908 Amendments of Jiří POSPÍŠIL
Amendment 3 #
2023/2113(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the importance attached to justice systems by the rule of law reporting, particularly as regards the legality, independence and impartiality of judges and judicial appointments, promotions, dismissals and decisions; acknowledges that no common EU system of nomination of judges exists; recalls, however, that all Member States have to adhere to Council of Europe4 and CJEU5 minimum standards; stresses, in this context, the importance of independent councils of the judiciary, which must be composed by a substantial majority of judges elected by their peers and empowered with substantial authority over the selection, advancement and disciplinary procedures concerning judges; deeply regrets that not all Member States have fulfilled their obligations fully in this regard; deplores the devastating effect this has on the independence and integrity of their justice systems; _________________ 4 Briefing – ‘Council of Europe standards on judicial independence’, European Parliament, Directorate-General for Parliamentary Research Services, 25 May 2021. 5 For example, Judgment of the Court of Justice (Grand Chamber) of 27 February 2018 in Case C-64/16, Associação Sindical dos Juízes Portugueses v Tribunal de Contas, ECLI:EU:C:2018:117, or Judgment of the Court of Justice (Grand Chamber) of 19 November 2019, A.K. v Krajowa Rada Sądownictwa, Joined Cases C-585/18, C-624/18 and C-625/18, ECLI:EU:C:2019:982. See also Briefing – ‘European Court of Justice case law on judicial independence’, European Parliament. Directorate-General for Parliamentary Research Services, 19 July 2021.
Amendment 6 #
2023/2113(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Urges the Commission to persist in its diligent monitoring of Member States’ legal frameworks in order to assess their alignment with the above-mentioned recommendations, and further calls on the Commission to become more insistent on the implementation of these critical reforms in cases where Member States’ systems do not meet the prescribed standards; calls on the Commission to take further steps to address in full the recommendations made by Parliament in its previous resolutions;
Amendment 7 #
2023/2113(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Welcomes the continuous support which is provided to relevant stakeholders via dedicated programmes, such as Citizens, Equality, Rights and Values programme; welcomes the funding via Justice programme to support judicial cooperation in civil and criminal matters and to contribute to the further development of the European area of justice, which is strengthening democracy, rule of law and fundamental rights;
Amendment 8 #
2023/2113(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Urges the Commission to invest more into awareness-raising about the Union values and applicable tools, including the annual report, especially in those countries where there are serious concerns;
Amendment 15 #
2023/2113(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Recalls its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the Union where the European Parliament called on Commission to propose a package of both soft and hard law to address the increasing number of strategic lawsuits against public participation or SLAPPs; welcomes the Commission legislative proposal and recommendation to Member States of 27 April 2022 addressing the EP's call in this respect; stresses that SLAPPs are a particular form of harassment used primarily against journalists to prevent or penalise speaking up on matters of public interest by subjecting them to lengthy, burdensome and expensive lawsuits; calls on the Member States to keep up with the ambitions in the proposed measures and step up efforts to improve the safety and protection of journalists.
Amendment 93 #
2023/0315(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The cross-border element of an ECBA is central. Therefore, an ECBA should carry out or have in its statutes the objective to carry out or have in its statutes the objective to carry out at least part of its activities across borders at least part of its activities across borders in the Union, in at least two Member States, and have founding members with links to at least two Member States, either based on citizenship or residence in the case of natural persons, or based on the location of their registered office in the case of legal entities.
Amendment 101 #
2023/0315(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of creditors, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be approprinecessary and proportionate for ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objective.
Amendment 112 #
2023/0315(COD)
Proposal for a directive
Recital 39
Recital 39
(39) To prevent fraud, it is important that Member States verify the identity of the founding members and the legal representatives of the ECBA. The verification of identity is particularly important if the application for registration is conducted electronically. Due to the variety of different practices in Member States, the specific methods of verifying identity should remain in the prerogative of the Member State concerned.
Amendment 114 #
2023/0315(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In compliance with the freedom of assembly and of association, an ECBA should be dissolved only by decision of its members or by a decision of the competent authority of the home Member State. Where the dissolution of an ECBA is the result of a decision of its members, it should be taken by two-thirds of the votes representing at least half of the total of the members during an extraordinary meeting. The dissolution of an ECBA may be involuntary by decision of the competent authority of the home Member State of the ECBA, as a last resort, only where an ECBA does not respect its non- profit purpose, where its activities constitute a threat to public order, or where the members of the executive body of an ECBA have been convicted of a particularly serious criminal offence or the ECBA itself has been convicted of a criminal offence, if national law allows for this possibility. Such a decision should be preceded by a risk assessment in line with standards of necessity and proportionality. In this case, the competent authority should communicate to the ECBA a formal notice of its concerns and hear the ECBA in order to give the ECBA the opportunity to reply. The decision should be subject to an independent judicial review pending finalisation.
Amendment 131 #
2023/0315(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) justified by overriding reasons in the public interest; and
Amendment 133 #
2023/0315(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) approprinecessary and proportionate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained.
Amendment 135 #
2023/0315(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that the statutes of an ECBA are in writing, subject to formal requirements of the applicable national law and include the following information:
Amendment 136 #
2023/0315(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) a detailed description of its objectives and a statement of its non-profit purposethat must be in line with the values of the Union as enshrined in Article 2 TEU, a statement of its non-profit purpose and the description of the cross- border element;
Amendment 137 #
2023/0315(COD)
Proposal for a directive
Article 6 – paragraph 2 – point j
Article 6 – paragraph 2 – point j
(j) provisions governing number, appointment, removal, powers and responsibilities of the members of the executive body;
Amendment 138 #
2023/0315(COD)
Proposal for a directive
Article 6 – paragraph 2 – point l
Article 6 – paragraph 2 – point l
(l) the date of adoption of the statutes and the procedure tofor amending the statutesm;
Amendment 140 #
2023/0315(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 145 #
2023/0315(COD)
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) justified by overriding reasons in the public interest; and
Amendment 147 #
2023/0315(COD)
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) approprinecessary and proportionate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained.
Amendment 151 #
2023/0315(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) justified by overriding reasons in the public interest; and
Amendment 153 #
2023/0315(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) approprinecessary and proportionate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained.
Amendment 154 #
2023/0315(COD)
Proposal for a directive
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) justified by overriding reasons in the public interest; and
Amendment 156 #
2023/0315(COD)
Proposal for a directive
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) approprinecessary and proportionate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained.
Amendment 160 #
2023/0315(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that the founding members express their intention to constitute an ECBA eitherrmation of a European Association shall be executed by a written agreement between them or by an agreement at the constitutive meeting of the ECBA that is recorded in the written minutes; to that end, such an agreement or minutes shall be duly signed by the founding memberall of the founding members or by written minutes documenting the constitutive meeting signed by all founding members and duly verified if the national law provides it for the formation of associations.
Amendment 161 #
2023/0315(COD)
Proposal for a directive
Article 17 – title
Article 17 – title
Conversion of non-profit associationentities into an ECBA
Amendment 164 #
2023/0315(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that existing non-profit associations established in the Unionentity legally established in a Member State which has its registered office within the Union and which operates across borders or has another cross-border element may convert into an ECBA within the same Member State.
Amendment 170 #
2023/0315(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article17a Merger of non profit entities into an ECBA Member States shall ensure that non profit entities legally established in one or more member states, can merge into an ECBA, provided that at least two of them are governed by the law of different Member States.
Amendment 172 #
2023/0315(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the postal address of the intended registered office and an electronic mail address;
Amendment 177 #
2023/0315(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Each Member State shall destablish aignate the register, the authority responsible for the management of the register for the purposes of registration of ECBAuropean associations pursuant to Article 19 and the authority responsible for supervision, and shall inform the Commission accordingly.
Amendment 179 #
2023/0315(COD)
Proposal for a directive
Article 20 – paragraph 2 – point a a (new)
Article 20 – paragraph 2 – point a a (new)
(aa) Annual activity reports, which shall contain at least: 1) information on the activities of the European Association; 2) a description of how the public benefit purpose, if granted to the European Association, was promoted during the financial year; 3) a list of gifts received and given.
Amendment 180 #
2023/0315(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 181 #
2023/0315(COD)
Proposal for a directive
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Member States shall ensure that personal data are not retained in the register after the dissolution of an ECBA for longer than 210 years.
Amendment 182 #
2023/0315(COD)
Proposal for a directive
Article 22 – paragraph 4 – point c
Article 22 – paragraph 4 – point c
(c) wthen ECBA is insolvency are pendingt;
Amendment 183 #
2023/0315(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Without prejudice to any provisions in force more favourable to employees based on national or Union law, Member States shall ensure that the employeecreditors of an ECBA willing toare informed of the possible transfer itsof the registered office are informed of the potential transfer and entitled, in good time and at least one month be, in particular through the obligation of the ECBA to publish the application fore the extraordinary meetingnsfer of the registered office referred to in paragraph 23, to examine the draft of the decision approving the transfer of registered officand that they have the right to have that application reviewed in accordance with the procedure referred to in paragraph 2Article 23a.
Amendment 184 #
2023/0315(COD)
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Member States shall ensure that the employees of the ECBA are informed of the possible transfer of the registered office and have the opportunity to comment on it well in advance, at least one month before the planned decision pursuant to paragraph 2.
Amendment 185 #
2023/0315(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensure that the transfer of the registered office needs to be adopted by the decision-making body of the ECBA in an extraordinary meeting. That decision shall be taken by two thirds of the votes, representing at least half of all members.
Amendment 186 #
2023/0315(COD)
Proposal for a directive
Article 23 – paragraph 3 – point f
Article 23 – paragraph 3 – point f
(f) a report explainingsetting out the safeguards for creditors and employees, if applicable under Union or national law.;
Amendment 187 #
2023/0315(COD)
Proposal for a directive
Article 23 – paragraph 3 – point f a (new)
Article 23 – paragraph 3 – point f a (new)
(fa) a report explaining whether and to what extent, if any, the rights of employees will be affected by the transfer:
Amendment 188 #
2023/0315(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Protection of creditors 1. Member States shall provide for an adequate system of protection of the interests of creditors whose claims antedate the application for the transfer of the registered office and have not fallen due at the time of such disclosure. Member States shall ensure that creditors who are not satisfied with the safeguards contained in the application for transfer of the registered office referred to in Article 23(3)(f) may, within three months of the publication of the application for transfer of the registered office, apply to the competent administrative or judicial authority for adequate safeguards if they can reliably demonstrate that the satisfaction of their claims will be jeopardised as a result of the transfer of the registered office and that they have not received any adequate safeguards from the company. Member States shall ensure that the safeguards are conditional upon the relocation taking effect. 2. Member States may require that the administrative or management body of the company provide a declaration that accurately reflects its current financial status at a date no earlier than one month before the disclosure of that declaration. The declaration shall state that, on the basis of the information available to the administrative or management body of the company at the date of that declaration, and after having made reasonable enquiries, that administrative or management body is unaware of any reason why the company would, after the conversion takes effect, be unable to meet its liabilities when those liabilities fall due. The declaration shall be published together with the application for transfer. 3. Paragraphs 1 and 2 shall be without prejudice to the application of the law of the departure Member State concerning the satisfaction or securing of pecuniary or non-pecuniary obligations due to public bodies. 4. Member States shall ensure that creditors whose claims antedate the publication of the application for the transfer of the registered office are able to institute proceedings against the company also in the departure Member State within two years of the date the transfer has taken effect, without prejudice to the jurisdiction rules arising from Union or national law or from a contractual agreement. The option of instituting such proceedings shall be in addition to other rules on the choice of jurisdiction that are applicable pursuant to Union law.
Amendment 189 #
2023/0315(COD)
Proposal for a directive
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
1. Member States shall ensure that an ECBA shall only be dissolved by decision of its members and only in the following casin accordance with its statutes:.
Amendment 190 #
2023/0315(COD)
Proposal for a directive
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
Amendment 191 #
2023/0315(COD)
Proposal for a directive
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
Amendment 192 #
2023/0315(COD)
Proposal for a directive
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
Amendment 193 #
2023/0315(COD)
Proposal for a directive
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
(b) a serious threat to public order or public security caused by the activities of the ECBAs provided that it is preceded by a risk assessment in line with standards of necessity and proportionality;
Amendment 194 #
2023/0315(COD)
Proposal for a directive
Article 25 – paragraph 2 – point c
Article 25 – paragraph 2 – point c
Amendment 197 #
2023/0315(COD)
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Member States shall ensure that the decision referred to in paragraph 4 of this Article is reasoned, subject to effectiveindependent judicial review, and does not take effect while judicial review is pending.
Amendment 198 #
2023/0315(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that any assets of the dissolved ECBA remaining after financial interests of possible creditors are discounted are transferred to a non-profit entity carrying out a similar activity as the dissolved ECBA or that the assets are transferred to a local authority, which is obliged to utilise them for an activity that is similar to the one pursued by the dissolved ECBA.
Amendment 207 #
2023/0315(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall adopt and publish the laws, regulations, and administrative provisions necessary to comply with this Directive by [23 years from the entry into force of this Directive]. They shall immediately communicate the text of those measures to the Commission.
Amendment 4 #
2023/0314(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Regulation (EU) 2018/1724 of the European Parliament and the Council7, which established the single digital gateway, provides for general rules for the online provision of information, procedures and assistance services relevant for the functioning of the internal market. The procedures covered by this Regulation should comply with the requirements of Regulation (EU) 2018/1724 so as to ensure that any ECBA can benefit from fully online procedures and the cross-border automated exchange of evidence, in accordance with the once-only principle. These procedures encompass the application for registration of an ECBA and the procedure of transfer of registered office of an ECBA. _________________ 7 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1).Does not affect the English version.)
Amendment 8 #
2023/0314(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EU) 2018/1724
Annex I
Annex I
Areas of information related to legal persons other than businesses having their registered office in a Member State: AA. Starting, running and closing a legal person other than a business 2. transfer of the registered office of a legal person other than a business to another Member State
Amendment 9 #
2023/0314(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EU) 2018/1724
Annex I
Annex I
Areas of information related to legal persons other than businesses having their registered office in a Member State: AA. Starting, running and closing a legal person other than a business 2a. protection of creditors' rights in connection with the transfer of the registered office of a legal person other than a business to another Member State
Amendment 10 #
2023/0314(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EU) 2018/1724
Annex I
Annex I
Areas of information related to legal persons other than businesses having their registered office in a Member State: AA. Starting, running and closing a legal person other than a business 4. compliance with rules and transparency in commercial practices, including consumer rights and guarantees related to selling goods and services
Amendment 11 #
2023/0314(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EU) 2018/1724
Annex I
Annex I
Areas of information related to legal persons other than businesses having their registered office in a Member State: AA. Starting, running and closing a legal person other than a business 10. civil liability of board members of a legal person other than a business
Amendment 54 #
2022/2143(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the case-law establishing the principle of primacy has been implicitly accepted by the Member States, which have never used a Treaty revision to lay down exceptions to the precedence of EU law;
Amendment 67 #
2022/2143(INI)
Motion for a resolution
Recital F
Recital F
F. whereas several national constitutional courts have nevertheless defended the existence of certain limits to the principle of primacy; whereas these reservations mostly concern respect for EU competences and, the national constitutional identity and protection of fundamental rights;
Amendment 143 #
2022/2143(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that it is up to the CJEU, given its exclusive competence to provide the definitive interpretation of EU law, to definbe the scopeguardian of the principle of primacy; notes that such a definition cannot, therefore, be left to national courts, therefore, national courts cannot apply the principle of primacy on the basis of theira differing interpretation of EU law or provisions of national law;
Amendment 153 #
2022/2143(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the vast majority of the courts of the Member States comply with the principle of the primacy of EU law; notes that, since the Costa v E.N.E.L. judgment of 15 July 1964, there has only been a very small number of cases in which a national court has refused to draw the consequences of a preliminary ruling, compared to the large overall number of preliminary references; highlights that even in one of the most prominent such cases, namely the judgment of 5 May 2020 concerning the European Central Bank’s public sector purchase programme, the German Federal Constitutional Court nevertheless stressed its respect for the principle of primacy;
Amendment 166 #
2022/2143(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points, however, to the negative consequences of any decision of a national constitutional court that challenges the principle of primacy; stresses that, if every national constitutional court could decide on the limits of the primacy of EU law, the effectiveness and uniformity of EU law would be seriously jeopardised; underlines that challenging CJEU judgments on the basis of national constitutional reservations concerning respect for EU competences or the national constitutional identity genuinelymight undermines the CJEU’s authority of EU law;
Amendment 174 #
2022/2143(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the case-law of any national constitutional court challenging the principle of primacy has an importcan have ant influence on the doctrines of the constitutional courts of the other Member States with regard to the scope of the primacy of EU law; points, therefore, to the risk that this could pose to the effectiveness and uniformity of EU law;
Amendment 180 #
2022/2143(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is of the opinion that the preliminary reference procedure constitutes a way to engage in a constructive judicial dialogue; emphasises that, since it ensures the uniform interpretation of EU law, it is a prerequisite for the consistency and autonomy of the EU’s legal order; recalls that, in certain cases, the CJEU has already shown a willingness to change its reasoning in a second preliminary ruling requested by the same national constitutional court that had initiated the first preliminary reference, which demonstrates that this procedure provides for an effective dialogue between courts;
Amendment 192 #
2022/2143(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates its callthe duty onf the Commission as the guardian of the Treaties to closely monitor the rulings of national courts with regard to the primacy of EU law over national legislation and to provide full information to Parliament on any possible conflict and any action taken in response;
Amendment 212 #
2022/2143(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Encourages the Commission to initiate infringement procedures under Article 258 TFEU in response to judgments of national constitutional courts that challenge the principle of primacy as the measure of the last resort when other forms of dialogue fail; underlines that such procedures might provide the opportunity for supremenational highest courts to engage in a judicial dialogue; stresses also the need to make clear to other national constitutional courts that there are consequences for failing to respect the principle of primacy;
Amendment 223 #
2022/2143(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges that infringement procedures against judicial decisions are often criticised for potentially jeopardising the independence of the judiciary; points out, however, that judicial independence is aimed at shielding courts from exposure to political pressure, but not from accountability for not complying with the applicable law;
Amendment 250 #
2022/2143(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recommends nevertheless that, in the event of a revision of the Treaties, the principle of primacy be codified; recalls that the precedence of EU law was explicitly laid down in the Constitutional Treaty; regrets the fact that this primacy clause but was not included in the Treaty of Lisbon;
Amendment 57 #
2022/0402(CNS)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has set itself the objective of creating, maintaining and developing an area of freedom, security and justice in full respect of fundamental rights in which the free movement of persons and access to justice are ensured, according to Articles 21, 45, 49, 56 and 67 of the Treaty on the Functioning of the European Union (TFEU). For the gradual establishment of such an area, the Union is to adopt measures aimed at ensuring the mutual recognition between Member States of judgments and decisions in extrajudicial cases in civil matters and the compatibility of the rules applicable in the Member States concerning conflict of laws and jurisdiction in civil matters.
Amendment 122 #
2022/0402(CNS)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should not apply to preliminary questions such as the existence, validity or recognition of a marriage or a relationship deemed by the law applicable to it as having comparable effects, such as a registered partnership, which should continue to be governed by the national law of the Member States, including their rules of private international law and, where relevant, by the case law of the Court of Justice on free movement.
Amendment 135 #
2022/0402(CNS)
Proposal for a regulation
Recital 34
Recital 34
(34) Notwithstanding the differences in national laws, parenthood is typically established by operation of law or by an act of a competent authority. Examples of the establishment of parenthood by operation of law include parenthood by birth as regards the person giving birth, and parenthood by legal presumption as regards the spouse or the registered partner of the person giving birth. Examples of the establishment of parenthood by an act of a competent authority include the establishment of parenthood by a court decision (such as in adoption, or in proceedings where parenthood is contested, or in proceedings where parenthood is claimed, for example by proving a possession of state), by a notarial deedact (for example, in adoption or where the child is not yet born), by an administrative decision (for example, after an acknowledgment of paternity) or by registration. Parenthood is typically registered in the civil, personal or population register. Evidence of parenthood can be provided by the document establishing the parenthood (such as the court decision, the notarial deedact or the administrative decision establishing parenthood). However, evidence of parenthood is most often provided by the registration of the parenthood in the register itself, by an extract from the relevant register or by a certificate containing the information registered in the relevant register (such as a birth certificate or a parenthood certificate).
Amendment 186 #
2022/0402(CNS)
Proposal for a regulation
Recital 59
Recital 59
(59) Depending on the national law, an authentic instrument establishing parenthood with binding legal effect in the Member State of origin can be, for example, a notarial deedact of adoption or an administrative decision establishing parenthood following an acknowledgment of paternity. This Regulation should also provide for the acceptance of authentic instruments which have no binding legal effect in the Member State of origin but which have evidentiary effects in that Member State. Depending on the national law, such an authentic instrument can be, for example, a birth certificate or a parenthood certificate providing evidence of the parenthood established in the Member State of origin (whether the parenthood has been established by operation of law or by an act of a competent authority, such as a court decision, a notarial deedact, an administrative decision or registration).
Amendment 273 #
2022/0402(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down common rules on jurisdiction and applicable law for the establishment of parenthood in a Member State in cross-border situations; common rules for the mutual recognition or, as the case may be, acceptance in a Member State of court decisions on parenthood given, and authentic instruments on parenthood drawn up or registered, in another Member State; and creates a European Certificate of Parenthood.
Amendment 294 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
2. ‘child’ means a person of any age whose parenthood is to be established, recognised or proved;
Amendment 295 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
4. 'court' means any judicial authority in a Member State thatand all other authorities of a Member State with jurisdiction in matters of parenthood which exercises judicial functions in matters of parenthood;or act pursuant to a delegation of power by a judicial authority or act under the control of a judicial authority, provided that such other authorities offer guarantees with regard to the impartiality and the right of all parties to be heard and provided that their decisions under the law of the Member State in which they operate:
Amendment 296 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point a (new)
Article 4 – paragraph 1 – point 4 – point a (new)
a) may be made the subject of an appeal to or review by a judicial authority; and
Amendment 297 #
2022/0402(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point 4 – point b (new)
Article 4 – paragraph 1 – point 4 – point b (new)
b) have a similar force and effect as a decision of a judicial authority on the same matter.
Amendment 332 #
2022/0402(CNS)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) the procedures toconditions for establishing or contesting parenthood;
Amendment 345 #
2022/0402(CNS)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The application of a provision of the law of any State specified by this Regulation may be refused only if such application is manifestly incompatible with the public policy (ordre public) of the forum, taking into account the best interests of the child.
Amendment 350 #
2022/0402(CNS)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non- discrimination.
Amendment 375 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 1 – point a
Article 31 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’sbest interests of the child;
Amendment 388 #
2022/0402(CNS)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
Amendment 423 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) if such recognition is manifestly contrary to the public policy of the Member State in which recognition is invoked, taking into account the child’sbest interests of the child;
Amendment 433 #
2022/0402(CNS)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Point (a) of paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
Amendment 458 #
2022/0402(CNS)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. The public policy (ordre public) referred to in paragraph 1 shall be applied by the courts and other competent authorities of the Member States in observaccordance ofwith the fundamental rights and principles laid down in the Charter, in particular Article 21 thereof on the right to non-discrimination.
Amendment 534 #
2022/0402(CNS)
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The European electronic access point established on the European e-Justice Portal pursuant to Article 4 of [the Digitalisation Regulation] may be used for electronic communication between natural persons or their legal representatives and Member State courts or other competent authorities in connection with the following:
Amendment 565 #
2022/0402(CNS)
Proposal for a regulation
Article 70 – paragraph 2 – point a a (new)
Article 70 – paragraph 2 – point a a (new)
(aa) the number of applications for the recognition of a court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the recognition was granted;
Amendment 3 #
2021/2103(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes wiStresses the importance of creating favourable conditions for the deep concern the overallvelopment of civil society in the EU, as the shrinking of space for civil society in the EU, whichould represents a serious threat to democracy and fundamental rights and has worsened; points out that during the COVID-19 crisis the position of many civil society actors has deteriorated;
Amendment 22 #
2021/2103(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that the main responsibility for this regression lies with Member Statee positive development of civil society in the EU lies with Member States and the EU institutions;
Amendment 40 #
2021/2103(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Condemns all attempts by Member States toalls on Member States to refrain from excessive control of civil society actors and discriminate between them on a political basis, including by over-regulating, over-regulation and discriminatory practices in the sector;
Amendment 64 #
2021/2103(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deplores the insufficient efforts of Member StateCalls on the Member States to step up their efforts to facilitate and guarantee access to stable long-term funding for civil society actors;
Amendment 81 #
2021/2103(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Condemns the severe restrictions imposed by Member Statessiders that democracy and a healthy civil society require the guaranteed exercise onf the right to protest,of assembly and avoidance of the disproportionate use of violence by public authorities, and the arbitrary arrests ofgainst protesters;
Amendment 88 #
2021/2103(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines thatExpresses concern at cases in which civil society actors are increasbeingly subjected to targeted violence, whether by police forces or private parties;
Amendment 100 #
2021/2103(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Condemns the increasingcases of criminalisation and judicial harassment of civil society actors; is concerned about the growing use of strategic lawsuits against public participation (SLAPPs) by powerful public and private actors, and strongly recommends the adoption of an anti- SLAPPs directive protecting all parties legitimately engaging in public participation;
Amendment 131 #
2021/2103(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Supports the creation of an EU alert mechanism forthat allows attacks on civil society to be reported and protection against such attacks to be sought;
Amendment 137 #
2021/2103(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Denounces the extreme inequality inCalls for equal access to information and decision- makers between industry representatives on the one hand, and civil society actors on the other, including within the EU institutionsto be ensured, both at Member State and EU level;
Amendment 156 #
2021/2103(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Deplores the growing concentration of media ownership at the expense of plurality, independence and fair public respace for the presentation of the ideas and actions of civil society organisations.
Amendment 122 #
2021/0422(COD)
Proposal for a directive
Recital 16
Recital 16
(16) A further approximation and effectiveness of sanction levels imposed in practice should be fostered through common aggravating circumstances that reflect the severity of the crime committed. Where the death of, or serious injury to, a person, have been caused and where these elements are not already constituent for the criminal offence, these could be considered as aggravating circumstances. Equally, when an environmental criminal offence causes substantial and irreversible or long- lasting damage to an entire ecosystem, this should be an aggravating circumstance because of its severity, including in cases comparable to ecocide. As the illegal profits or expenditure that can be generated or avoided through environmental crime are an important incentive for criminals, these should be calculated as accurately as possible and taken into account when determining the appropriate level of sanctioning in the individual case.
Amendment 128 #
2021/0422(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Where the crimes are of a continuing nature, they should be brought to an end as soon as possible. Where offenders have made financial gains, such gains should be confiscated in full.
Amendment 143 #
2021/0422(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, people perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balancedcomprehensive and effective whistleblowers protection set out under Directive (EU) 2019/1937 of the European Parliament and of the Council25. _________________ 25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).
Amendment 149 #
2021/0422(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Other persons may also possess valuable information concerning potential environmental criminal offences. They may be members of the community affected or members of society at large taking an active part in protecting the environment. Such persons who report environmental crimes as well as persons who cooperate with the enforcement of such offences should be provided all the necessary support and assistance in the context of criminal proceedings, so that they are not disadvantaged for their cooperation but supported and assisted. These persons should also be protected from being harassed or unduly prosecuted for reporting such offences or their cooperation in the criminal proceedings.
