192 Amendments of Afzal KHAN
Amendment 23 #
2017/2025(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas the EU-India Agenda for Action - 2020 reaffirms the commitment of both parties to establishing a stable economic climate favourable to the expansion of trade and economic cooperation; whereas existing dialogue and consultation mechanisms will need to be strengthened to take on this enhanced role;
Amendment 125 #
2017/2025(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Notes with concern the absence of progress in resolving the long-running dispute with Pakistan over Kashmir; calls for redoubled efforts to achieve a rapprochement between the neighbouring countries and to lay the foundations for a sustainable peace process; suggests that a possible first step could be to convene a senior officials meeting, taking place on neutral ground, to address the technical issues involved and to establish a framework for a high level political meeting which would agree on concrete proposals;
Amendment 126 #
2017/2025(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Calls for the regional actors, the EU and the international community to encourage and support the reconciliation process between India and Pakistan over Kashmir drawing on the expertise and experience of existing fora for regional cooperation, and to promote the establishment of a durable peace process for the region; calls on the EU to support the involvement of local civil society in the peace process and, above all, to sustain people-to-people projects in order to promote dialogue and collaboration among Pakistani, Indian and Kashmiri NGOs;
Amendment 127 #
2017/2025(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Stresses the urgent need for effective confidence-building measures to reduce tension between India and its neighbour, through measures such as a return to barracks of some of the security and military personnel stationed on the Line of Control and convening of an international meeting to prepare for a high level political dialogue on the de- militarisation of the border area;
Amendment 165 #
2017/2025(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Notes the correlation between access to channels open to citizens for the legitimate expression of dissenting views and the frequency and scale of civil unrest and emphasises the importance for a functioning democracy of having a legal system that is both independent and unbiased and is perceived as being a genuine source of remedy for victims of human rights abuses;
Amendment 189 #
2017/2025(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Deplores the means used by the Indian security forces, including the use of pellet guns, in Jammu and Kashmir, to control expression of dissent on the part of ordinary citizens, which have resulted in numerous fatalities and permanent injuries; believes that such methods have no place in law enforcement and should be banned immediately;
Amendment 111 #
2016/2313(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the results of the 2013 census are an important basis for providing a satisfactory response to the Commission questionnaire; welcomes the final assessment made by the International Monitoring Operation concluding that the census in Bosnia and Herzegovina was as a whole conducted in compliance with international standards; regrets that Republika Srpska refused to acknowledge the census results as legitimate, and that the RS authorities published their own results, different than those confirmed by the Agency for Statistics of Bosnia and Herzegovina; urges the RS authorities to reconsider their approach;
Amendment 139 #
2016/2313(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that a high number of constitutional court decisions are not being implemented, including in particular the decision on the RS day, which was contested in the referendum held on 25 September 2016; considers this as a serious violation of the Dayton Peace Agreement and an attack on the judiciary and the rule of law; stresses that such issues should be addressed through dialogue rather than through unilateral initiatives; emphasises that respect for the rule of law and the country’s constitutional framework is of paramount importance for advancing on the EU path;
Amendment 142 #
2016/2313(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Urges leaders of all sides to refrain from divisive, nationalist and secessionist rhetoric that polarizes the society and from actions that represent a challenge for the cohesion, sovereignty and integrity of the country; urges instead to seriously engage in reforms that will improve the socio-economic situation of all BiH citizens, create a democratic, inclusive and functioning state and move the country closer towards EU;
Amendment 189 #
2016/2313(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deems it essential to enhance public participation in decision-making and to better engage citizens in the EU accession process; notes that civil society is fragmented, institutionally and financially weakreiterates its calls for transparent and inclusive public consultation mechanisms with civil society organisations to be implemented at all levels of government; notes that civil society is fragmented, institutionally and financially weak; notes that the Cooperation Agreement between the Council of Ministers of BiH and the NGO sector, signed 10 years ago, has not been implemented yet; calls for better cooperation mechanisms between government and civil society organisations, including the developing of a strategic framework for cooperation;
Amendment 201 #
2016/2313(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the need for a substantial improvement in the strategic, legal, institutional and policy frameworks on the observance of human rights; calls to adhere to the recommendations of the International Coordinating Committee and Venice Commission when adopting the new Law on Human Rights Ombudsman of BiH; calls for the adoption of a countrywide strategy on human rights and non-discrimination; is concerned abouton preventing and combating discrimination; asks to address continued discrimination against persons with disabilities in the fields of employment, education and access to health care; calls for developing a comprehensive and integrated approachstrategy on to the social inclusion of Roma and adopt separate action plans for individual fields, i.e. housing, health care, employment, and education of Roma; welcomes the fact that some governments and parliaments have begun discussing LGBTI rights and drawing up specific measures for their protection; welcomes changes to the BiH anti- discrimination law extending the listed grounds for discrimination to age, disability, sexual orientation and gender identityencourages them to prepare, adopt and implement a multi-annual Action Plan for Equality of LGBTI Persons, with the aim to combat prejudice, discrimination and violence; welcomes changes to the BiH anti- discrimination law extending the listed grounds for discrimination to age, disability, sexual orientation and gender identity; welcomes the introduction of prohibition of hate crime in amendments to the Criminal Code of FBiH; encourages to include education on hate crimes into the curricula and training programmes of police officers, prosecutors and judges and to improve cooperation between police and judicial bodies in prosecuting hate crime cases;
Amendment 264 #
2016/2313(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the slight reduction in unemployment; remains concerned, however, that unemployment continues to be largely of a structural nature and that youth unemployment continues to be high, resulting in very high levels of brain drain; calls on the competent authorities to introduce active labour market policies targeting in particular the youth, women and the long-term unemployed as well as reinforcing the capacities of the employment services; calls on the competent authorities to modernize health and safety laws and to harmonise these laws between the Entities; notes that labour and trade union rights are still limited and stresses the importance of further enhancing and harmonizing these laws across the country; highlights also the need to reform and harmonize the fragmented social protection systems on the basis of citizens' needs in order to provide equal treatment for all;
Amendment 117 #
2016/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that the principle of complementarity of the ICC entails the primary responsibility of its States Parties to investigate and prosecute atrocity crimes; expresses concern that not all EU Member States have legislation defining these crimes under national law over which their courts can exercise jurisdiction; urges all EU Member States to introduce a definition of 'atrocity crimes' in their national law; calls for the harmonization of legislation concerning atrocity crimes; calls for the EU to make full use of the ‘Advancing the principle of complementarity’ toolkit;
Amendment 165 #
2016/2239(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms, in this context, its strong condemnation of the heinous crimes and human rights violations committed by ‘ISIS/Daesh’ in Syria and Iraq, including killings, torture, rape, sexual slavery, forced religious conversions and the systematic murder of religious minorities, committed by non-state actors, such as ‘ISIS/Daesh’ in Syria and Iraq; believes that the prosecution of the perpetrators should be a priority for the international community;
Amendment 168 #
2016/2239(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Encourages the EU and its Member States to fight against impunity and to lend actively support to international efforts to bring to justice members of non-state groups responsible for atrocity crimes, such as ‘ISIS/Daesh’ to justice; calls for the development of a clear approach to their prosecution of ‘ISIS/Daesh’, including by using the expertise of the EU network for investigation and prosecution of genocide, crimes against humanity and war crimes;
Amendment 179 #
2016/2239(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Emphasises that the EU and its Member States should support the prosecution of ‘members of non-state groups such as 'ISIS/Daesh’' by the ICC by seeking a consensus within the UN Security Council; calls on the EU Member States to investigate and prosecute nationals of theirs who have committed atrocity crimes in Iraq and Syria, or to refer them to the ICC; underlines that, alternatively, the EU should explore and support at international level all options to prosecute ‘'ISIS/Daesh’' crimes, including by means of the establishment of an International Criminal Tribunal for Iraq and Syria;
Amendment 30 #
2016/2052(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the security and defence building capacity enshrined in the Treaties has yet to be accomplished; whereas it is the responsibility of the Member States to build a European Security and Defence Uniona commitment to strengthening CSDP is crucial as is the need to develop synergies between internal and external security policies; whereas the EU and its Member States have a strong role to play through the unique EU comprehensive approach to preventing and managing conflicts and addressing their causes;
Amendment 43 #
2016/2052(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 42 of the Treaty on European Union requires the progressive framing of a common Union defence policy as part of the common security and defence policy, which will lead to a EU common defence when the European Council so decides, acting unanimously, without prejudice to the specific character of the security and defence policy of certain Member States;
Amendment 53 #
2016/2052(INI)
Motion for a resolution
Recital D
Recital D
D. whereas that same article provides for the creation of defence institutions as well as for a European capabilities and armaments policy to be defined; whereas it also requires that the EU’s efforts will be NATO-compatible; whereas a Europeacommon Union Ddefence Union willpolicy could enable a stronger North Atlantic Treaty Organization, consequently promoting further a more effective national (territorial), regional and global security and defence;
Amendment 78 #
2016/2052(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the European Council of June 2015, which focused on defence, called for fostering greater and more systematic European defence cooperation with a view to delivering key capabilities, including through the use of EU funds, noting that military capabilities remain owned and operated by the Member States;
