281 Amendments of Mihai ŢURCANU
Amendment 5 #
2018/2008(INI)
Draft opinion
Citation 4 a (new)
Citation 4 a (new)
– having regard to the conclusions of the meeting of the Agriculture and Fisheries Council of 6 March 2017,
Amendment 8 #
2018/2008(INI)
Draft opinion
Citation 4 b (new)
Citation 4 b (new)
– having regard to the results of the comparative studies carried out by consumer protection authorities and organisations in several EU Member States,
Amendment 15 #
2018/2008(INI)
Aa. whereas, at the above meeting of the Agriculture and Fisheries Council, several Member States presented the results of studies showing that products were being sold in the EU with the same name and the same packaging but with different levels of quality, taste and/or ingredients, and pointed out that this practice may mislead consumers and creates unfair competition;
Amendment 22 #
2018/2008(INI)
Draft opinion
Recital B
Recital B
B. whereas proven differences in ingredients could in the long term affect consumers’ health, for example where the level of fat and/or sugar is higher than expected and when consumers are particularly vulnerable, or where fats of animal origin are replaced by fats of vegetable origin or vice versa, or where sugar is replaced with artificial sweeteners, or when the salt content is increased, particularly in the case of vulnerable consumers;
Amendment 37 #
2018/2008(INI)
Draft opinion
Recital C
Recital C
C. whereas European consumers in different Members States are unable to assess by themselves the potential differences in taste as well as in the composition of certain products when those differences are not recorded on the product label, and are therefore unable to make an informed purchasing decisions due to a lack of relevant information;
Amendment 45 #
2018/2008(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas labelling that does not correspond to the additives used or to the number of substitutes replacing basic ingredients misleads consumers and may pose a risk to their health;
Amendment 50 #
2018/2008(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas there are no legislative regulations on dual quality at European Union level;
Amendment 51 #
2018/2008(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
Cc. whereas the absence of European rules on dual quality means that it is not possible to compare or identify dual quality and there are no instruments that might be used to remedy the situation;
Amendment 53 #
2018/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the allocation of EUR 2 million for the development of a common testing methodology, and the inclusion in the EU budget for 2018 of a pilot project that aims to assess different aspects of dual quality for several categories of products; urges Member States and national authoritthe Commission further to allocate financial resources with a viesw to actively participate in ongoing initiatives to facilitate the processcarrying out comparative testing during a market surveillance period of at least two years in order to deter manufacturers who have used this misleading practice;
Amendment 74 #
2018/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need to boost the level of transparency with regard to the information provided to consumers by manufacturers through a regulation that will apply across Europe, through which all products marketed in the EU market are included in an online platform in the form of a European register of products marketed in the European market containing, for example, the information to be found on the product label, the name under which the product is marketed in each Member State, its nutritional characteristics and physiochemical parameters and a photo of the product, ensuring that the platform is readily accessible for the purposes of informing consumers;
Amendment 101 #
2018/2008(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages the Commission to put forward a proposal for a regulation at European level on the labelling and packaging of products that differ from the original recipe of the product, in keeping with the provisions of the Regulation on the provision of food information to consumers (Food Information to Consumers Regulation);
Amendment 114 #
2018/2008(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Commission to set up a specialised directorate under the coordination of the competent agency, with professionals in the field, that would carry out checks in manufacturers’ factories and conduct audits of the production flow in order to verify whether the composition of the recipe given by the manufacturer is being followed in cases where a suspicion of dual quality arises;
Amendment 28 #
2018/0197(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Thematic concentrations under this Regulation should be attained at national level while allowing for flexibility regarding operational programmes and between different categories of regions. Thematic concentrations could be adjusted, where appropriate, in line with resources earmarked for investment priorities emerging from the shift to a low-carbon economy. The degree of thematic concentration should take into account the level of development of individual regions, funding levels and the specific needs of regions whose GDP per capita was used as an eligibility criterion for the period 2014-2020.
Amendment 34 #
2018/0197(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In view of the objective of this Regulation, that is to say strengthening Union economic, social and territorial cohesion in order to promote sustainable development, account must be taken of regional development disparities, the extent to which less-favoured regions are lagging behind and the limited resources available to certain Member States or regions.
Amendment 40 #
2018/0197(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Account must be taken of the problems faced by certain underfunded local and regional authorities under a centralised administrative system. Major difficulties in terms of project co-funding are eroding cohesion fund take-up in the very regions most in need of investment to narrow socio-economic and territorial disparities.
Amendment 41 #
2018/0197(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to concentrate the support on key Union prioriattain the objectives, it is also appropriate that thematic concentration requirements should be respected throughout the programming per of the Member States, thematic concentration should be sufficiently flexible to adapt to the needs of each regiodn, including in the case ofenabling the Union to support transfer between priorities within a programme or between programmes. In this way, additional imbalances or deeper development disparities between regions are avoided.
Amendment 43 #
2018/0197(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) The effectiveness of public institutions and stakeholders and administrative efficiency should be further improved by means of additional technical and financial assistance to streamline the public service sectors being targeted by ERDF and CF measures.