Amendment 184 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3 or 4, including victims of such offences. For the purposes of this definition, it is presumed that persons having a sufficient interest or maintaining the impairment of a right as well as non- governmental organisations promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interest and are or may be affected by any of the offences in Articles 3 or 4;
Amendment 186 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘public concerned’ means the persons affected or likely to be affected by the offences referred to in Articles 3 or 4. For the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well asit is presumed that non- governmental organisations promoting the protection of the environment and meeting any proportionate requirements under national law shall be deemed to have an interestbe, or likely to be, affected by the offences referred to Articles 3 or 4;
Amendment 201 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, emission or introduction of a quantity of materials or substances, energy, or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or serious substantial damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 206 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the discharge, emission or introduction of a quantity of materials or, substances, energy or ionising radiation into air, soil or water which causes or is likely to cause death or serious injury to any person or substantialevere damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 210 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the market of a product which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantialevere damage to air, water or soil quality, or to animals or plants especially as a result of the product's use on a larger scale;
Amendment 211 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the placing on the market of a product which, in breach of a prohibition or another requirement, causes or is likely to cause death or serious injury to any person or substantialevere damage to air, water or soil quality, or to animals or plants especially as a result of the product's use on a larger scale;
Amendment 218 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c – paragraph 1
Article 3 – paragraph 1 – point c – paragraph 1
and it causes or is likely to cause death or serious injury to any person or substantialevere damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 225 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) the collection, transport, recovery or disposal of waste, the supervision of such operations and the after-care of disposal sitessites where waste is permanently stored, including action taken as a dealer or a broker (waste management), when an unlawful conduct:
Amendment 232 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) concerns other waste than referred to in point (i) and causes or is likely to cause death or serious injury to any person or substantialevere damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 238 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the ship-source discharges of polluting substances referred to in Article 4(1) of Directive 2005/35/EC of the European Parliament and of the Council42 on ship-source pollution and on the introduction of penalties, including criminal penalties, into any of the areas referred to in Article 3(1) of that Directive, provided that the ship-source discharges do not satisfy the exceptions set in Article 5 of that Directive; this provision shall not apply to individual cases, where the ship- source discharge does not cause deterioration in the quality of water, or other measurable damage to the environment, unless repeated cases by the same offender in conjunction result in deterioration in the quality of water or other measurable damage to the environment; _________________ 42 Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11– 21).
Amendment 242 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) the installation, operation or dismantling of an installation in which a dangerous activity is carried out or in which dangerous substances, preparations or pollutants are stored or used falling within the scope of Directive 2012/18/EU of the European Parliament and of the Council43, Directive 2010/75/EU of the European Parliament and of the Council44 or Directive 2013/30/EU of the European Parliament and of the Council45 and which causes or is likely to cause death or serious injury to any person or substantialevere damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 43 Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC Text with EEA relevance (OJ L 197, 24.7.2012, p. 1– 37). 44 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17– 119). 45 Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66– 106).
Amendment 246 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) the manufacture, production, processing, handling, use, holding, storage, transport, import, export or disposal of radioactive material falling within the scope of Council Directive 2013/59/Euratom46, Council Directive 2014/87/Euratom47 or Council Directive 2013/51/Euratom48, which causes or is likely to cause death or serious injury to any person or substantialevere damage to the quality of air, the quality of soil or the quality of water, or to animals or plants; _________________ 46 Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1–73). 47 Council Directive 2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p. 42–52). 48 Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12– 21).
Amendment 251 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) the killing, destruction, taking of, possession, sale or offering for sale of a specimen or specimens of wild fauna or flora species listed in Annexes IV and V (when species in Annex V are subject to the same measures as those adopted for species in Annex IV) to Council Directive 92/43/EEC49 and the species referred to in Article 1 of Directive 2009/147/EC of the European Parliament and of the Council50, except for cases where the conduct concerns a negligible quantity of such specimens; _________________ 49 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7–50). 50 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 256 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) trading in specimens of wild fauna or flora species or parts or derivatives thereof listed in Annexes A, B and BC to Council Regulation (EC) No 338/9751, except for cases where the conduct concerns a negligible quantity of such specimens; _________________ 51 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 61, 3.3.1997, p. 1).the species listed in Annexes B and C and at the same time a negligible quantity of such specimens;
Amendment 262 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
(o) any conduct which causes the deterioration of a habitat within a protected site, within the meaning of Article 6(2) of the Directive 92/43/EEC, when this deterioration is significantgreater than negligible;
Amendment 264 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point p – point ii
Article 3 – paragraph 1 – point p – point ii
(ii) the conduct breaches a condition of permit issued under Article 8 or of authorisation granted under Article 9 of Regulation (EU) No 1143/2014 and causes or is likely to cause death or serious injury to any person or substantialevere damage to the quality of air, the quality of soil or the quality of water, or to animals or plants;
Amendment 270 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) a serious infringement within the meaning of Article 90(1) of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, and Article 42 of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing.
Amendment 284 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that the conduct referred to in paragraph 1, points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (l), (m), (n), (o), (p) (ii), (q), (r) also constitutes a criminal offence, when committed with at least serious negligence.
Amendment 286 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Member States shall ensure that their national legislation specifies that the following elements shall be taken into account, where relevant, when assessing whether the damage or likely damage is substantial or severe for the purposes of the investigation, prosecution and adjudication of at least the offences referred to in paragraph 1, points (a) to (e), (i), (j), (k) and (p):
Amendment 316 #
2021/0422(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take the necessary measures to ensure that an attempt to commit any of the criminal offences referred to in Article 3 (1) points (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (l), (m), (n), (o), (p) (ii), (q), (r) when committed intentionally is punishable as a criminal offence.
Amendment 321 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall take the necessary measures to ensure that offences referred to in Article 3 are punishable by a maximum term of imprisonment of at least ten years if they cause or are likely to cause death or serious injury to any person, and with a maximum penalty of at least six years in other cases.
Amendment 324 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 330 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 344 #
2021/0422(COD)
Proposal for a directive
Article 5 – paragraph 5 – point b
Article 5 – paragraph 5 – point b
(b) fines in an amount sufficient to fulfil their punitive and deterrent nature;
Amendment 383 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) criminal or non-criminal fines in an amount sufficient to fulfil their punitive and deterrent nature;
Amendment 404 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be not less than 10% of the total worldwide turnover of the legal person [/undertaking] in the business yeare punishable byreceding the fining decision if such offences cause or could cause death or serious injury to persons, and fines, the maximum limit of which shall be not less than 5% of the total worldwide turnover of the legal person [/ undertaking] in the business year preceding the fining decision in other cases.
Amendment 412 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 437 #
2021/0422(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the offender restores nature to its previous conditionthe environmental component concerned to its previous condition or, if restoration to its previous condition is not possible, takes effective measures to mitigate the damage caused to the environment;
Amendment 465 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 474 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. By way of derogation from paragraph 2, Member States may establish a limitation period that is shorter than ten years, but not shorter than foursix years, provided that the period may be interrupted or suspended in the event of specified acts.
Amendment 476 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) a penalty of imprisonment in the case of a criminal offence which is punishable by a maximum sanction of at least six years of imprisonment, imposed following a final conviction for a criminal offence referred to in Articles 3 and 4, for at least six years from the date of the final conviction;
Amendment 477 #
2021/0422(COD)
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
Amendment 505 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall take the necessary measures to ensure that persons reporting offences referred to in Articles 3 and 4 of this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessarycomprehensive support and assistance in the context of criminal proceedings.
Amendment 512 #
2021/0422(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to participate in proceedings concerning offences referred to in Articles 3 and 4, for instance as a civil party. or when seeking to impose an obligation to restore the previous condition of the environment concerned within a specified period of time.
Amendment 544 #
2021/0422(COD)
Proposal for a directive
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) the resources neededspecific steps to secure the necessary resources, both human and financial, and how specialisation of enforcement professionals will be supported;
Amendment 150 #
2021/0394(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 163 #
2021/0394(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Written cCommunication between competent authorities in cases falling under the scope of the legal acts listed in Annex I and Annex II, including the exchange of forms established by these acts, shall be carried out through a secure and reliable decentralised IT system.
Amendment 196 #
2021/0394(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The European electronic access point shall refer to the European e-justice Portal as regards the information for natural and legal persons on their right to legal assistance and shall allow natural and legal persons to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities.The European electronic access point shall be accessible from the European e-justice Portal which is available in all EU official languages and contains all necessary forms.
Amendment 218 #
2021/0394(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Competent authorities shall accept electronic communication under Article 5(1), transmitted through the European electronic access point or national IT portals, where available.
Amendment 219 #
2021/0394(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Hearing through videoconferencing or other distance communication technology in civil and commercial matters when one of the parties is present in another Member States
Amendment 222 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Without prejudice to specific provisions regulating the use of videoconferencing or other distance communication technology in proceedings under the legal acts listed in Annex I, and upon request of a party to proceedings falling under the scope of these legal acts or in other civil and commercial matters where one of the parties is present in another Member State, or upon request of their legal or authorised representative, competent authorities shall allow their participation to a hearing by videoconferencing or other distance communication technology, provided that:
Amendment 232 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 237 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 242 #
2021/0394(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Subject to this Regulation, tThe procedure for requesting and conducting a videoconference shall be regulated by the national law of the Member State conducting videoconferencethe hearing.
Amendment 259 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 286 #
2021/0394(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 399 #
2021/0106(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) At least two natural persons who verify and confirm the identification resulting from a high-risk AI system referred to in point 1(a) of Annex III should do it independently of each other but that does not mean that these two persons cannot be employees of one institution.
Amendment 762 #
2021/0106(COD)
Proposal for a regulation
Article 52 – paragraph 3 a (new)
Article 52 – paragraph 3 a (new)
3a. The information referred to in paragraphs1 to 3 shall be provided to natural persons in a clear and easily distinguishable manner at the latest at the time of the first interaction or exposure. The mechanism shall, where relevant and appropriate, be completed with intervention or flagging procedures for the exposed natural person.
Amendment 1347 #
2020/2260(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the emphasis the farm to fork strategy places on ensuring livestock welfare; underlines the importance of this issue in terms of both food quality and the impact on consumer choice; calls on the Commission to propose measures to further improve livestock welfare, especially in intensive farming and in activities where animals are exposed to increased stress, such as transport or slaughter; considers that the cross-border transport of live livestock within the EU and from the EU to third countries should be limited so as not to cause those animals distress and increased stress;
Amendment 4 #
2020/2133(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that within the EU institutions different legislative measureand other provisions aimed at preventing conflicts of interest contain varying definitions of the term ‘conflict of interest’; believes therefore that the term should be uniformly understood to mean a conflict between the public duty and private interests of a public official, in which the public official has private- capacity interests which could improperly influence the performance of their official duties and responsibilities; notes, however, that a definition of this kind has an evolving nature and that full transparency does not necessarily guarantee the absence of any which could improperly influence their activities and the decisions falling under their responsibility; notes that maximum transparency can help prevent conflicts of interest, nor does it guarantee public trust and increase public trust in the proper performance of public administration;
Amendment 43 #
2020/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that for proper expertise to be acquired, the future ethics body should have a permanent, independent and collegiate structure, and that its composition could be based either on specific institutional positions, such as that of the Presidentthe members of this body could include, on the one hand, persons in specific positions providing a guarantee of professionalism and independence, such as the position of judge of the Court of Justice, or on the nomination of experts by each EU institutionf the European Union, and, on the other hand, persons appointed by the European Parliament in view of their reputation for increasing transparency in public administration and for detecting and combating conflicts of interest;
Amendment 61 #
2020/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes furthermore that the mission of this future advisory body cshould also be entrusted with the broader task ofinclude examining conflicts of interest within the EU institutions and agencies in general, as well as among public officials at Member State level who are involved in the implementation of the budget under direct, indirect and shared management within the meaning of Article 61 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council, and that this body could playing, in a complementary and balanced way, a preventive role via awareness raising and ethical guidance powers on the one hand, and a compliance role as regards conflicts of interest on the other.
Amendment 7 #
2020/2085(INI)
Draft opinion
Recital A
Recital A
A. whereas traditional extensive livestock farming plays a prominent role in EU agriculture, as it is not only economically and environmentally, but also culturally highly significant for EU regionimportant and it can work in synergy with environmental goals, but it is also culturally highly significant for EU regions; whereas this is threatened by intensive forms of production which the current policy environment helps make profitable; calls for all policy instruments coherently working towards support of the traditional European cultural landscape, adoption of regenerative models such as agro-ecology and organic systems, contribution towards objectives of the Green Deal, high animal welfare and phasing out of support for intensive production units;
Amendment 31 #
2020/2085(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the spending under the EU and national budget on animal welfare should be cost-efficient and make a tangible improvement in the lives of animals concerned;
Amendment 36 #
2020/2085(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. calls on the EU to adopt measures promoting reduction in the production and consumption of terrestrial and aquatic animal products in order to improve animal welfare and in order to help the EU meet its climate targets under the European Green Deal;
Amendment 75 #
2020/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s efforts to consolidate legislation on animal welfare and animal health and to ensure that the requirements are clear; stressesit is clear and fit for purpose; stresses that these requirements must include a ban on the use of all cages in EU animal farming by 2027, that these requirements must be applied correctly and uniformly throughout the EU and that regular and comprehensive checks must be carried out, breaches duly investigated and sanctioned accordingly; welcomes the Commission’s planned revision of legislation in this area inby 2023 in keeping with the objectives of the Farm to Fork Strategy;
Amendment 105 #
2020/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the Council’s efforts to promote the development of an EU animal welfare label based on harmonised and technscientifically substantiated criteria and proposes that such label is developed jointly and in parallel with the updated minimal criteria when revising the animal welfare legislation;
Amendment 118 #
2020/2085(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses out that such an animal welfare label should provide transparent information on the animal’s life from birth, including live transports and method of slaughter, including whether the animal was pre-stunned and by which system;
Amendment 133 #
2020/2085(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Draws attention to the importance of animal welfare during transport and welcomes the establishment of the ANIT committee of inquiry; considers that findings of the Committee should be duly taken into consideration by the European Commission and the Member States and its recommendations should be reflected in the necessary revision of the animal transport regulation No 1/2005; considers that this revision should, among others, strengthen the role of contingency plans for long journeys and pay more attention to physiological and ethological needs of animals during transport as demanded by the scientific veterinarian community;
Amendment 139 #
2020/2085(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls the recent events in the Mediterranean Sea (Elbeik and Karim Allah cases) and in the Suez Canal; stresses that animal welfare requirements can hardly be met during long-distance journeys of farm animals, especially during transport by sea; urges the Commission to initiate the debate on the necessary changes of the relevant EU legislation in this sense; calls on the Commission and the Member States to ensure in the meantime that the requirements of the animal transport regulation No 1/2005 are respected and violations of its provisions are dealt with by all appropriate means, including the infringement procedure;
Amendment 150 #
2020/2085(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that long-distance journeys of live farm animals for the purpose of slaughter cannot be justified by any reason and should be prohibited;
Amendment 163 #
2020/2085(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the fact that the common agricultural policy (CAP) seeks to enhance the welfare of on-farm animals by providing financial incentives and byoffers animal welfare measures through the 2nd Pillar; considers however that the operations programmed in number of RDP leading to an increase of a cage or crate size by a certain %, make little or no difference for the animals and thus represent an ineffective use of public money; highlights that investments related to compliance with new standards should be eligible for an additional period after they have become mandatory and that the Strategic Plans should in the area of animal welfare focusing on the enforcement of standards of the revised animal welfare legislation; calls by 2023 and offer an investment support in order to effectively enforce the ban on cages and crates; calls meanwhile on the Member States to offer greater and effective support to farmers who voluntarily coimply with more stringement animal welfare requirementmeasures which fulfil ethological needs of the respective species of animals, including through national support programmes;
Amendment 195 #
2020/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that individual management practices often have a greater influence on animal welfare than rules alone; calls on the Commission to adopt a more output-oriented approach to future projects; recognizes, however, that a scientifically underpinned legal framework setting out minimum requirements is key; calls in this regard on the Commission to amend the animal welfare legislation and to introduce a result-based approach to future projects and peer-to-peer sharing of best practices among farmers;
Amendment 202 #
2020/2085(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the importance of regular exchanges with representatives of national authorities, agricultural stakeholder organisations and experts concerning examples of good practice and possible scientifically-sound improvements in the area of animal welfare; points out that, despite its low cost, knowledge transfer in this area is highly efficient and should therefore be put into practice more quickly; Considers that funds from the CAP and national envelopes should also be appropriately directed to assist farmers in the transition to cage-free, high welfare, ecological sound farming methods with high quality training provided where required to ensure the welfare of the animals and the environmental and financial health of the farm.
Amendment 97 #
2020/2073(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines, also, that the general framework provided for by Union law is not applied in a similarn equal way in national legislation and that civil procedure and notice and take down mechanisms differ from one Member State to another; is of the view that there is a lack of efficiency of enforcement tools in the cross-border context; calls for further harmonisation of the procedures and remedies in the Union in this specific context;
Amendment 64 #
2020/2027(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that the number of companies prosecuted in environmental cases is low across the Member States, even though criminal offences within the meaning of the Environmental Crime Directive are demonstrably taking place; points out, in this context, that the causes of this situation have not yet been comprehensively analysed or explained by the Commission or the Member States;
Amendment 127 #
2020/2027(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Asks the Commission to look into the possibility of introducing a mandatory financial security system (covering insurance, bank guarantees, company pools and bonds or funds) with a maximum threshold per case, aiming to prevent taxpayers from having to bear the costs resulting from remediation of environmental damage; asks the Commission, in addition, to develop a harmonised EU methodology for calculating the maximum liability threshold, taking into account the activity and the impact on the environment; stresses the need to ensure that financial collateral can be drawn on, even in the event of the insolvency of the responsible operator;
Amendment 144 #
2020/2027(INI)
17. Is of the opinion that in cases of serious damage to the environment, including extremely widespread pollution, not just environmental liability instruments, but a multitude of instruments, including administrative measures, financial penalties and in some cases criminal prosecution, should be applied to remedy the problem; calls on the Commission, in this regard, to ensure that corporate social responsibility in preventing and remedying environmental harm is taken into account in procurement contracts and the allocation of public funds;
Amendment 164 #
2020/2027(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission to initiate a discussion on introducing a financial compensation scheme for cases where available remedies are inadequate given the extent of the damage; stresses that this discussion should address, inter alia, possible ways of quantifying environmental damage;
Amendment 165 #
2020/2027(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls on the Commission to amend the legislation on the control of major- accident hazards involving dangerous substances (Directive 2012/18/EU) with the aim of ensuring that the obligation on operators to provide the competent authority with information sufficient to identify the dangerous substances present or likely to be present in their establishment, including their quantity, should also be transferred to operators who run or manage operations where hazardous substances are or may be present in quantities below the values indicated in Annex I to the Directive; notes that this would make it easier to identify those committing potential environmental violations;
Amendment 34 #
2020/2026(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that associations and NPOs lack a legal form at Union level to put the representation of civil society interests on an equal footing with that of commercial undertakings and economic interest groups for which legal form at Union level has long been established but is unfortunately little used;
Amendment 65 #
2020/2026(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that, as only certain associations and NPOs are operating in the social economy, the upcoming Social Economy Action Plan, while very much welcomed, needs to be complemented by separate legislative initiatives to cover all associationsWelcomes the upcoming Social Economy Action Plan, and proposes that it be complemented by appropriate initiatives aimed at supporting associations and NPOs active in the social economy;
Amendment 74 #
2020/2026(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is alarmed by the increasing hindrances faced by associations and NPOs across the Union deriving from national laws, regulations or administrative practices or policies,
Amendment 80 #
2020/2026(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasizes that NPOs are instrumental for democracy and policy making at all levels; condemns attempts to depoliticise NPOs, such as by refusingthe denial or challenging of their status as public benefit organisation in situations where their activities are not meant to benefit one particular party, and considers such cases to be dangerous for European democracy;
Amendment 86 #
2020/2026(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Maintains that regulation will only benefitthe benefits of a legal framework for European civil society will be enhanced if NPOs can make use of adequate and easily accessible funding both at national and at European level; points out that public financing of NPOs, is important since they have less access to income from profit-making activities; points out that the own funds requirement should be limi, in this context, the existence of the Citizens, Equality, Rights and Values programme, which is aimed, intedr and non- monetary contributions of NPOs counted as suchlia, at non-profit organisations, and which has a total budget of EUR 641 705 000 in current prices for the 2021-27 programming period.
Amendment 95 #
2020/2026(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to recognise and promote the public benefit activities of associations and NPOs by harmonising the public benefit status across the EU, also with regard to tax benefits for them and their benefactors, where such benefits exist under national legislationwithin the EU;
Amendment 108 #
2020/2026(INL)
Motion for a resolution
Annex I – Part 1 – recital 3
Annex I – Part 1 – recital 3
(3) In pursuing their objectives, many associations play a significant role in the economy and in the development of the internal market, byalso engaginge on a regular basis in economic activity.
Amendment 126 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 1 – paragraph 1
Annex – Part I – Article 1 – paragraph 1
1. This Regulation lays down the conditions and procedures governing the formation, governance, registration and regulestablishment and operation of legal entities in the form of a European Association.
Amendment 136 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 3 – title
Annex – Part I – Article 3 – title
Amendment 137 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 3 – paragraph 1
Annex – Part I – Article 3 – paragraph 1
1. The European Association shall be governed by this regulation and statutes. For matters not dealt with by this Regulation, the European Association shall be governed by the law of the Member State in which the European Association has its registered office.
Amendment 145 #
Amendment 148 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 1
Annex – Part I – Article 5 – paragraph 1
Amendment 150 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 2
Annex – Part I – Article 5 – paragraph 2
Amendment 152 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 3
Annex – Part I – Article 5 – paragraph 3
Amendment 153 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 4
Annex – Part I – Article 5 – paragraph 4
Amendment 155 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 5
Annex – Part I – Article 5 – paragraph 5
Amendment 156 #
Amendment 158 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 7
Annex – Part I – Article 5 – paragraph 7
Amendment 160 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 8
Annex – Part I – Article 5 – paragraph 8
Amendment 161 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 9
Annex – Part I – Article 5 – paragraph 9
Amendment 162 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 10
Annex – Part I – Article 5 – paragraph 10
Amendment 163 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 11
Annex – Part I – Article 5 – paragraph 11
Amendment 164 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 5 – paragraph 12
Annex – Part I – Article 5 – paragraph 12
Amendment 167 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 6 – paragraph 1 – point b
Annex – Part I – Article 6 – paragraph 1 – point b
(b) as the result of a conversion into a European Association of an existing entity formed under the law oflegally established in a Member State and, which has its registered office within the Union and which operates across borders or has another cross-border element; or
Amendment 169 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 6 – paragraph 1 – point c
Annex – Part I – Article 6 – paragraph 1 – point c
(c) as the result of a merger between at least two entities belonging to the categories identified pursuant to Article 3(2) of this Regulation, formed under the laws of Member States and which have their registered office within the Unionof entities legally established in one or more Member States, provided that at least two of them are governed by the law of different Member States.
Amendment 172 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 6 – paragraph 3
Annex – Part I – Article 6 – paragraph 3
3. The formation of a European Association shall be executed by a written agreement between all of the founding members or by written minutes documenting the constitutive meeting signed by all founding members and duly verified if the national law provides it for the formation of associations.
Amendment 175 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 7 – paragraph 2
Annex – Part I – Article 7 – paragraph 2
Amendment 178 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point b
Annex – Part I – Article 8 – paragraph 2 – point b
(b) a precise statement of the European Association’s objectives and a description of public benefit purposes;
Amendment 180 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point d
Annex – Part I – Article 8 – paragraph 2 – point d
(d) the name, address and nationality of the founding members, where these are natural persons, and the assets at the time of formation;
Amendment 184 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point h
Annex – Part I – Article 8 – paragraph 2 – point h
(h) the number of board members, provisions governing the appointment to and removdismissal of members from the Board of Directors, the conditions for the initiation of proceedings against members of the Board of Directors on behalf of the European Association, as well as the Board’s functioning, powers and responsibilities, including powers of representation in dealings with third parties;
Amendment 185 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point k
Annex – Part I – Article 8 – paragraph 2 – point k
(k) an explicit commitment by the European Association to respect the values of the Union as enshrined in Article 2 TEU and the description of the cross-border element; and
Amendment 187 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point l a (new)
Annex – Part I – Article 8 – paragraph 2 – point l a (new)
(la) the date of adoption of the statutes and the procedure for amending them;
Amendment 188 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point l b (new)
Annex – Part I – Article 8 – paragraph 2 – point l b (new)
(lb) The statutes shall be in writing and subject to formal requirements of the applicable national law.
Amendment 189 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 9 – paragraph 1
Annex – Part I – Article 9 – paragraph 1
1. The registered office of a European Association shall be located within the territory of the Union, at the place specified in its statutes. The registered office shall be located at the place where the European Association has its central administration or the principal place of activities in the EU.
Amendment 192 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1
Annex – Part I – Article 10 – paragraph 1
1. A European Association shall, within 30 days of the date of the European Association's formation as provided for in Article 6, submit an application for registration in the digital e-Registry of European Associations established pursuant to Article 5(6)(a)Each Member State shall designate a register and a body responsible for the management of the register for the purposes of registering European Associations and shall inform the Commission thereof. A European Association shall be registered in the Member State in which it has its registered office.
Amendment 193 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 a (new)
Annex – Part I – Article 10 – paragraph 1 a (new)
1a. The authority in charge of managing the register shall, after verifying the applicant’s compliance with the requirements, take a decision on the registration of the European Association.
Amendment 194 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 b (new)
Annex – Part I – Article 10 – paragraph 1 b (new)
1b. No further authorisation from the Member State is required for registration.
Amendment 195 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 c (new)
Annex – Part I – Article 10 – paragraph 1 c (new)
1c. If, within 30 days of the submission of the application for registration, the application has been rejected or has not been decided upon, the applicant may, within 15 days of receipt of the rejection decision or the expiry of the 30-day period for taking a decision, appeal to the Appeals Committee established under Article 10a. If the Appeals Committee decides within 30 days to approve the application for registration, or if no decision is taken within the same period, the Member State shall proceed with the registration within 15 days of such decision or the expiry of the time limit for taking a decision.
Amendment 196 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 d (new)
Annex – Part I – Article 10 – paragraph 1 d (new)
1d. Member States shall ensure that information on the registration is communicated to the Publications Office of the European Union and to the Commission within 15 days of the registration. The Publications Office of the European Union shall then ensure that the information is published without delay in the Official Journal of the EU and the Commission shall ensure that it is published in the e-Registry of European Associations, which it shall establish and manage.
Amendment 197 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 e (new)
Annex – Part I – Article 10 – paragraph 1 e (new)
1e. Upon publication pursuant to subparagraph 1d, the registration of a European Association shall take effect in the territory of the Union. Member States may provide for the automatic registration of European Associations having their registered office on their territory in the appropriate national registries.
Amendment 198 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 2
Annex – Part I – Article 10 – paragraph 2
Amendment 204 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 3
Annex – Part I – Article 10 – paragraph 3
Amendment 205 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 4
Annex – Part I – Article 10 – paragraph 4
Amendment 207 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 5
Annex – Part I – Article 10 – paragraph 5
Amendment 208 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 6
Annex – Part I – Article 10 – paragraph 6
Amendment 212 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 7
Annex – Part I – Article 10 – paragraph 7
Amendment 214 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 8
Annex – Part I – Article 10 – paragraph 8
Amendment 216 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 9
Annex – Part I – Article 10 – paragraph 9
Amendment 218 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 – paragraph 10
Annex – Part I – Article 10 – paragraph 10
Amendment 219 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 10 a (new)
Annex – Part I – Article 10 a (new)
Article 10a Appeals Committee As from the adoption of this Regulation, an Appeals Committee shall be set up within the Commission, composed of representatives of the Member States and a representative of the Commission. A Commission representative shall be the chair. The Commission shall provide the secretariat. The Appeals Committee shall be convened by its chair and its decisions shall be taken by a qualified majority.
Amendment 221 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 1
Annex – Part I – Article 11 – paragraph 1
1. The registered office of a European Association may be transferred to another Member State in accordance with paragraphs 2 to 12 of this Article. Member States shall ensure unhindered transfer of assets and documents belonging to the European Association transferring its seatregistered office to another Member State. Such transfer shall not result in the European Association being wound up or in the creation of a new legal person or affect any rights and obligations existing before the transfer.
Amendment 222 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 3 – introductory part
Annex – Part I – Article 11 – paragraph 3 – introductory part
3. A proposal under paragraph 2 with the effect on the date of registration in the host Member State shall include details of:
Amendment 223 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 3 – point a
Annex – Part I – Article 11 – paragraph 3 – point a
(a) theintended registered office and proposed for the European Associationname in host Member State;
Amendment 224 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 3 – point a a (new)
Annex – Part I – Article 11 – paragraph 3 – point a a (new)
(aa) name and address in home Member State and the registry number
Amendment 225 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 3 – point b
Annex – Part I – Article 11 – paragraph 3 – point b
(b) the statutes proposed for the European Association including, where applicable, its new titlproposed amended statutes, where appropriate;
Amendment 226 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 6
Annex – Part I – Article 11 – paragraph 6
6. No decision to transfer shall be taken for two months after publication of the proposal. The procedure under Article 10 shall apply mutatis mutandis. Decisions to transfer shall be governed by the conditions laid down for the amendment of the statutes.