Amendment 88 #
2016/2052(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the EU level white book on security and defence will represent the first steps towards the European Defence Union (EDU), as provided for inshould further strengthen CSDP and enhance the EU's ability to act as a security provider, in accordance with the Lisbon Treaty;
Amendment 100 #
2016/2052(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Encourages the European Council to lead the progressive framing of the EDUa common Union defence policy, with a view to its establishment under the next multiannual political and financial framework of the EU (MFF); takes the view that the Lisbon Treaty provides a solid basis for the EDUcommon Union defence policy;
Amendment 179 #
2016/2052(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of putting in place the necessary measures to allow a workinghat encourage a functioning, fair, accessible, and transparent and simple European market in defence equipment in order to enable Member States to reach better defence and security budget maximisationEuropean defence market, promote future technological innovation, support SMEs and stimulate growth and jobs; is concerned that the progress towards improved competitiveness, greater transparency, and less red tape in the defence sector has been slow so far, and that a sound European defence industrial policy is still missing; stresses the need of ensuring that the Defence Procurement Directive and the Intra Community Transfers Directive are correctly applied across the EU;
Amendment 201 #
2016/2052(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the joint declaration by the presidents of the European Council and the Commission, and the Secretary-General of the North Atlantic Treaty Organization of 8 July 2016; emphasises the need for stronger cooperation between the EU and NATO in the area of security and defence; is convinced that EU-NATO cooperation should involve building resilience together in the east and the south as well as defence investment, countering hybrid and cyber threats, improving maritime security, as well as coordinating development of defence capabilities; considers that cooperation on capabilities offers the prospect of improving compatibility and synergy between both frameworks; is convinced that this would also strengthen NATO’s role in security and defence policy, and in collective defence;
Amendment 195 #
2016/2036(INI)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
Amendment 386 #
2016/2036(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines also the need to intensify the fight against Islamist terrorism, which affects ever larger parts of the Middle East and North Africa and has also been creeping into Europe, and to tackle the root causes of terrorism and radicalisation; urges the EU to undertake concerted diplomatic efforts, together with the US and other international allies, to convince partners in the region, such as Turkey, Saudi Arabia and Iran, of the need for a common strategy towards this global challenge;
Amendment 398 #
2016/2036(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Is very concerned with the rise of sectarian violence in the region and emphasises the need for a sustained and comprehensive diplomatic EU engagement to address the underlying dynamics of the conflict through long- term support for ethno-sectarian reconciliation;
Amendment 443 #
2016/2036(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Recalls that the Member States are responsible for more than one third of global arms exports; deplores the fact that some of them continue to export arms to authoritarian countries thus contributing and facilitating armed conflict, regional instability and serious violations of international human rights and humanitarian laws; urges Member States to strictly adhere to the norms established by the EU's Common Position on arms exports and to cease arms trade with third countries who do not fulfil the criteria listed; insists that the EU step up political dialogue and cooperation on disarmament, non-proliferation and arms control;
Amendment 448 #
2016/2036(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Highlights the growing threat of cyber-attacks, such as the attack on Ukraine's power grid leaving nearly 225,000 citizens without power; emphasises that the EU should continue to promote the ratification and implementation of the Budapest Convention on cybercrime with its partners in the neighbourhood and developing countries; is also convinced that the EU should engage with its partners and step up its assistance for capacity building on cybersecurity, on the fight against cybercrime and cyber terrorism;
Amendment 74 #
2015/2276(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the Union’s space policy promotes scientific and technical progress, industrial competitiveness and the implementation of all EU policies, including security and defence policy; invites the Council, the VP/HR and the Commission to ensure that European space programmes develop civilian space-based capabilities and services forwhich may contribute to European security and defence capabilities;
Amendment 97 #
2015/2276(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recognises the crucial nature of the relationship between the Union and the European Space Agency; is convinced that the European Space Agency should play a significant role in the definition and implementation of security and defena single European space policy; invites the VP/HR to coordinate and advance the necessary initiatives and efforts to this end;
Amendment 139 #
2015/2276(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the civilian EU programmes in the space domain that can provide capabilities and services relevant to the Union’s security and defence policy, including the next stages of evolution of the Copernicus and Galileo systems, need to takeconsider security- and defence- related requirements into accountconcerns from their inception; considers that space situational awareness / space weather, satellite communication, electronic intelligence and early warning are areas in need of additional EU- level cooperation ibetween the public and private sectors, continuous investment by, and support for, agencies in the space, security and defence fields, such as the European Global Navigation Satellite Systems (GNSS) Agency;
Amendment 193 #
2015/2276(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that an EU-level ‘white book’ on security and defence wcould be the appropriate means of structuring future EU engagement and investment in space-based security and defence capabilities; takes the view that this wcould also allow coherent development across all capability domains in relation to peace-keeping, conflict prevention and strengthening international security, in accordance with the principles of the United Nations Charter, and the progressive framing of a common EU defence policy;
Amendment 11 #
2015/2274(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to its previous resolutions on Iran, in particular those of 10 March 2011 on the EU’s approach towards Iran1 , 14 June 2012 on Situation of ethnic minorities in Iran1a , 17 November 2011 on Iran - recent cases of human rights violations1b and of 3 April 2014 on the EU strategy towards Iran2 , __________________ 1 Texts adopted, P7_TA(2011)0096. 1a Texts adopted, P7_TA(2012)0265 1b Texts adopted, P7_TA(2011)0517 2 Texts adopted, P7_TA(2014)0339.
Amendment 50 #
2015/2274(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that EU-Iran relations should be developed through multi-layered dialogue involving political, technical and people-to-people contacts; supports the opening of EU-Iran relations for the mutual benefit of both parties, based on a realistic assessment of common interests and differences, with a view to encouraging step-by-step expansion of cooperation in a climate of confidence-building and particular attention to fundamental human rights, foremost for the benefit of the peoples of Iran and the EU; supports, in this regard, the Commission’s commitment to a renewed engagement with Iran based on ‘a dialogue of the four Cs’: a dialogue that is comprehensive in scope; cooperative in the fields where Iran and the EU have mutual interests; critical, open and frank in areas where Iran and the EU disagree but are looking for common ground; and that is overall constructive in tone and practice;
Amendment 94 #
2015/2274(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises that differences exist between the EU and Iran on the use of the death penalty; nevertheless believes cooperation on anti-narcotics programmes and on the question of juvenile executions, in line with Iran’s own commitments, could provide a common agendastarting point for addressing this question; sees as a major objective within the political dialogue to reduce the application of death penalty;
Amendment 152 #
2015/2274(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes note of Iran’s stated objective of achieving a yearly growth rate of 8 %; believes that European investments are key for Iran to achieve this goal; stresses that for Iran to realise its economic potential, it will have to take steps to create a transparent economic environment conducive to international investment and take anti-corruption measures and eliminate risks of terrorist financing, particularly regarding compliance with the recommendations of the Financial Action Task Force; calls on the EU to fully support Iran’s efforts in this process via, in particular, support for work towards forging a bilateral investment treaty between the EU and Iran; calls for the EU to develop economic cooperation with Iran; takes note that Iran is the world’s largest economy outside the WTO; supports, in this regard, Iran’s bid to join the WTO;
Amendment 326 #
2015/2274(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that regional rivalries are an underlying factor in conflicts in several countries in the region; is very concerned with the rise of sectarian violence in the region and emphasises the need for a sustained and comprehensive diplomatic EU engagement to address the underlying dynamics of the conflict through long- term support for ethno-sectarian reconciliation; calls for active EU diplomacy to de-escalate tensions between Tehran and Riyadh, including confidence building, track II diplomacy and de- escalation measures in the normalisation of their relations; calls on the EU to work with the US and Russia to that end and, in particular, in supporting the development of a new regional security infrastructure that takes into account Iran and Saudi Arabia’s threat perceptions and legitimate security concerns and provides security guarantees both to Iran and the countries of the Gulf Cooperation Council; stresses that cooperation on maritime security in the Persian Gulf, including the signing of a charter on free navigation, could be a first confidence-building measure in developing regional trust and cooperation;
Amendment 147 #
2015/2272(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that a principaln objective should be to move towards voluntary joint defence forces and the framing of a common defence policy which will ultimately lead to a common defence. Supports, therefore,; Supports the drafting of a White paper on EU Defence, thereby updating the Helsinki Headline Goal from 1999;
Amendment 265 #
2015/2229(INI)
Motion for a resolution
Paragraph 53 m (new)
Paragraph 53 m (new)
53m. Reiterates its call from February 2014 to oppose the practice of extrajudicial targeted killings outside the framework of international law and to promote greater transparency and accountability in the use of armed drones with regard to the legal basis for their use; expresses in this regard its grave concern over the recently carried out British drone attack killing two British and one Belgian citizens extra judicially outside of the UK in Syria, where the UK is not at war, and even more so, over the UK Prime Minister's announced readiness to continue such operations without disclosing the legal framework, process for authorisation, factors considered or remit of the UK's new policy for use of armed drones and targeted killings; calls for the development of a policy response at both European and global level which upholds human rights and international humanitarian law and articulates the legal framework and application of the principles of proportionality, accountability, transparency, and the protection of civilians;
Amendment 99 #
2015/2132(BUD)
Motion for a resolution
Paragraph 67 c (new)