Amendment 44 #
2018/0197(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Within the framework of sustainable urban development, it is considered necessary to support integrated territorial development in order to more effectively tackle the economic, environmental, climate, demographic and social challenges affecting urban areas, including functional urban areas, while taking into account the need to promote urban-rural linkages. The principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented, and the indicative amounts for those actions, should be set out in the programmes under the Investment for jobs and growth goal with a minimum target of 6% of the ERDF resources allocated at national level for that purpose. It should also be establishedmade clear that thisese percentages should benot respected throughout the programming period in the case of transfer between priorities within a programme or between programmes, including at the mid-term reviewtrict or constrain basic funding in any sector, given that, in certain Member States, basic infrastructure is identified as a key requirement for less developed regions.
Amendment 46 #
2018/0197(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) In order to achieve the objectives set, measures should be taken to promote regional or local mobility or reduce air and noise pollution.
Amendment 47 #
2018/0197(COD)
Proposal for a regulation
Recital 26 b (new)
Recital 26 b (new)
(26b) Measures should be taken to promote clean, sustainable and safe modes of transport.
Amendment 51 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. In accordance with the policy objectives set out in Article [4(1)] of Regulation (EU) 2018/xxxx[new CPR], the ERDF shall support the following specific objectives, taking into account the need for specific investment and infrastructure in each Member State:
Amendment 59 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point vii a (new)
Article 2 – paragraph 1 – point b – point vii a (new)
(viia) promoting investment in the waste sector in order to meet the established EU environmental requirements, especially in Member States where these requirements are being exceeded;
Amendment 60 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point vii b (new)
Article 2 – paragraph 1 – point b – point vii b (new)
Amendment 68 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 1 – point a
Article 2 – paragraph 3 – subparagraph 1 – point a
(a) improve the capacity of programme authorities, and bodies linked to the implementation of the Funds through technical and financial assistance;
Amendment 76 #
2018/0197(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point e a (new)
Article 4 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) investment in the reconversion of declining industrial regions and regions whose development is lagging;
Amendment 77 #
2018/0197(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a a (new)
Article 5 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) investments in measures to promote energy efficiency and renewable energy use, focusing on the specific needs of homes and residential and residential buildings;
Amendment 84 #
2018/0197(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Regulations (EC) No 1300/2013 and 1301/2013 or any act adopted thereunder shall continue to apply to programmes and operations supported by the ERDF or the Cohesion Fund under the 2014-2020 programming period. This Regulation shall not affect the continuation or modification (including total or partial cancellation) of assistance approved by the Commission under Regulations (EC) 1300/2013 and 1301/2013, or any act adopted pursuant thereto.
Amendment 85 #
2018/0197(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point 1 (new)
Article 12 – paragraph 1 – point 1 (new)
(1) Requests for assistance submitted or approved under Regulations (EC) 1300/2013 and 1301/2013 shall remain valid.
Amendment 234 #
2018/0106(COD)
Proposal for a directive
Article 1 – paragraph 1 – point a – point iii
Article 1 – paragraph 1 – point a – point iii
(iii) food and non-food product safety;
Amendment 239 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4 – indent 1 (new)
Article 3 – paragraph 1 – point 4 – indent 1 (new)
- 'information of public interest' means any information relating to or arising from the activities of a public or private entity and relating to rights, health and public finances;
Amendment 240 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 4 – indent 2 (new)
Article 3 – paragraph 1 – point 4 – indent 2 (new)
- ' general public interest' means any action that affects rights, health and public finances in general and involves public entities guaranteeing and respecting legitimate individual rights, freedoms and interests;
Amendment 246 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall designate the authorities competent to receive and handle reports to ensure that they are closely followed up and that reporting persons are protected.
Amendment 247 #
2018/0106(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member States shall ensure that reporting persons have access to legal aid during the procedure.
Amendment 40 #
2018/0018(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The outcome of HTA is used to inform decisions concerning the allocation of budgetary resources in the field of health, for example, in relation to establishing the pricing or reimbursement levels of health technologies. HTA can therefore assist Member States in creating and maintaining sustainable healthcare systems and to stimulate innovation that delivers better outcomes for patients, while patients have the right to health protection and protection against the financial, social and medical consequences of the disease, as well as unrestrained access to the latest therapeutic discoveries, which should be guaranteed by law in all Member States.
Amendment 49 #
2018/0018(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The time-frame for joint clinical assessments for medicinal products should, in as far as possible, be fixed by reference to the time-frame applicable to the completion of the central marketing authorisation procedure provided for under Regulation (EC) No 726/2004. Such coordination should ensure clinical assessments can effectively facilitate market access and contribute to the timely availability of innovative technologies for patients. AIn certain Member States, clinical assessments can start even before the marketing authorization has been granted by the Commission. To support the objectives of this Regulation and to avoid that the joint clinical assessments results in delays in those Member States compared to the status quo, as a rule, the process should be completed by the time of the publication of the Commission decision granting marketing authorisation.
