Activities of Michel REIMON
Plenary speeches (35)
Copyright in the Digital Single Market (A8-0245/2018 - Axel Voss) (vote) DE
Neighbourhood, Development and International Cooperation Instrument (debate) DE
Situation in Syria (debate) DE
Annual report on competition policy (debate) DE
Annual report on competition policy (debate) DE
EU Member States support for the UN Global compact for migration (debate) DE
Presentation of the programme of activities of the Austrian Presidency (debate) DE
Annual Report on Competition Policy (debate) DE
Situation in Syria (debate) DE
Current human rights situation in Turkey - Situation in Afrin, Syria (debate) DE
Promotion of internet connectivity in local communities (debate) DE
European agenda for the collaborative economy - Online platforms and the Digital Single Market (debate) DE
Cross-border portability of online content services in the internal market (debate) DE
Wholesale roaming markets (debate) DE
Annual report on EU competition policy (debate) DE
Future for telecommunications, fair use and intra-EU calls (debate) DE
Apple state-aid decision (debate) DE
Bahrain DE
Space capabilities for European security and defence - Space market uptake - European space industrial policy (debate) DE
Decision adopted on the Digital Single Market package (debate) DE
Decision adopted on the Digital Single Market package (debate) DE
Towards a Digital Single Market Act (debate) DE
Annual report on EU Competition Policy (debate) DE
Zero rating practice (debate) DE
European single market for electronic communications (debate) DE
Negotiations for the Transatlantic Trade and Investment Partnership (TTIP) (debate) DE
Decision adopted on the Digital Single Market (debate) DE
Annual report on EU competition policy (debate) DE
Renewal of the mandate of the Internet Governance Forum (debate) DE
Digital single market (debate) DE
Situation in Kobane and the threat of IS (debate) DE
Situation in Iraq and Syria and the ISIS offensive including the persecution of minorities (debate) DE
Digital single market (debate) DE
EU-Canada free trade agreement (CETA) (debate) DE
Adoption by Lithuania of the euro on 1 January 2015 (debate) DE
Reports (1)
REPORT on the Annual Report on Competition Policy PDF (537 KB) DOC (92 KB)
Shadow reports (21)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Neighbourhood, Development and International Cooperation Instrument PDF (1 MB) DOC (537 KB)
REPORT on the proposal for a Council regulation amending Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid PDF (428 KB) DOC (52 KB)
REPORT containing a motion for a non-legislative resolution on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part PDF (510 KB) DOC (72 KB)
RECOMMENDATION on the draft Council decision on the conclusion of a Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part PDF (451 KB) DOC (52 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market PDF (820 KB) DOC (122 KB)
REPORT on the Annual Report on Competition Policy PDF (504 KB) DOC (105 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code (EECC) (recast) PDF (3 MB) DOC (572 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications PDF (1 MB) DOC (227 KB)
REPORT on a Space Strategy for Europe PDF (515 KB) DOC (88 KB)
REPORT on online platforms and the digital single market PDF (461 KB) DOC (84 KB)
REPORT on internet connectivity for growth, competitiveness and cohesion: European gigabit society and 5G PDF (471 KB) DOC (106 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1316/2013 and (EU) No 283/2014 as regards the promotion of Internet connectivity in local communities PDF (958 KB) DOC (150 KB)
REPORT on FinTech: the influence of technology on the future of the financial sector PDF (372 KB) DOC (85 KB)
REPORT on the European Cloud Initiative PDF (367 KB) DOC (88 KB)
REPORT on the annual report on EU competition policy PDF (554 KB) DOC (121 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets PDF (617 KB) DOC (94 KB)
REPORT on a coherent EU policy for cultural and creative industries PDF (419 KB) DOC (91 KB)
REPORT on the proposal for a decision of the European Parliament and of the Council on the use of the 470-790 MHz frequency band in the Union PDF (729 KB) DOC (111 KB)
REPORT on the Annual report on EU Competition Policy PDF (462 KB) DOC (178 KB)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union PDF (168 KB) DOC (93 KB)
REPORT on the Annual Report on EU Competition Policy PDF (214 KB) DOC (151 KB)
Shadow opinions (20)
OPINION on the proposal for a regulation of the European Parliament and of the Council on safeguarding competition in air transport, repealing Regulation (EC) No 868/2004
OPINION on the proposal for a directive of the European Parliament and of the Council on the legal and operational framework of the European services e-card introduced by Regulation ....[ESC regulation]....
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing the Body of European Regulators for Electronic Communications
OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast)
OPINION on the proposal for a Council directive amending Directive 2006/112/EC, as regards rates of value added tax applied to books, newspapers and periodicals
OPINION on the functioning of franchising in the retail sector
OPINION on internet connectivity for growth, competitiveness and cohesion: European gigabit society and 5G
OPINION on EU eGovernment Action Plan 2016-2020
OPINION with recommendations to the Commission on Civil Law Rules on Robotics
OPINION on the proposal for a regulation of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market
OPINION on the proposal for a regulation of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market
OPINION on monitoring the application of Union law: 2014 Annual Report
OPINION on Towards a Digital Single Market Act
OPINION on recommendations to the European Commission on the negotiations for the Trade in Services Agreement (TiSA)
OPINION on Recommendations to the European Commission on the negotiations for the Trade in Services Agreement (TiSA)
OPINION on the topic ‘Towards a Digital Single Market Act’
OPINION on the implementation of 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
OPINION on recommendations to the European Commission on the negotiations for the Transatlantic Trade and Investment Partnership (TTIP)
OPINION on recommendations to the European Commission on the negotiations for the Transatlantic Trade and Investment Partnership (TTIP)
OPINION on the Council position on the draft general budget of the European Union for the financial year 2015
Institutional motions (54)
MOTION FOR A RESOLUTION seeking an opinion from the Court of Justice on the compatibility with the Treaties of the proposed Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, the Implementation Protocol thereto and an exchange of letters accompanying the said Agreement PDF (153 KB) DOC (54 KB)
MOTION FOR A RESOLUTION on Vietnam, notably the situation of political prisoners PDF (256 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on animal welfare, antimicrobial use and the environmental impact of industrial broiler farming PDF (289 KB) DOC (56 KB)
MOTION FOR A RESOLUTION on Mass arbitrary detention of Uyghurs and Kazakhs in the Xinjiang Uyghur Autonomous Region PDF (351 KB) DOC (53 KB)
MOTION FOR A RESOLUTION on United Arab Emirates, notably the situation of human rights defender Ahmed Mansoor PDF (361 KB) DOC (53 KB)
MOTION FOR A RESOLUTION on Deterioration of media freedom in Belarus, notably the case of Charter 97 PDF (178 KB) DOC (52 KB)
MOTION FOR A RESOLUTION on the situation in Yemen PDF (267 KB) DOC (50 KB)
MOTION FOR A RESOLUTION on the situation on women's rights defenders in Saudi Arabia PDF (371 KB) DOC (54 KB)
MOTION FOR A RESOLUTION on the situation of imprisoned EU-Iranian dual nationals in Iran PDF (265 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on the situation in the Maldives PDF (287 KB) DOC (53 KB)
JOINT MOTION FOR A RESOLUTION on the Democratic Republic of the Congo PDF (161 KB) DOC (58 KB)
JOINT MOTION FOR A RESOLUTION on Nigeria PDF (285 KB) DOC (54 KB)
JOINT MOTION FOR A RESOLUTION on the cases of the human rights activists Wu Gan, Xie Yang, Lee Ming-che and Tashi Wangchuk, and the Tibetan monk Choekyi PDF (290 KB) DOC (56 KB)
JOINT MOTION FOR A RESOLUTION on El Salvador: the cases of women prosecuted for miscarriage PDF (374 KB) DOC (54 KB)
JOINT MOTION FOR A RESOLUTION on Cambodia: notably the dissolution of CNRP Party PDF (283 KB) DOC (56 KB)
JOINT MOTION FOR A RESOLUTION on freedom of expression in Vietnam, notably the case of Nguyen Van Hoa PDF (280 KB) DOC (52 KB)
JOINT MOTION FOR A RESOLUTION on the situation of the Rohingya people PDF (292 KB) DOC (60 KB)
MOTION FOR A RESOLUTION on the cases of women prosecuted for miscarriage in El Salvador PDF (376 KB) DOC (55 KB)
MOTION FOR A RESOLUTION on Cambodia: the banning of the opposition PDF (263 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on Freedom of expression in Vietnam, notably the case of Nguyen Van Hoa PDF (278 KB) DOC (52 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Yemen PDF (294 KB) DOC (58 KB)
MOTION FOR A RESOLUTION on the situation in Yemen PDF (267 KB) DOC (52 KB)
JOINT MOTION FOR A RESOLUTION on combating sexual harassment and abuse in the EU PDF (309 KB) DOC (61 KB)
JOINT MOTION FOR A RESOLUTION on the situation in the Maldives PDF (287 KB) DOC (56 KB)
JOINT MOTION FOR A RESOLUTION on the cases of Crimean Tatar leaders Akhtem Chiygoz, Ilmi Umerov and the journalist Mykola Semena PDF (284 KB) DOC (53 KB)
JOINT MOTION FOR A RESOLUTION on the situation of persons with albinism in Africa, notably in Malawi PDF (287 KB) DOC (52 KB)
MOTION FOR A RESOLUTION on the situation in the Maldives PDF (286 KB) DOC (53 KB)
MOTION FOR A RESOLUTION on the cases of Crimean Tatar leaders Akhtem Chiygoz and Ilmi Umerov and journalist Mykola Semena PDF (268 KB) DOC (51 KB)
MOTION FOR A RESOLUTION on the situation of people with albinism in Malawi and other African countries PDF (269 KB) DOC (52 KB)
JOINT MOTION FOR A RESOLUTION on Myanmar, in particular the situation of Rohingyas PDF (153 KB) DOC (55 KB)
JOINT MOTION FOR A RESOLUTION on Laos, notably the cases of Somphone Phimmasone, Lod Thammavong and Soukane Chaithad PDF (148 KB) DOC (54 KB)
JOINT MOTION FOR A RESOLUTION on Cambodia, notably the case of Kem Sokha PDF (151 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on Myanmar, in particular the situation of Rohingyas PDF (371 KB) DOC (52 KB)
MOTION FOR A RESOLUTION on Laos: notably the cases of Somphone Phimmasone, Lod Thammavong and Soukane Chaithad PDF (386 KB) DOC (50 KB)
MOTION FOR A RESOLUTION on Cambodia: notably the case of Mr Kem Sokha PDF (290 KB) DOC (50 KB)
JOINT MOTION FOR A RESOLUTION on Bahrain PDF (157 KB) DOC (83 KB)
MOTION FOR A RESOLUTION on Bahrain PDF (408 KB) DOC (73 KB)
MOTION FOR A RESOLUTION on attacks on hospitals and schools as violations of international humanitarian law PDF (187 KB) DOC (78 KB)
JOINT MOTION FOR A RESOLUTION on Bahrain: the case of Mohammed Ramadan PDF (149 KB) DOC (82 KB)
MOTION FOR A RESOLUTION on Bahrain: the case of Mohammed Ramadan PDF (258 KB) DOC (66 KB)
MOTION FOR A RESOLUTION on migration and refugees in Europe PDF (196 KB) DOC (88 KB)
JOINT MOTION FOR A RESOLUTION on Bahrain, in particular the case of Nabeel Rajab PDF (155 KB) DOC (80 KB)
MOTION FOR A RESOLUTION on Bahrain, in particular the case of Nabeel Rajab PDF (138 KB) DOC (71 KB)
MOTION FOR A RESOLUTION on the situation in Yemen PDF (268 KB) DOC (72 KB)
MOTION FOR A RESOLUTION on the destruction of cultural sites perpetrated by ISIS/Da’esh PDF (324 KB) DOC (77 KB)
JOINT MOTION FOR A RESOLUTION on recent attacks and abductions by Da’esh in the Middle East, notably of Assyrians PDF (150 KB) DOC (75 KB)
MOTION FOR A RESOLUTION on the recent attacks and abductions by Daesh in the Middle East, notably of Assyrians PDF (135 KB) DOC (61 KB)
JOINT MOTION FOR A RESOLUTION on the renewal of the mandate of the Internet Governance Forum PDF (240 KB) DOC (64 KB)
MOTION FOR A RESOLUTION on the renewal of the mandate of the Internet Governance Forum PDF (131 KB) DOC (55 KB)
MOTION FOR A RESOLUTION on freedom of expression in Turkey: recent arrests of journalists and media executives, and systematic pressure against the media PDF (228 KB) DOC (57 KB)
MOTION FOR A RESOLUTION on Iraq: kidnapping and mistreatment of women PDF (125 KB) DOC (55 KB)
MOTION FOR A RESOLUTION on the situation in Iraq and Syria and the ISIS offensive PDF (133 KB) DOC (69 KB)
JOINT MOTION FOR A RESOLUTION on freedom of expression and assembly in Egypt PDF (157 KB) DOC (81 KB)
MOTION FOR A RESOLUTION on Freedom of expression and assembly in Egypt PDF (137 KB) DOC (66 KB)
Oral questions (3)
Investigation in the wake of the Dieselgate 2.0 scandal PDF (197 KB) DOC (19 KB)
Minor interpellation - VP/HR - The conclusion of EU-Egypt Partnership Priorities PDF (189 KB) DOC (17 KB)
Call for a limitation of abusive fees charged for cross-border intra-EU phone calls and SMSs in the upcoming review of the telecoms framework PDF (106 KB) DOC (18 KB)
Written questions (17)
VP/HR - European nationals who have worked with ISIS PDF (41 KB) DOC (16 KB)
Public consultation on the Water Framework Directive, Groundwater Directive and Floods Directive PDF (102 KB) DOC (18 KB)
EU Chaillot Prize for the Promotion of Human Rights in the Gulf Cooperation Council Region PDF (102 KB) DOC (18 KB)
International Environment Impact Assessment for the Paks II Nuclear Power Plant PDF (6 KB) DOC (18 KB)
VP/HR - Italian arms exports to Saudi Arabia PDF (98 KB) DOC (18 KB)
Seizure of websites related to the Catalan referendum of 2017 PDF (101 KB) DOC (18 KB)
Accusations of embezzlement of European funds in Hungary PDF (196 KB) DOC (17 KB)
CETA/Press release from the Commission representation in Vienna PDF (101 KB) DOC (18 KB)
Nuclear safety at the Sellafield nuclear fuel reprocessing plant PDF (102 KB) DOC (17 KB)
Hinkley Point C and EDF PDF (103 KB) DOC (25 KB)
BEREC implementation guidelines for Regulation (EU) 2015/2120 - public consultation PDF (103 KB) DOC (24 KB)
VP/HR - EU-Saudi Arabia relationship PDF (197 KB) DOC (28 KB)
Epizootic disease surveillance programme - sampling rates and rules on sampling PDF (5 KB) DOC (23 KB)
Tax rulings and recuperated tax PDF (101 KB) DOC (24 KB)
VP/HR - Human rights defenders in Syria PDF (102 KB) DOC (24 KB)
Support for Syria and its neighbours PDF (100 KB) DOC (23 KB)
Refusal to register the European Citizens' Initiative 'Stop TTIP'/Decision C(2014)06501 final PDF (101 KB) DOC (23 KB)
Amendments (1251)
Amendment 40 #
2018/2102(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the treaty-based competition rules must be interpreted in the light of the wider European values underpinning the Union’s social market economy, notably environmental and social protection, equality considerations, consumer protection and public health, as mandated by Article 7 TFEU and the COP-21 Paris Agreement; takes the view, therefore, that activities which cause negative social and environmental externalities create market distortions that need to be addressed by means of competition law while, conversely, activities which bring social or environmental benefits should be explicitly taken into account when assessing treaty- based competition provisions;
Amendment 41 #
2018/2102(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the normative foundations of EU competition law in the TFEU are still fit for purpose but its enforcement requires to carefully incorporate non-economic parameters that are essential for the realisation of Europe’s social market economy; stresses, in particular, the need to assess to what extent EU competition law is capable to address social and environmental concerns stemming from the increasing concentration of markets across sectors;
Amendment 108 #
2018/2102(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that digital markets need to be assessed from a multi- disciplinary perspective; recalls that an anti-competitive behaviour can entail a breach of other areas of law such as data protection and consumer laws; stresses that an appropriate enforcement response would require that different competent authorities work together, in particular the competition, consumer and data protection authorities as suggested by the European Data Protection Supervisor initiative for a Clearing House;
Amendment 115 #
2018/2102(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recommends that the European Commission carries out a sector inquiry into the advertising market to be able to understand the dynamics of the online advertising market and identify anti- competitive practices that need to be addressed under competition law enforcement as done by some national authorities;
Amendment 120 #
2018/2102(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Highlights that the effectiveness of competition law enforcement depends on the appropriate design and testing of remedies; stresses that consumer-facing remedies are important to restore competitiveness in a market by helping consumers to make informed decisions and address status quo biases; is of the opinion that the European Commission when designing behavioural remedies shall incorporate behavioural economics as a supporting discipline as some national authorities have done in the recent years;
Amendment 123 #
2018/2102(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Reiterates that all market players should pay their fair share of tax; strongly welcomes the Commission’s in-depth investigations into anti-competitive practices such as selective tax advantages and excess profit ruling systems;
Amendment 125 #
2018/2102(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Reiterates that all market players should pay their fair share of tax; strongly welcomes the Commission’s in-depth investigations into anti-competitive practices such as selective tax advantages and excess profit ruling systems;
Amendment 136 #
2018/2102(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Observes that a number of 1a studies have demonstrated the hidden social cost and reduced product competition corresponding to higher levels of horizontal ownership concentration; calls therefore, the European Commission to consider revising the Merger regulation in this sense and provide guidelines on the use of Article 101 and 102 TFEU in such cases; __________________ 1a Common Ownership by Institutional Investors and its Impact on Competition, OECD, 5-6 December 2017
Amendment 146 #
2018/2102(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the introduction by the European Commission of an anonymous whistle-blower tool, enabling the reporting of cartels, or other types of illegal anti-competitive practices, thus increasing the likelihood of their detection and prosecution; notes the positive figures after the first months of use;
Amendment 163 #
2018/2102(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Expresses concern about the recent approval of the Bayer and Monsanto merger by the European Commission and its acknowledgement that it disregarded in its decision goals enshrined in the TFEU, notably food safety, protection of consumers, the environment and the climate;
Amendment 174 #
2018/2102(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines that TFEU Article 101 has increasingly been considered an obstacle to the collaboration of smaller market players for the adoption of higher environmental and social standards than those required by national and European authorities;
Amendment 186 #
2018/2102(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines that capacity mechanisms often represent considerable costs for consumers and function as a “hidden subsidy", supporting unprofitable and polluting power stations; emphasises that any state aid approval of such schemes shall ensure that they are not open to the most polluting assets and be subject to a strict necessity test by examining alternative measures such as storage, demand-side management, smart grids, variable renewable generation and notably more efficient use of existing interconnectors;
Amendment 195 #
2018/2102(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Is concerned about the approval by the European Commission of capacity mechanisms in six Member States, in the course of ongoing inter-institutional negotiations, whereby the European Parliament has a strong mandate to limit the deployment of such schemes; stresses, in this context, that future EU-wide rules shall have a strong retroactive effect and not be hampered by grandfathering clauses;
Amendment 23 #
2018/0248(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Fund should be implemented in full compliance with the rights and principles enshrined in the Charter of Fundamental Rights of the European Union and with the Union’s international obligations as regards fundamental rights, including under the UN Convention on the Rights of the Child, the UN Convention against Torture and the relevant case-law of the European Court of Human Rights.
Amendment 28 #
2018/0248(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Fund should support the efficient management of migration flows, inter alia by promotingpromote common measures in the area of asylum, including Member States’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between Member States, supporting integration strategies and a more effective legal migration policy, so as to ensure the Union’s long-term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy. The Fund should support the strengthening of cooperation with third countries to reinforce the respect of international standards in the field of asylum and migration, the management of flows of persons applying for asylum or other forms of international protection, avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries.
Amendment 37 #
2018/0248(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Partnerships and cooperation with third countries are an essential component of Union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protecmigration. With the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the Member States of third-country nationals or stateless persons in need of international protection, expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries, helping achieve the Union’s migration policy objectives by increasing the Union’s leverage vis-à-viscooperation with third countries, and of effectively contributing to global resettlement initiatives by speaking with one voice in international fora and with third countries, the Fund should provide financial incentives to the implementation of the Union Resettlement [and Humanitarian Admission] Framework.
Amendment 56 #
2018/0248(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Readmission agreements and other arrangements are an integral component of the Union return policy and a central tool for the efficient management of migration flows, as they facilitate the swift return of irregular migrants. Those agreements and arrangements are an important element in the framework of the dialogue and cooperation wiThe fund may contribute to the implementation of readmission agreements and other arrangements with third countries, provided that these agreements and arrangements have been concluded in respect of both the interests of the Union and the third countries of origin and transit of irregular migrants and their implementation in third countries should be supported in the interests of effective return policies at national and Union levelconcerned, in particular taking into account the latter’s reintegration capacities.
Amendment 66 #
2018/0248(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Measures in and in relation to third countries supported through the Fund should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union’s migration policy notably in terms of human rights and policy coherence for development.
Amendment 71 #
2018/0248(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) These initial amounts should form a basis for Member States’ long-term investments. To take account of changes in migration flows and to address needs in the management of asylum and reception systems and integration of legally staying third-country nationals, and counter irregular migration through efficient and, sustainable and human rights compliant return policy, an additional amount should be allocated to the Member States at mid- term taking into account the absorption rates. This amount should be based on the latest available statistical data as set out in Annex I to reflect the changes in the baseline situation of Member States.
Amendment 88 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to contribute to countering irregular migration and ensuring effectiveness ofensuring human rights-based return and readmission in third countries.
Amendment 91 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. to contribute to promoting and respecting the fundamental rights of migrants, as enshrined in international law;
Amendment 96 #
2018/0248(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Fund shall be open to third countries that have ratified the 1951 Refugee Convention and its protocol and respect international standards in the field of asylum and migration. It shall be open for activities in the field of legal migration, return and readmission in accordance with the conditions laid down in a specific agreement covering the participation of the third country to the Asylum and Migration Fund, provided that the agreement:
Amendment 98 #
2018/0248(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 2
Article 5 – paragraph 1 – indent 2
— lays down the conditions of participation in the Fund, including the commitment to respect international standards in the field of migration and asylum, calculation of financial contributions to the Fund and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of the Financial Regulation;
Amendment 100 #
2018/0248(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
establishes an effective and transparent mechanism for the monitoring of human rights compliance by the third country in the relevant areas, and of the human rights impact of the activities supported under the Fund;
Amendment 101 #
2018/0248(COD)
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
Amendment 102 #
2018/0248(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a All specific agreements with third countries in relation to the Fund shall be made public.
Amendment 103 #
2018/0248(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5 b A consultative body composed of local experts and civil society representatives shall be established in each third country concerned in order to provide input related to the implementation of individual agreements;
Amendment 106 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a – point 3
Article 6 – paragraph 1 – point a – point 3
Amendment 109 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Legal entities established in a third country are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action and once they have been assessed for their ability to ensure human rights compliance of their actions.
Amendment 112 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Legal entities participating in consortia of at least two independent entities, established in different Member States or overseas countries or territories linked to those states or in third countries are eligible. An eligible consortium must include at least one entity established in a Member State.
Amendment 116 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Each Member State shall ensure that the priorities addressed in its programme are consistent with, and respond to, the Union priorities and challenges in the area of migration management and are fully in line with the relevant international standards on asylum and migration, Union acquis and agreed Union priorities. In defining the priorities of their programmes Member States shall ensure that the implementation measures set out in Annex II are adequately addressed.
Amendment 138 #
2018/0248(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under the Fund, the assessment of the impact of returns on third countries and on the respect for the fundamental rights of migrants.
Amendment 141 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. the impact of returns on third countries;
Amendment 142 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2b. the complementarity with the EU’s human rights policy and the compliance with EU and Member States’ commitments in the field of human rights;
Amendment 145 #
Amendment 147 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 1 – point b – indent 2
Annex I – point 1 – point b – indent 2
– 350 % for legal migration and integration;
Amendment 151 #
2018/0248(COD)
Proposal for a regulation
Annex I – point 1 – point b – indent 3
Annex I – point 1 – point b – indent 3
– 410% for countering irregular migration including returns.
Amendment 161 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) enhancing solidarity and cooperation with third countries affected by migratory flows, including through resettlement and other legal avenues to protection in the Union as well as partnership and cooperation with third countries for the purpose of managing migration and promoting the respect of international standards in the field of asylum and migration.
Amendment 162 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 2 – point a
Annex II – point 2 – point a
(a) supporting the development and implementation of policies promoting legal migration and the implementation of the Union lregalular migration acquis; in line with applicable international standards on migration and the protection of migrant workers;
Amendment 165 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 3 – point b
Annex II – point 3 – point b
(b) supporting an integrated and coordinated approach to return management at the Union and Member States’ level, to the development of capacities for effective and sustainable return and reintegration in line with international human rights standards, and reducing incentives for irregular migration;
Amendment 169 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point h
Annex III – point 2 – point h
(h) enhancing capacities of third countries to improve the respect of rights of migrants and the protection of persons in need of protection; supporting the development of child protection mechanisms;
Amendment 170 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point b
Annex III – point 3 – point b
(b) development of mobility schemes to the Union, such as private sponsorship schemes and circular or temporary migration schemes, including training to enhance employability;
Amendment 178 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point i
Annex III – point 4 – point i
(i) measures to support and monitor the returnee’s durable return and reintegration;
Amendment 181 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point k
Annex III – point 4 – point k
(k) cooperation with third countries on promoting and respecting the rights of migrants as well as on countering irregular migration and on effective return and readmission, including in the framework of the implementation of readmission agreements and other arrangements, provided that these agreements and arrangements duly take into account third states’ absorption and reintegration capacity for returnees;
Amendment 184 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 – point m
Annex III – point 4 – point m
(m) support for and actions in third countries, including on infrastructure, equipment and other measures, provided these contribute to enhancing effective cooperation between third countries and the Union and its Member States on return and readmission and are compliant with international human rights standards.
Amendment 185 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 4 a (new)
Annex III – point 4 a (new)
4a. support for civil society organisations in third countries that provide assistance to returnees and their reintegration;
Amendment 382 #
Amendment 383 #
2018/0243(COD)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amendwithdraw its proposal;
Amendment 384 #
2018/0243(COD)
Draft legislative resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
–
2a. Requests the Commission to submit as soon as possible a new proposal for a regulation meeting the requests expressed by Parliament in its resolution of 14 March 20181a. _________________ 1a Text adopted P8_TA(2018)0075.
Amendment 385 #
2018/0243(COD)
Draft legislative resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 386 #
2018/0243(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The policy framework of Union’s external action referred to in this Regulation should include, inter alia: the EU Strategic Framework and Action Plan on Human Rights and Democracy; the European Consensus on Development; the Addis Ababa Action Agenda; the 2030 Agenda for Sustainable Development; the Paris Agreement on Climate Change; the New Urban Agenda; development effectiveness principles agreed in the Global Partnership for Effective Development Cooperation (GPEDC) during the Busan High Level Forum on Aid Effectiveness in 2011 and renewed during the High-Level Meeting in Nairobi in 2016; the UN guiding principles for business and human rights; the OECD guidelines for multinational enterprises; the UN Convention on the Rights of Persons with Disabilities; the Comprehensive approach to the EU implementation of the United Nations Security Council Resolutions 1325 and 1820 on women, peace and security; the European Union's Gender Action Plan 2016-2020: gender equality and women's empowerment in external relations; the Convention on the Elimination of All Forms of Discrimination against Women; the EU Integrated Approach to External Conflicts and Crises; the Union Programme for the Prevention of Violent Conflicts; the Concept on Strengthening EU Mediation and Dialogue Capacities; the EU-wide Strategic Framework to support Security Sector Reform (SSR); the EU strategy against illicit firearms, small arms and light weapons (SALW) and their ammunition; the EU Concept for Support to Disarmament, Demobilisation and Reintegration (DDR); the Maastricht Principles on Extraterritorial Obligation of States in the area of Economic, Social and Cultural Rights; the Refugee Convention; the Global Compact on Safe, Orderly and Regular Migration, adopted in Marrakech on December 10th 2018; the Global Compact on Refugees; the outcomes of the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development (ICPD); the UNCTAD Roadmap towards Sustainable Sovereign Debt Workouts (April 2015); and the Guiding Principles on Foreign Debt and Human Rights drawn up by the Office of the UN High Commissioner for Human Rights.
Amendment 388 #
2018/0243(COD)
Proposal for a regulation
Recital –1 (new)
Recital –1 (new)
(-1) In accordance with Article 3.5 of the Treaty on European Union, in its relations with the wider world, the Union should uphold and promote its values and interests and contribute to the protection of its citizens. It should contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.
Amendment 389 #
2018/0243(COD)
Proposal for a regulation
Recital -1 a (new)
Recital -1 a (new)
(-1a) In accordance with Article 21 of the Treaty on European Union, the Union's action on the international scene should be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law. The Union should pursue consistency between the different areas of its external action and between these and its other policies. The Union should work for a high degree of cooperation in all fields of international relations. The wide array of actions enabled by this Regulation should contribute to the objectives set out in that Article of the Treaty.
Amendment 390 #
2018/0243(COD)
Proposal for a regulation
Recital –1 b (new)
Recital –1 b (new)
(-1b) In accordance with Article 11 on the Treaty of the functioning of the European Union, environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable development.
Amendment 391 #
2018/0243(COD)
Proposal for a regulation
Recital –1 c (new)
Recital –1 c (new)
(-1c) In accordance with Article 8.1 of the Treaty on European Union, the Union should develop a special relationship with neighbouring countries, aiming to establish an area of prosperity and good neighbourliness, founded on the values of the Union and characterised by close and peaceful relations based on cooperation.
Amendment 392 #
2018/0243(COD)
Proposal for a regulation
Recital –1 d (new)
Recital –1 d (new)
(-1d) The 2030 Agenda for Sustainable Development, adopted by all United Nations Member States in 2015, provides a shared blueprint for peace and prosperity for people and the planet, now and into the future. The 17 Sustainable Development Goals are a recognition that ending poverty, the first Sustainable Development Goal, and other deprivations must go hand-in-hand with strategies that improve health and education, reduce inequality, and spur economic growth – all while tackling climate change and working to preserve our oceans and forests.
Amendment 400 #
2018/0243(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The general objective of the Programme "Neighbourhood, Development and International Cooperation Instrument" (the ‘Instrument’) should be to uphold and promote the Union’s values and, principles and fundamental interests worldwide in order to pursue the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union.
Amendment 401 #
2018/0243(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In accordance with Article 21 of the Treaty on European Union, the Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law. The Union shall pursue consistency between the different areas of its external action and between these and its other policies, as well as it shall work for a high degree of cooperation in all fields of international relations. The wide array of actions enabled by this Regulation should contribute to the objectives set out in that Article of the Treaty.
Amendment 405 #
2018/0243(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 411 #
2018/0243(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Poverty includes all the areas in which people of either gender are deprived and perceived as incapacitated in different societies and local contexts. The core dimensions of poverty include economic, human, political, socio-cultural and protective capabilities. Poverty relates to human capabilities such as consumption and food security, health, education, rights, the ability to be heard, human security especially for the poor, dignity and decent work. Therefore combating poverty will only be successful if equal importance is given to investing in people (first and foremost in health and education and HIV/AIDS, the protection of natural resources (like forests, water, marine resources and soil) to secure rural livelihoods, and investing in wealth creation (with emphasis on issues such as entrepreneurship, job creation, access to credits, property rights and infrastructure). The empowerment of women is the key to all development and gender equality should be a core part of all policy strategies.
Amendment 412 #
2018/0243(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Union shall ensure policy coherence for development as required by Article 208 of the Treaty on the Functioning of the European Union. The Union should take account of the objectives of development cooperation in the policies that are likely to affect developing countries, which will be a crucial element of the strategy to achieve the Sustainable Development Goals defined in the 2030 Agenda for Sustainable Development ('2030 Agenda') adopted by the United Nations in September 201545 . Ensuring policy coherence for sustainable development, as embedded in the 2030 Agenda, requires taking into account the impact of all policies on sustainable development at all levels — nationally, within the Union, in other countries and at global level. The Union should also consider the impact of all policies on conflict dynamics, by promoting a conflict sensitive approach based on rigorous conflict analysis in all actions and programmes under this Regulation, with the aim of avoiding negative impacts and maximizing positive ones. _________________ 45 "Transforming our world: the 2030 Agenda for Sustainable Development", adopted at the United Nations Sustainable Development Summit on 25 September 2015 (A/RES/70/1).
Amendment 413 #
2018/0243(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The Union is strongly committed to gender equality as a human right, a question of social justice and a core value of the Union's external policy. Article 8 TFEU lays down the principle of gender mainstreaming in all EU activities. A proper implementation of gender mainstreaming requires the allocation of adequate resources and transparency in the budget lines dedicated to promote gender equality and to combat gender discrimination.
Amendment 415 #
2018/0243(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The global context for action is the pursuit of a rules-based global order, with multilateralism as its key principle and the United Nations at its core. The 2030 Agenda, together with the Paris Agreement on Climate Change57 and the Addis Ababa Action Agenda58 is the international community’s response to global challenges and trends in relation to sustainable development. With the Sustainable Development Goals at its core, the 2030 Agenda is a transformative framework to eradicate poverty and achieve sustainable development globally and promote peaceful, just and inclusive societies. It is universal in scope, providing a comprehensive shared framework for action that applies to the Union, to its Member States and to its partners. It balances the economic, social and environmental dimensions of sustainable development, recognising the essential interlinkages between its goals and targets. The 2030 Agenda aims to leave no one behind and seeks to reach the furthest behind first. The implementation of the 2030 Agenda will be closely coordinated with the Union's other relevant international commitments. Actions undertaken by this Regulation should pay particular attention to interlinkages between Sustainable Development Goals and to integrated actions that can create co- benefits and meet multiple objectives in a coherent way. _________________ 57 without undermining others. _________________ 57 Signed in New York on 22 April 2016. Signed in New York on 22 April 2016. 58 "Addis Ababa Action Agenda of the Third International Conference on Financing for Development", adopted on 16 June 2015 and endorsed by the United Nations General Assembly on 27 July 2015 (A/RES/69/313).
Amendment 421 #
2018/0243(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The implementation of this Regulation should be guided by the five priorities established inUnited Nations’ Agenda 2030 for Sustainable Development, the Paris Climate Agreement, the European Consensus for Development, the Addis Ababa Action Agenda and the Global Strategy for the European Union’s Foreign and Security Policy (the 'Global Strategy')59 , paresented on 19 June 2016, which represents the Union's vision and the framework for united and responsible external engagement in partnership with others, to advance its values and interests part of the framework for the application of this Regulation. The Union should enhance partnerships, promote policy dialogue and collective responses to challenges of global concern. Its action should support the Union’s interestfundamental interests, principles and values in all its aspects, including preservomoting democracy and human rights, preserving and building peace, preventing conflicts, ensuring nuclear safety, strengthening international security, fightaddressing root causes of irregularforced migration and displacement and assisting populations, countries and regions confronting natural or man-made disasters, supporting trade policy, economicbringing about the conditions to create an international legal framework for the protection of persons displomacy and economic cooperation, promoting digital solutions and taced due to climate change and environmental degradation, supporting the fight against climate change, a fair, environmentally sustainable and human rights compliant trade policy, echonologiesmic diplomacy and economic cooperation, and fostering the international dimension of Union’s policies. In promoting its interests,fundamental interests, principles and values the Union should comply with, and promote, the principles of respect for high social, labour and environmental standards, for the rule of law, for international law and for human rights. A commitment to respect, promote and protect human rights and democratic principles is an essential element of the Union´s contractual relations with third countries. _________________ 59 "Shared Vision, Common Action: A Stronger Europe. A global Strategy for the European Union's Foreign and Security Policy", June 2016.
Amendment 429 #
2018/0243(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The new European Consensus on Development ('the Consensus')60 , signed on 7 June 2017, provides the framework for a common approach to development cooperation by the Union and its Member States to implement the 2030 Agenda and the Addis Ababa Action Agenda. Eradicating poverty, tackling discrimination and inequalities, protecting the environment and fighting climate change, leaving no one behind and strengthening resilience are at the heart of development cooperation policy. _________________ 60 "The New European Consensus on Development 'Our World, our Dignity, Our Future'", Joint statement by the Council and the Representatives of the governments of the Member States meeting within the Council, the European Parliament and the European Commission, 8 June 2017.
Amendment 433 #
2018/0243(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to implement the new international framework established by the 2030 Agenda, thecomplemented by the EU’s Global Strategy and the Consensus, this Regulation should aim at increasing the coherence and ensuring the effectiveness of the Union's external action by concentrating its efforts through a streamlined instrument to improve the implementation of the different external action policies.
Amendment 436 #
2018/0243(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In accordance with the Global Strategy and the Sendai Framework for Disaster Risk Reduction (2015-2030) as adopted on 18 March 201561 , recognition should be given to the need to move away from crisis response and containment to a more structural, preventive, long-term approach that more effectively addresses situations of fragility, natural and man- made disasters, and protracted crises. Greater emphasis and collective approaches are required on risk reduction, prevention, mitigation and preparedness; and further efforts are required to enhance swift response and a durable recovery. This Regulation should therefore contribute to strengthening resilience and linking humanitarian aid and development action through rapid response actions. _________________ 61 "Sendai Framework for Disaster Risk Reduction", adopted on 18 March 2015 and endorsed by the United Nations General Assembly on 3 June 2015 (A/RES/69/283).
Amendment 447 #
2018/0243(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Pursuant to the Sustainable Development Goals, this Regulation should contribute to reinforced monitoring and reporting with a focus on results, covering outputs, outcomes and impacts in partner countries benefiting from the Union's external financial assistance. In particular, as agreed in the Consensus, actions under this Regulation are expected toshould contribute 20% of the Official Development Assistance funded under this Regulation to social inclusion and human development, including gender equality and women's empowerment.
Amendment 453 #
2018/0243(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In line with existing commitments in EU Gender Action Plan II, at least 85% of Official Development Assistance (ODA) funded programmes under this Regulation should have gender equality and women’s and girls’ rights and empowerment as a significant objective, across all programmes, geographic and thematic, annually and over the duration of its actions.
Amendment 459 #
2018/0243(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) The Union's development policies under this regulation will give particular attention to the needs and empowerment of children and youth and will contribute to the realisation of their potential as key agents of change by investing in human development and social inclusion.
Amendment 465 #
2018/0243(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should contribute to the collective Union objective of providing 0.7% of Gross National Income as Official Development Assistance within the timeframe of the 2030 Agenda. In that regard, at least 927 % of the funding under this Regulation should contribute to actions designed in such a way that they fulfil the criteria for Official Development Assistance as established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development.
Amendment 470 #
2018/0243(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should reflect the need to focus on strategic priorities, both geographically – the European Neighbourhood and Africa, as well as countries that are fragile and most in need, but also thematically – security, migration, climate change and human rights. ustainable development, poverty eradication, security, peace, climate change, environmental degradation and contributing to realising human rights and gender equality worldwide.
Amendment 475 #
2018/0243(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) This Regulation should support the implementation of the European Neighbourhood Policy, as reviewed in 2015, and the implementation of regional cooperation frameworks, such as cross- border cooperation and the external aspects of relevant macro-regional and sea basin strategies and policies. Those initiatives offer political frameworks for deepening relations with and among partner countries, based on the principles of mutual accountability, shared ownership and responsibility. In cases of a serious or persistent degradation of democracy, human rights or rule of law in one of the countries covered by Annex I, support should be suspended.
Amendment 482 #
2018/0243(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The European Neighbourhood Policy, as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience, particularly by boosting economic development, as the Union's main political priorities. In order to attain its objective, the reviewed European Neighbourhood Policy has been focusing on four priority areas: good governance, democracy, the rule of law and human rights, with a particular focus in engaging further with civil society; economic development; security; migration and mobility, including tackling the root causes of irregular migration and forced displacement. Environmental sustainability is another key concern. Differentiation and enhanced mutual ownership are the hallmark of the European Neighbourhood Policy, recognising different levels of engagement, and reflecting the interests of each country concerning the nature and focus of its partnership with the Union. _________________ 62 Joint communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, "Review of the European Neighbourhood policy", 18 November 2015.
Amendment 484 #
2018/0243(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should support the implementation of a modernised association agreement with countries of the Africa, Caribbean and Pacific (ACP) Group of States and allow the EU and its ACP partners to develop further strong alliances on key global challenges. In particular, this Regulation should support the continuation of the established cooperation between the Union and the African Union in line with the Joint Africa- EU Strategy and build on the future EU- ACP agreement after 2020, including through a continental approach towards Africa.
Amendment 485 #
2018/0243(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 486 #
2018/0243(COD)
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20b) This Regulation should also contribute to the trade-related aspects of the Union's external relations, such as the implementation of the UN Guiding Principles on Business and Human Rights and the OECD guidelines for multinational enterprises and the cooperation with third countries on supply chain due diligence, for example through Regulation(EU) No 2017/821 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas, the Kimberley Process for the certification of rough diamonds, the Sustainability Compact, the implementation of commitments under the Regulation (EU) No 978/2012 of the European Parliament and the Council1a(GSP Regulation), cooperation under the Forest Law Enforcement, Governance and Trade (FLEGT) and Aid for Trade initiatives in order to ensure consistency and mutual support between EU trade policy and development goals and actions; _________________ 1a Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No732/2008 (OJ L 303, 31.10.2012, p. 1)
Amendment 487 #
2018/0243(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Union should seek the most efficient use of available resources in order to optimise the impact of its external action. That should be achieved through coherence and complementarity among the Union's external financing instruments, notably the Instrument for Pre-Accession III63 , the Humanitarian Aid Instrument64 , the Decision on Overseas Countries and Territories65 , the European Instrument for Nuclear Safety to complement the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty66 , the common foreign and security policy and the newly proposed European Peace Facility67 which is financed outside the Union budget, as well as the creation of synergies with other Union policies and Programmes. This includes coherence and complementarity with macro-financial assistance, where relevant. In order to maximise the impact of combined interventions to achieve a common objective, this Regulation should foresee strict conditionalities for suspension of assistance and allow for the combination of funding with other Union Programmes, as long as the contributions do not cover the same costs. _________________ 63 COM (2018) 465 final Proposal for a Regulation of the European Parliament and of the Council establishing the Instrument for Pre-accession Assistance (IPA III) 64 Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, p. 1). 65 COM(2018) 461 final Proposal for a Council Decision on the Association of the Overseas Countries and Territories with the European Union including relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other ('Overseas Association Decision'). 66 COM(2018) 462 final Proposal for a Council Regulation establishing a European Instrument for Nuclear Safety complementing the Neighbourhood, Development and International Cooperation Instrument on the basis of the Euratom Treaty. 67 C(2018) 3800 final Proposal of the High Representative of the Union for Foreign Affairs and Security Policy to the Council for a Council Decision establishing a European Peace Facility.
Amendment 491 #
2018/0243(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) This Regulation should reconfirm nuclear safety as an important part of the EU external action and facilitate the objectives of cooperation specified in Regulation (EINS). Therefore, in the event where a partner country persistently fails to respect the basic nuclear safety standards, such as provisions of the relevant international Conventions within the Framework of the IAEA, the Espoo and Aarhus Conventions and their subsequent amendments, the Treaty on the Non-Proliferation of Nuclear Weapons and the additional Protocols thereto, the commitments to implementation of stress tests and related measures, and the objectives of cooperation specified in Regulation (EINS), assistance under this Regulation for the country concerned should be reconsidered and might be suspended or partly suspended.
Amendment 494 #
2018/0243(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The main approach for actions financed under this Regulation should be through geographic programmes, in order to maximise the impact of the Union's assistance and bring Union's action closer to partner countries and populations. This general approachand thematic programmes and by rapid response actions, where relevant. Joint programming combining all elements should bensure complemented by thematic programmes and by rapid response actions, where relevantarity, efficiency and effectiveness of EU support for partner countries.
Amendment 495 #
2018/0243(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In line with the Consensus, the Union and its Member States should enhance joint programming to increase their collective impact by bringing together their resources and capacities. Joint programming should build on the partner countries’ political priorities, engagement, appropriation and ownership. The Union and its Member States should seek to support partner countries through joint implementation, whenever appropriate.
Amendment 499 #
2018/0243(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Whilst democracy and human rights, including gender equality and women's and girls' empowerment should be reflected throughout the implementation of this Regulation, Union assistance under the thematic programmes for human rights and democracy and civil society organisations that should have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of the governments and public authorities of the third countries concerned.
Amendment 502 #
2018/0243(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Civil society organisations should embrace a wide range of actors with different roles and mandates which includes all non-State, not-for-profit structures, non-partisan and non-violent, through which people organise to pursue shared objectives and ideals, whether political, cultural, social or economic. Operating from the local to the national, regional and international levels, they comprise urban and rural, formal and informal organisations. In line with the Consensus for Development, this Regulation will deepen partnerships with CSOs in support of sustainable development, promoting an operating space and enabling environments for CSOs to allow them to play their multiple roles as promoters of democracy, the rule of law, social justice and human rights, defenders of rights holders, climate action and environmental protection, independent advocates monitoring and holding authorities to account, implementers and agents of change including through development education and awareness raising. This Regulation will promote civil society space and enhance support for, and build the capacity of CSOs, so as to strengthen their voice in the development process and to contribute to the achievement of the Sustainable Development Goals. This Regulation should offer also the possibility for very small civil society organisations to receive small grants in a fast and unbureaucratic manner in particular in the context of situations of fragility, crisis, and inter-community tensions.
Amendment 508 #
2018/0243(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The Union recognises the crucial role local authorities play in the implementation of the Agenda 2030 for Sustainable Development and should enhance its support for local authorities’ capacity building.
Amendment 509 #
2018/0243(COD)
Proposal for a regulation
Recital 26 b (new)
Recital 26 b (new)
(26b) On 8 December 2008, the Council approved a comprehensive approach to the implementation by the Union of United Nations Security Council Resolutions 1325 (2000) and 1820 (2008) on women, peace and security, recognising the close links between the issues of peace, security, development and gender equality. The Union has consistently called for full implementation of the women, peace and security agenda as set out in relevant United Nations Security Council resolutions, particularly the need to combat violence against women in conflict situations and to promote the participation of women in peacebuilding.
Amendment 510 #
2018/0243(COD)
Proposal for a regulation
Recital 26 c (new)
Recital 26 c (new)
(26c) Peace-building, conflict prevention and stability have been identified by the Global Strategy as key policies for the Union’s external action. Taking into account growing instability and conflict in the Union’s neighbourhood and beyond, these policies merit doubling of respective funds compared to the 2014-2020 financial perspective. It is equally important to preserve and enlarge the scope of the Union’s policies on the matter. This implements relevant Union strategies such as the EU Integrated Approach to External Conflicts and Crises, the Union Programme for the Prevention of Violent Conflicts, the Concept on Strengthening EU Mediation and Dialogue Capacities, the EU-wide Strategic Framework to support Security Sector Reform (SSR), EU strategy against illicit firearms, small arms and light weapons (SALW) and their ammunition, and the EU Concept for Support to Disarmament, Demobilisation and Reintegration (DDR).
Amendment 512 #
2018/0243(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Reflecting the importance of tackling climate change, protecting the environment and fighting biodiversity losses, in line with the Union commitments to implement the Paris Agreement, the Convention on Biological Diversity and the United Nations Sustainable Development Goals, this Regulation should contribute to mainstream climate and environmental action in the Union policies and to the achievement of an overall target of 250 % of the Union budget expenditures supporting climate objectives. Actions under this Regulation are expected to contribute 250 % of its overall financial envelope to climate objectivesand environment related objectives. This includes a target of 10% dedicated to biodiversity. Relevant actions will be identified during the implementation of this Regulation, and t. The overall contribution from this Regulation should be part of relevant evaluations and review processes. Union action in this area should favour the adherence to the Paris Agreement and to the Rio Conventions. Actions and measures contributing to meeting the target on climate and environment shall take into consideration the relation between climate, peace and security, women’s empowerment and the fight against poverty.
Amendment 521 #
2018/0243(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Sustainable agriculture and food systems, including sustainable fisheries, will have to address the food and nutrition security needs of a growing global population while protecting the environment. This regulation should promote sustainable agriculture, sustainable management of natural resources such as water, soil and forests. Actions under this envelope are expected to contribute 10% of its overall financial envelope to food and nutrition security by increasing support to smallholders and agro-ecological practices.
Amendment 524 #
2018/0243(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) It is essential to further step up cCooperation on migration with partner countries, reaping the benefits of well- managed should be based on the Global compact on Safe, Orderly and rRegular mMigration and effectively addressing irregular migration. Such cooperation shouldthe Global Compact on Refugees and enable developing countribute to ensuring access to international protection,es to reap the benefits of well-managed and regular migration, effectively addressing the root causes of irregularforced migration, enhancing border management and pursuing efforts in and displacement and alleviate the burden of developing countries which host the fhight against irregular migration, trafficking in human beest number of refugees worldwide. It should contribute to ensurings and migrant smuggling,ccess to international protection and working on returns, readmission and reintegration where relevant, on the basis of mutual accountability and full respect of humanitarian and human rights obligations. Therefore, third countries' effective cooperation with the Union in this area should be an integral element in the general principles of this Regulation. An increased coherence between migration and development cooperation policies is important to ensureintegration after return where relevant in a conflict sensitive manner to avoid negative impacts on conflict dynamics. The cooperation should contribute to facilitate safe and regular migration, engagement with diaspora, financial intermediaries and programmes enhancing thate development assistance supports partner countries to manage migration more effectively. This Regulation should contribute to a coordinated, holistic and structured approach to migration, maximising the synergies and applying the necessary leverageimpact of remittances. Such cooperation should be based on mutual accountability, with full respect of humanitarian and human rights obligations.