Paragraph 67 c (new)
67c. Stresses that Parliament and the Council must address the need for a roadmap to a single seat, as requested by the large majority of this Parliament in several resolutions, in order to create long term savings in the Union budget;
Amendment 7 #
2015/2116(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the interim report of the UN's Special Rapporteur on freedom of religion and belief submitted in accordance with General Assembly Resolution 68/170 on Freedom of religion and belief,
Amendment 39 #
2015/2116(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Employment Equality Directive covers only religion and belief, disability, age and sexuality, but Member States are also obliged under the Racial Equality Directive to combat discrimination based on race and ethnicity in employment;
Amendment 67 #
2015/2116(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that some groups with a religious minority background are particularly affected by discrimination on the basis of religion in employment, as documented by national and European research, in particular research conducted by the Fundamental Rights Agency;
Amendment 70 #
2015/2116(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that the most discriminated religious groups in the area of employment include Jews, Sikhs and Muslims (and especially women) according to studies; recommends the adoption of European frameworks for national strategies to combat anti- Semitism and Islamophobia;
Amendment 71 #
2015/2116(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Highlights that religion is sometimes used as a proxy for race when it comes to discrimination in employment, based on the real or perceived belonging of a person to a religion;
Amendment 72 #
2015/2116(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes the intersectionality between discrimination on religion and belief and race and ethnicity; calls on the Commission to ensure that Member States comply with the implementation of the Racial Equality Directive which prohibits discrimination on the grounds of race and ethnicity in employment;
Amendment 75 #
2015/2116(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the role played by the European Court of Human Rights, through its decisions in the interpretation and implementation of the Directive, and looks forward with interest to the future first decisions on this matter of the Court of Justice of the European Union (CJEU); expresses regrets in relation to the low number of cases referred to courts, which contrasts with the high number of discrimination visible in victimization surveys;
Amendment 84 #
2015/2116(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes, on the basis of case law available at EU and national level, that a duty of reasonable accommodation for all grounds of discrimination – including, therefore, religion and belief – should be laid down in EU and national law, provided that this does not impose a disproportionate burden on employers or service providers; recommends that national, regional and local authorities propose guidance for reasonable accommodation and to tackle exclusion of specific vulnerable groups;
Amendment 86 #
2015/2116(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that reasonable accommodation should be understood as necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to all persons have enjoyment or exercise of all human rights and fundamental freedoms on an equal basis with others;
Amendment 93 #
2015/2116(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that restrictions imposed by employers to the wearing of religious symbols are not always in line with international human rights standards, as they are not limited to well-defined and narrow circumstances or do not pursue a legitimate goal, and that States do not always take appropriate measures against such restrictions when they are not in line with international human rights standards; is concerned that some Member States have introduced general bans on religious symbols in the public space, in the name of neutrality and secularism, which have led to attempts to also extend such restrictions by the private sector;
Amendment 94 #
2015/2116(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that exclusion and discrimination against religious communities in the European Union creates a fertile ground for individuals in vulnerable situations to join extremist organisations that can be violent; considers a consistent application of anti- discrimination legislation as a crucial element of strategies to prevent radicalisation;
Amendment 234 #
2015/2116(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that lack of comparable equality data makes it more difficult to prove the existence of discrimination, particularly indirect discrimination; calls on the Member States to collect equality data in a systematic way and with the involvement of national equality bodies and national courts; notes that Directive 2000/43/EC already encourages Member States to do so, including in the area of employment; calls on the Commission to take initiatives to promote such data collection by means of a Recommendation to the Member States, and by ask Eurostat to consult with relevant groups with the aim to mainstream the disaggregation of data on all discrimination grounds for the indicators of the European Social Survey;
Amendment 248 #
2015/2116(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Highlights that the Directive mentions the disproportionate impact of multiple discrimination on women; recommends that national, regional and local authorities, law enforcement bodies, including labour inspectors, national equality bodies and civil society organisations, increase their monitoring of the intersectionality between gender and other grounds in cases of discrimination;
Amendment 255 #
2015/2116(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Calls for the adoption of the proposed 2008 Equal Treatment Directive which is still pending for approval by the Council; considers it a condition to secure a consolidated and coherent EU law framework against discrimination, also protecting from discrimination on the grounds of religion and belief, disability, age and sexual orientation outside of employment; notes that no undue restriction of the Directive's scope should be accepted; considers that the consolidation of the EU legislative framework on tackling hate crime is also a crucial element, taking into consideration that similar crimes are also prevalent in the work environment;
Amendment 265 #
2015/2116(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes that, considering the increasing xenophobia in Europe, refugees and migrants can be specifically affected by religious discrimination in their access to the labour market and encounter obstacles to participate fully in society, and that they may be deprived from full access to justice due to their residence status;
Amendment 277 #
2015/2116(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Highlights the need for anthe dissemination of relevant decisions of the CJEU and for exchange of national court decisions in line with CJEU case law pertaining to the provisions of the Employment Equality Directive, and for the dissemination of relevant decisions of the CJEU;
Amendment 285 #
2015/2116(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers it necessary that adequate training is provided for employees of national, regional and local authorities and law enforcement bodies;, including labour inspectors, believes that training for judges, prosecutors, lawyers and police force on non-discrimination legislation in employment and case-law is of critical importance, along with training on cultural understanding and unconscious bias provided by organisations representing the most discriminated groups;
Amendment 305 #
2015/2116(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission and Member States to use, and to make available for civil society organisations and equality bodies, all possible funds, including the Progress Fund, to facilitate awareness raising and education campaigns about discrimination in employment;
Amendment 8 #
2015/2114(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas regulating international arms trade is by definition a global ambition, with arms export control regime harmonisation at the centre the EU’s overall diplomatic ambition: promote democracy and the rule of law and preserve peace, prevent conflicts and strengthen international security; whereas the EU must ensure the consistency of its external activities as a whole in the context of its external relations, in accordance with the Treaty on European Union (TEU);
Amendment 17 #
2015/2114(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Common Position 2008/944/CFSP is a legally binding framework laying down eight criteria for the export of conventional arms that EU Member States apply to their licensing decisions; whereas however the decision to transfer or deny the transfer of any military technology or equipment remains at the national discretion of Member States; whereas there is no reporting system to verify Member States’ compliance with the eight criteria nor there are sanctions mechanisms in case of non-compliance;
Amendment 23 #
2015/2114(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is deeply concerned by the spread of violent conflicts in its neighbourhood, notably in Ukraine, Syria, Iraq and Libya, Libya and Yemen, and that much of this has been fuelled by arms transfers, including from EU Member States;
Amendment 29 #
2015/2114(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Finds regrettable, notwithstanding the numerous arms export control regimes, that developments in the last two years have shown that weapons often end up in the hands of repressive regimes, countries where children are known to be or may potentially be recruited or used in hostilities, armed groups and violent non- state actors, terrorists and criminals, and are used to fuel insecurity and armed conflicts internally and externally, or to support internal repression, regional conflicts and grave violations of human rights and fundamental freedoms;
Amendment 42 #
2015/2114(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that EU Member States are major global arms exporters, accounting for EUR 36.7 billion in exports in 2013, of which EUR 26.7 billion is to non-EU countries; considers that the defence industry should aim to primarily ensure defence and security of EU Member States; reiterates that Article 10 of the Common Position states that considerations of economic, commercial and industrial interests by Member States shall not affect the application of the eight criteria regulating arms exports; regrets however that this article is often overlooked, especially since European defence companies are increasingly compensating for their reduced turnover in Europe through extra-EU exports; is seriously concerned by the consequences for the security and defence of the EU caused by the transfer of sensitive knowledge and technology to third countries;
Amendment 47 #
2015/2104(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the European Union is leading the world leading power in four interrelated policy areas: trade, development, environment and human rights;
Amendment 81 #
2015/2104(INI)
Motion for a resolution
Recital T
Recital T
T. whereas the United Nations System covers all areas of cooperation, with the Security Council at its core for peace building, peace keeping and the prevention ofprimarily responsible for maintaining international peace and security threats, assisted in these regards by subsidiary and advisory bodies;
Amendment 95 #
2015/2104(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the EU and its Member States have a crucial role in promoting the principles and goals of the United Nations and in solving the common problems of mankind; whereas on the other hand Europe needs global partners in solving its own problems in areas like security, themigration, violent extremism, protection of the environment, immigration and solvingand financial instabilities;
Amendment 132 #
2015/2104(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that within the General Assembly the EU should play an enhanced role with enough visibility and policy leverage enabling it to better execute its international obligations, which is in line with General Assembly resolution A/65/276;
Amendment 145 #