Amendment 70 #
2018/0018(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. Taking into account the results of the work already undertaken in the EUnetHTA Joint Actions, this Regulation establishes:
Amendment 71 #
2018/0018(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) 'clinical assessment' means a compilation and evaluationanalysis of the available scientific evidence on a health technology in comparison with one or more other health technologies based on the following clinical domains of health technology assessment: the description of the health problem addressed by the health technology and the current use of other health technologies addressing that health problem, the description and technical characterisation of the health technology, the relative clinical effectiveness, and the relative safety of the health technology;
Amendment 73 #
2018/0018(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall designate their national authorities and bodies responsible for health technology assessment which inform decision-making at national level as members of the Coordination Group and its sub-groups and inform the Commission thereof and of any subsequent changes. Member States may designate more than one authority or body responsible for health technology assessment as members of the Coordination Group and one or more of its sub-groups. Each Member State may appoint to the Coordination Group at least one authority or body responsible with expertise in the field of medicinal products.
Amendment 98 #
2018/0018(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) an analysis description of the relative effects of the health technology being assessed on the patient-relevant health outcomes chosenagreed for the assessment;
Amendment 154 #
2018/0018(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. The Commission shall be empowered to adopt implementing acts in accordance with Article 31 concerning:
Amendment 161 #
2018/0018(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. The methodologies referred to in point (b) of paragraph 1 shall be developed on the basis of the existing EUnetHTA methodological guidelines and evidence submission templates. They shall be developed and agreed after consultations with all stakeholders, regularly updated to reflect the scientific evolution and shall be made publicly available.
Amendment 175 #
2018/0018(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. All confidential data provided by a manufacturer shall be covered by a clear confidentiality agreement. The Commission shall also ensure the protection of confidential data against unauthorised access or disclosure, and ensure the integrity of data stored against accidental or unauthorised destruction, accidental loss or alteration.
Amendment 6 #
2017/2006(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that regions and cities have already shown their commitment to combating climate change as major contributors to the LPAA and NAZCA initiatives; welcomes initiatives such as the EU Covenant of Mayors and the Under 2 Degrees Memorandum of Understanding and encourages more cities to join and commit ambitious climate action;
Amendment 38 #
2017/2006(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned that extreme weather events, such as heatwaves, floods and droughts, are expected to affect many parts of Europe more frequently, making people and ecosystems more vulnerable as long as no adaptation measures are taken; ; stresses the need to step up investments in green infrastructure that can help cities to cool or provide protection or relief during extreme weather events. Cities and regions are interlinked and depend on other cities and regions to provide them with essential services such as food, water and energy and the infrastructure to deliver them. Effective adaptation planning and development requires solid information about future climate risks facing a city and about how this translates into physical and economic vulnerabilities; reminds that we still have cities without city-specific climate risk information to inform planning and development decision-making process at local levels. This requires a joint and comprehensive approach combining dialogue and partnerships which crosses sectors and governmental levels;
Amendment 67 #
2017/2006(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation of a system of Locally Determined Contributions, to be implemented in direct connection and complementarity with the National Determined Contributions (NDCs)Highlights that meeting the Paris Agreement objectives will need more than action at government level;
Amendment 81 #
2017/2006(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to stimulate energy transition and local investment in climate mitigation and adaptation measures, by streamliningreamline regulations, reducinge bureaucracy, enablinge innovative solutions, and encouraginge partnerships with local communities and civil society, with a view to promoting climate action;
Amendment 41 #
2017/0354(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The internal market comprises an area without internal frontiers in which the free movement of goods is ensured in accordance with the provisions of the Treaties. Quantitative restrictions on imports and allny measures having equivalent effect are prohibited between Member States. That prohibition covers any national measure which is capable of hindering, directly or indirectly, actually or potentially, intra-Union trade in goods. Free movement of goods is ensured in the internal market by harmonisation of rules at Union level setting common requirements for the marketing of certain goods or, for goods or aspects of goods not fully covered by Union harmonisation rules, by the application of the principle of mutual recognition.
Amendment 43 #
2017/0354(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Obstacles to the free movement of goods between Member States may be unlawfully created if, in the absence of Union harmonisation rules covering goods or a certain aspect of goods, a Member State's competent authority applies national rules to goods of that type lawfully marketed in another Member State, requiring the goods to meet certain technical requirements, for example requirements relating to designation, form, size, weight, composition, presentation, labelling or packaging. The application of such rules to goods lawfully marketed in another Member State could be contrary to Articles 34 and 36 of the Treaty even if the rules apply without distinction to all goods.Does not affect the English version.)
Amendment 48 #
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 need to be duly justified, and the principle of proportionality must always be respected, regard being had to whether the competent authority has in fact made the least restrictive decision 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. In order to assist Member States in their task of justifying restrictions to the principle of mutual recognition, the Commission may provide guidance on the concept of overriding reasons of public interest and on how to apply the principle of mutual recognition.
Amendment 56 #
2017/0354(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) It is important to clarify that the types of goods covered by this Regulation include agricultural products. The term 'agricultural products' includes products of fisheries, as provided for in Article 38(1) of the Treaty. The Commission may further develop an indicative and non- exhaustive list up to date online in order easily to identify which types of goods are subject to this Regulation.