Amendment 227 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 8
Annex – Part I – Article 11 – paragraph 8
8. A court, notary or otTher competent authority in the Member State in which the European Association has its registered office shall issue a certificate to acknowledge that the acts and formalities required prior to transfer have been properly completed.
Amendment 228 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 10
Annex – Part I – Article 11 – paragraph 10
Amendment 230 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 11
Annex – Part I – Article 11 – paragraph 11
Amendment 231 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 12
Annex – Part I – Article 11 – paragraph 12
Amendment 232 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 13
Annex – Part I – Article 11 – paragraph 13
Amendment 233 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 11 – paragraph 14
Annex – Part I – Article 11 – paragraph 14
14. A European Association which is the subject of dissolution, winding-up, liquidation, insolvency, suspension of payments or other such procedures or if the transfer is against the statutes or would jeopardise the purpose of the European association may not transfer its registered office.
Amendment 234 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 12 – paragraph 1
Annex – Part I – Article 12 – paragraph 1
1. A European Association shall acquire legal personality on the day of the publication of its registration as a European Association in the Official Journal of the European Unionte on which it is entered in the national registry.
Amendment 235 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 12 – paragraph 1 a (new)
Annex – Part I – Article 12 – paragraph 1 a (new)
1a. European association shall have the legal personality in all Member States.
Amendment 237 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 12 – point 4 – point a a (new)
Annex – Part I – Article 12 – point 4 – point a a (new)
(aa) raise funds;
Amendment 238 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 12 – paragraph 4 – point b
Annex – Part I – Article 12 – paragraph 4 – point b
(b) receive donations and legacies, including through funding appeals to the public;
Amendment 244 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 14 – paragraph 7
Annex – Part I – Article 14 – paragraph 7
7. The Board shall, once a year, draw up a report on the accounts and activities of the European Association, which it shall transmit to the national supervisory authority and to the European Associations Authority. Such annual report shall also be made publicly available by the European Association.
Amendment 252 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 17 – title
Annex – Part I – Article 17 – title
Amendment 254 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 18 – paragraph 1
Annex – Part I – Article 18 – paragraph 1
1. Any discrimination based on the place where the European Association has its registered officeory treatment of the European Association shall be prohibited.
Amendment 255 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 18 – paragraph 2
Annex – Part I – Article 18 – paragraph 2
2. Any European Association which has its registered office on the Member State’s territory is subject to the provisions applicable to the legal entities identified pursuant to Article 3(2) of this Regulationshall receive the same treatment as equivalent national entities.
Amendment 260 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a – introductory part
Annex – Part I – Article 19 – paragraph 1 – point a – introductory part
(a) the organisation’s purpose and actual activities pursue a public benefit objective which serves the welfare of society or of part of it, and is thus beneficial for the public good, including charitable, purposes, or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party. The following purposes shall be considered as oriented towards public benefit. although the list shall not be considered as exclusive:
Amendment 262 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint d
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint d
(d) social justice, including prevention of or relief from povertyassistance;
Amendment 264 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint m
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint m
(m) the promotion of amateur sports.
Amendment 265 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 19 – paragraph 3
Annex – Part I – Article 19 – paragraph 3
3. The supervisory authority shall communtake a decision on such an applicateion without delay, and no later than 30 calendar days after the application has been made, a reasoned opinion concerning such application to the European Associits submission. The procedure under Article 10 shall apply mutations Amuthorityandis.
Amendment 266 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 19 – paragraph 4
Annex – Part I – Article 19 – paragraph 4
Amendment 267 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 19 – paragraph 5
Annex – Part I – Article 19 – paragraph 5
Amendment 268 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 19 – paragraph 6
Annex – Part I – Article 19 – paragraph 6
Amendment 269 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 19 – paragraph 7
Annex – Part I – Article 19 – paragraph 7
Amendment 270 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 21
Annex – Part I – Article 21
Amendment 271 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 22 – paragraph 2
Annex – Part I – Article 22 – paragraph 2
2. European Associations shall be subject to the provisions of Union and applicable national law concerning taxation, customs, foreign exchange, money laundering and terrorist financing, as well as to the rules regulating the funding of elections and political parties, as applicable to the legal entities identified pursuant to Article 3(2) of this Regulation in the Member State in which they have their registered office.
Amendment 273 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 1
Annex – Part I – Article 23 – paragraph 1
1. Rules on accounting, including the preparation of budget estimates, annual and consolidated accounts of tThe European Association, shall be regulated by the statutes, subject to the provisions of this Regulation and to the provisions applicable to the legal entities identified pursuant to Article 3(2) of this Regulation in the Member State in which the European Association has its registered officekeep full and accurate records of all financial transactions.
Amendment 274 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 – introductory part
Annex – Part I – Article 23 – paragraph 2 – introductory part
2. Notwithstanding paragraph 1, European Associations shall draw up at least once a year:
Amendment 275 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 – point c a (new)
Annex – Part I – Article 23 – paragraph 2 – point c a (new)
(ca) an annual activity report;
Amendment 276 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 – subparagraph 2
Annex – Part I – Article 23 – paragraph 2 – subparagraph 2
Amendment 279 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 a (new)
Annex – Part I – Article 23 – paragraph 2 a (new)
2a. The annual activity report shall contain at least: (a) information on the activities of the European Association; (b) a description of how the public benefit purpose, if granted to the European Association, was promoted during the financial year; (c) a list of gifts received and given.
Amendment 280 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 b (new)
Annex – Part I – Article 23 – paragraph 2 b (new)
2b. The annual accounts of the European Association, duly approved by the governing board, shall be published together with the annual report and the report of the person responsible for auditing the accounts.
Amendment 282 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 3
Annex – Part I – Article 23 – paragraph 3
3. The annual accounts of the European Associations, and, where applicable, their consolidated accounts, shall be audited pursuant to the provisions applicable to the legal entities identified pursuant to Article 3(2) of this Regulation in the Member State in which the European Association has its registered office. The audit shall be carried out at least once every four years and no more than once every two yearsnational law of the Member State in which the European Association has its registered office.
Amendment 284 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 4
Annex – Part I – Article 23 – paragraph 4
4. The report resulting from the audit referred to in paragraph 3 shall be disclosed in the manner provided for by the law of the Member State in which the European Association has its registered office. Where European Associations are not subject, under the law of the Member State in which the European Association has its registered office, to a disclosure requirement, they shall at least make the accounting documents available to the public at its registered office.
Amendment 286 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 5
Annex – Part I – Article 23 – paragraph 5
Amendment 290 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 6
Annex – Part I – Article 23 – paragraph 6
Amendment 292 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 23 – paragraph 7
Annex – Part I – Article 23 – paragraph 7
Amendment 296 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 24 – paragraph 1
Annex – Part I – Article 24 – paragraph 1
1. The supervisory authority shall consult in a timely manner the supervisory authorities of other Member States within the framework of the European Associations Authority on any substantial issues regarding the lawfulness and liability of European Associations registered in the Member State's territoryEach Member State shall designate a supervisory authority and shall inform the Commission thereof.
Amendment 297 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 24 – paragraph 1
Annex – Part I – Article 24 – paragraph 1
1. The supervisory authority shall consult in a timely manner the supervisory authorities of other Member States within the framework of the European Associations Authority on any substantial issues regarding the lawfulness and liability of European Associations registered in the Member State's territory.
Amendment 299 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 24 – paragraph 2
Annex – Part I – Article 24 – paragraph 2
Amendment 301 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 24 – paragraph 3
Annex – Part I – Article 24 – paragraph 3
Amendment 303 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 24 – paragraph 4
Annex – Part I – Article 24 – paragraph 4
Amendment 304 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 24 – paragraph 5
Annex – Part I – Article 24 – paragraph 5
Amendment 305 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 24 – paragraph 6
Annex – Part I – Article 24 – paragraph 6
6. Effective remedies shall be available to European Associations to challenge decisions taken by the supervisory authoritbody, including the possibility to obtain judicial review of any such decisions.
Amendment 308 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 26 – paragraph 2
Annex – Part I – Article 26 – paragraph 2
2. The supervisory authority shall inform the European Associations AuthorityPublications Office of the European Union and the Commission of any dissolution of the European Association pursuant to paragraph 1 no later than 15 calendar days after it has become aware of the dissolution. The European Associations AuthorityPublications Office of the European Union shall, immediately after such notification, publishensure the publication of a notice of dissolution of the European Association in the Official Journal of the European Union and the Commission shall remove the European Association from the digital e-Registry of the Union.
Amendment 309 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 27 – paragraph 1 – introductory part
Annex – Part I – Article 27 – paragraph 1 – introductory part
1. A European Aassociation may be dissolved by bindinga final decision of the European Associations Authority, taken on its own initiative or at the request of the supervisory authoritya court of the Member State in which the European Association has its registered office, if:
Amendment 314 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 27 – paragraph 2
Annex – Part I – Article 27 – paragraph 2
2. ForIn the purposes of paragraph 1, the supervisory authority shall communicate a reasoned opinion concerning the European Association'sevent of compulsory dissolution to, the European Associations Authority. The European Associations Authority shall, within 30 calendar days of receipt of the opinion of the supervisory authority, adopt a binding decision on the European Association's dissolution. That period may be extended by 30 days in duly motivated cases, where the assessment of the application requires such an extensionprocedure laid down in Section 10 shall apply mutatis mutandis.
Amendment 315 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 27 – paragraph 3
Annex – Part I – Article 27 – paragraph 3
Amendment 317 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 27 – paragraph 4
Annex – Part I – Article 27 – paragraph 4
Amendment 319 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 27 – paragraph 5
Annex – Part I – Article 27 – paragraph 5
Amendment 321 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 27 – paragraph 6
Annex – Part I – Article 27 – paragraph 6
6. Upon its publication pursuant to paragraph 5, the dissolution of the European Association shall be effective throughout the territory of the Union.
Amendment 322 #
2020/2026(INL)
Motion for a resolution
Annex – Part I – Article 29 – paragraph 1
Annex – Part I – Article 29 – paragraph 1
Amendment 350 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 1
Annex – Part II – Article 1
This Directive is aimed at providing a common set of measures for non-profit organisations established in the Union in order to secure an enabling environment in which it is possible for these organisations to contribute to the functioning of the internal market. It approximates the laws of the Member States as regards certain aspects of the objectives and activities, registration, operations, financing and cross-border activities of, regulations and administrative provisions of the Member States relating to non-profit organisations as listed in Annex I.
Amendment 353 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 2 – paragraph 2 – introductory part
Annex – Part II – Article 2 – paragraph 2 – introductory part
2. Under this Directive, non-profit organisation refers to any voluntary and permanent grouping of natural or legal persons with a common interest, activity or purposeand/or property association, which, irrespective of the form in which it is established:
Amendment 358 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 2 – paragraph 5
Annex – Part II – Article 2 – paragraph 5
5. Trade unions or foundations, associations or other non-profit bodies with a trade union aim, shall be excluded from the scope of this Directive. However, when implementing this Directive, Member States shall ensure that trade unions or foundations, associations or other non-profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wishshall be excluded from the scope of this Directive.
Amendment 362 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 2 – paragraph 6
Annex – Part II – Article 2 – paragraph 6
6. Organisations with primarily a religious, philosophical and non- confessional aim shall be excluded from the scope of this Directive. However, this exclusion shall not apply to other organisations without such a specific aim, but inspired by religious, philosophical or non-confessional beliefsReligious associations shall be excluded from the scope of this Directive.
Amendment 365 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 5 – paragraph 1
Annex – Part II – Article 5 – paragraph 1
1. Member States shall ensure that no discrimination based on nationalitywith regard to the non- profit organisations established in another Member State derives from national laws, regulations or administrative practices regulating non- profit organisations, including their formation, registration, operations, financing and cross-border activities.
Amendment 384 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point a
Annex – Part II – Article 11 – paragraph 2 – point a
(a) the organisation’s name and address (registered office);
Amendment 385 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point b
Annex – Part II – Article 11 – paragraph 2 – point b
(b) the organisation’s objectives and activities and rights and obligations of its members;
Amendment 386 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point c
Annex – Part II – Article 11 – paragraph 2 – point c
(c) the organisation’s governance rules and, the powers of its governing bodies and the designation of person(s) who act(s) in its name;
Amendment 387 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point c a (new)
Annex – Part II – Article 11 – paragraph 2 – point c a (new)
(ca) the date when the statutes were adopted and the name of signatories;
Amendment 393 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 13 – paragraph 1
Annex – Part II – Article 13 – paragraph 1
1. Member States shall ensure that formal registration is not a preconditionn obstacle for the formation or operations of non- profit organisations established or operating in its territory.
Amendment 394 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 13 – paragraph 6
Annex – Part II – Article 13 – paragraph 6
Amendment 401 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint d
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint d
(d) social justice, including prevention of or relief from povertyassistance;
Amendment 403 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint m
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint m
(m) the promotion of amateur sports.
Amendment 407 #
2020/2026(INL)
Motion for a resolution
Annex – Part II – Article 19 – paragraph 2 – point a
Annex – Part II – Article 19 – paragraph 2 – point a
(a) move its seatregistered office to its territory without the necessity of founding or incorporation as a new legal person;
Amendment 4 #
2020/2019(INL)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 25 May 2016 on Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe (COM(2016)288),
Amendment 5 #
2020/2019(INL)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the Recommendation of the Commission of 1 March 2018 on measures to effectively tackle illegal content online (C(2018) 1177),
Amendment 6 #
2020/2019(INL)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
- having regard to the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market,
Amendment 7 #
2020/2019(INL)
Motion for a resolution
Citation 7 d (new)
Citation 7 d (new)
- having regard to the Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down bylaw, regulation or administrative action in Member States concerning the provision of audiovisual media services,
Amendment 8 #
2020/2019(INL)
Motion for a resolution
Citation 7 e (new)
Citation 7 e (new)
- having regard to the Directive2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography,
Amendment 9 #
2020/2019(INL)
Motion for a resolution
Citation 7 f (new)
Citation 7 f (new)
- having regard to the Directive (EU) 2017/541/EU of the European Parliament and of the Council of 15 March 2017 on combating terrorism,
Amendment 12 #
2020/2019(INL)
Motion for a resolution
Recital A
Recital A
A. whereas digital services, being a cornerstone of the Union’s economy and the livelihood of a large number of its citizens, need to be regulated in a way that balances central concerns like respect for fundamental rights and other rights of citizens, with the need to support development and economic progress, taking into account the interests of users and all market participants, with particular regard to small businesses, SMEs and start-ups;
Amendment 22 #
2020/2019(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas digital services are used by the majority of Europeans on a daily basis, but are subject to an increasingly wide set of rules across the EU leading to significant fragmentation on the market and consequently legal uncertainty for European users and services operating cross-borders, combined with lack of regulatory control on key aspects of today's information environment;
Amendment 23 #
2020/2019(INL)
Motion for a resolution
Recital C
Recital C
C. whereas some businesses offering digital services could enjoy, due to strong data- driven network effects, market dominance that makes it increasingly difficult for other players to compete; this is the current under review; there is currently no clear basis in evidence that so-called network effects have led to a reduction in consumer choice or barriers to entry for new market entrants;
Amendment 29 #
2020/2019(INL)
Motion for a resolution
Recital D
Recital D
Amendment 46 #
2020/2019(INL)
Motion for a resolution
Recital F
Recital F
F. whereas content hosting platforms may determine what content is shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that protects public health and user safety and respects fundamental rights and the civil law rights of the users;
Amendment 48 #
2020/2019(INL)
Motion for a resolution
Recital F
Recital F
F. whereas content hostertaing platforms may determine what content is shown to their users, thereby profoundly influencing the way we obtain and communicate information, to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil lawthe rights of the users;
Amendment 49 #
2020/2019(INL)
Motion for a resolution
Recital G
Recital G
G. whereas upholding the law in the digital world does not only involve effective enforcement of rights, but also, in particular, ensuring access to justice for all; whereas delegation of the taking of decisions regarding the legality of content or of law enforcement powers to private companies can undermine the right to a fair trial and risks not to provide an effective remedy; whereas taking of decisions of digital service providers should be complemented by a fast-track legal procedure with adequate guarantees;
Amendment 54 #
2020/2019(INL)
Motion for a resolution
Recital H
Recital H
Amendment 58 #
2020/2019(INL)
Motion for a resolution
Recital H
Recital H
H. whereas content hosting platforms often employ automated content removal mechanisms that raise legitimate rule of law concerns, in particular when they are encouraged to employ such mechanismsWhereas, while removing unlawful content, content hosting platforms often cannot operate without mechanisms for the automatic detection and removal of content in other cases where content removal has no clear legal basis and is done pro-actively and voluntarily, resulting in content removal taking place without a clear legal basis, which is in contravention of; whereas the removal of content by content hosting platforms may raise legitimate concerns in terms of respect for the rule of law and compliance with Article 10 of the European Convention on Human Rights, stating that formalities, conditions, restrictions or penalties governing the exercise of freedom of expression and information must be prescribed by law;
Amendment 60 #
2020/2019(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas automated content removal mechanisms of digital service providers should be proportionate, covering only those justified cases, where the benefits of removing content outweigh the potential disadvantages of keeping content online; whereas these procedures should be also transparent and their terms and conditions should be made known prior to the users would use the service;
Amendment 61 #
2020/2019(INL)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas Article 11 of the Charter also protects the freedom and pluralism of the media, which are increasingly dependent on online platforms to reach their audiences; whereas online platforms should not interfere with media content;
Amendment 81 #
2020/2019(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that the Commission submit without undue delay a set of legislative proposals comprising a Digital Services Act with a wide material, personal and territorial scope, including the recommendations as set out in the Annex to this resolution; considers that, without prejudice to detailed aspects of the future legislative proposals, Article 114 of the Treaty on the Functioning of the European Union should be chosen as the legal basis;
Amendment 86 #
2020/2019(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that the Digital Services Act include a regulation that establishes contractual rights as regards content management, lays down transparent, binding and uniform standards and procedures for content moderation, andprovide digital service providers with a clear and up-to-date innovation friendly regulatory framework, protect users when accessing digital services, guarantees accessible and independent recourse to judicial redress and ensure the necessary cooperation among Member States;
Amendment 93 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Proposes that the Digital Services Act follow a sector and problem-specific approach and make a clear distinction between illegal and harmful content when elaborating the appropriate policy options;
Amendment 96 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that any new framework established in the Digital Services Act should be manageable for small businesses, SMEs and start-ups and should therefore include proportionate obligations and clear safeguards for all sectors;
Amendment 97 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Proposes that the Digital Services Act introduces enhanced transparency rules for social media platforms in order to disclose the funding and the power of interest groups behind those using the digital services in order to show who is legally responsible for the content;
Amendment 98 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Proposes that the Digital Services Act set the obligation for digital service providers without a permanent establishment in the EU to designate a legal representative for the interest of users within the European Union and to make the contact information of this representative visible and accessible on its website;
Amendment 99 #
2020/2019(INL)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Underlines the importance that online platforms hosting or moderating content online should bear more responsibility for the content they host and should act in order to proactively prevent illegality;
Amendment 105 #
2020/2019(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that following the actions of digital service providers any final decision on the legality of user- generated content must be made by an independent judiciary and not a private commercial entity;
Amendment 110 #
2020/2019(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the regulation must proscribe content moderation practices that are discriminatoryproportionate or unduly go beyond the purpose of protection under the law;
Amendment 114 #
2020/2019(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Insists that the rules must also proscribe platforms’ practices that interfere with media freedom and pluralism, in particular by prohibiting platforms from exercising a second layer of control over content that is provided under a media service provider’s responsibility and is subject to specific standards and oversight;
Amendment 118 #
2020/2019(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends the establishment of a European Agency tasked with monitoring and enforcing compliance with contractual rights as regards content management, auditing any algorithms used fornetwork of national authorities tasked with monitoring the practice of automated content moderationfiltering and curation, and imposing penalties for non-compliancereporting to the EU institutions;
Amendment 122 #
2020/2019(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends the establishment of a European Agency tasked with monitoring and enforcing compliance with contractual rights as regards content management, auditing any algorithms used for automated content moderation and curation, and imposing penalties for non-complianceat procedures be established to enable intensive cooperation between the Member States' authorities, the European Commission, the private sector, academia and civil society on content moderation and continuous improvement;
Amendment 127 #
2020/2019(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platforms regularly submit transparency reports to the European Agency, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms make available in an easy and accessible manner, their content policies and publish their decisions on removing user-generated content on a publicly accessible database;
Amendment 129 #
2020/2019(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platformdigital service providers regularly submit transparency reports to the European Agencynetwork of national authorities and the European Commission, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms publish, statistics and data related to the automated content filtering and their decisions on removing user- generated content on a publicly accessible database;
Amendment 131 #
2020/2019(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platforms regularly submit transparency reports to the European Agency, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database; provide aggregated data on content removal for the production of studies to help set appropriate content management rules; further suggests that the Commission has, based on available data, continuously evaluated the timeliness of content management rights, transparent, binding and uniform standards and content moderation procedures;
Amendment 138 #
2020/2019(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. RecommendConsiders the establishment of independent dispute settlement bodies in the Member States, tasked with settling disputes regarding content moderation;
Amendment 139 #
2020/2019(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the firm position that the Digital Services Act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European Agency to ensure that there is compliance with the Digital Services Act, where a platform uses a mechanism for fully automated ex-ante controls of content, it must be subject to checks on the legality of that mechanism;
Amendment 149 #
2020/2019(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the firm position that the Digital Services Act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content, and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the European Agency to ensure that there is compliance with the Digital Services Actdigital service providers to employ automated filtering mechanism that goes beyond the level of protection required by the law, however encourages digital service providers to employ such a mechanism in order to combat against illegal content online;
Amendment 151 #
2020/2019(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the user-targeted amplification of content based on the views or positions presented in such content is one of the most detrimental practices in the digital society, especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements; Considers in this respect that new rules should, on top of bringing transparency and fairness, secure access to diverse and quality content in today’s digital environment and calls on the Commission to propose safeguards ensuring quality media content is easy to access and easy to find on third party platforms.
Amendment 153 #
2020/2019(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the user-targeted amplification of content based on the views or positions presented in such content is one of a practice on which further most detrimental practices in the digital society, especially innitoring might be required therefore the Commission should pay attention to and analysis the impact of cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements;
Amendment 157 #
2020/2019(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 161 #
2020/2019(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes however that targeted advertising is currently ruled by the General Data Protection Regulation which as to be properly enforced in the Union before any new legislation in this field would be considered;
Amendment 163 #
2020/2019(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends, therefore, that the Digital Services Act set clear boundaries as regards the terms for accumulation of data for the purpose ofintroduces rules in order to enhance transparency related to targeted advertising, especially when data are tracked on third party websites;
Amendment 164 #
2020/2019(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends, therefore, that the Digital Services ActEuropean legal framework set clear boundaries as regards the terms for accumulation of data for the purpose of targeted advertising, especially when data are tracked on third party websites;
Amendment 170 #
2020/2019(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 174 #
2020/2019(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to assess the possibility of defining fair contractual conditions to facilitate data sharing and increase transparency with the aim of addressing imbalances in market power; suggests, to this end, to explore options to facilitate the interoperability and portability of data;
Amendment 179 #
2020/2019(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for content hosting platforms to give users the choice of whether to consent to the use of targeted advertising based on the user’s prior interaction with content on the same content hosting platform or on third party websites; further calls on the platforms to create an advertising archive that is publicly accessible; further recommends that the platforms cooperate with fact checkers in order to indicate the misinformation present on a platform and possible further steps;
Amendment 192 #
2020/2019(INL)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Suggests to create a common understanding on what constitutes false or misleading advertisement;
Amendment 196 #
2020/2019(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Regrets the existing information asymmetry between content hosting platforms and public authorities and calls for a streamlined exchange of necessary informationCalls for a streamlined exchange of necessary information between digital service providers and public authorities;
Amendment 207 #
2020/2019(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly recommends that smart contracts include mechanisms that can halt their execution, in particular to take account of concerns of weaker parties and to ensure that the rights of creditors in insolvency and restructuring are respectedConsiders that necessary steps should be taken in order to ensure equality between the parties in case of smart contracts for which the Commission should examine the modalities;
Amendment 212 #
2020/2019(INL)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 213 #
2020/2019(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 216 #
2020/2019(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 219 #
2020/2019(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 234 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – introductory part – indent 6
Annex I – part A – introductory part – indent 6
Amendment 235 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – introductory part – indent 7
Annex I – part A – introductory part – indent 7
- The proposal addresraises the necessity for the proper regulation of civil and commercial law aspectsed for assessment in the field of distributed ledger technologies, including block chains and, in particular, smart contracts.
Amendment 237 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – introductory part – indent 8
Annex I – part A – introductory part – indent 8
- The proposal raises the importance of pbrivate international law rules that provide legal clarity and certainty with respect tonging clarity on the non-negotiable terms and conditions used by online platforms and, ensure the rights to access to data soand guarantee thate access to justice is appropriately guaranteed.
Amendment 238 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – introductory part
Annex I – part A – part I – introductory part
The key elements of the proposals to be included in the Digital Services Act should beDigital Services Act should reflect among others the following elements of the proposals, on the basis of a proper public consultation and impact analysis:
Amendment 239 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –introductory part
Annex I – part A – part I – section 1 –introductory part
A regulation ‘on contractual rights as regards content management’ and that contains the following elements:
Amendment 241 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –– indent 1 a (new)
Annex I – part A – part I – section 1 –– indent 1 a (new)
- It should build upon the home state control principle, by updating its scope in light of the increasing convergence of user protection.
Amendment 242 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –– indent 1 b (new)
Annex I – part A – part I – section 1 –– indent 1 b (new)
- It should make a clear distinction between illegal and harmful content when it comes to applying the appropriate policy options.
Amendment 243 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 1 c (new)
Annex I – part A – part I – section 1 –indent 1 c (new)
- It should avoid extending its scope that would conflict with existing sectorial rules already in force such as the Copyright Directive or other existing European law in the media and audio- visual field.
Amendment 244 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 2
Annex I – part A – part I – section 1 –indent 2
- It should provide principles for content moderation, including as regards discriminatory content moderation practices.
Amendment 247 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 2 a (new)
Annex I – part A – part I – section 1 –indent 2 a (new)
- The involvement of the scientific community should be enhanced so that the interests of the European academic community are taken into account when drafting a legislative act.
Amendment 249 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 3
Annex I – part A – part I – section 1 –indent 3
- It should provide formal and procedural standards for a deterrent and a notice -and -action systemechanism.
Amendment 250 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 3
Annex I – part A – part I – section 1 –indent 3
- It should provide formal and procedural standards for a notice and action system by following a sector-specific approach.
Amendment 252 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 3 a (new)
Annex I – part A – part I – section 1 –indent 3 a (new)
- It should assess the use of digital technology instruments for the deterrence of illegal content online
Amendment 254 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 1 –indent 4
Annex I – part A – part I – section 1 –indent 4
- It should provide rules for an independent dispute settlement mechanism by respecting the national competences of the Member States.
Amendment 260 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – introductory part
Annex I – part A – part I – section 2 – introductory part
A European Agency on Content Management should be established with the following main tasksn independent European content management expert committee, composed of experts from the Member States, independent academics and experts on online platforms, should be established and should:
Amendment 264 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – introductory part
Annex I – part A – part I – section 2 – introductory part
A European Agency on Content Managementnetwork of national authorities should be established with the following main tasks:
Amendment 266 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 1
Annex I – part A – part I – section 2 – indent 1
Amendment 267 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 1
Annex I – part A – part I – section 2 – indent 1
- regular auditmonitoring of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation;
Amendment 269 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 1 a (new)
Annex I – part A – part I – section 2 – indent 1 a (new)
- regular monitoring the practice of automated content filtering and curation, and reporting to the EU institutions;
Amendment 271 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 2
Annex I – part A – part I – section 2 – indent 2
Amendment 272 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 2
Annex I – part A – part I – section 2 – indent 2
- regular review of the compliance of content hosting platforms with the Regulation and other provisions that form part of the Digital Services Act, in particular as regards the correct implementation of the standards for notice-and-action procedures and content moderation in their terms and conditions, on the basis of transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the Digital Services Act;
Amendment 275 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 3 a (new)
Annex I – part A – part I – section 2 – indent 3 a (new)
- cooperate and coordinate with the national authorities of Member States related to the implementation of the Digital Services Act.