2015/2104(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is convinced that the Security Council, whose composition is based on an outdated world order, must be reformed in order to reflect the new world geo´s new political and economic reality and to more effectively meet the present and future security challenges;
Amendment 263 #
2015/2104(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the view that the Sustainable Development Council should coordinate also the work of the World Bank Group, the International Monetary Fund and the World Trade Organisation, to ensure that their respective decisions are taken and actions are carried out in an accountable, efficient and coherent fashion; in the same spirit, is therefore of the opinion that the activities of the unofficial G-20 Group should be merged to those of this Council;
Amendment 2 #
2015/2063(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Believes strongly that the fight against terrorism can only be successful if a holistic approach is taken, addressing and tackling the root causes of radicalisation in Europe while ensuring that the common European foreign and security policies tackle terrorist threats and their causes around the world; calls on the EU to increase its activeness and effectiveness in conflict prevention and resolution;
Amendment 3 #
2015/2063(INI)
Draft opinion
Paragraph - 1 b (new)
Paragraph - 1 b (new)
-1b. Stresses that for counter-terrorism efforts to be effective, the ideological narrative underpinning the actions of the extremist groups should be challenged; calls on the EU to engage in dialogue and cooperate with non-violent Islamist movements, moderate Muslim leaders and representatives of civil society in that respect; encourages promoting inter-faith dialogue in individual countries, regions, within Europe and third countries and globally;
Amendment 34 #
2015/2063(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages the development of targeted and regularly upgraded security and counter-terrorism initiatives at Member State, EU and international level with a view to ensuring appropriate responses to emerging threats, including through working in partnership; encourages increasing its counter-terrorism cooperation with neighbouring countries and regional actors;
Amendment 44 #
2015/2063(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that there is no common global definition for terrorism; highlights that joint counter-terrorism efforts with third countries should not be a tool to stifle political opposition or target ethnic minorities; stresses that human rights must be at the core of the counter terrorism strategies and cooperation in order to ensure that the implementation does not undermine their purpose, which is to protect and maintain a democratic society;
Amendment 48 #
2015/2063(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that the root causes of terrorism can often be found in poor and non- inclusive governance; calls on the EU to increase its efforts in assisting to create stable societies and nation building in post conflict and fragile states, to enhance security and respect for the rule of law;
Amendment 49 #
2015/2063(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the EU to increase its cooperation with regional partners in order to curb arms trafficking, targeting in particular the countries where terrorism originates, and to follow closely the export of armaments that could be exploited by terrorists; calls also on strengthening foreign policy tools and engagement with third countries to counter financing of terrorist organisations;
Amendment 72 #
2015/2036(INI)
Motion for a resolution
Recital I
Recital I
I. whereas since the occupation by Russian forces, Crimea has been the scene of human rights abuses, affecting min particular Crimean Tatarority groups and opponents of Russian occupation; whereas fearing a repetition of history, thousands of Crimean Tatar families have already fled the peninsula seeking refuge in western Ukraine, Turkey and elsewhere; whereas those who have stayed, are under increasing pressure being reported on a near daily basis with cases of physical harassment, enforced disappearances, house raids, marking of doors, land expropriation, vandalisation of property, and accusation of involvement in extremist activities;
Amendment 75 #
2015/2036(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Firmly supports the non-recognition of the illegal and illegitimate referendum in Crimea, its outcome and Russia’s annexation of the Crimea; reiterates its commitment to the independence, territorial integrity and sovereignty of Ukraine and to the non-violabilityinfringement of borders; fully supports the European Council’s conclusions that the EU will not recognise the illegal annexation of Crimea and Sevastopol; emphasises the need for the EU and its Member States to speak with one united voice on EU relations with Russia;
Amendment 202 #
2015/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Condemns the appalling human rights violations, including the censorship of freedom of speech and the persecution of minorities; calls on Russia to respect the rights of the local population in Crimea, especially the native Crimean Tatars who are being particularly targeted, thousands of whom have left their homeland for fear of persecution and have sought refuge in other regions in Ukraine; expresses its solidarity with them and urges for an improvement of the situation and protection of human rights;
Amendment 213 #
2015/2036(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for investigations and for greater access for international human rights monitoring organisations into all cases of serious human rights abuses in Crimea; calls on the Ukrainian Government to use all means at its disposal to investigate and prosecute war crimes committed on its territory;
Amendment 433 #
2015/2002(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the need for an overarching political strategy to restore the European political order while ensuring full compliance with international law and commitments, as laid down in the Helsinki Final Act of 1975, based on respect for human rights, minority rights and fundamental freedoms, independence, sovereignty and the territorial integrity of states, and peaceful resolution of conflicts; based on these principles and UN Security Council resolutions; notes that the Organisation for Security and Co-operation in Europe (OSCE), as the biggest regional organisation responsible for security, can play an important role in this regard;
Amendment 479 #
2015/2002(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses the need to ensure the rights of internally displaced persons and refugees in the wider neighbourhood area who remain deprived of exercising their basic rights, such as to return their homes and places of origin in safety and with dignity;
Amendment 72 #
2015/0288(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In order to remain competitive on global markets, the Union needs to successfully answer the multiple challenges raised today by an increasingly technologically-driven economy. The Digital Single Market Strategy38 lays down a comprehensive framework facilitating the integration of the digital dimension into the Single Market. The first pillar of the Strategy tackles fragmentation in intra-EU trade by approaching all major obstacles to the development of cross-bordershould remove obstacles to cross-border economic activity that prevent the internal market from exploiting its full potential for growth and the creation of quality jobs and to meet the challenges of an increasingly technologically-driven e-commerce. _________________ 38nomy. COM(2015) 192 final.
Amendment 74 #
2015/0288(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU.
Amendment 75 #
2015/0288(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection and Article 47 of the Charter provides that everyone whose rights under Union law are violated shall have the right to an effective remedy. Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices.
Amendment 79 #
2015/0288(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital singleand well-functioning internal market, the harmonisation of certain aspects concerning contracts for sales of goods, taking as a base a high level of consumer protection, is necessaryjustifiable.
Amendment 82 #
2015/0288(COD)
Proposal for a directive
Recital 3
Recital 3
(3) E-commerce is the maina key driver for growth within the Digital Single Market. However its growth potential is far from being fully exploited. In order to strengthen Union competiveness and to boost growth, the Union needs to act swiftly and encourage economic actors to unleash the full potential offered by the Digital Single Market. The full potential of the Digital Single Market can only be unleashed if all market participants enjoy smooth access to the online sales of goods and are able to confidently to engage in e- commerce transactions. Contracts are an indispensable legal tool for most economic transactions. The contract law rules on the basis of which market participants conclude transactions are among the key factors shaping business’ decisions whether to offer goods online cross-border. Those rules also influence consumers’ willingness to embrace and trust this type of purchase.
Amendment 87 #
2015/0288(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) This Directive should guarantee a high level of consumer protection, to provide consumers with appropriate reassurance when they are wishing to enter into cross-border contracts. These rules should maintain or improve upon the level of protection that consumers enjoy at present under national or Union law.
Amendment 89 #
2015/0288(COD)
Proposal for a directive
Recital 5
Recital 5
(5) TheCertain Union rules applicable to the online and other distance sales of goods are still fragmented althoughhave already been harmonised, including rules on pre- contractual information requirements, the right of withdrawal and delivery conditions have already been fully harmonised. Other key contractual elements such as the conformity criteria, the remedies and modalities for their exercise for goods which do not conform to the contract are subject to minimum harmonisation inregulated at a minimum level by Directive 1999/44/EC of the European Parliament and of the Council39 . Member States have been allowed to go beyond the Union standards and introduce rules that ensure even higher level of consumer protection. Having done so, they have acted on different elements and to different extents. ThusIn practice therefore, national provisions transposing the Union legislation on consumer contract law significantly diverge today on essential elements of a sales contract, such as the absence or existence of a hierarchy of remedies, the period of the legal guarantee, the period of the reversal of the burden of proof, or the notification of the defect to the seller. _________________ 39 Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees OJ L 171, 7.7.1999, p.12.
Amendment 91 #
2015/0288(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Existing disparities may adversely affect businesses and consumers. Pursuant to Regulation (EC) No 593/2008 of the European Parliament and of the Council40 , businein relation to contract law in different Member States may adversely affect businesses and consumers, in addition to other key regulatory and non-regulatory issues directing activities to consumers in other Member Stasuch as tax laws, delivery network issues, payment systems need to take account of the mandatory consumer contract law rules of the consumer’s country of habitual residence. As these rules differ among Member States, businesses may be faced with additional costs. Consequently many businesses may prefer to continue trading domestically or only export to one or two Member States. That choice of minimising exposure to costs and risks associated with cross-border e-commerce resand language barriers. However, the main difficulties encountered by consumers and the main source of disputes with sellers concern the non-conformity of goods with the contract. It is therefore necessary to improve consumer confidence in the internal market by providing for a high level of consumer protection and a modernised legal regime for the sale of consumer goods and associated guarantees. Those rultes in lost opportunities of commercial expansion and economies of scale. Small and medium enterprises are in particular affected. _________________ 40 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) OJ L177, 4.7.2008, p.6may provide an appropriate legal framework whilst still allowing Member States flexibility in implementation to improve protection for consumers.