Amendment 72 #
2017/0354(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to enhance the efficiency and competitiveness of businesses operating in the non-harmonised area, it should be possible to benefit from new information technologies for the purposes of facilitating the provision of the mutual recognition declaration. Therefore, economic operators shouldmust be able to make their declaration available online.
Amendment 96 #
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 by the competent national authorities at the request of the SOLVIT centre. For the purposes of collecting additional information or documents necessary for completing its assessment, the Commission should inform the relevant SOLVIT centres about its communications with the economic operator or competent authority concerned. The Commission's intervention should be subject to a reasonable time- limit, in compliance with the European Code of Good Administrative Behaviour.
Amendment 107 #
2017/0354(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down rules and procedures concerning the application by Member States of the principle of mutual recognition, in individual cases, in relation to goods lawfully marketed in another Member State and subject to Articles 34 and 36 of the Treaty. The aim of this Regulation is to strengthen the functioning of the internal market by improving the functioning of the mutual recognition principle.
Amendment 110 #
2017/0354(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Regulation applies to goods of any type, including agricultural products, and to administrative decisions taken or to be taken by a competent authority of a Member State ('the Member State of destination') in relation to any such goods lawfully marketed in another Member State, where the decision meets bothe following criteria:
Amendment 114 #
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, instructions for use and conformity assessment procedures;
Amendment 117 #
2017/0354(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) 'prior authorisation' means an administrative procedure under the law of a Member State whereby the competent authority of that Member State is required, on the basis of an application by an economic operator, to give its formal approval before goods may be made available on the domestic market in that Member State;Does not affect the English version.)
Amendment 126 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The producer of goods, or goods of a given type, that are being or are to be made available on the domestic market in a Member State ('the Member State of destination') may draw up a voluntary declaration (a 'mutual recognition declaration') in order to demonstrate to the competent authorities of the Member State of destination that the goods, or goods of that type, are lawfully marketed in another Member State.
Amendment 139 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The declaration shall be completed in one of the official languages of the Union and, where that language is not the language required by the Member State of destination, it shall be translated by the economic operators into the language or languages required by the Member State of destination.
Amendment 234 #
2017/0354(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission's opinion shall be communicated to all parties involved in the case as well as to the market surveillance authorities within the meaning of Regulation (EC) No 765/2008 by means of the system referred to in Article 11. The opinion shall be considered during the SOLVIT procedure referred to in paragraph 1.
Amendment 24 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the lack of adequate whistleblower protection may have a negative impact on the implementation of EU policy on environmental protection, public health and food safety;
Amendment 26 #
2016/2224(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve food safety; most notably, the publication of the study on SARS (severe acute respiratory syndrome) and other hazardous diseases that were threatening millions of people in China, and those which helped to avoid dangers to the environment in the US;
Amendment 48 #
2016/2224(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that proper legislation in this area will also help to prebuildserve and consolidate trust in scientific expertise;
Amendment 68 #
2016/2224(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Suggests that EU agencies adopt a written policy on protection from reprisals for people reporting irregularities, as well as whistleblowers;
Amendment 69 #
2016/2224(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Points out that in most cases the work of whistleblowers is based on the principles of transparency and integrity; the protection of whistleblowers should therefore be guaranteed by law and reinforced throughout the Union, but only if the purpose of their action is to protect the public interest by acting in good faith in accordance with the jurisprudence of the European Court of Human Rights;
Amendment 74 #
2016/2224(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that whistleblowers help to uncover environmental crimes, which may result in public health and food safety issues, should fall within the scope of any EU instrument protecting whistleblowersand they should benefit from protection instruments in these areas throughout the Union;
Amendment 80 #
2016/2224(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action; protect the whistleblower and where appropriate his or her relatives from any kind of retaliatory action; points out in this regard that the EU institutions, in cooperation with all relevant national authorities, should introduce and take all necessary measures to protect the confidentiality of information sources in order to prevent any discriminatory actions or threats;
Amendment 89 #
2016/2224(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the important role of investigative journalism and calls on the Commission to ensure that its proposal offers the same level of protection to both investigative journalists and whistleblowers;
Amendment 90 #
2016/2224(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Highlights the fact that whistleblower protection is essential in order to protect the public interest and promote a culture of public accountability and integrity in both public and private institutions;
Amendment 97 #
2016/2224(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Encourages the Member States to develop benchmarks and indicators on whistleblower policies in both the public and private sector;
Amendment 4 #
2016/2223(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the European Court of Auditors report "Combating Food Waste: an opportunity for the EU to improve the resource-efficiency of the food supply chain" (2016)1a , _________________ 1a http://www.eca.europa.eu/en/Pages/DocIt em.aspx?did=40302.
Amendment 16 #
2016/2223(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas according to the World Food Programme (WFP) 795 million people in the world do not have enough food to lead a healthy and active life; whereas poor nutrition causes nearly half (45%) or approximately 3.1 million of deaths in children under the age of five; whereas one in six children in the world are underweight and one in four is stunted; whereas it is therefore not only an economic and environmental but also a moral obligation to reduce food waste1a ; _________________ 1a https://www.wfp.org/hunger/stats.