Amendment 533 #
2018/0243(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should enable the Union to respond to challenges, needs and opportunities related to migration, in complementarity with Union migration and development policyies. To contribute to that end, and without prejudice to unforeseen circumstances, 10in order to maximise the contribution of migration to development, a maximum of 5% of its financial envelope is expected to be dedicated to addressing the root causes of irregularforced migration and forced displacement and to supporting migration management andthe development of safe and regular pathways for migration and supporting migration governance including the protection of refugees and migrants' rights within the objectives of this Regulation.
Amendment 537 #
2018/0243(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union should apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, financial assistance, budget support, trust funds, financial instruments and budgetary guarantees, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in Member States and third countries, as the respect for the rule of law is essential for sound financial management and effective EU funding.
Amendment 542 #
2018/0243(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The new European Fund for Sustainable Development Plus (‘EFSD+’), building on its successful predecessor, the EFSD70 , should constitute an integrated financial package supplying financing capacity in the form of grants, budgetary guarantees and financial instruments worldwide. The EFSD+ should support the External Investment Plan and combine blending and budgetary guarantee operations covered by the External Action Guarantee, including those covering sovereign risks associated with lending operations, previously carried out under the external lending mandate to the European Investment Bank. Given its role under the Treaties and its experience over the last decades in supporting Union policies, the European Investment Bank should remain a natural partner for the Commission for the implementation of operations under the External Action Guarantee. _________________ 70 Regulation (EU) 2017/1601 of the European Parliament and of the Council of 26 September 2017 establishing the European Fund for Sustainable Development (EFSD), the EFSD Guarantee and the EFSD Guarantee Fund.
Amendment 544 #
2018/0243(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The EFSD+ should aim at supporting investments as a means of contributing to the achievement of the Sustainable Development Goals by fostering sustainable and inclusive economic and social development and promoting the socio-economic resilience in partner countries with a particular focus on the eradication of poverty, sustainable and inclusive growthpromotion of peaceful, just and inclusive societies sustainable and inclusive growth, tackling climate change through mitigation and adaptation, environmental degradation, the creation of decent jobs, economic opportunities, skills and entrepreneurship, socioeconomic sectors, cooperatives, micro, small and medium-sized enterprises as well and thus addressing specific socioeconomic root causes of irregularforced migration and displacement, in accordance with the relevant indicative programming documents. Special attention should be given to countries identified as experiencing fragility or conflict, Least Developed Countries and heavily indebted poor countries. Investments should be based on conflict analysis, focus on the root causes of conflict, fragility and instability, maximising the potential for fostering peace and minimising the risks of exacerbating conflicts.
Amendment 549 #
2018/0243(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The EFSD+ should maximise additionality of funding, address market failures and sub-optimal investment situations, deliver innovative products and ‘crowd-in’ private sector funds to optimize the contribution of private finance to local sustainable development. Involvement of the private sector in the Union’s cooperation with partner countries through the EFSD+ should yield measurable and additional development impact in full respect of the environment and local communities’ rights and livelihoods without distorting the local market and unfairly competing with local economic actors. It should be cost-effective based on mutual accountability and risk and cost sharing. The EFSD+ should operate as a ‘one-stop- shop’, receiving financing proposals from financial institutions and public or private investors and delivering a wide range of financial support to eligible investments.
Amendment 551 #
2018/0243(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) An External Action Guarantee should be established building on the existing EFSD Guarantee and the Guarantee Fund for external actions. The External Action Guarantee should support the EFSD+ operations covered by budgetary guarantees, macro-financial assistance and loans to third countries on the basis of Council Decision 77/270/Euratom71 . These operations should be supported by appropriations under this Regulation, together with those under Regulation (EU) No …/… (IPA III) and Regulation (EU) No …/… (EINS), which should also cover the provisioning and liabilities arising from macro-financial assistance loans and loans to third countries referred to in Article 10(2) of Regulation EINS, respectively. When funding EFSD+ operations, priority should be given to those which have a high impact on jobdecent job and livelihoods creation and whose cost-benefit ratio enhances the sustainability of investment. The operations supported with the External Action Guarantee should be accompanied by an in-depth ex ante assessment of environmental, financial and social aspects, as appropriate and in line with the better regulation requirements. , including the impact on rights and livelihoods of affected communities and in line with the better regulation requirements and taking due account of the principle of free and prior informed consent (FPIC) of affected communities in land-related investments. Ex-post impact assessments should measure the development impact of the EFSD+ operations. The External Action Guarantee should not be used to provide essential public services, which remains a government responsibility. _________________ 71 Council decision 77/270/EURATOM of 29 March 1977 empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations (OJ L 88, 6.4.1977, p. 9).
Amendment 553 #
2018/0243(COD)
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) In order to fulfil the political commitments of the Union on climate action, renewable energy and resource efficiency, a minimum share of 50 % of the financing under the Guarantee should be devoted to investments relevant for those sectors.
Amendment 556 #
2018/0243(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) External actions are often implemented in a highly volatile environment requiring continuous and rapid adaptation to the evolving needs of Union partners and to global challenges to human rights, democracy and good governance, security and stability, climate change and environment, oceans, and the migration crisis and its root causesconsequences of the larger number of people affected by global displacement. Reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes. To increase the ability of the EU to respond to unforeseen needs, building on the successful experience of the European Development Fund (EDF), an amount should be left unallocated as an emerging challenges and priorities cushion. It should be mobilised in accordance with the procedures established in this Regulation.
Amendment 558 #
2018/0243(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) Measures in the fields of counter- terrorism, organised crime, cyber security and military capacity building of military actors in third countries such as CBSD need to be planned and implemented in strict compliance with international humanitarian law and international human rights law in order to prevent violations of these obligations and damage to the Union’s security and reputation as a credible promoter of international law and a rules- based international system. It is indispensable to make extensive and systematic use of the existing “Operational Human Rights Guidance for EU external cooperation actions addressing Terrorism, Organised Crime and Cybersecurity. Integrating the Rights-Based Approach” for the policies listed above. This guidance is of particular importance as regards the prevention of torture and other cruel, inhuman or degrading treatment and respect for due process, including the presumption of innocence, the right to a fair trial and rights of defence. Measures in the policy areas mentioned above shall also be accompanied by appropriate risk assessment, monitoring and evaluation procedures. It is imperative to carefully monitor the implementation of the measures and to report regularly and publicly about it.
Amendment 564 #
2018/0243(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The references to Union instruments in Article 9 of Council Decision 2010/427/EU79 , which are replaced by this Regulation, should be read as references to this Regulation and the Commission should ensure that this Regulation is implemented in acHigh Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) should ensure overall political coordance with the role of the EEAS as provided in that Decision. _________________ 79 Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European Eination of the Union’s external action, ensuring the unity, consistency and effectiveness of the Union’s external Aaction Service (OJ L 201, 3.8.2010, p. 30), in particular through this Regulation.
Amendment 576 #
2018/0243(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
(8a) “poverty” shall mean all the areas in which people of either gender are deprived and perceived as incapacitated in different societies and local contexts. The core dimensions of poverty include economic, human, political, socio-cultural and protective capabilities.
Amendment 577 #
2018/0243(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 b (new)
Article 2 – paragraph 1 – point 8 b (new)
(8b) “gender sensitivity” shall mean acting with the aim of understanding and taking account of the societal and cultural factors involved in gender-based exclusion and discrimination in the most diverse spheres of public and private life;
Amendment 578 #
2018/0243(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 c (new)
Article 2 – paragraph 1 – point 8 c (new)
Amendment 579 #
2018/0243(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 d (new)
Article 2 – paragraph 1 – point 8 d (new)
(8d) “conflict sensitivity” shall mean acting with the understanding that any initiative conducted in a conflict-affected environment will interact with that conflict and that such interaction will have consequences that may have positive or negative effects. Conflict sensitivity means ensuring that, to the best of its abilities, EU actions (political, policy, external assistance) avoid having a negative impact and maximise the positive impact on conflict dynamics, thereby contributing to conflict prevention, structural stability and peace building.
Amendment 580 #
2018/0243(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 e (new)
Article 2 – paragraph 1 – point 8 e (new)
(8e) “Additionality” within the context of the EFSD + refers to the principle ensuring that support may not be aimed at replacing the support of a Member State, private funding or another Union financial intervention, as well as that it is aimed at addressing market failures and avoiding crowding out other public or private investments.
Amendment 582 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of this Regulation is to uphold and promote the Union’s values and, principles and fundamental interests worldwide in order to pursue the objectives and principles of the Union’s external action, as laid down in Article 3(5), Articles 8 and 21 of the Treaty on European Union. and Article 11 on the Treaty on the Functioning of the European Union, while respecting the policy framework for EU development cooperation as laid down in Article 208 of the Treaty on the Functioning of the European Union. The achievement of the Agenda 2030 for Sustainable Development and the implementation of the Paris Agreement on Climate Change constitute a central objective of this Regulation.
Amendment 587 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point a
Article 3 – paragraph 2 – subparagraph 1 – point a
(a) to support and foster dialogue and cooperation with third countries and regions in the Neighbourhood, in Sub- Saharan Africa, in Asia and the Pacific, and in the Americas and the Caribbean with the objective of achieving environmentally sustainable development, eradicating poverty and combating inequalities;
Amendment 593 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point b
Article 3 – paragraph 2 – subparagraph 1 – point b
(b) at global level, to consolidate and support democracy, rule of law and, human rights and gender equality, support civil society organisations, further stability and peace and address other global challenges including migration and mobility;including those defending women’s rights and further multilateralism, build peace, prevent conflict and promote just and inclusive societies, and address other global challenges including combatting climate change and environmental degradation.
Amendment 605 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – point c
Article 3 – paragraph 2 – subparagraph 1 – point c
(c) to respond rapidly to: situations of crisis, instability and conflict; resilience challenges and linking of humanitarian aid and development action; and foreign policy needs and priorities.
Amendment 613 #
2018/0243(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. At least 927% of the expenditure under this Regulation shall fulfil the criteria for Official Development Assistance, established by the Development Assistance Committee of the Organisation for Economic Cooperation and Development.
Amendment 637 #
2018/0243(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point a a (new)
Article 4 – paragraph 3 – subparagraph 1 – point a a (new)
(aa) Gender Equality and Women and Girls’ Empowerment;
Amendment 640 #
2018/0243(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1 – point c
Article 4 – paragraph 3 – subparagraph 1 – point c
(c) Stability and PeacePeace-building, Conflict Prevention and Stability;
Amendment 643 #
2018/0243(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1 – point a
Article 4 – paragraph 4 – subparagraph 1 – point a
(a) contribute to peace, stability and conflict prevention in situations of urgency, emerging crisis, crisis and post- crisis;
Amendment 648 #
2018/0243(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1 – point c
Article 4 – paragraph 4 – subparagraph 1 – point c
Amendment 651 #
2018/0243(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
Amendment 659 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The financial envelope for the implementation of this Regulation for the period 2021 – 2027 shall be EUR 89 20093 154 million in current prices.
Amendment 662 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a – introductory part
Article 6 – paragraph 2 – point a – introductory part
(a) EUR 68 071 100 million for geographic programmes:
Amendment 664 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a – indent 2
Article 6 – paragraph 2 – point a – indent 2
– Sub-Saharan Africa at least EUR 32 05 100 million,
Amendment 671 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b – introductory part
Article 6 – paragraph 2 – point b – introductory part
(b) EUR 7 013 600 million for thematic programmes:
Amendment 673 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b – indent 1
Article 6 – paragraph 2 – point b – indent 1
– Human Rights and Democracy at least EUR 1 53 000 million,
Amendment 676 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b – indent 1 a (new)
Article 6 – paragraph 2 – point b – indent 1 a (new)
- Gender Equality and Women and Girls’ Empowerment at least EUR 1 000 million,
Amendment 677 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b – indent 2
Article 6 – paragraph 2 – point b – indent 2
– Civil Society Organisations and Local Authorities at least EUR 1 52 800 million,
Amendment 679 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b – indent 3
Article 6 – paragraph 2 – point b – indent 3
– Peace-building, Conflict Prevention and Stability and Peacet least EUR 12 000 million,
Amendment 681 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b – indent 4
Article 6 – paragraph 2 – point b – indent 4
– Global Challenges at least EUR 3 05 800 million,
Amendment 682 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) EUR 4 000 million for rapid response actionsAt least EUR 6 100 million for rapid response actions of which at least 4 600 million for crisis response as specified in Article 4(4)(a) and Annex IV part 1 and at least 1 500 million to contribute to strengthening resilience of states, societies, communities and individuals and to linking humanitarian aid and development action as specified in Article 4(4)(b) and Annex IV part 2.
Amendment 683 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The emerging challenges and priorities cushion of an amount of EUR 10 2 300 million shall increase the amounts referred to in paragraph 2 in accordance with Article 15.
Amendment 686 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The financial envelope referred to in paragraph 2 (ab) shall correspond to at least 7514.6 % of the financial envelope referred to in paragraph 1.
Amendment 687 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. At least 20% of the Official Development Assistance funded under this Regulation, across all programmes, geographic and thematic, annually and over the duration of its actions should be ring-fenced for social inclusion and human development, in order to support and strengthen the provision of basic social services, such as health - including nutrition, education and social protection, particularly to the most marginalised including women and children.
Amendment 689 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4 b. At least 85% of the Official Development Assistance funded under this Regulation should have gender equality and women’s and girls’ rights and empowerment as a principal or significant objective, across all programmes, geographic and thematic, annually and over the duration of its actions.
Amendment 690 #
2018/0243(COD)
Proposal for a regulation
Article 6 – paragraph 4 c (new)
Article 6 – paragraph 4 c (new)
4 c. 50% of the overall financial envelope will be devoted to climate and environment related actions, including a 10 % target dedicated to biodiversity and a 10 % target dedicated to sustainable agriculture (targeting the support to small-scale farmers, crop diversification, agro-forestry and agro-ecological practices).
Amendment 692 #
2018/0243(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
The association agreements, partnership and cooperation agreements, multilateral agreements, relevant Union legislation and other agreements that establish a legally binding relationship with partner countries, as well as, United Nations resolutions, European Council conclusions and Council conclusions, summit declarations or conclusions of high-level meetings with partner countries, relevant European Parliament resolutions, EU guidelines on human rights, communications of the Commission or Joint communications of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, shall constitute the overall policy framework for the implementation of this Regulation. This policy framework shall include, inter alia, the EU Integrated Approach to External Conflicts and Crises, - the European Consensus on Development, - the Comprehensive approach to the EU implementation of the United Nations - Security Council Resolutions 1325 and 1820 on women, peace and security, - the Union Programme for the Prevention of Violent Conflicts - the Concept on Strengthening EU Mediation and Dialogue Capacities, - the EU-wide Strategic Framework to support Security Sector Reform (SSR), - the EU strategy against illicit firearms, small arms and light weapons (SALW) and their ammunition, -the EU Concept for Support to Disarmament, Demobilisation and Reintegration(DDR), - the EU Gender Action Plan, - the Addis Ababa Action Agenda - The 2030Agenda for Sustainable Development - the Paris Agreement on Climate Change - the New Urban Agenda - development effectiveness principles agreed in the Global Partnership for Effective Development Cooperation (GPEDC) during the Busan High Level Forum on Aid Effectiveness in 2011 and renewed during the High-Level Meeting in Nairobi in 2016 - the UN guiding principles for business and human rights - the OECD guidelines for multinational entreprises - the UN Convention on the Rights of Persons with Disabilities - the Refugee Convention- the Convention on the Elimination of All Forms of Discrimination against Women. - the outcomes of the Beijing Platform for Action and the Programme of Action of the International Conference on Population and Development (ICPD) -the Maastricht Principles on Extraterritorial Obligation of States in the area of Economic, Social and Cultural Rights - the UNCTAD Roadmap towards Sustainable Sovereign Debt Workouts (April 2015) - the Guiding Principles on Foreign Debt and Human Rights drawn up by the Office of the UN High Commissioner for Human Rights - the Global Compact on Refugees - the Global Compact on Safe, Orderly and Regular Migration, adopted in Marrakech on December 10th 2018.
Amendment 700 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Union shall seek to promote, develop and consolidate the principles of democracy, the rule of law and respect for human rights and fundamental freedoms on which it is founded, mainly through dialogue and cooperation with partner countries and regions, strengthening the protection, promotion, implementation and monitoring of these principles and rights through support to relevant civil society organisations, human rights defenders and victims of repression and abuse.
Amendment 704 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. A rights-based approach encompassing all human rights, whether civil and political or economic, social and cultural shall be applied in order to integrate human rights principles, to support the right holders in claiming their rights with a focus on poorer and more vulnerable groups and to assist partner countries in implementing their international human rights obligations. This Regulation shall promote gender equality and women’s empowermentrights and empowerment, including sexual and reproductive health and rights.
Amendment 715 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
Cooperation between the Union and the Member States, on the one hand, and partner countries, on the other hand, shall be based on and shall promote the development effectiveness principles, where applicable, namely: ownership of development priorities by partner countries, alignment to their priorities, a focus on results, inclusive development partnerships, transparency and mutual accountability. The Union shall promote effective and efficient resource mobilisation and use.
Amendment 718 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Programmes and actions under this Regulation shall mainstream climate change, environmental protection, disaster risk reduction and preparedness and gender equality and shall address interlinkages between Sustainable Development Goals, to promote integrated actions that can create co-benefits and meet multiple objectives in a coherent way. These programmes and actions shall be based on an analysis of capacities, risks and vulnerabilities, integrate a people and community centred resilience approach and be conflict sensitive. They shall be guided by the principle of leaving no one behind. The following cross-cutting issues shall be included, where appropriate, including in programming: (a) climate change and environmental protection (b) promotion of democracy and good governance (c) human rights and humanitarian law (d) non-discrimination (e) gender equality and empowerment of women (f) conflict prevention and peace-building.
Amendment 726 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 729 #
2018/0243(COD)
Proposal for a regulation
Article 8 – paragraph 7 a (new)
Article 8 – paragraph 7 a (new)
7 a. Any equipment, service or technology supplied under this Regulation shall be subject to strict transfer controls and comply with the eight criteria of Common Position 944/2008/CFSP, the Dual-Use Regulation and any EU restrictive measures in force. In accordance with the EU Regulation on Products used for Capital Punishment and Torture, this Regulation shall not be used to finance the provision of any type of equipment that can be used for torture, mistreatment or other human rights violations.
Amendment 734 #
Amendment 777 #
2018/0243(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 789 #
2018/0243(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) the Human Rights and Democracy, the Gender Equality and Women and Girls’ Empowerment, Peace-building, Conflict Prevention and Stability and Civil Society thematic programmes referred to in Article 4(3)(a), (b) and (bc) shall provide assistance independently of the consent of governments and other public authorities of the third countries concerned. These Human Rights and Democracy and the Civil Society thematic programmes shall mainly support civil society organisations.
Amendment 791 #
2018/0243(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Programming shall be based on a dialogue between the Union, the Member States and the partner countries concerned, including national and local authorities, involving civil society, national and local parliaments and other stakeholders, with regular and meaningful consultations.
Amendment 800 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) the partners’ needs, established on the basis of specific criteria, taking into account the population, poverty, inequality, human development, gender equality, economic and environmental vulnerability, and statepeople’s, community and societal resilience;
Amendment 803 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
(c) the partners’ commitments and performance, established on the basis of criteria such as political reform, the fight against corruption, protection and promotion of human rights. environmental sustainability and economic and social development;
Amendment 805 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(d a) the potential impact of Union funding on gender equality;
Amendment 807 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point e
Article 11 – paragraph 2 – point e
(e) the partner's capacity and commitment to promote shared interests and values, and to support common goals and multilateral alliances, as well as the advancement of Union priorities, as laid down in Article 21 of the TEU, shared values, principles and fundamental interests, and to support common goals and multilateralism.
Amendment 810 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Cooperation with industrialised countries shall focus on the promotion of Union and mutual interestsachievement of commonly agreed objectives and on the promotion of Union values, principles and fundamental interests as laid down in article 21 of the Treaty of the European Union.
Amendment 812 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Programming documents for geographic programmes shall be results- based and shall take into account, where appropriate, internationally agreed targets and indicators, in particular those set out for the Sustainable Development Goals, as well as country-level result frameworks, to assess and communicate the Union contribution to results, at the level of outputs, outcomes and impact.
Amendment 817 #
2018/0243(COD)
Proposal for a regulation
Article 11 – paragraph 6 – subparagraph 1
Article 11 – paragraph 6 – subparagraph 1
When drawing up the programming documents for countries and regions in crisis, or post-crisis, fragile and vulnerable situations, due account shall be taken of the special needs and circumstances of the countries or regions concerned, including through the use of joint conflict analyses and people centred approaches.
Amendment 830 #
2018/0243(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) a joint document between the Union and the concerned partner or partners setting out common priorities and based on impact assessments in line with the objectives of this Regulation.
Amendment 835 #
2018/0243(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Multiannual indicative programmes for thematic programmes shall set out the Union's strategy, the priorities selected for financing by the Union, the specific objectives, the expected results, impact assessment, clear and specific performance indicators, and the international situation and the activities of the main partners for the theme concerned.
Amendment 843 #
2018/0243(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. On duly justified imperative grounds of urgency, such as crises or immediate threats to peace, democracy, the rule of law, human rights or fundamental freedoms, the Commission may amend multiannual indicative programmes referred to in Articles 12 and 13 of this Regulation by implementing acts adopted in accordance with the urgency procedure referred to in Article 35(4).
Amendment 844 #
2018/0243(COD)
Proposal for a regulation
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1. The use of the emerging challenges and priority cushion shall be conflict-sensitive, gender sensitive, people-centred and take a do-no-harm approach.
Amendment 848 #
2018/0243(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) to address new needs or emerging challenges, such as those at the Union’s or its neighbours’ borders linked to crisis and post-crisis situations or migratory pressure;
Amendment 860 #
2018/0243(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) needs, using indicators such as population and, level of development and gender equality indicators;
Amendment 864 #
2018/0243(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point b
Article 16 – paragraph 2 – point b
(b) commitment to and progress in implementing jointly agreed political, economic, environmental and social reform objectives;
Amendment 866 #
2018/0243(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point c
Article 16 – paragraph 2 – point c
(c) commitment to and progress in building deep and sustainable democracypeace and democracy and fighting against corruption;
Amendment 874 #
2018/0243(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 885 #
2018/0243(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The performance-based approach shall not apply to support to civil society, people-to-people contacts, including cooperation between local authorities, support for the improvement of human rights, or crisis-related support measures. In the event of serious or persistent degradation of peace, democracy, human rights or rule of law, support will be reallocated or refocused for increased support to these actions may be increasedset out in this article.
Amendment 888 #
2018/0243(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2 a. The performance-based approach under this Regulation shall be subject of a regular exchange of views in the European Parliament and in the Council.
Amendment 899 #
2018/0243(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall adopt annual or multiannual action plans or measures. The measures may take the form of individual measures, special measures, support measures or exceptional assistance measures. Action plans and measures shall specify for each action the objectives pursued, the expected results and main activities, the methods and partners of implementation, the budget and any associated support expenditures and the way in which the annual or multiannual actions plans or measures contribute towards the objectives of this Regulation.
Amendment 903 #
2018/0243(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Annual or multiannual action plans and individual measures may be used to implement rapid response actions referred to in Article 4(4)(b) and (c).
Amendment 905 #
2018/0243(COD)
Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 3
Article 19 – paragraph 4 – subparagraph 3
In cases of protracted crisis and conflict, the Commission may adopt a second exceptional assistance measure of a duration of up to 18 months. In duly justified cases furWithin three weeks following the adoption of exceptional assistance measures the Commission shall report to the Council and to the European Parliament by giving an overview of the nature of ther measures may be adopted where the continuity of the Union’s action is essential and cannot be ensured by other means. adopted, its duration, budget and its context. The Commission shall also indicate whether, to what extent and how, it will ensure the continuity of the policy implemented by the exceptional assistance by medium and long term instruments under this Regulation;
Amendment 906 #
2018/0243(COD)
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4 a. The Commission is empowered to adopt delegated acts in accordance with Article 34 in order to adopt the above- mentioned annual or multiannual action plans;
Amendment 907 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Action plans and mshall be adopted by means of delegated acts adopted in accordance with the procedure referred to in Article 34(6). Measures shall be adopted by means of implementing acts adopted in accordance with the examination procedure referred to in Article 35 (2). Information communicated to the European Parliament shall comprise details about the source of the financial allocation, including in the case of carryovers and re- commitments.
Amendment 910 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point a
Article 21 – paragraph 2 – subparagraph 1 – point a
(a) action plans, individual measures and support measures, for which the Union's funding does not exceed EUR 105 million;
Amendment 911 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1 – point b
Article 21 – paragraph 2 – subparagraph 1 – point b
(b) special measures as well as action plans and measures adopted in order to implement rapid response actions for which the Union's funding does not exceed EUR 210 million;
Amendment 913 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 1
Article 21 – paragraph 3 – subparagraph 1
Before the adoption or extension of exceptional assistance measures not exceeding EUR 20 million, the Commission shall inform the Council and the European Parliament of their nature and objectives and of the financial amounts envisaged. The Commission shall inform the Council and the European Parliament before making significant substantive changes to exceptional assistance measures already adopted. The Commission shall take account of the relevant policy approach of the Council for the planning and subsequent implementation of such measures, in the interests of consistency of the Union's external action.
Amendment 915 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 918 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4 a. Six months prior to the end of an individual or exceptional measure for rapid response actions, and in the case of ongoing and unmet needs, the Commission shall inform the European Parliament and the Council on the steps taken to carry on or build on the action by integration the response into the longer term programming under the geographic or thematic programmes or explaining by which other means needs will be addressed.
Amendment 919 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
Appropriate environmental screening, including for climate change and biodiversity impacts, shall be undertaken at the level of actions, in accordance with the applicable legislative acts of the Union, including Directive 2011/92/EU82 of the European Parliament and of the Council and Council Directive 85/337/EEC83 , comprising, where applicable, an environmental impact assessment for environmentally sensitive actions, in particular for major new infrastructure. Additionally, ex-ante human rights, social and labour impact assessments will be executed. The Commission will ensure that necessary due diligence in these sectors has been carried out before the action starts Where exceptional assistance measures relate to conflict related crises and threats to peace, conflict analysis and risk assessments should be conducted to ensure positive impact and effectiveness of that assistance. The Commission will ensure that the necessary due diligence has been carried out before the action starts. _________________ 82 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification) (OJ L 26 28.1.2012. p.1). 83 Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ L 175, 05.07.1985. p. 0040 – 0048).
Amendment 924 #
2018/0243(COD)
Proposal for a regulation
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
Where relevant, strategic environmental assessments or assessments on social, labour or risk effects shall be used in the implementation of sectoral programmes. The involvement of interested stakeholders in environmental, social, labour or risk assessments and public access to the results of such assessments shall be ensured.
Amendment 928 #
2018/0243(COD)
Proposal for a regulation
Article 22 – paragraph 7 – point e
Article 22 – paragraph 7 – point e
(e) contributions to the cost of the countries' participation in Union programmes and actions implemented by Union agencies and bodies, as well as bodies or persons entrusted with implementation of specific actions in the Common Foreign and Security Policy pursuant to Title V of the Treaty on European Union;
Amendment 929 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
Amendment 931 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point -a (new)
Article 23 – paragraph 3 – subparagraph 1 – point -a (new)
(-a) low-value grants to human rights defenders and to mechanisms for the protection of human rights defenders at risk, to finance urgent protection actions, where appropriate without the need for co-financing;
Amendment 932 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point a
Article 23 – paragraph 3 – subparagraph 1 – point a
(a) low-value grants to human rights defenders to finance urgent protec, mediators and other civil society actors, including those involved in crisis and armed conflict related dialogue, reconciliation and peace-building to finance urgent protection and, among others, conflict resolution actions, where appropriate without the need for co- financing;
Amendment 933 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point b
Article 23 – paragraph 3 – subparagraph 1 – point b
(b) grants, where appropriate without the need for co-financing, to finance actions in the most difficult conditions where the publication of a call for proposals would be inappropriate including situations where there is a serious lack of fundamental freedoms, escalation of crisis, armed conflict where human security is most at risk or where human rights organisations, and defenders, mediators and other civil society actors involved in crisis and armed conflict related dialogue, reconciliation and peace-building operate under the most difficult conditions. Such grants shall not exceed EUR 1 000 000 and shall have a duration of up to 18 months, which may be extended by a further 12 months in the event of objective and unforeseen obstacles to their implementation;
Amendment 936 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1 – point c a (new)
Article 23 – paragraph 3 – subparagraph 1 – point c a (new)
(c a) Small projects as described in article 23a (new)
Amendment 940 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
Budget support as referred to in point (c) of paragraph 1, including through sector reform performance contracts, shall be based on country ownership, mutual accountability and shared commitments to universal values, democracy, human rights, the rule of law, and aims at strengthening partnerships between the Union and partner countries. It shall include reinforced policy dialogue, capacity development, and improved governance, including budget monitoring by civil society, complementing partners' efforts to collect more and spend better in order to support sustainable and inclusive economic growth and jobs and poverty eradication.
Amendment 943 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 3
Article 23 – paragraph 3 – subparagraph 3
Any decision to provide budget support shall be based on budget support policies agreed by the Union, gender budgeting, a clear set of eligibility criteria and a careful assessment of the risks and benefits.
Amendment 948 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 6 – subparagraph 1
Article 23 – paragraph 6 – subparagraph 1
Financial instruments under this Regulation may take forms such as loans, guarantees, equity or quasi-equity, investments or participations, and risk- sharing instruments, whenever possible and in accordance with the principles laid down in Article 209(1) of the Financial Regulation under the lead of the EIB, a multilateral European finance institution, such as the European Bank for Reconstruction and Development or the EIB, or a bilateral European finance institution, such as bilateral development banks, possibly pooled with additional other forms of financial support, both from Member States and third parties.
Amendment 949 #
2018/0243(COD)
Proposal for a regulation
Article 23 – paragraph 7 a (new)
Article 23 – paragraph 7 a (new)
7 a. The Commission and the EEAS shall not enter into new or renewed operations with entities incorporated or established in jurisdictions listed under the relevant Union policy on non- cooperative jurisdictions, or that are identified as high risk third countries pursuant to Article 9(2) of Directive(EU) 2015/849 of the European Parliament and of the Council, or that do not effectively comply with Union or internationally agreed tax standards on transparency and exchange of information.
Amendment 951 #
2018/0243(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Small projects' fund 1. A small projects fund is an operation aimed at the selection and implementation of projects of limited financial volume . 2. The beneficiary of a small project fund shall be civil society organisations. 3. The final recipients within a small project fund shall receive support from this Regulation, through the beneficiary, and implement the small projects within that small project fund (‘small project’). 4. Where the public contribution to a small project does not exceed EUR 100 000, it shall take the form of unit costs or lump sums or include flat rates.
Amendment 952 #
2018/0243(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23 b Suspension of Union assistance 1. Where a beneficiary fails to respect the principle of democracy, the rule of law, human rights, fundamental freedoms and the nuclear safety standards, the Commission shall be empowered, in accordance with Article 34, to adopt delegated acts amending Annex VIII by adding a partner country to the list of partner countries for which Union assistance is suspended or partly suspended. In the event of a partial suspension, the programmes for which the suspension applies shall be indicated. 2. Where the Commission finds that the reasons justifying the suspension of assistance no longer apply, it shall be empowered to adopt delegated acts, in accordance with Article 34, to amend Annex VIII in order to reinstate Union assistance. 3.In cases of suspension, Union assistance shall primarily be used to support civil society organisations and non state actors for measures aimed at promoting human rights and fundamental freedoms and supporting democratisation and dialogue processes in partner countries.
Amendment 953 #
2018/0243(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Without prejudice to the limitations inherent to the nature and objectives of the action, participation in procurement, grant and prize award procedures for actions financed under the Human Rights and Democracy, Gender equality and Women and Girls’ Empowerment and Civil Society Organisations, Peace-building, Conflict Prevention and Stability and Peace programmes as well as rapid response actions, shall be open without limitations.
Amendment 954 #
2018/0243(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 955 #
2018/0243(COD)
Proposal for a regulation
Article 24 – paragraph 11
Article 24 – paragraph 11
11. In order to promote local capacities, markets and purchases, priority shall be given to local and regional contractors, in particular contractors with a track record in environmental sustainability or fair trade when the Financial Regulation provides for an award on the basis of a single tender. In all other cases, participation of local and regional contractors shall be promoted in accordance with the relevant provisions of that Regulation. In all cases sustainability criteria should be applied.
Amendment 960 #
2018/0243(COD)
Proposal for a regulation
Article 24 – paragraph 12
Article 24 – paragraph 12
12. Under the Democracy and Human Rights programme, Peace-building, Conflict Prevention and Stability and the Gender equality and Women and Girls’ Empowerment programmes, and rapid response actions, any entity not covered under the definition of legal entity in Article 2(6) shall be eligible when this is necessary to pursue the areas of intervention of this programme.
Amendment 973 #
2018/0243(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
The purpose of the EFSD+ as an integrated financial package supplying financial capacity drawing on the methods of implementation set up in Article 23(1)(a), (e), (f) and (g), shall be to support investments and increase access to financing, in order to foster sustainable and inclusive economic and social development and promote the socio-economic and environmental resilience in partner countries with a particular focus on the, eradication of povertyclimate change adaptation and mitigation, eradication of poverty, women’s economic empowerment, sustainable and inclusive growth, the creation of decent jobs, economic opportunities, skills and entrepreneurship, socioeconomic sectors, cooperatives, micro, small and medium- sized enterprises as well as addressing specific socioeconomic root causes of irregular migration, in accordance with the relevant indicative programming documents. Special attention shall be given to countries identified as experiencing fragility or conflict, Least Developed Countries and heavily indebted poor countries.Preference shall be given to local economic actors. EFSD+ shall not be used to replace government responsibility for providing essential public services.
Amendment 985 #
2018/0243(COD)
Proposal for a regulation
Article 26 – paragraph 4 – subparagraph 1
Article 26 – paragraph 4 – subparagraph 1
The provisioning rate shall range between 9% and 50% depending on the type of operations. A maximum amount of EUR 10 billion shall be provisioned from the EU budget through a specific budget line in the framework of the annual budgetary procedure or through a budget transfer.
Amendment 990 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The financing and investment operations eligible for support through the External Action Guarantee shall be consistent and aligned with Union policies, as well as with the partner countries’ strategies and policies. They shall in particular support the objectives, general principles and policy framework of this Regulation and the relevant indicative programming documents, with due regard to the priority areas laid down in Annex V.
Amendment 992 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point -a (new)
Article 27 – paragraph 2 – point -a (new)
(-a) contribute to sustainable development in its economic, social and environmental dimensions, and to the implementation of the 2030 Agenda and, where appropriate, the European Neighbourhood Policy, with a particular focus on the eradication of poverty, the creation of decent jobs, economic opportunities, skills and entrepreneurship, promoting in particular gender equality and the empowerment of women and young people, while pursuing and strengthening the rule of law, good governance and human rights;
Amendment 993 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point –a a (new)
Article 27 – paragraph 2 – point –a a (new)
(-a a) provide financial and development additionality;
Amendment 994 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point –a b (new)
Article 27 – paragraph 2 – point –a b (new)
(-a b) undergo a publicly available participatory ex ante human rights, social, labour and environmental impact assessment identifying and addressing risks in those fields and taking due account of the principle of free and prior informed consent (FPIC) of affected communities in land related investments;
Amendment 996 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point b a (new)
Article 27 – paragraph 2 – point b a (new)
(b a) respect the development effectiveness principles as set out in the Busan Partnership for Effective Development Cooperation and reaffirmed in Nairobi in 2016, including ownership, focus on results, transparency and mutual accountability, as well as the objective of untying aid;
Amendment 998 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point c a (new)
Article 27 – paragraph 2 – point c a (new)
(c a) contribute to climate action and environmental protection and management, thus producing climate co- benefits, allocating at least 50% of the financing to investments that contribute to climate action, renewable energy and resource efficiency;
Amendment 1004 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point c b (new)
Article 27 – paragraph 2 – point c b (new)
(c b) target areas with clear market failures, channel private capital into investment gaps and focus on risk areas that fail to attract purely private investment;
Amendment 1007 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point c c (new)
Article 27 – paragraph 2 – point c c (new)
(c c) are implemented in full respect of the Human Rights conventions, the OECD Guidelines for Multi-National Enterprises, the UN Guiding Principles on Business and Human Rights, the ILO conventions and standards, the UN Convention on the Elimination of All Forms of Discrimination Against Women, the Maastricht Principles on the Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights and the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security and the FAO Principles for Responsible Investment in Agriculture and Food Systems;
Amendment 1014 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 5 – subparagraph 1
Article 27 – paragraph 5 – subparagraph 1
Eligible counterparts shall comply with the rules and conditions provided for in Article 62(2)(c) of the Financial Regulation. In the case of bodies governed by the private law of a Member State or a third country which have contributed to the External Action Guarantee in accordance with Article 28 of this Regulation, preference shall be given to those bodies that disclose information related to environment, social and corporate governance criteria. In their financing and investment operations, the eligible counterparts shall comply with applicable Union law and agreed international and Union standards and, therefore, shall not support projects under this Regulation that contribute to money laundering, terrorism financing, tax avoidance, tax fraud and tax evasion, or promotion of fossil fuels. In addition, the eligible counterparts shall not enter into new or renewed operations with entities incorporated or established in jurisdictions listed under the relevant Union policy on non-cooperative jurisdictions, or that are identified as high risk third countries pursuant to Article 9(2) of Directive (EU) 2015/849 of the European Parliament and of the Council, or that do not effectively comply with Union or internationally agreed tax standards on transparency and exchange of information.
Amendment 1018 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 6 – point d a (new)
Article 27 – paragraph 6 – point d a (new)
(d a) the principles of fair and open tender procedures.
Amendment 1020 #
2018/0243(COD)
Proposal for a regulation
Article 27 – paragraph 8
Article 27 – paragraph 8
8. The Commission shall assess the operations supported by the External Action Guarantee against the eligibility criteria set out in paragraphs 2 and 3, where possible drawing on the existing result measurement systems of eligible counterparts. The Commission shall publish the result of. The Commission shall establish and make public a scoreboard of indicators to be used by implementing partners for the selection of projects and by the European Commission to check the due diligence around project selection, to ensure an independent and transparent assessment of the potential and actual use of the EU guarantee inline with criteria listed in 27.2. The Commission shall publish the result of all guarantee tools and individual projects under its assessment for each investment window on an annual basis.
Amendment 1023 #
2018/0243(COD)
Proposal for a regulation
Article 29 – paragraph 3 – point c
Article 29 – paragraph 3 – point c
(c) a mention of the objectives and purpose of this Regulation, a needs assessment, an impact assessment and an indication of the expected results, taking into account the promotion of corporate social responsibility andneed to ensure a responsible business conduct;
Amendment 1024 #
2018/0243(COD)
Proposal for a regulation
Article 29 – paragraph 3 – point g
Article 29 – paragraph 3 – point g
(g) monitoring, including indicators disaggregated by gender, reporting and evaluation obligations;
Amendment 1025 #
2018/0243(COD)
Proposal for a regulation
Article 29 – paragraph 3 – point g a (new)
Article 29 – paragraph 3 – point g a (new)
(g a) a clear procedure for the European Commission to make a quality check on the due diligence carried out by implementing partners at individual project level, including regarding ex ante human rights, social and labour, environmental impact assessment, and to ask for clarification and adjustments to the implementing partners;
Amendment 1028 #
2018/0243(COD)
Proposal for a regulation
Article 29 – paragraph 7
Article 29 – paragraph 7
7. The eligible counterparts shall, upon request, provide the Commission with any additional information necessary to fulfil the Commission’s obligations in relation to this Regulation, in particular with regard to the implementation of recommendations from the ex-ante human rights, social, labour and environment impact assessment and other selection criteria listed in Article 27.
Amendment 1029 #
2018/0243(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Grievance and redress mechanism The European Commission shall establish an EU centralised Grievance Mechanism for all projects pursuant to chapter IV of this regulation. This grievance mechanism shall be open directly to stakeholders affected by operations, and by stakeholders dissatisfied with how their complaints are addressed by the grievance mechanisms of the counterparts.
Amendment 1036 #
2018/0243(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The annual report shall contain information relating to the previous year on the measures fininclude information on performance in respecting the targets established in Article 3.3 regarding 97% Official Development Assistanced, the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the implementation of budgetary commitments and of payment appropriations broken down by country, region and cooperation sectorArticle 6.4 on human development and social inclusion, climate change and environment and gender equality and women’s and girls’ empowerment, including an annual estimate of the overall spending for these areas using relevant markers and indicators. The report shall include an assessment of progress made regarding the incorporation of cross-cutting issues as mentioned in Article 8.6. It shall assess the results of the Union funding using, as far as possible, specific and measurable indicators of its role in meeting the objectives of this Regulation. In the case of development cooperation, the report shall also assess, where possible and relevant, the adherence to development effectiveness principles and the additionality of spending, including for innovative financial instruments.
Amendment 1038 #
2018/0243(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The annual report prepared in 2021 shall contain consolidated information from annual reports concerning the period from 2014 to 2020 on all funding from the Regulations referred to in Article 40(2), including external assigned revenues and contributions to trust funds, and offering a breakdown of spending by country, use of financial instruments, commitments and payments. The report shall reflect the main lessons learnt and the follow-up to the recommendations of the external evaluative exercises carried out in previous years. It shall include an assessment of the level of staff capacity at the headquarters and EU delegations level for the delivery of all objectives covered in this Regulation.
Amendment 1041 #
2018/0243(COD)
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
8. The Commission shall make available information on development co- operation through recognised international standards using the framework for a common standard developed by the International Aid Transparency Initiative.
Amendment 1042 #
2018/0243(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
An interim evaluation of this Regulation shall be performed once there is sufficient information available about its implementation, but no later than four years after the start of the implementation of the instrument. The interim evaluation shall also assess the functioning of the simplified and streamlined architecture of the EFIs against the objectives of the Union’s underlying policies and the principles of transparency, accountability, efficiency, coherence and flexibility of EU funds for external action.
Amendment 1045 #
2018/0243(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Amendment 1046 #
2018/0243(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 1
Article 32 – paragraph 2 – subparagraph 1
At the end of the implementation of the Regulation, but no later than fourtwo years after the end of the period specified in Article 1, a final evaluation of the Regulation shall be carried out by the Commission. This evaluation shall look at the Union contribution to the achievement of the objectives of this Regulation, taking into account indicators measuring the results delivered and any findings and conclusions concerning the impact of this Regulation. The final evaluation report shall be gender responsive and include a chapter on gender equality.
Amendment 1048 #
2018/0243(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 2
Article 32 – paragraph 2 – subparagraph 2
The final evaluation report shall also address efficiency, the added value, the scope for simplification, internal and external coherencefunctioning of the simplified and streamlined architecture, internal and external coherence, an assessment of the compliance with policy coherence for development, and the continued relevance of the objectives of this Regulation.
Amendment 1050 #
2018/0243(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 4
Article 32 – paragraph 2 – subparagraph 4
The final evaluation report shall also contain consolidated information from relevant annual reports on all funding governed by this Regulation, including external assigned revenues and contributions to trust funds offering a breakdown of spending by pillar of the regulation, beneficiary country, use of financial instruments, commitments and payments
Amendment 1052 #
2018/0243(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In duly justified cases and where the action to be implemented is of a global, trans-regional or regional nature or answers an unforeseen foreign policy priority, the Commission may decide, within the relevant multiannual indicative programmes or within the relevant action plans or measures to extend the scope of actions to countries and territories not covered by this Regulation pursuant to Article 4 in order to ensure the coherence and effectiveness of Union financing or to foster regional or trans-regional cooperation.
Amendment 1055 #
2018/0243(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(6), Article 19.4(a), Article 23 b (new), Article 26(3), Article 27(9) and Article 31(9) shall be conferred on the Commission for the period of validity of this Regulation.
Amendment 1058 #
2018/0243(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2 a. The Commission shall publish on its web-portal information on financing and investment operations, including at individual and project level and the essential elements of all EFSD+ guarantee agreements, including information on the legal identity of eligible counterparts, expected development benefits and complaints procedures, taking into account the protection of confidential and commercially sensitive information.
Amendment 1059 #
2018/0243(COD)
Proposal for a regulation
Article 36 – paragraph 2 b (new)
Article 36 – paragraph 2 b (new)
2 b. In accordance with their transparency policies and Union rules on data protection and on access to documents and information, eligible EFSD+ counterparts shall proactively and systematically make publicly available on their websites information relating to all financing and investment operations covered by the External Action Guarantee, relating in particular to the manner in which those operations contribute to the achievement of the objectives and requirements of this Regulation. Such information shall be broken down at project level. Such information shall always take into account the protection of confidential and commercially sensitive information. Eligible counter parts shall also publicise Union support in all information which they publish on financing and investment operations covered by the External Action Guarantee in accordance with this Regulation.
Amendment 1060 #
2018/0243(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
This Regulation shall apply in accordance with Decision 2010/427/EUe High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) shall ensure overall political coordination of the Union’s external action, in particular through this Regulation.
Amendment 1061 #
2018/0243(COD)
Proposal for a regulation
Annex I – paragraph 16 a (new)
Annex I – paragraph 16 a (new)
The non-self governing territory of Western Sahara
Amendment 1065 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 1 – point a
Annex II – part A – point 1 – point a
(a) Strengthening democracy and democratic processes, governance and oversight, including transparent, peaceful and credible electoral processes;
Amendment 1066 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 1 – point b
Annex II – part A – point 1 – point b
(b) Strengthening the protectionmotion, protection and fulfilment of human rights and fundamental freedoms; peace, democracy and the rule of law, and related international instruments, also by contributing to the implementation of global and regional covenants and frameworks;
Amendment 1076 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 1 – point d
Annex II – part A – point 1 – point d
(d) Supporting a thriving civil society and its role in reform processes and democratic transformations, and promoting an enabling space for civil society and citizens' engagement in and scrutiny of political decision- making;
Amendment 1078 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 1 – point g
Annex II – part A – point 1 – point g
(g) Strengthening the development of democratic public institutions at international, national and sub-national levels, including an independent, effective, efficient and accountable judicial system, the promotion of rule of law, and access to justice for all;
Amendment 1083 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 1 – point j
Annex II – part A – point 1 – point j
(j) Increasing transparency and accountability of public institutions, strengthening public procurementincluding of the armed forces and secret services, strengthening public procurement including encouraging the development of sustainable criteria and public finance management, developing eGovernment and strengthening service delivery;
Amendment 1084 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 1 – point k a (new)
Annex II – part A – point 1 – point k a (new)
(k a) promoting parliamentary democracy
Amendment 1085 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point a
Annex II – part A – point 2 – point a
(a) Eradicating poverty in all its dimensions, tackling discrimination and inequalities and, leaving no-one behind; and reaching the furthest behind first, by prioritising investments in public services on health, nutrition, education and social protection;
Amendment 1091 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point c
Annex II – part A – point 2 – point c
(c) Promoting the protection and fulfilment of women's and girls' rights, including economic, labour and social rights, and sexual and reproductive health and rights, and preventing and protecting them from sexual and gender-based violence in all forms; including promoting access to all to comprehensive sexual and reproductive health information and comprehensive sexuality education; promoting cooperation in research and innovation for new and improved tools for sexual and reproductive healthcare including family planning, particularly in low resource settings;
Amendment 1095 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point e
Annex II – part A – point 2 – point e
(e) Promoting an integrated approach to supporting communities, particularly the poorest, in improving universal access to basic needs and services;
Amendment 1096 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point f
Annex II – part A – point 2 – point f
(f) SGiving children, particularly the most marginalised, the best start in life by investing in early childhood development and ensure that children experiencing poverty or inequality have access to basic services such as health, nutrition, education and social protection; supporting the provision of a safe, nurturing environment for children as an important element for fostering a healthy young population able to reach its full potential paying special attention to the needs of girls;
Amendment 1102 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point g
Annex II – part A – point 2 – point g
(g) Supporting universal access to sufficient, affordable, safe and nutritious food, particularly for those in the most vulnerable situations, and strengthening food security and nutrition, particularly in countries facing protracted or recurrent crisesinter alia children under the age of five, adolescents, girls and women, particularly during pregnancy and breastfeeding, and strengthening food security and nutrition, particularly in countries facing protracted or recurrent crises and fostering multi- sectoral nutrition-sensitive approaches to agriculture, women’s and girls’ rights and empowerment, health, social protection and education;
Amendment 1104 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point h
Annex II – part A – point 2 – point h
(h) Supporting universal access to safe and sufficient drinking water sanitation, and hygiene, and sustainable and integrated water management as key determinants of health, education, nutrition, climate change resilience and gender equality;
Amendment 1105 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point i
Annex II – part A – point 2 – point i
(i) Achieving universal health coverage, with equitable access to quality and affordable health services, including sexual and reproductive health services and including through supporting the building of strong, quality and resilient health systems, and enhancing capacity for early warning, risk reduction, management and recoveryinvesting in health research and development capacities to improve the safety, quality and availability of essential medicines and supplies and enhancing capacity for early warning, risk reduction, management and recovery; promoting cooperation in research and innovation for new or improved health tools as a means to address pressing health challenges, such as poverty-related and neglected tropical diseases, antimicrobial resistance or emerging diseases and epidemics;
Amendment 1109 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point k
Annex II – part A – point 2 – point k
(k) Promoting inclusive sustainable urban development to address urban inequality, focusing on those most in need. and adopting a gender-sensitive approach;
Amendment 1113 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 2 – point n a (new)
Annex II – part A – point 2 – point n a (new)
(n a) Promoting capacity building and cooperation in the areas of science, technology and research, in particular addressing poverty-related, societal challenges disproportionately affecting partner countries and neglected areas of research and innovation with limited private sector investments, and open data and fostering social innovation;
Amendment 1118 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 3 – introductory part
Annex II – part A – point 3 – introductory part
3. Migration and mobilityDelete
Amendment 1120 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 3 – point a
Annex II – part A – point 3 – point a
(a) Strengthening partnerships on migration and mobility based on an integrated and balanced approach, covering all development aspects of migration including assistance in implementing Union bilateral or regional agreements and arrangements, including,maximizing the development benefits of migration, including the creation of safe and legal pathways and mobility partnerships;
Amendment 1123 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 3 – point a a (new)
Annex II – part A – point 3 – point a a (new)
(a a) Promoting faster, cheaper and safer remittance transfers in both source and recipient countries, thus harnessing their potential for development.