Amendment 94 #
2015/0288(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 104 #
2015/0288(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive should establish a set of clear common rules for the contractual rights of consumers when buying goods and help to provide a stable trading environment for sellers. This set of rules should recognise that consumers and sellers are not on an equal footing so that the legal framework must be just and fair to ensure a high level of consumer protection whilst still recognising the concerns of businesses, including small businesses.
Amendment 105 #
2015/0288(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8 b) The definition of consumer should cover natural persons who are acting outside their trade, business, craft or profession. However, in the case of dual- purpose contracts, where the contract is concluded for purposes partly within and partly outside natural person's trade, business, craft or profession and the trade or equivalent purpose and that purpose is so limited as not to be predominant in the overall context of the contract, that person should also be considered to be a consumer. In order to determine whether a natural person is acting fully or partly for purposes which come within that person's trade, business, craft or profession, the way in which the person in question has acted towards the other contracting party should be taken into account.
Amendment 107 #
2015/0288(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Fully harmonisedA clear framework of harmonisation for consumer contract law rules will make it easier for traders to offer their products in other Member States. Businesses will have reduced costs as they will no longer need to take account of different consumer mandatory rules. They will enjoy more legal certainty when selling at a distance to other Member States through a more stable contract law environment.
Amendment 113 #
2015/0288(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Increased competition among retailers is likely to result in wider choices at more competitive prices being offered to consumers. Consumers will benefit from a high level of consumer protection and welfare gains through targeted fully harmonised rules. This in turn would increase their trust in the cross-border commerce at a distance and in particular online. Consumers will more confidently buy at a distance cross- border knowing they would enjoy the same rights across the Union.
Amendment 117 #
2015/0288(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 124 #
2015/0288(COD)
Proposal for a directive
Recital 13
Recital 13
(13) This Directive should not apply to goods like DVDs and CDs incorporating digital content in such a way that the goods function only as a carrier of the digital content. However, this Directive should apply to digital contentdigital content or digital services integrated in goods such as household appliances, toys or stoyrage devices where the digital content is embedded in such a way that its functions are subordinate to the main functionalities of the goods and it operates as an integral part of the goods and cannot be uninstalled easily by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the goods.
Amendment 129 #
2015/0288(COD)
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should not affect contract laws of Member States in areas not regulated by this Directive. Member States should also be free to provide more detailed conditions in relation to aspects regulated in this Directive to the extent those are not fully harmonised by this Directive: this concerns limitation periods for exercising the consumers' rights, commercial guarantees, and the right of redress of the seller, and its implementation should under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of Union law.
Amendment 135 #
2015/0288(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Where referring to the same concepts, the rules of this Directive should be applied and interpreted in a manner consistent with the rules of Directive 1999/44/EC and, where relevant and appropriate, Directive 2011/83/EU of the European Parliament and of the Council41 as interpreted by the case law of the Court of Justice of the European Union. _________________ 41 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council OJ L 304, 22.11.2011, p.64.
Amendment 138 #
2015/0288(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to balance the requirement of legal certainty with an appropriate flexibility of theinterpretation of legal rules, any reference to what can be expected of or by a person in this Directive should be understood as a reference to what can reasonably be expected. The standard of reasonableness should be objectively ascertained, having regard to the nature and purpose of the contract, to the circumstances of the case and to the usages and practices of the parties involvedto a contract. In particular, the reasonable time for completing a repair or replacement should be objectively ascertained, having regard to the nature of the goods and the lack of conformity.
Amendment 141 #
2015/0288(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to provide clarity as to what a consumer can expect from the goods and what the seller would be liable for in case of failure to deliver what is expected, it is essential to fullyjustifiable to harmonise rules for determining the conformity with the contract. Applying a combination of subjective and objective criteria should safeguard legitimate interests of both parties to a sales contract. Conformity with the contract should be assessed by taking into account not only requirements which have actually been set in the contract - including in pre-contractual information which forms an integral part of the contract - but also certain objective requirements which constitute the standards normally expected for goods, in particular in terms of fitness for the purpose, durability, packaging, installation instructions and normal qualities and performance capabilities.
Amendment 143 #
2015/0288(COD)
Proposal for a directive
Recital 20
Recital 20
(20) A large number of consumer goods are intended to be installed before they can be usefully usedd in practice by the consumer. Therefore any lack of conformity resulting from an incorrect installation of the goods should be regarded as a lack of conformity with the contract where the installation was performed by the seller or under the seller's control, as well as where the goods were installed by the consumer but the incorrect installation is due to incorrect installation instructions.
Amendment 144 #
2015/0288(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Conformity should cover material defects as well as legal defects. Third party rights and other legal defects might effectivelyshould not bar the consumer from enjoying the goods in accordance with the contract when the right's holder rightfully compels the consumer to stop infringing those rights. Therefore the seller should ensure that the goods are free from any right of a third party, which precludes the consumer from enjoying the goods in accordance with the contract.
Amendment 148 #
2015/0288(COD)
Proposal for a directive
Recital 22
Recital 22
(22) While freedom of contract with regard to the criteria of conformity with the contract should be ensured, iIn order to avoid circumvention of the liability for lack of conformity and ensure a high level of consumer protection, any derogation from the mandatory rules on criteria of conformity and incorrect installation, which is detrimental to the interests of the consumer, shall not be valid only if the consumer has been expressly informed and has expressly consented to it when concluding the contract.
Amendment 151 #
2015/0288(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring longer durability of consumer goods is important for achieving more sustainable consumption patterns and a circular economy. Similarly, keeping non-compliant products out of the Union market by strengthening market surveillance and providing the right incentives to economic operators is essential to increase trust in the single market. For theose purposes, product specific Union legislation, such as Council Directive 85/374/EEC1a , is the most appropriate approach to introduce durability and other product related requirements in relation to specific types or groups of products, using for this purpose adapted criteria. This Directive should therefore be complementary to the objectives followed in this Union sector specific legislation. In so far as sproduct liability legislation. Specific durability information ishould be indicated in any pre- contractual statement which forms part of the sales contract, the consumwhich should be part of the criteria for conformity. Furthermore, sellers should be able to rely on them as a part of the criteria for conformityinform consumers about the availability of spare parts which are necessary for the use of the product. _________________ 1a Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ L 210, 7.8.1985, p. 29).
Amendment 154 #
2015/0288(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Considering that the seller is liable towards the consumer for any lack of conformity of the goods resulting from an act or omission of the seller or a third party, it is justified that the seller should be able to pursue remedies against the responsible person in earlier links of the chain of transactions.
Amendment 155 #
2015/0288(COD)
Proposal for a directive
Recital 23 b (new)
Recital 23 b (new)
(23 b) The Commission considered in its Green Paper on Guarantees for Consumer Goods1a that in modern societies the confidence of consumers is bound with their faith in the manufacturers; Directive 1999/44/EC envisages more far-reaching provisions on producers' liability, in particular by providing for producers' direct liability for non-conformity for which they are responsible. _________________ 1a OJ C 338, 15.12.1993.
Amendment 156 #
2015/0288(COD)
Proposal for a directive
Recital 23 c (new)
Recital 23 c (new)
(23 c) The liability of producers in these circumstances should be construed as deriving from a clause enforceable against the producer as a contractual guarantee, a breach of which would trigger a claim for damages for non- conformity. For the purposes of this approach, this Directive should include an appropriate definition of 'producer’.
Amendment 157 #
2015/0288(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Enhancing legal certainty for both consumers and sellers requires a clear indication of the time when the conformity of the goods to the contracts should be assessed, subject to national rules on the commencement of prescription periods in exceptional cases. In order to ensure coherence between the present Directive and Directive 2011/83/EU it is appropriate in general to indicate the time of the passing of risk as the time for assessing the conformity of the goods. However, in cases where the goods need to be installed, that relevant time should be adapted.
Amendment 160 #
2015/0288(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to allow businesses to rely on a single set of rules across the Union, it is necessary to fully and to provide a high level of consumer protection, it is justified to harmonise the period of time during which the burden of proof for the lack of conformity is reversed in favour of the consumer. Within the first two years, in addition to a short-term right to reject goods, in order to benefit from the presumption of lack of conformity, the consumer should only establish that the good is not conforming, without needing to demonstrate that the lack of conformity actually existed at the relevant time for establishing conformity. In addition, in order to increase legal certainty in relation to the available remedies for lack of conformity with the contract and in order to eliminate one of the major obstacles inhibiting the Digital Single Market, a fully harmonised order in which remedies can be exercised should be provided for. In particular, the consumer should enjoy a choice between repair or replacement as a first remedy which should help in maintaining the contractual relation and mutual trust. Moreover, enabling consumers to require repair should encourage a sustainable consumption and could contribute to a greater durability of products, the principle of free choice of remedies should be harmonised.