Amendment 24 #
2016/2223(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Sustainable Development Goal (SDG) 12.3 is aimed at halving per capita global food waste at the retail and consumer levels by 2030 and reducing food losses along production and supply chains, including post-harvest losses; whereas the UN estimates that world population will increase from 7.3 billion people today to 9.7 billion in 20501a ; whereas reducing food waste is an essential step in reducing world hunger and a necessity to feed an ever growing world population; _________________ 1a http://www.un.org/en/development/desa/n ews/population/2015-report.html
Amendment 32 #
2016/2223(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas reducing food waste can improve the economic situation for households without lowering the standard of living;
Amendment 39 #
2016/2223(INI)
Motion for a resolution
Recital E
Recital E
E. whereas food is lost or wasted at all steps of the supply and consumption chain; whereas estimates from the FUSIONS project indicate that the sectors contributing the most to food waste within the EU are households and processing10 ; whereas food waste in developing countries mainly occurs due to infrastructure and technological limitations; _________________ 10 FUSIONS, Estimates of European food waste levels, March 2016.
Amendment 113 #
2016/2223(INI)
1. Stresses the urgent need to reduce the amount of food waste in the Union at every step of the supply and consumption chain; in this regard, underlines the importance of political leadership and commitment from both the Commission and Member States; reminds that the European Parliament repeatedly, in its resolutions from 2011, 2012, 2015 and 2016, asked the Commission to take action against food waste;
Amendment 191 #
2016/2223(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the recent creation of the EU Platform on Food Losses and Food Waste; reiterates the importance of exchanging best practices, combining knowledge and avoiding duplication with other relevant forums such as for example the EU Retail Forum on Sustainability, the European Food Sustainable Consumption and Production Roundtable, the High Level Forum for a Better Functioning Food Supply Chain, the Consumer Goods Forum;
Amendment 204 #
2016/2223(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the Commission and the Member States to engage, in cooperation with stakeholders, in improving consumers’ understanding of ‘use by’ dates and ‘best before’ dates; stresses the importance of empowering consumers in order to make informed decisions; asks the Commission to assess whether current EU legislation and current practice in use with ‘use by’ and ‘best before’ dates in different Member States are fit for purpose;
Amendment 213 #
2016/2223(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission, in cooperation with the Member States, to issue recommendations regarding refrigeration temperatures, based on evidence that non-optimal and improper temperature leads to food becoming prematurely inedible and causes unnecessary waste; underlines the fact that harmonised levels of temperature throughout the supply chain would improve product conservation and reduce food waste for products transported and sold cross-border;
Amendment 231 #
2016/2223(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on all actors in the food supply chain to take their shared responsibility and implement the Joint Food Wastage Declaration 'Every Crumb Counts' and 'Retail agreement on waste'; points out that the retail sector meets millions of consumers every day, and is in a unique position to increase knowledge and raise awareness related to food waste, thereby facilitating informed choices; underlines that marketing practices such as "buy one, get one for free" increases the risk that consumers buy more than they can use; in this regard also highlights the need to offer smaller package sizes for smaller households; welcomes that some retailers sell food items with short use-by dates at discount prices but believes that practice should be more widespread;
Amendment 238 #
2016/2223(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Member States to promote successful practices of food waste reduction and resource conservation methods already used by stakeholders; encourages the Member States to reduce food waste in public establishments; in this regard emphasizes the importance of educating and engaging children to minimize food waste in school canteens; asks the Quaestors to give priority to actions to reduce food waste in the European Parliament and encourages other European institutions to follow;
Amendment 256 #
2016/2223(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission and Member States to use European development funds to improve the food chain infrastructure to reduce food waste in developing countries;
Amendment 261 #
2016/2223(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Reiterates that egg waste is still one of the main issues for retailers; asks the Commission to look into ways to reduce egg waste taking into account the scientific assessment from EFSA as well Member States to properly inform consumers on this important issue;
Amendment 271 #
2016/2223(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses the important role of national authorities to help actors along the food supply chain to use edible food and food close to expiry, taking a promotional instead of punishing approach when implementing food safety rules;
Amendment 272 #
2016/2223(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Welcomes the establishment of "Social Grocery Shops", as well as public and private partnerships with charity organizations, to make the best possible use of edible but not sellable food;
Amendment 306 #
2016/2223(INI)
14a. Calls on restaurants, catering services and public establishments to make available to-go boxes and encourage customers to bring their leftovers home;
Amendment 338 #
2016/2223(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers the digital revolution and innovation a possibility to further reduce food waste; believes that collaborative economy services such as co-cooking, smart packaging and the Internet of things are important to increase awareness and promote sustainable consumption;
Amendment 127 #
2016/2222(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, in cooperation with Member States, to decide on criteria and standards with a view to setting a common objective in order to reduce deforestation and produce sustainable palm oil;
Amendment 140 #
2016/2222(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that an important element involves cooperation with producing countries through exchanging information on sustainable and economically viable developments and trading practices; supports producing countries in their efforts to develop sustainable practices that can help to improve lives and the economy in those countries;
Amendment 187 #