Amendment 277 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4
Annex I – part A – part I – section 2 – indent 4
Amendment 279 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – introductory part
Annex I – part A – part I – section 2 – indent 4 – introductory part
- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non- compliance should include:reporting to the Commission detected non-compliance with the rules established by the Digital Services Act including publishing biannual reports on all of its activities.
Amendment 282 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 1
Annex I – part A – part I – section 2 – indent 4 – subi. 1
Amendment 283 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 1
Annex I – part A – part I – section 2 – indent 4 – subi. 1
Amendment 287 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 2
Annex I – part A – part I – section 2 – indent 4 – subi. 2
Amendment 289 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 2
Annex I – part A – part I – section 2 – indent 4 – subi. 2
Amendment 292 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Amendment 294 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Amendment 299 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Amendment 301 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Amendment 306 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 5
Annex I – part A – part I – section 2 – indent 4 – subi. 5
Amendment 307 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 5 a (new)
Annex I – part A – part I – section 2 – indent 4 – subi. 5 a (new)
- publication of studies with proposals for measures aimed at helping increase the competitiveness and growth of micro, small and medium-sized enterprises.
Amendment 309 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 3 –– introductory part
Annex I – part A – part I – section 3 –– introductory part
The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the AgencyCommission and the network of national authorities. Such reports should, in particular, include:
Amendment 311 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part I – section 3 –– introductory part
Annex I – part A – part I – section 3 –– introductory part
The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the Agencycommittee. Such reports should, in particular, include:
Amendment 320 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section1 – introductory part
Annex I – part A – part II – section1 – introductory part
Measures regarding content curation, data and online advertisements, including political advertising to achieve politically motivated goals, in breach of fair contractual rights of users should include:
Amendment 321 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – introductory part
Annex I – part A – part II – section 1 – introductory part
Measures regarding content curation, data and online advertisements in breach of fair contractual rights of users should include:
Amendment 322 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 1
Annex I – part A – part II – section 1 – indent 1
- Measures to limit the data collected by content hosting platforms, based on interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements, while in the case of political advertising, the measures should be limited to the requirement of transparency in terms of clearly identifying political advertising, the possibility of identifying its sponsor and the entity in whose favour the advertisement was commissioned, and the obligation to indicate that it is political advertising should fall to its sponsor and be backed up by appropriate enforcement tools.
Amendment 326 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 1 – indent 1 a (new)
Annex I – part A – part II – section 1 – indent 1 a (new)
- In the context of political advertising, it would be appropriate to address the phenomenon of troll farms (also known as troll factories or web brigades) of anonymous commentators on political events who appear on social networks under a massive number of fake user profiles to manipulate public opinion, and to explore various options to combat this frequently cross-border interference in political competition, for instance promoting the concept of trusted personal profiles and possible synergies with efforts to build a European blockchain-based electronic identity verification service.
Amendment 335 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 2
Annex I – part A – part II – section 2
Amendment 337 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 2 – indent 1
Annex I – part A – part II – section 2 – indent 1
Amendment 347 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 3 – indent 1
Annex I – part A – part II – section 3 – indent 1
- measures ensuring that the proper legislative framework is in place for the development and deployment of digital services making use ofincluding distributed ledger technologies, including such as block chains, and in particular for smart contracts,
Amendment 348 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 3 – indent 2
Annex I – part A – part II – section 3 – indent 2
Amendment 350 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 3 – indent 2 a (new)
Annex I – part A – part II – section 3 – indent 2 a (new)
- measures to ensure equality between the parties in case of smart contracts, taking into account in particular the interest of small businesses and SMEs, for which the Commission should examine possible modalities.
Amendment 351 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4
Annex I – part A – part II – section 4
Amendment 352 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4 – indent 1
Annex I – part A – part II – section 4 – indent 1
Amendment 356 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4 – indent 2
Annex I – part A – part II – section 4 – indent 2
Amendment 358 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4 – indent 3
Annex I – part A – part II – section 4 – indent 3
Amendment 359 #
2020/2019(INL)
Motion for a resolution
Annex I – part A – part II – section 4– final part
Annex I – part A – part II – section 4– final part
Amendment 360 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 1
Annex I – part B – recital 1
(1) The terms and conditions that providers of information society servicedigital service providers apply in relations with users are often non- negotiable and can be unilaterally amended by those providers. Action at a legislative level is needed to put in place minimum standards for such terms and conditions, in particular as regards procedural standards for content management;
Amendment 368 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 5
Annex I – part B – recital 5
(5) Concerning relations with users, this Regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should include transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress.
Amendment 369 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 6
Annex I – part B – recital 6
Amendment 377 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 9
Annex I – part B – recital 9
Amendment 383 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 9 a (new)
Annex I – part B – recital 9 a (new)
(9a) This Regulation does not prevent platforms from using an automated content mechanism where necessary and justified, and in particular promotes the use of such mechanism in the case the illegal nature of the content has either been established by a court or it can be easily determined without contextualisation.
Amendment 384 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 10
Annex I – part B – recital 10
(10) This Regulation should also include provisions against discriminatory content moderation practices, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social clasunjustified content moderation practices.
Amendment 386 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 11
Annex I – part B – recital 11
(11) The right to issue a notice pursuant to this Regulation should remain with any natural or legal person, including public bodies, to which content is provided through a website or application. A content hosting platform should, however, be able to block a user who repeatedly issues false notices from issuing further notices.
Amendment 388 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 12
Annex I – part B – recital 12
Amendment 391 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 14
Annex I – part B – recital 14
(14) Given the immediate nature of content hosting and the often ephemeral purpose of content uploading, it is necessary to establish independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse. Such bodies should be competent to adjudicate disputes concerning the legality of user-uploaded content and the correct application of terms and conditionsrecourse, however such process should not prevent the user right of access to justice.
Amendment 398 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 17
Annex I – part B – recital 17
(17) As regards jurisdiction, the competent independent dispute settlement body should be that located in the Member State in which the content forming the subject of the dispute has been uploadedCircumstances on the basis of which jurisdiction should be established must be in the interests of the users, so that both the place where the content has been uploaded and downloaded shall be deemed to constitute a ground of jurisdiction.
Amendment 399 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 18
Annex I – part B – recital 18
Amendment 401 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 20
Annex I – part B – recital 20
(20) Since the objective of this Regulation, namely to establish a regulatory framework for contractual rights as regards content management in the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects can , be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 402 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 21
Annex I – part B – recital 21
Amendment 403 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 21
Annex I – part B – recital 21
(21) Action at Union level as set out in this Regulation would be substantially enhanced with the establishment of a Union agency tasked with monitoring and ensuring compliance by content hosting platforms with the provisions of this Regulation. The Agencycreation of an independent European expert committee to propose measures to increase transparency, competitiveness and the growth of micro, small and medium-sized enterprises, in cooperation with Member States, the private sector, European academia and civil society. The committee should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting platforms for the purpose of content management.
Amendment 407 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – recital 21 a (new)
Annex I – part B – recital 21 a (new)
(21a) This regulation must be based on a thorough impact study of the intended initiative, which will clearly demonstrate the need for new rules for information society service providers. This impact study will need to actively involve industry stakeholders providing information society services, which will be most affected by the potential initiative, and whose practical day-to-day experience will be of the greatest value in the design and evaluation of the impact study itself, and thus in the assessment of the need for the aforementioned initiative.
Amendment 409 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 1 – paragraph 1
Annex I – part B – Article 1 – paragraph 1
The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying down rules to ensure that fair contractual rights exist as regards content management andprovide digital services providers with a clear, uniform, and up-to-date innovation friendly regulatory framework in the Single Market, to provide independent dispute settlement mechanisms for disputes regarding content managementtect, enable, and empower users when accessing digital services and to ensure the necessary cooperation among Member States in order to have an oversight of digital service providers in the EU.
Amendment 411 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 2 – paragraph 1
Annex I – part B – Article 2 – paragraph 1
This Regulation applies to the management by content hosting platforms of content that isproviders offering digital service accessible on websites or through smart phone applications in the Union, irrespective of the place of establishment or registration, or principal place of business of the content hosting platform., in particular online platforms such as social media, search engines, online marketplaces or collaborative economy services
Amendment 415 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 3 –point 1
Annex I – part B – Article 3 –point 1
(1) ‘content hosting platform’ means an provider of information society service within the meaning of point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council1 of whichs consisting of the storage of information provided by the recipient of the service at his or her request, within the maeaning or one of the main purposes is to allow signed-up or non- signed-up users to upload content for display on a website or applicatf Article 14 of Directive 2000/31/EC ,irrespective of its place of establishment, which directs its activities to users residing in the Union; __________________ 1 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 417 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 3 –point 2
Annex I – part B – Article 3 –point 2
(2) ‘'illegal content’' means any concept, idea, expression or information in any format such as text, images, audio and videoinformation which is not in compliance with Union law or the law of a Member State concerned;
Amendment 426 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 1
Annex I – part B – Article 4 – paragraph 1
1. Content management shall be conducted in a fair, lawful and transparent manner. Content management practices shall be appropriate, relevant and limiproportionated to what is necessary in relation to the purposes for which the content is managed.
Amendment 428 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 – paragraph 2
Annex I – part B – Article 4 – paragraph 2
Amendment 434 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 a (new)
Annex I – part B – Article 4 a (new)
Amendment 437 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 4 b (new)
Annex I – part B – Article 4 b (new)
Article 4b Transparency obligation 1. Digital services actively hosting or moderating online content shall take the necessary measures in order to disclose the funding and the power of interest groups behind those using their services so that the person legally responsible and accountable should be identifiable. 2. Digital service providers without a permanent establishment in the EU shall designate a legal representative for user interest within the European Union and make the contact information of this representative visible and accessible on their websites.
Amendment 441 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 5 – subparagraph 2
Annex I – part B – Article 5 – subparagraph 2
Amendment 469 #
Amendment 470 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1
Annex I – part B – Article 12 – paragraph 1
Amendment 474 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 12 – paragraph 1 a (new)
Annex I – part B – Article 12 – paragraph 1 a (new)
Digital service providers should act expeditiously to make unavailable or remove illegal content that has been notified to them and make best efforts to prevent future uploads of the same content.
Amendment 476 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 1
Annex I – part B – Article 13 – paragraph 1
1. Member States shallmay establish independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse when decisions on content moderation are appealed against.
Amendment 478 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 13 – paragraph 4
Annex I – part B – Article 13 – paragraph 4
Amendment 483 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 3
Annex I – part B – Article 14 – paragraph 3
Amendment 485 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 14 – paragraph 3 a (new)
Annex I – part B – Article 14 – paragraph 3 a (new)
3a. Both the place where the content has been uploaded and accessed shall be deemed to constitute a ground of jurisdiction
Amendment 488 #
2020/2019(INL)
Motion for a resolution
Annex I – part B – Article 17
Annex I – part B – Article 17
Amendments to Directive (EU) 2019/1937 Directive (EU) 2019/1937 is amended as follows: (1) following point is added: “(xi) online content management;”; (2) following point is added: “K. Point (a)(xi) of Article 2(1) - online content management. Regulation [XXX] of the European Parliament and of the Council on contractual rights as regards content management.”.rticle 17 deleted in point (a) of Article 2(1), the in Part I of the Annex, the
Amendment 5 #
2020/2016(INI)
Draft opinion
Recital A
Recital A
A. whereas the right to fair trial is a fundamental right which also applies to enforcement of the law and taking into account that AI-based technologies could also have an impact on different human rights;
Amendment 17 #
2020/2016(INI)
Draft opinion
Recital B
Recital B
B. whereas technologies such as artificial intelligence (AI) and related technologies willcan bring significant benefits in the area of criminal law such as contributeing to the reducing of crime rates, the use of statistical data analytics in crime analysis and prevention, and the more effective and efficient detection and investigation of criminal cases, as well as operation of criminal justice systems;
Amendment 34 #
2020/2016(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises the importance of consideringtaking into account the ethical and operational implications of the use of AI and related technologies within criminal justice systems as well as liability and evidentiary issues in case of potential faults associated with operation of AI - systems;
Amendment 43 #
2020/2016(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of being able to access AI-produced or AI-assisted outputs for notification procedures and the role of AI and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance, transparency and accountabilityStresses– on one hand - the importance of the role and the potential of AI and related technologies in criminal law enforcement and crime prevention, in particular regarding the analysis of large amounts of evidence in criminal investigations and the identification of suspected persons or victims of crime; on the other hand emphasises the risk of biased decisions based on the use of AI technologies and the need for thorough discussions to avoid such decisions;
Amendment 53 #
2020/2016(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines the importance of human-in-command principle and verification of AI-produced or AI-assisted outputs; and recalls the importance of questions related to governance, transparency, explainability and accountability to ensure respect for fundamental rights and avoid potential faults in the AI;
Amendment 62 #
2020/2016(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the recommendations of the Commission’s High-Level Expert Group on AI for a proportionate, considerate and risk-based use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urgesuggests the Commission to assess how to effectively incorporate these effectively;
Amendment 70 #
2020/2016(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it necessary to clarifyanalyse whether law enforcement decisions canould possibly be delegated to AI and if yes, under which conditions and in which regards could Member States allow such use of AI; stresses the need to develop codes of conduct for the design and use of AI to help law enforcersment and judicial authorities in case law enforcement decisions would be delegated to AI; refers to the ongoing work in the Committee on Legal Affairs.
Amendment 114 #
2020/2015(INI)
11. Looks forward to a review of the current policy on trade marks andindustrial designs, as these can be generated autonomously by AI applications;
Amendment 75 #
2020/2014(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the existing fault- based tort law of the Member States offers in most cases a sufficient level of protection for persons that suffer harm caused by an interfering third person like a hacker or whose property is damaged by such a third person, as the interference regularly constitutes a fault-based action; notes that only for cases in which the third person is untraceable or impecunious, or cases in which it would be disproportionately difficult for the injured party to bear the burden of proof, additional liability rules seem necessary;
Amendment 30 #
2020/2012(INL)
Motion for a resolution
Recital E
Recital E
E. whereas such questions should be addressed through a comprehensive and future-proof legal frameworkthere are new issues arising related to the existing legal framework; whereas the legal framework should be future-proof and should reflecting the Union’s principles and values as enshrined in the Treaties and the Charter of Fundamental Rights that would bring legal certainty to businesses and citizens alike;
Amendment 53 #
2020/2012(INL)
Motion for a resolution
Recital K
Recital K
K. wWhereas eachthe Member State shoulds may, depending on their capacities, consider establishing a national supervisory authority responsible for ensuring, assessing and monitoring compliance, and for enabling discussion and exchange of points of view in close cooperation with the concerned stakeholders and the civil society;
Amendment 64 #
2020/2012(INL)
Motion for a resolution
Recital L
Recital L
L. whereas Parliament continues to calls for the establishment of a European Agency to ensure a harmonised approach to be ensured across the Union and addressfor the new opportunities and challenges to be addressed within its framework, in particular those of a cross- border nature, arising from ongoing technological developments.
Amendment 85 #
2020/2012(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the determination of whether artificial intelligence, robotics and related technologies are to be considered high-risk as regards compliance with ethical principles should always follow from an impartial, regulated and external assessmentbe the subject of further discussion;
Amendment 104 #
2020/2012(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that explainability is essential to ensuring that citizens trust these technologies, even if the degree of explainability is relative to the complexity of the technologies, and that it should be complemented by auditability and traceability of the records of their activities;
Amendment 157 #
2020/2012(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that when remote recognition technologies are used by public authorities during times of national emergency, such as during a national health crisis, their use should always be proportionate, transparent, limited in time and respectful of human dignity and fundamental rights;
Amendment 173 #
2020/2012(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Observes that data are used in large volumes in the development of artificial intelligence, robotics and related technologies and that the processing, sharing of and access to such data must be governed in accordance with the requirements of quality, integrity, interoperability, security, privacy and control;
Amendment 188 #
2020/2012(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the added value of havingpossible role of national supervisory authorities in each Member State responsible for ensuring, assessing and monitoring compliance with ethical principles for the development, deployment and use of artificial intelligence, robotics and related technologies;
Amendment 193 #
2020/2012(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Indicates that such authorities shouldmay liaise not only among themselves but also with the European Commission and other relevant institutions, bodies, offices and agencies of the Union in order to guarantee coherent cross-border action;
Amendment 199 #
2020/2012(INL)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls foronsiders that such authorities tocould be tasked with promoting regular exchanges with civil society and innovation within the Union by providing assistance to concerned stakeholders, in particular small and medium-sized enterprises or start-ups;
Amendment 213 #
2020/2012(INL)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 239 #
2020/2012(INL)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Suggests that the European Agency for Artificial Intelligence develops common criteria and an application process relating toe development of common criteria and procedures governing the granting of a European certificate of ethical compliance following a request by any developer, deployer or user seeking to certify the positive assessment of compliance carried out by the respective national supervisory authority;
Amendment 255 #
2020/2012(INL)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 257 #
2020/2012(INL)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Concludes, following the above reflections on aspects related to the ethical dimension of artificial intelligence, robotics and related technologies, that the ethical dimension should be framed as a series of principles resulting in a legal framework at Union level supervised by national competent authorities, coordinated and enhanced by a European Agency for Artificial Intelligence and duly respected and certified within the internal marketwhile making maximum use of the existing legal framework;
Amendment 232 #
2020/0361(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, illegally traded animals, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 251 #
2020/0361(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. Closed groups consisting of a definite number of predetermined users should be recognised as a means of dissemination to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall outside the scope of this Regulation. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36
Amendment 410 #
2020/0361(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. For swift action against the appearance of illegal content, technological means including application programming interfaces of trusted flaggers shall be put at the service of online platforms. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 480 #
2020/0361(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products, and illegally traded animals. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.
Amendment 719 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against remuneration specifically for promoting that information;
Amendment 729 #
2020/0361(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, prevention, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
Amendment 1371 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained and verified the validity of the following information:
Amendment 1397 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point f a (new)
Article 22 – paragraph 1 – point f a (new)
(fa) product safety information such as product labelling and registration number, where applicable, for the mitigation of risks posed by specific types of products.
Amendment 1407 #
2020/0361(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by an authorized administrator or a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources.
Amendment 1501 #
2020/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
Article 24 – paragraph 1 – point c a (new)
(ca) A provider shall not allow any post which the provider knows to be false or misleading with the objective to promote the selling or supply that results from the publication or display being made.
Amendment 20 #
2019/2207(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EAW procedure is a simplified and fast-track judicial surrender procedure whichand EAW, since its launch, has been the flagship and most used instrument for mutual recognition in criminal matters; EAW is not a judicial procedure but a judicial decision sui generis.
Amendment 26 #
2019/2207(INI)
B. whereas the EAW is a success and has replaced extraditions with transfsurrenders; whereas transfsurrenders have been shortened to 40 days on average where the individual does not consent;
Amendment 51 #
2019/2207(INI)
Motion for a resolution
Recital K
Recital K
Amendment 84 #
2019/2207(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that such problems relate to prison conditions, proportionality, the execution of custodial sentences23 , time limits24 and in absentia decisions; acknowledges that certain cases raised the issue of double criminality25 ; _________________ 23 CJEU, C-579/15, Popławski. 24 CJEU, C-168/13 PPU, Jeremy F. 25With guidance from C-289/15, Grundza, referring to Council Framework Decision 2008/909/JHA.
Amendment 96 #
2019/2207(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 112 #
2019/2207(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that a double criminality check limits mutual recognition and, according to the CJEU, must be interpreted restrictively; notes that mutual recognition should ideally work automatically27 ; _________________ 27See, for example, the Commission communication of 26 July 2000 on the Mutual Recognition of Final Decisions in Criminal Matters (COM(2000)0495).
Amendment 119 #
2019/2207(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to analyse common offences in the Member States and to assess the possibility of expanding the list of offences that do not require a double criminality check; highlights the importance of assessing the inclusion of additional offences such as particular environmental crimes (e.g. ship-source pollution offences), hate crimes, sexual abuse, offences committed through digital means such as identity theft, offences against public order and the constitutional integrity of the Member States, crimes of genocide, crimes against humanity and war crimes;which are already harmonised on the EU level.
Amendment 130 #
2019/2207(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 139 #
2019/2207(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of defining more precisely the duties and competencies of the bodies involved in EAW procedures and ensuring that they are specialised and have practical experience; aAffirms that a broad margin of discretion for the executing authority is scarcely compatible with mutual recognition; considers that discretion should be limited in cases of double criminality;
Amendment 163 #
2019/2207(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to launch asupport and eventually further develop The European Judicial Training Network (EJTN) and existing national training platforms for experts and practitionersjudiciary on mutual recognition instruments, including the EAW; affirms that it should provide them with knowledge about the close relationship between instruments, including a common space to exchange experiences;
Amendment 166 #
2019/2207(INI)
24. Notes that cooperation between authorities, including compliance on fundamental rights, can be improved by using technology and digitalisation; requests that a centralised database be developed on national EAW application (as with other areas of EU law)28 ; _________________ 28See the EPRS European Implementation Assessment of June 2020 on the EAW.
Amendment 189 #
2019/2207(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 201 #
2019/2207(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to provide an assessment of ne bis in idem and possible legislative action;
Amendment 211 #
2019/2207(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 219 #
2019/2207(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to conduct a cross-case study of instruments so as to prevent abnormalities, as with the rules on transfer of prisoners and EAWmutual recognition instruments;
Amendment 222 #
2019/2207(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. States that coherency issues must be addressed by practical measures (training of practitioners), soft law (handbooks and recommendations), very targeted legislation (the definition of judicial authority, ne bis in idem, fundamental rights, etc.) and supplementing legislation (pre-trial detention);
Amendment 226 #
2019/2207(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 8 #
2019/2058(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Points out that the ‘European Judicial Network’, which includes the Member States’ constitutional and supreme courts, has been set up and is be, with the Court of Justice playing a coordinated by the Court of Justiceing role, and calls for it to be developed and improved;
Amendment 15 #
2019/2058(DEC)
Draft opinion
Paragraph 10
Paragraph 10
10. Questions whether it was necessary and effective, however, to double the number of judges at the General Court, a decision which has been openly challenged by former judge Franklin Dehousse (Le Jeudi, 30 April 2019), and by the Court of Auditors, which noted that, in 2016, the General Court had begun ‘to reduce the significant backlog of cases that had built up’ before that decision even took effect (Special Report No 14/2017, ‘Performance review of case management at the Court of Justice of the European Union’, paragraph 90, p. 45); points out, as the Court of Auditors did, that, in the interests of the sound management of public funds, ‘[b]y 26 December 2020, the Court of Justice must report to the European Parliament, the Council and the Commission on the functioning of the General Court, covering [...] the necessity and effectiveness of the increase to 56 Judges’ (ibid, footnote 13, p. 15).
Amendment 2 #
2019/2028(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the internal market remains one of the Union’s greatest and most tangible achievements, bringing benefits to businesses, consumers and citizens across Europe; further deepening the Single Market and developing the Digital Single Market should be prioritised in the 2020 Budget; in this context stresses that it is important to systematically monitor advances, detect emerging issues and provide policy recommendations for the further development of the Digital Single Market;
Amendment 8 #
2019/2028(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the importance of a robust consumer policy that givebrings protection and, predictability to consumers and fights against unfair commercial practices both offline and online, and confidence to businesses to provide their goods and services across the internal market;
Amendment 14 #
2019/2028(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of appropriately financing the transition to a fully automated customs operation, in the interests of greater efficiency for European companies and streamlined protection for consumers; to this end, it is essential to increase the funding of the Customs 2020 programme which contains cooperation mechanisms that allow customs authorities and officers across the union to exchange and share information and best practices and to ensure funding for purchase and maintenance of up-to date, efficient Customs control equipment;
Amendment 16 #
2019/2028(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the importance of single market for services; calls on the EU to commit additional funding to the completion of the internal market in services and encourage the development of new and innovative services;
Amendment 24 #
2019/2028(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Reminds that the Commission and the Member States have already accumulated delays in the scheduled implementation of the Union Customs Code, and consequently strongly regrejects the reduction in the budget appropriations for “supporting the functioning and modernisation of the customs union” (budget line 14 02 01), which could lead to further delays and undermine the enhancement of the efficiency of custom controls throughout the EU;
Amendment 271 #
2019/0254(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Paragraph 1 shall not apply to payment entitlements allocated to farmers on the basis of factually incorrect applications, except in cases where the error could not reasonably have been detected by the farmer or in violation of the rule on the conflict of interests, as stated in Article 61 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council 1a, except in cases where the error could not reasonably have been detected by the farmer. __________________ 1aRegulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
Amendment 20 #
2018/2109(INI)
Motion for a resolution
Recital E
Recital E
E. whereas implementfull application of the UCC will be delayed and deferred until after 31 December 2020;
Amendment 48 #
2018/2109(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to update its UCC work programme to take account of the extension to the transitional period that it has proposed (COM(2018)0085) and as adopted by Parliament and the Council; calls on Parliament and the Council to work to ensure the prompt adoption of a decision on that extension while making it subject to the conditions needed for successful deployment of the customs IT architecture; points out, as the European Court of Auditors has done, that, as the same causes produce the same effects, the process of updating the 2017 multiannual strategic plan, by concentrating the introduction of six IT tools in the same year, poses a major risk that deployment will again be postponed;
Amendment 56 #
2018/2094(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the EU is facing a particularly important period in its construction process, given the nature and dimension of its challenges, and whereas these can only be solved by working together and through greater and better integration;
Amendment 78 #
2018/2094(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. UnderlinesPoints out that the Union mustcould tackle the challenges of its future with greater and better political integration, with full respect for fundamental and democratic values, and by working together; agrees with the heads of state and government who addressed Parliament in plenary during the debates on the future of Europe that citizens want a Europe that protects their rights and their social model on the basis of shared sovereignty, and that the problems we face in Europe can only be solved together;
Amendment 93 #
2018/2094(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates that the unanimity, which the Treaties require in some fundamental matters, is an almost insurmountable obstacle in important moments and decisions, and advocates therefore suggests, with regard to decision-making procedures, that the principle of qualified majority voting (QMV) in Council and the use of the ordinary legislative procedure should be investigated; recalls that under the current Treaties this can be achieved by using the various passerelle clauses or, in the case of enhanced cooperation, by using Article 333 TFEU;
Amendment 98 #
2018/2094(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomNotes in this regard the announcement by President Juncker in his State of the Union address of 13 September 2017 of the intention to propose using QMV in the Council for matters such as the common consolidated corporate tax base (CCTB), VAT and taxation of the digital economy, but regrets that the MFF regulation is not among the subjects listed;
Amendment 104 #
2018/2094(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes in particular the factNotes that the Commission and some Member States are also contemplating using QMV for the common foreign and security policy, given the importance of speeding up decision- making and making it more effective, and the need for the Union to speak with one voice;
Amendment 1 #
2018/2056(INI)
Motion for a resolution
Recital A
Recital A
A. whereas payments are the bloodstream of businesses, and viable and efficient business environments depend on prompt payments to enable businesses to repay their liabilities in a timely manner, expand, invest, create employment, generate broader economic growth and benefit the European economy in general;
Amendment 4 #
2018/2056(INI)
Motion for a resolution
Recital B
Recital B
Amendment 49 #
2018/2056(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Encourages the Member States to reward good payment behaviour (‘name and fame’) and foster a culture of prompt payment in business relations, since itgiven the fact, inter alia, that paying on time has been demonstrated that paying on time iso be a smart business strategy as responsible payers can negotiate better deals and rely on trustworthy suppliers;
Amendment 55 #
2018/2056(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the importance of providing entrepreneurs, in particular SMEs, with more information and education on credit and invoice management; recalls that effective credit management on one side shortens the average collection period andon the other side and therefore maintains an optimal cash flow on both sides, thus reducing the risk of default and increasing the potential for growth; believes that training and support may also make SMEs more likely to take advantage of Late Payment Directive remedies; notes that SMEs unfortunately often lack the capacity to invest in training and that there are currently no programmes at EU or national level focusing on enhancing businesses’ knowledge of credit and invoice management; believes that more EU funds should possibly be directed towards the financial education of SMEs;
Amendment 45 #
2018/2008(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the recent submission of the proposal for Directive 2005/29/EC concerning unfair business- to-consumer commercial practices; notes, however, that it contains an unclear and thus difficult-to-use definition of dual quality and will therefore require clarification;
Amendment 79 #
2018/2008(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Agrees with the Commission that in the single market, where consumers have a general understanding of the principles of free circulation and equal access to goods, consumers do not, a priori, expect branded products sold under the same brand and with the same packaging in different countries to differ from each other;
Amendment 134 #
2018/2008(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Invites consumer organisations to play an active role in the public debate and in informing consumers; is convinced that consumer organisations could make a significant contribution to tackling the problem of dual quality by carrying out comparative tests and publishing their results, which would indicate where the dual quality problem was uncovered; calls on the Commission and the Member States to create suitable conditions for consumer organisations to perform these comparative tests;
Amendment 146 #
2018/2008(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the experiences of competent authorities thus far suggest that they have been unable individually to tackle effectively any specific cases of dual quality at national level; calls on the Commission to launch a cooperation platform for national authorities to deal effectively with cases of dual quality that involve a cross-border dimension;
Amendment 158 #
2018/2008(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Draws attention to the fact that the issue of dual quality is directly related to the essence of the functioning of the single market and consumer trust and therefore requires a solution at Union level, preferably via directly enforceable measures; is convinced that given the possibility of action at national level, Union-level action would safeguard the integrity of the single market;
Amendment 166 #
2018/2008(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that Annex I to the UCPD was drawn up to enable the identification of certain unfair practices and the provision of a more immediate response; agrees with the Commission that listing a practice in Annex I leads to greater legal certainty; unfair commercial practices can be formulated in the Unfair Commercial Practices Directive in such a way that they are prohibited under all circumstances or under certain circumstances; considers that including dual quality in Annex I of the Unfair Commercial Practices Directive would increase legal certainty that consumers will be genuinely protected from this practice;
Amendment 178 #
2018/2008(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls onNotes that the Commission, therefore, to amend Annex I to the UCPD by introducing has decided not to include dual quality as another item ontoin the ‘'blacklist’' in Annex I to the UCPD;
Amendment 63 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Without prejudice to Article 1, if a Member State – after consulting all the other Member States in the same time zone – decides to change its standard time or times in any territory under its jurisdiction, it shall notify the Commission at least 6 months before the change takes effect. Where a Member State has made such a notification and has not withdrawn it at least 6 months before the date of the envisaged change, the Member State shall apply this change.