Amendment 167 #
2015/0288(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 179 #
2015/0288(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Considering that the right to terminate the contract due to the lack of conformity is an important remedy applicable where repair or replacement are not feasible or have failed, the consumer should also enjoy the right to terminate the contract in cases where the lack of conformity is minor. This would provide a strong incentive to remedy all cases of a lack of conformity at an early stage. In order to make the right to terminate effective for consumers, in situations where the consumer acquires multiple goods, some being an accessory to or acquired in conjunction with the main item which the consumer would not have acquired without the main item, and the lack of conformity impacts that main item, the consumer should have the right to terminate the contract also in relation to the accessory or additional elements, even if the latter are in conformity with the contract.
Amendment 182 #
2015/0288(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to ensure the effectiveness of the right to terminate for consumers while avoiding the consumer's unjustified enrichment, the consumer's obligation to pay for the decrease of the value of the goods should be limited to those situations where the decrease exceeds normal use, and where it is possible to take a proportionate approach. In any case the consumer should not be obliged to pay more than the price agreed for the goods. In situations where the return of the goods is impossible due to their destruction or loss, the consumer should pay the monetary value of the goods which were destroyed. However, the consumer should not be obliged to pay the monetary value where the destruction or loss is caused by the lack of conformity of the goods with the contract.
Amendment 188 #
2015/0288(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessaryjustified to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods, subject to national rules on which the prescription period starts to run. Considering that the large majority of Member States have foreseen a two-year period when implementing Directive 1999/44 and in practice this is considered by market participants as a reasonable period, this period should be maintained.
Amendment 190 #
2015/0288(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 193 #
2015/0288(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 194 #
2015/0288(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Persons or organisations regarded under national law as having a legitimate interest in protecting consumer contractual rights should be afforded the right to initiate proceedings, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings. It is also important that Member States continue to be mindful of the need for consumers to be informed about, enabled and facilitated to enforce their rights in practice, including through claiming remedies collectively where appropriate.
Amendment 195 #
2015/0288(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) In the light of the significance of the issues and rights addressed in this Directive for the internal market and for consumers and citizens of the Union, this Directive should be subject to close scrutiny and review, to include meaningful and detailed consultation and involvement with Member States and consumer, legal and business organisations at Union level.
Amendment 198 #
2015/0288(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Since the objectives of this Directive, namely to contribute to the functioning of the internal market by tackling in a consistent manner contract law-related obstacles for the online and other distance sales of goodimprove the conditions for the establishment and the functioning of the internal market, to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 201 #
2015/0288(COD)
Proposal for a directive
Recital 43
Recital 43
Amendment 202 #
2015/0288(COD)
Proposal for a directive
Article 1 – title
Article 1 – title
Subject matter and scope, scope and objectives
Amendment 208 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Directive aims to improve the conditions for the establishment and the functioning of the internal market, to ensure a high level of consumer protection and confidence and to help provide a level playing field for traders.
Amendment 213 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall not apply to any durable medium incorporating digital content where the durable medium has been used exclusively as a carrier for the supply of the digital content to the consumergoods in which digital content or digital services are embedded unless the seller or producer proves that the lack of conformity lies in the hardware of the goods, nor to tangible media the main function of which is to carry digital content.
Amendment 218 #
2015/0288(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. In so far as not regulated therein, tThis Directive shall not affect national general contract laws such as rules on the formation, the validity or effects of contracts, prescription periods, including the consequences of the termination of a contract.
Amendment 221 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘'consumer’' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession; where the contract is concluded for a purpose which is partly within and partly outside that natural person's trade, business, craft or profession or an equivalent purpose and that purpose is so limited as not to be predominant in the overall context of the contract, that person shall also be considered to be a consumer;
Amendment 222 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘seller’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf or as an intermediary for a natural person, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive;
Amendment 223 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) 'producer', in relation to goods, means the manufacturer of a finished product, the producer of any raw material or the manufacturer of a component part and any person who, by putting his name, trade mark or other distinguishing feature on the product, holds himself out to be its producer;
Amendment 226 #
2015/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) 'embedded digital content or digital service' means pre-installed digital content, or an inherent digital service, which operates as an integral part of the goods and cannot be easily uninstalled by the consumer or which is necessary for the conformity of the goods with the contract;
Amendment 237 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall not maintain or introduce provisions diverging from those laid down in this Directive including more or less stringent provisions to ensure a different level of consumer protection. may adopt or maintain in force more stringent provisions than those laid down in this Directive for the protection of consumers, and the implementation of this Directive shall under no circumstances constitute grounds for the reduction of protection for consumers in fields covered by the scope of Union law.
Amendment 240 #
2015/0288(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
This Directive shall be without prejudice to general substantive and procedural rights which consumers may invoke under national laws governing contractual or non-contractual liability.
Amendment 242 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) be ofpossess the quantity, quality of and description required by the contract, which includes that where the seller shows acorrespond to the description of the sample or model thereof; where a contract is concluded by reference to a sample or model of the goods that is seen or examined by the consumer before the contract is concluded, the goods shall: (i) match the sample or a model to the consumer, the goods shall possesexcept to the extent that any differences between the sample or model and the goods are brought to the consumer's attention before the contract is concluded; and (ii) be free from any defect that renders their quality of and correspond to the descripunsatisfactory and that would not be apparent on a reasonable examination of thise sample or model;
Amendment 246 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the time of the conclusion of the contract and which the seller has accepted; and
Amendment 250 #
2015/0288(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Any agreement excluding, derogating from or varying the effects of Articles 5 and 6 to the detriment of the consumer is valid only if, at the time of the conclusion of the contract, the consumer knew of the specific condition of the goods and the consumer has expressly accepted this specific condition when concluding the contractshall be invalid.
Amendment 255 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The goods shall, where relevantapplicable:
Amendment 258 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – introductory part
Article 5 – paragraph 1 – point c – introductory part
(c) possess qualities, durability and performance capabilities which are normal in goods of the same type, including in relation to appearance, safety and freedom from all defects, which are satisfactory and which the consumer maycan expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in earlier links of the chain of transactions, including the producer, unless the seller shows that:
Amendment 262 #
2015/0288(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point ii
Article 5 – paragraph 1 – point c – point ii
(ii) by the time of conclusion of the contract the statement had been corrected and the consumer could not reasonably have been unaware of that correction; or
Amendment 265 #
2015/0288(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5 a Pre-contractual information Where the provisions of Directive 2011/83/EU require the seller to provide information to the consumer before the contract becomes binding, any of that information that was provided by the seller other than information about the main characteristics of goods shall be deemed to be included as a term of the contract.
Amendment 274 #
2015/0288(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In cases where the goods were installed by the seller or under the seller’s responsibility, the time when the installation is complete shall be considered as the time when the consumer has acquired the physical possession of the goods. In a case where the goods were intended to be installed by the consumer, the time when the consumer had reasonable time for the installation, but in any caseeing not later than 30 days after the time indicated in paragraph 1, shall be considered as the time when the consumer has acquired the physical possession of the goods, save where the complexity of the installation requires a longer time.
Amendment 288 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the case of a lack of conformity with the contract, the consumer shall be entitled to havechoose any of the following remedies: (a) having the goods brought into conformity by the seller, free of charge, by repair or replacement in accordance with Article 11; (b) being granted a proportionate price reduction in accordance with Article 12; (c) terminating the contract in accordance with Article 13.
Amendment 290 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A repair or replacement shall be completed within a reasonable time, and in any case within 30 days from the moment the seller has acquired physical possession of the goods, and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required the goods.
Amendment 295 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 312 #
2015/0288(COD)
Proposal for a directive
Article 9 – paragraph 5 a (new)
Article 9 – paragraph 5 a (new)
5 a. This Article does not preclude the consumer from seeking any national remedies which may also be available. Those national remedies may apply: (a) in addition to the remedies provided for by this Article, but not so as to allow the consumer to recover twice for the same loss; or (b) instead of the remedies provided for by this Article; or (c) where no such remedy is provided for by this Article.
Amendment 315 #
2015/0288(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Where the seller remedies the lack of conformity with the contract by replacement, the seller shall take back the replaced goods at the seller's expense unless the parties have agreed otherwise after the lack of conformity with the contract has been brought to the seller's attention by the consumer.
Amendment 331 #
2015/0288(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
The reduction of price shall be proportionate toappropriate and reasonable, and, where possible, proportionate taking into account the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if in conformity with the contract.
Amendment 341 #
2015/0288(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Where the lack of conformity with the contract relates to only some of the goods delivered under the contract and there is a ground for termination of a contract pursuant to Article 9, the consumer may terminate the contract only in relation to those goods and any other goods, which the consumer acquired as an accessory to or in conjunction with the non-conforming goods.