Amendment 1124 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 3 – point c
Annex II – part A – point 3 – point c
Amendment 1126 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 3 – point d
Annex II – part A – point 3 – point d
(d) Tackling irregular migration, trafficking in human beings, smuggling of migrants, stepping up cooperation on integrated border management;Support to address and reduce vulnerabilities in migration, and strengthen the transnational response to smuggling of migrants and preventing and combating trafficking in human beings
Amendment 1130 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 3 – point e
Annex II – part A – point 3 – point e
Amendment 1133 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 3 – point h
Annex II – part A – point 3 – point h
(h) Ensuring protection of migrants and forcibly displaced persons; ensuring the recognition and status determination of persons in need of international protection among mixed migratory flows;
Amendment 1135 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point b
Annex II – part A – point 4 – point b
(b) Contributing to partners’ efforts to pursue their commitments on climate change in line with the Paris Agreement on Climate Change, including the implementation of Nationally Determined Contribution (NDCs) and mitigation and adaptation plans of action including synergies between adaptation and mitigation as well as to pursue their commitments under other multilateral environmental agreements, such as the Convention on Biological Diversity and the United Nations Convention to Combat Desertification;
Amendment 1136 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point d
Annex II – part A – point 4 – point d
(d) Strengthening sustainable energy cooperation. Promoting and increasing cooperation on energy efficiency and the use of renewable energy sources; promoting access to reliable, secure, affordable, clean and sustainable energy services, in particular local and decentralized solutions that ensure energy access for people living in poverty and in remote regions;
Amendment 1140 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point d a (new)
Annex II – part A – point 4 – point d a (new)
(d a) Promoting corporate social responsibility, due diligence in supply chains and the systematic application of the “precautionary approach” and the “polluter pays” principle;
Amendment 1142 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point d b (new)
Annex II – part A – point 4 – point d b (new)
(d b) Promoting environmentally sustainable agriculture practices, including agroecology, which are proven to contribute to protection of ecosystems and biodiversity and enhance environmental and social resilience to climate change in the long term;
Amendment 1145 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point f
Annex II – part A – point 4 – point f
(f) Strengthening the involvement of local communities in climate change responses, the fight against biodiversity loss and wildlife crime, conservation of ecosystems and the governance of natural resources including through the improvement of land tenure and water resources management. Promoting sustainable urban development and resilience in urban areas;
Amendment 1146 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point f a (new)
Annex II – part A – point 4 – point f a (new)
(f a) Stopping the trade in conflict minerals as well as the abuse of miners and supporting the development of local communities in accordance with Regulation 2017/821 on supply chain due diligence obligations and accompanying measures, as well as elaborating such approach to minerals currently not yet covered such as for example cobalt.
Amendment 1150 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point j
Annex II – part A – point 4 – point j
(j) LimiHalting deforestation and promoting forest law enforcement, governance and trade (FLEGT), and combating illegal logging, trade of illegal timber and wood products; supporting the negotiation and the implementation of Voluntary Partnership Agreements;
Amendment 1152 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point m
Annex II – part A – point 4 – point m
(m) Promoting resource efficiency and sustainable consumption and production, including by curbing the use of natural resources financing conflicts, and by supporting compliance by stakeholders with initiatives such as the Kimberley process Certification Scheme; tackling pollution and a sound management of chemicals and waste;
Amendment 1156 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point n
Annex II – part A – point 4 – point n
(n) Supporting efforts to improve sustainable economic diversification, competitiveness and fair trade, private sector development with a particular focus on low-carbon climate-resilient green growth, social enterprises, microenterprises and SMEs and cooperatives, taking advantage of the development benefits of existing trade agreements with the EU.
Amendment 1159 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point n a (new)
Annex II – part A – point 4 – point n a (new)
(na) Fulfilling the international commitments regarding biodiversity conservation in treaties such as the Convention on Biological Diversity (CBD), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Convention on the Conservation of Migratory Species of Wild Animals (CMS) and other biodiversity-related treaties.
Amendment 1160 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point n b (new)
Annex II – part A – point 4 – point n b (new)
(nb) Increasing the integration and mainstreaming of climate change and environmental objectives in Union development cooperation through support for methodological and research work on, in and by developing countries, including monitoring, reporting and verification mechanisms, ecosystem mapping, assessment and valuation, enhancing environmental expertise and promoting innovative actions and policy coherence;
Amendment 1161 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 4 – point n c (new)
Annex II – part A – point 4 – point n c (new)
(nc) Addressing global and trans- regional effects of climate change having a potentially destabilising impact on development, peace and security.
Amendment 1163 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 5 – point a
Annex II – part A – point 5 – point a
(a) Supporting entrepreneurship, decent employment and employability through the development of skills and competences, including education, the improvement of labour standards and working conditions, living wages and the creation of opportunities particularly for the youth;
Amendment 1165 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 5 – point b
Annex II – part A – point 5 – point b
(b) Supporting national development paths that maximise positive social outcomes and impacts and promoting progressive taxation and redistributive public policies; supporting efforts at national and international levels to combat tax evasion and tax havens;
Amendment 1167 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 5 – point c a (new)
Annex II – part A – point 5 – point c a (new)
(ca) Promoting corporate accountability and redress mechanisms for violations of human rights related to private sector activities; supporting efforts at local, regional and global level to ensure corporate compliance with human rights standards and regulatory developments, including on mandatory due diligence and an international binding instrument on business and human rights;
Amendment 1174 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 5 – point h a (new)
Annex II – part A – point 5 – point h a (new)
(ha) Focusing on ecologically efficient agricultural intensification for smallholder farmers, and in particular women, by providing support for effective and sustainable national policies, strategies and legal frameworks, and for equitable and sustainable access to resources, including land, water, (micro) credit and other agricultural inputs;
Amendment 1175 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 5 – point h b (new)
Annex II – part A – point 5 – point h b (new)
(hb) Actively support greater participation of civil society and farmer organisations in policy making and research programmes and increase their involvement in the implementation and evaluation of government programmes;
Amendment 1177 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 5 – point n
Annex II – part A – point 5 – point n
(n) Supporting the regional integration agenda and optimal trade policies in support of inclusive and sustainable development, and supporting the consolidation and implementation of trade agreements between the EU and its partners; promoting and strengthening multilateralism, sustainable economic cooperation, as well as the rules of the World Trade Organisation;
Amendment 1180 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 5 – point r a (new)
Annex II – part A – point 5 – point r a (new)
(ra) Ensuring that access to extractive sectors is fair and sustainable while not contributing to conflicts or corruption;
Amendment 1183 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – introductory part
Annex II – part A – point 6 – introductory part
6. SPeace, security, and stability and peace
Amendment 1184 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point a
Annex II – part A – point 6 – point a
(a) Contributing to peace and, the prevention of conflict and therefore to stability through building resilience of states, societies, communities and individuals to political, economic, environmental, demographic and societal pressures and shocks, including by supporting resilience assessments designed to identify the indigenous capacities within societies that allow them to withstand, adapt to and quickly recover from these pressures and shocks;
Amendment 1189 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point c
Annex II – part A – point 6 – point c
(c) Supporting conflict sensitive security sector reform that gradually provides individuals and the state with more effective, democratic and accountable security for sustainable development and peace;
Amendment 1191 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point d
Annex II – part A – point 6 – point d
Amendment 1196 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point e
Annex II – part A – point 6 – point e
(e) Supporting local, regional and international initiatives contributing to security, stability and peace as well as linking those different initiatives;
Amendment 1197 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point f
Annex II – part A – point 6 – point f
(f) Preventing and countering radicalisation leading to violent extremism and terrorism by means of context- specific, conflict sensitive and people- centred programmes and actions, which anticipate and respond to existing and new local grievances leading to radicalisation, and avoid or respond to any negative impacts;
Amendment 1198 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point f a (new)
Annex II – part A – point 6 – point f a (new)
(fa) Addressing the needs, including the ones of women in conflict affected situations or post-conflict situations, relating to the rehabilitation and reintegration of victims of armed conflicts;
Amendment 1199 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point f b (new)
Annex II – part A – point 6 – point f b (new)
(fb) Addressing the needs, including the ones of women in conflict affected situations or post-conflict situations, relating to the disarmament, demobilisation and reintegration of former combatants and their families into civil society;
Amendment 1200 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point f c (new)
Annex II – part A – point 6 – point f c (new)
(fc) Addressing the needs, including the ones of women in conflict affected situations or post-conflict situations, relating to the socioeconomic impact on the civilian population of antipersonnel landmines, unexploded ordnance or explosive remnants of war;
Amendment 1201 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point f d (new)
Annex II – part A – point 6 – point f d (new)
(fd) Addressing the needs, including the ones of women in conflict affected situations or post-conflict situations, relating to the social effects or restructuring the armed forces;
Amendment 1202 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point f e (new)
Annex II – part A – point 6 – point f e (new)
(fe) Enhancing the role of women and youth in peacebuilding and conflict prevention and their inclusion, meaningful civil and political participation and social recognition; support the implementation of UNSCR 1325, in particular in fragile, conflict and post-conflict countries;
Amendment 1203 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point f f (new)
Annex II – part A – point 6 – point f f (new)
(ff) Promoting, facilitating and building capacity in confidence building, mediation, dialogue and reconciliation, good neighbourly relations and other measures contributing to the prevention and settlement of conflicts, with particular regard to emerging inter-community tensions as well as conciliation measures between segments of societies and protracted conflicts and crises;
Amendment 1204 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point f g (new)
Annex II – part A – point 6 – point f g (new)
(fg) Promoting a culture of non- violence, including by supporting formal, informal and non-formal peace education;
Amendment 1205 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point f h (new)
Annex II – part A – point 6 – point f h (new)
(fh) Support ad hoc local, national, regional and international tribunals, truth and reconciliation commissions and mechanisms;
Amendment 1207 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 6 – point i
Annex II – part A – point 6 – point i
(i) Cooperating with third countries in the peaceful use of nuclear energy, notably through capacity building and infrastructure development in third countries in the areas of health, agriculture and food safety; as well as supporting social actions addressing the consequences on the most vulnerable population exposed to any radiological accident and aiming at improving their living conditions; promoting knowledge-management, training and education in nuclear-related fields;
Amendment 1209 #
2018/0243(COD)
Proposal for a regulation
Annex II – part A – point 7 – point d
Annex II – part A – point 7 – point d
(d) Promoting an enabling environment for civil society organisations, including foundations, enhancing their meaningful and structured participation in domestic policies and their capacity to perform their roles as independent development and governance actors; and strengthening new ways of partnering with civil society organisations, promoting a substantive and structured dialogue with the Union and the effective use and implementation of country roadmaps for EU engagement with civil society;
Amendment 1210 #
2018/0243(COD)
Proposal for a regulation
Annex II – part B – point c a (new)
Annex II – part B – point c a (new)
(ca) Promoting confidence-building, good neighbourly relations and other measures contributing to security in all its forms, the prevention and settlement of conflicts, including protracted conflicts, and respect for multilateralism and international law;
Amendment 1211 #
Amendment 1213 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 1 – indent 1 a (new)
Annex III – point 1 – indent 1 a (new)
– Consolidating and supporting democracy, addressing all aspects of democratic governance, and supporting credible, inclusive and transparent electoral processes, in particular by means of EU EOMs. Democracy shall be strengthened by upholding the main pillars of democratic systems, including the rule of law, democratic norms and values, independent media, accountable and inclusive institutions including political parties and parliaments, the fight against corruption and accountability of the armed forces and the secret services. Election observation plays a full part in the wider support of the democratic processes. Within this context, EU election observation as well as the follow- up to recommendations of EU election observation missions shall continue to be supported under this programme in complementarity with the geographic programmes.
Amendment 1214 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 1 – indent 1 a (new)
Annex III – point 1 – indent 1 a (new)
Protecting and promoting human rights and human rights defenders in countries and urgency situations where human rights and fundamental freedoms are most at risk, including through addressing urgent protection needs of human rights defenders in a flexible and comprehensive manner. The focus is on human rights and democracy issues, which cannot be addressed by geographic or other thematic programmes due to their sensitive character or emergency nature. In such cases, the priority shall be to promote respect for the relevant international law and to provide tangible support and means of action to local civil society, both registered and unregistered, carried out in very difficult circumstances. Special attention shall also be paid to strengthening a specific human rights defenders protection mechanism.
Amendment 1215 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 1 – indent 1 a (new)
Annex III – point 1 – indent 1 a (new)
Upholding human rights and fundamental freedoms for all, contributing to forging societies in which participation, non-discrimination, equality, social justice and accountability prevail. The Union’s assistance shall have the ability to address the most sensitive political issues (such as death penalty, torture, freedom of expression in restrictive contexts, discriminations against vulnerable groups) and shall respond to emerging and complex challenges such as business and human rights, environmental rights and the protection of persons displaced due to climate change, due to its independence of action and its high flexibility in terms of cooperation modalities.
Amendment 1216 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 1 – indent 1 b (new)
Annex III – point 1 – indent 1 b (new)
– Promoting effective multilateralism and strategic partnerships contributing to reinforcing capacities of international, regional and national frameworks and empowering local actors in promoting and protecting human rights, democracy and the rule of law. Partnerships for human rights shall focus on strengthening the national and international human rights architecture, including support to multilateralism, as the independence and effectiveness of the Office of the High Commissioner for Human Rights (OHCHR, the International Criminal Court (ICC) and relevant regional human rights mechanisms are essential. Support to education and research on human rights and democracy as well as the promotion of academic freedom shall continue, including through support to the Global Campus for Human Rights and Democracy.
Amendment 1217 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 1 – indent 1 c (new)
Annex III – point 1 – indent 1 c (new)
– Fostering new cross-regional synergies and networking among local civil society and between civil society and other relevant human rights bodies and mechanisms so as to maximise the sharing of best practises on human rights and democracy, and create positive dynamics.
Amendment 1223 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 1 a (new)
Annex III – point 1 a (new)
Amendment 1226 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 2 – introductory part
Annex III – point 2 – introductory part
2. AREAS OF INTERVENTION FOR CIVIL SOCIETY ORGANISATIONS AND LOCAL AUTHORITIES
Amendment 1227 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 2 – point 1 – introductory part
Annex III – point 2 – point 1 – introductory part
1. Inclusive, participatory, empowered and independent and empowered society in partner countries through strengthened civil society civic space in partner countrand local authorities
Amendment 1228 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 2 – point 1 – point b a (new)
Annex III – point 2 – point 1 – point b a (new)
(ba) Strengthening the capacity of local authorities to participate effectively in the development process, acknowledging their particular role and specificities;
Amendment 1230 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 2 – point 2 – point c a (new)
Annex III – point 2 – point 2 – point c a (new)
(ca) Coordination, capacity development and institutional strengthening of civil society and local authority networks, within their organisations and between different types of stakeholders active in the public debate on development as well as coordination, capacity development and institutional strengthening of Southern networks of civil society organisations and local authorities and umbrella organisations.
Amendment 1235 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – introductory part
Annex III – point 3 – introductory part
3. AREAS OF INTERVENTION FOR STABILITY AND PEACEPEACEBUILDING, CONFLICT PREVENTION AND STABILITY
Amendment 1236 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – introductory part
Annex III – point 3 – point 1 – paragraph 1 – introductory part
The Union shall provide conflict sensitive technical and financial assistance covering support for measures aimed at building and strengthening the capacity of the Union and its partners to prevent conflict, build peace and address pre- and post-crisis needs in close coordination with the United Nations and other international, regional and sub- regional organisations, and State and civil society actors, in relation to their efforts mainly in the following areas, including specific attention to women's and youth participation:
Amendment 1237 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point a
Annex III – point 3 – point 1 – paragraph 1 – point a
(a) early warning and conflict-sensitive risk analysis; confidence-building, mediation, dialogue and reconciliation measures in the policy-making and the implementation of policy; facilitation and building capacity in confidence-building, mediation, dialogue and reconciliation, with particular regard to inter-community tensions and the prevention of genocide and crimes against humanity;
Amendment 1239 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point b
Annex III – point 3 – point 1 – paragraph 1 – point b
(b) improving post-conflict recovery as well as post-disaster recovery with relevance to the political and security situation;
Amendment 1240 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point c
Annex III – point 3 – point 1 – paragraph 1 – point c
(c) peace-building and state-building support actionsupport, where relevant in technical and logistical assistance, to the efforts undertaken by local and international civil society organisations, as well as states and international organisations in peacebuilding, including confidence building, mediation, dialogue and reconciliation, transitional justice, women’s and youth empowerment; in particular with regard to community tensions and protracted conflicts;
Amendment 1242 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point d a (new)
Annex III – point 3 – point 1 – paragraph 1 – point d a (new)
(da) support for measures to promote the development and organisation of civil society and its participation in the political process, including measures to enhance the role of women in such processes and measures to promote independent, pluralist and professional media;
Amendment 1243 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e
Annex III – point 3 – point 1 – paragraph 1 – point e
Amendment 1246 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e a (new)
Annex III – point 3 – point 1 – paragraph 1 – point e a (new)
(ea) actions promoting gender equality and women’s empowerment and the role of women and youth and minorities in economic and political life, in particular in peacebuilding and conflict prevention efforts. This includes addressing the root causes of gender inequality and conflict, support to UNSCR 1325 and 2250 implementation as well as women and youth, their participation and representation in formal and informal peace processes;
Amendment 1248 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e b (new)
Annex III – point 3 – point 1 – paragraph 1 – point e b (new)
(eb) curbing the use of natural resources to finance conflicts, and supporting compliance by stakeholders with initiatives such as the Kimberley Process Certification Scheme, especially as regards the implementation of efficient domestic controls over the production of, and trade in, natural resources;
Amendment 1250 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e c (new)
Annex III – point 3 – point 1 – paragraph 1 – point e c (new)
(ec) Strengthening capacities for participation and deployment in civilian stabilisation missions; strengthening the Union, civil society and EU partners’ capacities for the participation and the deployment of civilian peacekeeping and peacebuilding missions; the exchange of information and best practices on peacebuilding, conflict analysis, early warning or training and service delivery;
Amendment 1251 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e d (new)
Annex III – point 3 – point 1 – paragraph 1 – point e d (new)
(ed) improving post-conflict recovery as well as post-disaster recovery with relevance to the political and security situation;
Amendment 1252 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e e (new)
Annex III – point 3 – point 1 – paragraph 1 – point e e (new)
(ee) further development of structural dialogues on peace-building issues at various levels; including between local, national and international civil society and the Union, as well as between local civil society and partner countries;
Amendment 1253 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e f (new)
Annex III – point 3 – point 1 – paragraph 1 – point e f (new)
(ef) actions strengthening the resilience of states, societies, communities and individuals, including resilience assessments designed to identify the endogenous capacities within societies that allow them to withstand, adapt to and quickly recover from pressures and shocks;
Amendment 1254 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e g (new)
Annex III – point 3 – point 1 – paragraph 1 – point e g (new)
(eg) actions promoting a culture of non-violence, including formal, informal and non-formal peace education;
Amendment 1255 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e h (new)
Annex III – point 3 – point 1 – paragraph 1 – point e h (new)
(eh) support for international criminal tribunals and ad hoc national tribunals, truth and reconciliation commissions, transitional justice and other mechanisms for the legal settlement of human rights claims and the assertion and adjudication of property rights, established in accordance with international standards in the fields of human rights and the rule of law;
Amendment 1256 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 1 – paragraph 1 – point e i (new)
Annex III – point 3 – point 1 – paragraph 1 – point e i (new)
(ei) support for measures to combat the illicit use of, and access to, firearms, small arms and light weapons;
Amendment 1257 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 2 – paragraph 1 – introductory part
Annex III – point 3 – point 2 – paragraph 1 – introductory part
The Union shall provide conflict sensitive technical and financial assistance to support partners’ efforts and Union actions addressing global and trans- regional threats and emerging threats mainly in the following areas:
Amendment 1258 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 2 – paragraph 1 – point a
Annex III – point 3 – point 2 – paragraph 1 – point a
(a) threats to law and order, and to the security and safety of individuals including terrorism, violent extremism, organised crime, cyber-crime, hybrid threats, illicit trafficking, trade and transit, in particular: (1) strengthening the capacity of law enforcement and judicial and civil authorities involved in the fight against terrorism, organised crime, including cyber-crime, and all forms of illicit trafficking and in the effective control of illegal trade and transit; with regard to assistance to authorities involved in the fight against terrorism, priority shall be given to supporting measures concerning the development and strengthening of counter-terrorism legislation, the implementation and practice of financial law, of customs law and of immigration law, the development of law-enforcement procedures which are aligned with the highest international standards and which comply with international law, the strengthening of democratic control and institutional oversight mechanisms, and the prevention of violent radicalism; (2) addressing global and trans-regional effects of climate change having potentially destabilising impact on peace and security;
Amendment 1259 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 2 – paragraph 1 – point b
Annex III – point 3 – point 2 – paragraph 1 – point b
(b) threats to public spaces, critical infrastructure, cybersecurity, to public health or to environmental stability, maritime security threats, threats deriving from climate change impacts while recognizing that cooperation around climate change adaptation and mitigation can also represent a powerful entry-point for dialogue, peacebuilding and conflict prevention;
Amendment 1260 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 2 – paragraph 1 – point c
Annex III – point 3 – point 2 – paragraph 1 – point c
(c) mitigation against risks, whether of an intentional, accidental or natural origin, related to chemical, biological, radiological and nuclear materials or agents and risks to related installations or sites, in particular: (1) support and promote civilian research activities as an alternative to defence-related research; (2) enhancing safety practices related to civilian facilities where sensitive chemical, biological, radiological and nuclear materials or agents are stored or are handled in the context of civilian research programmes; (3) supporting, within the framework of Union cooperation policies and their objectives, the establishment of civil infrastructure and relevant civilian studies necessary for the dismantlement, remediation or conversion of weapons- related facilities and sites where these are declared to be no longer part of a defence programme; (4) strengthening the capacity of the competent civilian authorities involved in the development and enforcement of effective control of illicit trafficking in chemical, biological, radiological and nuclear materials or agents (including the equipment for their production or delivery);
Amendment 1262 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 2 – paragraph 1 – point d
Annex III – point 3 – point 2 – paragraph 1 – point d
Amendment 1264 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 2 – paragraph 1 – point d a (new)
Annex III – point 3 – point 2 – paragraph 1 – point d a (new)
(da) developing the legal framework and institutional capacities for the establishment and enforcement of effective export controls, in particular on dual-use goods and as regards the implementation of the provisions of the Arms Trade Treaty and the promotion of adherence to it;
Amendment 1265 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 3 – point 2 – paragraph 1 – point d b (new)
Annex III – point 3 – point 2 – paragraph 1 – point d b (new)
(db) developing effective civilian disaster-preparedness, emergency planning, crisis response, and capabilities for clean-up measures;
Amendment 1266 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 1 – point a
Annex III – point 4 – part A – point 1 – point a
(a) Developing crucial elements of an effective and comprehensive health system that are best addressed at a supra-national level to secure equitable and affordable access to health services and sexual and reproductive health and rights;
Amendment 1267 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 1 – point c
Annex III – point 4 – part A – point 1 – point c
(c) Addressing global health security through communicable diseases research - particularly on poverty-related and neglected diseases - and control, translate knowledge into safe, accessible and affordable products and policies that tackle the changing disease burden (persistent burden of infectious, emerging and re-emerging diseases and epidemics and antimicrobial resistance, as well as non- communicable diseases, all forms of malnutrition and environmental risk factors), and shape global markets to improve access to essential health commodities and healthcare services, especially for sexual and reproductive health.
Amendment 1269 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 1 – point c a (new)
Annex III – point 4 – part A – point 1 – point c a (new)
(ca) Supporting initiatives to scale up access to safe, affordable and efficient medicines, including generic medicines, diagnostics and related health technologies, utilizing all available tools to reduce the price of life-saving drugs and diagnostics.
Amendment 1275 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 2 – point a
Annex III – point 4 – part A – point 2 – point a
(a) Promoting joint global efforts for inclusive and equitable quality education and training at all levels, including in emergency and crisis situations; through universal access to comprehensive sexuality education, including in emergency and crisis situations and with a particular priority on strengthening public education systems;
Amendment 1280 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 3 – introductory part
Annex III – point 4 – part A – point 3 – introductory part
3. Women and children
Amendment 1283 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 3 – point a
Annex III – point 4 – part A – point 3 – point a
(a) LSupporting local, national, regional initiatives and leading and supporting global efforts, partnerships and alliances for the rights of women as set out in the UN Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol thereto, as well as measures to combat and to eliminate all forms of violence against women and girls; this includes physical, psychological, sexual, economic and other types of violence and discrimination, including exclusion that women suffer in the different areas of their private and public lives; address the root causes of gender inequalities as a means of supporting conflict prevention and peacebuilding; promoting the empowerment of women, including in their roles as development actors and peace-builders
Amendment 1286 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 3 – point a a (new)
Annex III – point 4 – part A – point 3 – point a a (new)
(aa) Promoting the protection and fulfilment of women’s and girls’ rights, including economic, labour and social rights, and sexual and reproductive health and rights, including via comprehensive sexuality education;
Amendment 1289 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 3 – point a b (new)
Annex III – point 4 – part A – point 3 – point a b (new)
(ab) Empowering women’s and girls’ agency, voice and participation in social, economic, political and civil life.
Amendment 1290 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 3 – point b
Annex III – point 4 – part A – point 3 – point b
Amendment 1295 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 3 a (new)
Annex III – point 4 – part A – point 3 a (new)
3a. Young people and children (a) Supporting universal access to basic social services including health notably sexual and reproductive health services, information and supplies, through dedicated youth friendly services and comprehensive sexuality education, nutrition, education and social protection; (b) Stepping up assistance to youth to support them in acquiring relevant skills and in accessing decent and quality jobs through education, vocational and technical training, and access to digital technologies; (c) Supporting youth entrepreneurship and promote the creation of sustainable jobs with decent working conditions; (d) Promoting youth empowerment and responsible citizenship, by opening spaces for their active and meaningful participation in political life and in peace process and mediation efforts, by supporting initiatives of inter-cultural dialogue among youth organisations and by preventing marginalization and exclusion; (i) Promoting initiatives that empower young people and children, and support policies and actions that guarantee their inclusion, meaningful civil and political participation and social recognition, recognizing their true potential as positive agents of change in areas such as peace, security, sustainable development, climate change, environmental protection and the rededication of poverty.
Amendment 1302 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 5 – point b
Annex III – point 4 – part A – point 5 – point b
(b) Contributing to the global agenda on decent work, in particular with a view to making global value chains sustainable and responsible based on horizontal due diligence obligations, and enhancing knowledge on effective employment policies that respond to labour market needs, including VET and life-long learning;
Amendment 1303 #
2018/0243(COD)
(ba) supporting global initiatives on business and human rights, including corporate accountability for rights violations and access to remedies;
Amendment 1305 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 6 – point b a (new)
Annex III – point 4 – part A – point 6 – point b a (new)
Amendment 1306 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part A – point 6 – point b b (new)
Annex III – point 4 – part A – point 6 – point b b (new)
(bb) Supporting initiatives for the return of cultural property to their countries of origin or their restitution in case of illicit appropriation.
Amendment 1309 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part B – point 1 – point d a (new)
Annex III – point 4 – part B – point 1 – point d a (new)
(da) Promoting environmentally sustainable agriculture practices, including agroecology, which are proven to contribute to protection of ecosystems and biodiversity and enhance environmental and social resilience to climate change in the long term;
Amendment 1310 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part B – point 1 – point d b (new)
Annex III – point 4 – part B – point 1 – point d b (new)
(db) Implementing international and EU initiatives to address biodiversity loss, promoting the conservation, sustainable use and management of terrestrial and marine ecosystems and associated biodiversity.
Amendment 1311 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part B – point 2 – point a
Annex III – point 4 – part B – point 2 – point a
(a) Supporting global efforts, commitments, partnerships and alliances, includingmost notably the sustainable energy transition;
Amendment 1312 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part B – point 2 – point b
Annex III – point 4 – part B – point 2 – point b
(b) Encouraging partner governments to embrace renewable energy sector policy and market reforms so to establish a conducive environment for investments increasing access to renewable energy services that are affordable, modern, reliable and sustainable, with a strong focus on renewable energy and energy efficiency;
Amendment 1313 #
2018/0243(COD)
(a) Promoting sustainable private investment through innovative financing mechanisms and risk-sharing for LDC’s and fragile states that would otherwise not attract such investment and where additionality can be proven;
Amendment 1317 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part C – point 1 – point c
Annex III – point 4 – part C – point 1 – point c
(c) Supporting the implementation of the Union trade policy instruments and trade agreements and the implementation thereof; and improving access to partner country markets and boosting trade, investment and business opportunities for companies from the Union while eliminating barriers to market access and investmentiming at improving sustainable development, economic diversification and access to the EU market, as well as aiming at easing access to climate-friendly technologies and intellectual property;
Amendment 1318 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part C – point 2 – point a
Annex III – point 4 – part C – point 2 – point a
(a) Supporting and influencing international strategies, organisations, mechanisms and actors that roll-out major global policy issues and frameworks around food and nutrition security and contributing to accountability on international commitments on food security, nutrition and sustainable agriculture including the Sustainable Development Goals and the Paris Agreement ;
Amendment 1319 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part C – point 2 – point b
Annex III – point 4 – part C – point 2 – point b
(b) IEnsuring equitable access to food including by helping to address the financing gap for nutrition; improving global public goods pursuing an end to hunger and malnutrition; tools like the Global Network on Food Crises enhance the capacity to adequately respond to food crises and nutrition in the context of the humanitarian-development-peace nexus (hence assist in mobilising pillar 3 resources);
Amendment 1320 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part C – point 2 – point c
Annex III – point 4 – part C – point 2 – point c
(c) Reaffirming at global level the central role of sustainable agriculture and fisheries and aquaculture, particularly smallholder agriculture, pastoralism and fisheries and aquaculture, and the role of women in these sectors, for increased food security, poverty eradication, job creation, mitigating and adapting to climate change, resilience and healthy ecosystems;
Amendment 1322 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part C – point 2 – point d a (new)
Annex III – point 4 – part C – point 2 – point d a (new)
(da) Providing support for effective and sustainable national policies, strategies and legal frameworks, and for equitable and sustainable access, particularly for women, to resources, including land, water, (micro) credit and other agricultural inputs for ecological intensification.
Amendment 1323 #
2018/0243(COD)
Proposal for a regulation
Annex III – point 4 – part C – point 2 – point d b (new)
Annex III – point 4 – part C – point 2 – point d b (new)
(db) Actively support greater participation of civil society and farmer organisations in policy making and research programmes and increase their involvement in the implementation and evaluation of government programmes.
Amendment 1324 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – introductory part
Annex IV – point 1 – introductory part
1. Actions contributing to peace, stability and conflict prevention in situations of urgency, emerging crisis, crisis and postcrisis
Amendment 1325 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – introductory part
Annex IV – point 1 – paragraph 1 – introductory part
Rapid response actions referred to in point a) of Article 4 (4) shall be designed for an effective and conflict sensitive Union response to the following exceptional and unforeseen situations:
Amendment 1326 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point b
Annex IV – point 1 – paragraph 1 – point b
(b) a situation posing a threat to peace, democracy, law and order, the protection of human rights and fundamental freedoms, or the security and safety of individuals, in particular those exposed to gender-based violence in situations of instability;
Amendment 1327 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c a (new)
Annex IV – point 1 – paragraph 1 – point c a (new)
(ca) support, where relevant in technical and logistical assistance, to the efforts undertaken by local and international civil society organisations, as well as states and local, regional international organisations in peacebuilding, including confidence building, mediation, dialogue and reconciliation, transitional justice, women’s empowerment and youth empowerment; in particular with regards to community tensions and protracted conflicts;
Amendment 1328 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c b (new)
Annex IV – point 1 – paragraph 1 – point c b (new)
(cb) support for the implementation of the United Nations Security Council resolutions on women, peace and security and youth, peace and security, in particular in fragile, conflict and post- conflict countries;
Amendment 1329 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c c (new)
Annex IV – point 1 – paragraph 1 – point c c (new)
(cc) support for the establishment and functioning of interim administrations mandated in accordance with international law;
Amendment 1330 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c d (new)
Annex IV – point 1 – paragraph 1 – point c d (new)
(cd) support for the development of democratic, pluralistic State institutions, including measures to enhance the role of women and youth in such institutions, effective civilian administration and civilian oversight over the security system, as well as measures to strengthen the capacity of law-enforcement and judicial authorities involved in the fight against terrorism, organized crime and all forms of illicit trafficking;
Amendment 1331 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c e (new)
Annex IV – point 1 – paragraph 1 – point c e (new)
(ce) support for international criminal tribunals and ad hoc national tribunals, truth and reconciliation commissions, transitional justice and other mechanisms for the legal settlement of human rights claims and the assertion and adjudication of property rights, established in accordance with international standards in the fields of human rights and the rule of law;
Amendment 1332 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c f (new)
Annex IV – point 1 – paragraph 1 – point c f (new)
(cf) support for civilian measures related to the demobilization and reintegration of former combatants and their families into civil society, and where appropriate their repatriation, as well as measures to address the situation of child soldiers and female combatants;
Amendment 1333 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c g (new)
Annex IV – point 1 – paragraph 1 – point c g (new)
(cg) support for measures to mitigate the social effects of restructuring the armed forces;
Amendment 1334 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c h (new)
Annex IV – point 1 – paragraph 1 – point c h (new)
(ch) support for measures to address, within the framework of Union cooperation policies and their objectives, the socioeconomic impact on the civilian population of antipersonnel landmines, unexploded ordnance or explosive remnants of war. Activities financed under this Regulation may cover, inter alia, risk education, mine detection and clearance and, in conjunction therewith, stockpile destruction;
Amendment 1335 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c i (new)
Annex IV – point 1 – paragraph 1 – point c i (new)
(ci) support for measures to combat the illicit use of and access to firearms, small arms and light weapons;
Amendment 1336 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c j (new)
Annex IV – point 1 – paragraph 1 – point c j (new)
(cj) support for measures to ensure that the specific needs of women and children in crisis and conflict situations, including preventing their exposure to gender-based violence, are adequately met;
Amendment 1337 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c k (new)
Annex IV – point 1 – paragraph 1 – point c k (new)
(ck) support for the rehabilitation and reintegration of the victims of armed conflict, including measures to address the specific needs of women and children;
Amendment 1338 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c l (new)
Annex IV – point 1 – paragraph 1 – point c l (new)
(cl) support for measures to promote and defend respect for human rights and fundamental freedoms, democracy and the rule of law, and the related international instruments;
Amendment 1339 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c m (new)
Annex IV – point 1 – paragraph 1 – point c m (new)
(cm) support for socio-economic measures to promote equitable access to, and transparent management of, natural resources in a situation of crisis or emerging crisis, including peace-building;
Amendment 1340 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c n (new)
Annex IV – point 1 – paragraph 1 – point c n (new)
(cn) support for measures to address the potential impact of sudden population movements with relevance to the political and security situation, including measures addressing the needs of host communities in a situation of crisis or emerging crisis, including peace-building;
Amendment 1341 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 1 – paragraph 1 – point c o (new)
Annex IV – point 1 – paragraph 1 – point c o (new)
(co) support for measures to promote the development and organization of civil society and its participation in the poli-tical process, including measures to enhance the role of women and youth in such processes and measures to promote inde-pendent, pluralist and professional media.
Amendment 1343 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 2 – paragraph 2 – point a
Annex IV – point 2 – paragraph 2 – point a
(a) strengthen resilience by supporting individuals, communities, institutions, and countries to better prepare for, withstand, adapt to and quickly recover from political, economic, and societal pressures and shocks, natural or man-made disasters, conflicts and global threats; including by reinforce the capacity of a state - in the face of significant pressures to rapidly build, maintain or restore its core functions, and basic social and political cohesion and of societies, communities and individuals to manage opportunities and risks in a peaceful and stablconflict sensitive manner and to build, maintain or restore livelihoods in the face of major pressures, and by supporting individuals, communities and societies to identify and strengthen their existing indigenous capacities to withstand, adapt to and quickly recover from these pressures and shocks, including those that could lead to an escalation of violence;
Amendment 1344 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 2 – paragraph 2 – point c
Annex IV – point 2 – paragraph 2 – point c
(c) carry out short-term rehabilitation and reconstruction to enable the victims from natural or man-made disasters, conflicts and global threats to benefit from a minimum of socio-economic integration and, as soon as possible, create the conditions for a resumption of development on the basis of long-term objectives set by the countries and regions concerned; this includes addressing the urgent and immediate needs arising from the displacement of people (refugees, and displaced persons and returnees) following natural or man-made disasters; and
Amendment 1345 #
2018/0243(COD)
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
Amendment 1353 #
2018/0243(COD)
Proposal for a regulation
Annex V – paragraph 1 – introductory part
Annex V – paragraph 1 – introductory part
The EFSD+ operations eligible for support through the External Action Guarantee shall in particular aim at the following priority areas:priority areas listed in paragraph 1 and exclude financing and investment operations listed in paragraph 2. 1. Eligible are operations which
Amendment 1357 #
2018/0243(COD)
Proposal for a regulation
Annex V – paragraph 1 – point c
Annex V – paragraph 1 – point c
(c) leveragefacilitate access to finance for local private sector financing, with a particular focus on micro-, small-, and medium-sized enterprises, by addressing bottlenecks and obstacles to investment; cooperatives and inclusive business models by addressing bottlenecks and obstacles experienced by small scale entrepreneurs, women in particular, in accessing finance at local level especially in Least Developed Countries and fragile states.
Amendment 1358 #
2018/0243(COD)
Proposal for a regulation
Annex V – paragraph 1 – point d
Annex V – paragraph 1 – point d
(d) strengthen socioeconomic sectors and areas and related public and private infrastructure and sustainable connectivity, including renewable and sustainable energy, water and waste management, low- carbon mobility, transport, information and communications technologies, as well as environment, sustainable use of natural resources, sustainable agriculture, including agro-ecological practices and blue economy, social infrastructure, health, and human capital, in order to improve the socioeconomic environment;
Amendment 1359 #
2018/0243(COD)
Proposal for a regulation
Annex V – paragraph 1 – point e
Annex V – paragraph 1 – point e
(e) contribute to climate action and environmental protection and management; thus producing climate and environment co-benefits, allocating at least 50 % of the financing to investments that contribute to climate mitigation and adaptation, the protection and restoration of the environment, renewable energy and resource efficiency;
Amendment 1363 #
2018/0243(COD)
Proposal for a regulation
Annex V – paragraph 1 – point f
Annex V – paragraph 1 – point f
(f) contribute by promoting sustainable development, to addressing specific root causes of irregular migrationpoverty and inequalities as drivers of forced migration and displacement, as well as fostering the resilience of transit and host communities, and contributing to the sustainable reintegration of migrants returning to their countries of origin, with due regard to the strengthening of the rule of law, good governance, gender equality, social justice and human rights.
Amendment 1364 #
2018/0243(COD)
Proposal for a regulation
Annex V – paragraph 1 a (new)
Annex V – paragraph 1 a (new)
2. Non eligible are operations which, (a) are linked to the military or security sector (b) support the development of nuclear energy (c) further fossil fuel extraction and carbon lock-in (d) have significant environmental external costs (e) promote the use of genetically modified seeds (f) promote large-scale industrialised monoculture farming (g) are linked to mega-dams (h) are in sectors or projects that have risks of undermining the human rights in partner countries such as land grabbing and the forced displacement of populations. A publicly available ex ante human rights and environmental impact assessment shall be carried out to identify such risks.
Amendment 1367 #
2018/0243(COD)
Proposal for a regulation
Annex VI – point 2 – point 3
Annex VI – point 2 – point 3
3. The strategic board shall also support overall coordination, complementarity and coherence between the regional investment platforms, between the three pillars of the European Investment Plan, between the European Investment Plan and the Union’s other efforts on migration and on the implementation of the 2030 Agenda, as well as with other programmes set out in this Regulation.
Amendment 1368 #
2018/0243(COD)
Proposal for a regulation
Annex VI – point 2 – point 5
Annex VI – point 2 – point 5
5. The strategic board shall meet at least twice a year and, when possible, adopt opinions by consensus. Additional meetings may be organised at any time by the chair or at the request of one third of its members. Where consensus cannot be reached, the voting rights as agreed during the first meeting of the strategic board and laid down in its rules of procedure shall apply. Those voting rights shall take due account of the source of financing. The rules of procedure shall set out the framework regarding the role of observers. The minutes and agendas of the meetings of the strategic board shall, following their adoption, be made public.
Amendment 1370 #
2018/0243(COD)
(2a) Proportion of people living below 50 per cent of median income, by sex, age and persons with disabilities
Amendment 1371 #
2018/0243(COD)
Proposal for a regulation
Annex VII – point 9
Annex VII – point 9
(9) Political stability and absence of violence indicator in conjunction with reductions in drivers of conflict (e.g. political or economic exclusion) built on a baseline assessment
Amendment 1372 #
2018/0243(COD)
Proposal for a regulation
Annex VII – point 10 a (new)
Annex VII – point 10 a (new)
(10a) Amount of support to developing countries on research and development for sustainable consumption and production and environmentally sound technologies
Amendment 1373 #
2018/0243(COD)
Proposal for a regulation
Annex VII – point 10 b (new)
Annex VII – point 10 b (new)
(10b) Official development assistance and public expenditure on conservation and sustainable use of biodiversity and ecosystems
Amendment 1374 #
2018/0243(COD)
Proposal for a regulation
Annex VII – point 10 c (new)
Annex VII – point 10 c (new)
(10c) Sum of total grants and non-debt- creating inflows directly allocated to poverty reduction programmes as a proportion of GDP
Amendment 1375 #
2018/0243(COD)
Proposal for a regulation
Annex VII – point 10 d (new)
Annex VII – point 10 d (new)
(10d) Proportion of members and voting rights of developing countries in international organizations
Amendment 1376 #
2018/0243(COD)
Proposal for a regulation
Annex VII – point 10 e (new)
Annex VII – point 10 e (new)
(10e) Proportion of total agricultural population with ownership or secure rights over agricultural land, by sex; and (b) share of women among owners or rights-bearers of agricultural land, by type of tenure
Amendment 1377 #
2018/0243(COD)
Proposal for a regulation
Annex VII a (new)
Annex VII a (new)
Partner countries in relation to which Union assistance is suspended.
Amendment 21 #
2017/2191(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the efforts of the Commission to maintain regular contact with the members of Parliament’s competent committee; Asks the Commission to deliver more comprehensive feedback on the specific requests made in the European Parliament annual competition report;
Amendment 102 #
2017/2191(INI)
14. Reiterates that all market players should pay their fair share of tax; welcomes the Commission’s in-depth investigations into anti-competitive practices such as selective tax advantages and excess profit ruling systems; stresses that the reduction of tax fraud and tax avoidance is fundamental in order to consolidate sound public budgets; Underlines, therefore, the need to ensure broad access to information in order to trigger more investigations on suspicious cases;
Amendment 114 #
2017/2191(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for the revision of State aid guidelines on taxation to cover cases of unfair competition going beyond tax rulings and transfer pricing;
Amendment 125 #
2017/2191(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. WStrongly welcomes the Commission decision taken against Luxembourg on the illegal tax benefits granted to Amazon (around EUR 250 million) as well as its previous landmark decisions on illegal selective tax advantages in Ireland, Belgium and the Netherlands; calls on the Commission to claw back any illegal state in all comparable cases in order to guarantee equal treatment and restore a level playing field;
Amendment 130 #
2017/2191(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses that the timely recovery of illegal aid is indispensable for an effective state aid regime, capable of enforcing fair competition in the single market; supports the relevant actions taken by the Commission in relation to the Ireland/Apple case;
Amendment 132 #
2017/2191(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Considers that fair competition within the internal market can be hampered by tax planning as, new entrants and SMEs doing business only in one country are penalised as compared to MNCs, which can shift profits or implement other forms of aggressive tax planning through a variety of decisions and instruments, available to them only; notes with concern that, the resulting lower tax liabilities leave the latter with a higher post-tax profit and create an uneven playing field with their competitors on the single market, which do not have recourse to aggressive tax planning and keep the connection between where they generate profit and their place of taxation;
Amendment 133 #
2017/2191(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Underlines the importance of the establishment of CCCTB, the public disclosure of tax rulings, the review of the VAT Directive, the obligation on large international companies to report publicly their turnover and profits on a ‘country- by-country’ basis, for preventing distortions of competition by aggressive tax planning and tax evasion;
Amendment 134 #
2017/2191(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Welcomes the investigations of the Commission on selective tax advantages in Madeira; calls on the Commission to investigate in tax advantages provided in special economic zones or other regionally limited tax advantages and to report its findings to the Parliament;
Amendment 135 #
2017/2191(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Asks the Commission to enter into negotiations with all states and territories having a strong access to the common market and lack effective state aid controls against unfair tax competition, including Switzerland;
Amendment 136 #
2017/2191(INI)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Stresses the need to abide to the BRRD legal requirement that state aid to the banking sector should as a general rule trigger the resolution of the beneficiaries;
Amendment 138 #
2017/2191(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines that the bailout of Veneto Banca and Banca Popolare di Vicenza was based on the assumption that these were systemic banks in their region, and calls on the Commission to develop this line of thinking in compliance with EU rules and the bail-in principle; points out that in the case of Veneto Banca and Banca Popolare di Vicenza, albeit the SRB had concluded that resolution was not warranted in the public interest, the Commission indicated that it approved state aid on the basis that it mitigates economic disturbance at regional level, thus leading to the application of two different definitions of "public interest" one at the EU and one at regional level; stresses that such interpretation of state aid rules entrenches the limits set by Article 107 paragraph 3b TFEU, circumvents the rules set by the Bank Recovery and Resolution Directive, violates the spirit and letter of the banking communication which was meant for preserving financial stability and ignores that the purpose of the banking communication existed in a time when mechanisms allowing for the resolution of credit institutions without threatening financial stability were absent; urges, therefore, the Commission to reconsider its interpretation of the relevant state aid rules in a way consistent with the BRRD resolution framework and to revise its 2013 Banking Communication accordingly, including the area of “liquidation aid”;
Amendment 146 #
2017/2191(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Regrets the lack of transparency on state aid decisions; requests the Commission to proceed to their timely publication;
Amendment 160 #
2017/2191(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls its request to the Commission to examine whether the banking sector has benefited since the beginning of the crisis from implicit subsidies and state aid by means of the provision of unconventional liquidity support;
Amendment 199 #
2017/2191(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Encourages the Commission’s efforts to focus on the broader issue of competition enforcement in digital markets; strongly welcomes its coordinated actions on forcing “tech giants” to pay their “fair share” of tax;
Amendment 200 #
2017/2191(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Is concerned over the potential misuse of the large market share of online trading platforms; fears that a lack of competition can lead to excessively high fees harming small and medium sized enterprises and touristic regions; calls, in this respect, for a special investigation in trading platforms, considering the degree of concentration in the different submarkets and potentially abusive ranking criteria; asks in this respect to look into dominant hotel online booking platforms, in particular Booking.com;
Amendment 233 #
2017/2191(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Stresses that environmental externalities produced by the air transport industry should be carefully considered in the shaping of the EU aviation policy and legislation as well in the application of EU competition rules, in particular in the framework of the “advantage” and “compatibility” analysis of state aid measures; underlines in this respect that by internalising the “polluter pays principle”, the EU and Member States should achieve fair competition within the air transport sector as well as in the entire inter-model transport sector;
Amendment 271 #
2017/2191(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to analyse how lack of competition in certain parts of the food supply chain could be affecting prices and, the viability of many agricultural producers, and the choice of adapted varieties to agro-ecological conditions;
Amendment 275 #
2017/2191(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Welcomes the in-depth investigation by the Commission on the Monsanto-Bayer merger; is deeply alarmed by the fact that if the Monsanto- Bayer merger is approved, three companies (Chem China-Syngenta, Du Pont-Dow and Bayer-Monsanto) will own and sell up to 60 percent of world’s patented seeds and 64% of world’s pesticides/herbicides; points out that such level of concentration will undoubtedly lead to price rises, the increase of the technological and economic dependence of farmers on a few global integrated one- stop shop platforms, limited seed diversity, the direction of innovation activity away from the adoption of a production model that is respectful of the environment and biodiversity and finally to less innovation, due to reduced competition; asks, therefore, the Commission to carefully consider the context that several mergers are taking place simultaneously in the sector when looking at the level of concentration and the competitive effects of the merger on the various markets affected;
Amendment 287 #
2017/2191(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32b. Strongly urges the Commission to assess how mergers in the agricultural sector could lead to a significant impediment of effective competition not by employing a narrowly designed test that merely focuses on the effects of a merger on prices and output but by assessing the full social costs of such mergers taking into account their broader impact on environmental protection, as it is obliged to do by virtue of Article 11 TFEU, and the international obligations on biodiversity to which EU Member States and the EU should abide to;
Amendment 289 #
2017/2191(INI)
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
Amendment 23 #
2017/0116(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) It is important to ensure that the concept of fair competition does not narrowly focus on “equality of benefits”, as sustainable competitiveness underpinning the fair competition clause is an essential element in guaranteeing quality, productivity and innovation leading to a reduction of the environmental footprint of the air transport sector.