Amendment 71 #
2018/0332(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall report to the European Parliament and to the Council on the implementation of this Directive, with a particular focus on analysing the impact on EU policy, including the single market, and on efforts to protect public health, by 31 December 2024 at the latest.
Amendment 243 #
2018/0331(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this Regulation, againsin order to swiftly and effectively combat the dissemination of terrorist content and to protect users from terrorist content. In doing so, they shall act in a diligent, proportionate and non- discriminatory manner, and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society.
Amendment 318 #
2018/0331(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The terrorist content and related data referred to in paragraph 1 shall be preserved for six monthsone year. The terrorist content shall, upon request from the competent authority or court, be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1(a).
Amendment 356 #
2018/0331(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where a hosting service providers becomes aware of any evidence of terrorist offences, theyfacts suggesting that a terrorist offence has been perpetrated, it shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned Member State or the point of contact in the Member State pursuant to Article 14(2), where they have theirit has its main establishment or a legal representative. HThe hosting service providers may, in case of doubt, transmit this information to Europol for appropriate follow up.
Amendment 395 #
2018/0331(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 24 #
2018/0258(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) As customs authorities of the Member States have been taking up an increasing number of responsibilities, which often extend to the field of security and take place at the external border, ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate Union financial support to the Member States. It is equally important to promote inter-agency cooperation at Union borders as regards controls of goods and controls of persons among the national authorities in each Member State that are responsible for border control or for other tasks carried out at the border, while considering cybersecurity.
Amendment 37 #
2018/0258(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In view of the rapid evolution of customs priorities, threats and technologies, work programmes should not span over long periods of time. At the same time, the need to establish annual work programmes increases the administrative burden for both the Commission and Member States without it being necessary for the implementation of the Instrument. Against that backdrop, work programmes should in principle cover more than one budgetary year. Moreover, to ensure that the integrity of the EU's strategic interests are preserved, Member States are encouraged to carefully consider cybersecurity and the risks to potential exposure of sensitive data outside the EU when tendering for new customs control equipment.
Amendment 62 #
2018/0258(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) a common definition of a minimum and an optimtechnical standard of customs control equipment by reference to the category of border crossing points and;
Amendment 64 #
2018/0258(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – point c a (new)
Article 11 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) an assessment of an optimal level of customs control equipment by reference to the category of border crossing points and
Amendment 114 #
2018/0254(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Actions which are not ethically acceptable may be rejected, restrained or terminated at any time.
Amendment 173 #
2018/0254(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) the contribution to increasing efficiency across the life cycle of defence products and technologies, including cost- effectiveness and the potential for synergies in the procurement, usage and maintenance process and disposal processes;
Amendment 81 #
2018/0227(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The high performance computing and the related data processing capacities in the Union should allow to ensure wider use of high performance computing by industry and, more generally, in areas of public interest in order to seize unique opportunities that supercomputers bring to society as regards health, transport and communication, environment and security as well as competitiveness of industry, notably small and medium-sized enterprises.
Amendment 153 #
2018/0227(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) ensure that the public sector and areas of public interests, such as health and care, education, judiciary, transporte-government, transport and communication, energy, environment, cultural and creative sectors, can deploy and access state-of-the- art digital technologies, in particular high performance computing, artificial intelligence and cybersecurity;
Amendment 202 #
2018/0227(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point e
Article 20 – paragraph 1 – point e
(e) when applicable, the economic, security, social, climate and environmental impact, and accessibility;
Amendment 206 #
2018/0227(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 (new)
Article 20 – paragraph 1 – subparagraph 1 (new)
point (i) potential innovativeness of the project
Amendment 212 #
2018/0227(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, truthful, effective and proportionate targeted information to multiple audiences, including the media and the public.
Amendment 213 #
2018/0227(COD)
Proposal for a regulation
Annex II – part 5 – point 5.1
Annex II – part 5 – point 5.1
5.1 TFrequency of take-up of digital public services
Amendment 214 #
2018/0227(COD)
Proposal for a regulation
Annex II – part 5 – point 5.2
Annex II – part 5 – point 5.2
5.2 ENumber of enterprises with high digital intensity score
Amendment 215 #
2018/0227(COD)
Proposal for a regulation
Annex II – part 5 – point 5.3
Annex II – part 5 – point 5.3
5.3 AExtent of alignment of the National Interoperability Framework with the European Interoperability Framework
Amendment 216 #
2018/0227(COD)
Proposal for a regulation
Annex III – point 1 – point c
Annex III – point 1 – point c
(c) Digital Europe will invest in (i) digital capacity building in High Performance Computing, Artificial Intelligence, Cybersecurity and advanced digital skills; and (ii) national and, regional and local deployment within an EU framework of digital capacities and the latest digital technologies in areas of public interest (such as health, public administration, justice and education) or market failure (such as the digitisation of businesses, notably small and medium enterprises);
Amendment 31 #
2018/0207(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism, excessive populism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/20138 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149, (hereafter 'the predecessor Programmes'). _________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p. 3)
Amendment 83 #
2018/0207(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a – indent 1
Article 12 – paragraph 2 – point a – indent 1
– a Member State or an overseas country or territory linked to ita Member State;
Amendment 84 #
2018/0207(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a – indent 2
Article 12 – paragraph 2 – point a – indent 2
– a third country associated to the Programme in accordance with Article 7 of this Regulation;
Amendment 57 #
2018/0168(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Member States should avoid a situation where insurance is required for vehicles which are registered but incapable of being moved because they are in a museum, because they are undergoing restoration or because they are not being used for a lengthy period of time for another reason and are immobilised by the disconnection of the battery or other essential component.
Amendment 71 #
2018/0168(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In a view to bring full effect to the use of claims history statements when calculating premiums, Member States should encourage the participation of insurance undertakings in transparent price comparison tools.
Amendment 79 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/103/EC
Article 1 – point 1 a
Article 1 – point 1 a
1a. ‘'use of a vehicle’' means any use of such vehicle, intended normally to serve as a means of transport, that is consistent with the normal function of that vehicle, irrespective of the vehicle's characteristics and traffic that is, at the time of the accident, used as a means of transport, irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.;
Amendment 89 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
1a. For the purposes of carrying out checks on insurance, as referred to in paragraph 1, a Member State shall grant other Member States access to the following national vehicle registration data, with the power to conduct automated searches thereon: (a) data on whether a vehicle is covered by a compulsory insurance; (b) data relating to owners or holders of the vehicle which is relevant to their insurance against civil liability subject to Article 3. Access to those data shall be granted through the Member States’ national contact points, as designated pursuant to Article 4(2) of Directive (EU) 2015/413*. __________________ * Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating cross- border exchange of information on road- safety-related traffic offences (OJ L 68, 13.3.2015, p. 9)
Amendment 101 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 4
Article 10 a – paragraph 4
4. Where the injured party is resident in another Member State than the Member State in which the insurance undertaking referred to in paragraph 1 is establishvehicle causing the accident is insured, the body referred to in paragraph 1 and which has compensated that injured party in his or her Member State of residence, shall be entitled to claim reimbursement of the sum paid by way of compensation from the body referred to in paragraph 1 in the Member State in which the insurance undertaking which issued the policy of the liable party is establishwhere the vehicle causing the accident is insured.
Amendment 105 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 7 b (new)
Article 10 a – paragraph 7 b (new)
7b. Injured parties referred to in Article 20(1) may, in the situations referred to in paragraph 1, apply for compensation from the compensation body referred to in Article 24 in their Member State of residence.
Amendment 106 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 7 c (new)
Article 10 a – paragraph 7 c (new)
7c. The compensation body which has compensated the injured party in his or her Member State of residence shall be entitled to claim reimbursement of the sum paid by way of compensation from the compensation body in the Member State where the vehicle causing the accident is insured.
Amendment 111 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 4
Article 16 – paragraph 4
Without prejudice to the pricing policies of insurance undertakings, Member States shall ensure that insurance undertakings publish their policies in respect of their use of claims history statements when calculating premiums.
Amendment 114 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point b
Article 16 – paragraph 5 – point b
(b) the identity, the date of birth, and the number and date of issue of the driving licence of the policyholder;
Amendment 115 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point c
Article 16 – paragraph 5 – point c
(c) the vehicle insured and its registration index number;
Amendment 116 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point d
Article 16 – paragraph 5 – point d
(d) the period of coverdate of inception and date of expiration of the insurance of the vehicle insured:
Amendment 117 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e
Article 16 – paragraph 5 – point e
(e) the number and valuethe nature, as regards damage to property and/or personal injury, of the declared third party liability claims during the period covered by the claims history statement.
Amendment 118 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e a (new)
Article 16 – paragraph 5 – point e a (new)
(ea) the number of years driven without accidents;
Amendment 119 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e b (new)
Article 16 – paragraph 5 – point e b (new)
(eb) the latest reference to any risk classification by the insurer;
Amendment 120 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e c (new)
Article 16 – paragraph 5 – point e c (new)
(ec) the contact address of the policyholder;
Amendment 121 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e d (new)
Article 16 – paragraph 5 – point e d (new)
(ed) the date of issue of the insurance undertakings’ policy that is used in respect of their use of claims history statements when calculating premiums.
Amendment 131 #
2018/0168(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 c
Article 28 c
No later than sefiven years after the date of transposition of this Directive, an evaluation and full review of this Directive shall be carried out. This evaluation shall, in particular, assess the suitability of this Directive in the light of technological developments related to autonomous, semi-autonomous and high speed small vehicles falling under categories of vehicles as referred to in Article 2, paragraph 2, point h), i), j), k) of Regulation (EU) No 168/2013, and whether the liability system it provides is likely to satisfy future needs. The Commission shall communicate the conclusions of the evaluation accompanied by its observations and, where appropriate, by a legislative proposal to the European Parliament, the Council and the European Economic and Social Committee.
Amendment 66 #
2018/0112(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Similarly, online search engines can be important sources of Internet traffic for undertakings which offer goods or services to consumers through websites and can therefore significantly affect the commercial success of such corporate website users offering their goods or services online in the internal market. In this regard, the ranking of websites by providers of online search engines, including of those websites through which corporate website users offer their goods and services to consumers, has an important impact on consumer choice and the commercial success of those corporate website users. Even in the absence of a contractual relationship with corporate website users, providers of online search engines can therefore effectively behave unilaterally in a way that can be unfair, that can disrupt normal economic competition on the market, and that can be harmful to the legitimate interests of corporate website users and, indirectly, also of consumers in the Union.
Amendment 143 #
2018/0112(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users and to provide for legal certainty for both sides, it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerneull and void, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.
Amendment 160 #
2018/0112(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services.
Amendment 170 #
2018/0112(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/94323 of the European Parliament and of the Council when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 242 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘business user’ means any natural or legal person which through online intermediation services offers or seeks to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 268 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, vocal request, phrase or other input, and returns linksresults in any format in which information related to the requested content can be found;
Amendment 314 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be binding on the business user concernebe null and void where such non- compliance is established by a competent court.
Amendment 387 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters.
Amendment 395 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned, that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.
Amendment 409 #
2018/0112(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.
Amendment 441 #
2018/0112(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Providers of online search engines shall apply fair treatment and ranking criteria on a non-discriminatory basis to all corporate website users, including to corporate website users that a provider controls directly or indirectly. In particular, the same underlying processes and methods for the positioning and display in the general search results pages shall be applied. Those include all elements that have an impact on the visibility, triggering, ranking or graphical format of a search result in the providers’ general search results pages.
Amendment 481 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services and providers of online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users or corporate website users to any personal data or other data, or both, which business users or corporate website users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services.
Amendment 494 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Through the description referred to in paragraph 1, providers of online intermediation services or online search engines shall adequately inform business users at least of the following:
Amendment 497 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) whether the provider of online intermediation services and the provider of online search engines has access to personal data or other data, or both, which business users or corporate website users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;
Amendment 503 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services or online search engines concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;
Amendment 511 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services or online search engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.
Amendment 702 #
2018/0112(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission shall encourage the drawing up of codes of conduct by providers of online search engines and by organisations and associations representing them, intended to contribute to the proper application of Article 5(2) and (3) and Article 7.
Amendment 459 #
2018/0108(COD)
(14 a) 'affected State' can mean both the Member State of permanent residence of the affected person or of the person bound by an obligation of professional secrecy or lawyer-client privilege, as soon as the identity of that person is already known to the issuing authority and where the State of permanent residence of the person or the person bound by an obligation of professional secrecy or lawyer-client privilege is neither the issuing nor the executing State;
Amendment 663 #
2018/0108(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 42 #
2018/0106(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Certain Union acts, in particular in the area of financial services, such as Regulation (EU) No 596/2014 on market abuse49 and Commission Implementing Directive 2015/2392, adopted on the basis of that Regulation50, already contain detailed rules on whistleblower protection. Such existing Union legislation, including the list in Part II of the Annex, should be complemented by the present Directive, so that these instruments are fully aligned with its minimum standards whilst maintaining any specificities they provide for, tailored to the relevant sectors. This is of particular importance for ascertaining which legal entities in the area of financial services and the prevention offight against money laundering and terrorist financing are currently obliged to establish internal reporting channels. _________________ 49 OJ L 173, p. 1 50 Commission Implementing Directive (EU) 2015/2392 of 17 December 2015 on Regulation (EU) No 596/2014 of the European Parliament and of the Council as regards reporting to competent authorities of actual or potential infringements of that Regulation (OJ L 332, p. 126).
Amendment 85 #
2018/0106(COD)
Proposal for a directive
Recital 63
Recital 63
(63) In other cases, internal channels could not reasonably be expected to function properly, for instance, where the reporting persons have valid reasons to believe that they would suffer retaliation in connection with the reporting; that their confidentiality would not be protected; that the ultimate responsibility holder within the work-related context is involved in the breach; that the breach might be concealed; that evidence may be concealed or destroyed; that the effectiveness of investigative actions by competent authorities might be jeopardised or that urgent action is required (for instance because of an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment. In all such cases, persons reporting externally to the competent authorities and, where relevant, to bodies, offices or agencies of the Union shall be protected. Moreover, protection is also to be granted in cases where Union legislation allows for the reporting person to report directly to the competent national authorities or bodies, offices or agencies of the Union, for example in the context of fraud against the Union budget, preventionthe fight against and detection of money laundering and terrorist financing or in the area of financial services.
Amendment 96 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law andthe law when implementing Union policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 104 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point ii
Article 1 – paragraph 1 – point a – point ii
ii) financial services, prevention ofthe fight against money laundering and terrorist financing;
Amendment 155 #
2018/0106(COD)
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
c) private legal entities of any size operating in the area of financial services or vulnerable to money laundering or terrorist financingmaking or receiving payments of EUR 10 000 or more in cash, as regulated under the Union acts referred to in the Annex.
Amendment 163 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
a) written reports in electronic or paper format and/or oral report through recorded telephone lines, whether recorded or unrecorded;
Amendment 165 #
2018/0106(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
b) physical meetings with the person or department designated to receive reports, properly minuted and with the minutes dated and signed by the reporter.
Amendment 168 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
a) establish independent and autonomous external reporting channels, which are both secure and, ensure confidentiality and guarantee that the identity of the reporting person will not be disclosed, for receiving and handling information provided by the reporting person;
Amendment 179 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) they are designed, set up and operated in a manner that ensures the completeness, integrity and confidentiality of the information, offers an appropriate level of cybersecurity and prevents access to non-authorised staff members of the competent authority;
Amendment 181 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
b) oral report through recorded telephone lines, whether recorded or unrecorded;
Amendment 183 #
2018/0106(COD)
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
c) physical meeting with dedicated staff members of the competent authority, properly minuted and with the minutes dated and signed by the reporter.
Amendment 197 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority shall have the right to document the oral reporting in one of the following ways:
Amendment 200 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the call by signing them.
Amendment 202 #
2018/0106(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Where a person requests a meeting with the dedicated staff members of the competent authority for reporting according to Article 7(2)(c), competent authorities shall ensure, subject to the consent of the reporting person, that complete and accurate records of the meeting are kept in a durable and retrievable form. A competent authority shall have the right to document the records of the meeting in one of the following ways:
Amendment 208 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive if he or she does not come forwards anonymously and provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this Directive.
Amendment 234 #
2018/0106(COD)
Proposal for a directive
Annex I – part I – subpart B – title
Annex I – part I – subpart B – title
B Article 1(a)(ii) – financial services, prevention ofthe fight against money -laundering and terrorist financing;:
Amendment 249 #
2018/0106(COD)
Proposal for a directive
Annex I – part II – subpart A – title
Annex I – part II – subpart A – title
A Article 1(a)(ii) – financial services, prevention ofthe fight against money laundering and terrorist financing:
Amendment 250 #
2018/0106(COD)
Proposal for a directive
Annex I – part II – subpart A – point 2 – introductory part
Annex I – part II – subpart A – point 2 – introductory part
2. Prevention ofThe fight against money laundering and terrorist financing:
Amendment 174 #
2018/0090(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Article 16 of the Charter of Fundamental Rights of the EU guarantees the freedom to conduct a business in accordance with Union law and national laws and practices. However, the marketing across Member States of products as beof a product with seemingly identical when, in reality, they have a significantlypresentation to another product, which is marketed under the same brand but presents differentces in composition or characteristicssensory profile may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise.
Amendment 178 #
2018/0090(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Such a practice can therefore be qualified as contrary to Directive 2005/29/EC based on a case by case assessment of relevant elements. In order to facilitate the application of existing law by Member States' consumer and food authorities, guidance on the application of current EU rules to situations of dual quality of food products was provided in the Commission Notice of 26.9.2017 'on the application of EU food and consumer protection law to issues of Dual Quality of products – The specific case of food'.46 In this context, the Commission's Joint Research Centre is currently developing a common approach to the comparative tehas developed an EU harmonised testing methodology to comparatively assess quality related characteristingcs of food products. __________________ 46 C(2017)6532.
Amendment 181 #
2018/0090(COD)
Proposal for a directive
Recital 43
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as bewith seemingly identical to the same product marketed in several other Member States, where those products have significantlypresentation to another product, which is marketed under the same brand but has differentces in composition or characteristicssensory profile. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers, a trader's right to adapt products of the same brand for different geographical markets due to legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders' right to offer products of the same brand in packages of different weight or volume in different geographical markets.
Amendment 209 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) Aany marketing of a product as bewith seemingly identical to the same product marketed in several other Member States, while those products have significantlypresentation to another product, which is marketed under the same brand but presents differentces in composition or characteristicssensory profile;
Amendment 210 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) Aany marketing of a product as bewith seemingly identical to the sameappearance to another product that is marketed in several other Member States,with the same or similar trademark, designation or packaging while those products have significantly different composition or characteristics;
Amendment 278 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 13 a (new)
Annex I – point 13 a (new)
(6a) In Annex I, the following point is inserted: “13a. Creating an impression, by using the same or similar trademark, designation or packaging, that a product is identical to another product while these products have different composition, unless the distinction in the composition is clearly marked on the package in the field of view of the consumer.”
Amendment 281 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Use of the same or seemingly identical designation for a product which is marketed in one Member State or in various Member States with a different composition, without that distinction being clearly and comprehensibly marked so as to be immediately visible to the consumer; with designation meaning any words, particulars, trademarks, brands, illustrations or symbols relating to a particular product, and which are placed on the package, document, inscription or label in the field of view, which the consumer shall most likely notice immediately when purchasing, and which will enable him to recognise the product immediately in terms of its characteristics, taste or nature and, where appropriate, its brand.”
Amendment 87 #
2018/0089(COD)
Proposal for a directive
Recital 21
Recital 21
Amendment 111 #
2018/0089(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Ensuring that consumers are informed about a representative action is crucial for its success. Consumers should be informed of ongoing representative action, the fact that a trader's practice has been considered as a breach of law, their rights following the establishment of an infringement and any subsequent steps to be taken by consumers concerned, particularly for obtaining redress. The reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights.
Amendment 114 #
2018/0089(COD)
Proposal for a directive
Recital 32
Recital 32
(32) To be effective, the information should be adequate and proportional to the circumstances of the case, and there should not be an excessive increase in the administrative burden and costs for traders. The infringing trader should adequately inform all consumers concerned of a final injunction and redress orders issued within the representative action as well as of a settlement approved by a court or administrative authority. Such information may be provided for instance on the trader's website, social media, online market places, or in popular newspapers, including those distributed exclusively by electronic means of communication. If possible, consumers should be informed individually through electronic or paper letters. This information should be provided in accessible formats for persons with disabilities upon request.
Amendment 120 #
2018/0089(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Evidence is an important element for establishing whether a given practice constitutes an infringement of law, whether there is a risk of its repetition, for determining the consumers concerned by an infringement, deciding on redress and adequately informing consumers concerned by a representative action about the ongoing proceedings and its final outcomes. However, business-to-consumer relationships are characterised by information asymmetry and the necessary information may be held exclusively by the trader, making it inaccessible to the qualified entity. Qualified entities should therefore be afforded the right to request to the competent court or administrative authority the disclosure by the trader of evidence relevant to their claim or needed for adequately informing consumers concerned about the representative action, without it being necessary for them to specify individual items of evidence. The need, scope and proportionality of such disclosure should be carefully assessed by the court or administrative authority overseeing the representative action having regard to the protection of legitimate interests of third parties and subject to the applicable Union and national rules on confidentiality.
Amendment 130 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers, while ensuring appropriate safeguards at EU and Member State level and their consistent EU-wide application to avoid abusive litigation.
Amendment 140 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘collective interests of consumers’ means the interestsgeneral interest of consumers independent of athe number of consumers concerned by the case in question;
Amendment 158 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point b
Article 4 – paragraph 1 – subparagraph 2 – point b
(b) it has a legitimate interest ins statutes, governance and track record demonstrate its legitimate interest in protecting consumers and ensuring that provisions of Union law covered by this Directive are complied with;
Amendment 160 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c
Article 4 – paragraph 1 – subparagraph 2 – point c
(c) it has a non-profit making character. and a governance structure providing complete independence from third parties and ensuring that no excessive salaries or office costs or other expenses are paid just to fulfill the non-profit criterion, nor is it a vehicle for pursuing litigation for profit controlled by others;
Amendment 163 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(c a) it has sufficient capacity in terms of human resources, and legal expertise to represent multiple claimants acting in their best interest;
Amendment 165 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
Article 4 – paragraph 1 – subparagraph 2 – point c b (new)
(c b) it has in place due procedures to identify, prevent and deal with conflicts of interests;
Amendment 191 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In order to seek injunction orders, qualified entities shall not have to obtain the mandate of all the individual consumers concerned or provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader.
Amendment 252 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) to receive any direct or indirect financial benefit through the litigation process or decision;
Amendment 266 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually.
Amendment 279 #
2018/0089(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall ensure that a final declaratory decision referred to in Article 6(2) is deemed as irrefutably establishing the liability of the trader towards the harmed consumers by an infringement for the purposes of any actions seeking redress before their national courts against the same trader for that infringement. Member States shall ensure that such actions for redress brought individually by consumers are available through expedient and simplified procedures.
Amendment 281 #
2018/0089(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
In accordance with national law, Member States shall ensure that the submission of a representative action as referred to in Articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumers concerned, if the relevant rights are subject to a limitation period under Union or national law.
Amendment 284 #
2018/0089(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that, at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action, and has indicated further evidence which lies in the control of the defendant, provided such information is precisely described and narrowly limited to what is proportionate, the court or administrative authority may order, in accordance with national procedural rules, that such evidence be presented by the defendant, subject to the applicable Union and national rules on confidentiality.
Amendment 289 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 291 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take the necessary measures to ensure that ithe party that loses a collective redress action reimburses necessary legal costs borne by the winning party, subject to the conditions provided for in the relevant national law. In cases where the qualified entities are required to inform consumers concerned about the ongoing representative action the related cost may be recovered from the trader if the action is successful.
Amendment 293 #
2018/0089(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall take the measures necessary to ensure that any qualified entity designated in advance in one Member State in accordance with Article 4(1) may apply to the courts or administrative authorities of another Member State upon the presentation of the publicly available list referred to in that Article. The courts or administrative authorities shall accept this list as proof of the legal standing of the qualified entity without prejudice to their right to examine whether the purpose of the qualified entity justifies its taking action in a specific case.
Amendment 32 #
2017/2278(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to finalise swiftly the Guidance on Public Procurement of Innovation and the Guidperspective on socially responsibleility in public procurement, in order to facilitate the implementation of the respective legal provisions in the Member States;
Amendment 37 #
2017/2278(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission to better organise the guides and other tools developed to help Member States with the implementation of the public procurement framework, in a more user-friendly way so that offers a good overview to practitionersthey are clear to everyone who deals with them in practice, while also paying attention to the languages available;
Amendment 44 #
2017/2278(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the current Union legislation, more than ever, allows for public procurement to be used as a strategic instrument to promote EU policy goals, and encourages the Member States to get the most that they can out of it;
Amendment 52 #
2017/2278(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to use public procurement strategically in order to promote a sustainable, circular and socially responsible economy, as well as innovation, SME growth and competition; underlines that this requires Member States to signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration;
Amendment 57 #
2017/2278(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the example of adopting National Public Procurement Strategies and encourages more Member States to follow this example as a means of modernising and streamlining their public procurement systems;
Amendment 66 #
2017/2278(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. While aAcknowledginges that in some cases the low price reflects innovative solutions and efficient management, is concerned about the excessivbut is nonetheless convinced that the use of the lowest price as an decisive award criterion in a number of Member States and therefore callsshould always be duly justified; calls, in this regard, on the Commission and the Member States to analyse the reason behind this situationcarry out an analysis of this issue;
Amendment 79 #
2017/2278(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that it is important for contracting authorities to consider the full life-cycle of products, including their impact on the environment, in their purchasing decisions, and calls on the Commission to assist in the development of methodologies to implement the concept of ‘life-cycle costing’;
Amendment 84 #
2017/2278(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that innovative, socio- economic and environmental considerations are legitimate award criteria in public procurement, but that contracting authorities can also pursue green, innovative or social goals through well-thought-out specifications and by allowing variant offers;
Amendment 128 #
2017/2278(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to support SMEs’ participation in tenders, for example by mandatory division intoadvertising them in smaller lots;
Amendment 130 #
2017/2278(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to analyse in particular the impediments to cross- border public procurement resulting from language and administrative barriers, and to propose solutions;
Amendment 2 #
2017/2191(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that competition policy is closely interlinked with taxation policy; eEncourages the Commission to strengthen its efforts to tackle all types of illegal state aid and taxation rules that distort competition in the internal market;
Amendment 7 #
2017/2191(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the Commission’s investigations into anti-competitive practices; such as selective tax advantages or excess profit ruling systemstresses that Member States have to pay due attention to the EU State Aid rules when granting state aid; emphasises that if there is to be a well- functioning internal market all players need to pay their fair share of taxentities should benefit from equal treatment;
Amendment 11 #
2017/2191(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the Commission’s efforts to combat unfair competition in high-profile cases against well-known companies, but stresses that the enforcement of fair competition in the case of SMEs is also of the utmost importanceand stresses that competition must be fair for all market participants, including SMEs;
Amendment 17 #
2017/2191(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Encourages the Commission to strengthen the supervision of nationalcooperation with the national authorities responsible for implementation ofing competition policy; is concerned that uneven enforcement of the EU competition law by national authoritierules by the Commission, in cooperation with the NCAs, is can result in varying outcomes, thus distorting competition in the internal market; welcomes in this regard the Commission’s proposal on the ECN+;sential building block for the creation of an open, competitive and innovative internal market and is crucial for creating jobs and growth in important sectors of the economy, in particular, the energy, telecoms, digital and transport sectors.