Amendment 358 #
2015/0288(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Short-term right to reject Without prejudice to any other rights under this Directive or otherwise, the consumer shall have a right to reject goods for non-conformity with the contract by returning them within 30 days of receipt.
Amendment 363 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 or from the date on which the applicable prescription period starts to run, whichever is the later. After two years from that date, the consumer may still be entitled to a remedy for lack of conformity to the extent that he or she can establish that any fault which develops was inherent in the goods at the time of purchase. If, under national legislation, remedies for the lack of conformity with the contract under this Directive are subject to a limitaprescription period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract.
Amendment 385 #
2015/0288(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Commercial guarantees for lifespan 1. The producer of technical or other durable goods shall indicate to the seller and the consumer the lifespan of the goods. The indicated timeframe shall reflect the reasonable expectations of the consumer and shall not be shorter than two years unless justified by the particular nature of the goods concerned. 2. Where goods do not conform to their lifespan as specified in accordance with paragraph 1, this shall be construed as a breach enforceable by the consumer directly against the producer as a contractual guarantee, which may give rise to remedies for non-conformity.
Amendment 389 #
2015/0288(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the seller may pursue remedies, and the relevant actions and conditions of exercise, shall be determined by national law. However, the seller shall be entitled to pursue remedies for at least the duration of the legal guarantee period, and the period during which a presumption exists that any lack of conformity with the contract already existed at the time indicated in Article 8(1) and (2) shall be no shorter than as provided for in Article 8(3).
Amendment 394 #
2015/0288(COD)
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Information requirement on spare parts and accessories The seller shall inform the consumer in a clear and intelligible manner of the existence of any spare parts or accessories available on the market and necessary for the use of the goods sold.
Amendment 395 #
Amendment 396 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, taking account in particular of the need for consumers to be informed about their rights and enabled and facilitated to enforce those rights in practice. Such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate.
Amendment 397 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies,representative bodies, under justified and appropriate criteria as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are applied. Such bodies shall include but shall not be limited to:
Amendment 398 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) public bodies or their representatives; and
Amendment 399 #
2015/0288(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) consumer organisations having a legitimate interest in protecting consumers; and
Amendment 400 #
2015/0288(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Any contractual agreement which, to the detriment of the consumer, excludes the application of national measures transposing this Directive, derogates from them or varies their effect before the lack of conformity with the contract of the goods is brought to the seller's attention by the consumer shall not be binding on the consumer unless parties to the contract exclude, derogate from or vary the effects of the requirements of Articles 5 and 6 in accordance with Article 4 (3).
Amendment 409 #
2015/0288(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20 a Review 1. The Commission shall keep the application and implementation of this Directive under close scrutiny and review. This process shall include meaningful and detailed consultation and involvement of the Member States and of consumer, legal and business organisations at Union level. 2. No later than (...), the Commission shall submit a report to the European Parliament and to the Council taking full account of the process of scrutiny and review referred to in paragraph 1. That report shall include, inter alia, a detailed analysis of the impact of provisions of this Directive on the burden of proof in Member States.
Amendment 150 #
2015/0287(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to allow businesses and consumers to rely upon clear rules across the Union reflecting good customer- focused commercial practice, without prejudice to any other rights under this Directive or otherwise, the consumer should have a right to reject digital content or services for non-conformity by returning them to the relevant supplier or unsubscribing as applicable.
Amendment 172 #
2015/0287(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Considering that the seller is liable towards the consumer for any lack of conformity of the digital content or service resulting from an act or omission of the seller or a third party it is justified that the seller should be able to pursue remedies against the responsible person earlier in the chain of transactions.
Amendment 173 #
2015/0287(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12 b) The European Commission considered in its Green Paper on Guarantees for Consumer Goods1a that in modern societies the confidence of consumers is bound with their faith in the manufacturers; Directive 1999/44/EC envisages more far-reaching provisions on producers' liability, notably by providing for producers' direct liability for non-conformity for which they are responsible. _________________ 1a OJ C 338, 15.12.1993.
Amendment 427 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. 'interoperability' means the acompatibility of the digital content to perform all its functionalities in interaction with a concrete digital environment;and its functions with a standard hardware and software environment other than the one in which it is supplied including the fact that consumers can access digital content without having to use applications or other technologies to convert the content they want to have access to.
Amendment 578 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) wThether the digital content is supplied in exchange for a price or other cou interoperability that the consumer may reasonably expect from an electronic file supplied for an unlimited period of time requires, whatever the provisions of the contract may be, that this electronic file shall be supplied in an open format only. The supplier of such a file which uses proprietary technological protection measures shall make available to other suppliers of files or digital services which so request, the information which is necessary for the purpose of inter-operformance than money;ability. It shall not impose other hardware or software limitations preventing the access and use to a file in a digital environment other than the one in which it has been supplied, meaning that consumers can access digital content without having to use applications or other technologies to convert the content they want to have access to.
Amendment 782 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Without prejudice to any other rights under this Directive or otherwise, the consumer has a right to reject digital content or services for non-conformity by returning them to the relevant supplier or unsubscribing as applicable.
Amendment 968 #
2015/0287(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the seller may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law. However, the seller shall be entitled to pursue remedies for at least the duration of the legal guarantee period, and the reversal of the burden of proof shall be no shorter than as provided for in Article 9 .
Amendment 121 #
2015/0281(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Terrorist financing should be punishable in the Member States and cover the financing of terrorist acts, the financing of a terrorist group, as well as other offences related to terrorist activities, such as the recruitment and training, or travel for terrorist purposes, with a view to disrupting the support structures facilitating the commission of terrorist offences. Aiding and abetting or attempting terrorist financing should also be punishable. Sanctions should be reviewed by an independent oversight body and any sanctions should be linked to a specific criminal offence, to avoid arbitrary decisions on the basis of national, religious, ethnical, or racial criteria.
Amendment 150 #
2015/0281(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) In order to prevent and combat terrorism, a closer cross-border cooperation among the competent national and European authorities is needed with regard to expedient exchange of any relevant information from criminal records or other available sources and in particular on individuals who are or have been subject to criminal proceedings or asset freezing.
Amendment 179 #
2015/0281(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Punitive sanctions should be complemented by long-term policies to prevent the radicalisation and recruitment of citizens of the Union by terrorist organisations. Strategies on social inclusion, education, employment and housing and policies tackling discrimination and exclusion to stop vulnerable individuals joining violent extremist organisations are crucial to countering terrorism. Member States should also share good practices on the setting-up of de-radicalisation structures to prevent citizens of the Union and third- country nationals legally residing in the Union from leaving the Union or to control their return to it and their judicial approach in this regard notably through Eurojust. They should share such good practices not only among each other but also with third countries which have already acquired experience and achieved positive results in this area.
Amendment 404 #
2015/0281(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Amendment 412 #
2015/0281(COD)
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Amendment 436 #
2015/0281(COD)
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. The Commission shall regularly assess the implementation of the Directive with regard to any potential disproportionate impact on groups of the population and remedial procedures to correct discriminatory practices and report their findings to the European Parliament and Council.