Amendment 28 #
2017/0116(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) However, any actions to ensure fair competition with third countries carriers, shall not impede the Union’s efforts to carefully examine its own inter- and intra-model of competition and in particular how its aviation sector has benefited from direct and indirect subsidisation as well as assess to which extent this artificially inflated demand for air transport and led to misallocation of resources.
Amendment 54 #
2017/0116(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) the situation of the Union air carrier(s) concerned, notably in terms of aspects such as frequency of services, utilisation of capacity, network effect, sales, market share, profits, return on capital, environmental protection, investment and employment;
Amendment 55 #
2017/0116(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) the foreseeable evolution of the situation of the Union air carrier(s) concerned notably in terms of frequency of services, utilisation of capacity, network effect, sales, market share, profits, return on capital, environmental protection, investment and employment;
Amendment 56 #
2017/0063(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) are a matter of public policy and should be applied effectively throughout the Union to ensure that competition in the internal market is not distorted. Effective enforcement of Articles 101 and 102 TFEU is necessary to ensure more openfairer competitive markets in Europe, where companies compete more on their merits and without company erected barriers to market entry, enabling them to generate wealth and create jobs. It protects consumers from business practices that keep the prices of goods and services artificially high and enhances their choice of innovative goods and services.
Amendment 60 #
2017/0063(COD)
Proposal for a directive
Recital 5
Recital 5
(5) National law prevents many NCAs from having the necessary guarantees of independence and enforcement and fining powers to be able to enforce these rules effectively. This undermines their ability to effectively apply Articles 101 and 102 TFEU and national competition law provisions in parallel to Articles 101 and 102 TFEU as appropriate. For example, under national law many NCAs do not have effective tools to find evidence of infringements of Articles 101 and 102 TFEU, to fine companies which break the law or do not have the resources they need to effectively apply Articles 101 and 102 TFEUadequate human and financial resources and the budgetary autonomy they need to effectively apply Articles 101 and 102 TFEU. Over the last years, several NCAs have seen their budget and staffing being reduced, threatening the proper functioning of NCAs and the fulfilment of their missions. This can prevent them from taking action at all or results in them limiting their enforcement action. The lack of operational tools and guarantees of many NCAs to effectively apply Articles 101 and 102 TFEU means that undertakings engaging in anti-competitive practices can face very different outcomes of proceedings depending on the Member States in which they are active: they may be subject to no enforcement at all under Articles 101 or 102 TFEU or to ineffective enforcement. For example, in some Member States, undertakings can escape liability for fines simply by restructuring. Uneven enforcement of Articles 101 and 102 TFEU and national competition law provisions applied in parallel to Articles 101 and 102 TFEU results in missed opportunities to remove barriers to market entry and to create more openfairer competitive markets throughout the European Union where undertakings compete on their merits. Undertakings and consumers particularly suffer in those Member States where NCAs are less-equipped to be effective enforcers. Undertakings cannot compete on their merits where there are safe havens for anti- competitive practices, for example, because evidence of anti- competitive practices cannot be collected or because undertakings can escape liability for fines. They therefore have a disincentive to enter such markets and to exercise their rights of establishment and to provide goods and services there. Consumers based in Member States where there is less enforcement miss out on the benefits of effective competition enforcement. Uneven enforcement of Articles 101 and 102 TFEU and national competition law provisions applied in parallel to Articles 101 and 102 TFEU throughout Europethe Union thus distorts competition in the internal market and undermines its proper functioning.
Amendment 62 #
2017/0063(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Gaps and limitations in NCAs' tools and guarantees undermine the system of parallel powers for the enforcement of Articles 101 and 102 TFEU which is designed to work as a cohesive whole based on close cooperation within the European Competition Network. This system depends on authorities being able to rely on each other to carry out fact-finding measures on each other's behalf in order to foster Member States’ cooperation and mutual assistance. However it does not work well when there are still NCAs that do not have adequate fact- finding tools. In other key respects, NCAs are not able to provide each other with mutual assistance. For example, in the majority of Member States, undertakings operating cross-border are able to evade paying fines simply by not having a legal presence in some of the territories of Member States in which they are active. This reduces incentives to comply with Articles 101 and 102 TFEU. The resulting ineffective enforcement distorts competition for law-abiding undertakings and undermines consumer confidence in the internal market, particularly in the digital environment.
Amendment 65 #
2017/0063(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Conversely, detailed rules are necessary in the area of conditions for granting leniency for secret cartels. Companies will only come clean about secret cartels in which they have participated if they have sufficient legal certainty about whether they will benefit from immunity from fines. The marked differences between the leniency programmes applicable in the Member States lead to legal uncertainty for potential leniency applicants, which may weaken their incentives to apply for leniency. Marked differences could also potentially lead to several members of a secret-cartel attempting to seek benefit from leniency programmes in different Member States. If Member States could implement or apply either less or more restrictiveclearer and harmonised rules for leniency in the area covered by this Directive, this would not only go counter togo towards the objective of maintaining incentives for applicants in order to render competition enforcement in the Union as effective as possible, butand would also risk jeopardising theguarantee a level playing field for undertakings operating in the internal market. This does not prevent Member States from applying leniency programmes that do not only cover secret cartels, but also other infringements of Articles 101 and 102 TFEU and equivalent national provisions.
Amendment 70 #
2017/0063(COD)
Proposal for a directive
Recital 14
Recital 14
(14) The independence of NCAs should be strengthened in order to ensure the effective and uniform application of Articles 101 and 102 TFEU. To this end, express provision should be made in national law to ensure that when applying Articles 101 and 102 TFEU NCAs are protected against external intervention or political pressure liable to jeopardise their independent assessment of matters coming before them. For that purpose, rules should be laid down in advance regarding the grounds for the dismissal of the members of the decision-making body of the NCAs in order to remove any reasonable doubt as to the impartiality of that body and its imperviousness to external factors. In addition, budgetary independence of NCAs should be guaranteed in national law.
Amendment 72 #
2017/0063(COD)
Proposal for a directive
Recital 15
Recital 15
(15) To ensure the independence of NCAs, their staff and members of the decision-making body should act with integrity and refrain from any action which is incompatible with the performance of their duties. The need to prevent the independent assessment of staff or members of the decision-making body being jeopardised entails that during their employment and term of office and for a reasonable period thereafter, they should refrain from any incompatible occupation, whether gainful or not. They should also declare any potential incompatible occupation of their close relatives. Furthermore, this also entails that during their employment and their term of office, they should not have an interest in any businesses or organisations which have dealings with a NCA to the extent that this has the potential to compromise their independence. The staff and the members of the decision-making body should declare any interest or asset which might create a conflict of interests in the performance of their duties, including any such interest of asset of their close relatives. They should be required to inform the decision-making body, the other members thereof or, in the case of NCAs in which the decision- making power rests with only one person, their appointing authority, if, in the performance of their duties, they are called upon to decide on a matter in which they or their close relatives have an interest which might impair their impartiality. In addition, Member States should ensure that a cooling off period exists for members of the decision-making body for a certain time after they leave the NCA.
Amendment 76 #
2017/0063(COD)
Proposal for a directive
Recital 17
Recital 17
(17) NCAs should be able to prioritise their proceedings and their budget spending for the enforcement of Articles 101 and 102 TFEU to make effective use of their resources, and to allow them to focus on preventing and bringing to an end anti-competitive behaviour that distorts competition in the internal market. To this end, they should be able to reject complaints on the grounds that they are not a priority. This should be without prejudice to the power of NCAs to reject complaints on other grounds, such as lack of competence or to decide there are no grounds for action on their part. The power of NCAs to prioritise their enforcement proceedings is without prejudice to the right of a government of a Member State to issue general policy or priority guidelines to national competition authorities that are not related to specific proceedings for the enforcement of Articles 101 and 102 TFEU.
Amendment 82 #
2017/0063(COD)
Proposal for a directive
Recital 18
Recital 18
(18) NCAs should have the necessaryadequate resources, in terms of staff, expertise, financial means and technical equipment, to ensure they can effectively perform their tasks when applying Articles 101 and 102 TFEU. In case their duties and powers under national law are extended, the resources that are necessaryeded to perform those tasks should still be sufficient.
Amendment 86 #
2017/0063(COD)
Proposal for a directive
Recital 26
Recital 26
(26) NCAs should have effective powers to require information to be supplied as is necessaryrelevant to detect any agreement, decision or concerted practice prohibited by Article 101 TFEU or any abuse prohibited by Article 102 TFEU. This should include the right to require information irrespective of where it is stored, provided it is accessible to the addressee of the request for information. Experience shows that information provided on a voluntary basis by third parties, such as competitors, customers and consumers in the market, can also be a valuable source of information for informed and robust enforcement and NCAs should encourage this.
Amendment 88 #
2017/0063(COD)
Proposal for a directive
Recital 27
Recital 27
(27) NCAs should have effective means to restore competition on the market by imposing proportionate structural and behavioural remedies. Interim measures constitute a very useful tool for NCAs to guarantee, before the end of an investigation, that competition rules are respected and that investigated infringements are not perpetuating anti- competitive behaviours by undertakings. Interim measures should remain in place as long as a final decision on the case has been adopted.
Amendment 89 #
2017/0063(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Where in the course of proceedings which may lead to an agreement or a practice being prohibited, undertakings or associations of undertakings offer NCAs commitments which meet their concerns, these authorities should be able to adopt decisions which make these commitments binding on, and enforceable against, the undertakings concerned, except in cases of secret cartels. Such commitment decisions should find that there are no longer grounds for action by the NCAs without concluding as to whether or not there has been an infringement of Article 101 TFEU or Article 102 TFEU. Commitment decisions are without prejudice to the powers of competition authorities and courts of the Member States to make such a finding of an infringement and decide upon a case. NCAs should have the effective means to monitor compliance by undertakings with commitments and to impose sanctions in case of non- compliance.
Amendment 96 #
2017/0063(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To ensure that the fines imposed for infringements of Articles 101 and 102 TFEU reflect the economic significance of the infringement, NCAs should take into account the gravity of the infringement. NCAs should also be able to set fines that are proportionate to the duration of the infringement. These factors should be assessed in accordance with the case law of the Court of Justice of the European Union. In particular, as regards the assessment of the gravity of an infringement, the Court of Justice of the European Union has established that consideration must be given to the circumstances of the case, the context in which the infringement occurred and the deterrent effect of the fines. Factors that may form part of this assessment are the turnover for the goods and services in respect of which the infringement was committed and the size and economic power of the undertaking, as they reflect the influence the undertaking was able to exert on the market. Moreover, the existence of repeated infringements by the same perpetrator shows its propensity to commit such infringements and is therefore a very significant indication of the gravity of the conduct in question and accordingly of the need to increase the level of the penalty to achieve effective deterrence. When determining the fine to be imposed, NCAs should consider the value of the undertaking’s sales of goods and services to which the infringement directly or indirectly relates. Similarly, NCAs should be entitled to increase the fine to be imposed on an undertaking or association of undertakings that continues the same, or commits a similar, infringement after the Commission or a national competition authority has taken a decision finding that the same undertaking or association of undertakings has infringed Articles 101 or 102 TFEU. Under no circumstances can compensation paid by an undertaking as a result of a settlement be deducted from the amount of the fine.
Amendment 101 #
2017/0063(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The deterrent effect of fines differs widely across Europe and in some Member States the maximum amount of the fine that can be set is very low. To ensure NCAs can set deterrent fines, the maximum amount of the fine should be set at least at a level of not less than 10% of the total worldwide turnover of the undertaking concerned. This should not prevent Member States from maintaining or introducing a higher maximum amount of the fine.
Amendment 108 #
2017/0063(COD)
Proposal for a directive
Recital 37
Recital 37
(37) NCAs should grant undertakings immunity from, and reductions of, fines if certain conditions are met. Undertakings should be deemed to have provided a national competition authority or the Commission with evidence in respect of a secret cartel which enables the finding of an infringement of Article 101 TFEU if that national competition authority did not have sufficient evidence to find an infringement of Article 101 TFEU in connection with the same cartel at the time of the submission by the undertaking of such evidence.
Amendment 109 #
2017/0063(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Applicants should have the possibility to apply for leniency in writing or, where appropriate, by other means that do not result in the production of documents, information, or other materials in the applicant's possession, custody, or control. To that effect, NCAs should have a system in place that enables them to accept leniency statements either orally or by other means, including in digital form. In order to facilitate the application to leniency programmes by undertakings, Member States shall ensure that leniency applications can be accepted by national competition authorities in any of the working languages of the Union.
Amendment 110 #
2017/0063(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Applicants which have applied for leniency to the European Commission in relation to an alleged secret cartel should be able to file summary applications in relation to the same cartel to the NCAs that they deem appropriate. NCAs should accept summary applications that contain a minimum set of information in relation to the alleged cartel an. NCAs willing to investigate cases for which they receive summary applications should contact the European Commission and both institutions should agree on which takes the lead. If the NCA receiving the summary application does not manifest its willingness to investigate the case, it should not request additional information beyond thise minimum set before ithey intends to act on the case. However, the onus is on applicants to inform the NCAs to which they have submitted summary applications if the scope of their leniency application with the Commission changes. NCAs should provide applicants with an acknowledgement stating the date and time of receipt, and inform the applicant whether they have already received a previous summary or leniency application in relation to the same cartel. OncIn case the Commission has decided not to act on the case in whole or partially, applicants should have the opportunity to submit full leniency applications to the NCAs to which they have submitted summary applications.
Amendment 111 #
2017/0063(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Legal uncertainty as to whether undertakings̕ employees are shielded from individual sanctions can prevent potential applicants from applying for leniency. Current and former employees and directors of undertakings that apply for immunity from fines to competition authorities should thus be protected from any sanctions imposed by public authorities for their involvement in the secret cartel covered by the application. Such protection should be dependent on these employees and directors actively cooperating with the NCAs concerned and the immunity application predating the start of the criminal proceedings. Under strict conditions, Member States may decide to shield employees from individual sanctions when the immunity application is made after the start of the criminal proceedings.
Amendment 112 #
2017/0063(COD)
Proposal for a directive
Recital 41
Recital 41
(41) In a system of parallel powers to apply Articles 101 and 102 TFEU, close cooperation is required between NCAs and between NCAs and the Commission. In particular when a NCA carries out an inspection on behalf of another NCA pursuant to Article 22(1) of Council Regulation (EC) No 1/2003, the presence and assistance of the officials from the requesting authority should be enabled to enhance the effectiveness of such inspections by providing additional resources, knowledge and technical expertise.
Amendment 113 #
2017/0063(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Similarly, arrangements should be put in place to allow NCAs to request mutual assistance for the notification of preliminary objections and decisions and the enforcement of decisions imposing fines or period penalties when the undertaking concerned has no legal presence in their territory. This would ensure the effective enforcement of Articles 101 and 102 TFEU and contribute to the proper functioning of the internal market. In order to incentivise mutual assistance, the requested authorities should be able to claim the recovery of relevant costs for the notification and enforcement of such decisions.
Amendment 114 #
2017/0063(COD)
Proposal for a directive
Recital 45
Recital 45
Amendment 115 #
2017/0063(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out certain rules to ensure that national competition authorities have the necessary guarantees of independence and resources and enforcement and fining powers to be able to effectively apply Articles 101 and 102 TFEU so that competition in the internal market is not distorted and consumers and undertakings, especially small and medium-sized enterprises, are not put at a disadvantage by national laws and measures which prevent national competition authorities from being effective enforcers. The scope of the Directive covers the application of Articles 101 and 102 TFEU and national competition law provisions applied in parallel to Articles 101 and 102 TFEU to the same case, with the exception of Article 29(2) which also extends to national competition law applied exclusively.
Amendment 124 #
2017/0063(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) The staff and the members of the decision-making body of national administrative competition authorities can perform their duties and exercise their powers for the application of Articles 101 and 102 TFEU independently from political and other external influence. In particular, members of the decision- making body of national administrative competition authorities shall not be appointed by a political authority;
Amendment 126 #
2017/0063(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) The staff and the members of the decision-making body of national administrative competition authorities neither seek nor take any instructions from any government or other public or private entity when recruiting staff, carrying out their duties and exercising their powers for the application of Articles 101 and 102 TFEU;
Amendment 136 #
2017/0063(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) National administrative competition authorities have the power to set their priorities and request external expertise and research, if needed, for carrying out tasks for the application of Articles 101 and 102 TFEU as defined in Article 5(2). To the extent that national administrative competition authorities are obliged to consider complaints which are formally filed, this shall include the power of those authorities to reject such complaints on the grounds that they do not consider them to be a priority. This is without prejudice to the power of national competition authorities to reject complaints on other grounds defined by national law.
Amendment 138 #
2017/0063(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(ea) The members of the decision- making body of national administrative competition authorities are subject to a one year cooling off period after they leave their functions, during which they cannot be working for undertakings which have been investigated by their respective authority over the last five years. All staff and members of the decision-making body shall when being recruited, and every year after, fill in a form to disclose any potential conflict of interests that they or their close relatives could have with a case. National competition authorities shall have procedures in place to ensure that staff can recuse themselves in case a conflict of interests arises at the start or during an investigation.
Amendment 150 #
2017/0063(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that national competition authorities have the sufficient human, financial and technical resources that are necessarytheir disposition for the effective performance of their duties and exercise of their powers when applying Articles 101 and 102 TFEU as defined in paragraph 2.
Amendment 151 #
2017/0063(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall guarantee the budgetary autonomy of national competition authorities, including the full autonomy on the allocation of their budget and the capacity to identify budget priorities, as well as the guarantee that their yearly allocated budgets cannot be decreased during the financial year of allocation.
Amendment 153 #
2017/0063(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that National Competition Authorities submit annual reports on their activities and on their resources to a governmental or parliamentary body. These reports shall be publicly available. The Commission is empowered to initiate on a case by case basis infringement procedures against Member States which would not guarantee adequate resources and budgetary autonomy to NCAs to perform their tasks.
Amendment 171 #
2017/0063(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall ensure that national administrative competition authorities may by decision require undertakings and associations of undertakings to provide all necessary information for the application of Articles 101 and 102 TFEU within a specified time limit. This obligation shall cover information which is accessible to the undertaking and association of undertakings.
Amendment 177 #
2017/0063(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that national administrative competition authorities acting on their own initiative may by decision order the imposition of interim measures on undertakings at leastincluding in cases where there is urgency due to the risk of serious and irreparable harm to competition and on the basis of a prima facie finding of an infringement of Article 101 or Article 102 TFEU. Such a decision shall apply for a specific peruntil a final decisiodn ofn timehe case is adopted and may be renewed in so far that is necessary and appropriate. Such a decision may continue to apply even in cases when the Commission has decided to open a case, and until a final decision is adopted.
Amendment 181 #
2017/0063(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that in proceedings initiated with a view to a decision requiring that an infringement of Article 101 or Article 102 TFEU be brought to an end, national competition authorities may by decision make binding commitments offered by undertakings to meet the concerns expressed by these authorities. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the national competition authority concerned. Member States shall ensure that national competition authorities are sufficiently empowered to monitor the proper implementation of such commitments.
Amendment 185 #
2017/0063(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Without prejudice to national laws of the Member States which provide for the imposition of sanctions in criminal judicial proceedings, Member States shall ensure that national administrative competition authorities may either impose by decision in administrative proceedings, or request in non-criminal judicial proceedings the imposition of effective, proportionate and deterrent pecuniary fines on undertakings and associations of undertakings when, either intentionally or negligently, they infringe Articles 101 or 102 TFEU.
Amendment 189 #
2017/0063(COD)
Proposal for a directive
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
2. Without prejudice to national laws of the Member States which provide for the imposition of sanctions in criminal judicial proceedings, Member States shall ensure that national administrative competition authorities may either impose by decision in administrative proceedings, or, request in non-criminal judicial proceedings the imposition of effective, proportionate and deterrent pecuniary fines on undertakings or associations of undertakings which are determined in proportion to their total turnover, where intentionally or negligently:
Amendment 193 #
2017/0063(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that when national competition authorities determine the amount of the fine for an infringement of Article 101 or Article 102 TFEU regard is had both to the gravity and to the duration of the infringement, the duration of the infringement and the repetition of the prohibited conduct. Member States shall ensure that compensation payments disbursed by an undertaking as a result of a settlement cannot be deducted from the amount of the fine.
Amendment 198 #
2017/0063(COD)
Where necessary to ensure the full payment of the fine, Member States shall ensure that national competition authorities are entitled to require the payment of the outstanding amount of the fine by any of the undertakings whose representatives were members of the decision-making bodies of the association. To the extent that it is still necessary, national competition authorities shall also be entitled to require the payment of the outstanding amount of the fine by any of the members of the association which were active on the market on which the infringement occurred. However, payment shallmay not be required from those members of the association that did not implement the infringement and either were not aware of it or have actively distanced themselves from it before the investigation started.
Amendment 201 #
Amendment 207 #
2017/0063(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that the maximum amount of the fine a national competition authority may impose on each undertaking or association of undertakings participating in an infringement of Articles 101 or 102 TFEU should not beis at least set at a level belowof 10% of its total worldwide turnover in the business year preceding the decision.
Amendment 217 #
2017/0063(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Where an infringement by an association of undertakings relates to the activities of its members, the maximum amount of the fine shall not be set at least at a level belowof 10 % of the sum of the total worldwide turnover of each member active on the market affected by the infringement of the association. However, the financial liability of each undertaking in respect of the payment of the fine shall not exceed the maximum amount set in accordance with paragraph 1.
Amendment 225 #
2017/0063(COD)
Proposal for a directive
Article 16 – paragraph 2 – point c – point ii
Article 16 – paragraph 2 – point c – point ii
ii. in the national competition authority's view, enables the finding of an infringement of competition law, provided that the national competition authority did not yet have in its possession evidence to find such an infringement and that no other undertaking previously qualified for immunity at the European or national levels under paragraph 2(c)(i) in relation to the same cartel.
Amendment 228 #
2017/0063(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b – point i
Article 18 – paragraph 1 – point b – point i
i. providing the national competition authority promptly with all relevant information and evidence relating to the alleged secret cartel that comes into its possession or is available to it; , including: – the name and address of the legal entity submitting the immunity application, – the names of all other undertakings that participate or participated in the alleged secret cartel, – a detailed description of the alleged cartel, including the affected products, the affected territories, the duration and the nature of the alleged cartel conduct, – evidence of the alleged cartel accessible to the applicant, – information on any past or possible future leniency applications made to any other national competition authority or to the Commission in relation to the alleged cartel.
Amendment 229 #
2017/0063(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall ensure that applicants can apply for leniency in writing and that national competition authorities have a system in place that enables them to accept leniency statements either orally or by other means that do not result in the production of documents, information, or other materials in the applicant’s possession, custody, or control. Any application for the leniency programme shall however result in the production of an acknowledgment stating the date and time of receipt.
Amendment 231 #
2017/0063(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Member States shall ensure that applications for leniency may be submitted in any of the official languages of the Union.
Amendment 233 #
2017/0063(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States shall ensure that national competition authorities have discretion whether or not to grant a marker. A marker maybe granted only if the undertaking provides the national competition authority with the following cumulative information: i. the name and address of the applicant; ii. the basis for the concern which resulted in the leniency application; iii. the names of all other undertakings participating or having participated in the alleged secret cartel; iv. the affected products and territories; v. the duration and the nature of the alleged cartel conduct; vi. information on any past or possible future leniency applications made to any other competition authority in relation to the alleged secret cartel.
Amendment 235 #
2017/0063(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that if a national competition authorities refrain from requesting from the applicant any information related to the alleged infringement covered by the summary application beyond the items set out in paragraph 2 before they require the submission of a full applicy is willing to investigate the case mentioned in a summary application, it shall inform the Commission in written within a deadline of 30 working days after receiving the summary application. The Commission and the national competition authority shall agree on who takes the lead on the investigation pursuant to paragraph 6Article 22c.
Amendment 237 #
2017/0063(COD)
Proposal for a directive
Article 21 – paragraph 6
Article 21 – paragraph 6
6. In cases others than those referred in paragraph 3, Member States shall ensure that applicants have the opportunity to submit full leniency applications, perfecting the summary applications referred to in paragraph 1, to the national competition authorities concerned, once the Commission has informed those authorities that it does not intend to act on the case in whole or in part. Member States shall ensure that national competition authorities have the power to specify a reasonable period of time within which the applicant must submit the full application together with the corresponding evidence and information.
Amendment 239 #
2017/0063(COD)
Proposal for a directive
Article 21 – paragraph 7
Article 21 – paragraph 7
7. Member States shall ensure that if the applicant submits the full application in accordance with paragraph 6, within the period specified by the national competition authority, the information contained therein will be deemed to have been submitted at the date and time of the summary application. If the applicant had submitted the summary application no later than 5 working days after filing the leniency application to the Commission, the summary application will be deemed to have been submitted at the date and time of the leniency application submitted to the Commission.
Amendment 243 #
2017/0063(COD)
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
In cases where the immunity application is filled by an undertaking after the start of investigations by the national competition authorities but presents new facts and a significant added value for the purpose of proving an infringement of Article 101 TFEU or a corresponding provision under national law, Member States may adopt provisions allowing former employees of applicants for immunity a protection from any criminal and administrative sanctions, if these employees actively cooperate with the competition authorities concerned.
Amendment 244 #
2017/0063(COD)
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22a Interplay between leniency programmes in different Member States In order to prevent cases of double immunity, Member States shall ensure that when several undertakings participating to the same secret cartel have filled different leniency applications with different national competition authorities or the Commission, only the first leniency application is considered admissible.
Amendment 245 #
2017/0063(COD)
Proposal for a directive
Article 22 b (new)
Article 22 b (new)
Article 22b Incentive to report secret cartels and other anti-competitive practices Member States are strongly encouraged to ensure that their national competition authorities put in place an online tool to make it easier for individuals to alert about secret cartels and other anti- competitive practices while maintaining their anonymity.
Amendment 246 #
2017/0063(COD)
Proposal for a directive
Article -23 (new)
Article -23 (new)
Article -23 Cooperation between national competition authorities and the Commission 1. Member States shall ensure that in cases of secret cartels covering at least three Member States, the Commission services are automatically competent to open an investigation and national competition authorities shall refer them such cases. 2. In cases referred to in Article 21 paragraph 3, and without prejudice to the paragraph above, national competition authorities and the Commission shall enter into dialogue on which institution is best placed to start an investigation. Unless the need for a pan-European investigation is demonstrated or in cases where no agreement has been found within 30 working days, the national competition authority is deemed to have priority to open a case. If the Commission takes the lead in opening an investigation, the national competition authorities shall refrain from requesting from the applicant any information related to the alleged infringement covered by the summary application beyond the items set out in Article 21 paragraph 2 before they require the submission of a full application pursuant to Article 21 paragraph 6.
Amendment 248 #
2017/0063(COD)
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
In case of positive conflict of jurisdictions for investigation between two or more national competition authorities and where no agreement is found on who takes the lead to investigate, the Commission shall be tasked to nominate the national competition authorities deemed best placed to open a case.
Amendment 255 #
2017/0063(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
Amendment 264 #
2017/0063(COD)
Proposal for a directive
Article 31 – title
Article 31 – title
Amendment 266 #
2017/0063(COD)
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
The European Competition Network shall publish as often as necessary and useful recommendations and best practices from different national competition authorities regarding independence, resources, powers, fines and assistance programmes.
Amendment 41 #
2017/0003(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The content of eElectronic communications may reveal highly sensitive information about the natural persons involved in the communication, from personal experiences and emotions to medical conditions, sexual preferences and political views, the disclosure of which could result in personal and social harm, economic loss or embarrassment. Similarly, metadata derived from electronic communications may also reveal very sensitive and personal information. These metadata includThese data include text, voice, videos, images, sounds, IP and MAC addresses, the numbers called, the websites visited, geographical location, the time, date and duration when an individual made a call etc., allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication, such as their social relationships, their habits and activities of everyday life, their interests, tastes etc.
Amendment 44 #
2017/0003(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Pursuant to Article 8(1) of the Charter and Article 16(1) of the Treaty on the Functioning of the European Union, everyone has the right to the protection of personal data concerning him or her. Regulation (EU) 2016/679 lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. Electronic communications data may include personal data as defined in Regulation (EU) 2016/679 while in the case of natural persons electronic communications data is always personal data.
Amendment 46 #
2017/0003(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 49 #
2017/0003(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should apply to providers of electronic communications services, to providers of publicly available directories, and to software providers permitting electronic communications, including the retrieval and presentation of information on the internet. This Regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collect information related to, using the input/output, the communication and processing capabilities or stored in end- users’ terminal equipment.
Amendment 63 #
2017/0003(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as 'hotspots' situated at different places within a city, department stores, shopping malls and hospitals. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. In contrast, this Regulation should not apply to closed groups of end-users such as corporate irrespective of whether these services and networks, access to which is limited to members of the corporationre publicly available or not.
Amendment 64 #
2017/0003(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged (electronic communications content) and the information concerning an end-user of electronic communications services processed for the purposes of transmitting, distributing or enabling the exchange of electronic communications content; including data to trace and identify the source and destination of a communication, geographical location and the date, time, duration and the type of communication. Whether such signals and the related data are conveyed by wire, radio, optical or electromagnetic means, including satellite networks, cable networks, fixed (circuit- and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this Regulation. Data generated, processed or transmitted by interpersonal communications services for the purpose of sending, transmitting or receiving such communications should be considered as electronic communications metadata from the perspective of the providers of these services but should still be considered as electronic communications content from the perspective of Internet access providers. Electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting, distributing or exchanging electronic communications content.
Amendment 68 #
2017/0003(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Electronic communications data should be treated as confidential. This means that any interference with the transmission of electronic communications data, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibited. The prohibition of interception of communications data should apply during For the purpose of this act, interfering means the processing of electronic communications for any purpose not requested by all end-users concerned, whetheir conveyance, i.e. until resuch process is carried out before, during or after the transmission of communications and includes the interceipt of the content of the electronic communication by the intended addressee. Interception ofion. The prohibition of interference, including interception of communications data should apply at all levels and steps of the communication, including the storage of communication data. . Interference with electronic communications data may occur, for example, when someone other than the communicating parties, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata for purposes other than the exchange of communications. Interception ference also occurs when third parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concerned. As technology evolves, the technical ways to engage in interceptionference have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interceptionference include capturing payload data or content data from unencrypted wireless networks and routers, including browsing habits without the end-users' consent.
Amendment 73 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end-users consent. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end- users' consent to process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 75 #
2017/0003(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) End-users may consent to the processing of their metadata to receive specific services such as protection services against fraudulent activities (by analysing usage data, location and customer account in real time). In the digital economy, services are often supplied against counter- performance other than money, for instance by end-users being exposed to advertisements. For the purposes of this Regulation, consent of an end-user, regardless of whether the latter is a natural or a legal person, should have the same meaning and be subject to the same conditions as the data subject's consent under Regulation (EU) 2016/679. Basic broadband internet access and voice communications services are to be considered as essential services for individuals to be able to communicate and participate to the benefits of the digital economy. Consent for processing data from internet or voice communication usage will not be valid if the data subject has no genuine and free choice, or is unable to refuse or withdraw consent without detrimConsent for processing data will not be valid if the data subject has no genuine and free choice, or is unable to refuse or withdraw consent without detriment. As provided by article 7 of the Regulation (EU) 2016/679, consent is not freely given if it is required to access any service or obtained through insisting and repetitive requests. In order to prevent such abusive requests, end- users shall be able to order service providers to remember their choice not to consent.
Amendment 77 #
2017/0003(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The content of eElectronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any interference with the content of electronic communications data should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content ofelectronic communications data, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end- user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service. After electronic communications contentdata has been sent by the end-user and received by the intended end- user or end- users, it may be recorded or stored by the end-user, end-users or by a third party entrusted by them to record or store such data. Any processing of such data must comply with Regulation (EU) 2016/679.Where communications data are stored by a third party, this third party shall protect with state of the art security measures applied from end to end, such as encryption, any information whose processing is not necessary to provide the service requested by the end-user.
Amendment 86 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘'accept all cookies’', which prevents end-users from providing informed and freely given consent, overloading them with requests. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to preventby default prevents cross-domain and cross-devices tracking and third parties from storing information on the terminal equipment or requesting end-users' consent for that; this is often presented as ‘'reject third party trackers and cookies’'. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘'never accept cookies’trackers and cookies but always reject them') to lower (for example, ‘'always acceptsk whether to accept trackers and cookies’') and intermediate (for example, ‘'reject third party cookies’ or ‘only accept first party cookiesall trackers and cookies that are not strictly necessary in order to provide a service explicitly requested by the user’ or ‘reject all cross-domain tracking’). Such privacy settings should be presented in a ann objective, easily visible and intelligible manner.
Amendment 91 #
2017/0003(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 101 #
2017/0003(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation sis withouldt provide forejudice to the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restrictionset under this Regulation when such a restriction is targeted to suspects, requires prior judicial authorisation, and constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or a monitoring, inspection or regulatory functioof the Union or of a Member State. Those restrictions should be in accordance with the requirements set out in the Charter and in the European cConnected to the exercise of official authority for such interestvention for the Protection of Human Rights and Fundamental Freedoms. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).
Amendment 120 #
2017/0003(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to : (a) the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to, irrespective of whether a payment of the end-user is required; (b) the processing of information related to or processed by the terminal equipment of end-users. ; (d) the provision of publicly available directories of users of electronic communication;
Amendment 122 #
2017/0003(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 123 #
2017/0003(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The processing of electronic communications data by the Union institutions, bodies, offices and agencies insofar as they are not publicly available, originating or having as destination public networks is governed by Regulation (EU) 00/0000 [new Regulation replacing Regulation 45/2001].
Amendment 124 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. This Regulation applies to: the activities referred to in Article 2 where the user or end-user is in the Union or where the communications services, hardware, software, directories, or direct marketing commercial electronic communications are provided to users or end-users in the Union.
Amendment 125 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 126 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 127 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 129 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The representative shall have the power to answer questions and provide information in addition to or instead of the provider it represents, in particular, to supervisory authorities, and end-users, on all issues related to processing electronic communications datathe activities referred to in Article 2 for the purposes of ensuring compliance with this Regulation.
Amendment 130 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. The designation of a representative pursuant to paragraph 2 shall be without prejudice to legal actions, which could be initiated against a natural or legal person who processes electronic communications data in connection with the provision of electronic communications services from outside the Union to end-users inundertake the activities referred to in Article 2 from outside the Union.
Amendment 134 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of point (b) of paragraph 1, the definition of ‘interpersonal communications service’ shall include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service.:
Amendment 135 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) ‘'electronic communications content’' means the content transmitted, distributed or exchanged by means of electronic communications services, such as text, voice, videos, images, and sound, including electronic communications metadata of other electronic communications services or protocols that are transmitted by using the respective service;
Amendment 138 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) ‘'electronic communications metadata’' means data processed in an electronic communications networkgenerated, transmitted or processed for the purposes of transmitting, distributing or exchanging electronic communications content;, including data used to trace and identify the source and destination of a communication, data on the lo; electronic identifiers and other data broadcasted or emitted by the terminal equipment to identify users' communication ofr the device generated in the context of providing electronic communications services, and the date, time, duration and the type of communicationo enable it to connect to an electronic communications service or to another terminal equipment, data on the location of the terminal equipment processed in the context of providing electronic communications services, and the date, time, duration and the type of communication; where metadata of other electronic communications services or protocols are transmitted, distributed or exchanged by using the respective service, they shall be considered electronic communications content for the respective service;
Amendment 143 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘'direct marketing communications’' means any form of advertising, whether in written, audio, video, oral oral, sent any other format, sent, broadcast, served or presented to one or more identified or identifiable end-users of electronic communications services, including the use of automated calling and communication systems with or without human interaction, electronic mail, SMS, etc.;
Amendment 147 #
2017/0003(COD)
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
PROTECTION OF ELECTRONIC COMMUNICATIONS OF NATURAL AND LEGAL PERSONS AND OF INFORMATION STORED INPROCESSED BY AND RELATED TO THEIR TERMINAL EQUIPMENT
Amendment 148 #
2017/0003(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Confidentiality of electronic communications data
Amendment 150 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any processing of electronic communications data, including any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation. This includes electronic communications data that is stored after the transmission has been completed.
Amendment 153 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Confidentiality of electronic communications shall also apply to data related to or processed by terminal equipment and to machine-to-machine communication.
Amendment 156 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of electronic communications networks and services may process electronic communications data only if:
Amendment 158 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) it is technically and strictly necessary to achieve the transmission of the communication, for the duration necessary for that purpose; or
Amendment 162 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is technically and strictly necessary to maintain or restore the security ofavailability, integrity and confidentiality of the respective electronic communications networks and or services, or to detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.; or
Amendment 164 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the users concerned have given their consent to the processing of his or her electronic communications data, provided that it is technically and strictly necessary for the provision of an information society service explicitly requested by a user for his or her purely individual usage, solely for the provision of the explicitly requested service and only for the duration necessary for that purpose and without the consent of all users, only where such processing produces effects solely in relation to the user who requested the service and does not adversely affect the fundamental rights of other users.
Amendment 166 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Before processing electronic communications data, the provider shall carry out a data protection impact assessment pursuant to Article 35 of Regulation (EU) 2016/679, and if necessary a prior consultation with the supervisory authority pursuant to Article 36 of Regulation (EU) 2016/679.
Amendment 170 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Providers of electronic communications services may process electronic communications metadata only if:
Amendment 172 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it is technically and strictly necessary to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code] or Regulation (EU) 2015/212028 for the duration necessary for that purpose; or _________________ 28 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1–18).
Amendment 175 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it is strictly necessary for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusive use of, or subscription to, electronic communications services and the user has given his or hers consent to such processing; or
Amendment 177 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-all users concerned hasve given his or hertheir specific consent to the processing of his or their communications metadata by the respective electronic communications service for one or more specified purposes, including for the provision of specific services to such end-users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymoudata that is made anonymous, and the consent has not been a condition to access or use a service. Providers have to consult the supervisory authority before such processing occurs.
Amendment 185 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. Providers of the electronic communications services may process electronic communications content only if:
Amendment 186 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
Amendment 190 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) if all end-users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous, and the provider has consulted the supervisory authority. Points (2) and (3) of Article 36 of Regulation (EU) 2016/679 shall apply to the consultation of the supervisory authority.
Amendment 193 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to point (b) of Article 6(1) and points (ab) and (bc) of Article 6(31), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients. Such data may be recorded or stored by the end-users or by a third partparty, which could be the provider of the electronic communication service, specifically entrusted by them end-user to record, store or otherwise process such data,. The end-user may further process the content in accordance with Regulation (EU) 2016/679, if applicable.
Amendment 197 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Without prejudice to point (b) and (c) of Article 6(1) and points (a) and (c) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.
Amendment 198 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the processing of electronic communications metadata takes place for the purpose of billing in accordance with point (b) of Article 6(2), the relevant metadata may be kept until the end of the period during which a billonly the metadata that is strictly necessary for this purpose may lawfully be challenged or a payment may be pursued in accordance with national law.
Amendment 200 #
2017/0003(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Protection of information stored in and, related to and processed by end-users’' terminal equipment
Amendment 203 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of input, output, processing and storage capabilities of terminal equipment and the collection or processing of information from end-users’ terminal equipment, including about' terminal equipment, or making information available through the terminal equipment, including information about and processed by its software and hardware, other than by the end-user concerned shall be prohibited, except oning the following grounds:
Amendment 205 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) it is strictly and technically necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications networkservice; or
Amendment 207 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the end-user has given his or her consent for a specific purpose, and the consent has not been a condition to access or use a service, for the duration necessary for that purpose; or
Amendment 212 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is strictly and technically necessary for providing an information society service specifically requested by the end-ususer, for the duration necessary for that provision of the service, provided that the provision of that specific service cannot be fulfilled without the processing of such content by the provider; or
Amendment 214 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
Amendment 221 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) it is strictly technically necessary for a security update, provided that: (i) such updates are discreetly packaged and do not in any way change the functionality of the hardware or software or the privacy settings chosen by the user; (ii) the user is informed in advance each time such an update is being installed; and (iii) the user has the possibility to postpone or turn off the automatic installation of such updates;
Amendment 235 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The collection of information emitted by terminal equipment to enable it to connect to another device and, or to network equipment shall be prohibited, except if:
Amendment 237 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a
Article 8 – paragraph 2 – subparagraph 1 – point a
(a) it is done exclusively in order to, for the time necessary for, and for the purpose of establishing a connection, if this connection is requested by the user or the establishing of the connection is an integral part of the terminal equipment's functionality; or
Amendment 240 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
Amendment 244 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) the data are immediately anonymised in a way that they cannot be linked to the terminal equipment anymore or used to single out users based on their terminal equipment, and is only further processed for statistical purposes that generate aggregate information;
Amendment 246 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The collection of such information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied.
Amendment 247 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 252 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 255 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internetpecifications for electronic communications services or information society services which allow for specific consent for specific purposes. When such technical specifications are used by the user, they shall be binding on, and enforceable against any other party. Access to a service shall not be denied to an end-user for the sole reason that he or she has refused to give his or her consent to processing which are not strictly necessary for the provision of this service.
Amendment 262 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-uUsers who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of given their consent pursuant to Article 6 or Article 6(3)8 shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 264 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. A user shall not be denied access to any electronic communications service, information society service or functionality of a terminal equipment, regardless of whether this is remunerated or not, on the mere grounds that he or she has not given his or her consent to (a) the processing of electronic communications data, metadata or content pursuant to Article 6;or (b) the use of input, output, processing and storage capabilities of terminal equipment and the collection of information from the users' terminal equipment, or making information available through the terminal equipment, including information about and processed by its software and hardware, pursuant to Article 8(1);or (c) the collection of information emitted by terminal equipment pursuant to Article 8(2) that is technically not necessary for the provision of that service or functionality.
Amendment 270 #
2017/0003(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 271 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. SHardware and software placed on the market permitting electronic communications, including the retrieval and presentationthat enable the access to and use of electronic communications services or the access to and use of information on the internet, shall offer the optionsociety services shall be able to prevent othirder parties from storingthe use of input, output, processing and storage capabilities of terminal equipment and the collection of information on thefrom users' terminal equipment, of an end-user or processing information already stored on that equipmentr making information available through the terminal equipment, including information about and processed by its software and hardware.
Amendment 281 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, requiBy default, such hardware or software shall have, enabled by default, privacy settings that prevent other parties from exercising the activities referred to in paragraph 1. If the hardware or software allows for deviating settings, the user shall be informed about the privacy settings options during first use or installation and shall be offered the end-user to consent to a setting. possibility to change or confirm them.
Amendment 284 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. For the purposes of (a) giving consent pursuant to Article 9(2) of this Regulation, and (b) objecting to the processing of personal data pursuant to Article 21(5) of Regulation (EU) 2017/679, the settings shall lead to a signal based on technical specifications which is sent to the other parties to inform them about the user's intentions with regard to consent or objection. This signal shall be legally valid and be binding on, and enforceable against, any other party. The European Data Protection Board shall issue guidelines to determine which technical specifications and signalling methods fulfil the conditions for consent and objection pursuant to points (a) and (b).
Amendment 287 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In the case of software which has already been installed on 25 May 2018, the requirements under paragraphs 1, 2 and 23 shall be complied with at the time of the first update of the software, but no later than 25 August 2018.
Amendment 292 #
2017/0003(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 293 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 296 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 297 #
2017/0003(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 298 #
2017/0003(COD)
Proposal for a regulation
Article 11 b (new)
Article 11 b (new)
Article 11 b Restrictions of the confidentiality of communications Union or Member State law to which the provider is subject may restrict by way of a legislative measure the scope of the rights provided for in Article 5 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the following general public interests: (a) national security; (b) defence; (c) the prevention, investigation, detection or prosecution of serious criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. (2) In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, pursuant to Article 23(2) of Regulation (EU) 2016/679 and will only be applied following a court order. (3) No legislative measure referred to in paragraph 1 may allow for the weakening of the integrity and confidentiality of electronic communications by mandating a manufacturer of hardware or software, including terminal equipment or software providing for the use of electronic communications, or a provider of electronic communications services, to create and build in backdoors that weaken the cryptographic methods used or the security and integrity of the terminal equipment.
Amendment 299 #
2017/0003(COD)
Proposal for a regulation
Article 11 c (new)
Article 11 c (new)
Article 11 c Transparency reporting Providers of electronic communications services and networks shall provide every year to the competent supervisory authority and to the public, a transparency report, providing the number of requests received pursuant to Articles 11a and 11b, from which authorities, the number of granted requests, and the numbers of end-users affected by the requests. Such transparency reporting shall also include information about privacy and data protection practices and policies, inform users about avenues for remedies in case of abuses and feature clear and easily understandable information about end- users rights protected under this Regulation.
Amendment 301 #
2017/0003(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Regardless of whether the calling user or end-user has prevented the presentation of the calling line identification, where a call is made to emergency services, providers of publicly available number-based interpersonal communications services shall override the elimination of the presentation of the calling line identification and the denial or absence of consent of an end- user for the processing of metadata, on a per-line basis for organisations dealing with emergency communications, including public safety answering points, for the purpose of responding to such communications.
Amendment 303 #
2017/0003(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shallThe Commission shall be empowered to adopt implementing measures in accordance with Article 26(1) establishing more specific provisions with regard to the establishment of procedures and the circumstances where providers of publicly available number-based interpersonal communication services shall override the elimination of the presentation of the calling line identification on a temporary basis, where users or end-users request the tracing of malicious or nuisance calls.
Amendment 304 #
2017/0003(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) to block incoming calls from specific numbers or numbers having a specific code or prefix identifying the fact that the call is a marketing call referred to in Article 16(3)(b), or from anonymous sources;
Amendment 308 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories or the electronic communication service providers shall obtain the consent of end- users who are natural persons to include their personal data in the directory and, consequently, shall obtain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevantnecessary for the purpose of the directory as determined by the provider of the directory. Providers shall give end-users who are natural persons the means to verify, correct and delete such data.
Amendment 321 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end-users who are natural persons thatand have given their consent.
Amendment 322 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The customer shall be informed about the right to object and shall be given an easy way to exercise it at the time of collection and each time a message is sent.
Amendment 330 #
2017/0003(COD)
(a) present the identity of a line on which they can be contacted; orand
Amendment 332 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. Unsolicited marketing communications shall be clearly recognisable as such and shall indicate the identity of the legal or natural person transmitting the communication or on behalf of whom the communication is transmitted.Such communications shall provide the necessary information for recipients to exercise their right to refuse further written or oral marketing messages.
Amendment 333 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to-voice calls to end-users who are natural persons shall only be allowed in respect of end- users who are natural persons who have not expressed their objection or have consented to receiving those communications. Member States shall provide that users can object to receiving the unsolicited communications via a national Do Not Call Register, thereby also ensuring that the user is only required to opt out once
Amendment 335 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner or to object, in a manner that is as easy as giving the consent and free of charge, to receiving further marketing communications.
Amendment 336 #
2017/0003(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Integrity of the communications and information about detected security risks
Amendment 339 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 341 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
The providers of electronic communications services shall ensure that there is sufficient protection in place against unauthorised access or alterations to the electronic communications data, and that the confidentiality and integrity of the communication in transmission or stored are also guaranteed by technical measures according to the state of the art, including end-to-end encryption of the electronic communications data. When encryption of electronic communications data is used, decryption by anybody else than the user shall be prohibited. Member States shall not impose any obligations on electronic communications service providers that would result in the weakening of the confidentiality and integrity of their networks and services, including the encryption methods used.