Amendment 19 #
2017/2191(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned that uneven enforcement of EU competition law by national authorities can result in varying outcomes, thus distorting competition in the internal market;welcomes in this regard the Commission’s proposal on the ECN+;
Amendment 23 #
2017/2191(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 24 #
2017/2191(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates the possible option of setting up a travelling unit within the Commission which, independently of Member States’ efforts, would need be able toat an effective toolbox within the Commission for the investigateion of suspected cases of unfair competition and suspected breaches of competition law is essential;
Amendment 27 #
2017/2191(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of access to justice for consumers and of the availability for collective redress in order to ensure fair competition; underlines that the absence of such opportunities weakens competition at the expense of the internal market and consumer rightsconsumers having access to information and of their rights being enforceable in order to ensure fair competition;
Amendment 33 #
2017/2191(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 37 #
2017/2191(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that if anti-competitive practices are to be fought effectively, all aspects of unfair competition must be taken into consideration, including social dumping and fraudulent posting of workerseliminated, including the fraudulent posting of workers, without prejudice to the free movement of labour as one of the fundamental freedoms of the internal market.
Amendment 40 #
2017/2191(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the continuous review and evaluation of EU competition law by the Commission;considers, for example, the consultation carried out by the Commission on the possible improvement of EU merger control to be very important;believes that steps must be taken to ensure, in particular in the digital sphere, that mergers do not restrict competition in the EU internal market;calls again on the Commission to therefore examine carefully whether current assessment procedures take sufficient account of circumstances on digital markets and of the internationalisation of markets;considers in this connection that, for example, the merger assessment criteria should be adapted;
Amendment 41 #
2017/2191(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Takes note of the E-commerce Sector Inquiry and its final report;believes that the inquiry should be part of a greater enforcement effort by the Commission to apply the full competition policy to online retailers;underlines that given the asymmetrical relationship between large online retailers and their suppliers, the Commission and national competition authorities should actively enforce competition rules as suppliers, especially SMEs, do not have the means to challenge such players in the courts;
Amendment 47 #
2017/2191(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Feels that the development of interoperability and electronic public procurement procedures will make it easier for SMEs to access public procurement, will increase transparency and will ensure more effective monitoring of the infringement of competition rules in this area:
Amendment 49 #
2017/2191(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Underlines that territorial distribution and selective distribution agreements cannot be used as a justified reason to geoblock consumers, especially in case of passive sales without delivery;
Amendment 50 #
2017/2191(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Is concerned by the increased use of contractual restrictions by manufacturers on online sales, as confirmed by the e-commerce inquiry, and calls on the Commission to further review such clauses to ensure that they do not create unjustified restrictions of competition;at the same time, asks the Commission to review the Guidelines on Vertical Restraints and the Block Exemption (Regulation 330/2010) in light of these changes;
Amendment 52 #
2017/2191(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Believes that criteria to join a selective distribution should be transparent in order to ensure that such criteria do not violate competition policy and the free functioning of the single market;underlines that such criteria must be objective, qualitative, non- discriminatory and not go beyond what is strictly necessary;calls on the Commission to take measures to ensure this transparency;
Amendment 54 #
2017/2191(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls that, in light of the Digital Single Market Strategy, there is a need to strengthen consumer and business confidence in e-commerce, which will help strengthen the powers of national competition enforcement authorities as regards compliance with competition rules and ensure the effective cooperation of these authorities with the Commission, in addition to ensuring cyber security;
Amendment 59 #
2017/2191(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Welcomes the adoption of rules on the portability of pre-paid services under the Single Digital Market Strategy that will improve competition on the internal market and ensure greater consumer rights;
Amendment 60 #
2017/2191(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Considers that, where duly justified, competition policy solutions should be given preference to regulatory initiatives in the area of Digital Single Market;
Amendment 61 #
2017/2191(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Underlines that territorial distribution and selective distribution agreements cannot be used as a justified reason to geoblock consumers, especially in case of passive sales without delivery;
Amendment 62 #
2017/2191(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Welcomes the gradual liberalisation of sectors such as telecoms, postal services and public transport with a view to creating a competitive environment from which consumers will also benefit.
Amendment 68 #
2017/2191(INI)
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7 i. Welcomes the Commission's efforts to link with their international partners and multilateral fora in the area of competition policy;believes that international cooperation is increasingly essential where companies subject to actions operate across multiple jurisdictions;
Amendment 69 #
2017/2191(INI)
Draft opinion
Paragraph 7 j (new)
Paragraph 7 j (new)
7 j. Believes that increasing the network of free trade agreements involving the European Union will benefit the enforcement of competition law globally;encourages the Commission in this regard to seek further trade agreement opportunities and to include strong antitrust and state aid rules in any such future agreements;
Amendment 22 #
2017/2073(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that regulated professions play a fundamental role in the EU economy, representing a significant part of the occupation rate as well as an important share of the added value in the Union; believes, furthermore, that the quality of professional services is of paramount importance for preserving the EU’s economic, social and cultural model growth;
Amendment 61 #
2017/2073(INI)
9. Stresses that effective regulation of professions contributes to the development of a fair societhigher transparency; recalls that Member States are free to introduce new regulations or to amend existing rules restricting the access to or pursuit of regulated professions where justified by public interest objectives, including overriding reasons of general interest, reflecting thus their vision for society and their socio- economic context;
Amendment 68 #
2017/2073(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. At the same time, considers that discriminatory, unjustified and disproportionate requirements can be particularly unfairdiscouraging for young professionals, hamper competition and negatively affect service recipients, including consumers;
Amendment 110 #
2017/2073(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that scientific progress, technological innovation and digitalisation have a considerable impact onpositive effect on the development of professional services, bringing new opportunities for professionals as well as challenges foron the labour market and thein the area of quality of services;
Amendment 113 #
2017/2073(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the acknowledgement by the Commission of the need to reflect on the impapossible effects of new technologies on professional services, especially in the legal and accounting sectors; notes in particular that close attention needs to be paid to the consequent risks forimpact on service recipients, including consumers, of such a transformational change;
Amendment 2 #
2017/2067(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s Strategy on Cooperative Intelligent Transport Systems (C-ITS); recognises the potential in a smarter use of data in the transport sector; considers C-ITS a valuable contributor to making transport safer, more efficient and, more environmentally friendly and more sustainable;
Amendment 6 #
2017/2067(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges Europe toAcknowledges that, for the sake of the economic growth and competitiveness of the EU Member States, it is important that they maintain itsa leading global position in the field of C- ITS; encourages all stakeholders to speed up the deployment of C-ITS technologies; underlines, in this respect, the need for high-quality, continuous and reliable services throughout the Union;
Amendment 14 #
2017/2067(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Deems it necessary to ensure that consumers’ rights to privacy and to the protection of their personal data be fully upheld; urges the Commission to ensure the correct implementation of the General Data Protection Regulation; calls on car manufacturers to inform consumers adequately about their rights and never to sellot to process in-car data without explicit consent;
Amendment 21 #
2017/2067(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of technical harmonisation and standardisation of data and definitions regarding C-ITS, including backward compatibility, so as to ensure a successful roll-out and interoperability at all levels; feels that the Commission’s principal partners in creating them must be the ministries of transport and other competent authorities of the Member States;
Amendment 25 #
2017/2067(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to work towards international standardisation to ensure the compatibility of cooperative intelligent transport systems in order to ensure economies of scale for manufacturers and to increase consumer comfort;
Amendment 29 #
2017/2067(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Points out that in order for cooperative transport systems to be successfully developed and implemented, extraordinary attention must be paid to cyber-security in order to prevent hacking attacks and other forms of abuse; if cyber- security is not fully ensured, consumers’ health will be threatened and their confidence in the use of the C-ITS system will be undermined;
Amendment 34 #
2017/2067(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the strategy’s focus on user involvement; encourages the Commission to facilitate the exchange of best practices; underlines the need for dedicated cross-border C-ITS pilots, including C-Roads, supported by adequate fundingfor which appropriate funding will be earmarked;
Amendment 35 #
2017/2067(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that in order for cooperative intelligent transport systems to be developed and implemented, it is necessary to support the construction and increased accessibility of high-speed networks;
Amendment 10 #
2017/2066(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Action Plan aims to tackle a number of important issues and that in some of the areas it sets out specific actions to be taken by the Commission, with a clear timetable; regrets, however, that in some of the identified areas, the proposals on how to solve the identified problems remain rather vague;
Amendment 11 #
2017/2066(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the fact that the Action Plan aims to tackle a number of important issues and that in some of the areas it sets out specific actions to be taken by the Commission, with a clear timetable; regrets, however, that in some of the identified areas, the proposals on how to solve the identified problems remain rather vague; points out that the EU legislative authority has already taken important steps to establish a more competitive and more secure EU market for retail financial services; stresses that some items of EU legislation have still to be properly transposed and applied across the EU; accordingly welcomes the fact that the Action Plan focuses first of all on non-legislative action intended to ensure that existing legislation gives EU consumers maximum benefits;
Amendment 12 #
2017/2066(INI)
Draft opinion
Paragraph 2a (new)
Paragraph 2a (new)
2 a. Therefore calls for the Commission first to review and evaluate the regulation on national markets before taking action to implement the Action Plan; these steps should respect the principle of subsidiarity and should reflect national experience so far and the specific features of national legislation.
Amendment 22 #
2017/2066(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that consumers need to be able to choose the best rates and be aware of fees and other associated costs when making transactions or payments abroad, including when using dynamic currency conversion (DCC); asks the Commission to requireo require, wherever possible and expedient, that the value of a transaction be displayed both in local currency and in the consumer’'s home currency at the time of the transaction, without incurring an unreasonable increase in the cost of the service provider, and that rates offered by different financial service providers be displayed in a transparent manner, and calls for a neutral reference rate provided by a non-business actor;
Amendment 27 #
2017/2066(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the review and cutback of national trade barriers but cautions that this should not result in lower consumer protection standards; stresses that a high standard of consumer protection and consumer confidence are essential for a genuine internal market in retail financial services, in particular as regards loans by new digital actors whose lending practices these days are possibly not always adequately covered by existing EU legislation; therefore welcomes the Commission's aim of checking that existing EU legislation is appropriate;
Amendment 28 #
2017/2066(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the review and cutback of national trade barriers such as, for example, discrimination based on the place of residence of a shop, but cautions that this should not result in lower consumer protection standards; this could include facilitating the portability of retail financial products, such as life and property insurance or the cross-border recognition of non-life insurance;
Amendment 37 #
2017/2066(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates its view that online comparison tools can substantially improve comparability between various financial products and help consumers to make an informed decision, for example through benchmarking of consumer organizations and digital solutions; asks the Commission to monitor the rollout and uptake of the stakeholders’ initiative ‘Key principles for comparison tools’, including voluntary certification schemes, and to evaluate the need for compulsory certification;
Amendment 46 #
2017/2066(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the potential of e-signature for easier transactions; underlines the importance of system cybersecurity to combat potential identity theft and the need for financial non-discrimination of persons unable or unwilling to use e-signature.
Amendment 48 #
2017/2066(INI)
Draft opinion
Paragraph 6a (new)
Paragraph 6a (new)
6a. Points out that Parliament has already called on the Commission to take account of cybersecurity issues during the planning phase for all finance technology initiatives; regrets the fact that the Commission does not address that in its Action Plan, especially since suitable safeguards against cyber-risks are conducive to consumer confidence; calls therefore on the Commission to do so as part of the work of its task force;
Amendment 2 #
2017/2065(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates its support for the Commission’s ‘Trade for All’ strategy; encourages the Commission to continue to prioritise new approaches to facilitate trade in digital goods and services and eliminate digital non-tariff barriers; considers that all avenues for progress in this area should be explored; underlines that it is of outmost importance to strengthen the competitiveness of the European enterprises in the global market to fully use EU economic potential;
Amendment 5 #
2017/2065(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. In this context notes the importance of the market access for EU telecommunication enterprises;
Amendment 13 #
2017/2065(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the efforts made by the WTO to advance its work programme on e- commerce; regrets that positive progress has been slow in this regard; calls on the Commission to be ambitious in framing issues to be addressed in the programme; considers that particular consideration should be given to the increasing number of consumers caught up in customs procedures and possible violations in relation to goods purchased over the internet; believes that a higher de minimis rate should be pursued in the context of trade negotiationhe simplification of international trade rules;
Amendment 21 #
2017/2065(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the importance of proper consumer information in order to minimise the numbers of infringements and penalties and to strengthen the trust in digital trade;
Amendment 35 #
2017/2065(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises that multilateral international trade discussions on digital trade are not as advanced as comparable debates on the Digital Single Market; recommends that, at least at a bilateral level, the Commission develops positions on the anticipated developments in digital trade, including the extensappropriate adaption of consumer protection, trade in products where the barriers between goods and services are blurred (e.g. 3D printing) and those goods with significant digital components (e.g. connected vehicles).
Amendment 99 #
2017/2037(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that such an objective will only be feasible if the debates are held in urban areas other than national or regional capitals, whichf different size and importance, and therefore not only in central cities, countries or regions, but also in smaller cities, provided that they may constitute an easily accessible forum for citizens living nearby;
Amendment 107 #
2017/2037(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Proposes that this process should be arranged by Parliament and the Committee of the Regions, in cooperation with those European city councils recognised as fora for European debate, and that such fora should, in close cooperation with the Member States, be established in cities whose range of impact affects at least one million residentsscope has significance for and an impact on most of the population in the region where they live, so as to ensure the broadest possible participation;
Amendment 110 #
2017/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Suggests, furthermore, that the councils of the cities recognized as the European debate forum should be responsible for providing local universitieschools and other educational institutions, the media, social organisations and citizensthe general public with extensive professional and public experience free and open access as well as the possibility to participate in debates and consultations; believes that the councils should also be responsible for inviting the representatives of all levels of urban governance including smaller units or partner councils from the wider urban area, and that it would also be sensible to specify the territorial scope of such an obligation in the agreement concluded between the EU- level or relevant bodies and the council of the European forum city;
Amendment 115 #
2017/2037(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Suggests the establishment of a pilot programme of 54 European debate fora – two for each Member State – to be held in non-capital cities of the Member States;
Amendment 118 #
2017/2037(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that the consolidation of the cities’ position in shaping the EU policies does not undermine the trust in the Member States, as it reinforcebut rather strengthens it, as it supports multi-level governance and subsidiarity based on the bilateral trust between the EU, Member States and regional and local structures;
Amendment 52 #
2017/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that the collaborative economy could also generate newinteresting entrepreneurial opportunities, new jobs and robust growth, and could play an very important role in making the economic system not only more efficient, but also socially and environmentally more sustainable and in increasing corporate social responsibility;
Amendment 56 #
2017/2003(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges, at the same time, that the collaborative economy ismay having a profounde an impact on long-established business models; underlines the risk of having different legal standards for similar economic actors; is concerned about the risk of reducing consumer protection, workers’ rights and tax compliance; acknowledges the effects that collaborative businesses are having on the urban environment;
Amendment 77 #
2017/2003(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers the development of a dynamic and clear legal environment to be of paramount importance forat the existence of a clear legal environment is an essential precondition for the successful operation of the collaborative economy to flourish in the EU;
Amendment 87 #
2017/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the need to consider the collaborative economy not only as a business model but also as a new form of integration between the economy and society which is able to embed economic relations within social ones and to create new forms of communitysocietal development;
Amendment 98 #
2017/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the fact that the collaborative economy in Europe has a number of specific traits, as it is generally more rooted at local level, and reflectings the European business structure, which consists mainly of SMEsfact that SMEs play an important role in the European economy;
Amendment 102 #
2017/2003(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that European entrepreneurs show a strong propensity to create collaborative platforms for social purposes, and acknowledges a growing interest in cooperative governance modelsand consumers are showing an increasing predilection for the collaborative economy based on cooperation;
Amendment 110 #
2017/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the importance of preventing any forms of discrimination, so as to grant effective and equal access to collaborative services, especially for disadvantaged people and communities;
Amendment 119 #
2017/2003(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to encourage non-profit, user-governed,onsiders that the collaborative practiceseconomy aimed at building sharing and cooperation, and a commons- oriented approach to the collaborative economy, so as to foster the scalability of a social economy and access to open knowledgecooperation will support the growth of knowledge and skills in society;
Amendment 160 #
2017/2003(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. UrgesCalls on the Commission to provide further guidelinerecommendations to Member States with a view to laying down effective criteria for distinguishing between peers and professionals, which is crucial for the fair development of the collaborative economy;
Amendment 173 #
2017/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions; welcomes the Commission’s initiaobjective tof ensureing the adequacy of consumer law and preventing abuse of the collaborative economy;
Amendment 233 #
2017/2003(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Strongly believeConsiders, at the same time, that this self-regulating capacity does not undercut the need for regulation, especially for market failures that platforms cannot address and for other normative goals (e.g. reversing inequalities, boosting fairness, inclusiveness, and openness, etc.);
Amendment 247 #
2017/2003(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Is convinced that consideration must be given to developing a common EU horizontal and harmonised regulatory framework, consisting of a combination of general principles and specific rules, needs to be developed, in addition to any sector- specific regulation that might be needed, and that this must be consistent with the experience of the Member States;
Amendment 255 #
2017/2003(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission for an ambitious enforcement framework, and to support the Member States in developing a strong culture of compliance and enforcement;
Amendment 282 #
2017/2003(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on the Member States to work together and exchange information in the area of taxation in order to eliminate the risk of future cross-border tax fraud;
Amendment 296 #
2017/2003(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broaderthe current tendency;
Amendment 331 #
2017/2003(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Observes that some local governments are already active in regulating and promoting the collaborative economy, focusing on collaborative practices both as the subject of their policies and as an organising principle of new forms of collaborative governance;
Amendment 356 #
2017/2003(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy; is of the opinion that the potential of the collaborative economy will be fully unleashed only through effective policies of social inclusion at EU level, starting with confident and critical use of ICT as a key competence for lifelong learning strategies;
Amendment 51 #
2017/0354(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The concept of overriding reasons of public interest is an evolving concept developed by the Court of Justice in its case-law in relation to Articles 34 and 36 of the Treaty. This concept covers, inter alia, the effectiveness of fiscal supervision, the fairness of commercial transactions, protection of consumers, protection of the environment, the maintenance of press diversity and the risk of seriously undermining the financial balance of the social security system. Such overriding reasons, where legitimate differences exist from one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions always need to be duly justified, and respect the principle of proportionality must always be respected, regard being had to whether, and the competent authority has in fact madmust use the least restrictive decisionmeasures possible. Furthermore, administrative decisions restricting or denying market access in respect of goods lawfully marketed in another Member State must not be based on the mere fact that the goods under assessment fulfil the legitimate public objective pursued by the Member State in a different way from the way that domestic goods in that Member State fulfil that objective.
Amendment 98 #
2017/0354(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) However, where the SOLVIT's informal approach fails, and serious doubts remain regarding the compatibility of the administrative decision with the mutual recognition principle, the Commission should be empowered to look into the matter and provide an assessment to be taken into account byprovide an assessment that the competent national authorities shall take into account at the request of the SOLVIT centre. The Commission's opintervention should be subject toinclude a reasonable time-limit for the adoption of the recommended measures, in compliance with the European Code of Good Administrative Behaviour.
Amendment 112 #
2017/0354(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) the provision either prohibits the making available of goods, or a type of goods, on the domestic market in that Member State, or else it makes compliance with the provision compulsit leads or is likely to lead to similar effects if compliance is mandatory, de facto or de jure, whenever goods, or goods of a given type, are being made available on that market;
Amendment 113 #
2017/0354(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point c – point i
Article 2 – paragraph 3 – point c – point i
(i) it lays down the characteristics required of those goods, or goods of that type, such as their levels of quality, performance or safety, or dimensions, including the requirements applicable to the goods or type of goods as regards the name under which they are sold, terminology, symbols, testing and test methods, packaging, marking or labelling, shape, size, weight, composition, presentation, language and conformity assessment procedures;
Amendment 230 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point a (new)
Article 8 – paragraph 3 – point a (new)
(a) If, during the assessment referred to in paragraph 2, the Commission is informed by the relevant economic operator or competent authorities that the case has been resolved, it shall decide not to issue an opinion.
Amendment 364 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point d
Article 14 – paragraph 3 – point d
(d) the power to require any public authority, body or agency within the market surveillance authority's Member State, or any natural or legal person, to provide any relevant information, data or document, in any form or format and irrespective of its storage medium or the place where it is stored, for the purposes of enabling the market surveillance authority to investigate whether any non-compliance has occurred or is occurring and to establish the details of that non- compliance, including in particular information, data or documents required for the purposes of identifying and tracing financial and data flows, ascertaining the identity and contact details of persons involved in financial and data flows and ascertaining bank account information and the ownership of websites;
Amendment 366 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point e – point 1
Article 14 – paragraph 3 – point e – point 1
(1) to carry out on-site inspections, including power to enter any premises, land or means of transport that the economic operator in question uses for purposes related to his trade, business, craft or profession, in order to examine, seize, take or obtain copies of information, data or documents, irrespective of their storage medium;
Amendment 367 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point e – point 2
Article 14 – paragraph 3 – point e – point 2
Amendment 372 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point f
Article 14 – paragraph 3 – point f
(f) the power to take samples of products free of charge in order to detect non-compliance and obtain evidence, in such a quantity and in such a way as not to disrupt the manufacturing process or cause the economic player a financial loss;
Amendment 381 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) the power to take temporary measures, where there are no other effective means available to prevent a serious risk, including in particular temporary measures requiring hosting service providers to remove, disableblock or restrict access to certain content or to suspend or restrict access to a website, service or account or requiring domain registries or registrars to put a fully qualified domain name on hold for a specific period of time;
Amendment 383 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point k
Article 14 – paragraph 3 – point k
(k) the power to prohibit the making available of products on the marketsuspend the supply of products or to withdraw, or recall or destroy products, where economic operators fail to provide the information requested by the market surveillance authority to verify the compliance of those products and while the failure persists;
Amendment 413 #
2017/0353(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Any measure, decision or order taken or made by market surveillance authorities pursuant to Union harmonisation legislation or this Regulation to prohibitsuspend or restrict the making available of products on the market or to withdraw, or recall or destroy products on the marketproducts shall be proportionate and shall state the exact grounds on which it is based.
Amendment 421 #
2017/0353(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The decision whether or not a product presents a serious risk shall be based on an appropriate expert-based risk assessment which takes account of the nature of the hazard and the likelihood of its occurrence. The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering that a product presents a serious risk.
Amendment 148 #
2017/0237(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 212 #
2017/0237(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Re-routing transport service providers shall pay particular attention to providing persons with disabilities and persons with reduced mobility with a comparable level of assistance and accessibility to the alternative service.
Amendment 248 #
2017/0237(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. A railway undertaking shall not be obliged to pay compensation if it can prove that the delay was caused by factors beyond its control, such as severe weather conditions or major natural disasters endangering the safe operation of the service and could not have been foreseen or prevented even if all reasonable measures had been taken.
Amendment 305 #
2017/0237(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged, the cost of repairing the injury caused by assistance dogs, or the cost of purchasing a new assistance dog in case of its loss.
Amendment 309 #
2017/0237(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) providguarantee training to raise awareness of the needs of persons with disabilities among all personnel working at the station who deal directly with the travelling public;
Amendment 323 #
2017/0237(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Passengers may submit a complaint to any railway undertaking, ticket vendor, railway station or infrastructure manager involved. Complaints shall be submitted within sixtwo months of the incident that is the subject of the complaint. Within one month of receiving the complaint, the addressee shall either give a reasoned reply or, in justified cases, inform the passenger by what date within a period of less than three months from the date of receipt of the complaint a reply can be expected. Railway undertakings, ticket vendors, station managers and infrastructure managers shall keep the incident data necessary to assess the complaint for two years and make them available to national enforcement bodies upon request.
Amendment 344 #
2017/0237(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point i
Article 36 – paragraph 1 – point i
(i) adjust the financial amounts referred to in Article 13 in light of inflationchanges in the price level;
Amendment 369 #
2017/0237(COD)
Proposal for a regulation
Annex III – part I – paragraph 2 – point 2
Annex III – part I – paragraph 2 – point 2
Amendment 371 #
2017/0237(COD)
Proposal for a regulation
Annex III – part II – paragraph 1 – point 4
Annex III – part II – paragraph 1 – point 4
Amendment 89 #
2017/0228(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the Union and to the internal market. As such, they should be banned unless they are justified based on the grounds of publicensuring the security, asnd defined by Union law, in particularence of a Member State or of public security within the meaning of Article 52 of the Treaty on the Functioning of the European Union, and satisfy the principle of proportionality enshrined in Article 5 of the Treaty on European Union. In order to give effect to the principle of free flow of non-personal data across borders, to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the EU, and since this Regulation provides for measures to ensure data availability for regulatory control purposes, Member States should not be able to invoke justifications other than ensuring the security and defence of a Member State or public security.
Amendment 146 #
2017/0228(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The application of this Regulation shall be without prejudice to the protection of business secrets and other sensitive data relating to the know-how of natural and legal persons.
Amendment 166 #
2017/0228(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Location of data for storage or other processing within the Union shall not be restricted to the territory of a specific Member State, and storage or other processing in any other Member State shall not be prohibited or restricted, unless it is justified on grounds of ensuring the defence and security of a Member State or public security.
Amendment 176 #
2017/0228(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. This Regulation shall not affect the powers of competent authorities to request and receive access to data for the performance of their official duties in accordance with Union or national law. Access to data by competent authorities may not be refused on the basis that the data is stored or otherwise processed in another Member State, except when it comes to ensuring the security and defence of a Member State or public security.
Amendment 207 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall encouragehelp providers to effectively implement the codes of conduct referred to in paragraph 1 within one year after the start of application of this Regulation.
Amendment 213 #
2017/0228(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall reviewcarry out an assessment of the development and effective implementation of such codes of conduct and the effective provision of information by providers no later than two years after the start of application of this Regulation.
Amendment 53 #
2017/0225(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Network and information systems and telecommunications networks and services play a vital role for society and have become the backbone of economic growth. Information and communications technology (ICT) underpins the complex systems which support everyday societal activities, keep our economies running in key sectors such as health, energy, finance and transport, and in particular support the functioning of the internal market.
Amendment 80 #
2017/0225(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 81 #
2017/0225(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) In order to guarantee the full autonomy and independence of the Agency and to enable it to perform additional and new tasks, including unforeseen emergency tasks, the Agency should be granted a sufficient and autonomous budget whose revenue comes primarily from a contribution from the Union and contributions from third countries participating in the Agency’s work. The majority of the Agency staff should be directly engaged in the operational implementation of the Agency’s mandate. The host Member State, or any other Member State, should be allowed to make voluntary contributions to the revenue of the Agency. The Union’s budgetary procedure should remain applicable as far as any subsidies chargeable to the general budget of the Union are concerned. Moreover, the Court of Auditors should audit the Agency’s accounts to ensure transparency and, accountability, efficiency and the effectiveness of the expenditure.