2016/2222(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Supports the Indonesian Government's recent peatland moratorium, which should prevent plantations being expanded on afforested peatland; supports the setting-up of a Peatland Restoration Agency for the purpose of restoring 2 million hectares of fire-hit peatland;
Amendment 194 #
2016/2222(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to strengthen environmental measures in its trade and development cooperation agreements with a view to preventing palm oil-related deforestation; notes that strengthening governance and forestry institutions at local and national level is a precondition for an effective environment policy;
Amendment 8 #
2016/2145(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the proposal to develop a European Open Science Cloud, which could serve as a cloud model for the public and private sector and help extend the user base to governments and industry, thereby enabling the development of a strong cloud industry in Europe; believes that the adoption of cloud services should also be encouraged in vertical industries such as banking, finance and health;
Amendment 20 #
2016/2145(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the Commission’s intention to remove barriers to the free movement of data and data services and disproportionate data localisation requirements by linking the European Cloud Initiative to the fFree fFlow of dData proposalInitiative, on which a Communication is due to be published by the end of 2016; considers that, in order to achieve a digital society, the free flow of data must be regarded as the fifth freedom within the Single Market;
Amendment 44 #
2016/2145(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to establish judiciously the conditions for non-participation (opt-out) in respect of open data access so as to avoid the risk of scientific protectionism;
Amendment 45 #
2016/2145(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that the development of a clear legislative framework and broadly-accepted standards applicable to the digital age would enable cloud service providers to continue to innovate and will increase consumer confidence in adopting cloud solutions; considers that these measures should be complemented by the implementation of the European General Data Protection Regulation and Network and Information Security Directive;
Amendment 48 #
2016/2145(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that at present 12% of the financing committed under the European Fund for Strategic Investments goes to digital-related actions; urges the Commission to present targeted steps which could enhance the involvement of the EFSI in DSM-related projects, including data-sharing initiatives and digital accessibility; calls on the Commission also to bring forward proposals through which support could be provided for the European Open Science cloud outside the Horizon 2020 Framework Programme for Research and Innovation;
Amendment 13 #
2016/2100(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that EU competition law and authorities need to guarantee a level playing field in the digital single market; calls on the Commission to pursue a policy of active, effective and accelerated enforcement of the competition rules, in particular in the online search and mobile internet sector, in order to combat the abuse of dominant positions and thereby remove barriers to innovation and to enable EU consumers to seize all the opportunities that a genuine digital single market can offer; calls for the closure of lengthy key proceedings in this area before the end of this year;
Amendment 35 #
2016/2100(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for active monitoring of all possible competition issues related to unjustified geo- blocking and other restrictions on online sales; regrets that most e-commerce takes place nationally and that a true internal market without national barriers is not existing in this sector; welcomes the ongoing e-commerce sector enquiry, which should be conducted thoroughly and brought to an expeditious close and which may provide useful input for other actions within the digital single market strategy;
Amendment 45 #
2016/2100(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the need for the timely and proper implementation of Directive 2014/104/EU on antitrust damages actions, and encourages the Commission in the strongest possible terms to monitor its implementation closely and to pursue this issue with the Member States; strongly regrets that the implementation is proceeding slowly and many of the Member States have adopted not even a proposal for implementing legislation; therefore, encourages the Commission in the strongest possible terms to monitor its implementation closely and to pursue this issue with the Member States; stresses that access to justice, which may include the availability of collective redress, is essential for the attainment of the objectives of EU competition policy;
Amendment 57 #
2016/2100(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Looks forward to the Commission’s proposal on the ECN+, and calls for the full involvement of the European Parliament under the ordinary legislative procedure; considers that effective tools to tackle distortions of competition are crucial for the functioning of the single market, and that it is imperative to ensure that consumers and businesses can rely on the consistent application of EU competition rules throughout the EU.; considers that European-wide minimum standards are particularly needed as regards leniency programs, sanctions and the independence of national competition authorities;
Amendment 60 #
2016/2100(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the current revision of the General Block Exemption Regulation (GBER); recalls that there is legal uncertainty regarding the issue of whether the allocation of public funding to tourism organisations in its current form is in line with EU state aid rules; calls on the Commission to provide an adequate legal state aid basis for the Member States to support tourism as an important economic factor in the internal market; therefore, stresses the need to take up a new GBER exemption.
Amendment 66 #
2016/2100(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Regards competition in the telecommunication sector as crucial to drive innovation and investment in networks, as well as for choice in services for consumers; regards the rapid broadband expansion as key to the completion of the digital single market; welcomes in this context that the Commission will consider the strategic connectivity objectives, as set out in the Telecommunication Package, when applying the Broadband State Aid Guidelines.
Amendment 71 #
2016/0403(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Cross-border trade and cross-border investment in certain business and constructionconstruction and business services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.