Amendment 342 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
In the case of a particular risk that may compromise the security of networks, electronic communications services, or terminal equipment, the relevant provider or manufacturer shall inform end-users of such a risk and, take all possible measures to remove it and where the risk lies outside the scope of the measures to be taken by the service provider, inform end-users of any possible remedies. It shall also inform the relevant manufacturer and service provider.
Amendment 343 #
2017/0003(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The independent supervisory authority or authorities responsible for monitoring the application of Regulation (EU) 2016/679 shall also be responsible for monitoring the application of this Regulation. Chapter VI and VII of Regulation (EU) 2016/679 shall apply mutatis mutandis. The tasks and powers of the supervisory authorities shall be exercised with regard to users and end- users.
Amendment 345 #
2017/0003(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(a a) (a) issue guidelines, recommendations and best practices in accordance with point (b) of this paragraph for the purpose of further specifying the criteria and requirements for: (i) security updates referred to in Article 8(1)(e); (ii) the interference in the context of employment relationships referred to in Article 8(1)(f); (iv) the collection of information emitted by the terminal equipment referred to in Article 8(2)(c); (v) technical specifications and signalling methods that fulfil the conditions for consent and objection pursuant to Article 8(2a). (vi) software settings referred to in Article 10(1) and (2);and (vii) technical measures according to ensure confidentiality and integrity of the communication pursuant to Article 17(1).
Amendment 346 #
2017/0003(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
Article 19 – paragraph 1 – point b a (new)
(ba) draw up guidelines for supervisory authorities concerning the application of Article 9(1) and the particularities of expression of consent by legal entities;
Amendment 347 #
2017/0003(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
Article 19 – paragraph 1 – point b b (new)
(bb) issue guidelines, recommendations and best practices in accordance with point (b) of this paragraph for the purpose of further specifying the criteria and requirements for types of services that may be requested for purely individual or work-related usage as referred to in Article 6(3a);
Amendment 349 #
2017/0003(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to this text or any other administrative or judicial remedy, every user and end-user of electronic communications services shall have at least the same remedies provided for in Articles 77, 78, 79, and 7980 of Regulation (EU) 2016/679.
Amendment 350 #
2017/0003(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. An end-user or a group of end- users shall have the right to mandate a non-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of protection of their personal data and the protection of privacy to lodge the complaint on his or her behalf, to exercise the rights referred to in paragraphs 1 and 2 of this Article on his or her behalf, and to exercise the right to receive compensation referred to in Article 22 on his or her behalf where provided for by Member State law.
Amendment 351 #
2017/0003(COD)
Proposal for a regulation
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. A body, organisation or association independently of the end- user's mandate, shall have the right to lodge, in the Member State where it is registered, a complaint with the supervisory authority which is competent pursuant to paragraph 1 of this Article and to exercise the rights referred to in paragraph 2 of this Article if it considers that the rights of the end-user under this Regulation have been infringed.
Amendment 353 #
2017/0003(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
Amendment 354 #
2017/0003(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Infringements of the principle of confidentiality of communications, permitted processing of electronic communications data, time limits for erasure pursuant to Articles 5, 6, 7 and 78 shall, in accordance with paragraph 1 of this Article, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.
Amendment 17 #
2016/2325(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reminds the Commission that continuity in EU space programmes is imperative, in particular in order to create a positive investment climate in the downstream sector; considers that this can only be achieved if funding of the respective infrastructure and services is guaranteed in the long term, including in areas with significant private sector involvement without socialising the losses and privatising the profits;
Amendment 40 #
2016/2325(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that in order to meet current and future challenges, the next EU budget should include an appropriate space budget larger than the current one and that thisthat needs to be ensurdetermined in the course of the upcoming MFF review;
Amendment 43 #
2016/2325(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to accelerate the full economic exploitation of theEGNOS, Galileo and Copernicus programmes by setting adequate targets for market uptake and by, simplifying the access to and the processing of Copernicus data in order to enable enterprises and SMEs in particular to develop applications based on space data, better integration to other digital services, such as ITS, ERTMS, RIS, SafeSeaNet as well as conventional navigation systems;
Amendment 60 #
2016/2325(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that the success of the space sector is highly dependent on research and innovation and that the next Framework Programme should put an emphasis on space-related research, avoid doubling or overlapping of research and development, whilst ensuring efficiency through full cooperation between the EU, the ESA and, the Member States in areas such as launcher researchand other global actors, in order to achieve efficient investments;
Amendment 117 #
2016/2325(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 134 #
2016/2325(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to mitigate the risks presented by space debris by enhancing current SST servicesprogramme with the aim of setting up an independent system capable of both recognising threats from space debris to European space infrastructure and inducing measures to avoid collision;
Amendment 136 #
2016/2325(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Believes Europe should take the lead in actively removing debris from Earth's orbit; therefore vigorously supports ESA's e.Deorbit mission;
Amendment 139 #
2016/2325(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the plans to extend the scope of SST to cover the issues of space weather and cyber threats and proposes an additional focus on near-earth objects owing to their potential catastrophic impact in case of collision; Reaffirms the need to provide as much open data as possible in order to foster research and innovation in astrophysics.
Amendment 144 #
2016/2325(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses the importance of assessing and reducing environmental impacts of space missions; calls on the Commission to make sure that the space industry follows the ecodesign guidelines developed in the framework of ESA's Clean Space Initiative;
Amendment 147 #
2016/2325(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to design the planned Govsatcom initiative in a cost- effective way, which may include purchasing services from commercial communication satellites, and to ensure that the initiative creates significant added value and avoids duplicating existing structures; Underlines the need to urgently clarify the status of space assets, infrastructure and ongoing projects in the context of BREXIT.
Amendment 160 #
2016/2325(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes that ensuring a peaceful and safe space environment will require engagement with international partners to promote norms of responsible behaviour and sustainability, and calls on the Commission to work closely with the EEAS and the Member States in this regard;
Amendment 161 #
2016/2325(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights the need for international coordination on space traffic and debris management, which isare bound to increase owing to the planned installation of so- called ‘mega- constellations’ and to the congestion of near-earth orbits that may result from the continued lowering of satellite launch costs;
Amendment 163 #
2016/2325(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Asks the Commission to examine existing private sector ambitions in the area of space mining and to work towards a respective international agreement in order to avoid a race for depletable resources in space; such an agreement must be consistent with the goals of the Outer Space Treaty and the Moon Treaty, recognize that space is the common heritage of mankind and provide for benefit-sharing with developing countries;
Amendment 165 #
2016/2325(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Urges the Member States to overcome their differences on the legal status of space resources and work toward a coordinated European approach, before the next meeting of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) in April 2018; calls on the Commission to take the lead in brokering a consensus;
Amendment 4 #
2016/2305(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the ambitious plan to provide ultra-fast internet in primary and secondary schools and libraries by 2025; stresses that faster and better connectivity provides huge opportunities to enhance teaching methods, to foster research and to develop high-quality educational services online; highlights the fact that such opportunities will enhance children’s and students’ digital skills and media literacystresses that roll-out of these technologies creates better opportunities for distance learning, particularly in rural areas and outermost regions; highlights the fact that such opportunities will enhance children’s and students’ digital skills and media literacy; stresses that the adaptation of education and training systems is vital to meet the increasing demand for digitally skilled professionals in the EU; emphasises that, in order to achieve a true digital single market in Europe, further efforts are needed to improve media literacy among citizens in particular children and minors;
Amendment 13 #
2016/2305(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that current industry practices prevent cross-border access to works, particularly in the audio-visual sector, thus discriminating, for example, against cultural minorities; emphasises that a harmonised framework for exceptions and limitations is key to facilitate the easier clearing of rights and to foster cross-border accessibility of knowledge and culture and to allow equal access to cultural diversity;
Amendment 15 #
2016/2305(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Would therefore welcome a business model which enables a separation of network infrastructure ownership and operation so that the present mobile network operators (MNOs) and internet service providers (ISPs) might not dominate; notes that this could mean that local broadcasters could enter a more prolific market among the Member States as local languages and cultural programming would flourish more easily than under dominance by the traditional players;
Amendment 18 #
2016/2305(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that 5G has the potential to revolutionise access to, and dissemination of, content and to substantially enhance the user experience, while at the same time allowing the development of new forms of cultural and creative content; emphasises that further deployment of digital infrastructure especially in less densely populated areas promotes social and cultural integration, modern educational and information processes and a regional cultural economy;
Amendment 24 #
2016/2305(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises that the audiovisual sector is one of the key drivers for the success of 5G in Europe and that its progress can make a strong and positive impact on the audiovisual media value chain, including content production, distribution and the user environment; calls on the Commission, therefore, to take into account the needs and specificities of this sector, in particular those related to broadcasting; recommends therefore to take these needs and specificities into due account when opening up further spectrum frequencies;
Amendment 28 #
2016/2305(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the considerable disparities across Member States and between urban and rural areas as regards access to high-speed internet connections; stresses the importance of ensuring that the development of 5G significantly reduces the digital divide among citizens.; stresses in this context the requirement to ensure that in rural communities and less densely populated areas where private investment is unlikely to occur the need for public investment or co-investment models is identified in order to guarantee the necessary standards in respect of quality of connections, diversity of content and the democratisation of access to internet connectivity; emphasises that access to affordable basic services for vulnerable social groups needs to be assured;
Amendment 29 #
2016/2305(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the 5G networks rollout will be conducted mainly through commercialprivate investments and will be receptive to an investment-friendly regulatory environmentrequire regulatory certainty to promote investment and competition; whereas the streamlining of administrative conditions, for example for the deployment of small cells for strict and timely spectrum harmonisation and VHC network development, as currently proposed in the European Electronic Communications Code, isre of crucial importance;
Amendment 32 #
2016/2305(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Welcomes the promotion of a consistent approach to better tailored coverage obligations in spectrum licences in order to stimulate rural connectivity; emphasises that private investment in internet connectivity should not only be incentivised for competitive high-capacity markets in urban areas but also for under-served and less profitable rural deployment areas;
Amendment 56 #
2016/2305(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the gigabit society targets of attaining network speeds of 100Mbps for all European consumers and, in the long term, of between 1Gbps and 100Gbps for the main socio-economic drivers, such as public sector, education, research, digitally intensive businesses, major transport hubs, financial institutions and schools;
Amendment 67 #
2016/2305(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that 5G systems will need to be able to operate over a very wide frequency range: from less than 1GHz up to 100GHz and with a maximum potential of up to 300GHz; notes that frequencies of 3-6GHz and above 10GHz should deliver extreme data rates and extreme capacity in dense areas; Stresses that download speeds alone will not be sufficient to meet the future connectivity demand of the Gigabit Society, future network performance requiring an improvement in terms of available down- and uplink bandwidth, resilience, error-related parameters, latency and its variation;
Amendment 83 #
2016/2305(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that sectorall players should benefit from a level playing field and should enjoy the flexibility to design their own networks, choosing their investment model and the most appropriate technology, including fibre-to-the-home (FTTH), Wi-Fi, G.fast, 2G, cable, satellite or any other rapid deve to ensure future-proof networks based on multiple quality parameters such as speed, resilience, latency, jitter and energy efficiency; Recalls that only a regulatory policy aimed at ensuring effective competition triggering the progressive and efficient deplopyment technologies that will help connect all Europeans to VHCby all sector players will enable to fully grasp the benefits of 5G, which could eventually allow full convergence between mobile and fixed networks;.
Amendment 95 #
2016/2305(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that 5G is more than an evolution of mobile broadband and that it will be a key enabler of the future digital world as the next generation of ubiquitous ultra-high broadband infrastructure that will support the transformation of processes in all economic sectors (public sector, healthcareeducation, healthcare, research, energy, utilities, manufacturing, transportation, the automotive industry, virtual reality (VR), online gaming and so forth) and provide affordable, agile, elastic and highly personalised services that will improve every citizen’s life;
Amendment 127 #
2016/2305(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the WiFi4EU initiative to promote free internet in local communities by means of an EU-funded scheme and expresses confidence that with the right policy approach such initiatives could become a driver for uptake of digital services and improving citizens life; notes that access speeds are increasing but so is the demand, and that as usage across multiple wireless devices grows, WLAN will need to match end-to-end connectivity demands;
Amendment 135 #
2016/2305(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the development of 5G technologies is a cornerstone for transforming the ICT network infrastructure towards all-encompassing smart connectivity: smart cars, smart grids, smart cities, smart factories, smart governments and beyond; believes that ultrafast broadband and intelligent, efficient network features that achieve near-instantaneous connectivity between people, human-to-machine and connected machines will come to redefine end user connectivity, which will be enabled by radio access network paradigms such as mesh networks, hybrid networks, dynamic network slicing and softwarisation technologies;
Amendment 141 #
2016/2305(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that 5G will enable new affordable and high-quality services, connect new industries and ultimately improve the customer experience for increasingly sophisticated and demanding digital users;
Amendment 166 #
2016/2305(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that the best path towards the gigabit society lies in a performance- oriented and technology- inclusiveneutral approach supported by a broad range of investment models such as public- private or co- investments; notes that co- investment in very high capacity networks can, if applied in a manner which promotes the achievement of effective competition, help to pool resources, enable different flexible frameworks and lower deployment costs; and looks forward for a framework that will provide a truly competitive market;
Amendment 180 #
2016/2305(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that commercial investments should be supported by a policy andn infrastructure-oriented policy and a pro- competitive regulatory environment tailored to predictability and the certainty of return on investments, and should not be delayed by overly ambitious public schemes that may impede 5G rollout;
Amendment 194 #
2016/2305(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Stresses that fact that the generational shift in the deployed networks needs to have as one of the main targets the achievement of higher resources and energy efficiency compared to the previous generation networks;
Amendment 210 #
2016/2305(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights that the development of the gigabit society requires fewer and simpler rules, which should be future- oriented, pro-pro-competitive and clearer rules to drive investment, pro-innovation and based on an assessment of market competitionto preserve affordability and end-users' choice; stresses that infrastructure- based competition may offers the potential for less regulation and allows for a fair long- term return on investments but only in in areas where replication of the infrastructure is economically feasible;
Amendment 223 #
2016/2305(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that National Broadband Plans need to be revised carefully, target all 5G areas, maintain a multi-technology approach, support regulatory flexibilicertainty and maximise the scope of competition, innovation and coverage;
Amendment 233 #
2016/2305(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls that SMEs would benefit greatly from choice and competitive access to 5G solutions; calls on the Commission to detail its action plans to facilitate SME access to the 5G Participatory Broadband Platform;
Amendment 241 #
2016/2305(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Supports the Commission’s proposed plan to set up spectrum harmonisation and long-term licence durations of at least 25 years, which willthe idea of spectrum sharing as a tool to increase the stability and certainty of investments without the lock-in effects; notes that the decisions on these issues should be taken at the same time in all Member States to adopt binding guidance on certain conditions of the assignment process in order to ensure effective competition and best conditions for users;
Amendment 16 #
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, new business models, new possibilities for public discourse and new challenges on human rights;
Amendment 32 #
2016/2276(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the e-Commerce Directive exempts intermediariehosting providers from liability for content only if they play a neutral, merely technical and passive role in reldo not have actual knowledge and control over illegal activity or information sto the hosted contentred on their services, or act expeditiously to remove such information upon obtaining such knowledge;
Amendment 40 #
2016/2276(INI)
Motion for a resolution
Recital E
Recital E
E. whereas numerous online platforms not only provide access to goods and services, but also play a more active role in relation to consumers and other actordisagreement exists over whether a definition of online platforms should only cover intermediaries or also information society services that actively provide access to goods and services;
Amendment 74 #
2016/2276(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges that online platforms benefit today’'s digital economy and society by increasing the choices available to users, consumers and businesses, creating and shaping new markets, and changing the fabric of society; points out, however, that online platforms present new social, policy, and regulatory challenges;
Amendment 84 #
2016/2276(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not beenwe need more than an application of same texts, we need to make an effort to adapted to the online world and the societal changes it has brought;
Amendment 93 #
2016/2276(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotAcknowledges that there is currently nono easy consensus on the definition of online platforms due to the multitude of different types of platforms, which may lead to and the fast-pace innovation and change in the area, therefore calls for a technology-neutral approach and sector-specific regulation to avoid fragmentation of the EU’'s internal market;
Amendment 112 #
2016/2276(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that certain features often characterise online platforms, such as operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based ontailored to user preferences and based on data provided by them, classification or referencing of content, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, in particular information, goods or services;
Amendment 132 #
2016/2276(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that online platforms use the internet as a means of interaction andinfrastructure and sometimes act as facilitators between the demand and supply sidparties;
Amendment 134 #
2016/2276(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that online platformapplications take advantage of the enormous and ever- increasing number of mobile devices and so do the particular applications we in general identify as online platforms;
Amendment 140 #
2016/2276(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 151 #
2016/2276(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention to rapidly developing online platform markets, which offer a new outlet for products and services; recognises the global nature of online platform markets; points out that global online platform marketsmarkets and sees online platforms as a subset of these markets, capable to offer consumers a wide variety of choices and effective price competition and can be an enabler of eDemocracy and eGovernance;
Amendment 169 #
2016/2276(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the benefits that online platforms offer for SMEs; notes that online platforms allow SMEs to access global markets without having to excessively investments in in building up costly digital infrastructure;
Amendment 174 #
2016/2276(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to prioritise actions that allow European start-ups and new European online platforms to emerge and to scale up; stresses that facilitating investments in start-ups is vital to the development of online platforms in Europe;
Amendment 197 #
2016/2276(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that intermediary liability is one of the main concerns in the ongoing debate on online platforms;
Amendment 214 #
2016/2276(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that certain stakeholders are dissatisfied with the current rules on liability and welcomes the Commission’s undertaking to publish guidelines on intermediary liabilityWelcomes the Commission's announcement to maintain the intermediary liability regime established in the e-Commerce Directive; calls on the Commission to draw attention to the differences between the online and offline world and to create a level playing field for comparable services onldifferent types of illegal or harmful content exchanged on online platforms when presenting a legislative proposal on notice and takedown procedures in order to provide legal certainty and create a level playing field for intermediaries in different Member States, taking into account the specificities of each domaine and offlinethe evolution of society;
Amendment 222 #
2016/2276(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 227 #
2016/2276(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the liability rules for online platforms should allow theonline platforms can best contribute to tackling of issues related to illegal and harmful content in an efficient manner, for instance by respecting the duty of if notice and takedown procedures are well defined; therefore urges the Commission to further clareify these procedures, while maintaining a balanced and business- innovation-friendly approach;
Amendment 245 #
2016/2276(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for online platforms to prevent illegal and inappropriate content and unfair practices through regulatory, effective self-regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling illegal and inappropriateat the limited liability of intermediaries is essential to the protection of fundamental rights, legal certainty, innovation, and finally the open internet; highlights that the e-Commerce Directive provides future-proof and technology-neutral provisions to counter illegal and harmful content, and taking immediate action to remove illegal or inappropriate content if such content slips through preventive monitorings well as unfair practices online; urges the Commission to continue to examine how existing legislation can be properly implemented and effectively enforced in order to tackle illegal and harmful content;
Amendment 263 #
2016/2276(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that online platforms should develop more effective voluntary measures and technical means of, in compliance with the Charter of Fundamental Rights, online platforms should not act as privatised law enforcement; asks the Commission to develop adequate and reasonable measures to identifying and eliminatingremove harmful content;
Amendment 281 #
2016/2276(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to ensure a level playing field for online platforms, including the B2B perspective and other services with which they compete; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘'one-size- fits-all’' solutions are rarely appropriate;
Amendment 312 #
2016/2276(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Underlines the importance of investments in infrastructure; stresses that reliable high-speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality and fair and non-discriminatory access tos a prerequisite for innovation and a truly competitive market of online platforms;
Amendment 319 #
2016/2276(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the Internet of the future cannot succeed without users’' trust in online platforms, greater transparency, better controla level playing field, better control of citizens over data acquired from them, of ranking systems and advertising, and online platforms respecting all applicable legislation;
Amendment 330 #
2016/2276(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’' concerns by duely requesting their consent and informing them more effectively about what personal data is collected and, how it is shared and used, while retaining the possibility to withdraw their consent to individual provisions without forfeiting their complete access to a service;
Amendment 343 #
2016/2276(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines that the cross-border nature of online platforms represents a huge advantage in developing the Digital Single Market, but also requires bettertherefore welcomes improvements to the cooperation between national publicconsumer protection authorities; asks the Commission to make better use of existing consumer protection services, which could provide identical and efficient consumer protection in relation to online platforms activities;
Amendment 351 #
2016/2276(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and, user- friendly ways of presenting the, and fair terms and conditions in order to enhance consumer protection and bolster trust;
Amendment 355 #
2016/2276(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls for an assessment of current legislation and self-regulation mechanisms to determine whether they provide adequate protection to users, consumers and businesses against the backdrop of the increasing number of complaints against and investigations opened by the Commission into several platforms;
Amendment 372 #
2016/2276(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to assess the need for and the principles in relation to criteria, which could set the conditions under which online platforms may be made subject to further monitoringarket surveillance and assisted in order for them to comply with existing obligations and guidelines in a timely manner, in particular in the realm of consumer protection, paying special attention to respecting the proportionality principle and fundamental rights;
Amendment 377 #
2016/2276(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 400 #
2016/2276(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 441 #
2016/2276(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Points to the differences in the legal landscape in the 28 Member States and the specificities of the digital sector in which the physical presence of a company in the country of the market is often not needed and calls on the Member States to adjust the value-added tax (VAT) system according to the country-of-destination principle7 ; _________________ 7European Parliament resolution of 24 November 2016 on towards a definitive VAT system and fighting VAT fraud, P8_TA(2016)0453.undertake measures for further tax harmonisation;
Amendment 452 #
2016/2276(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Regrets that the EU’s presence in the world market is barely felt, in particular due to the current fragmentation of the digital market, legal uncertainty and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaderspete with players throughout the rest of the world in this new economy;
Amendment 454 #
2016/2276(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Calls on the Commission to propose a targeted legislative framework for B2B relations based on principles of consumer welfare, promoting competition and innovation, prevent abuses of market power and ensure that platforms that serve as a gateway to a downstream market do not become gatekeepers; such legislation should be technology neutral and capable of addressing existing and foreseeable risks;
Amendment 455 #
2016/2276(INI)
Motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44 b. Welcomes the Commission's announcement to explore options to increase the re-use of machine-generated data such as fostering the development of technical solutions for reliable identification and exchange of data, default contract rules coupled with introducing an unfairness control in B2B contractual relationships or data access for public interest and scientific purposes; however warns against the introduction of a "data producer" right to use and authorise the use of non-personal data, which would create additional and unnecessary barriers to the re-use of data and significantly raise transaction costs;
Amendment 457 #
2016/2276(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls for the European institutions to ensure a level playing field betweenpromote fair competition and the respect of users' rights among European and non-European operators, in respect of taxation and similar questions, for example;
Amendment 5 #
2016/2273(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the development of eGovernment is a key element of the Digital Single Market; welcomes the Commission Communication entitled ‘EU eGovernment Action Plan 2016-2020’; recalls that eGovernment should strengthen citizens, not governments; supports the underlying principles of the Action Plan, which will make public administrations more inclusive, trustworthy and efficient, providing open and interlinked digital services; welcomes the fact that administrative burdens and costs will be reduced by adopting the once-only principle;
Amendment 12 #
2016/2273(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasises the need to reform the interaction between governments and citizens during the transition to digital services, increasingly making use of participatory tools and taking advantage of the efficient feedback available in the case of digital platforms to make eGovernment fit for the purposes of an evolving society.
Amendment 28 #
2016/2273(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that adequate, reliable and high-performance infrastructure, such as ultrafast broadband and telecommunications networks, are essential for the functioning of eGovernment services and resilience to loss or degraded connectivity should be built into all eGovernment systems; notes that the continuous adoption of innovative technologies, such as big data and the internet of things or the uptake of mobile services for eGovernment will be essential for keeping up with technological development;
Amendment 33 #
2016/2273(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines the importance of avoiding a deeper digital divide and the need to ensure the same level of access for citizens who live in remote areas, have limited skills or have an impairment that degrades their ability to use generally available systems or interfaces.
Amendment 37 #
2016/2273(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises the importance of developing cross-border public services, such as the full deployment of highly secure eID and e-signatures; notes that there is still a lack of interoperability of different public services between Member States; welcomes in this regard the revision of the European Interoperability Framework and the swift implementation of Regulation (EU) No 910/2014 (eIDAS), and recommends additional support for best practices, like the use of open-source software, that can lead to better interoperability and reuse;
Amendment 54 #
2016/2273(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that public administrations should have open data by default especially when the volume of data generated is very large, such as in the case of the INSPIRE programme; stresses the importance of making data and services securely available for re-use through third parties; highlights the vital role that public-private partnerships and the private sector crespecting European legislation on privacy and play in developing new and innovative services and solutionsersonal data;
Amendment 68 #
2016/2273(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes the Commission can play a leading role in creating a more open and inclusive eGovernment approach, built around citizens and their needs; therefore calls for the Commission to accelerate its efforts in leading by example, and for other European institutions to follow swiftly; believes that adoption by the Commission of the provisions of the CEF building blocks can facilitate trust and a cultural shift towards the uptake of digital public services.
Amendment 32 #
2016/2243(INI)
Motion for a resolution
Recital D
Recital D
D. whereas FinTech developments can contribute to the development of the CMU and to enhance the integration of capital markets in the Eurozone and should contribute to the competitiveness of the European financial system and economy, without hampering financial stability and while maintaining the highest possible level of consumer protection;
Amendment 43 #
2016/2243(INI)
Motion for a resolution
Recital E
Recital E
E. whereas FinTech can lead to considerable benefits, such as strengthening of competition, faster, cheaper, more transparent and better financial services for consumers and businesses, among others through tackling remuneration structures in financial service distribution which are prone to conflicts of interests and through faster settlement and opening up many new business opportunities for European entrepreneurs;
Amendment 57 #
2016/2243(INI)
Motion for a resolution
Recital F
Recital F
F. whereas FinTech solutions can increase access to capital, in particular for SMEs, through cross-border financial services, alternative lending and investment channels such as crowdfunding and peer-to-peer lending; whereas the current EU consumer protection framework does not address Fintech innovations appropriately and likewise does not cover crowdfunding and peer-to- peer lending
Amendment 61 #
2016/2243(INI)
Motion for a resolution
Recital G
Recital G
G. whereas FinTech can serve as an effective tool for financial inclusion, especially through reducing transaction costs for consumers in developing countries in areas such as financial transfers, by opening up tailor-made financial services to those who could not access them before;
Amendment 97 #
2016/2243(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to draw up a FinTech Action Plan, which should boost its Capital Markets Union (CMU) and Digital Single Market (DSM) strategies and aim at a competitive financial system, financial stability that is stable and geared towards providing long term benefits to the real economy with a high level of and consumer and investor protection;
Amendment 113 #
2016/2243(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that legislation in the financial domain should be proportionate, frequently revised and in accordance with the ‘Innovation Principle’, so that potential effects on innovation will be part by encouraging developments that are not merely novel but also provide 'significant economic and societal benefits'1a; __________________ 1aBased ofn the impact assessment;Commissions explanation https://ec.europa.eu/epsc/publications/stra tegic-notes/towards-innovation-principle- endorsed-better-regulation_en#h-1
Amendment 122 #
2016/2243(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Stresses that, with a view to ensuring a level playing field, legislation and supervision in the area of FinTech should be based on the following principles being applied in a harmonised framework equally applied across the EU:
Amendment 124 #
2016/2243(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
a. Same services and risk: same rules, regardless of the type of legal entity concerned; or domiciliation
Amendment 129 #
2016/2243(INI)
Motion for a resolution
Paragraph 4 – point b
Paragraph 4 – point b
b. Technology neutrality in all levels of legislation while not being blind to specific risks and benefits of different technological approaches ;
Amendment 132 #
2016/2243(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
c. Risk-based approach, taking into account proportionality and materiality of risks relative to economic and societal benefits;
Amendment 136 #
2016/2243(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that the competent authorities allow controlled experimentation with new technologies both for new entrants and existing market participants, both for new entrants and existing market participants, with new technologies that the authorities deem to have a high potential benefit to consumers; such experimentation could take the form of a light legislative framework in return for limiting the total volume of activities and restricting the initial customer base to individuals well appraised of potential risks and capable of absorbing them; highlights that a pro- active dialogue with market participants can help supervisors and regulators to develop technological expertise; and design the framework for experimentation;
Amendment 150 #
2016/2243(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that some central banks are already experimenting with virtualdistributed fiat currencies as well as other new technologies; encourages the relevant authorities in Europe to experiment as welllore the potential benefits, as well as risks, in order to keep up with market developments; recommends that the European Central Bank conduct experiments with a ‘virtualevaluate the potential for a distributed ledger based version of the euro’;
Amendment 159 #
2016/2243(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that some implementations of DLT technology such as the bitcoin blockchain have extremely energy intensive computational requirements and that, therefore, research should be encouraged to find ways of mining and verification that are energy efficient, especially for large scale uses;
Amendment 170 #
2016/2243(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that RegTech has the potential to both improve and alleviate compliancethe quality and timeliness of supervisory information as well as reduce the burden of producing and processesing it; calls on the relevant authorities to clarify the legal conditions under which the outsourcing by the entities they supervise of compliance activities to third parties is allowed; recommends starting to experiment where there is no legacy of compliance yet while ensuring that ultimate liability for the conformity of the relevant information with the law remains with those entities; recommends starting to experiment yet with new RegTech in areas where the entry in force of new requirements is sufficiently far in the future, for example with the Central Securities Depository Regulation;
Amendment 175 #
2016/2243(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that innovative financial services should bcan be made available throughout the EU; calls on the Commission and Member States to apply, where applicable, passporting regimes, where there are economic and societal benefits for new financial services offered across the Union;
Amendment 183 #
2016/2243(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that, in addition to RegTech for interaction with supervisory public authorities, efficiency of tracking ultimate beneficial ownership of financial assets, collection of taxes related to financial activities and the prevention of tax fraud can be greatly improved through FinTech for public administration purposes;
Amendment 189 #
2016/2243(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to investigate to what extent FinTech can help providing consumers with better quality financial advice and whether the fragmented EU regulatory framework dealing with advice is sufficient to accommodate this;
Amendment 191 #
2016/2243(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Emphasizes the urgent need for supervisory convergence of conduct-of- business supervision to ensure consistent application of the EU legislation and create a common culture framework of financial consumer protection across Member States; stresses that supervisory convergence is absolutely crucial in the light of the cross-border potential of FinTech companies.
Amendment 193 #
2016/2243(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Notes that diversity and competition among market participants are critical factors contributing to financial stability. Calls on regulators and supervisors to monitor the impact of digitisation on the competitive situation across all relevant segments of the financial sector and to design and deploy tools to prevent or remedy anti- competitive behaviour or competitive distortions.
Amendment 195 #
2016/2243(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need for consistent, technology-neutral application of existing data legislation, including the General Data Protection Regulation (GDPR), the Revised Payment Service Directive (PSD2), the eIDAS Regulation, the 4th Anti-Money Laundering Directive (AMLD4) and the Network and Information Systemsecurity (NIS) Directive; stresses that, in order to scale up innovative finance in Europe, a free flow of data within the Union is needed; and welcomes the Commission consultation on the "data economy" which should provide evidence about the existence or non-existence of barriers for the free flow of data;
Amendment 203 #
2016/2243(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to investigate the potential negative effects of the use of big data, behavioural tracking technologies, and the increasing granular segmentation on solidarity, and risk pooling and insurance coverage in the insurance sector
Amendment 209 #
2016/2243(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that there are no clear, comprehensive European guidelinrules for outsourcing data to the cloud with regard to the financial sector; stresses the need for the development of such guidelinrules;
Amendment 219 #
2016/2243(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Acknowledges the increasing combination of personal data and algorithms in order to provide services such as robo-advice; emphasises the efficiency potential of robo-advice and the positive effects on financial inclusiveness; stresses that errors or biases in algorithms and in the data used to train them can cause systemic risk and harm consumers; asks the Commission and the European Supervisory Authorities (ESAs) to take these risks into account and assess the liability aspects of data use;
Amendment 222 #
2016/2243(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that there should be clarity in EU law as to which personal data sources may or may not be used by FinTech applications; Stresses that, as a general principle, specific, freely given and informed customer consent must be required for the use of any data source; reminds that under the GDPR customers must have the right to get access to all data of personal relevance that is used by a FinTech application on demand, and that they have a right to be informed about profiling and automated decision- making, including meaningful information about the logic involved
Amendment 228 #
2016/2243(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Deplores the increasing use of so called "dynamic pricing" algorithms to maximise the price paid by consumers which may be based on assessments of the urgency of their purchase, their awareness of competing offers or other aspects of market awareness and other strategies that harm the consumers economic interests in contravention of the principles enshrined in EU legislation for investment advice;
Amendment 230 #
2016/2243(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Is concerned that the use of increasingly personalised offers based on high granularity customer information can be used decrease the comparability of financial services to the detriment of effective competition and recent legislative initiatives to improve comparability across sectors;
Amendment 231 #
Amendment 238 #
2016/2243(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the need for end-to-end security across the whole financial services value chain; points to the large and diverse risks posed by cyber-attacks against information systems, targeting our financial markets infrastructure, currencies and data; calls on the Commission to make cyber security the number one priority in the FinTech Action Plan;
Amendment 242 #
2016/2243(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the ESAs to regularly review operational standards covering ICT risks of financial institutions; calls furthermore, owing to the varying level of protection in the cybernetwork and information security strategies of Member States, for ESA guidelines on the supervision of these risks;
Amendment 252 #
2016/2243(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned by the increased use of unpermissioned blockchain applications, in particular Bitcoin, for criminal activities, tax evasion, tax avoidance and money laundering; invites the Commission to organise an annual multi-stakeholder conference on this subject;calls on the Commission to provide a report, which assesses these problems and contributes to approaches to tackle them, also invites the Commission to organise an annual multi-stakeholder conference on this subject; emphasizes the high energy consumption of blockchain applications and highlights that therefore more energy efficient solutions are needed,
Amendment 261 #
2016/2243(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Flags the need for better education and awareness about cybernetwork and information security risks both for citizens and businesses; reminds that the main responsibility lies with the manufacturers of hardware and software, who need stronger incentives such as product liability rules in order to increase the security and resilience of FinTech products;
Amendment 266 #
2016/2243(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Insists that the relevant public authorities must have a legal right, suitably framed and respecting commercial sensitivities, to inspect the code behind FinTech applications where this can help to ensure compliance with legislation as is currently conferred on them in MiFID in relation to trading algorithms;
Amendment 296 #
2016/2243(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the ESAs to especially monitor tech giants' - such as Amazon, Alibaba, Google, Facebook or Apple - expansion into financial services - and if they are likely to generate distortive effects offering complementary financial services;
Amendment 310 #
2016/2243(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the need for increased digital skills in society as a whole; calls on the Commission to present best practices in the context of its Digital Skills and Jobs Coalition; stresses that consumers should be able to rely on, informed, secure and user-friendly technologies and services;
Amendment 17 #
2016/2145(INI)
Motion for a resolution
Recital A
Recital A
Amendment 27 #
2016/2145(INI)
Motion for a resolution
Recital B
Recital B
Amendment 31 #
2016/2145(INI)
Motion for a resolution
Recital C
Recital C
Amendment 37 #
2016/2145(INI)
Motion for a resolution
Recital D
Recital D
Amendment 41 #
2016/2145(INI)
Motion for a resolution
Recital E
Recital E
Amendment 45 #
2016/2145(INI)
Motion for a resolution
Recital F
Recital F
Amendment 49 #
2016/2145(INI)
Motion for a resolution
Recital G
Recital G
Amendment 53 #
2016/2145(INI)
Motion for a resolution
Recital H
Recital H
Amendment 57 #
2016/2145(INI)
Motion for a resolution
Recital I
Recital I
Amendment 64 #
2016/2145(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 69 #
2016/2145(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission communication entitled 'European Cloud Initiative – Building a competitive data and knowledge economy in Europe' and believe that this is the first step in setting the proper basis for open and competitive European actions in the field of cloud computing and high performance computing.
Amendment 87 #
2016/2145(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 91 #
2016/2145(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to develop a European 'digital new deal' including the allocation of adequate resources at national and EU level in order to boost IT industry in general and cloud computing in particular, and allow European companies to exploit the EU privacy competitive advantage;
Amendment 94 #
2016/2145(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 99 #
2016/2145(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to set economically viable basis for a European Cloud and take clear steps to encourage SMEs to offer competitive solutions for data processing and storage, in facilities based in Member States;
Amendment 101 #
2016/2145(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 105 #
2016/2145(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that in creating new elements of the cloud infrastructure, the data centre's energy efficiency and resource efficiency should be a primary goal. Calls for binding measures to encourage the use of renewable energy systems for such facilities, including for cooling.
Amendment 117 #
2016/2145(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 121 #
2016/2145(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers the active involvement of the opens science and citizen science communities as indispensable when establishing the governance of the European Science Cloud, and assesses the steps taken by the Commission as not fully responding to this requirement;
Amendment 124 #
2016/2145(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 132 #
2016/2145(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 140 #
Amendment 143 #
2016/2145(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 144 #
2016/2145(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission, to direct more resources towards boosting European research, development, innovation and training in the field of cloud computing, stressing the need for infrastructure and processes that safeguard the open data and the privacy of users;
Amendment 155 #
2016/2145(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 158 #
2016/2145(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that the data infrastructure needs to be resilient and secure therefore recommends an increase use of encryption and open source software, especially by European hardware and software producers.
Amendment 160 #
2016/2145(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers the European aquis in data protection and privacy as a competitive advantage and its use should be encouraged.
Amendment 165 #
2016/2145(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 167 #
2016/2145(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 187 #
2016/2145(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 189 #
2016/2145(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 194 #
2016/2145(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 205 #
2016/2145(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 213 #
2016/2145(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 217 #
2016/2145(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 223 #
2016/2145(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 226 #
Amendment 228 #
2016/2145(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 236 #
2016/2145(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 242 #
2016/2145(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 34 #
2016/2100(INI)
Motion for a resolution
Recital D
Recital D
D. whereas competition policy aims at keepsing markets efficient and open, thus leading to lower prices, better-quality products and services and greater choice for consumers, also promoting innovation and growth;
Amendment 40 #
2016/2100(INI)
Motion for a resolution
Recital E
Recital E
E. whereas competition policy can and should make a significant contribution to key political priorities such as boosting innovation, quality jobs, growth and investmentthe fight against climate change, sustainable growth and investment, resource efficiency, protecting consumers and reinforcing the single market, with particular regard to the digital single market and the Energy Union;
Amendment 58 #
2016/2100(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the annual report by the Commission on competition policy, which can help to restore a sufficient level of investment and innovation by creating a fair competition environment; also reiterates that Europe’'s future should be based on innovation social fairness and resource efficiency;
Amendment 73 #
2016/2100(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates that all market players should pay their fair share of tax; Wwelcomes the Commission’'s in-depth investigations into anti-competitive practices such as selective tax advantages or excess profit ruling systems; welcomes the recent outcomes of investigations against Ireland, Luxembourg, Belgium and the Netherlands demonstrating that selective tax breaks constitutes illegal state aid contrary to EU competition law; underlines the need to ensure broad access to information in order to trigger more investigations on suspicious cases; stresses its concern on the current resources of Commission's competent services which may limit its ability to handle a significantly larger number of cases;
Amendment 85 #
2016/2100(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Praises and strongly welcomes in particular the recent Commission decision as regards the Ireland/Apple case which represents a key milestone for addressing the issue of illegal state aid by means of tax advantages; encourages the Commission to investigate similar cases across the single market;
Amendment 91 #
2016/2100(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that, within the internal market, new entrants and SMEs doing business only in one country are penalised as compared to MNCs, which can shift profits or implement other forms of aggressive tax planning through a variety of decisions and instruments, available to them only; notes with concern that, everything being equal, the resulting lower tax liabilities leave the latter with a higher post-tax profit and create an uneven playing field with their competitors on the single market, which do not have recourse to aggressive tax planning and keep the connection between where they generate profit and their place of taxation; stresses that promoting harmful tax practices through the creation of a European one-person- entity (SUP) which explicitly allows for having two different residences, a registered office in one place and an administrative headquarter is the wrong approach for the EU;
Amendment 96 #
2016/2100(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls to revising state aid guidelines on taxation to cover cases of unfair competition going beyond tax rulings and transfer pricing;
Amendment 97 #
2016/2100(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls for achieving diligent progress as regards an EU legislative framework to prevent distortions of competition by aggressive tax planning and tax evasion; recommends in that perspective the establishment of CCCTB and a guarantee that no profit leaves the EU untaxed, the public disclosure of tax rulings, a review of the VAT Directive in order to prevent fraud, the obligation on large international companies to report publicly their turnover and profits on a 'country-by-country' basis, and a call on the Member States to introduce greater transparency in their tax practices and mutual reporting requirements;
Amendment 99 #
2016/2100(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Considers that fair competition can be hampered by tax planning; welcomes the Commission recommendation to adjust the definition of 'permanent establishment' so that companies cannot artificially avoid having a taxable presence in Member States in which they have an economic activity; stresses that this definition should also address the specific situation of the digital sector, ensuring that companies engaged in fully dematerialised activities are considered to have a permanent establishment in a Member State if they maintain a significant digital presence in the economy of that country;
Amendment 135 #
2016/2100(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomesTakes note of the Commission’'s Digital Single Market Strategy; reiterates that a unified digital single market could create hundreds of thousands of new jobs and could contribute EUR 415 billion per year to the EU economy;
Amendment 177 #
2016/2100(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the Commission’'s investigations into certain anti-competitive practices by a number of companieof dominant internet platforms, in particularly Google, Amazon, Qualcomm and other media companies, film studios and TV distributors; underlines their influence on markets and the public sphere alike, and the need to regulate them to protect both; calls on the Commission to speed up all procedures against behaviour which infringes EU antitrust rules;
Amendment 187 #
2016/2100(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to investigate in a number of dominant hotel online booking platforms, in particularly Booking.com;
Amendment 218 #
2016/2100(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the overhaul of the state aid rules; reminds the Member States, nonetheless, that the aim was to better target aid measures towards sustainable economic growth, quality job creation and social cohesion; also reminds the Commission of the need to prevent certain governments from acting in bad faith as they do when misspending EU funds;
Amendment 235 #
2016/2100(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. StressNotes that – as the Commission has stated for the sixth time in its annual competition report –that the temporary state aid granted in the financial sector was necessary for the stabilisation of the global financial system, butunderlines that such aid must quickly be reduced, or totally removed and scrutinised, once the Banking Union is completed ASAP so as to limit taxpayer involvement to the maximum extent possible, underlines in particular the need to abide to the BRRD legal requirement that state aid to the banking sector should as a general rule trigger the resolution of the beneficiaries;
Amendment 249 #
2016/2100(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls its position as regards the current Commission inquiry regarding Deferred Tax Assets and Credits (DTA/DTCs) to the benefit of the banking sector in several Member States; is of the opinion that DTA/DTCs should be made retroactively authorised under State Aid provisions if they are tied to explicit conditions regarding financing targets for the real economy;
Amendment 251 #
2016/2100(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls its request to the Commission to examine whether the banking sector has benefited since the beginning of the crisis of implicit subsidies and State Aid by means of the provision of unconventional liquidity support;
Amendment 258 #
2016/2100(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to clarify the rules and procedures that apply to state aid in the financial sector by taking account of the difference in timing between the recent rules in the banking sector on burden-sharing and those on the full bail- in; invites the Commission, together with the SRB and the SRM, to conduct a careful assessment of the transition period and to ensure that, in line with the requirements of the legislation, the new rules are implemented with the necessary proportionality and fairness; calls on the Commission and the European Securities and Markets Authority (ESMA) to guaranfosteer appropriate investor protection without resorting to any form of taxpayer support with that respect;
Amendment 285 #
2016/2100(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Is of the opinion that the proposed mergers between the world's biggest agro- chemical and seeds companies present the dangers of rising prices for seeds and less choice of adapted varieties to agro- ecological conditions; underlines that should these mergers proceed, 61 percent of the global seeds market and 65 percent of the global pesticides market would be controlled by only three companies;
Amendment 287 #
2016/2100(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Urges the Commission to deliver a clear view on the Commission timing as regards its decision on the Monsanto- Bayer merger as well as carefully consider the context that several mergers would be taking place simultaneously in the sector;
Amendment 319 #
2016/2100(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Takes note of the adoption by the Commission in 2014 of the new Guidelines on State aid for environmental protection and energy and its implementation of this as the general block exemption regulation; is of the opinion that any guidelines in the field of state aid and energy, can no longer exclude from their scope the phasing out of nuclear and fossil fuel energy, sectors among the greatest beneficiaries of state subsidies;
Amendment 321 #
2016/2100(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WelcomesTakes note the efforts of the Commission to promote the market integration of renewable energy sources in order to avoid distortions of competition; uUnderlines, however, the responsibility of Member States inlegally binding commitments undertaken by Member States in the COP21 climate conference, that cannot be materialized without concrete (state) measures for promoting and financing the production and use of renewable energy;
Amendment 361 #
2016/2100(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that excessive taxaRecalls its demand for binding action ofin the agri-food industry could easily destroy competition and would be against the interests offood supply chain against retailers harming farmers and consumers;
Amendment 368 #
2016/2100(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to launch an encompassing State Aid investigation on the EU car sector and in particular regarding the VW scandal with a view of controlling whether car undertakings have benefited from illegal State Aid as a consequence of product eligibility to tax rebates and credits to the purchasers following fraudulent claims on clean technologies;
Amendment 378 #
2016/2100(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Recalls on the Commission to release the findings of current investigations into competitive practices in the food supply, energy, transport and media sectors;
Amendment 422 #
2016/2100(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the continuation of the regular structured dialogue between the Commissioner responsible for competition and the European Parliament, and in particular the Committee on Economic and Monetary Affairs and the Working Group on Competition Policy; asks the Commission to deliver more comprehensive feedback on the specific requests made in the European Parliament annual competition report; deems that a dedicated structured dialogue could contribute to a more thorough follow-up process of the respective annual competitions reports;
Amendment 3 #
2016/2072(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
Amendment 4 #
2016/2072(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the study of the European Commission on "the impact of culture on creativity", June 2009,
Amendment 13 #
2016/2072(INI)
Motion for a resolution
Recital B
Recital B
B. whereas CCIs have dual value, as they preserve and promoteirect links to artists and creators, are most likely to foster cultural and linguistic diversity, and strengthen European and regional identity, while sustaining social cohesion andsense of belonging, therefore may contributinge substantially to investment, growth, innovation and employment in the EU economyUnion;
Amendment 25 #
2016/2072(INI)
Motion for a resolution
Recital C
Recital C
C. whereas cultural diplomacyooperation in all cultural and creative domains eases and strengthens the bilateral relations between European and third countries and builds bridges between societies and contribute to better, fostering mutual understanding and common projects;
Amendment 31 #
2016/2072(INI)
Motion for a resolution
Recital D
Recital D
D. whereas CCIs contribute to Europe’s ‘soft power’ in their role as ambassadors of European values – such as culture, creativity, quality, excellence, craftsmanship – on the world stagealso to develop Europe’s image in the world – often based on the valorisation of its cultural heritage, its creativity in arts and performing arts, as well as its craftsmanship, in establishing a fruitful dialogue with CCIs from other countries;
Amendment 35 #
2016/2072(INI)
Motion for a resolution
Recital E
Recital E
Amendment 51 #
2016/2072(INI)
Motion for a resolution
Recital G
Recital G
G. whereas employment in the cultural sector is unlikely to be offshoredCCIs rely on keeping a strong EU location in terms of employment, based on it is connected toraftsmanship, and specific cultural and historical competences; whereas CCIs contribute significantly and more than any other sector to youth employment and have proved to be most resilient during the post-2008 economic crisis;
Amendment 59 #
2016/2072(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the CCIs comprise a majority of small and micro-companies and whereas the cultural and creative sector (CCS) companies with less twhich main strength shall remain the short value chain 9 employees account for more than 90 % of the workforcebetween artists and creators and their final output and production;
Amendment 74 #
2016/2072(INI)
Motion for a resolution
Recital J
Recital J
J. whereas among the different sources of EU funding, only some like" Creative Europe" and the "European Fund for Strategic Investment" mention CCIs as a specific priority, together with other NGOs and small associations or cultural institutions, which is the reality of the cultural field at large;
Amendment 81 #
2016/2072(INI)
Motion for a resolution
Recital K
Recital K
K. whereas despite the factconsidering that more creative content is being consumed today than ever before, in particular on services such as user-uploaded content platforms and content aggregation services, the cultural and creative sector has not seen a comparable increase in revenues from this increase in consumptionfacilitating the emergence of attractive legal offers with a broad catalogue and cross-border availability should be a priority;
Amendment 90 #
2016/2072(INI)
Motion for a resolution
Recital L
Recital L
Amendment 98 #
2016/2072(INI)
Motion for a resolution
Recital N
Recital N
Amendment 110 #
2016/2072(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to develop a coherent and long-term industrial policy framework for the CCS, and on the EU to include the support, development, promotion and protecmotion of CCIs in its strategic goals, and overall political prioritis required by article 167, §4 of the TFEU throughout all its policies and programmes;
Amendment 114 #
2016/2072(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to design its future policies based on the following definition of CCIs: ‘cultural and creative industries are those industries that are based on cultural values, individual creativity, skills and talent with the potential to create wealth and jobs through generating value from intellectual property. They include the following sectors relying on cultural and creative inputs: architecture, archives and libraries, artistic crafts, audio-visual (including film, television, video games and multimedia), cultural heritage, design, creativity-driven high-end industries and fashion, festivals, music, performing arts, books and publishing, radio and visual arts’provide a precise and sensible definition of CCIs, including nature and goals of those SMEs, and mentioning their own and unique strength to establish the shortest value chain between creators, artists, and the production, dissemination of creativity potential;
Amendment 129 #
2016/2072(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to identify specific indicators in order to monitor and analyse the cultural, economic and societal impact of its policies and regulatory proposals related toregarding CCS on all other domains of activity in the CCSEU, and to possibly identifyon connected third countries; this would allow to develop alternative data sources with a view to complementing and improving official statistics;
Amendment 138 #
2016/2072(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Commission and Eurostat to include the CCS in their yearly statisticsin its endeavour to regularly analyse and measure the impact of culture and cultural policies for the whole CCS, developing new and pertinent criteria, and to publish a sectorial biennial report on the developments of CCIs in Europe;
Amendment 145 #
2016/2072(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that technology and infrastructure rely on the content provided by creators; calls, therefore,Calls on the Commission to establish a legal framework for the value chain in the digital age that takes into account the specificities of the sector and leads to an improvement in the remuneration of authors and creators;
Amendment 181 #
2016/2072(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asks the Commission, in view of the upcoming copyright reform, to create legal solutions which will suit creators, right holders and consumers alike in order to make clear that liability exemptions can only apply to genuinely neutral and passive online service providers and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 209 #
2016/2072(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 222 #
2016/2072(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States, in their respective spheres of competences, to promote cross-sectorial cooperation by establishing ‘learning labs’, creative hubs, co-working spaces, networking programmes and cultural and creative clusters and networks at regional, national, European and international level in order to foster interaction between micro-, small, medium and large enterprises in the CCS, traditional craftsmanship, research centres, universities, investors and policy makers; asks, moreover, for support for the development of new business models, products and services through strategic partnerships and for support for the activities of business incubators;
Amendment 253 #
2016/2072(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that creative skills need to be learnt from an early age in order to lay the foundations for the continuous renewal of creative talentscan be encouraged at all stages in life; encourages the Member States to improve theirbetter connect all training, learning and qualification systems, and opportunities enabling students in cultural and arts disciplines to acquire comprehensive trainingdevelop their own talent;
Amendment 274 #
2016/2072(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the potential of CCIs regarding youth employment and reindustrialisation; calls on the Commission and the Member States to incluconsider the CCIs in the Youth Employment Initiative and to provide funds to facilitate careers and training in this sectorspecial opportunities offered by the whole CCS in the framework for example of the Youth Employment Initiative;
Amendment 282 #
2016/2072(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission and the Member States to securerespect the cultural diversity offered by CCS, to include in their preservaiorities the promotion of traditional European savoir-faire, preserving and promoting the craft trades linked to the CCS and to re-valorise vocational training and a highly skilled workforce in order to attract talents, national, regional and local savoir-faire, including the variety linked to linguistic expressions and traditions, and to continue the common effort to boost vocational training;
Amendment 293 #
2016/2072(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the CommissionMember States and regional authorities to raise awareness about career opportunities in manufacturing jobs through awareness campaigns and policies promoting the transmission of knowledge in order to preserve and develop craftsmanship in these sectors;
Amendment 301 #
2016/2072(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Members States to follow up on Erasmus+ incentives to promote cross-sectorial approaches between different areas in formal education and in non-formal learning; recommends the creation within higherencourages higher education and professional education institutions of jointto cross programmes between arts and culture, science, engineering, technology, business and other relevant fields; stresses the need to support centres of excellence and relevant economic fields;
Amendment 337 #
2016/2072(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that participation in all EU funded programmes is open to CCIs, but that this participation should still to be considered below its potential; asks the Commission as a first step to create aand asks the Commission as a first step to join forces between the different DGs in charge of SMEs and create an up-dated one stop shop – e.g. a website – highlighting different funding opportunities for CCIs, as this would increase awareness and accessibility of funding for CCIs;
Amendment 359 #
2016/2072(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to establish the cultural and creative industriesrespect art 167, §4 and establish the CCIs, as part of the CCS, as a horizontal priority within EU funding schemes, in and programmes, particularly in Horizon 2020 and the ESIFs;
Amendment 367 #
2016/2072(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 371 #
2016/2072(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 380 #
2016/2072(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that in order to improve access to finance in the CCINotes that the Commission included a training scheme for financial intermediaries and bankers wit is necessary to develop expertise in assessing the value of intangible assets which could be used as collateralh the new "Guarantee Facility" tool of Creative Europe , in order to develop sensitivity to the sector itself and expertise in assessing the special character and type of added value of CCS; considers it useful to assert the success of this scheme and if positive, then to extend it to various areas of policies;
Amendment 386 #
2016/2072(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 11 #
2016/2030(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the establishment of the East StratCom Team within the European External Action Service (EEAS) with the aim of countering anti-EU propaganda and disinformation; insists upon the difference between ‘propaganda’ and criticism;
Amendment 23 #
2016/2030(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the need to strengthen independent media, especially in the EUmedia pluralism and independent media, in the European Union and its neighbourhood, inter alia through support for journalists and the development of capacity-building programmes for media actors, fostering information-exchange partnerships and networks, such as content- sharing platforms, media-related research, exchange and training opportunities for journalists, and placements with EU-based media to facilitate exchanges of best practices;
Amendment 29 #
2016/2030(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for Member States to provide and ensure the necessary framework for quality journalism and variety of information, in fighting media concentrations, which have a negative impact on media pluralism;
Amendment 42 #
2016/2030(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the importance of a coherent communication ong EU policies effectively, internally as well as externally, and of ensuring access to information in local languages; welcomes, in this context, the launch of the EEAS website in Russian;, underlines thate need to provide the same facilities for Arab and Turkish languages; calls for particular attention shouldto be paid to new technologies – including digital broadcasting, mobile communications, online media and social networks – which facilitate the dissemination of information about, and increased awareness of, the European values enshrined in the Treaties.