Amendment 891 #
2014/2248(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Reiterates its commitment to initiating an ordinary treaty revision procedure under Article 48 TEU with a view to proposing the changes to Article 341 TEU and Protocol 6 necessary to allow Parliament to decide on the location of its seat and its internal organisation;
Amendment 901 #
2014/2248(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Reiterates its call for a single seat for the European Parliament; proposes that Parliament and the Council each decide the location of their own seat after having obtained the consent of the other; further proposes that the seats of all the other EU institutions, agencies and bodies be determined by Parliament and the Council on a proposal by the European executive, acting in accordance with a special legislative procedure;
Amendment 10 #
2014/2230(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that more than 13 years of western intervention with numerous casualties (10 548 killed and wounded civilians in 2014 alone) have made it painfully clear that no military solution is possible in Afghanistan; stresses that the Western military presence, and especially its offensive operations, are part of the conflict and not a solution to itthe country has been locked in a cycle of violence and that the lives of millions of Afghans have been devastated by over three decades of conflict; notes that the outside intervention have made it painfully clear that no military solution is possible in Afghanistan;
Amendment 27 #
2014/2230(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for a break in the vicious circle of violence so that peace may be achieved; calls, therefore, on the EU, NATO and the US to withdraw all military troops; urges all foreign parties immediately to cease all civil-military cooperation since such an approach cnotes that the International Security Assistance Force (ISAF) was replaced by reduced US and NATO forces; stresses that these missions should be aimed at providing training, advice and assistance to the Afghan security forces and imply a risk for aid organisations and civil societynstitutions within a framework that guarantees a smooth transition of responsibility to the Afghan security forces;
Amendment 35 #
2014/2230(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 63 #
2014/2230(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. CUnderlines that a political transition that features genuine reconciliation efforts is needed, otherwise the security transition is unlikely to succeed; calls on the EU to support the Afghan Government in its pursuit of a comprehensive and inclusive, Afghan-led and Afghan-owned peace and reconciliation process, actively including the whole range of civil society and all conflict parties, including – following a ceasefire – combatant, insurgent and militia groups, as no lasting solution to the conflict can otherwise be achieved; stresses that there will be no peace in Afghanistan, or the region, without the full participation of Pashtuns in the process; calls on their more constructive engagement in the negotiations; calls on the EU actively to support an Afghan-led disarmament, demobilisation and reintegration into society (DDR) of former insurgents;
Amendment 72 #
2014/2230(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. CNotes the extension of the EUPOL Afghanistan mission until the end of 2016; points out that the Afghan National Police force remains in a dire state because of high rates of attrition and illiteracy, and corruption; recognises that, while the mission has had some successes, it does not deliver to its full potential; calls therefore on the EU to address urgently shortcomings of the mission, with the cooperation of the Afghan government and NATO; calls for the transformation of EUPOL Afghanistan into a support mission for an Afghan-led DDR process, i.a. with the goals of demobilising the various militias and reducing the total number of ANSF personnel as far and as fast as possible; calls on the EU and on NATO to support and adequately fund efforts for demining Afghanistan;
Amendment 85 #
2014/2230(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses concern about geopolitical competition over influence in Afghanistan after the withdrawal of ISAF combat troops; condemns using Afghanistan to interfere in other neighbouring countries and calls instead to cooperate with the government of Afghanistan for the peace in the region; Stresses the need for inclusive regional cooperation with the objective of promoting long-term peace, stability and security in the wider region; promotes a new approach towards the security situation in Afghanistan and its neighbours in the form of a multilateral forum for dialogue and negotiation between the countries and regions concerned, covering issues and commitments on politico- security, social, economic, environmental and human rights issues; stresses that this forum could signal a new and constructive approach of ownership, self-determination and the behaviour of states towards their citizens, as well as towards each other; emphasises that this forum should be initiated in cooperation with the Organisation of the Islamic Conference and the UN;
Amendment 87 #
2014/2230(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the need for regional cooperation in the fight against terrorism; highlights the importance of the cooperation with Pakistan and encourages to continue on the path of improved relations and military cooperation between Kabul and Islamabad;
Amendment 142 #
2014/2230(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is critical of the fact that a large portion of the aid provided through various funding channels does not serve the needs of the Afghan people, and that project funding is often not guided by social but by military considerations; urges the EU to use all allocated aid strictly for development, not for security purposes, and to encourage its allies to follow suiNotes that the period of transition brings a great deal of uncertainty about the nature of international aid and the ability of the Afghan state and economy to meet its financing needs; is also critical of the fact that a large portion of the aid provided through various funding channels does not serve the needs of the Afghan people; calls on the EU and other international donors to draw on existing frameworks to create a comprehensive plan that provides targeted, strategic investments in effective community-based programmes aligning humanitarian, development and peace-building assistance; urges donors to strengthen accountability and transparency to reduce the risk of international investments fuelling corruption and conflict;
Amendment 125 #
2014/2229(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the involvement of the countries of the Arab Peninsula in the international coalition against ISIS; urges their governments to redouble their efforts to prevent the financing of international terrorism, for example through including increased surveillance of waqfs and private donors; stresses the urgent need to introduce an efficient system of penalties coordinated with the LAS so as to put an end to ISIS financing by the Arab worldinternational actors; stresses also the urgent need for a decryption system to deal with clandestine oil sales by ISIS;
Amendment 153 #
2014/2229(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses also the importance of regional dialogue with Turkey and Iran; stresses the need to reintegrate Iran into the international community, once it has provided definitive assurances and cast- iron guarantees of its intention to develop nuclear energy for civilian purposes only, and to insist on the country's non- interference in internal affairs of the neighbouring countries;
Amendment 166 #
2014/2229(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls the need to put in place the conditionIs deeply concerned by the stalemate in the dialogue and the mounting tensions between Israelis and Palestinians; urges for a resumption of peace talks between Israel and the Palestinian Authority for a lasting settlement of the conflict based on a solution enabling both countries to live side by side in peace and security and for serious and credible efforts by the both sides, the EU and international community in achieving this; welcomes the 2002 peace initiatives and calls on the LAS countries to put them into effect; calls on international donors to honour the commitments made by them at the Cairo Conference of October 2014;
Amendment 223 #
2014/2229(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need for the Iraqi Government to continue to promote the sharing of political responsibilities, power and oil profits, encompassing all religious and ethnic communities in that country; calls for this to be made an essential condition for implementation of the Partnership and Cooperation Agreement between the EU and Iraq; welcomes the agreement reached by the government of Iraq and the Kurdistan Regional Government of Iraq and urges its full implementation; stresses the importance and encourages further enhancement of cooperation between Baghdad and Erbil, for the security and economic prosperity in the region; calls on the EU to contribute to capacity building by the Iraqi Government;
Amendment 56 #
2014/2219(INI)
Motion for a resolution
Paragraph 3 – indent 4 a (new)
Paragraph 3 – indent 4 a (new)
- strengthening the EU's role in promoting and building democracy worldwide, and
Amendment 372 #
2014/2219(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Takes the view that the criminal activities and barbaric violence by terrorist jihadists engaged in and associated with the so-called Islamic State (IS) groups represent a major threat to the wider Middle East and North Africa (MENA) region, and potentially to global peace and stability; supports the global coalition against IS and its efforts to combat IS militarily, and welcomes the contributions of EU Member States in this context; urges the stepping-up of resolute global regulatory pressure to deprive jihadists of oil revenues and to apply strict global sanctions against financial transactions in their favour; points to the urgent need to systematically disable jihadists from using the internet for propaganda; insist on the need to step up international cooperation focused on preventing extremists from traveling to Syria and Iraq to join the jihadist fight;
Amendment 4 #
2014/0197(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Regulation (EC) No 1215/2009 does not provide any possibility to temporarily suspend the grant of exceptional trade measures in case of serious and systematic violations of the fundamental principles of human rights, democracy andand labour rights or those related to the environment, democracy, good governance or the rule of law by its beneficiaries. It is appropriate to introduce such possibility, so as to ensure that swift action can be taken in case serious and systematic violations of the fundamental principles of human rights, democracy andprinciples laid down in relevant international conventions concerning core human rights and labour rights or those related to the environment, democracy, good governance or the rule of law would occur in one of the countries and territories participating in or linked to the European Union's Stabilisation and Association process. Respect for democratic principles, the rule of law, human rights and the protection of minorities are required to achieve progress in the accession process.
Amendment 6 #
2014/0197(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) However, Bosnia and Herzegovina has not yet accepted to adapt trade concessions granted under the Interim Agreement in order to take into account the preferential traditional trade between Croatia and Bosnia and Herzegovina under the Central European Free Trade Agreement (CEFTA). In case, by the time of the adoption of this Regulation, an agreement on the adaptation of the trade concessions set out in the Stabilisation and Association Agreement and in the Interim Agreement has not been signed and provisionally applied by European Union and Bosnia and Herzegovina, the preferences granted to Bosnia and Herzegovina should be suspended as from 1 January 2016. Once Bosnia-Herzegovina and the European Union will have signed and provisionally applied an agreement on the adaptation of trade concessions in the Interim Agreement, those preferences should be re- established. In order to respond to unpredictable and serious circumstances the Council should have the possibility to decide on cancelling the suspension,
Amendment 11 #
2014/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) 2009/1215
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) the abstention of the countries and territories referred to in Article 1 from engaging in serious and systematic violations of human rights, including core labour rightand labour rights, core environmental standards, fundamental principles of democracy, good governance and the rule of law.
Amendment 12 #
2014/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) 2009/1215
Article 10 – paragraph 2 (new)
Article 10 – paragraph 2 (new)
(1a) In Article 10, the following paragraph is added: (2) The reasons for temporary suspension of the exceptional trade measures shall include serious and systematic violations of the principles laid down in relevant international conventions concerning core human rights and labour rights or those related to the environment or good governance, so as to promote the objectives of these conventions and help the countries in their efforts to meet the Copenhagen criteria and align with the Community acquis.
Amendment 15 #
2014/0197(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Notwithstanding Article 2, the application of Regulation (EC) No 1215/2009 with regard to Bosnia and Herzegovina shall not be suspended if, before 1 January 2016, the European Union and Bosnia and Herzegovina sign and apply provisionally an agreement on the adaptation of the Stabilisation and Association Agreement and the Interim Agreement to take into account the accession of Croatia to the European Union, or if the Council decides so, by qualified majority, in order to respond to unpredictable and serious circumstances.
Amendment 16 #
2014/0197(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In the event that the agreement referred to in paragraph 1 is not signed and applied provisionally before 1 January 2016, Regulation (EC) No 2115/2009 shall be applicable again with regard to Bosnia and Herzegovina from the date on which such agreement is signed and applied provisionally, or if the Council decides so, by qualified majority, in order to respond to unpredictable and serious circumstances.