Amendment 111 #
2017/0225(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Recourse to European cybersecurity certification should remain voluntary, unless otherwise provided in Union or national legislation. However, with a view to achieving the objectives of this Regulation and avoiding the fragmentation of the internal market, national cybersecurity certification schemes or procedures for the ICT products and services covered by a European cybersecurity certification scheme should cease to produce effects from the date established by the Commission by means of the implementing act. Moreover, Member States should not introduce new national certification schemes providing cybersecurity certification schemes for ICT products and services already covered by an existing European cybersecurity certification scheme, with the exception of cases pertaining to the processing of classified information, national security and related public procurement procedures. This should apply as from a date set by the Commission by means of an implementing act, which should give Member States sufficient time for a smooth and seamless transition to the new certification scheme. Moreover, Member States should not introduce new national certification schemes providing cybersecurity certification schemes for ICT products and services already covered by an existing European cybersecurity certification scheme. The proposed certification scheme should therefore be sufficiently flexible and adaptable to keep up with rapidly evolving technology, should be compatible with international standards and should not create barriers to innovation, so that it can bring real benefits to Member States and not cause them difficulties.
Amendment 127 #
2017/0225(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) The Agency’s operations should be evaluated independently. The evaluation should havinclude the rlegard toitimacy and effectiveness of the Aagency ’s expenditure, its efficiency in reachieving its objectives,targets and a description of its working practices and the relevance of its tasks. The evaluation should also assess the impact, effectiveness and efficiency of the European cybersecurity certification framework.
Amendment 143 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16a) ‘self-declaration of conformity’ means the statement by the manufacturer that attests their ICT product or service conforms with the specified European cybersecurity certification schemes.
Amendment 192 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 204 #
2017/0225(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
e) assess and adopt the consolidated annual report on the Agency’s activities and send both the report and its assessment by 1 July of the following year, to the European Parliament, the Council, the Commission and the Court of Auditors. The annual report shall include the accounts and, describe how the Agencythe effectiveness of the expenditure and assess how efficient the Agency has been and to what extend it has met its performance indicators. The annual report shall be made public;
Amendment 206 #
2017/0225(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point o
Article 14 – paragraph 1 – point o
o) take all decisions on the establishment of the Agency's internal structures and, where necessary, their modification, taking into consideration the Agency's activity needs, as listed in this regulation, and having regard to sound budgetary management;
Amendment 273 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point g
Article 45 – paragraph 1 – point g
g) ensure that ICT products and services are provided with up to date software that does not contain known vulnerabilities or defects, and are provided mechanisms for secure software updates.
Amendment 285 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 287 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. A European cybersecurity certification scheme shall specify whether self-declaration of conformity is permissible or third party assessment strictly required.
Amendment 329 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c a (new)
Article 47 – paragraph 1 – point c a (new)
(ca) the applicable conformity assessment procedure and/or self- declaration of conformity
Amendment 346 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point j
Article 47 – paragraph 1 – point j
j) rules concerning how previously undetected cybersecurity vulnerabilities or defects in ICT products and services are to be reported and dealt with;
Amendment 377 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. A European cybersecurity certificate pursuant to this Article shall be issued either by self-declaration of conformity or by the conformity assessment bodies referred to in Article 51 on the basis of criteria included in the European cybersecurity certification scheme, adopted pursuant to Article 44.
Amendment 393 #
2017/0225(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Without prejudice to paragraph 3, national cybersecurity certification schemes and the related procedures for the ICT products and services covered by a European cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant Article 44(4). Existing, with the exception of cases involving the processing of classified information, national cybersecurity certification schemes and, or public supply contracts pertaining the related procedures for the ICT products and services not covered by a European cybersecurity certification scheme shall continue to existto, shall cease to produce effects from the date established in the implementing act adopted pursuant Article 44(4).
Amendment 409 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point a
Article 50 – paragraph 6 – point a
(a) monitor and enforce the application of the provisions under this Title at national level and supervise and verify the compliance of the self-declarations of conformity and the cybersecurity certificates that have been issued by conformity assessment bodies established in their respective territories with the requirements set out in this Title and in the corresponding European cybersecurity certification scheme in accordance with the rules adopted by the European Cybersecurity Certification Group pursuant to Article 53(3)(ba);
Amendment 411 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point b
Article 50 – paragraph 6 – point b
(b) monitor and, supervise and assess the activities of conformity assessment bodies for the purpose of this Regulation, including in relation to the notification of conformity assessment bodies and the related tasks set out in Article 52 of this Regulation;
Amendment 415 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point c
Article 50 – paragraph 6 – point c
(c) handle complaints lodged by natural or legal persons in relation to certificates issued by self-declaration and by conformity assessment bodies established in their territories, investigate, to the extent appropriate, the subject matter of the complaint, and inform the complainant of the progress and the outcome of the investigation within a reasonable time period;
Amendment 429 #
2017/0225(COD)
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. Where manufacturers opt for ‘self- declaration of conformity’ as established in Article 48(3) of this Regulation, conformity assessment bodies will take additional steps to verify the internal procedures undertaken by the manufacturer to ensure that their products and/or services conform with the requirements of the European cybersecurity certification scheme.
Amendment 93 #
2017/0220(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Every citizen of the Union who is at least 16 years of age has the right toold enough to vote in the European elections may support an initiative by signing a statement of support (‘the signatory’), in accordance with this Regulation.
Amendment 156 #
2017/0220(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The group of organisers shall ensure that the individual online collection system complies with the requirements laid down in paragraph 4 of this article and in Article 17(3) throughout the collection period.
Amendment 157 #
2017/0220(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
The competent authorities shall, within three months of receiving the statements of support, verify these on the basis of appropriate checks, which may be based on random sampling,based on samples selected in accordance with national law and practice.
Amendment 182 #
2017/0220(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. If an initiative contains a request for a new draft law to be proposed and the Commission rejects that request, the group of organisers may, within two months, forward their request to the European Parliament so that it can consider using its right to ask the Commission to submit an appropriate proposal under Article 225 TFEU.
Amendment 194 #
2017/0220(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The Commission shall periodically review the functioning of the European citizens’ initiative and present a report to the European Parliament and the Council on the application of this Regulation no later than fivthree years from the date of application of this Regulation, and every fivthree years thereafter. The reports shall be made public.
Amendment 558 #
2017/0143(COD)
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. PEPP providers and distributors shall make every possible effort to reply, on paper or, if agreed between the PEPP provider or distributor and the PEPP customer, on another durable medium, to the PEPP customers’ complaints. The repl electronically, provided that the PEPP customer is able to store such information in a way sthall addt ensuress all points raised, within an adequate timeframe and at the latest within 15 business days of receipt of the complaint. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond the control of the PEPP provider or distributor, it shall be required to send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the PEPP customer will receive the final reply. In any event, the deadline for receiving the final reply shall not exceed 35 business dayits accessibility for future reference and for a period of time adequate for the purposes of the information, and that the tool allows the unchanged reproduction of the information stored, or, if agreed between the PEPP provider or distributor and the PEPP customer, on another durable medium, to the PEPP customers’ complaints.
Amendment 560 #
2017/0143(COD)
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
Amendment 628 #
2017/0143(COD)
Proposal for a regulation
Article 57 – paragraph 2 – point d
Article 57 – paragraph 2 – point d
(d) maximum administrative fines of at least EUR 5 000 000, or in the Member States whose currency is not the euro, the corresponding value in the national currency on [date of entry into force of this Regulation];
Amendment 88 #
2017/0087(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Such empowerment does not aim at creating new enforcement powers for the Commission such as, in particular, the powers to pursue infringements of Union law in the internal market area against individual market participants. Its purpose is rather to provide the Commission with additional fact-finding ability where this is strictly required for performing the task entrusted to the Commission by the TFEU to ensure the application of Union law in relation to the aim of establishing and ensuring the functioning of the internal market. In the interest of the establishment of a fully functioning internal market, it is appropriate to clarify that such empowerment covers also those economic sectors within the internal market for which TFEU has foreseen common policies: agriculture and fisheries (excluding the conservation of marine biological resources), transport, environment and energy.
Amendment 94 #
2017/0087(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) For this investigative tool to be effective, the information sought should relate to the application of relevant Union law. This may consist, for example, of factual market data, including cost structure, pricing policy, products or services characteristics or geographical distribution of customers and suppliers. It may also consist of undertakings’ or associations of undertakings’ fact-based analysis of the functioning of the internal market, such as in relation to perceived regulatory and entry barriers or to costs of cross-border operations. In order to minimise costs of replying to requests for information, such requests should only cover information that is most likely to be at the disposal of the undertaking or association of undertakings concerned.
Amendment 106 #
2017/0087(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In the interest of the consistency in the application of Union law in the area of the internal market as well as agriculture, fisheries (excluding the conservation of marine biological resources), transport, environment and energy, it is necessary to establish mechanisms for the sharing of information between the Commission and the Member States in relation to the requests for information and, where appropriate, to the replies to such requests, without prejudice to professional secrecy obligations.
Amendment 134 #
2017/0087(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The disclosure of information about an undertaking’s business activity could result in a serious harm to the same undertaking. Therefore, the Commission should take due account of the legitimate interests of undertakings, in particular the protection of their business secrets. To ensure that business secrets and other confidential information provided to the Commission are treated in compliance with Article 339 TFEU, any undertaking or association of undertaking submitting information should clearly identify which information it considers to be confidential and why it is confidential. The Commission should not be able to disclose confidential information provided by such respondents to the Member State concerned by the request unless it has previously obtained their agreement to disclose that information to that effect. The respondent concerned should be required to provide the Commission with a separate non-confidential version of the information that could be disclosed to the relevant Member State. In cases where information marked as confidential does not seem to be covered by obligations of professional secrecy, it is appropriate to have a mechanism in place according to which the Commission can decide the extent to which such information can be disclosed. Any such decision to reject a claim that a piece of information is confidential should indicate a period at the end of which it may be disclosed, so that the respondent can make use of any judicial protection available to it, including any interim measure. The rights of the respondent should be safeguarded by giving it the opportunity to make known its views or, if necessary, to defend itself in court before any decision to reject the confidentiality claim is taken.
Amendment 153 #
2017/0087(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation shall apply in the following areas:internal market, as referred to in Article 26(2) of the Treaty;
Amendment 158 #
2017/0087(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Amendment 161 #
Amendment 168 #
Amendment 171 #
Amendment 178 #
2017/0087(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Power to request information from undertakings and associations of undertakings by way of a decision
Amendment 188 #
2017/0087(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Where a serious difficulty with the application of Union law risks undermining the attainment of anthe important Union policy objectiveobjective of removing the barriers within the scope specified in Article 2 of this Regulation, the Commission may request information from undertakings or associations of undertakings, by way of a decision, as provided for in Chapter II, for the purpose of addressing the above-mentioned difficulty.
Amendment 195 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The Commission shallmay only use the power to request information from undertakings and associations of undertakings by way of a decision on the basis of the powers provided for in Article 4 where the information available to the Commission, required for the purpose referred to in Article 4, is not sufficient or adequate and cannot be obtained in a timely manner due to the following reasons:
Amendment 200 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the information has not first been provided by athe Member State upon request by the Commission; or
Amendment 202 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the information has not first been provided by a legal or a natural persn undertaking or associations of undertakings upon request by the Commission.;
Amendment 205 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Prior to requesting information in accordance with Article 6, the Commission shall first adopt a decision stating its intention to use the power to request information from undertakings or associations of undertakings under this Regulation.
Amendment 206 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 – point a
Article 5 – paragraph 2 – subparagraph 2 – point a
(a) a summary description of the alleged serious difficulty of a cross-border dimension with the application of Union law and why such difficulty risks undermining the attainment of an important Union policy objectiveobjective of removing the barriers within the scope specified in Article 2 of this Regulation;
Amendment 221 #
2017/0087(COD)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
The undertakings or association of undertakings concerned by the request for information as referred to in Article 4 of this regulation are obliged to provide only information that is at their disposal.
Amendment 230 #
2017/0087(COD)
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 234 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
In the cases provided for in Article 4 and under the conditions laid down in Article 5, the Commission may, by simple request or by decision, require undertakings and associations of undertakings to provide information.
Amendment 239 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 245 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
The Commission shall not issuetherefore not requests for information in accordance with this Regulation tofrom micro- undertakings, unless they are part of a group of undertakings which qualifies at least as small group as defined in Article 6(5) of Directive 2013/34/EU.
Amendment 247 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 267 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
The decision referred to in paragraph 1 shall state the legal basis, the purpose of the requestdecision, specify what information is required and prescribe a proportionate time limit within which the information is to be provided. It shall also indicate the fines provided for in Article 9(1) and the periodic penalties payments provided for in Article 9(2), as appropriate.
Amendment 274 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1
Article 6 – paragraph 4 – subparagraph 1
The Commission shall simultaneously provide a copy of the simple request or of the decision referred to in this Article to the Member State in whose territory the registered seat of the undertaking or association of undertakings is situated.
Amendment 276 #
2017/0087(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Where the Commission has launched a formal infringement procedure pursuant to Article 258 TFEU, the Commission shall provide the Member State concerned by the procedure with a copy of all simple requests or decisions referred to in this Article issuadopted in the context of that procedure, irrespective of where the registered seat of the undertaking or association of undertakings is situated.
Amendment 285 #
2017/0087(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The undertakings or associations of undertakings providing information following a Commission’s decision to request for information based onadopted pursuant to Article 56 shall submit their answers to the Commission in a clear, complete and accurate manner.
Amendment 312 #
2017/0087(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
The Commission may only include information labelled as confidential information provided by undertakings or association of undertakings in documents to be transmitted to other parties or to be made public, in the following cases:
Amendment 314 #
2017/0087(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) where the Commission has previously obtained the express agreement of the respondent to disclose such information;
Amendment 318 #
2017/0087(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) where the disclosure of such information to a Member State is necessary to substantiate an infringement of Union law within the scope of Article 2 of this Regulation provided that the respondent has had the opportunity to make his views known before a decision is taken and to make use of available judicial remedies before disclosure.
Amendment 335 #
2017/0087(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 337 #
2017/0087(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) supply incorrect, incomplete or misleading information in response to a decision to request information adopted pursuant to Article 6(3) or do not supply the information within the prescribed time limit.
Amendment 391 #
2017/0087(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
The Commission, in the exercise of its powers under this Regulation, shall ensure a high level of cyber security and protection of data from misuse.
Amendment 394 #
2017/0087(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
This Regulation shall enter into force on the twentieth121st day following that of its publication in the Official Journal of the European Union.
Amendment 53 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3 a
Article 6 – paragraph 3 a
"3a. Where no opinion is delivered in the "3a. Where no opinion is delivered in the appeal committee, the Commission may appeal committee, the Commission may refer the matter to the Council for an refer the matter to the Council for an opinion indicating its views and opinion on the wider implications of the orientation on the wider implications of absence of opinion, including the the absence of opinion, including the institutional, legal, economic, political and institutional, legal, political and international implications. The international implications. The Commission shall take account of the Commission shall take account of any position expressed by the Council within 3 position expressed by the Council within 3 months after the referral. In duly justified months after the referral. In duly justified cases, the Commission may indicate a cases, the Commission may indicate a shorter deadline in the referral."; shorter deadline in the referral.";
Amendment 54 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3 a
Article 6 – paragraph 3 a
"3a. Where no opinion is delivered in the "3a. Where no opinion is delivered in the appeal committee, the Commission may appeal committee, the Commission may refer the matter to the Council for an refer the matter to the Council for an opinion indicating its views and opinion on the wider context of the orientation on the wider implications of absence of opinion, including the the absence of opinion, including the institutional, legal, economic, political and institutional, legal, political and international implications. The international implications. The Commission shall take account of any Commission shall take account of any position expressed by the Council within 3 position expressed by the Council within 3 months after the referral. In duly justified months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referral.";
Amendment 66 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 182/2011
Article 11
Article 11
Amendment 2 #
2016/2244(INI)
Motion for a resolution
Recital A
Recital A
A. whereas there is no common European definition of franchising, but it normally involveecause of the differences between franchising agreements, but one key feature of such agreements is a partnership between natural or legal persons that are legally and financially independent of each other, whereby one party (the franchisor) grants to the other party (the franchisee) the right to operate his franchising formula to sell goods and/or services, and shares know- how, the intention of both the franchisor and the franchisee being to generate business revenue;
Amendment 7 #
2016/2244(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in its resolution of 11 December 2013, Parliament welcomed franchising as a business model which supports new business and small-business ownership, but noted the existence of unfair contract terms in certain cases and called for transparent and fair contract terms; moreover, it drew the attention of the Commission and Member States, in particular, to problems faced by franchisees wishing to sell their business or change their business formula, whilst remaining active in the same sector and requested that the Commission examine the ban on price-fixing mechanisms in franchise systems and the effects of long- term competition clauses, purchase options and the prohibition of multi-franchising, and to reconsider in this respect the current exemption from competition rules for contracting parties having a market share of less than 30 %;
Amendment 52 #
2016/2244(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. States that franchisors have organised themselves both at national and European level for the representation of their interests, whereas often due to a lack of resources, franchisees often lack such representative organisations and arefranchisees are often under-represented;
Amendment 59 #
2016/2244(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and Member States to promote the creation of associations representingencourage dialogue between franchisors, franchisees, and to make sure that their voices are heard,decision-makers whenever policies or legislation are prepared that may affect them;
Amendment 64 #
2016/2244(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that there is a persistent lack of information on the functioning of franchising in the retail sector and calls on the Commission to open aMember States to assign, in cooperation with the Commission, contact points for information on problems encountered by franchisees, whilst guaranteeing the confidentiality of the information thus acquired;
Amendment 76 #
2016/2244(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes note of the European Code of Ethics for Franchising, developed by the European Franchise Federation, but also notes that the Code has been unilaterally drawn up by franchisors and has met with fundamental criticism from franchisees pointing, inter alia, to the fact that the code preceding the 2016 revision of the Code was worded more strongly in respect of the commitments of thecontent of the Code has been subject to criticism from franchisorees;
Amendment 92 #
2016/2244(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to examine complaints itMember States to submit complaints or other relevant information they receives through aexisting contact points or otherwise and to draw up a non-exhaustive list of unfair trading practices based on this informationto the Comission for further examination, which could help to draw up a non-exhaustive informative list for working purposes of unfair trading practices and to update guidelines on best practices;
Amendment 103 #
2016/2244(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points, in particular, to the need for correct and comprehensive pre-contractual information, including information on the franchise formula’s performance, both general and targeted towards the franchisee’s envisaged location, to be available in writing at least 15 working days prior to nd withe signing of the agreement, and the introduction of a five-day cooling- off period after executionufficient notice prior to the signing of the agreement;
Amendment 106 #
2016/2244(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the need for specialised initial training where necessary and appropriate guidance by the franchisor for franchisees during the term of the agreement;
Amendment 131 #
2016/2244(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Requests the Commission to draft guidelines on the cross-border aspects of franchising reflecting best practices on the functioning of franchising in the retail sector; invites the Commission in this respect to make an analysis of the existing self-regulatory instruments as well as of legislative practices of Member States in the field of franchising in the retail sector and to submit its findings to Parliament, including recommendations for further action, focusing on the need for effective enforcement;
Amendment 1131 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 183 – paragraph 1 – subparagraph 1
Rule 183 – paragraph 1 – subparagraph 1
Once the general debavotes hasve been concluded, any Member may give an oral explanation on thea single or final vote on a point presented to Parliament for not longer than one minute or give a written explanation of no more than 200 words, which shall be included in the verbatim report of proceedings and displayed on the Member’s page on the EP website.
Amendment 49 #
2016/0398(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Amendments or modifications to draft measures introduced by legislative assemblies or national parliaments during the parliamentary procedure should not be covered by the notification obligation laid down by this Directive. For the purposes of this Directive, fulfilment of the notification obligation should be assessed in relation to the draft measure in the form in which it is adopted at the end of the parliamentary procedure.
Amendment 55 #
2016/0398(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) Directive 2006/123/EC is a horizontal legal instrument affecting a significant number of laws and administrative provisions at different levels within a Member State's governance structures. In order to facilitate the competent authorities' compliance with this Directive and to maximise the efficiency of the notification procedure and reduce the administrative burden of that procedure, the Commission should provide guidance regarding the practical aspects of the notification procedure, in particular for municipal and local authorities. In order to ensure that the notification obligations of such authorities are proportionate, draft measures implementing authorisation schemes or requirements which have already been notified to the Commission and adopted by the Member State concerned at national level should not be subject to notification.
Amendment 63 #
2016/0398(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In the spirit of transparency and cooperation, where substantive amendments are made to a draft measure that is subject to an ongoing notification procedure under this Directive, the Commission, other Member States and stakeholders should be made aware of such amendments by the notifying Member State in due time. Modifications of merely clerical nature should not be communicated. In any event, the notification of substantive amendments should not significantly alter the deadlines set for the consultation. In such cases, the notifying Member State should notify those modifications at least one month prior to their adoption.
Amendment 103 #
2016/0398(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt Decisions requiring the Member State in question to refrain from adopting notified measures or, if already adopted, to repeal them, where they violate Directive 2006/123/EC. he Commission should have the power to issue alerts calling on Member States to comply with the requirements specified therein within one month and to indicate whether the necessary measures to correct the draft measure in compliance with the Commission’s alert have been implemented. Alerts should not hinder the adoption of any laws, regulations or administrative provisions of the notifying Member State. To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt Decisions. If, after the adoption of a draft measure, the Commission considers that it does not comply with Directive 2006/123/EC and if the Commission subsequently decides to bring the matter before the Court of Justice of the European Union pursuant to Article 258 TFEU, that decision should be accompanied by a proposal for the immediate suspension of all legal effects of the disputed text.
Amendment 224 #
2016/0398(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Where the Commission has issueds an alert in accordance with Article 6(1), it may, within a period of thre, and the Member State mconths after the date ofcerned nonetheless adopts the clomeasure of the consultation period referred to in Article 5(2), adopt a Decision finding the draft measure to be incompatiblconcerned without the modifications necessary to ensure its compliance with Directive 2006/123/EC, and requiring the Member State concerned to refrain from adopting the draft measure or, if such measure has been adopted in breach of Article 3(3) or Article 6(2), to repeal itthe Commission subsequently decides to bring the matter before the European Court of Justice pursuant to Article 258 TFEU, the Commission may, once it has notified the Member State concerned thereof, present a proposal for the immediate suspension of the legal effects of that measure.
Amendment 281 #
2016/0286(COD)
Proposal for a regulation
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, from a list of candidates proposed by the Commission or the Member States, following an open and transparent selection procedure.
Amendment 81 #
2016/0280(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In the fields of research, education and preservation of cultural heritage, digital technologies permit new types of uses that are not clearly covered by the current Union rules on exceptions and limitations. In addition, the optional nature of exceptions and limitations provided for in Directives 2001/29/EC, 96/9/EC and 2009/24/EC in these fields may negatively impact the functioning of the internal market. This is particularly relevant as regards cross-border uses, which are becoming increasingly important in the digital environment. Therefore, the existing exceptions and limitations in Union law that are relevant for scientific research, teaching and preservation of cultural heritage should be reassessed in the light of those new uses. Mandatory exceptions or limitationsThe procedure for uses ofing text and data mining technologies in the field of scientific research, illustration for teaching in the digital environment and for preservation of cultural heritage should be introducedset out. For uses not covered by the exceptions or the limitation provided for in this Directive, the exceptions and limitations existing in Union law should continue to apply. Directives 96/9/EC and 2001/29/EC should be adapted.
Amendment 93 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject-matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. TNo authorisation would be required in cases where text andor data mining may also beis carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.
Amendment 122 #
2016/0280(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introduce an exception or limitation to the rights of reproduction, communication to the public and making available to the public for the sole purpose of, among others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and the extraction or re-utilization of a substantial part of its contents for the purpose of illustration for teaching. The scope of those exceptions or limitations as they apply to digital uses is unclear. In addition, there is a lack of clarity as to whether those exceptions or limitations would apply where teaching is provided online and thereby at a distance. Moreover, the existing framework does not provide for a cross-border effect. This situation may hamperHaving regard to the possible negative impact on the development of digitally- supported teaching activities and distance learning. There, clear limits fore, the introducapplication of a newthe mandatory exception or limitation is necessary to ensure that educational establishments benefit from full legal certainty when using works or other subject-matter in digital teaching activities, including online and across bordersmust be set out in order to guarantee educational establishments greater legal certainty.
Amendment 50 #
2016/0149(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The tariffs applicable to low volume senders ofsenders of low volume cross-border parcels and other postal items, particularly small and medium-sized enterprises and individuals, are still relatively high. This has a direct negative impact on users seeking cross- border parcel delivery services, especially in the context of e-commerceonline purchases.
Amendment 53 #
2016/0149(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) There are fundamental differences between Member States when it comes to competences conferred on national regulatory authorities with regard to market monitoring and regulatory oversight of parcel delivery providers. This has been confirmed by a joint report48 prepared by the European Regulators Group for Postal Services and the Body of European Regulators for Electronic Communications, who concluded that national regulatory authorities need the appropriate regulatory powers to intervene and that such powers do not seem to be present in all Member States. Those differences result in additional administrative burdens and compliance costs for parcel delivery service providers who operate cross-border. Those differences therefore constitute an obstacle to the cross-border provision of parcel delivery services and thus have a direct effect on the functioning of the internal market. _________________ 48BoR (15) 214/ERGP PL (15) 32.
Amendment 55 #
2016/0149(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 65 #
2016/0149(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In most Member States there are several providers who provide domestic parcel delivery services, while only a few of those providers also provide cross- border parcel delivery services. In this context, it is essential to ensure, in order to safeguard and promote effective competition and to protect users, transparent and non-discriminatory access to the services and infrastructure necessary for the provision of cross-border parcel delivery services. It is therefore essential to ensure non-discriminatory access to the market for cross-border delivery service providers and to provide transparent and comprehensive information for consumers of these services.
Amendment 97 #
2016/0149(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Significant differences between domestic and cross-border tariffs for parcel delivery services should be justified by objective criteria, such as, for example, additional costs for transport and a reasonable profit margin. Universal service providers providing cross-border parcel delivery services should be required to provide such justification without delay.
Amendment 100 #
2016/0149(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure transparency across the Union, the analysis of a national regulatory authority should be submitted to the national regulatory authorities of the other Member States and to the Commission. Confidentiality is to be ensured by the national regulatory authorities andCommission, which will make the information available to the other national regulatory authorities. Confidentiality is to be ensured by the Commission. The Commission may also request the European Regulators Group for Postal Services to provide a Union-wide analysis on the basis of the national contributions.
Amendment 203 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. A parcel delivery service provider which employs fewer than 50 personsWhere fewer than 50 persons work for a parcel delivery service provider, irrespective of their contractual basis, and are involved in the provision of parcel delivery services in the Member State in which that provider is established, that provider shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member State.
Amendment 220 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Universal service providers providing parcel delivery services and having their headquarters in Member States where there is insufficient competition shall provide the national regulatory authority with the terminal rates applicable on 1 January of each calendar year to postal items originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 237 #
2016/0149(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The national regulatory authority shall assess the affordability of cross- border tariffs included in the public lists of tariffs obtained in accordance with Article 4(1), if there is insufficient competition in the Member State concerned, within 3 months of receipt of that information. In that assessment, in particular the following elements shall be taken into account:
Amendment 268 #
2016/0149(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 267 #
2016/0148(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authorities may investigate infringements referred to in Article 2 and prohibit traders from engaging in such infringements in the future. The competent authorities may impose penalties for those infringements within five years from the cessation of the infringementa time limit laid down by national provisions.