Amendment 3 #
2016/0403(COD)
Proposal for a regulation
Title 1
Title 1
Amendment 3 #
2016/0402(COD)
Proposal for a directive
Title 1
Title 1
Amendment 482 #
2016/0379(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Dispatching of power generation facilities and demand response shall be non-discriminatory and market based unless otherwise provided under paragraphs 2 to 4Member States shall ensure that when dispatching electricity-generating installations, transmission system operators shall give priority to generating installations using variable renewable energy sources in so far as the secure operation of the national electricity system permits and based on transparent and non-discriminatory criteria.
Amendment 495 #
2016/0379(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 508 #
2016/0379(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 518 #
2016/0379(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 532 #
2016/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 541 #
2016/0379(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 543 #
2016/0379(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 558 #
2016/0379(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 90 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States, the Commission and BEREC shall also contribute to the achievement of these objectives.
Amendment 91 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities mayshall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 92 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The national regulatory and other competent authorities as well as BEREC shalland the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives:
Amendment 93 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote access to, and take-up of,the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile and of interpersonal communications services, by all Union citizens and businesses;
Amendment 95 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans- European networks, the availability and interoperability of pan- European services, and end-to-end connectivity;
Amendment 97 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 98 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;
Amendment 99 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
Amendment 100 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) taking due account of the variety of conditions relating to infrastructure, competition and consumeras well as service competition and end-users' circumstances that exist in the various geographic areas within a Member State;
Amendment 101 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
Amendment 103 #
2016/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8
Article 5 – paragraph 1 – subparagraph 2 – indent 8
– dealingensuring compliance with issurules related to open internet access;
Amendment 108 #
2016/0288(COD)
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and other national regulatory authorities and stakeholders thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within one month. The one-month period may not be extended.
Amendment 117 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Member States mayshall, however, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessaryin order to:
Amendment 118 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3
Article 45 – paragraph 5 – subparagraph 3
A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined the Union and by Member States in accordance with Union law.
Amendment 124 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 128 #
2016/0288(COD)
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified, in particular at retail level and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 129 #
2016/0288(COD)
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new market developments, such as in relation to commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 166 #
2016/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The requirements concerning the capabilities of electronic communications networks are constantly increasing. While in the past the focus was mainly on growing bandwidth available overall and to each individual user, other parameters like latency, availability and reliability are becoming increasingly important. The current response towards this demand is bringing optical fibre closer and closer to the user and future 'very high capacity networks' will require performance parameters which are equivalent to what a network based on optical fibre elements at least up to the distribution point at the serving location can deliver. This corresponds in the fixed-line connection case to network performance equivalent to what is achievable by an optical fibre installation up to a multi-dwelling buildingthe premises, considered as the serving location, and in the mobile connection case to network performance similar to what is achievable based on an optical fibre installation up to the base station, considered as the serving location. Variations in end-users' experience which are due to the different characteristics of the medium by which the network ultimately connects with the network termination point should not be taken into account for the purposes of establishing whether or not a wireless network could be considered as providing similar network performance. In accordance with the principle of technological neutrality, other technologies and transmission media should not be excluded, where they compare with this baseline scenario in terms of their capabilities. The roll-out of such 'very high capacity networks' will further increase the capabilities of networks and pave the way for the roll-out of future mobile network generations based on enhanced air interfaces and a more densified network architecture.
Amendment 168 #
2016/0288(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) Very significant price differences continue to prevail, both for fixed and mobile communications, between domestic voice and SMS communications and those terminating in another Member State. While there are substantial variations between countries, operators and tariff packages, and between mobile and fixed services, this continues to affect more vulnerable customer groups and to pose barriers to seamless communication within the EU. Any significant retail price differences between electronic communications services terminating in the same Member State and those terminating in another Member State should therefore be justified by reference to objective criteria.
Amendment 175 #
2016/0288(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Interpersonal communications services are services provided for remuneration that enable interpersonal and interactive exchange of information, covering services like traditional voice calls between two individuals but also all types of emails, messaging services, or group chats. Interpersonal communications services only cover communications between a finite, that is to say not potentially unlimited, number of natural persons which is determined by the sender of the communication. Communications involving legal persons should be within the scope of the definition where natural persons act on behalf of those legal persons or are involved at least on one side of the communication. Interactive communication entails that the service allows the recipient of the information to respond. Services which do not meet those requirements, such as linear broadcasting, video on demand, websites, social networks, blogs, or exchange of information between machines, should not be considered as interpersonal communications services. Under exceptional circumstances, a service should not be considered as an interpersonal communications service if the interpersonal and interactive communication facility is a purely ancillary feature to another service and for objective technical reasons cannot be used without that principal service, and its integration is not a means to circumvent the applicability of the rules governing electronic communications services. An example for such an exception could be, in principle, a communication channel in online games, depending on the features of the communication facility of the service.
Amendment 229 #
2016/0288(COD)
Proposal for a directive
Recital 127
Recital 127
(127) Massive growth in radio spectrum demand, and in end-user demand for wireless broadband capacity, calls for solutions allowing alternative, complementary, spectrally efficient access solutions, including low-power wireless access systems with a small-area operating range such as radio local area networks (RLAN) and networks of low-power small- size cellular access points. Such complementary wireless access systems, in particular publicly accessible RLAN access points, increase access to the internet for end-users and mobile traffic off-loading for mobile operators. RLANs use harmonised radio spectrum without requiring an individual authorisation or spectrum usage right. Most RLAN access points are so far used by private users as local wireless extension of their fixed broadband connection. End-users, within the limits of their own internet subscription, should not be prevented frombe encouraged to sharinge access to their RLAN with others, so as to increase the number of available access points, particularly in densely populated areas, maximise wireless data capacity through radio spectrum re- use and create a cost- effective complementary wireless broadband infrastructure accessible to other end-users. Therefore, unnecessary restrictions to the deployment and interlinkage of RLAN access points should also be removed. Public authorities or public service providers, who use RLANs in their premises for their personnel, visitors or clients, for example to facilitate access to e-Government services or for information on public transport or road traffic management, could also provide access to such access points for general use by citizens as an ancillary service to services they offer to the public on such premises, to the extent allowed by competition and public procurement rules. Moreover, the provider of such local access to electronic communications networks within or around a private property or a limited public area on a non-commercial basis or as an ancillary service to another activity that is not dependant on such access (such as RLAN hotspots made available to customers of other commercial activities or to the general public in that area) can be subject to compliance with general authorisations for rights of use for radio spectrum but should not be subject to any conditions or requirements attached to general authorisations applicable to providers of public communications networks or services or to obligations regarding end-users or interconnection. However, such provider, as well as end users or consumers sharing access should remain subject to the liability rules of Article 12 of Directive 2000/31/EC on electronic commerce35 . Further technologies such as LiFi are emerging that will complement current radio spectrum capabilities of RLANs and wireless access point to include optical visible light-based access points and lead to hybrid local area networks allowing optical wireless communication. _________________ 35 Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), (OJ L 178, 17.7.2000, p.1).
Amendment 234 #
2016/0288(COD)
Proposal for a directive
Recital 139
Recital 139
(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances in line with the objectives of this directive, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.
Amendment 241 #
2016/0288(COD)
Proposal for a directive
Recital 139 a (new)
Recital 139 a (new)
(139 a) In geographic areas where markets, by virtue of prospective investments or commercial agreements, including co-investment agreements, show or can be expected on a forward- looking basis to qualify as an oligopoly, the promotion of competition and safeguarding of end-user benefits are likely to be compromised. In such cases, it is appropriate for national regulatory authorities to be vigilant and conduct specific monitoring on an ex ante basis and national regulatory authorities are more likely to need to impose or maintain ex-ante obligations. This applies a fortiori if a wholesale market is concerned.
Amendment 263 #
2016/0288(COD)
Proposal for a directive
Recital 175
Recital 175
Amendment 298 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit- and packet- switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed; it does not include network elements managed by individuals in the context of not-for-profit activities;
Amendment 301 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'very high capacity network' means an electronic communications network which either consists wholly of optical fibre elements at least up to the distribution point at the serving location corresponding in the fixed-line connection case to the premises and in the mobile connection case to the base station, or which is capable of delivering under usual peak- time conditions similarat least the same network performance in terms of available down- and uplink bandwidth, resilience, error- related parameters, and latency and its variation. Network performance can be considered similarat least the same regardless of whether the end-user experience varies due to the inherently different characteristics of the medium by which the network ultimately connects with the network termination point.
Amendment 316 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine- to-machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services as well as not-for-profit-services provided by individuals;
Amendment 321 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient(s); it does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;
Amendment 328 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘harmful interference’ means interference which endangers the functioning of a radio navigation service or of other safety and mission-critical services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable international, Union or national regulations;
Amendment 333 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘general authorisation’ means a legal framework established by the Member State ensuring rights for the provision of electronic communications networks or services and laying down sector-specific obligations that may apply to all or to specific types of electronic communications networks and services, in accordance with this Directive, excluding not-for-profit-services provided by individuals.
Amendment 337 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Member States shall ensure that in carrying out the regulatory tasks specified in this Directive, the national regulatory and other competent authorities take all reasonable measures which are necessary and proportionate for achieving the objectives set out in paragraph 2. Member States, the Commission and BEREC shall also contribute to the achievement of these objectives.
Amendment 345 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
National regulatory and other competent authorities mayshall contribute within their competencies to ensuring the implementation of policies aimed at the promotion of cultural and linguistic diversity, as well as media pluralism.
Amendment 350 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The national regulatory and other competent authorities as well as BEREC shalland the Commission, in discharging their respective responsibilities under this Directive, shall pursue each of the general objectives listed below. The expression of the list in the order from (a) to (d) does not constitute a ranking of the general objectives:
Amendment 356 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) promote access to, and take-up of,the availability and affordability of and access to very high capacity data connectivity, both fixed and mobile and of interpersonal communications services, by all Union citizens and businesses;
Amendment 364 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) contribute to the development of the internal market by removing remaining obstacles to, and facilitating convergent conditions for, investment in and the provision of electronic communications networks, associated facilities and services and electronic communications services throughout the Union, by developing common rules and predictable regulatory approaches, by favouring the effective, efficient and coordinated use of spectrum, open innovation, the establishment and development of trans- European networks, the availability and interoperability of pan- European services, and end-to-end connectivity;
Amendment 367 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) promote the interests of the citizens of the Union, including in the long term, by ensuring widespread availability and take- up of very high capacity connectivity, both fixed and mobile, and of interpersonal communications services, by enabling maximum benefits in terms of choice, price and quality on the basis of effective competition, by maintaining security of networks and services, by ensuring a high and common minimum level of protection for end- users through the necessary sector-specific rules and by addressing the needs, such as for affordable prices, of specific social groups, in particular disabled users, elderly users and users with special social needs.
Amendment 373 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) promoting regulatory predictability by ensuring a consistent regulatory approach over appropriate review periods and through cooperation with each other, with BEREC and with the Commission;
Amendment 375 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(a a) safeguarding competition to the benefit of consumers and promoting, where appropriate, infrastructure-based competition;
Amendment 381 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 3 – point e
Article 3 – paragraph 3 – point e
(e) taking due account of the variety of conditions relating to infrastructure, competition and consumeras well as service competition and end-users' circumstances that exist in the various geographic areas within a Member State;
Amendment 382 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 3 – point f
Article 3 – paragraph 3 – point f
Amendment 389 #
2016/0288(COD)
Proposal for a directive
Article 3 – paragraph 3 – point f a (new)
Article 3 – paragraph 3 – point f a (new)
(f a) safeguarding competition to the benefit of consumers, including the imposition of ex-ante regulatory obligations to secure effective and sustainable competition on wholesale markets and promoting, where appropriate, infrastructure-based competition.
Amendment 399 #
2016/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)
Article 5 – paragraph 1 – subparagraph 2 – indent 6 a (new)
- monitoring closely the development of the Internet of Things;
Amendment 400 #
2016/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 6 b (new)
Article 5 – paragraph 1 – subparagraph 2 – indent 6 b (new)
- ensuring competition and consumer protection in the Internet of Things;
Amendment 403 #
2016/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 2 – indent 8
Article 5 – paragraph 1 – subparagraph 2 – indent 8
- dealingensuring compliance with issurules related to open internet access;
Amendment 406 #
2016/0288(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. National regulatory authorities and other competent authorities of the same Member State or of different Member States shall have the right to enter into cooperative arrangements with each other to foster regulatory cooperation where necessary.
Amendment 415 #
2016/0288(COD)
Proposal for a directive
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Member States shall ensure that national regulatory authorities apply Regulation 2015/2120 and BEREC Guidelines adopted pursuant to Article 5.3 of the abovementioned Regulation and coordinate within BEREC with other national regulatory authorities when implementing it.
Amendment 513 #
2016/0288(COD)
Proposal for a directive
Article 32 – paragraph 3 – subparagraph 2
Article 32 – paragraph 3 – subparagraph 2
it shall make the draft measure accessible to the Commission, BEREC, and the national regulatory authorities in other Member States, at the same time, together with the reasoning on which the measure is based, in accordance with Article 20(3), and inform the Commission, BEREC and other national regulatory authorities and stakeholders thereof. National regulatory authorities, BEREC and the Commission may make comments to the national regulatory authority concerned only within onetwo month. The onetwo-months period may not be extended.
Amendment 567 #
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 ensure that electronic communications content are encrypted from end-to-end by default, in order 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.
Amendment 596 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point a
Article 45 – paragraph 2 – subparagraph 1 – point a
(a) ensuring coverage of their national territory and population at high quality and speed, both indoors and outdoors, including along major transport paths, including the trans-European transport network as defined in Regulation 1315/2013;
Amendment 603 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1 – point e a (new)
Article 45 – paragraph 2 – subparagraph 1 – point e a (new)
(e a) The Commission shall establish a programme aiming to release spectrum for shared and unlicensed uses. This programme shall include the development of a European database of shared and unlicensed spectrum.
Amendment 611 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Article 45 – paragraph 4 – subparagraph 2 – introductory part
Member States may, however,shall provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessaryin order to:
Amendment 616 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)
Article 45 – paragraph 5 – subparagraph 2 – point d a (new)
(d a) the promotion of interconnection in Europe along major transport paths
Amendment 617 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 5 – subparagraph 3
Article 45 – paragraph 5 – subparagraph 3
A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may, exceptionally, also extend such a measure in order to fulfil other general interest objectives as defined by the Union and Member States in accordance with Union law.
Amendment 628 #
2016/0288(COD)
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point b
Article 46 – paragraph 1 – subparagraph 2 – point b
(b) the need to avoid an protect against harmful interference;
Amendment 632 #
2016/0288(COD)
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point d a (new)
Article 46 – paragraph 1 – subparagraph 2 – point d a (new)
(d a) requirements for coverage and performance of mobile network along all major roads and railways;
Amendment 633 #
2016/0288(COD)
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 2 – point d b (new)
Article 46 – paragraph 1 – subparagraph 2 – point d b (new)
(d b) suitable metrics to track the fulfilment of subparagraph (e), which are representative of end-user experience (voice and data);
Amendment 638 #
2016/0288(COD)
Proposal for a directive
Article 46 – paragraph 1 – subparagraph 3 – introductory part
Article 46 – paragraph 1 – subparagraph 3 – introductory part
When applying a general authorisation or individual rights taking in account measures adopted under Decision No 676/2002/EC where the radio spectrum band concerned has been harmonised, Member States shall seek to minimiseavoid problems of harmful interference, including in cases of shared use of radio spectrum on the basis of a combination of general authorisation and individual rights of use. In so doing, they shall have regard to the need:
Amendment 662 #
2016/0288(COD)
Proposal for a directive
Article 48 – paragraph 3
Article 48 – paragraph 3
3. An exception to the requirement of open procedures may apply in cases where the granting of individual rights of use for radio spectrum to the providers of radio or television broadcast content services is necessary to achieve a general interest objective as defined by the Union and the Member States in conformity with Union law.
Amendment 674 #
2016/0288(COD)
Proposal for a directive
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Where Member States grant rights of use for harmonised radio spectrum for a limited period of time, those rights of use for harmonised radio spectrum shall be valid for a maximum duration of at least 25 years, except in the case of temporary rights, temporary extension of rights pursuant to paragraph 3 and rights for secondary use in harmonised bandreviewed at regular intervals of maximum 5 years for assessing and amending the rights according to laydown procedures.
Amendment 702 #
2016/0288(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
Where that provision is not commercial in character or is ancillary to another commercial activity or public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or end-user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Article 12, to obligations regarding end-users rights pursuant to Title III of Part III of this Directive nor to obligations to interconnect their networks pursuant to Article 59 (1). Individuals providing such access not-for- profit shall not be liable for information transmitted by third parties over such access.
Amendment 705 #
2016/0288(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Competent authorities shall not prevent providers of public communications networks or publicly available electronic communications services from allowing access to their networks to the public, through radio local area networks, which may be located at an end-user's premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user.
Amendment 709 #
2016/0288(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
a) the right of end-users to accede to radio local area networks of their choice provided by third parties;
Amendment 711 #
2016/0288(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point b
Article 55 – paragraph 3 – subparagraph 1 – point b
b) the right of end-users to allow reciprocally or more generally access to the networks of such providers by other end- users through radio local area networks, including on the basis of third-party initiatives which aggregate and make publicly accessible the radio local area networks of different end-users.
Amendment 713 #
2016/0288(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2
Article 55 – paragraph 3 – subparagraph 2
Amendment 714 #
2016/0288(COD)
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
4. Competent authorities shall not restrict the right of end-users to allow reciprocally or more generally access to their radio local area networks by other end-users, including on the basis of third- party initiatives which aggregate and make the radio local area networks of different end-users publicly accessible.
Amendment 715 #
2016/0288(COD)
Proposal for a directive
Article 55 – paragraph 5 – point b
Article 55 – paragraph 5 – point b
(b) by initiatives of non-governmental organisations or public authorities to aggregate and make reciprocally or more generally accessible the radio local area networks of different end-users, including, where applicable, the radio local area networks to which public access is provided in accordance with point (a).
Amendment 719 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1
Article 59 – paragraph 1 – subparagraph 1
National regulatory authorities shall, acting in pursuit of the objectives set out in Article 3, encourage and where appropriate ensure, in accordance with the provisions of this Directive, adequate access and interconnection, and the interoperability of services, exercising their responsibility in a way that promotes efficiency, sustainable competition, the deployment of very high capacity networks, efficient investment and innovation, and gives the maximum benefit to end-users. They shall provide guidance and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.
Amendment 722 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c
Article 59 – paragraph 1 – subparagraph 2 – point c
Amendment 731 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3 – point i
Article 59 – paragraph 1 – subparagraph 3 – point i
(i) to the extent necessary to ensure interoperability of interpersonal communications services and may include an obligations relating to the use and implementation to publish and authorize the use, modification and redistribution of any relevant information or an obligation to use or implement of standards or specifications listed in Article 39(1) or of any other relevant European or international standards; and
Amendment 738 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
Amendment 752 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
Article 59 – paragraph 2 – subparagraph 2
Amendment 765 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraphbeyond the first concentration or distribution point where:
Amendment 767 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a
Article 59 – paragraph 2 – subparagraph 3 – point a
Amendment 792 #
2016/0288(COD)
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 1
Article 61 – paragraph 2 – subparagraph 1
An undertaking shall be deemed to have significant market power if, either individually or jointly with others, including through a commercial or a co- investment agreement, it enjoys a position equivalent to dominance, that is to say a position of economic strength affording it the power to behave to an appreciable extent independently of competitors, customers and ultimately consumers.
Amendment 795 #
2016/0288(COD)
Proposal for a directive
Article 61 – paragraph 2 – subparagraph 2 a (new)
Article 61 – paragraph 2 – subparagraph 2 a (new)
3. Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to this Directive.
Amendment 806 #
2016/0288(COD)
Proposal for a directive
Article 62 – paragraph 3
Article 62 – paragraph 3
3. National regulatory authorities shall, taking the utmost account of the Recommendation and the SMP guidelines, define relevant markets appropriate to national circumstances, in particular relevant geographic markets within their territory, in accordance with the principles of competition law. National regulatory authorities shall take into account the results of the geographical survey conducted in accordance with Article 22(1). They shall follow the procedures referred to in Articles 23 and 32 before defining the markets that differ from those identified in the Recommendation.
Amendment 818 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – point a
Article 65 – paragraph 2 – point a
Amendment 831 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – point b
Article 65 – paragraph 2 – point b
(b) all relevant competitive constraints, including at retailespecially at wholesale level, irrespective of whether the sources of such constraints are deemed to be electronic communications networks, electronic communications services, or other types of services or applications which are comparable from the perspective of the end-user, and irrespective of whether such constraints are part of the relevant market;
Amendment 835 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – point c
Article 65 – paragraph 2 – point c
Amendment 837 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 2 – point d
Article 65 – paragraph 2 – point d
Amendment 843 #
2016/0288(COD)
Proposal for a directive
Article 65 – paragraph 4
Article 65 – paragraph 4
4. Where a national regulatory authority determines that, in a relevant market the imposition of regulatory obligations in accordance with paragraphs 1 and 2 of this Article is justified, it shall identify any undertakings which individually or jointly have a significant market power on that relevant market in accordance with Article 61. The national regulatory authority shall impose on such undertakings appropriate specific regulatory obligations in accordance with Article 66 or maintain or amend such obligations where they already exist if it considers that one or more retail markets would not be effectively competitive in the absence of those obligations.
Amendment 850 #
2016/0288(COD)
Proposal for a directive
Article 66 – paragraph 2
Article 66 – paragraph 2
2. Where an operator is designated as having significant market power on a specific market as a result of a market analysis carried out in accordance with Article 65 of this Directive, national regulatory authorities shall be able to impose any of the obligations set out in Articles 67 to 75 and 77 of this Directive as appropriate.
Amendment 855 #
2016/0288(COD)
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Obligations imposed in accordance with this Article shall be based on the nature of the problem identified, in particular at retail level and where appropriate taking into account the identification of transnational demand pursuant to Article 64. They shall be proportionate, have regard to the costs and benefits, and be justified in the light of the objectives laid down in Article 3 of this Directive. Such obligations shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 864 #
2016/0288(COD)
Proposal for a directive
Article 66 – paragraph 6
Article 66 – paragraph 6
6. National regulatory authorities shall consider the impact of new market developments, such as in relation to commercial agreements, including co- investment agreements, which have been concluded or unforeseeably breached or terminated affecting competitive dynamics. If these developments are not sufficiently important in order to determine the need to undertake a new market analysis in accordance with Article 65, the national regulatory authority shall assess whether it is necessary to review the obligations imposed on operators designated with significant market power in order to ensure that such obligations continue to meet the conditions in paragraph 4. Such amendments shall only be imposed following consultation in accordance with Articles 23 and 32.
Amendment 869 #
2016/0288(COD)
Proposal for a directive
Article 67 – paragraph 3 a (new)
Article 67 – paragraph 3 a (new)
3 a. In particular where an operator has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities, national regulatory authorities shall specify key performance indicators as well as corresponding service level agreements and associated fee penalties, to be made available on the access provided, respectively, to the operators' own downstream activities and to beneficiaries of the access obligations. Notwithstanding paragraphs 2, 3 and 4, where an operator designated as having significant market power has obligations of access to civil engineering and/or obligations of access to, and use of, specific network facilities in accordance with Article (INSERT REFERENCE), national regulatory authorities shall ensure the publication of a reference offer containing at least the elements set out in Annex (INSERT REFERENCE).
Amendment 871 #
2016/0288(COD)
Proposal for a directive
Article 68 – paragraph 2
Article 68 – paragraph 2
2. Obligations of non-discrimination shall ensure, in particular, that the operator applies equivalent conditions in equivalent circumstances to other undertakings providing equivalent services, and provides services and information to others under the same conditions and of the same quality as it provides for its own services, or those of its subsidiaries or partners. In particular, in cases where the operator is deploying new systems, nNational regulatory authorities may impose on that operator obligations to supply relevant information, access products and services to all undertakings, including to itself, on the same timescales, terms and conditions, including those relating to price and service levels, and by means of the same systems and processes, in order to ensure equivalence of access input.
Amendment 875 #
2016/0288(COD)
Proposal for a directive
Article 70 – title
Article 70 – title
Access to civil engineering and to entire and shared physical network elements
Amendment 878 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 1
Article 70 – paragraph 1
1. A national regulatory authority may, in accordance with Article 66, impose obligations on operators to meet reasonable requests for access to, and use of, civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets, in situations where the market analysis indicatewhere it considers that denial of access or access given under unreasonable terms and conditions having a similar effect would hinder the emergence of a sustainable competitive market at the retail level and would not be in the end-user's interest.:
Amendment 886 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 1 – point a (new)
Article 70 – paragraph 1 – point a (new)
(a) impose obligations to meet reasonable requests for access to, and use of civil engineering including, without limitation, buildings or entries to buildings, building cables including wiring, antennae, towers and other supporting constructions, poles, masts, ducts, conduits, inspection chambers, manholes, and cabinets
Amendment 887 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 1 – point b (new)
Article 70 – paragraph 1 – point b (new)
(b) impose obligations of access to, and use of, specific entire physical network elements and associated facilities, including unbundled access to the metallic local loop and sub-loop as well as unbundled access to fibre loops and fiber terminating segments;
Amendment 888 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 1 – point c (new)
Article 70 – paragraph 1 – point c (new)
(c) impose obligations to share with third parties specified network elements, including shared access to the metallic local loop and subloop as well as shared access to fibre loops and fibre terminating segments including wavelength division multiplexing and similar sharing solutions.
Amendment 894 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 2
Article 70 – paragraph 2
2. National regulatory authorities may impose obligations on an operator to provide access in accordance with this Article, irrespective of whether the assets that are affected by the obligation are part of the relevant market in accordance with the market analysis, provided that the obligation is necessary and proportionate to meet the objectives of Article 3.shall take account in particular of the following factors:
Amendment 895 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 2 – point a (new)
Article 70 – paragraph 2 – point a (new)
(a) the technical and economic viability of using or installing competing facilities, in the light of the rate of market development, taking into account the nature and type of interconnection and/or access involved, including the viability of other upstream access products such as access to ducts;
Amendment 896 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 2 – point b (new)
Article 70 – paragraph 2 – point b (new)
(b) the technological evolution affecting network design and management
Amendment 897 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 2 – point c (new)
Article 70 – paragraph 2 – point c (new)
(c) the feasibility of providing the access proposed, in relation to the capacity available;
Amendment 898 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 2 – point d (new)
Article 70 – paragraph 2 – point d (new)
(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment;
Amendment 899 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 2 – point e (new)
Article 70 – paragraph 2 – point e (new)
(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure based competition;
Amendment 900 #
2016/0288(COD)
Proposal for a directive
Article 70 – paragraph 2 – point f (new)
Article 70 – paragraph 2 – point f (new)
(f) the provision of pan-European services.
Amendment 907 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 1
Article 71 – paragraph 1 – subparagraph 1
Amendment 917 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point a
Article 71 – paragraph 1 – subparagraph 2 – point a
(a) to give third parties access to specified non-physical network elements and/or facilities, as appropriate including access to network elements which are either not active or physical and/or active or virtual unbundled access to the local looptive services under transparent and regulated tariff conditions, which at least make it possible to reproduce the tariffs of the retail offers of the regulated operator;
Amendment 928 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
Article 71 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) to provide specified services on a wholesale basis for resale by third parties;
Amendment 939 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 2 – introductory part
Article 71 – paragraph 2 – introductory part
2. When national regulatory authorities are considering the appropriateness of imposing any of the possible specific obligations referred in paragraph 1, and in particular when assessing, in conformity with the principle of proportionality, whether and how such obligations should be imposed, they shall analyse whether other forms of access to wholesale inputs either on the same or a related wholesale market, would already be sufficient to address the identified problem at the retail level. The assessment shall include existing or prospective commercial access offers, regulated access pursuant to Article 59, or existing or contemplated regulated access to other wholesale inputs pursuant to this Article. They shall take account in particular of the following factors:
Amendment 958 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 2 – point d
Article 71 – paragraph 2 – point d
(d) the initial investment by the facility owner, taking account of any public investment made and the risks involved in making the investment with particular regard to investments in and risk levels associated with very high capacity networks;
Amendment 965 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 2 – point e
Article 71 – paragraph 2 – point e
(e) the need to safeguard competition in the long term, with particular attention to economically efficient infrastructure- based competition and to sustainable competition based on co-investment in networks;
Amendment 969 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 2 – point g a (new)
Article 71 – paragraph 2 – point g a (new)
(g a) the existence of a broad choice of offers and providers for fixed and mobile access, for each consumer in Europe irrespective of their place of residence;
Amendment 970 #
2016/0288(COD)
Proposal for a directive
Article 71 – paragraph 2 – point g b (new)
Article 71 – paragraph 2 – point g b (new)
(g b) the development of a democratic society in the digital era allowing free access to information and expression for all citizens of Europe;
Amendment 976 #
2016/0288(COD)
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 2
Article 72 – paragraph 1 – subparagraph 2
Amendment 980 #
2016/0288(COD)
Proposal for a directive
Article 72 – paragraph 1 – subparagraph 3
Article 72 – paragraph 1 – subparagraph 3
Amendment 1003 #
2016/0288(COD)
Proposal for a directive
Article 74 – paragraph 1
Article 74 – paragraph 1
Amendment 1039 #
2016/0288(COD)
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1
Article 75 – paragraph 1 – subparagraph 1
Where the national regulatory authority concludes that the appropriate obligations imposed under Articles 67 to 72 have failedare not sufficient to achieve effective competition and that there are important and persisting competition problems and/or market failures identified in relation to the wholesale provision of certain access product markets, it may, as an exceptional measure, in accordance with the provisions of the second subparagraph of Article 66(3), impose an obligation on vertically integrated undertakings to place activities related to the wholesale provision of relevant access products in an independently operating business entity.
Amendment 1046 #
2016/0288(COD)
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
(b) the undertaking does not hold an exclusive agreement, or an agreement which de jure or de facto amounts to an exclusive agreement, with a single and separate undertaking operating downstream that is active in any retail market for electronic communications services provided to private or commercial end- users, and/or limiting third party access to civil engineering and/or limiting third party access to, and use of specific network elements and associated facilities.
Amendment 1056 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
1. Member States shall ensure that all end-users in their territory have access at an affordable price, in the light of specific national conditions, to available functionalbroadband internet access and voice communications services at the quality specified in their territory, including the underlying connection, at least at a fixed location.
Amendment 1057 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
Amendment 1072 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92 a 1. Providers of electronic communication services to the public shall not apply tariffs for intra-Union fixed and mobile communications services terminating in another Member State different from tariffs for services terminating in the same member state, unless the provider demonstrates the existence of direct costs that are objectively justified. 2. Six months after the entry into force of this Directive, BEREC shall provide guidelines on the recovery of such objectively justified direct costs pursuant to paragraph 1. 3. One year after the entry into force of this Directive and annually thereafter, the European Commission shall provide a report on the application of the obligations of paragraph 1, including an assessment of the evolution of intra- Union communication tariffs.
Amendment 1099 #
2016/0288(COD)
Proposal for a directive
Annex I – part A – point 4
Annex I – part A – point 4
Amendment 1116 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point b – introductory part
Annex IV – paragraph 1 – point b – introductory part
(b) The co-investment offer shall be fair, reasonable, non-discriminatory and transparent:
Amendment 1130 #
2016/0288(COD)
Proposal for a directive
Annex IV – paragraph 1 – point c – indent 1
Annex IV – paragraph 1 – point c – indent 1
- All undertakings have to be offered fair, reasonable and non-discriminatory terms and conditions for participation in the co-investment agreement relative to the time they join, including in terms of financial consideration required for the acquisition of specific rights, in terms of access to individual lines, in terms of the protection awarded to the co-investors by those rights both during the building phase and during the exploitation phase, for example by granting indefeasible rights of use (IRUs) for the expected lifetime of the co-invested network and in terms of the conditions for joining and potentially terminating the co-investment agreement. Non-discriminatory terms in this context do not entail that all potential co-investors must be offered exactly the same terms, including financial terms, but that all variations of the terms offered must be justified on the basis of the same objective, transparent, non-discriminatory and predictable criteria such as the number of end user lines committed for.
Amendment 73 #
2016/0287(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Due to the limited reach of any single local wireless access point and the small value of individual projects covered, access points benefitting from financial assistance under this Regulation are not expected to challenge commercial offers. In order to further ensure that such financial assistance does not unduly distort competition, crowd out private investments or create disincentives for private operators to invest, the intervention should be focused on areas determined by the Member States or the Commission as lagging behind in connectivity or digital literacy and limited to projects that do not duplicate already existing private or public offers of similar characteristics in the same area. This should not exclude additional support to deployments under this initiative from public or private sources of funding.
Amendment 89 #
2016/0287(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Given Internet connectivity needs within the Union and the urgency of promoting access networks that can deliver, throughout the EU, an Internet experience of high quality based on very high-speed broadband services, financial assistance should seek to attain a geographically balanced distribution within the constraints of eligibility criteria designed to reduce the digital divide.
Amendment 118 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) 283/2014
Annex – section 4 – paragraph 5
Annex – section 4 – paragraph 5
The available budget shall be allocated in a geographically balanced manner to projects meeting the above conditions in view of the proposals receivedwith priority being given to projects in areas identified as lagging behind in connectivity and digital literacy, meeting the eligibility criteria detailed in the Work Programme and, in principle, on a 'first come, first served' basis.
Amendment 124 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 283/2014
Annex – section 4 – paragraph 5 a (new)
Annex – section 4 – paragraph 5 a (new)
By 15 July 2017, the Commission shall issue the Work Programme further detailing, in particular, the geographical eligibility criteria, the list of eligible entities, administrative set-up and financial flows and initiate its approval through a delegated act.
Amendment 126 #
2016/0287(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union except in the event that the legislative act to be adopted following the proposal referred to in Article 2 – paragraph 1 – point 6 a (new) of Regulation (EU) No 283/2014 is applicable later than 15 July 2017, then shall apply from that date.
Amendment 25 #
2016/0286(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The implementation of the regulatory framework for electronic communications, together with the advances in communication technology and in software, have led to leaps forward in the way that culture and cultural content are distributed and accessed by European citizens. However, the uneven coverage of infrastructure and lock-in effects have also brought deep digital divides. To bridge those divides and prevent the emergence of new ones, in particular in relation to cultural diversity and multilingualism, BEREC, by using appropriate tools for the scale of the issues, is one of the institutions that need to factor in the broader cultural and social impact when issuing guidelines, opinions and other types of texts.
Amendment 58 #
2016/0286(COD)
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
BEREC shall act within the scope of Directive [...], Directive 2002/58/EC, Regulation (EC) No 531/2012, Regulation (EU) No 2015/2120 and Decision 243/2012/EU36 (Radio Spectrum Policy Programme) and any other Union act setting new tasks and powers for it. _________________ 36 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
Amendment 59 #
2016/0286(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. BEREC shall pursue the same objectives as those of national regulatory authorities (‘NRAs’) referred to in Article 3 of the Directive. In particular, BEREC shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the harmonised internal market. It shall also promote non-discriminatory treatment of traffic in the provision of internet access services; open internet access; access to, and take-up of, very high capacity data connectivity; competition in the provision of electronic communications networks, services and associated facilities; and the interests of the citizens of the Union.
Amendment 61 #
2016/0286(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. BEREC shall carry out its tasks independently, impartially and transparently and shall draw upon the expertise available in the NRAs. Each Member State shall ensure that the NRAs have the adequate financial and human resources required to participate in the work of BEREC.
Amendment 66 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) assist, advise and cooperate with the Commission, the European Parliament and the Council as well as NRAs, on request or on its own initiative, on any technical matter within its mandate, and assist and advise the European Parliament and the Council on request;
Amendment 69 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) advise the European Parliament, the Council and the Commission, on request or its own initiative, on the outcome of its analysis of the regulatory impact of any matter regarding the dynamics of the internal market in its areas of competence;
Amendment 91 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – indent 1 a (new)
Article 2 – paragraph 1 – point e – indent 1 a (new)
– on the consistent implementation of the regulatory framework for electronic communications;
Amendment 92 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – indent 7 a (new)
Article 2 – paragraph 1 – point e – indent 7 a (new)
– on non-discriminatory treatment of traffic in the provisions of internet access services according to Regulation (EU) No 2015/2120;
Amendment 94 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b – indent 1 a (new)
Article 2 – paragraph 2 – point b – indent 1 a (new)
– on market practices that might lead to a detrimental effect on non- discriminatory internet access, open internet, consumer rights and abusive practices;
Amendment 106 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. In so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks, BEREC may cooperate with competent Union bodies, agencies, offices and advisory groups, with competent authorities of Member States, third countries and/or with national and international organisations, in accordance to Article 26.
Amendment 110 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. BEREC may organise public consultations with all interested parties and give them the opportunity to comment within a reasonable period. BEREC shall make the results of such consultations publicly available.
Amendment 244 #
2016/0286(COD)
Proposal for a regulation
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
BEREC shall act within the scope of Directive [...], Directive 2002/58/EC, Regulation (EC) No 531/2012, Regulation (EU) No 2015/2120 and Decision 243/2012/EU36 (Radio Spectrum Policy Programme) and any other Union act setting new tasks and powers. _________________ 36 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
Amendment 246 #
2016/0286(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. BEREC shall pursue the same objectives as those of national regulatory authorities (‘'NRAs’') referred to in Article 3 of the Directive. In particular, BEREC shall ensure a consistent implementation of the regulatory framework for electronic communications within the scope referred to in paragraph 2 and thereby contribute to the development of the harmonised internal market. It shall also promote non- discriminatory treatment of traffic in the provision of internet access services; open internet access; access to, and take-up of, very high capacity data connectivity; competition in the provision of electronic communications networks, services and associated facilities; and the interests of the citizens of the Union.
Amendment 248 #
2016/0286(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. BEREC shall carry out its tasks independently, impartially and transparently and shall draw upon the expertise available in the NRAs. Each Member State shall ensure that the NRAs have the adequate financial and human resources required to participate in the work of BEREC, ensuring compulsory presence of their representatives in the meetings organised by BEREC.
Amendment 252 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) assist, advise and cooperate with the Commission, the European Parliament and the Council as well as NRAs, on request or on its own initiative, on any technical matter within its mandate, and assist and advise the European Parliament and the Council on request;
Amendment 254 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) advise the European Parliament, the Council and the Commission, on request or on its own initiative, on the outcome of its analysis of the regulatory impact of any matter regarding the dynamics of the internal market in its areas of competence;
Amendment 264 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – indent 1 a (new)
Article 2 – paragraph 1 – point e – indent 1 a (new)
– on the consistent implementation of the regulatory framework for electronic communications;
Amendment 265 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – indent 7 a (new)
Article 2 – paragraph 1 – point e – indent 7 a (new)
– on non-discriminatory treatment of traffic in the provision of internet access services according to Regulation (EU) No 2015/2120;
Amendment 268 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b – indent 1 a (new)
Article 2 – paragraph 2 – point b – indent 1 a (new)
– on market practices that might lead to a detrimental effect on non- discriminatory internet access, open internet and consumer rights and on abusive practices;
Amendment 282 #
2016/0286(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. In so far as is necessary in order to achieve the objectives set out in this regulation and perform its tasks, BEREC may cooperate with competent Union bodies, agencies, offices and advisory groups, with competent authorities of Member States, third countries and/or with national or international organisations, in accordance to Article 26.
Amendment 286 #
2016/0286(COD)
4a. BEREC may, organise public consultation with all interested parties and give them the opportunity to comment within a reasonable period. BEREC shall make the results of such consultations publicly available.
Amendment 77 #
2016/0280(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive is based upon, and complements, the rules laid down in the Directives currently in force in this area, in particular Directive 96/9/EC of the European Parliament and of the Council27 , Directive 2000/31/EC of the European Parliament and of the Council27a , Directive 2001/29/EC of the European Parliament and of the Council28 , Directive 2006/115/EC of the European Parliament and of the Council29 , Directive 2009/24/EC of the European Parliament and of the Council30 , Directive 2012/28/EU of the European Parliament and of the Council31 and Directive 2014/26/EU of the European Parliament and of the Council32 . _________________ 27 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20–28). 27a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1). 28 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). 29 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). 30 Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16–22). 31 Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5– 12). 32 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).
Amendment 83 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final. COM(2015) 626 final.
Amendment 86 #
2016/0280(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive is based upon, and complements, the rules laid down in the Directives currently in force in this area, in particular Directive 96/9/EC of the European Parliament and of the Council27 , Directive 2000/31/EC of the European Parliament and of the Council 27a, Directive 2001/29/EC of the European Parliament and of the Council28 , Directive 2006/115/EC of the European Parliament and of the Council29 , Directive 2009/24/EC of the European Parliament and of the Council30 , Directive 2012/28/EU of the European Parliament and of the Council31 and Directive 2014/26/EU of the European Parliament and of the Council32 . _________________ 27 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20–28). 27a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1). 28 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). 29 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). 30 Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16–22). 31 Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5– 12). 32 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).
Amendment 89 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers tothe processing of large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation. However, in the Union,here is a need to clarify the legality of copies made for purposes of text and data mining in order to encourage innovation and discovery in all fields. Without a mandatory exception applying throughoutthe Union, all entities engaging in text and data mining, including research organisations such as universities and research institutes, are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject-matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholdersFor text and data mining to occur one first needs to access information and then to reproduce that information. It is generally only after that information is normalised that its processing through text and data mining can occur. Once there is lawful access to information, it is when that information is being normalised that a copyright protected use takes place since this leads to a reproduction by changing the format of the information itself or an extraction from a database into one that can be subjected to text and data mining. The copyright relevant processes in the use of text and data mining technology is consequently not the text and data mining process itself which consists of a reading and analysis of digitally stored normalised information, but the process of access and the process by which information is normalised to enable its automated computational analysis. The process of access to information be it works or other subject matter protected by copyright is already regulated in the copyright related acquis. In certain instances, text and data mining may involve works protected by copyright and/or by the sui generis database right. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.
Amendment 94 #
2016/0280(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies inxt and data mining technologies which are relevant far beyond the area of scientific research. Moreover, where researchers havethere is lawful access to content, for example through subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As research is increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research area and action lines envisaged in the European Open Science Agenda will suffer unless steps are taken to address the legal uncertainty for text and data miningregarding text and data mining for all potential users. Union law must acknowledge that text and data mining is increasingly used beyond formal research organisations and for purposes other than scientific research which nevertheless contribute to innovation, technology transfer and the public interest.
Amendment 97 #
2016/0280(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In the fields of research, education and preserv and innovation, transformative use, education ofand cultural heritage, digital technologies permit new types of uses that are not clearly covered by the current Union rules on exceptions and limitations. In addition, the optional nature of exceptions and limitations provided for in Directives 2001/29/EC, 96/9/EC and 2009/24/EC in these fields may negatively impacts the functioning of the internal market. This is particularly relevant as regards cross-border uses, which are becoming increasingly important in the digital environment. Therefore, the existing exceptions and limitations in Union law that are relevant for scientific research, teaching and preservation of cultural heritage should be reassessed and complemented in the light of those new uses. Mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research, illustration for teaching in the digital environment and for preserv, illustration for teaching , user-generated content, freedom of panorama and for preservation and dissemination of cultural heritage should be introduced. For uses not covered by the exceptions or the limitations provided for in this Directive, the exceptions and limitations existing in Union law should continue to apply. Directives 96/9/EC and 2001/29/EC should be adapted.