Amendment 77 #
2016/0403(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and constructionconstruction and business service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.
Amendment 98 #
2016/0403(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. In any case, all of such documents should be used and accepted in simple form.
Amendment 108 #
2016/0403(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure uniform implementation of this Regulation in relation to the presentation of the description of liabilities according to Article 11, implementing powers to adopt rules on the standardiszed presentation format of that statement should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 116 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
This Regulation does not affect the matters mentioned in Article 1(2) to (7) of Directive 2006/123/EC. It shall not have any impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does therefore not introduce the country of origin principle.
Amendment 122 #
2016/0403(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. "information on the good repute of a provider" means information as referred to in Article 33 (1) of Directive 2006/123/EC - provided that this means only completed procedures;
Amendment 123 #
2016/0403(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. "home Member State" means the Member State toin which a provider addressed the application for a European services e-carose territory the provider of the service concerned is established;
Amendment 124 #
2016/0403(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 19 a (new)
Article 3 – paragraph 1 – point 19 a (new)
19a. ‘insurance intermediary’ means any natural or legal person, other than an insurance or reinsurance undertaking or their employees and other than an ancillary insurance intermediary, who, for remuneration, takes up or pursues the activity of insurance distribution in accordance with Article 2(1) of Directive EU 2016/97 of the European Parliament and of the Council;
Amendment 130 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point b
Article 4 – paragraph 1 – subparagraph 3 – point b
(b) statistical identification code of the service activity, the host Member State, the type of European services e-card envisagedies that the applicant envisages to provide, the host Member State where the applicant intends to provide services, the type of European services e-card envisaged, specifying whether the applicant intends to make use of a reserved title while establishing in the host Member State, as appropriate;
Amendment 131 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point c a (new)
Article 4 – paragraph 1 – subparagraph 3 – point c a (new)
(ca) indication whether pre-approval as an economic operator active in public procurement in accordance with Article 64 of Directive 2014/24/EU or Article 46 of Directive 2009/81/EC is envisaged;
Amendment 134 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point g
Article 4 – paragraph 1 – subparagraph 3 – point g
(g) information on any existing professional indemnliability insurance of the provider in relation to professional liability in the territory of the home Member State, including information on the cover for activities carried out in the territory of other Member States, as appropriate;
Amendment 141 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall provide to the Commission with all information on the procedural steps related to requirements imposed on providers for the provision of services through a branch, agency or office and for temporary cross-border provision of service activities falling under Directive …[ESC Directive]……….., necessary for the development of the standard application forms, describing the information and documents the presentation of which is required under national law of the provider in relation to all applicable requirements, through IMI by [9 months after entry into force of this Regulation] to the extent that the information was not contained in the notification of the requirement itself already submitted under Articles 15(7) and 39(5) of Directive 2006/123/EC. The procedural steps mentioned in the preceding subparagraph shall include those regarding registration in the official lists of approved economic operators in accordance with Article 64 of Directive 2014/24/EU and Article 46 of Directive 2009/81/EC, as appropriate.
Amendment 144 #
2016/0403(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
The insurance distributorundertaking or the body appointed by a Member State to provide compulsory insurance shall provide the certificate to the applicant upon requesinsurance distributor or to the applicant upon request. The insurance intermediary shall hand the certificate over to the applicant.
Amendment 148 #
2016/0403(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
Providers who are natural persons and apply for or already hold a European services e-card may submit a declaration in advance in relation to their own professional qualifications in an electronic platform connected to IMI under the same conditions as prescribed by paragraph 1 of Article 6 in relation to their workers.
Amendment 149 #
2016/0403(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Regarding declarations in advance in relation to the professional qualifications of the provider, the proof of nationality, the details of insurance cover, the attestations referred to in points (b) and d) of Article 7(2) of Directive 2005/36/EC and the means of proof referred to in point (d) of that Article shall be replaced by the completed application form for a European services e- card, communicated to the host Member State in accordance with Article 11 of Directive ... [ESC Directive]…….., proving legal establishment of the provider.
Amendment 173 #
2016/0403(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement on Better law-making of 13 April 2016.
Amendment 178 #
2016/0403(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
By 360 months after entry into force of this Regulation and at the latest every five years thereafter, the Commission shall carry out an evaluation of this Regulation and submit to the European Parliament and the Council a report on its performance, including an analysis of the impact on administrative burden incurred upon by service providers active across borders. This report shall also include an assessment of any practical experience relevant to cooperation between coordinating authorities. This report shall contain an assessment of the appropriateness of introducing a European services e-card for other service activities. It shall contain an evaluation of Directive …….[ESC Directive]… in line with its Article 21.
Amendment 179 #
2016/0403(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
The Commission shall, as part of the review, assess whether and how to introduce a harmonised multilingual format for the insurance certificate as referred to in Article 5 of this Regulation. If the outcome of the assessment deems a standardised multilingual format for the insurance certificate appropriate, the Commission shall adopt rules accordingly.