Amendment 306 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) adopt interim measures to prevent the risk of serious and irreparable harm to consumers, in particular the suspension of a website, domain or a similar digital site, service or account;
Amendment 312 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point h
Article 8 – paragraph 2 – point h
(h) start investigations or procedures to bring about the cessation or prohibition of intra-Union infringements or widespread infringements of its own initiative and where appropriate to publish information about this;
Amendment 316 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point i
Article 8 – paragraph 2 – point i
(i) obtain a commitment from the trader responsible for the intra-Union infringement or widespread infringement to cease the infringementfringement within the EU and where appropriate to compensate consumers for the harm caused;
Amendment 320 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point k
Article 8 – paragraph 2 – point k
(k) bring about the cessation or the prohibition of the infringement;
Amendment 328 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
(l) temporarily close down a website, domain or similar digital site, service or account or a part of it, including by requesting a third party or other public authority to implement such measures;
Amendment 335 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point n
Article 8 – paragraph 2 – point n
(n) order the trader responsible for the intra-Union infringement or widespread infringement to compensate consumers that have suffered harm as a consequence of the infringement including, among others, monetary compensation, offering consumers the option to terminate the contract or other measures ensuring redress to consumers who have been harmed as a result of the infringement;
Amendment 339 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point o
Article 8 – paragraph 2 – point o
(o) order the restitution of profits obtained as a result of infringements, including an order that those profits are paid to the public purse or to a beneficiary designated by the competent authority or under national legislation;
Amendment 341 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point p
Article 8 – paragraph 2 – point p
(p) publish any final decisions, interim measures or orders, including the publication of the identity of the trader responsible for the concerning intra-Union infringements or widespread infringementf consumer protection law;
Amendment 372 #
2016/0148(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 376 #
2016/0148(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The requested authority shall reply to the request using the procedure for information requests and within the normal time limits set out by the Commission in the implementing actfor the Member State concerned.
Amendment 381 #
2016/0148(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 391 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 431 #
2016/0148(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Where it is clear that the infringement has ceased as a result of commitments from the trader responsible for the infringement, the competent authorities may take enforcement measures pursuant to Article 18a without establishing a common position and inviting the trader responsible for the infringement to propose commitments.
Amendment 448 #
2016/0148(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The competent authorities concerned shall monitor the implementation of the commitments. They shall in particular ensure that the trader concerned regularly reports to the Commission about the progress of the implementation of the commitments. The competent authorities may, where appropriate, seek the views of consumer organisations, other concerned parties and experts to verify whether the steps taken by the trader are in line with the commitments.
Amendment 481 #
2016/0148(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 488 #
2016/0148(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
Amendment 512 #
2016/0148(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. EMember States shall ensure that evidence, documents, information, explanations and investigation findings made by a competent authority in one Member State in accordance with Articles 8 and 9 may be used for proceedings initiated in application of this Regulation by competent authorities in other Member States without further formin accordance with the applicable legal requirements.
Amendment 19 #
2016/0070(COD)
Proposal for a directive
Citation 3 a (new)
Citation 3 a (new)
Having regard to the reasoned opinions issued by national parliaments from 11 Member States objecting the Commission proposal on the grounds of subsidiarity,
Amendment 25 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The Treaty on the Functioning of the European Union in Article 56 provides that restrictions on the freedom to provide services are prohibited.
Amendment 31 #
2016/0070(COD)
Proposal for a directive
Recital 3
Recital 3
(3) According to Article 3 TEU, the Union shall promote social justice and protection. Article 9 TFEU gives the Union the task to promote a high level of employment, to guarantee an adequate social protection and to combat social exclusion through high levels of education, training and protection of human health.
Amendment 39 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whetherensure that the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services and the need to protect the rights of posted workers.
Amendment 45 #
2016/0070(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanenindefinite-contract workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking.
Amendment 47 #
2016/0070(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The Rome I Regulation generally permits employers and employees to choose the law applicable to the employment contract. However, the employee must not be deprived of the protectionThe level of protection for a posted employee must not fall below the level of the mandatory rules of the law of the country in which or, failing that, from which the employee habitually carries out his work. In the absence of choice, the contract is governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract.
Amendment 61 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
(8) IEspecially in view of the long duration of certain posting assignments, it is necessary to provide that, in case of posting lasting for periods higher than 24 months, the host Member State is deemed to be the country in which the work isclosely check and assess whether a posted worker temporarily carrieds out. In accordance with the principle of Rome I Regulation, the law of his or her work in the host Member States therefore applies to the employment contract of such posted workers if no other choice of law was made by the parties. In case a different choice was made, it cannot, however, have the result of depriving the employee of the protection afforded to him by provisions that cannot be derogated from by agreement under the law of the host Member State. This should apply from the start of the posting assignment whenever it is envisaged for more than 24 months and from the first day subsequent to the 24 months when it effectively exceeds this duration. This rule does not affect the right of undertakings posting workers to the territory of another Member State to invoke the freedom to provide services in circumstances also where the posting exceeds 24 months. The purpose is merely to create legal certainty in the application of the Rome I Regulation to a specific situation, without amending that Regul. Article 2 of this Directive defines the nature of posting as having a temporary character therefore temporary character is an indispensable feature of genuine posting. Article 4 paragraph 3 of the Enforcement Directive 2014/67/EU provides a clear list of elements of temporary nature of posting. In addition, the case law provides explanation of the notion of temporary nature of the provision of services, which is to be determined by its duration, regularity, periodicity and continuity. Therefore the temporary character, being the indispensable feature of posting, should be closely monitored and assessed, especially in the case of postings of long duration, in any way. The employee will in particular enjoy the protection and benefits pursuant to the Rome I Regulaorder to avoid abuse and circumvention.
Amendment 75 #
2016/0070(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Directive 2014/67/EU on the enforcement of Directive 96/71/EC provides a number of provisions to make sure that rules on posting of workers are enforced and are respected by all service providers. Article 4 of the enforcement directive provides a list of elements that should be assessed in order to identify the genuine posting and prevent abuse and circumvention.
Amendment 84 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 104 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay in accordance with their law and practice. However, these national rules on remunerationminimum rates of pay applied to posted workers must be proportionate, non- discriminatory and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services.
Amendment 110 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remunerationinformation on minimum rates of pay under national law or universally applicable collective agreements should be clear, up to date and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneris information on the single website provided for by Article 5 of the Enforcement Directive. In order to provide more transparency and clarity generally applicable collective agreements should be also accompanied by clear information on applicable minimum rates of pay. Social partners are also obliged to make public all collective agreements, which are applicable according to this Directive. Similarly, foreign subcontractors should be informed in writing about terms and conditions of employment that they should apply towards posted workers.
Amendment 124 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, regulations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibility to avoid rules guaranteeing certain terms and conditions of employment covering remunerationMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance with the applicable rules concerning posting in case of subcontracting chains. In the case of the construction sector Member States are obliged, by the Directive 2014/67/EU, to introduce appropriate liability measures in order to ensure fair competition and workers rights. WThere such rules on remuneration exist at national level, thefore laws, regulations, administrative provisions or universally applicable collective agreements applicable in Member States may apply them in a non- discriminatory mannensure that subcontracting does not confer ton undertakings posting workers to the possibilitsy territory provided that they do not disproportionately restrict the cross-border proviso avoid rules guaranteeing certain terms and conditions of servicesemployment.
Amendment 132 #
2016/0070(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work gives expression to the principle that the basic working and employment conditions applicable to temporary agency workers should be at least those which would apply to such workers if they were recruited by the user undertaking to occupy the sama comparable job. This principle should also apply to temporary agency workers posted to another Member State.
Amendment 137 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(-1) in Article 1, paragraph 2 is replaced by the following: “2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel.” (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML) as well as transport services such as transit, international transport and linked cabotage.” Or. en
Amendment 147 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 149 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2a
Article 2a
Amendment 177 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;minimum rates of pay
Amendment 208 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1a
Article 3 – paragraph 1a
Amendment 36 #
2015/2103(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that robots developed for both manufacturing and individual use of robots should be subject to product safety and consumer protection rules; believes that issues of data protection, liability and cybersecurity should be addressed in any policy on robotic ensuring minimum safety standards and addressing the heightened risk of accidents resulting from interaction with, or working in proximity to, humans; points to the need to adjust the current EU legal framework on data protection, liability and cybersecurity to the dynamic flow of data that may arise when robots become more autonomous and which is based on existing technical standards;
Amendment 57 #
2015/2103(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises that robotics and AI technologies are increasingly used in autonomous vehicles; notes that some Member States are already enacting or considering legislation in this area in particular; stresses that overregulation in robotics and robotic systems should be avoided, andthe legislation which has already been enacted in this area in particular in some Member States, or which is being considered, should reflect the common need for harmonized standardization for robotics, while avoiding overregulation; calls instead for future-proof minimum harmonisation, especially in relation to autonomous vehicles.
Amendment 4 #
2015/2061(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to the European Economic Area Joint Parliamentary Committee resolution of 17 March 2015 on Industrial Policy in Europe,
Amendment 5 #
2015/2061(INI)
Motion for a resolution
Citation 22 b (new)
Citation 22 b (new)
- having regard to the European Economic Area Joint Parliamentary Committee resolution of 17 March 2015 on the Transatlantic Trade and Investment Partnership and its possible implications for the EEA EFTA States,
Amendment 7 #
2015/2061(INI)
Motion for a resolution
Citation 24
Citation 24
- having regard to the 345th EEA EFTA States Internal Market Scoreboard,
Amendment 16 #
2015/2061(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with concern that according to the EEA EFTA States Internal Market Scoreboard, the current average transposition deficit of the three EFTA states has increased to 1.92 % from 0.51.9 % in NovemberJuly 20114;
Amendment 17 #
2015/2061(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the EEA EFTA states are involved in many EU programmes and agencies and in practical cooperation measures, such as the Internal Market Information System or SOLVIT, and contribute to EU cohesion through the EEA and the Norwegian Financial Mechanism; takes the view that this cooperation fosters the effective functioning of an enlarged Single Market;
Amendment 23 #
2015/2061(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the backlog of legal acts pending incorporation remains a concern, and therefore urges the EEA EFTA states to step up their efforts in close cooperation with the EU in order to uphold the integrity of the Single Market;
Amendment 26 #
2015/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges that prior agreement by all the EEA EFTA states regarding the determination of EEA-relevance is necessary and that technical adaptations may be required before incorporation; is concerned, however, that increasingthe many requests for adaptations and exceptions are leading to unnecessary delays and may fragmenting the Single Market; strongly calls on these countries to remedy this situation and to ensure a level playing field in the extended Single Market;
Amendment 29 #
2015/2061(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points out that the EU and the USA are currently negotiating a comprehensive free trade and investment agreement; emphasises that, under the terms of the EEA Agreement, the EEA EFTA states apply single market rules and that the impact of a successful trade and investment partnership would probably also affect the EEA EFTA states; emphasises, further, that the conclusion of TTIP must not lead to new trade barriers being set up between the EU and the EEA EFTA states;
Amendment 32 #
2015/2061(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the factIs concerned that Liechtenstein reduced it’s transposition deficit increased from 10.7 % to 0.7 %, which is below the deficit target1.2 %; is concerned, howevfurther, by the fact that its legislation concerning the entry and residence rights of certain family members of EEA nationals and the restrictions imposed on EEA nationals residing in Liechtenstein from taking up employment in another EEA state, which Liechtenstein sees as an arrangement based on special quota rules under the EEA Agreement, does not seem to be fully in line with EEA law;
Amendment 36 #
2015/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes note of the letter of 12 March 2015 sent by the Icelandic Government on its position as a candidate country for EU membership; strongly urges Iceland to step up its efforts to fulfil its obligations under the EEA Agreement given that it has a transposition deficit of 3.12.8 %, which is the highest of all the states concerned;
Amendment 39 #
2015/2061(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that Norway, with whom ties have strengthened over the past years, is part of the Frontrunners initiative, which aims to improve the Single Market; notes, however, that the transposition deficit has increased to 2.0 % and urges Norway to step up its efforts in this regard in particular with a view to completing the internal energy market;
Amendment 50 #
2015/2061(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes in this context the opening of the negotiations in May 2014 for an institutional framework as a precondition for the further development of a bilateral approach; stresses that without such a framework agreement no further agreements on Swiss participation in the internal market, including the Electricity Agreement, will be concluded; urges the Swiss Government to step up its efforts to progress with the negotiations on the outstanding issues;
Amendment 56 #
2015/2061(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes note of the outcome of the referendum of 9 February 2014 on the ‘Against Mass Immigration’ popular initiative and the decisions taken on 11 February 2015 by the Swiss Federal Council in relation to its implementation of a draft implementing law and new flanking measures; expects Switzerland to respect its obligations in particular those stemming from the Free Movement of Persons Agreement (FMPA); points out that the question of migration of citizens from third countries should not be confused with the free movement of persons as enshrined in the Treaties; notes in this respect that Switzerland has introduced unilateral measures in order to avoid discrimination against Croatian citizens but considers that these measures fall short of the Protocol extending the FMPA to include Croatia and that ratifying that Protocol would also clear the way for Switzerland's involvement in the Horizon 2020 programme to continue and be extended;
Amendment 58 #
2015/2061(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that the free movement of persons is one of the fundamental freedoms and a pillar of the Single Market and that it always has been an inseparable part of and precondition for the bilateral approach between the EU and Switzerland; therefore fully supports the EU’s rejection of July 2014 of the Swiss Authorities’ request to renegotiate the FMPA with a view to introducing a quota or a national preference system; notes with concern reports concerning the application by some firms and cantons of a national preference system, and points out that such a practice is at odds with the agreement on freedom of movement;
Amendment 61 #
2015/2061(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges that the current practice whereby taxi firms from EU Member States can provide services in Switzerland without restriction should continue, as it has long contributed to economic development in Swiss border regions and is mutually beneficial;
Amendment 62 #
2015/2061(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission to scrutinise more closely the implications of the purchase and leasing of land by Swiss farmers in EU border regions;
Amendment 63 #
2015/2061(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Deplores the introduction and subsequent tightening-up by Switzerland of unilateral flanking measures, such as the charging of fees to cover administrative costs, the requirement to constitute bonds or a combination of such measures, as these are seriously hampering the provision of services, in particular by SMUs, in Switzerland under the agreement; calls on Switzerland to revise these measures in order to bring them into line with the agreement on freedom of movement;
Amendment 64 #
2015/2061(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that the implementation in 2013 of Directive 2005/36 on the recognition of professional qualifications was long overdue and calls for a swift transposiincorporation of Directive 2013/55 amending itin the annex to the agreement on freedom of movement in the expectation that Switzerland will find ways of ensuring that the agreement remains in force;
Amendment 66 #
2015/2061(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission, in future, to consider all the implications for EU regions bordering on Switzerland of the introduction of new rules, such as the recent amendment of Article 561 of the regulation implementing the Customs Code to impose tight restrictions on the use for private purposes by employees resident on the customs territory of the EU of company cars registered in a third country;
Amendment 67 #
2015/2061(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Notes that in overall terms cooperation under the Agreement on mutual recognition in relation to conformity assessment (MRA) is satisfactory, but that the functioning of the agreement could be substantially improved if Switzerland were to pledge to update it consistently in line with developments in EU law;
Amendment 18 #
2015/2053(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Hopes, furthermore, that the Commission will submit without delay a legislative proposal with the aim of establishing a single European system of protection of geographical indications for non-agricultural products on a voluntary basis;
Amendment 80 #
2015/0288(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for sales of goods, taking as a base a very high level of consumer protection, is necessary.
Amendment 83 #
2015/0288(COD)
Proposal for a directive
Recital 3
Recital 3
(3) E-commerce is the main driver for growth within the Digital Single Market. However its growth potential is far from being fully exploited. In order to strengthen Union competitiveness and to boost economic growth, the Union needs to act swiftly and encourage economic actors to unleash the full potential offered by thecreate a transparent environment with a fully functioning Digital Single Market for economic actors. 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 engage in e- commerce 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 93 #
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 , businesses directing activities to consumers in other Member States need to take account of the mandatory consumer contract law rules of the consumer’s country of habitual residence. As these rules differ among Member States, businesses may be faced with additional costs, which has a negative impact on small and medium-sized enterprises in particular. Consequently many businesses may prefer to continue trading domestically or only export to one or two Member States. That choice of minimising exposure to costs and risks associated with cross-border e-commerce results in lost opportunities of commercial expansion and lost economies of scale. Small and medium enterprises are in particular affected, and has an overall negative impact on the potential of the Union's internal market. _________________ 40 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) OJ L177, 4.7.2008, p.6.
Amendment 98 #
2015/0288(COD)
Proposal for a directive
Recital 7
Recital 7
(7) While consumers enjoy a high level of protection when they purchase online or otherwise at a distance from abroad as a result of the application of Regulation (EC) No 593/2008, fragmentation, in particular, also impacts negatively on consumers’ levels of confidence in e-commerce. While several factors contribute to this mistrust, uncertainty about key contractual rights ranks prominently among consumers’ concerns. This uncertainty exists independently of whether or not consumers are protected by the mandatory consumer contract law provisions of their own Member State in the case where a seller directs his cross-border activities to them or whether or not consumers conclude cross-border contracts with a seller without the respective seller pursuing commercial activities in the consumer's Member State.
Amendment 115 #
2015/0288(COD)
(10) Increased competition among retailers is likely tocould 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 90 #
2015/0287(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for supply of digital content, taking as a base a very high level of consumer protection, is necessary.
Amendment 101 #
2015/0287(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the keymajor obstacles which hinder the development of the supply of digital content, as very few tailor-made rules exist at Union level. Businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when selling digital content across borders. Businesses also face costs when adapting their contracts to specific mandatory rules for the supply of digital content are already emerging in several Member States, creating differences in scope and content between specific national rules governing these contracts. In those Member States where there are not yet specific rules for the supply of digital content, traders wiselling to sell cross-border face uncertainty, as they will often not know which rules apply to digital content in the Member State they want to export to, nor the content of those rules and whether they are mandatory.
Amendment 105 #
2015/0287(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Consumers are notgenerally less confident when buying cross border and, especially when buying online. One of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear and uniform contractual framework for digital content. Many consumers of digital content experience problems related to the quality of, or access to, digital content. For instance, they receive wrong or faulty digital content, or they are not able to access the digital content in question. As a result, consumers suffer financial and non- financial detriment.
Amendment 175 #
2015/0278(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The approximation of national measures at Union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade and mobility, as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the Unvering expenses arising from fragmented legislation.
Amendment 118 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 125 #
2015/0269(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) It should be specified that the activities of a dealer include not only the manufacturing but also the modification or conversion a firearm, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, provided that it affects the category of such a firearm or ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities.
Amendment 137 #
2015/0269(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Member States should lay down particularly high requirements for secure storage with respect to firearms or ammunition classified in category A. Such requirements could include, where appropriate, measures ensuring real-time monitoring, as well as requirements to maintain essential components and ammunition in safe storage separate from the firearms in which they can be used.
Amendment 196 #
2015/0269(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, there is good cause. It should be possible for Member States, whilst not being under any obligation in that regard, to find that the acquisition and possession of firearms for the purpose of, for example, hunting, target shooting, various scientific, technical or testing activities, or self-defence and re-enactment of historical events, filmmaking or historical study can constitute good cause.
Amendment 206 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensurincrease the traceability of deactivatedfirearms and essential components and to facilitate their firearms, they should be registered in national registriese movement, the provisions of Directive 91/477/EEC should be clarified to ensure that both an assembled firearm and all essential components, whether included in an assembled firearm or not, are marked irremovably at the time of their being manufactured or imported unless the firearm has been deactivated in accordance with that Directive.
Amendment 389 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, including modification or conversion, trade, exchange, hiring out, or repair or conversion of parts of firearmf essential components;
Amendment 412 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forcesnational defence forces, encompassing all units and persons under their command or in their reserves, including the military, the police, or other public authorities. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 427 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any assembled firearm or part placed on the market has been markedessential component, when manufactured or imported, has been marked with an irremovable mark and registered in compliance with this Directive, or that it has been deactivated in accordance with the provisions implementing Article 10b and registered in compliance with this Directive.
Amendment 450 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm and each essential component, Member States shall, at the time of manufacture of each firearm or at the time of import and each essential component, or at the time of its being manufactured or imported into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 541 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall establish rules on appropriate storage of firearms, their essential components and ammunition, including when under transport, ensuring a level of security proportionate to the risk of unauthorised access and to the nature and category of the firearms concerned.
Amendment 587 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
Without prejudice to Article 2(2), Member States shall take all appropriate steps to prohibit the acquisition and the possession of the firearms and ammunition classified in category A and to destroy those firearms and ammunition held in violation of this provision and seized. In special cases the competent authorities may grant authorisations for such firearms and ammunition where this is not contrary to public security or public order.
Amendment 605 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodieschoose to grant authorisations to legal or natural persons dedicated to the gathering, study and concserned with the cultural and historicvation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aspects of weaponesthetic or heritage purposes and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired beforfor firearms and ammunition classified in category A, provided that such persons demonstrate [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b)at measures are in place to address any risks to public security or public order and that the firearm or firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms.
Amendment 708 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. TFor the purposes of the efficient application of this Directive, the competent authorities of the Member States shall exchange information on theby electronic means via a data-exchange platform or interoperable data-exchange platforms to be operational by ... [insert date], including information on authorisations granted for the transfers of firearms to another Member State as well as information with regard to refusals to grant authorisations as defined in Article 7. The Member States shall, upon request by another Member State, exchange information relevant to an assessment of the criminal history, if any, of persons who apply for or who have been granted exceptions pursuant to Article 6 or authorisations pursuant to Article 7.That information shall include the entire text of the corresponding judicial decision or decision of a relevant public authority.
Amendment 719 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The Commission shall be empowered to adopt delegated acts in accordance with Article 13a concerning the modalities of exchange of information on authorisations granted and on refusalsor refused for the transfer of firearms to another Member State. The Commission shall adopt the first such delegated act by ... [insert date].
Amendment 754 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 6
Annex I – part II – point A – category A – point 6
6. Automatic firearms which have been converted into semi-automatic firearms, unless the conversion was authorised and inspected by a relevant authority of a Member State;
Amendment 119 #
2014/0120(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Establishing single-member limited liability companies as subsidiaries in other Member States entails costs due to the diverse legal and administrative requirements which must be met in the Member States concerned. Such divergent requirements continue to exist among Member States and therefore companies might find it costly and difficult to conduct business across borders. The additional financial and administrative burdens and costs related to setting-up companies hamper the full development of business within the internal market.
Amendment 121 #
2014/0120(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In line with the Europe 2020 strategy, the Review of the Small Business Act for Europe18 advocated further progress in making smart regulation a reality, enhancing market access and promoting entrepreneurship, innovation, job creation and inclusive growth. __________________ 18 COM(2011) 78 final, 23.2.2011.
Amendment 122 #
2014/0120(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to foster more entrepreneurship in Europe and to facilitate the cross-border activities of SMEs and the establishment of single- member companies as subsidiaries in other Member States, the costs and administrative burdens involved in setting- up these companies should be reduced and the rules for businesses on the internal market of the Union should be simplified.
Amendment 128 #
2014/0120(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Single-member private limited liability companies formed and operating in compliance with Part 2 of this Directive should add to their names a common, easily identifiable abbreviation – SUP (Societas Unius Personae).
Amendment 130 #
2014/0120(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) To ensure consistency, the rules applicable to private limited liability companies in the Member State of registration of the SUP should apply to SUPs, including Directive 2009/101/EC and Directive 2013/34/EU. This Directive should be without prejudice to any national provisions governing matters outside its scope, such as matters related to labour law, tax law, accounting or insolvency.
Amendment 151 #
2014/0120(COD)
Proposal for a directive
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
(5a) 'online registration' means a registration procedure fully completed electronically at a distance without requiring the need of a physical presence of the founder before the authorities of the Member State of registration;
Amendment 156 #
2014/0120(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall not hinder SUPs from being single-members in other companies. Member States may establish rules prohibiting SUPs from being single- members in other limited liability companies if this leads to cross or circular ownership.
Amendment 161 #
2014/0120(COD)
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
This Directive is without prejudice to any national laws governing matters outside its scope, such as matters related to labour law, workers' participation in the management or supervisory bodies of companies, and the right to information and consultation, taxation, accounting or insolvency proceedings.
Amendment 165 #
2014/0120(COD)
Proposal for a directive
Article 9 – paragraph 3 – point a a (new)
Article 9 – paragraph 3 – point a a (new)
(aa) it has a single share and a share capital of at least EUR 1;
Amendment 177 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Member States shall ensure that the following templates may be used for on- line registration. The possibility to register an SUP on-line with the uniform template of articles of association shall not preclude the founder from registering on-line with its own bespoke articles of association if national law allows for it.
Amendment 178 #
2014/0120(COD)
Proposal for a directive
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2b. Member States shall ensure that an SUP may be registered on-line with the uniform template of articles of association. The obligation under Article 11 of Directive 2009/101/EC to have founding instruments drawn up and certified in due legal form shall be considered fulfilled if the founder draws up the founding instruments of SUP using the uniform template.
Amendment 199 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that the registration procedure for newly incorporated SUPs may be completed electronically in its entirety without it being necessary for the founding member to appearequiring the need of a physical presence of the founder before any authority in the Member State of registration (on-line registration).
Amendment 209 #
2014/0120(COD)
Proposal for a directive
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
5. Member States mayshall lay down rules for verifying the identity of the founding member, and any other person making the registration on the member's behalf, and the acceptability of the documents and other information submitted to the registration body. Any identification issued in another Member State by the authorities of that State or on their behalf, including identification issued electronically, shall be recognised and accepted for the purposes of the verification by the Member State of registrationWithout prejudice to paragraph 3, the process of registration and verification of identification of the founding member and/or a representative that registers the SUP on the member's behalf shall be governed by the applicable national law. Where, for the purposes of the first subparagraph, it is necessary for Member States to have recourse to administrative cooperation between them, they shall apply Regulation (EU) No 1024/2012.
Amendment 216 #
2014/0120(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Recognition of identification means for the purposes of on-line registration 1. For the purposes of on-line registration of an SUP, the registration authorities shall recognise: (a) electronic identification means issued under an electronic identification scheme approved for the purpose of on-line registration of SUPs by the Member State of registration; (b) an electronic identification means issued in another Member State complying with Article 6 of Regulation (EU) No 910/2014. 2. The registration authorities may also recognise other electronic or non- electronic identification means. When non-electronic identification means, issued in the Member State of registration, are recognised by the registration authorities for the purpose of on-line registration, the same type of non- electronic identification issued in other Member States shall be equally recognised. 3. Member States shall ensure that any measures taken to comply with this Article or Article 14 do not affect the possibility of on-line registration referred to in Article 14(3).
Amendment 222 #
2014/0120(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that the SUP is not subject to rules requiring the company to build up legal reservWithout prejudice to paragraph 1, Member States may require the SUP to build up legal reserves in accordance with the national law applicable to private limited liability companies listed in Annex I. Member States shall ensure that information on such requirements is provided on the national registration web- sites. Member States shall allow companies to build reserves in accordance with their articles of association.
Amendment 229 #
2014/0120(COD)
Proposal for a directive
Article 21 – paragraph 2 – point a a (new)
Article 21 – paragraph 2 – point a a (new)
(aa) mergers and divisions;
Amendment 230 #
2014/0120(COD)
Proposal for a directive
Article 21 – paragraph 2 – point a b (new)
Article 21 – paragraph 2 – point a b (new)
(ab) creation of reserves;
Amendment 240 #
2014/0120(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that their national law requires an SUPs to be dissolved or transformed into another form of company if SUPsit ceases to comply with the requirements laid down in this Directive. If an SUP fails to take appropriate steps to convert into another company law form, the competent authority shall be granted the powers necessary to dissolve the SUP.
Amendment 244 #
2014/0120(COD)
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article 30a Review By [2 years after the date of transposition of this Directive], the Commission shall review the operation of this Directive, in particular, in the light of the development of the Digital Single Market, as regards options to extend the scope to companies with more than one shareholder, and present a legislative proposal if appropriate.
Amendment 175 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point a
Article 8 – paragraph 2 – subparagraph 2 – point a
(a) to restrict access to any document containing trade secrets submitted by the parties or third parties, in whole or in part; to a limited number of persons, provided that at least one person from each party or its representative to the proceedings have been given full access to such document
Amendment 180 #
2013/0402(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – point b
Article 8 – paragraph 2 – subparagraph 2 – point b
(b) to restrict access to hearings, when trade secrets may be disclosed, and their corresponding records or transcript. In exceptional circumstances, and subject to appropriate justification, the competent judicial authorities may restrict the parties’ access to those hearings and order them to be carried out only in the presence of the legal representatives of the parties and authorised experts subject to the confidentiality obligation referred to in paragraph 1;, provided that at least one person from each party or its representative to the proceedings have been given full access to such hearing, record or transcript.
Amendment 55 #
2012/0060(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Price adjustment measures should not have a negative impact on on-going trade negotiations with the country concerned. Therefore, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement, the Commission may suspend the measures during the negotiatDoes not affect the English versions.)