Amendment 98 #
2016/0280(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Furthermore, there is widespread acknowledgment that access to normalised information in a format which enables it to be subjected to text and data mining can in particular benefit the research community in its entirety including to smaller research organisations especially when there is no lawful access to content, for example through subscriptions to publications or open access licences. In the Union, research organisations such as universities and research institutes are confronted with challenges to gain lawful access to the volume of digitally stored information required for new knowledge to be sought through the use of text and data mining.
Amendment 100 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database for the purposes of text and data mining, which should not be subject to compensation given that in view of the nature and scope of the exception the harm should be minimal. An additional mandatory exception should allow research organisations to have access to normalised information in a format that enables it to be text and data mined provided that that process is carried out by the research organisation. Rightholders should not be able to seek compensation for this exception that goes beyond what is necessary and proportionate to the cost of the normalisation process. Research organisations should also benefit from this exception when they engage in public-private partnerships. These new exceptions should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnerships.
Amendment 107 #
2016/0280(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Research organisations across the Union encompass a wide variety and size of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due toTaking into account the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exceptionfor instance small research organisations with only limited access to content, it is important that rightholders provide access to normalised datasets for the purpose of text and data mining.. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis or in the context of a public- interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. At the same time, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.
Amendment 112 #
2016/0280(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In view of a potentially high number of access requests to and downloads of their works or other subject- matter, rightholders should be allowed to apply measures where there is risk that the security and integrity of the system or databases where the works or other subject-matter are hosted would be jeopardised. Those measures should not exceed what is necessarand in order to ensure reproducibility of research results, Member States shall designate a facility to safely sto pursue the objective of ensuring the security and integrity of the system and should not undermine the effective application of the exceptionre datasets used for text and data mining.
Amendment 113 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers tothe processing of large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doinghere is a need to clarify the legality of copies made for purposes of text and data mining in order to encourage innovation. Howe and discover,y in the Union,all fields. Without a mandatory exception applying throughout the Union, all entities engaging in text and data mining, including research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject-matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholdersFor text and data mining to occur, one first needs to access information and then to reproduce that information. It is generally only after that information is normalised that its processing through text and data mining can occur. Once there is lawful access to information, it is when that information is being normalised that a copyright protected use takes place since this leads to a reproduction by changing the format of the information itself or an extraction from a database into one that can be subjected to text and data mining. The copyright relevant processes in the use of text and data mining technology is consequently not the text and data mining process itself which consists of a reading and analysis of digitally stored normalised information, but the process of access and the process by which information is normalised to enable its automated computational analysis. The process of access to information be it works or other subject matter protected by copyright is already regulated in the copyright related acquis. In certain instances, text and data mining could involve works protected by copyright and/or by the sui generis database right. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.
Amendment 125 #
2016/0280(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies inxt and data mining technologies which are relevant far beyond the area of scientific research. Moreover, where researchers havethere is lawful access to content, for example through subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As research is increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research area and action lines envisaged in the European Open Science Agenda will suffer unless steps are taken to address the legal uncertainty for text and data miningregarding text and data mining for all potential users. Union law should acknowledge that text and data mining is increasingly used beyond formal research organisations and for purposes other than scientific research which nevertheless contribute to innovation, technology transfer and the public interest.
Amendment 131 #
2016/0280(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9 b) Furthermore, there is widespread acknowledgment that access to normalised information in a format which enables it to be subjected to text and data mining can in particular benefit the research community in its entirety including to smaller research organisations especially when there is no lawful access to content, for example through subscriptions to publications or open access licences. In the Union, research organisations such as universities and research institutes are confronted with challenges to gain lawful access to the volume of digitally stored information required for new knowledge to be sought through the use of text and data mining.
Amendment 134 #
2016/0280(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Scientific data produced with public funding should be made available in an open format, so that researchers, citizens and companies can access the data and re-use them, including to perform text and data mining. This obligation should create an Open Data mandate for the benefit of researchers and of European SMEs and start-ups. For the advancement of European innovation, guiding principles on text and data mining enablement should be further scrutinised along the lines of the Horizon 2020 Open Research Data Pilot. The exception for text and data mining should cover all data sources, including data hosted by information society service providers, so that concentrated and anti-competitive research models can be avoided.
Amendment 136 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database for the purposes of text and data mining, which should not be subject to compensation given that in view of the nature and scope of the exception the harm should be minimal. An additional mandatory exception should allow research organisations to have access to normalised information in a format that enables it to be text and data mined provided that that process is carried out by the research organisation. Rightholders should not be able to seek compensation for this exception that goes beyond what is necessary and proportionate to the cost of the normalisation process. Research organisations should also benefit from this exception when they engage in public-private partnerships. These new exceptions should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnerships.
Amendment 155 #
2016/0280(COD)
Proposal for a directive
Recital 21 e (new)
Recital 21 e (new)
(21 e) Following technological developments and evolving user behaviour, a significant phenomenon of cultural creation has emerged, which relies on users uploading or displaying content, in various forms, to online services. Such user-generated content may comprise extracts or quotations of protected works or other subject-matter, which may be altered, combined or transformed for different purposes by users. Such uses of extracts or quotations within user-generated content, for various purposes such as the illustration of an idea, review or entertainment, are now widespread online and, provided that the use of such extracts or quotations of protected works or other subject-matter is proportionate, do not cause significant economic harm to the rightsholders concerned and may even advertise the work used within the user-generated content.
Amendment 156 #
2016/0280(COD)
Proposal for a directive
Recital 21 f (new)
Recital 21 f (new)
(21 f) Despite some overlap with existing voluntary exceptions or limitations, such as the ones for quotation and parody, the use of protected works or other subject- matter within user-generated content is nonetheless not properly covered by the existing list of exceptions or limitations, creating legal uncertainty for users. Particularly the voluntary nature of existing exceptions and limitations is significantly curtailing the development of user-generated content, which is typically disseminated in a borderless online environment. It is therefore necessary to provide a new mandatory specific exception to authorise the legitimate uses of extracts or quotations of protected works or other subject-matter within user- generated content.
Amendment 156 #
2016/0280(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Research organisations across the Union encompass a wide variety and size of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due toTaking into account the diversity of such entities, it is impfor instance small research ortgant to have a common understanding of the beneficiaries of the exceptionisations with only limited access to content, it is important that rightholders provide access to normalised datasets for the purpose of text and data mining. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis or in the context of a public- interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. At the same time, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.
Amendment 159 #
2016/0280(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In view of a potentially high number of access requests to and downloads of their works or other subject- matter, rightholders should be allowed to apply measures where there is risk that the security and integrity of the system or databases where the works or other subject-matter are hosted would be jeopardised. Those measures should not exceed what is necessarand in order to ensure reproducibility of research results, Member States shall designate a facility to safely sto pursue the objective of ensuring the security and integrity of the system and should not undermine the effective application of the exceptionre datasets used for text and data mining.
Amendment 171 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 178 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 188 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to defineclarify the sconceptpe of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weeklotection provided by article 2 and 3 of Directive 2001/29/EC. In order to improve legal certainty for all concerned parties, and to ensure the freedom to carry out certain acts necessary for monthly magazines of general or special ithe normal functioning of the Internest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection doess well as to take account of certain fundamental rights, these articles do not extend to acts of hyperlinking, which do not constitute communication to the public.
Amendment 197 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 206 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 211 #
2016/0280(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 216 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become mainimportant sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightsholders.
Amendment 230 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers which store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude conduct licencing agreements with rightsholders on a voluntary basis, the users' fundamental rights to privacy, freedom of expression and freedom of information are often not sufficiently taken into account and their ability to assert their right of use under an exception or limitation is often unjustly curtailed by the measures put in place as part of those licenscing agreements with rightholders, unless they are eligible for the liability. In order to correct this situation and provide legal certainty to users who are exercising their right of use under an excemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16)or limitation that exists under national law in the country in which the use is made, a legal framework governing those licencing agreements is necessary. In order to protect fundamental rights and improve legal certainty for all concerned parties in light of the case law of the Court of Justice of the European Union, it is necessary that any agreements on measures between rightsholders and information society service providers do not impose a general obligation on information society service providers to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.
Amendment 243 #
2016/0280(COD)
Proposal for a directive
Recital 21 e (new)
Recital 21 e (new)
(21 e) Following technological developments and evolving user behaviour, a significant phenomenon of cultural creation has emerged, which relies on users uploading or displaying content, in various forms, to online services. Such user-generated content may comprise extracts or quotations of protected works or other subject-matter, which may be altered, combined or transformed for different purposes by users. Such uses of extracts or quotations within user-generated content, for various purposes such as the illustration of an idea, review or entertainment, are now widespread online and, provided that the use of such extracts or quotations of protected works or other subject-matter is proportionate, do not cause significant economic harm to the rightholders concerned and may even advertise the work used within the user-generated content.
Amendment 244 #
2016/0280(COD)
Proposal for a directive
Recital 21 f (new)
Recital 21 f (new)
(21 f) Despite some overlap with existing voluntary exceptions or limitations, such as the ones for quotation and parody, the use of protected works or other subject- matter within user-generated content is nonetheless not properly covered by the existing list of exceptions or limitations, creating legal uncertainty for users. Particularly the voluntary nature of existing exceptions and limitations is significantly curtailing the development of user-generated content, which is typically disseminated in a borderless online environment. It is therefore necessary to provide a new mandatory specific exception to authorise the legitimate uses of extracts or quotations of protected works or other subject-matter within user- generated content.
Amendment 249 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 256 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
Amendment 270 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 281 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 295 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
Amendment 305 #
2016/0280(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Except in the cases referred to in Article 6, this Directive shall leave intact and shall in no way affect existing rules laid down in the Directives currently in force in this area, in particular Directives 96/9/EC, 2000/31/EC, 2001/29/EC, 2006/115/EC, 2009/24/EC, 2012/28/EU and 2014/26/EU.
Amendment 312 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to defineclarify the sconceptpe of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weeklotection set out in Article s2 and 3 of Directive 2001/29/EC. In order to improve legal certainty for all concerned parties, and to ensure the freedom to carry out certain acts necessary for monthly magazines of general or special ithe normal functioning of the Internest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection doess well as to take account of certain fundamental rights, these Articles should not extend to acts of hyperlinking, which do not constitute communication to the public.
Amendment 314 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
(3a) 'user generated content' means an image, a set of moving images with or without sound, a phonogram, text, software, data, or a combination of the above, which is uploaded to an online service by one or more users;
Amendment 315 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 320 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful acc. This includess, for the sole purposes of scientific researchtext and data mining, the permission to extract contents of databases and to make reproductions.
Amendment 326 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 329 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall provide for rightholders who market works or other subject-matter primarily for research purposes, to have an obligation to allow research organisations not having lawful access to those works or other subject- matter access to datasets that are optimised for enabling them to carry out text and data mining on all aspects of the works. Member States may also provide for rightholders to have a right to request compensation for meeting this obligation as long as that compensation is related to the cost of formatting these datasets and does not exceed what is necessary and appropriate to cover those costs.
Amendment 330 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Any contractual provision or legal protection of technological measures contrary to the exception provided for in paragraph 1 shall be unenforceable.
Amendment 332 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Rightholders shall not be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall notechnologically limit the right to exercise the exception adopted pursuant gto beyond what is necessary to achieve that objectiveparagraph 1.
Amendment 337 #
2016/0280(COD)
4. Member States shall encourage rightholders and research organisations to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3designate a facility to safely store datasets used for text and data mining and to make them accessible for verification purposes.
Amendment 340 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 369 #
2016/0280(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access tohosting copyright protected content uploaded by their users without the involvement of right holders have flourished and have become mainimportant sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightholders.
Amendment 386 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers that store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyondinformation provided by a recepient of the service conduct licencing agreements with rightsholders on a voluntary basis, the users' fundamental rights to privacy, freedom of expression and freedom of information are often not sufficiently taken into account and their ability to assert their right of use under an exception or limitation is often unjustly curtailed by the measures provision of physical facilities and performing an act of communication to the publut in place as part of those licencing agreements. In order to correct this situation and provide legal certainty to users who are exercising their right of use under an exception or limitation that exists under national law in the country in whic,h they are obliged to conclud use is made, a legal framework governing those licenscing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Councilis necessary. In order to protect fundamental rights and improve legal certainty for all concerned parties in light of the case law of the Court of Justice of the European Union, it is necessary that any agreements on measures between rightsholders and information society service providers do not impose a general obligation on information society service providers to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity. 34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 390 #
2016/0280(COD)
Proposal for a directive
Article 5 e (new)
Article 5 e (new)
Article 5e User-generated content exception 1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2, 3 and 4 of Directive 2001/29/EC, point (a) of Article 5 and Article 7(1) of Directive 96/9/EC, point (a) of Article 4(1) of Directive 2009/24/EC and Article 13 of this Directive in order to allow for the digital use of quotations or extracts of works and other subject-matter comprised within user-generated content for purposes such as criticism, review, entertainment, illustration, caricature, parody or pastiche provided that the quotations or extracts: (a) relate to works or other subject- matter that have already been lawfully made available to the public; (b) are accompanied by the indication of the source, including the author's name, unless this turns out to be impossible; and (c) are used in accordance with fair practice and in a manner that does not extend beyond the specific purpose for which they are being used. 2. Any contractual provision contrary to the exception provided for in this paragraph 1 shall be unenforceable.
Amendment 405 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 415 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
Amendment 423 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 431 #
2016/0280(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38 a) Any agreements on measures between rightsholders and information society service providers that might be concluded should provide for an obligation for rightholders to provide the necessary data to allow the services to identify their content in a publicly accessible database. Such obligation should help clarify the responsibility of rightholders for claims made by third parties over the use of works which they would have identified as being their own in the implementation of any agreement reached with the service provider.
Amendment 437 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 449 #
2016/0280(COD)
Proposal for a directive
Chapter 4 – title
Chapter 4 – title
Certain uses of protected content by users of online services
Amendment 459 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by users of information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users
Amendment 465 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. IWhere information society service providers that store and provide to the public access to large amounts of works or other subject- matter uploaded by their users shall, in cooperationconclude agreements with rightsholders, take measures to ensure the funche implementationing of such agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provideshall respect the users' fundamental rights and shall in particular not convey an obligation upon the information society service provider to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity. The service providers shall cooperate and work together with rightsholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matterto ensure that the functioning and implementation of such agreements are full and transparent towards the users.
Amendment 488 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the servicenational law providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1users access to a court or other relevant authority for the purpose of asserting their right of use under an exception or limitation.
Amendment 495 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The agreements referred to in paragraph 1 shall be implemented without prejudice to the use of works made within an exception or limitation to copyright. To this end, Member States shall ensure that users are allowed to communicate rapidly and in an effective manner with the rightholders who have requested any measures within the scope of agreements referred to in paragraph 1 in order to challenge the application of those measures.
Amendment 498 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 519 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 538 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful acc. This includess, for the sole purposes of scientific researchtext and data mining, the permission to extract contents of databases and to make reproductions.
Amendment 547 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall provide for rightholders who market works or other subject-matter primarily for research purposes, to have an obligation to allow research organisations not having lawful access to those works or other subject- matter access to datasets that are optimised for enabling them to carry out text and data mining on all aspects of the works. Member States may also provide for rightholders to have a right to request compensation for meeting this obligation as long as that compensation is related to the cost of formatting these datasets and does not exceed what is necessary and appropriate to cover those costs.
Amendment 548 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Any contractual provision or legal protection of technological measures contrary to the exception provided for in paragraph 1 shall be unenforceable.
Amendment 554 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Rightholders shall not be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall notechnologically limit the right to exercise the exception adopted pursuant gto beyond what is necessary to achieve that objectiveparagraph 1.
Amendment 559 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall encourage rightholders and research organisations to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3designate a facility to safely store datasets used for text and data mining and to make them accessible for verification purposes.
Amendment 564 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
Amendment 572 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 731 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 797 #
2016/0280(COD)
Proposal for a directive
Chapter 4 – title
Chapter 4 – title
Certain uses of protected content by users of online services
Amendment 804 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts of works and other subject-matter uploainformation provided by their users
Amendment 820 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. IWhere information society service providers that store and provide to the public access to large amounts of works or oinformation provided by recipients of ther subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works oervice, conclude agreements with rightholders, the implementation of such agreements shall respect the users' fundamental rights and shall in particular nother subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter convey an obligation upon the information society service provider to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity. The service providers shall cooperate and work together with rightholders to ensure that the functioning and implementation of such agreements are full and transparent towards the users.
Amendment 833 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. In order to ensure the transparency of the agreements mentioned in paragraph 1, rightholders shall provide, in a publicly accessible database, all the necessary data related to the holder of the right, the protected subject matter and relevant territories, in order to allow the service providers to identify accurately their content.
Amendment 835 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1 b. In order to ensure a proportionate implementation of the voluntary agreements mentioned in paragraph 1, Member States shall take appropriate measures to ensure that rightholders and information society service providers make available to the beneficiary of an exception or limitation provided for in national law in accordance with Article 5 of Directive 2001/29 and with [Articles XXX of this Directive] the means of benefiting from that exception or limitation, to the extent necessary to benefit from that exception or limitation.
Amendment 845 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the servicenational law providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1users with access to a court or other relevant authority for the purpose of asserting their right of use under an exception or limitation.
Amendment 848 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The agreements referred to in paragraph 1 shall be implemented without prejudice to the use of works made within an exception or limitation to copyright. To this end, Member States shall ensure that users are allowed to communicate rapidly and in an effective manner with the rightholders who have requested any measures within the scope of agreements referred to in paragraph 1 in order to challenge the application of those measures.
Amendment 855 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 995 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 69 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EU) No 531/2012
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0.0425 per minute as of 15 June 2017 and shall, without prejudice to Article 19, remain at EUR 0.0425 until 30 June 2022 0 after which it shall decrease to 0.015 per minute.
Amendment 80 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU) No 531/2012
Article 9 – paragraph 1
Article 9 – paragraph 1
1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming SMS message originating on that visited network shall not exceed a safeguard limit of EUR 0.0105 per SMS message and shall, without prejudice to Article 19, remain at EUR 0.0105 until 30 June 2022.
Amendment 96 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EU) No 531/2012
Article 12 – paragraph 1
Article 12 – paragraph 1
1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0.00854 per megabyte of data transmitted and shall, without prejudice to Article 19, remain atdecrease by EUR 0.00851 per megabyte of data transmitted each year until 3015 June 20220.
Amendment 54 #
2016/0152(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services, thus restricting the rights of customers and preventing them from benefitting from a wider choice of products and services and optimal conditions. Such discriminatory practices are an important factor contributing to the relatively low level of cross-border commercial transactions within the Union, including in the sector of electronic commerce, which prevents the full growth potential of the internal market from being realised. Clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross-border transactions and should ensure that rules on non- discrimination can be effectively applied and enforced across the internal market.
Amendment 64 #
2016/0152(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have been removed across the Union in certain services sectors as a result of the implementation of Directive 2006/123/EC, in terms of material scope, consistency should be ensured between this Regulation and Directive 2006/123/EC. As a consequence, the provisions of this Regulation should apply inter alia to non- audio-visual electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, subject however to the specific exclusion provided for in Article 4 and the subsequent evaluation of that exclusion as provided for in Article 9. Audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses, are excluded from the scope of this Regulation. Access to retail financial services, including payment services, should therefore also be excluded, notwithstanding the provisions of this Regulation regarding non-discrimination in payments.
Amendment 99 #
2016/0152(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Consuustomers should be in the position to receive assistance from responsible authorities facilitating the resolution of conflicts with traders, arising from the application of this Regulation, including by way of a uniform complaint form.
Amendment 102 #
2016/0152(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Traders, public authorities and other interested parties should have sufficient time to adapt to, and ensure compliance with, the provisions of this Regulation. In light of the particular characteristics of 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, it is appropriate to apply the prohibition of Article 4(1)(b) only from a later date with respect to the provision of those services.
Amendment 132 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) 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;
Amendment 134 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) where the trader provides services, other than those covered by point (b), and those services are supplied to the customer in the premises of the trader or in a physical location where the trader operates, in a Member State other than that of which the customer is a national or in which the customer has the place of residence or the place of establishment.
Amendment 150 #
Amendment 153 #
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 consuustomer and a trader arising from the application of this Regulation. Each Member State shall designate a body or bodies responsible for that task.
Amendment 155 #
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 consuustomers a uniform model form to file complaints to the bodies referred to in paragraph 1 and in Article 7(1). The Commission shall assist those bodies in developing this model form.
Amendment 159 #
2016/0152(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 20 #
2016/0027(COD)
Proposal for a decision
Recital 3
Recital 3
(3) Spectrum is a public good. It is, in the 470-790 MHz frequency band is, a valuable asset for the cost-efficient deployment of wireless networks with universal indoor and outdoor coverage. This spectrum is currently used across the Union for digital terrestrial television (DTT) and wireless audio PMSE equipment. It supports the development of the media, creative and cultural sectors, which extensively rely on this spectrum resource for the wireless provision of content to mass audiences.
Amendment 31 #
2016/0027(COD)
Proposal for a decision
Recital 2
Recital 2
(2) In its strategy for the digital single market (DSM)21 , the Commission highlights the importance of the 694-790 MHz (‘700 MHz’) frequency band for ensuring the provision of broadband services in rural areas and stresses the need for a coordinated release of that frequency band, while accommodatingtaking into account the specific needs of audiovisual media services distribution. Reducing the digital divide, in coverage as well as in knowledge, is an important aspect that has to be a priority, without creating new divides when users take up new technologies. __________________ 21 See http://ec.europa.eu/priorities/digital- single-market/index_en.htm.
Amendment 47 #
2016/0027(COD)
Proposal for a decision
Recital 3
Recital 3
(3) Spectrum in the 470-790 MHz frequency band is a valuable asset for the cost-efficient deployment of wireless networks with universal indoor and outdoor coverage. This spectrum is currently used across the Union for digital terrestrial television (DTT) and wireless audio PMSE equipment. It supports the development of the media, creative and, cultural and research sectors, which extensively rely on this spectrum resource for the wireless provision of content to mass audiences.
Amendment 96 #
2016/0027(COD)
Proposal for a decision
Recital 11
Recital 11
(11) The use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services should be subject to a flexible authorisation regime as soon as possible. This should include the possibility for holders of rights of use of spectrum to trade and lease their existing rights in the context of the application of Articles 9, 9a and 9b of Directive 2002/21/EC24 . Measures to be adopted should also take into account the duration of licences and the fast pace of technological evolution. In that regard, a limitation of the licensing period could contribute to avoiding stagnation and monopoly building. __________________ 24 Directive No 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L108, 24.4.2002, p.33).
Amendment 122 #
2016/0027(COD)
Proposal for a decision
Recital 14
Recital 14
(14) Member States should adopt coherent national roadmaps to facilitate the use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band. Once adopted, Member States should communicate the roadmaps in a transparent manner around the Union. The roadmaps should cover activities and timescales for frequency re-planning, technical developments for network and end-user equipment, co-existence between radio and non-radio equipment, existing and new authorisation regimes and information on the possibility to offer compensation to providers and consumers for migration costs, where these would arise, in order to avoid, inter alia, costs for end- users. Where Member States intend to maintain DTT, the roadmaps should give particular attention to facilitating upgrades of broadcasting equipment to more spectrum-efficient technologies such as advanced video formats (e.g. HEVC) or signal transmission technologies (e.g. DVB-T2).
Amendment 157 #
2016/0027(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
When Member States authorise the use of the 694-790 MHz frequency band or amend existing rights to use the 694-790 MHz frequency band, they shall take all necessary measures to ensure a high- quality level of coverage of their entire population and territory at speeds of at least 30 Mb/s, both indoors and outdoors, including in pre-determined national priority areas where necessary, and along major terrestrial transport paths. Such measures may include conditions facilitating or encouraging sharing network infrastructure or spectrum in compliance with Union law.
Amendment 170 #
2016/0027(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
(1) Member States shall ensure availability of the 470-694 MHz frequency band or parts of the band for the terrestrial provision of audiovisual media services to mass audiences, including free television and innovative user driven initiatives, and for use by wireless audio PMSE equipment, based on national broadcasting needs. Member States shall ensure that any other use of the 470-694 MHz frequency band on their territory does not cause harmful interference with the terrestrial provision of audiovisual media services in a neighbouring Member State.
Amendment 192 #
2016/0027(COD)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
In order to ensure that the use of the 694- 790 MHz frequency band is in accordance with paragraph 1 of Article 1, Member States shall include in their national roadmaps, where appropriate, information onand support measures to limit the impact of the forthcoming transition process on the public and users of wireless audio PMSE equipment and to facilitate the timely availability of interoperable television broadcasting network equipment and receivers in the internal market.
Amendment 7 #
2015/2326(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the effectiveness of EU law is systematically undermined by its unsatisfactory application by Member States; notes that this lack of enforcement is at the root of a number of European criseplays an important role as regards a number of European crises and harms the European citizens;
Amendment 18 #
2015/2326(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the Late Payments Directive is still not properly implemented well in 11 Member States, and that the situation is worst in Italy, Cyprus, Spain, Portugal and Greece, where the delay in B2B2 payments is well above average3 ; __________________ 2 Business-to-business. Business-to-business. 3 See ‘Transposition and implementation of the Directive on Late Payments in Commercial Transactions’, European Parliamentary Research Service.
Amendment 22 #
2015/2326(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that non-compliance with the Maastricht criteria, and the lenientthe pro-cyclical and highly discretionary enforcement of the Stability and Growth Pact rules by the Commission and, the Council before 2010, contributed to the emergence of the European debt crisis that followed the global financial crisiand Member States before and after 2008 aggravated the European debt crisis that followed the global financial crisis; asks he Commission and the Council to adopt a more proactive stance as regards the enforcement of the macroeconomic imbalances procedure and in particular when it comes to the effective prevention of severe macroeconomic and financial imbalances such as excessive current account surpluses;
Amendment 40 #
2015/2326(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission for a closer monitoring of tax and customs related State aid cases as it is one of the four policy fields where most infringement cases were opened in 2014;
Amendment 57 #
2015/2326(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Believes that the Commission should, where possible and proportionate propose more regulations and fewer directives in order to ensure a level playing field among the Member States vis-à-vis legislation;
Amendment 66 #
2015/2326(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Is of the opinion that financial penalties for non-compliance with EU law should include a multiplibecome more severe for those Member States for which several procedures are opene worst cases when it comes to late transposition of directives (LTIs) which remains a persistent problem;
Amendment 77 #
2015/2326(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Supports the creation of a subcommittee of the Committee on Constitutional Affairsregular structured process within the European Parliament to focus on monitoring the application of EU law in the Member States.
Amendment 11 #
2015/2276(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Insists that the provision of Galileo services must be consistent with the principle that Galileo is a civil system under civil control, and that all uses thereof must comply with international law, the UN Charter and the Lisbon Treaty;
Amendment 20 #
2015/2276(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomNotes the work to provide the EU with autonomy in governmental satellite communications (GOVSATCOM); calls on the Commission to make, on the basis of beneficiaries’real needs and requirements, a cost-benefit evaluation of different solutions: a system relying on current capabilities with the possibility of integrating future capabilities or the creation of new capacities through a dedicated system; stresses that the final decision should take account of the interests of beneficiaries and industrygeneral public interest; considers that the Space Surveillance and Tracking (SST) framework could provide a governance model; calls for resilient, encrypted and secure communications to be at the basis of the analysis; underlines the need to diminish the reliance on non EU suppliers of equipment and services;
Amendment 24 #
2015/2276(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points to the development of SST as a step towards securitygood initiative in space; considers that SST should become an EU programme with its own budget; invites the Commission to assess the need to take account of space weather and near-Earth objects and to come up with the next steps for SST in order to prepare industryoperation; invites the Commission to assess the need to evolve it towards becoming an EU programme with its own budget and cover also the space weather and near-Earth objects;
Amendment 33 #
2015/2276(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Concerned by the high costs incurred by Galileo and Copernicus, underlines the need to develop policies and research capabilities in order to provide future applications and develop a competitive European industry, capable of commercial success based on a healthy economic environment and not depending on Union or Member State budgets;
Amendment 52 #
2015/2276(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need for better coordination of EU space capacities, with the necessary system architectures and procedures to ensure a proportionate level of security, including data security; considers that EU space capacities dedicated to security and defence could be managed by a specific operational service coordination centre; considers that EU space structures are currently sufficient and should be carefully developed.
Amendment 56 #
2015/2276(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to assess whether European programs are reliable in crisis situations and appropriate governance structures are in place in order to manage them in such an event; expresses concerns over: data and communication security; difficulties in gaining access to data; and integration of space data in crisis relief operations;
Amendment 62 #
2015/2276(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Expresses concerns about the reliance of the European space programs on non- European data and data related services and the vulnerability of the PRS and key space infrastructure to interference from other countries with space capacities, whether or not they are EU allies.
Amendment 3 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point a
Paragraph 1 – point a
(a) to make financial services one of the EU’s priorities inacknowledge that the stabilisation of the financial markets necessarily goes hand in hand with putting a limitation to the size of financial service providers and hence to ensure that EU withdraws from the TiISA negotiations, as the EU’s own market for those services is already comparati if there is no clear and explicit undertaking by the parties, to refrain from additional market access commitments for financial services, at least until an impact assessment of past liberalisation on the causes of the financial crisis has not been carried out since interconnectedness, complexity and excessively big entities generate and spread systemic risks and represent a threat to financial stability; and at the velry open;least to ensure that, in the area of financial services, no new commitments will be taken on that would jeopardise EU financial regulation, and its effective right to further regulate with the aim of protecting the public interest while refraining from resorting to a necessity test for regulatory measures or placing the burden of proof on the side of the regulator, and in particular that EU regulators retain the ability to authorise or deny any new financial product and require certain legal forms for undertakings such as a structural reform or size caps on banks and other financial groups and entities;
Amendment 15 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point b
Paragraph 1 – point b
(b) to ensure that TiSA results in limiting market access reservations to duly justified exceptions and in a commitment by all parties to a standstill on national treatment, and thereby to defend the position that market opennessany commitment will not prevent the introduction of new measures for prudential reasons or the modification of existing domestic disciplines; and that countries can also apply them extraterritorially to their own firms and their activities as well as to firms operating in their territories; to ensure that TISA provisions under negotiation do not endanger EU data protection standards in particular regarding data transfers in the financial sector;
Amendment 28 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point c
Paragraph 1 – point c
Amendment 38 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point d
Paragraph 1 – point d
(d) to ensure that the TiSA in no way hinders the negotiating agenda of the WTO, but, rather, fosters a valuable discussion on establishing ‘gold standards’ for tacklingthat do not undermine economic and sustainable objectives for addressing unjustified trade obstacles and for developing regulatory best practices for financial services, and also prepares the ground for its possible adoption at multilateral level;
Amendment 43 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point e
Paragraph 1 – point e
(e) to urge the negotiating parties to establish aminimum binding high-level framework for the domestic regulation of financial services based on the WTO’s GATS Annex on Financial Services, as well as deeper commitments based on the sui generis Understanding on Commitments in Fthat do not replicate the GATS prudential carve-out so as to allow parties to deviate from their trade commitments when this is necessary for prudential reasons and that clearly establish that: - the right to regulate should explicitly prevail over other provisions; - no recourse should be foreseen for a necessity test; - the closed list of public policy objectives under GATS Article XIV should be enlarged so as to fully integrate key objectives linked to other international treaties such as inter alia the fight against climate change and the reduction of systemic risks embedded in the financial system and more broadly in the different markets, as well as the inclusion of ‘consumer protection’ and ‘social and environmental goals’ as legitimate purposes; - a party may require the registration of cross-border financial Sservice suppliers of another other Party and of financial instruments;
Amendment 51 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point f
Paragraph 1 – point f
(f) to lay down, in the regulatory chapter on financial services and inter alia, strong transversal rules on regulatory transparency and solutions for ensuring respect of national treatment for cross- border suppliers too.that do not undermine due and established democratic processes and ensure access by all stakeholders and a balance between the interests of diverse stakeholders while protecting the public interest;
Amendment 56 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(fa) to ensure that the EU withdraws from the TISA negotiations, unless the 4 countries taking part to the negotiations, which are also included in the EU blacklist of tax havens (Liechtenstein, Mauritius, Panama, Hong Kong), do not accept to reform their tax systems to apply principles of good tax governance concerning transparency, exchange of information and fair tax competition, in particular taking into account that opening up trade in services with such countries will provide further scope for harmful tax practices; to ensure that ‘offshore’ funds whose managers operate in countries taking part to the negotiations, are being required to established their headquarters ‘on shore’;
Amendment 60 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point f b (new)
Paragraph 1 – point f b (new)
(fb) to take immediate action to include legal measures within the TISA framework to counter aggressive tax planning via the systematic movements of capital, and to ensure that the latter is rather based on economic activity and does not seek to avoid tax payments in the country of production; to ensure enhanced transparency and granularity regarding balance of payments statistics;
Amendment 65 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point f c (new)
Paragraph 1 – point f c (new)
(fc) as regards purchases of financial services by public entities, to ensure that the recently adopted EU rules on public procurement are shielded and supported in the framework of the negotiations, in particular regarding SMEs access to public contracts, the eligibility criteria based on the best ‘quality-price’ ratio instead of the cheapest price, reserved markets allocated to social economy undertakings, the possibility for contractual authorities to foster inter- community cooperation as well as to preserve thresholds for tendering exclusion from EU and international rules;
Amendment 69 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point f d (new)
Paragraph 1 – point f d (new)
(fd) to ensure transparency in the negotiations throughout the entire process in line with the Commission’s obligation, according to TFEU Art 218.10 which the ECJ in a recent ruling has been confirmed as of statutory character, to keep Parliament fully informed on an immediate basis at all stages of the negotiations; to work towards an agreement with the other parties administrations regarding the access of all Parliamentarians to the consolidated negotiation texts; to ensure access for the public to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents;
Amendment 72 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point f e (new)
Paragraph 1 – point f e (new)
(fe) to take immediate action to ensure that a ‘positive list approach’ is chosen, so that all services covered by TISA are explicitly listed positively in the agreement, to ensure that the EU withdraws from the TISA negotiations unless there is a clear and explicit undertaking by the parties that all current and future public services are explicitly excluded and that the agreement does not include any standstill and ratchet clauses;
Amendment 2 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that sustainable economic growth in Europe can only be achieved through productivity gains and developing sectors characterised by high social, environmental and economic added value; encourages in this sense all the efforts made by the Commission in supporting the transition towards a digital economy;
Amendment 8 #
2015/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that, when measures are proposed in the context of the DSM, care must always be taken to ensure that people who cannot or do not wish to use digital goods and services are not unreasonably disadvantaged in terms of economic or social participation;
Amendment 21 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that, in order to achieve economic convergence through European regions, the digital divide must to be reduced substantially and access to the internet guaranteed to all European citizens and companies; Stresses that digital technologies such as the internet are more than a market since the crucial infrastructure is a public good that is part of the "commons" increasingly important to normal daily life; encourages further public and private investment in infrastructure; welcomes the European Fund for Strategic Investments (EFSI)’'s intended efforts in this area;
Amendment 60 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that a cross-border taxation system is needed to create a true European Single Market and to prevent the tax avoidance practices used by several digital platforms, as highlighted by recent inquiries; calls on the Commission to support extending the public country-by- country reporting regime on taxes for multinational companies to all sectors; Calls for the same exemptions that are applied to offline trade to be applied in the online environment, for example by extending exemptions from VAT for hardcopy books to electronic books;
Amendment 88 #
2015/2147(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the Commission’s decision to review internet platforms; encourages the Commission to create a legislative framework ensuring the development of innovative ideas, protection of work standards and compliance with existing fiscal rules; welcomes the Commissions intention to pursue the final elimination of roaming surcharges, whatever they might take, in particular for data and to take steps to improve the affordability of access to high-performance fixed and wireless broadband infrastructure;
Amendment 103 #
2015/2147(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that the development of a European digital economy requires a sufficient level of competition and plurality of service providers, and underlines that the presence of network effects allows for the creation of semi-monopolistic positions; supports the Commission’s efforts in preventing and punishing abuses; encourages the Commission to remove barriers to entry in the field of digital economy in sectors where few players, according to the Commission’s competition standards, are dominant; stresses the importance of the judgement on October the 6th 2015 of the ECJ, to abolish the EU-US data sharing agreement known as Safe Harbour and the chance it provides for innovative European start-ups and newcomers to the digital market; supports actions for stronger interoperability and portability across all digital sectors as a further way of opening the market to competition.
Amendment 111 #
2015/2147(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. stresses the importance of accompanying the development of a Digital Single Market with an up to date and effective framework to ensure e- business continuity and protection against cybercrime particularly in critical areas such as banking services;
Amendment 136 #
2015/2147(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the European Commission's ambition to improve cross- border access to digital content by facilitating the easier clearing of rights and creating more legal certainty;
Amendment 149 #
2015/2147(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Emphasizes that a harmonised framework for exceptions and limitations is a key aspect to improve legal certainty, to overcome the fragmentation of the market, to foster cross-border accessibility of knowledge and culture and to allow equal access to cultural diversity;
Amendment 159 #
2015/2147(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Reminds that a fair balance of rights and interests between the different categories of rights holders and users of copyright-protected subject-matters must be safeguarded;
Amendment 164 #
2015/2147(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Notes that current industry practices prevent cross-border access to works, particularly in the audio-visual sector, thus discriminating against cultural minorities and potentially conflicting with free movement of services;
Amendment 168 #
2015/2147(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Welcomes the initiative of the Commission to conduct a public consultation on Directive 93/83/EEC on satellite broadcasting and cable retransmission, to explore extending the directive's scope to online communication of audio-visual works via streaming and video-on-demand, which would significantly benefit the ability of public broadcasting services to fulfil their public interest mission in the digital age and contribute to the completion of the digital single market;
Amendment 173 #
2015/2147(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Stresses that the adaption of education and training systems is vital to meet the increasing demand for digitally skilled professionals in the EU and encourages Member States to integrate the acquisition of digital skills into their respective school curricula;
Amendment 176 #
2015/2147(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses that, in order to achieve a true digital single market in Europe, further efforts are needed in the field of improving media literacy among citizens, and calls on the Commission and the Member States to promote media literacy for all EU citizens, in particular children and minors, through initiatives and coordinated actions;
Amendment 9 #
2015/2140(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the Directive (EU) No. 2014/104 of 26 November 2014 on rules governing actions for damages,
Amendment 14 #
2015/2140(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the European Union is established as an open market economy with free competitionUnion shall establish an internal market; whereas it shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment; whereas it shall promote scientific and technological advance;
Amendment 16 #
2015/2140(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the strong application of competition-law principles under the EU Treaty should primarily benefits consumers, promotes innovation and growth, and controls and restricts unfair market practices as well as monopolies and dominant market positions; whereas fair competition requires fair trade rules and the avoidance of export subsidies to the agriculture sector;
Amendment 26 #
2015/2140(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in recent years, in particular, the dynamism in the digital economy but also distortions of competition as a result of national taxation policy which is causing considerable harm to the internal market have brought with them new challenges for the Commission and all market players;
Amendment 55 #
2015/2140(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a successful competition policy must not be directed exclusively towards bringing down prices for consumers, but must also be mindful of the sustainability and innovativeness of the European economy and special competitive conditions for small and medium-sized businesses;
Amendment 70 #
2015/2140(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the regular dialogue which the Commission conducts with the European Parliament on competition matters, and calls again for the Commission to put forward required proposals for fundamental legislative directives and guidelines to be adopted in the co-decision procedure and in particular for those departments which draw up guidelines to be strictly separated from those which apply those guidelines in specific cases;
Amendment 80 #
2015/2140(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to refine the internal market in areas where it is still fragmented and incomplete, and to end unjustified market restrictions and distortions of competition as soon as possible wherever they are found;
Amendment 102 #
2015/2140(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that the 2014 Directive on actions for damage claims could have gone further by allowing compensation for the probability of undetected cartels and unsuccessful damage actions, as treble damages do in the US;
Amendment 103 #
2015/2140(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Considers that there is no conflict between the objectives of maximising deterrence and allowing full compensation to victims, therefore considers that the 2014 Directive on Damages, by hindering the access to leniency statements for victims, could undermine their ability to recovery their loss;
Amendment 106 #
2015/2140(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the existing rules relating to fines for infringements cshould be supplemented by ongoing penalties against those responsible, especially in sectors where the large gains from uncompetitive behaviours are much larger than fine size, limiting their ability of deterrence;
Amendment 128 #
2015/2140(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Queries the long duration of the investigations into American Internet giant Google and regrets the fact that these investigations have already dragged on for several years with lack of transparency and no result, because until 2014 the Commission was reluctant to indicate its intention to abolish market restrictions; Asks for the Commission to speed-up such process and deliver results within the next year;
Amendment 135 #
2015/2140(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Notes that the Google case has triggered a general discussion around the power of dominant internet platforms such as EBay, Facebook, Apple, LinkedIn, Amazon, Uber, Airbnb etc., their influence on markets and the public sphere alike, and the need to regulate them to protect both; points out that the aim of regulating internet platforms should guarantee higher user protection while maintaining incentives to innovate;
Amendment 138 #
2015/2140(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Calls on the Commission to investigate in the market dominance of Google concerning direct hotel booking; points out that he company is seeking to have hotel searchers book and pay via Google rather than handing off the lead to a third party travel site or hotel site; underlines that this move is potentially controversial as it turns Google into an online travel agency or its equivalent charging booking fees; notes that most hoteliers would prefer direct bookings rather than through a third party site or aggregator; underlines that Google could leverage its dominant position and by the same token weaken competitors in travel markets and thereby harm consumers;
Amendment 150 #
2015/2140(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the Commission, particularly in State aid proceedings, must examine more rigorously the facts which States provide and improve fact security, since attempts are increasingly being made to flout the legal position and the conditions or to seek more or fewer borderline compromises;
Amendment 155 #
2015/2140(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. WelcomesTakes note of the adoption by the Commission in 2014 of the new Guidelines on State aid for environmental protection and energy and its implementation of this as the general block exemption regulation; is of the opinion that such guidelines could be further strengthened with a view of enhancing the promotion of renewables and the phasing-out of fossil and nuclear energy;
Amendment 158 #
2015/2140(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to launch an encompassing State Aid investigation on the EU car sector and in particular regarding the VW scandal with a view of controlling whether car undertakings have benefited from illegal State Aid as a consequence of product eligibility to tax rebates and credits to the purchasers following fraudulent claims on clean technologies;
Amendment 159 #
2015/2140(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes the current Commission inquiry regarding Deferred Tax Assets and Credits (DTA/DTCs) to the benefit of the banking sector in several Member States; is of the opinion that DTA/DTCs should be made retroactively authorised under State Aid provisions if they are tied to explicit conditions regarding financing targets for the real economy;
Amendment 160 #
2015/2140(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Recalls its request to the Commission to examine whether the banking sector has benefited since the beginning of the crisis of implicit subsidies and State Aid by means of the provision of unconventional liquidity support;
Amendment 177 #
2015/2140(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. NotCriticises that, in the digital economy, in the past assessment of mergers and takeovers has been predominantly on the basis of the turnover of the businesses in question, which is inadequate because businesses with low turnovers and substantial start-up losses may also have a large customer base and significant market strength, as the Commission’s precedent- setting unconditional approval of the takeover of WhatsApp by Facebook proves;
Amendment 203 #
2015/2140(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the temporary State aid in the financial sector for the stabilisation of the global financial system was necessary but on; calls for a completion of the Banking Union must be quickly reduced or totally removed and scrutinised;
Amendment 221 #
2015/2140(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the investigations initiated by the Commission in 2014 into unlawful State aid through unfair tax competition, including the opening in October 2014 of in-depth investigations into Gibraltar’s corporate tax regime, and calls on Member States in future to present the Commission with information about their taxation practice in good time and ultimately to comply with the obligation to declare special arrangements to the detriment of other Member States;
Amendment 227 #
2015/2140(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Regrets that only a very limited number of cases of state aid related with unfair tax competition have been investigated since 1991, underlining the need to ensure broad access to information in order to trigger more investigations on suspicious cases; stresses its concern on the current resources of Commission’s competent services which may limit its ability to handle a significantly larger number of cases;
Amendment 228 #
2015/2140(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls on the Commission to request the recovery of every euro missing in case of confirmation of illegal state aid in the ongoing investigations;
Amendment 236 #
2015/2140(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that State aid proceedings alone cannot put a permanent stop to the unfair tax competition in a number of Member States of the European Union; further tangible results are required, such asstresses that after one year from the ‘LuxLeaks’ scandal, which triggered unprecedented public outrage in Europe and beyond, the response of the European institutions is still unsufficient: further tangible results are required, such as a common consolidated corporate tax base with formula apportionment, a consolidated basis of calculation for capital gains, a review of the VAT Directive in order to prevent fraud, the obligation on large international companies to report their turnover and profits on a public ‘country by country’ basis and calling on Member States to introduce greater transparency in their tax practices and mutual reporting requirements;
Amendment 238 #
2015/2140(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that a committee of inquiry of the European Parliament should be set up to further investigate widespread harmful tax practices and tax rulings resulting in corporate tax base erosion and aggressive tax planning within Europe; stresses that in any case the European Parliament should continue its ongoing work to look into unfair tax competition in the EU;
Amendment 248 #
2015/2140(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers that healthy tax competition is one of the constitutive elements of the internal market of the Union but unfair tax competition must be prevented through minimum rates of taxation and harmonised tax bases; stresses that, within the internal market, new entrants and SMEs doing business only in one country are penalised as compared to MNCs, which can shift profits or implement other forms of aggressive tax planning through a variety of decisions and instruments, available to them only; notes with concern that, everything being equal, the resulting lower tax liabilities leave the latter with a higher post-tax profit and create an uneven playing field with their competitors on the single market, which do not have recourse to aggressive tax planning and keep the connection between where they generate profit and their place of taxation; stresses that promoting harmful tax practices through the creation of a European one-person- entity (SUP) which explicitly allows for having two different residences, a registered office in one place and an administrative headquarter is the wrong approach for the EU;
Amendment 261 #
2015/2140(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that in view of an estimated volume of tax fraud and tax avoidance of up to one btrillion euros a year the Member States must ultimately tackle and restrict this practice;
Amendment 265 #
2015/2140(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the intention of the Competition Commissioner to reorganise the control of State aid as part of a fair tax burden for all and calls to revising state aid guidelines on taxation to cover cases of unfair competition going beyond tax rulings and transfer pricing; Expects that prior to this reorganisation there will be an unconditional and complete evaluation and calls on the Member States to abandon their current blockade mentality;
Amendment 274 #
2015/2140(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to consider the introduction of sanctions, either against the state or the company involved, for serious cases of illegal state aid;
Amendment 291 #
2015/2140(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that the European Parliament should also be given co decision powers in competition policy, particularly where fundamental principles and binding guidelines are concerned, and regrets that this area of Union policy has not been strengthened in its democratic dimension in recent treaty amendments; calls on the Commission to put forwards proposals for the treaties to be amended accordingly;
Amendment 18 #
2015/2103(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that robotics and artificial intelligence plays a key role in improving the competitiveness and productivity of the European economy; calls on the Commission to promote a pro- innovation policy in robotics and artificial intelligence, facilitating integration of technologies in value chains, and to assess the need to modernise legislation or develop European guidelines to ensure a joint approach in robotics and artificial intelligence, essential for companies to scale up in Europe;
Amendment 25 #
2015/2103(INL)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that the shortening of the time passed from innovation to industrialisation should be encouraged through the wider use of robotics and artificial intelligence, and facilitated by the growth of scalable SMEs especially in the field of 3D printing;
Amendment 35 #
2015/2103(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that unhindered connectivity is a prerequisite to growth and innovation; calls on the Commission to ensure that access to broadband and 5G networks is accompanied by equal treatment of traffic in the spirit of the net neutrality principle;
Amendment 39 #
2015/2103(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly believes that interoperability between systems, devices and cloud services, based on security and privacy by design, areis essential for enabling real time data flows enabling robots and artificial intelligence to become more flexible and autonomous; asks the Commission to promote an open environment, from open standards and innovative licensing models, to open platforms and transparency, in order to avoid lock-in in proprietary systems that restrain interoperability;
Amendment 48 #
2015/2103(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that in the continental European understanding of authors' rights, intellectual creation is tied to the personality of the author; therefore artificial agents such as robots and artificial intelligence cannot be perceived of as authors and information produced by them shall not be eligible for copyright protection;
Amendment 52 #
2015/2103(INL)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Points out that the technological development in the field of autonomous machines, for example cars and drones, should be accompanied by solutions to the new ethical challenges;
Amendment 53 #
2015/2103(INL)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Points out that developments in the field of vital medical applications such as robotic prostheses, should not reduce the autonomy and self-determination of persons carrying them; therefore a person carrying such a device is to be considered the full owner of the respective device and all its components, including software source code; considers this necessary to retain the means to support these vital devices; for example if maintenance, repairs or enhancements, including software updates fixing malfunctions and vulnerabilities, are no longer carried out by a supplier; therefore additionally suggests the creation of independent trusted entities that retain the technology necessary to provide persons carrying these devices with such care; including the means to assemble and install software updates on the device; supports creating an obligation for manufacturers to provide these independent trusted entities with comprehensive design instructions as well as source code to this end, similar to the legal deposit of publications to a national library;
Amendment 55 #
2015/2103(INL)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Underlines that the growing use of robotics in the manufacturing but also in all areas of human life require assessment and measures to ensure that the social and environmental aspects are properly addressed;
Amendment 67 #
2015/2103(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Together with robotics engineerscivil society, engineers, and academia the Commission should develop a code of ethical conduct aimed at guiding theirrobotics and artificial intelligence development activities;
Amendment 72 #
2015/2103(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Recommendations regarding licences should respect contractual freedom and leave room for innovative licensing regimes..; cautions against the introduction of new intellectual property rights in the field of robotics and artificial intelligence that could hamper innovation and the exchange of expertise;
Amendment 74 #
2015/2103(INL)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Measures to ensure that the growing use of robotics and artificial intelligence brings economic, social and environmental benefits, while tackling any negative consequences that arise;
Amendment 26 #
2015/0284(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In the context of online content services across the Union on a portable basis, it is of utmost importance to guarantee the promotion of European works and Europe's cultural and linguistic diversity including minority languages.
Amendment 37 #
2015/0284(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles to cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only. for economic interest, thus raising further barriers in preserving cultural identities in a multicultural and open Europe.
Amendment 40 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured and, with regard to the audiovisual sector, without abolishing the territorial principle as this would lead to a disproportionate loss to the detriment of the right holders and to a significant distortion of the market for premium audiovisual content.
Amendment 42 #
2015/0284(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Issues at the infrastructure level can also lead to artificial barriers for portability, especially for small or isolated communities, therefore measures to ensure it should also include further deployment of appropriate infrastructures and support for technological neutrality and interoperability.
Amendment 42 #
2015/0284(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Portability should, in any case, be distinguished from the concept of cross- border access, which does not fall within the scope of this Regulation. As there is no contradiction between the principle of territoriality and the removal of barriers to portability of content services, the enhancement of portability of legally available and legally acquired services could be an important step to end unjustified geoblocking and to stimulate accessibility and the cross-border functionality of subscriptions.
Amendment 49 #
2015/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should apply only to online content services which subscribers can effectively access and use in the Member State in which they habitually reside without being limited to a specific location, as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders.
Amendment 50 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured without additional costs.
Amendment 59 #
2015/0284(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers in accordance with this Regulation. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 66 #
2015/0284(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure the cross-border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the Member State of their temporary presence by providing them access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence without prejudice to the possibility to access the local version of the content available in the Member State of temporary presence. This obligation is mandatory and therefore the parties may not exclude it, derogate from it or vary its effect. Any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a Member State, for example restrictions to the functionalities of the service or to the quality of its delivery, would amount to a circumvention of the obligation to enable cross-border portability of online content services and therefore would be contrary to this Regulation.
Amendment 72 #
2015/0284(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower for reasons that can be attributed to objective issues. Nevertheless, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement without the right to make differentiations in the conditions of the offer, such as additional fees compared to the use in the Member State of residence.
Amendment 79 #
2015/0284(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Service providers should not be liable for breach of any contractual provisions contrary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts designed to prohibit or limit the cross- border portability of online content services should be unenforceablconsidered null and void on the territory of the European Union, regardless of the law applicable by contractual choice.
Amendment 79 #
2015/0284(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require thatcontractually oblige the service provider to make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. Right holders may withhold the rights licensed to a service provider if the provider cannot demonstrate upon request and in accordance with the contract that it is carrying out the residency verification in accordance with this Regulation. It is necessary, however, to ensure that the required means areof authentication and verification are effective while also reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 82 #
2015/0284(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to enable cross-border portability of online content services, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of establishing a non-exhaustive list of means for the verification of the subscriber's Member State of residence, prepared and drawn up in consultation with industry, small right holders and consumer representatives. Such verification means should be the most appropriate in the relevant Member State and equivalent amongst Member States. This list may, for example, include a confirmed installation of a set top box, a local home bank account, a local electoral role or tax paying confirmation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making1a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 1a OJ L 123, 12.5.2016, p. 1.
Amendment 89 #
2015/0284(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the freedom of expression and the freedom to conduct a business. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directives 95/46/EC27the Regulation (EU) 2016/679, and 2002/58/EC28 . In particular, service providers must ensure that any processing of personal data under this Regulation must be necessary and proportionate in order to achieve the relevant purpose. _________________ 27Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data OJ L 281, 23.11.1995, p. 31–50. 28 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.07.2002, p 37), called, as amended by Directives 2006/24/EC and 2009/136/EC, the "e- Privacy Directive".
Amendment 98 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) "Subscriber" means any consumer who, on the basis of a contract for the provision of an online content service with a provider, conditioned or not by a payment of money, may access and use such service in the Member State of residence;
Amendment 106 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a presence, for a limited period of time, of a subscriber in a Member State other than the Member State of residence;
Amendment 110 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – subparagraph 1
Article 2 – paragraph 1 – point e – subparagraph 1
(e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in thea Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on- demand manner,
Amendment 116 #
2015/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
Article 2 – paragraph 1 – point e – subparagraph 2 – point 2
(2) without payment of money provided that the subscriber's Member State of residence ishall be verified by due diligence of the provider;
Amendment 125 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service shall enable a subscriber who is temporarily present in a Member State to access and use the online content service, without additional costs.
Amendment 130 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) Provision of portable services should not be conditioned by additional technical requirements and shall be done under a technologically neutral and interoperable hardware and software environment.
Amendment 132 #
2015/0284(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Holders of copyright and related rights Under this Regulation, holders of copyright and related rights or those holding any other rights in the content of an online content service may authorise the access to and use of their content without the verification of the Member State of residence.
Amendment 137 #
2015/0284(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The provision of an online content service tounder this Regulation to a subscriber who is temporarily present in a Member State, as well as the access to and the use of this service by, a subscriber, in accordance with Article 3(1), shall be deemed to occur solely in their Member State of residence including for the purposes of Directive 96/9/EC, Directive 2001/29/EC, Directive 2006/115/EC, Directive 2009/24 and Directive 2010/13/EU. Such localisation shall be deemed to occur without altering the territorial scope of the rights contractually acquired by the service provider.
Amendment 142 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Notwithstanding paragraph 1, holders of copyright and related rights or those holding any other rights in the content of online content services may require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with Article 3(1), provided that the required means fall under due diligence, are reasonable and, do not go beyond what is necessary in order to achieve their purpose and do not create additional burden or requirements for the provider or the subscriber.
Amendment 149 #
2015/0284(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Notwithstanding paragraph 1, holders of copyright and related rights or those holding any other rights in the content of online content services may contractually require that the service provider to make use of effective meansmeans adopted pursuant to Article 7a in order to verify that the online content service is provided in conformity with Article 3(1), provided that the required means are reasonable and do not go beyond what is necessary in order to achieve their purpose.
Amendment 2 #
2014/2256(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Highlights that adequate protection of copyright works and subject matter of related rights is also of great importance from a cultural standpoint. Article 167 of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action;
Amendment 3 #
2014/2256(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Urges to improve the contractual position of authors and performers in their relation to other rightholders and intermediaries;
Amendment 4 #
2014/2256(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reminds that any harmonisation of copyright and related rights must take as a basis a high level of protection;
Amendment 8 #
2014/2256(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the need for a common definition of ‘public domain’ works, which are by definition not subject to copyright protection, so as to ensure the widespread dissemination of cultural content across the EU; Union; therefore urges the Commission to clarify that the digitisation of a work that is in the public domain will stay in the public domain; also calls on the Commission to recognise the freedom of authors to dedicate their works to the public domain;
Amendment 11 #
2014/2256(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the rules laid down by the Term Directive have been implemented in different ways by Member States leading to divergences in termination of copyright protection and when works fall into the public domain in different Member States; therefore calls on the Commission to harmonise the term of protection of copyright and the way it is calculated across the Union to ensure it does not exceed the current international standards set out in the Berne Convention;
Amendment 20 #
2014/2256(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recommends that the EU legislator should, while protecting personal information, further lower the barriers for re-use of public sector information by exempting official works, which are produced by government employees as part of their official duty within the political, legal and administrative process, from copyright protection;
Amendment 23 #
2014/2256(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the need for a modernised copyright that will provide innovative individuals and SMEs the flexibility to contribute to a European single digital market;
Amendment 30 #
2014/2256(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to propose a copyright reform built around the indispensable moral rights of authors and creators;
Amendment 36 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges; In this regards, emphasizes the need to ensure a fair balance between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject-matters;
Amendment 47 #
2014/2256(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that embedding and linking shouldo not be consideredst in acts of communication to the public and thus should not be subject to Article 3 of the directive;
Amendment 58 #
2014/2256(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. UNotes that the ability to benefit from exceptions and limitations should be enjoyed in the digital environment without any unequal treatment compared to those granted in the analogue world; urges for the establishment of mandatory limitations and exceptions to copyright, at least with regard to the most important exceptions, such as those in the field of education, research and libraries, to allow for the more widespread dissemination of cultural content across the EUnion; stresses that the exception for research and education purposes should not only cover educational establishments but any kind of educational and research activities, including distant education; Emphasizes that the exception allowing public and research libraries to lend books to the public in digital formats for personal use, while not conflicting with the normal exploitation of the work should be irrespective of the place of access;
Amendment 62 #
2014/2256(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that Internet users are increasingly becoming content creators and vectors in opening the knowledge to the general public, thus requiring more legal flexibility when generating new content, remixing or sharing copyright protected content online;
Amendment 64 #
2014/2256(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that a fair balance of rights and interests between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject-matter must be safeguarded; the existing exceptions and limitations to the rights as set out by the Member States have to be reassessed in the light of the new electronic environment; existing differences in the exceptions and limitations to certain restricted acts have direct negative effects on the functioning of the internal market of copyright and related rights; such differences could well become more pronounced in view of the further development of transborder exploitation of works and cross-border activities; in order to ensure the proper functioning of the internal market, such exceptions and limitations should be defined and implemented more harmoniously; the degree of their harmonisation should be based on their impact on the smooth functioning of the internal market and improving of cultural production, while ensuring fair compensation of authors; ;Or. en
Amendment 66 #
2014/2256(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the European legislator to ensure technological neutrality and future-compatibility of exceptions and limitations by taking due account of the effects of media convergence; therefore calls on the EU legislator to expressly include audio-visual quotations in the existing quotation exception in order to enable the use of quotations in new media formats; these quotations should be adequate in terms of length in relation to the type of source material;
Amendment 69 #
2014/2256(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross-border access and availability of products and services; Also insists that exceptions and limitations to copyright are a key aspect of the copyright system and an important avenue to overcome such barriers;
Amendment 72 #
2014/2256(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the European legislator to ensure that the use of photographs, video footage or other images of works which are permanently located in public places are permitted;
Amendment 73 #
2014/2256(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Urges the Commission and Member states to provide for an updated exception that allows Libraries, Archives and Museums to make protected works in their collections that are not in commercial circulations anymore or otherwise actively managed by their rightsholders available for online access by the public;
Amendment 76 #
2014/2256(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that Member States have a positive obligation to provide for a robust and flexible system of copyright exceptions and limitations in order to honour their human rights obligations;
Amendment 77 #
2014/2256(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for a flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions of the directive 2001/29/CE, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three- step-test, which grants limitations and exceptions in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;
Amendment 79 #
2014/2256(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for a mandatory exception for research and education purposes, which should cover any kind of educational and research activities, including distance education; This should cover not only educational establishments and institutions but also non-governmental organisations recognised by national authorities or legislation or within the purview of an educational or research programme, as well as digital education;
Amendment 79 #
2014/2256(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Emphasizes that the exception for caricature, parody and pastiche should apply regardless of the purpose of the parodic use;
Amendment 80 #
2014/2256(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls for the adoption of a mandatory exception allowing public and research libraries to lend books to the public in digital formats for personal use, irrespective of the place of access;
Amendment 81 #
2014/2256(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Stresses the need to enable automated analytical techniques for text and data ('text and data mining'), for all purposes, provided that the permission to read the work has been acquired, as a mandatory exception;
Amendment 82 #
2014/2256(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Considers that the practice to restrict access to online content based on the location of the users, that had previously paid for the service to access that content, is harmful to the functioning of the networks and hinders the development of the single digital market;
Amendment 86 #
2014/2256(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Stresses the need to enable automated analytical techniques for text and data ('text and data mining'), for all purposes, provided that the permission to read the work has been acquired;
Amendment 90 #
2014/2256(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that the EU legislator should, while protecting personal information, further lower the barriers for re-use of public sector information by exempting official works, which are produced by government employees as part of their official duty within the political, legal and administrative process, from copyright protection;
Amendment 92 #
2014/2256(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 95 #
2014/2256(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that private entities, e.g. Internet Service Providers and platform owners, should not be obliged to participate in extra-judiciary copyright enforcing;
Amendment 97 #
2014/2256(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for a flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three-step-test, which grants limitations and exceptions in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;
Amendment 104 #
2014/2256(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that digital levies should be modernised in light of the development of digital technologies to safeguard rightholder and consumer rights and by taking into account 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; in particular calls for the adoption of harmonised criteria for the interpretation of the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States;
Amendment 113 #
2014/2256(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the Commission to take into account the rapidly growing user-created content on the internet when reviewing copyright rules; any new proposal should aim to find a fair balance between protecting IPR and fostering a dynamic and creative internet. For instance, the Commission should propose a legal definition of 'public domain' works that are by definition not subject to copyright protection giving to authors the freedom to dedicate their works to the public domain, and making sure that these works to be protected against private appropriation, either through digitisation or through other means;
Amendment 113 #
2014/2256(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the introduction of Community provisions in the area of contract law applicable to copyright, particularly safeguarding authors' rights to bring their works to the market in case a rightholder has refrained from making use of an exclusive right to the work in question for an extended period of time;
Amendment 123 #
2014/2256(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Deplores the introduction of statutory licenses in some MS aimed at news aggregators for acts already made permissible by an exception and calls on the EU legislator to preclude Member States from unilaterally introducing such schemes, which have caused significant damage to the digital economy;
Amendment 1 #
2014/2228(INI)
Draft opinion
Recital a (new)
Recital a (new)
- whereas the European Parliament has called for urgent global action to limit global warming below 2 °C1 a, meaning that a large quantity of fossil fuels, especially those with high greenhouse gas intensity, will have to remain underground; __________________ 1aEP Position on the COP 20 in Lima, Peru, 2014 (This is a recital (i.e. to be placed BEFORE 1.))
Amendment 2 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph a
Paragraph 1 – subparagraph a
a. take immediate action to ensure that a comprehensive and ambitious agreement is reached on the TTIP enhancing fair competition on both sides of the Atlanticon both sides of the Atlantic economic and financial stability is at the core of government regulation and supervision and that the financial sector is at the service of the real economy and transition to a more socially and environmentally sustainable society;
Amendment 2 #
2014/2228(INI)
Draft opinion
Recital a (new)
Recital a (new)
- whereas a lifting of the US export restrictions on oil and gas would lead to higher prices in the US through the EU- US price differential and is therefore highly unlikely; (This is a recital, i.e. to be placed BEFORE 1.)
Amendment 3 #
2014/2228(INI)
Draft opinion
Recital a (new)
Recital a (new)
- whereas the quantitative difference in authorised US fuel exports with and without free trade clause is a mere 0, 12 bcm per day, a quantity - even if shipped to the EU - unlikely to have a significant impact on supply security;1 b __________________ 1b TTIP Impacts on European Energy Markets and Manufacturing Industries - Study for the ITRE Committee p.29, http://www.europarl.europa.eu/RegData/e tudes/STUD/2015/536316/IPOL_STU(201 5)536316_EN.pdf (This is a recital, i.e. to be placed BEFORE 1.)
Amendment 4 #
2014/2228(INI)
Draft opinion
Recital a (new)
Recital a (new)
Amendment 5 #
2014/2228(INI)
Draft opinion
Recital a (new)
Recital a (new)
- whereas the US has not signed the Kyoto Protocol to the United Nations Framework Convention on Climate Change; (This is a recital (i.e. to be placed BEFORE 1.))
Amendment 6 #
2014/2228(INI)
Draft opinion
Recital a (new)
Recital a (new)
Amendment 7 #
2014/2228(INI)
Draft opinion
Recital a (new)
Recital a (new)
- whereas the US has not ratified 175 out of 189 ILO conventions on international labour standards; (This is a recital (i.e. to be placed BEFORE 1.))
Amendment 8 #
2014/2228(INI)
Draft opinion
Recital a (new)
Recital a (new)
- whereas the US has not signed the Energy Charta Treaty; (This is a recital (i.e. to be placed BEFORE 1.))
Amendment 9 #
2014/2228(INI)
Draft opinion
Recital a (new)
Recital a (new)
- whereas the US has not signed the Basel Convention on Hazardous Waste Disposal, the 1992 Convention on Biological Diversity, the 2000 Cartagena Protocol on Biosafety, and the 2001 Stockholm Convention on Persistent Organic Pollutants; (This is a recital, i.e. to be placed BEFORE 1.)
Amendment 12 #
2014/2228(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to maintain the objeensure that any potential agreement would not lead to higher rates of extractiveon of including a specific energy chapter in the TTIP which could significantly increase the EU’sfossil fuels and/or higher energy prices for citizen for the sake of prematurely and supposedly perceived trade or energy security benefits; points to the fact that alternative, cost-effective, domestic, job creating and climate protecting measures are available, namely the reduction of energy demand through energy efficiency and saving measures and the accelerated development of domestic renewable energy securityources;
Amendment 13 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph b
Paragraph 1 – subparagraph b
b. take immediate action to ensure that fretrade and fair competition on both sides of the Atlantic, as well as market access, is addressinvestment by financial actors on both sides of the Atlantic is regulated on the basis of the highest standards possible withibased on the existing or higher levels of protection, especially within areas such as health and safety, consumer, labour and, environmental legislation and consumer protection;
Amendment 28 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph c
Paragraph 1 – subparagraph c
c. take immediate action to include restricfoster greater transparency and information exchange regarding state aid rules and the allocations onf state aid in the agreement; propose greater transparency within state aid rules and, and more broadly the provision of direct and indirect subsidies including in particular tax rulings, while preserving policy space required for the development of public and promotional banks as well as other mechanisms for providing concessional access to finance within the allocation of state aidim of supporting projects with high social and environmental returns;
Amendment 39 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph c a (new)
Paragraph 1 – subparagraph c a (new)
ca. take immediate action to ensure a comprehensive reform of the financial sector so as to tackle and prevent systemic risks;
Amendment 41 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Requests that the Commission ensures a policy of free trade with respect to fuels, including LNG and crude oilstance in its negotiations that are not leading to offsetting health, environmental and other risks related to the exploitation of shale gas, tar sand or other energy or industrial resources and raw materials to the US citizen; insists that EU acquis, for example on environmental legislation, consumer and data protection, must be upheld for all imported products and services;
Amendment 48 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph d
Paragraph 1 – subparagraph d
d. take immediate action to ensure that market access negotiations on financial services are combined withan upward convergence in financial regulation; supports high international standards in on- going cooperation efforts in other international fora;
Amendment 51 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph d a (new)
Paragraph 1 – subparagraph d a (new)
da. to refrain from additional market access commitments for financial services since interconnectedness, complexity and excessively big entities generate and spread systemic risks and represent a threat to financial stability;
Amendment 54 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph e
Paragraph 1 – subparagraph e
e. take immediate action to ensure that aggressive tax planning, and distortion of competition by e.g. moving of headquarters across the Atlantic to obtain competition- distorting conditions, are addressed, and ensure that 'off-shore' funds whose managers operate on both side of the Atlantic are being required to established their headquarters 'on shore'; take immediate action for ensuring an automatic exchange of information and country-by-country reporting regarding tax matters in all sectors;
Amendment 55 #
2014/2228(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Objects to the imports of particularly high greenhouse gas intensive fuels such as LNG derived from shale gas and crude oil derived from tar sands, as this would jeopardize international climate commitments, put at odds European climate legislation and objectives, not be subject to the recommendations on unconventional fuels and infringe the Fuel Quality Directive;
Amendment 64 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph f
Paragraph 1 – subparagraph f
f. take immediate action to ensureavoid that systematic movement of capital across the Atlantic, in order to results in avoiding tax payments in the country of production and/or sale of goods or services, is addressed within the TTIP; ensure that capital controls are possible to prevent, and to deal with balance of payments or financial crises; underlines the need for enhanced transparency and granularity regarding balance of payments statistics across the Atlantic;
Amendment 64 #
2014/2228(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to work on transatlantic harmonisation of standards and regulations that define the principles of public support for different energy sourcean agreement to end fossil fuel subsidies in line with the G20 commitments to phase out fossil fuel subsidies, specifically also on fuel tax exemptions for commercial aviation, and subsidies through export credit agencies and international financial institutions;
Amendment 68 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph f a (new)
Paragraph 1 – subparagraph f a (new)
fa. ensure that no jurisdiction with no or purely nominal taxes is included within the scope of the TTIP agreement;
Amendment 70 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph g
Paragraph 1 – subparagraph g
g. take immediunderlines thate action to ensure reciprocal market access for European companien imbalance of market access to public contracts in the United Staconstitutes; underlines that an imbalance of market accfair competition but recognizess tohat public contracts constitutes unfair competitionprocurement plays a key role regarding the fulfilment of missions of general interest;
Amendment 77 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph g a (new)
Paragraph 1 – subparagraph g a (new)
ga. ensure that the recently adopted EU rules on public procurement are shielded and supported in the framework of the negotiations, in particular regarding SMEs access to public contracts, the eligibility criteria based on the best 'quality-price' ratio instead of the cheapest price, reserved markets allocated to social economy undertakings, the possibility for contractual authorities to foster inter-community cooperation as well as to preserve thresholds for tendering exclusion from EU and international rules; to guarantee that EU undertakings are not discriminated whenever they apply to public procurement in the US and that they benefit of a transparent access equivalent to those applied to US undertakings in Europe as a consequence of public procurement rules in the EU;
Amendment 78 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph g b (new)
Paragraph 1 – subparagraph g b (new)
gb. to ensure the respect by contractual parties the obligation to favour short circuits and the circular economy so as to contribute to the respect of the environment;
Amendment 79 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph h
Paragraph 1 – subparagraph h
Amendment 81 #
2014/2228(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to exclude issues related to nuclear energy in its negotiations;
Amendment 82 #
2014/2228(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to insist on comprehensive certification for all biofuels in its negotiations according to ambitious sustainability criteria for biofuels, fully addressing indirect land use change, upstream emissions, social issues and links to the RED, FQD and RSF2 regulations and with a view to prohibit import of energy and food crops based biofuels;
Amendment 90 #
2014/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Points to the huge differentials between the USA and the EU in energy prices but also in per capita CO2 emissions; calls on the Commission, therefore, to provide energy-intensive sectors in the EU, includ, that are, according to Commission analysis mainly linked to national tax policies for specific domestic reasons chosen by the respective Member States 1 c; but also in per capita CO2 emissions; calls on the Commission, and also its transatlantic counterparts, to do away with pork-barrel politics ing the chemicalir negotiations iandustry, with appropriate measures maintaining current tariff rates over the longest focus on a common welfare approach based on concepts such as sustainability, the precautionary principle, the internalization of external costs and resposnsible period after the entry into force of the TTIP;ility towards future generations; __________________ 1c Subsidies and costs of EU energy https://ec.europa.eu/energy/sites/ener/files /documents/ECOFYS%202014%20Subsid ies%20and%20costs%20of%20EU%20en ergy_11_Nov.pdf
Amendment 91 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph i
Paragraph 1 – subparagraph i
Amendment 104 #
2014/2228(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds the Commission of the objective to reduce EU greenhouse gas emissions by 80-95% by 2050 1 d and therefore insists that ambitious and binding energy efficiency measures as well as the promotion of renewables are the economically and environmentally most sustainable options to achieve this goal; __________________ 1dEuropean Council Conclusions March 2011
Amendment 108 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph i a (new)
Paragraph 1 – subparagraph i a (new)
ia. is of the firm opinion that a possible TTIP agreement should not contain any investor-state dispute settlement (ISDS) mechanism, as the given level of investment protection in the EU and in the US is fully sufficient to guarantee legal security;
Amendment 110 #
2014/2228(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission not to undermine the EU standardisation process, for example in the field of energy labelling policies and energy efficiency measures; Considers the opportunities to better converge the measurement standards on both sides of the Atlantic in order to ease the verification of performances by industry and to enhance market surveillance cooperation between EU and US economies and calls for the level of performance to be achieved to be based on the most ambitious set of measures in relation with each constituency, to reflect their specific consumption patterns;
Amendment 114 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph i b (new)
Paragraph 1 – subparagraph i b (new)
ib. ensure that financial legislation and regulation is not subject to enforcement under TTIP chapters on regulatory cooperation and excluded from court challenges or dispute settlements procedures under the TTIP agreement;
Amendment 114 #
2014/2228(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Highlights the process and standards elaborated under the EU energy labelling and Eco-Design Directives, which should not be compromised on;
Amendment 115 #
2014/2228(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Objects any regulatory cooperation body and underlines the sovereignty of the respective national and EU bodies for regulatory processes, including the European Parliament, especially regarding policy objectives, impact assessments and democratic decision making processes, with its provisions on transparency and participation of societal stakeholders;
Amendment 119 #
2014/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. CRecalls onthat only 13% of SMEs are active outside the EU, while 25% are active exclusively within the EU internal market; points to the negative impact that any possible TTIP agreement is likely to have on non-export oriented SMEs; Demands the Commission to therefore ensure that the priorities and concerns of SMEsall types of SMEs, whether export oriented or not, are fully taken into account in the TTIP negotiations e.g. by means of comprehensive, ex-ante impact assessments orand targeted public consultations; calls on the Commission to ensure protection and enhancement of pro-SMEs policies and support schemes;
Amendment 132 #
2014/2228(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to ensure that the economic, social and environmental impacts of any possible agreement are examined through impartial and independent ex-ante impact assessment with clear involvement of stakeholders and civil society;
Amendment 133 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph k
Paragraph 1 – subparagraph k
k. stress the need to uphold the EU’'s tradition for organising its public services, and call for an exclusion of public services and services of general interest, including publicly-supported financial services providers, from the agreement;
Amendment 139 #
2014/2228(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Requests thatCalls on the Commission facilitateto examine how more active participation of EU firms in US public procurement could be facilitated as this can contribute to stimulating private-sector innovation and to the emergence of new, high-growth innovative companies and sectors; is against demands that would jeopardise establishment or continuation, in the US, the EU or in the Member States, of pro- SMEs policies and support schemes such as those improving access to public procurement of SMEs, green or regional procurement;
Amendment 147 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph l
Paragraph 1 – subparagraph l
l. propose that there should be no obligation in TTIP to expose sensitive sectors to competition, including in the field of financial services; is of the opinion that sovereign debt instruments should be excluded from the scope of the investment treaty.
Amendment 151 #
2014/2228(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that regulatory policy coordination cannot be taken as a pretext for lowering the level of ambition on issues of vital importance for EU citizens such as the safety and wellbeing of employees, or the protection of the environment; is against the promotion of a deregulation agenda with the excuse of reducing administrative and regulatory burdens and trade barriers for industry and SMEs; calls on the Commission not to lower its level of ambition with regard to EU public policy objectives and regulations in the field of environmental, social and health and safety standards and calls on the Commission to upheld, protect and strengthen them;
Amendment 154 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph l a (new)
Paragraph 1 – subparagraph l a (new)
la. urges therefore the Commission to negotiate a general prudential carve-out that guarantees financial stability and covers public policy objectives such as the restructuring of banks and other financial institutions and guarantees general access to affordable financial services and provide adequate financing for the transition toward climate friendly economies;
Amendment 158 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph l b (new)
Paragraph 1 – subparagraph l b (new)
lb. urges that regulatory cooperation on the financial sector is carved-out from TTIP but is continued outside the context of a trade and investment agreement while fully respecting the democratic decision-making processes on both sides regarding the ongoing cooperation agenda;
Amendment 159 #
2014/2228(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that decisions on legal conflicts about fundamental rights may only be made by competent ordinary courts; is of the firm opinion that a possible TTIP agreement should not contain any investor-state dispute settlement (ISDS) mechanism, as the given level of investment protection in the EU and in the US is fully sufficient to guarantee legal security;
Amendment 160 #
2014/2228(INI)
Draft opinion
Paragraph 1 – subparagraph l c (new)
Paragraph 1 – subparagraph l c (new)
lc. recalls the need for transparency in the negotiations throughout the entire process; reminds the Commission of its obligation , according to TFEU Art 218.10 which the ECJ in a recent ruling has been confirmed as of statutory character, to keep Parliament fully informed on an immediate basis at all stages of the negotiations; urges the Commission to work towards an agreement with the US Administration regarding the access of all Parliamentarians to the consolidated negotiation texts; insists on access for the public to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents;
Amendment 161 #
2014/2228(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Reminds the Commission, while welcoming the potential benefits of regulatory alignment and mutual recognition, including the establishment of common principles inof the importance of maintaining high levels of safety and security and that the negotiations should lead to alignment to the higher standards in e-commerce without impeding on the EU ICT standardsisation and technical specifications in the area of ICT, about the importance of maintaining high levels of safety and securitycreation processes, the intellectual property rights (IPR) legislative process and the protection of the cultural sector;
Amendment 180 #
2014/2228(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Asks the Commission to keep in mind that the consent of the European Parliament to a possible agreement could also be endangered as long as the blanket mass surveillance activities are not completely abandoned and an adequate solution is found for the data privacy rights of EU citizens, including administrative and judicial redress 1 e ; __________________ 1e § 74 of the Parliament Resolution of 12 March 2014
Amendment 188 #
2014/2228(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Reminds the Commission, regarding ICT services, that it is of particular importance that the TTIPnegotiations aim at ensureing a level playing field with equal access for EU service companies to the US market and with an obligation on US service providers to respect the rules applicable to EU companies when providing services in Europe or to European customers. In this regard, commitments in service sectors entailing a high degree of data flows - such as e- commerce, telecoms and financial services - should be discussed only once the ongoing negotiations on Safe Harbor and the Data Protection Umbrella Agreement are successfully concluded;
Amendment 195 #
2014/2228(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that negotiations with the United States on most IPR issues are not desirable from the EU point of view, as legal traditions and rules differ, such as on copyright or patent protection for instance, while the levels of protection are already well developed; recalls that trade secret protection, which is not considered as an IPR in the vast majority of the EU Member States, but is in the US, should not be discussed in the context of IPR; reminds the Commission that it is key for EU producers, both from an economic and a cultural standpoint, that there is full recognition and protection of geographical indications (GIs);
Amendment 208 #
2014/2228(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recalls the need for transparency in the negotiations throughout the entire process; reminds the Commission of its obligation, according to TFEU Art 218.10 which the ECJ in a recent ruling has been confirmed as of statutory character, to keep Parliament fully informed on an immediate basis at all stages of the negotiations; urges the Commission to work towards an agreement with the US Administration regarding the access of all Parliamentarians to the consolidated negotiation texts; insists on access for the public to relevant negotiation documents from all parties, with the exception of those which are to be classified with clear justification on a case-by-case basis, in line with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents 1 f; __________________ 1f OJ L 145, 31.05.2001, p.43
Amendment 214 #
2014/2228(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls on the Commission to release to the European public those documents that are accessible to both negotiation parties, in order to allow European citizens to be properly informed; further advocates the possibility to create processes for citizen to express their opinion and accommodate these during the negotiation process;
Amendment 25 #
2014/2158(INI)
Motion for a resolution
Recital A
Recital A
A. whereas too many sectors within the single market remain divided by national borders and artificial barriers, while on the other hand important issues of subsidiary sustainable economic impact, e.g. social dumping or structural fund use, raise concerns and should be addressed within the framework of EU competition policy;
Amendment 34 #
2014/2158(INI)
Motion for a resolution
Recital B
Recital B
B. whereas competition policy is an essential tool to enable the EU to have a dynamic, efficient, sustainable and innovative internal market and to be competitive on the global stage, as well as to overcome the financial crisis;
Amendment 48 #
2014/2158(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the successful development of SMEs under conditions of free competition is one of the most essential preconditions for job creation, sustainable growth and investment;
Amendment 60 #
2014/2158(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the essential role of competition policy enforcement in productivity and innovation, creating a level playing field across the single market in full. Furthermore enhance harmonisation measures with respect of national diversities;
Amendment 64 #
2014/2158(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to assess the effect of the restrictive scope exemptions to State aid rules in the field of social housing; limiting it to disadvantaged citizens or socially less advantaged groups; calls on the Commission to focus towards Member States that experience difficulties with their social housing sector because of this restriction;
Amendment 79 #
2014/2158(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the Commission must be provided with appropriate staff resources to significantly widen and deepen its investigations into fiscal state aid such as tax rulings and tax avoidance to give competition a sufficient proactive stance, and to have proficient legal resources to identify gaps that we have witnessed through the reveal of the targeted tax schemes practiced by various Member States in the Union;
Amendment 98 #
2014/2158(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to assess State aid provided to the banking sector related to the reduction of the balance sheet composition , size and complexity; to keep a proper focus on the effect on retail lending to consumers and SME´s; monitor transparency on cost, fee structures and margins and how this effect the competition in the single market; to monitor the distribution of dividends, securitisation or reuse of assets and the banking sectors annual tax contributions; requesting that these conditions should be explicit, imperative as well as assessed and summarized on an ex post basis in the forthcoming annual Competition reports;
Amendment 99 #
2014/2158(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to tackle the flaws found in the pre-crisis legal system, in particular as regards the financial sector as well as to remedy distortions’ created over the financial and economic crisis; reiterates that the subsidised implicit guarantee from governments and central banks have resulted in gains to be privatised and losses socialised; and notes the need to ensure the functioning of the single market to benefit the real economy are in focus when banks are receiving State aid;
Amendment 100 #
2014/2158(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Urges the Commission to assess the systemic risk posed to capital markets by assessing the complex interconnections of securitised finance through the overhang of un-burnable carbon. and potential risks within the financial market due to the increased exposure to climate change and the lack of investor information regarding this risk when choosing to invest. This creates an uneven playing field in the financial market for sustainable investments;
Amendment 102 #
2014/2158(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that SGEIs represent a significant share of total service provision in Member States, and maintains that their more efficient provision can deliver significant gains; stresses the Commission’s responsibility to ensure that compensation granted to SGEIs is compatible with EU state aid rules; expresses its concern regarding the exemption of too many services from the scrutiny of competition authorities;
Amendment 116 #
2014/2158(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the Commission to increase the effectiveness of the penalty system, and assess the opportunity of introducing individual sanctions such as individual fines and directors disqualifications, against companies and their executives;
Amendment 124 #
2014/2158(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for cleardevelopment of guidelines on timetables, deadlines and formal rights for all implicated victims and parties in antitrust and cartel cases, with due stress on the principle of the presumption of innocence and introduction of collective redress procedures to private damages claims for the enforcement of infringements to Article 101 and 102 of the Treaty;
Amendment 157 #
2014/2158(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Urges the Commission to provide reporting of fossil fuel reserve and potential CO2 emissions by listed companies and those applying for listing within the single market. To make correct and reliable environmental reporting by aggregate and publish the levels of reserves and emission using appropriate accounting guidelines is essential to assure a level playing field in the sustainable investment market;
Amendment 158 #
2014/2158(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Commission to examine the extent to which the concentration of critical raw materials suppliers may create an uneven playing field and be harmful to the activity of client sectors and more eco- efficient economy. This hence some of these are of paramount importance for the deployment of eco-efficient technologies and innovations needed to achieve environmental goals;
Amendment 159 #
2014/2158(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Reiterates that the Competition Policy should contribute at promoting transparency, open standards and interoperability in order to prevent technological lock-in of consumers and clients by any market players in the energy sector: urges the Commission to closely monitor the level of competition since the three largest players still represent about 75 % in the electricity market and above 60% in the gas market, despite the gradually opening of markets since the mid 1990s and calls on the Commission to assure proper competition in the energy market in order to improve State support to innovation and access to renewable energy sources;
Amendment 170 #
2014/2158(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges the Commission to take the lead in progressing fair competition in the digital market through procurement of Free Software and Open Standards in ICT and Media solutions for the EU institution; stresses for trust and security reasons the European IT capacity should be based on Free Software and Open Standards, making the whole supply chain, from processor design to application layer, transparent and reviewable;
Amendment 171 #
2014/2158(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Invites the Commission to develop an enforceable legal standard to secure ‘net neutrality’ by establishing EU-wide rules on transparency, switching and traffic management on Internet; to ensure a public free and open Internet infrastructure not favouring data and securing all websites´ content are delivered to all users at the same speed; by preserving wired and wireless networks as an open public platform for innovation and expression, providing certainty and predictability in its marketplace; to oversee the public interest standard ensuring the Internet remains as the engine of free expression, innovation, economic growth and sustainable digital job opportunities enhancing neutral competition by equal access;
Amendment 191 #
2014/2158(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to closely monitor the financial sector to enhance competition, investor and consumer protection in the European banking and investment market. The consolidation in the banking sector has increased the market share of several financial institutions to grow bigger than pre-crisis level, and the financial investment industry have grown simultaneously without any gain to the real economy within the Union. This to maintain a fully functioning single market, a level playing field for actors in the financial industry and to avoid decreased transparency and cartel-like constructions to develop;
Amendment 225 #
2014/2158(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Urges the Commission to monitor closely State aid to accelerate developments in the transport sector not to provide unfair competition by supporting unsustainable projects or resulting in an uneven playing field among its actors, hampering the international commitment towards reaching environmental goals;
Amendment 235 #
2014/2158(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Expresses its concern at the abuse of cabotage regulation in road transport and at potential social dumping within various transport services, and believes these problems must be addressed;
Amendment 265 #
2014/2158(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the Commissioner for competition’s role in promoting the real economy, jobs and growth, as well as the digital single market, energy policy, financial services, industrial policy and the fight against tax evasion;
Amendment 276 #
2014/2158(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Urges the Commission to combat tax rulings and tax evasion through Competition Policy in the EU and reticent Member States with mandatory rules on tax transparency by country-by-country reporting through a Common Consolidated Corporate Tax Base (CCCTB); and to accompany the proposal with a European Minimum Corporate Tax Rate to prevent aggressive tax avoidance and legal comfort hunting resulting in uneven competition within the national market or the single market for corporate companies operating in the same sectors;
Amendment 277 #
2014/2158(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls on the Commission to legally assess if abandoning national tax-level by the national governments in Member States to some actors distort competition in the segments areas. Additionally, weather yielding Member States are in breach of their Treaty obligations at the expense of other EU countries by this practice. This hence the practice reduces their national GDP and thereby reduces their obligated financial contributions as Member States in accordance to Treaty agreements;
Amendment 1 #
2014/2075(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that in 2013, the key priority for the DG Education and Culture (DG EAC) and the Education, Audiovisual & Culture Executive Agency (EACEA) washad to prepare for the implementfocus on the elaboration of Erasmus+ and Creative Europe, the new programmes for the period of 2014–2020;
Amendment 4 #
2014/2075(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that in 2013, the budget execution rate for the 2007–2013 programmes, in particular Lifelong Learning (LLP), Culture, Media and Youth in Action programmes was 100%; notes that at the end of the year, the mismatch between the adopted commitment and payment appropriations resulted in shortage of payments with negative repercussions on the following year; is concerned that a similar situation might develop in the context of the new programmes and have disastrous consequences on participants to the programmes;
Amendment 8 #
2014/2075(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes with satisfaction that EACEA has further streamlined its selection processes and that it executed 96% of its payments within the contractual time limits but regrets the treatment itself of the end reports tends to be unduly extended; recalls that any delays in payments directly affect the beneficiaries’ rights; encourages the EACEA to further improve its control systems but not at the expense of the beneficiaries;
Amendment 12 #
2014/2075(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that in 2013, DG Communication organised several activities in the context of the European Year of Citizens 2013; notes that at the same time, there was an urgent need to prepare for 2014 budget cuts in the field of European Citizenship; highlights that Europe for Citizens programme serves as a unique and direct link between the EU and its citizens in order to support actions, petitions and civil rights; considers the present funding level far too low and emphasises that the programme be implemented within its content, becoming richer of initiatives empowering the values of European Citizenship; strongly opposes to any budget cuts tor any payment delay for the Europe for Citizens programme 2014–2020.
Amendment 13 #
2014/0170(NLE)
Motion for a resolution
Paragraph 7a (new)
Paragraph 7a (new)
7a. Welcomes the recent progress made by Lithuania regarding its EU 2020 related national objectives; underlines however that the financial crisis has had a very significant impact on poverty and unemployment and the pre-crisis levels have not yet been reached back; is concerned by the high level of structural unemployment and in particular youth unemployment; notes with strong concern that around one sixth of the Lithuanian population and especially young people left the country during the most acute period of the crisis; points out that such situation has created an unprecedented challenge for the country and in particular for the long-term sustainability of public finances given the impact of such migration flows on the dependency ratio and on demographic developments; calls on the Lithuanian government to closely monitor such impact and to adopt comprehensive measures to address it;
Amendment 14 #
2014/0170(NLE)
Motion for a resolution
Paragraph 7b (new)
Paragraph 7b (new)
7b. Welcomes the readiness of the Lithuanian government to reform its flat tax system and to establish a progressive taxation system; points out that such reform is expected to have beneficial impact on long-term public finances;
Amendment 15 #
2014/0170(NLE)
Motion for a resolution
Paragraph 7c (new)
Paragraph 7c (new)
7c. Points out that the current convergence criteria are insufficient conditions to ensure the overall macroeconomic sustainability so as to allow a Member State to join the monetary union; is of the opinion that any future Treaty reform should review those convergence criteria; calls on the Commission to present proposals to that effect in the framework of its forthcoming Treaty revision proposals foreseen in its blueprint for a genuine EMU;
Amendment 5 #
2010/0310M(NLE)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU Member States involved in the 2003 war, and the EU as a whole, have a particular responsibility in assisting the Iraqi population and supporting efforts to achieve peace and stability in the country;
Amendment 18 #
2010/0310M(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the United Nations Assistance Mission to Iraq (UNAMI) has been present in the country since 2003 and has undertaken significant work in advancing inclusive political dialogue and national reconciliation;
Amendment 19 #
2010/0310M(NLE)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas continued corruption and the absence of implementation of rule of law will make the narrative of reconciliation meaningless for the population; whereas accountability for the crimes committed by all parties is necessary to achieve reconciliation;
Amendment 20 #
2010/0310M(NLE)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas counter-terrorism laws have been used to oppress opposition politicians, detainees, demonstrators, and journalists, effectively squeezing the space for independent civil society and political freedoms in Iraq;
Amendment 27 #
2010/0310M(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas the Iraqi authorities should view the country’s oil revenues as an opportunity and a tool for achieving sustainable social and economic reconstruction which will benefit Iraqi society as a wholedevelop a sustainable economic model with the principle of redistribution at its core; whereas the EU should support Iraq in its energy transition, since provisions for clean and sustainable energy are essential to accelerate the implementation of the Sustainable Development Goals;
Amendment 31 #
2010/0310M(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas more than 1.5 million Christian Iraqi citizens (Chaldeans, Syriacs, Assyrians and members of other Christian minorities) were living in Iraq in 2003thousands of Iraqi citizens, including from minority communities, were inhumanly exterminated or enslaved by Da’esh, particularly women and girls, in acts of war crimes and crimes against humanity; whereas some of these minority communities, including Yazidis, Chaldeans, Mand whereas theyaeans, Syriacs and Assyrians constitute an ancient, native population groups which isare facing serious danger of persecution and exile; whereas hundreds of thousands of ChristiaIraqi citizens have fled the violence, either leaving their country completely or being displaced within its borders;
Amendment 40 #
2010/0310M(NLE)
Motion for a resolution
Recital I
Recital I
I. whereas, to date, more than 3 million Iraqis have been internally displaced; whereas IDPs fear retribution or discrimination from the prolonged stays of forces that participated in the liberation of areas in North and Western Iraq; whereas providing economic support for IDPs to rebuild their livelihoods is essential for their return;
Amendment 46 #
2010/0310M(NLE)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas all parts are reported to have committed a range of violations under international human rights and humanitarian law, including torture, enforced disappearances and extrajudicial executions;
Amendment 64 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the EU to intensify its cooperation to facilitate the stabilisation of recently liberated areas and allow the safe, informed, voluntary and dignified return of internally displaced persons; encourages the EU to provide technical assistance for enhancing Iraqi capacity in demining and removal of explosive hazards from these areas; calls on the Iraqi government to work towards the acceleration of registration processes for demining organisations;
Amendment 69 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the need for conflict prevention and for addressing security challenges as well as the demand for reconciliation, mediation and dialogue initiatives makes it necessary to significantly increase funds available for such initiatives, mainly through the use of the IcSP;
Amendment 70 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the EU to make every effort to encourage the pursuit of a sustained and constructive dialogue between the central authority and the authorities of the Kurdistan region of Iraq in order to establish stable relations which satisfy both parties and fully respect the country’s diversity and the rights of all elements of Iraqi society, as well as the principles of the Iraqi Constitution and the unity and territorial integrity of Iraq; stresses the need to solve the demarcation of the boundary between the Kurdish region and the rest of Iraq through dialogue; encourages the United Nations to act as honest broker in this process;
Amendment 80 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the EU to work with the Iraqi authorities in order to assist them in the drafting of a national strategy for the protection and exhumation of mass graves;
Amendment 85 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the need to support the development of Iraqi civil society and its full participation in the various reform processes; maintains that particular attention should be paid to the representation of women, young people and people from ethnic and religious minorities, including ChristianMuslim minorities, Christians, Yazidis and Mandaeans, whose demands need to be included in the transition process;
Amendment 91 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Continues to provide ongoing support for the broad action to combat terrorism being carried out by the Global Coalition against Daesh while ensuring the respect of international law and human rights ; calls on the EU to establish a dialogue on issues relating to the fight against terrorism with a view to reforming anti-terrorist legislation and strengthening the country’s capacity to deal with the terrorist threats; reminds that the fight against terrorism cannot be used as a pretext to crack down on political activists or violate the rights of the population;
Amendment 99 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the EU to encourage the Iraqi authorities to adopt a national strategy to deal with crimes committed by Daesh and to accede to the Rome Statute of the International Criminal Court (ICC) in order to ensure accountability for the war crimes and crimes against humanity committed by ISIS/Daesh;
Amendment 100 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the European Union to acknowledge its responsibility for EU citizens who travelled to Iraq to take part in the crimes of the IS and who should face procedures under the rule of law; calls on the setting up of clear procedures regarding repatriation and legal responsibility of those affected between Iraq and the respective EU member states;
Amendment 104 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to support a reform of the judicial system, in particular with regard to transitional justice, in order to ensure compliance with international standards on due process, fair trials and judicial independence;
Amendment 105 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Iraqi authorities to prioritise gender equality and the eradication of all violence and discrimination against women and girls, including gender-based violence; stresses in this regard the importance of abolishing the law that exonerates an accused from prosecution for rape, sexual assault, statutory rape, abduction or similar acts if the rapist marries his rape victim;
Amendment 119 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that the reconstruction and stabilisation process must be accompanied by coherent economic and social development policies which benefit all Iraqis; calls on the EU to engage fully alongside the Iraqi authorities not only to address the economic and budgetary imbalances but also to promote sustainable and inclusive and sustainable economic growth capable of generating jobs, particularly for young people;
Amendment 120 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the EU to ensure that EU funds are invested in projects that help the Iraqi population and that adequate support is provided to municipalities in their provision of essential services and in building local governance, so as to ensure basic living standards for the population; to ensure coordination between central authorities and local municipalities in order to identify the priorities to invest in; to enhance support to civil society, notably human rights defenders; in particular, to prioritize funding for projects that support actors promoting accountability and democratic change, and that foster locally embedded dialogue and conflict- resolution mechanisms, involving young people in particular;
Amendment 123 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the European Union to develop cooperation opportunities in the field of science and research, notably university cooperation and partnerships, in particular as regards Erasmus+ and exchange opportunities in the field of teaching and research;
Amendment 125 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 19
Paragraph 19
19. WelcomNotes the launch, at the request of the Iraqi authorities and as part of the Iraqi security strategy, of a mission to support security sector reform in Iraq (EUAM Iraq); hopes that this will help strengthen the public institutions and allow an impartial and inclusive police force to be established; notes that the security sector reform in Iraq is an important challenge that should be supported by the UN; stresses the need to work towards the demobilisation of militias and reintegration of fighters as part of the security sector reform;
Amendment 129 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU to establish with Iraq, within the framework provided for by the PCA, a dialogue on all aspects of migration, and to implement a tailored approach to managhuman- rights based approach to address migration bearing ing migrand the need to find long- term, effective and viable solutions, for the benefit of the citizens of both the EU and Iraq;
Amendment 130 #
2010/0310M(NLE)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that EU-Iraq is a potentially important partner in ensuring greater diversification of energy sources and thus contributing to Europe’s energy securityi cooperation in the field of energy and technology should be characterised by common projects, exchange and know-how transfer including in the fields of renewable energy, energy efficiency and efficient management of resources;