Amendment 81 #
2016/0402(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the legal and operational framework of the European services e-card introduced by Regulation ....[ESC Regulation].... (Text with EEA relevance) and for the coordination of provisions concerning the freedom of establishment and the freedom to provide certain services
Amendment 82 #
2016/0402(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 50(1), 53(1) and 62 thereof,
Amendment 90 #
2016/0402(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Cross-border trade and cross-border investment in certain business and constructionconstruction and business services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.
Amendment 92 #
2016/0402(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and constructionconstruction and business service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 95 #
2016/0402(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) Other service sectors suffer from a similarly low level of cross-border trade and cross-border investment, do not have sector-specific legislation to allow their cross-border expansion and are important for business because of their role as service recipients.However, it is important to give time to the Commission to adapt the IMI to this Directive and to the Member States to adopt measures to implement the European services e- card.Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of extending the scope of this Directive to those other sectors at later stage under specific conditions.
Amendment 114 #
2016/0402(COD)
Proposal for a directive
Recital 26
Recital 26
(26) A coordinating authority of the host Member State should provide clarity as to which requirements apply to the incoming service provider, considering the latter is already established in another Member State. The coordinating authority of the host Member State should ensure the provider knows which requirements govern performance of services in the host Member States, including those applicable once it obtains the European services e- card. The information on the requirements should be included in the application forms. For establishment, i.e., provision of services through branches, agencies or offices, the identification of applicable requirements by the coordinating authority of the host Member State fulfils a different purpose: it lists the requirements the compliance of which the incoming service provider is required to prove before the e- card can be issued.
Amendment 116 #
2016/0402(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) In the assessment of an application for a European services e- card, as specified in Article 12 and Article 13, the host Member State should not duplicate requirements and controls which are equivalent or essentially comparable as regards their purpose to which the provider is already subject in the home Member State.
Amendment 130 #
2016/0402(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down the legal and operational framework for the European services e-card introduced by Regulation ……[ESC Regulation]…….. and coordinates provisions concerning the freedom of establishment and the freedom to provide certain services.
Amendment 132 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. TChapters II and III of this Directive appliesy to the services listed in thewithin the meaning of Annex I. Chapter IIIa of this Directive applies to the services within the meaning of Annex Ia.
Amendment 133 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
This Directive does not affect the matters mentioned in Article 1(2) to (7) of Directive 2006/123/EC. It shall not have any impact on the regulatory requirements for the provision of services that are in place at national level, such as rules concerning social protection, consumer rights, health and safety or the environment. It does therefore not introduce the country of origin principle.
Amendment 135 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
It shall not apply to the activities and fields mentioned in Article 2(2) and (3) of Directive 2006/123/EC or to information society services.
Amendment 138 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU, as well as in relation to posting of workers who are third country nationals from another Member State.
Amendment 141 #
2016/0402(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. "home Member State" means the Member State toin which a provider addressed the application for a European services e-carose territory the provider of the service concerned is established;
Amendment 144 #
2016/0402(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1 a. 'European services e-card' means an electronic certificate, resulting from a harmonised procedure, proving that its holder is a service provider legally established in the home Member State, entitled, in that territory, to provide the service activities in question, as well as proving that its holder is entitled to perform activity in the territory of the host Member State, without establishing there or through a branch, agency or office located therein, as the case may be, and to continue such provision, for as long as it remains valid.
Amendment 146 #
2016/0402(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3 a. “professional qualification requirements” means requirements of professional qualifications as defined in point (b) of Article 3(1) of Directive 2005/36/EC;
Amendment 147 #
2016/0402(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 b (new)
Article 3 – paragraph 1 – point 3 b (new)
3 b. "corporate control" means control as defined in Article 3(2) of Council Regulation (EC) 139/2004;
Amendment 148 #
2016/0402(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 c (new)
Article 3 – paragraph 1 – point 3 c (new)
3 c. "corporate designation" means a specific name or part of a name, including an ending designation, used to designate a corporate body.
Amendment 151 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A European services e-card for temporary cross-border service provision is an electronic certification, resulting from a harmonised procedure, that stipulates the right of its holder to start provision of services, without establishing, in the host Member State, and to continue such provision, for as long as it remains valid. A host Member State shall not impose any prior authorisation scheme, prior notification scheme or an establishment requirement on the holder of a previously issued European services e- card for temporary cross-border provision of services as a condition for such provision of services in its territory. These schemes shall include registration in the official lists of approved economic operators in accordance with Article 64 of Directive 2014/24/EU and Article 46 of Directive 2009/81/EC, as appropriate.
Amendment 152 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A European services e-card for secondary establishment is an electronic certification, resulting from a harmonised procedure, that stipulates the right of its holder to start provision of services in the host Member State through a branch, agency or office located in the territory of this Member State, and to continue such provision, for as long as it remains valid. A host Member State shall not impose any prior authorisation scheme or prior notification scheme on the holder of a previously issued European services e-card for establishment as a condition for establishment in its territory through a branch, agency or office located in its territory. These schemes shall include registration in the official lists of approved economic operators, in accordance with Article 64 of Directive 2014/24/EU and Article 46 of Directive 2009/81/EC, as appropriate.
Amendment 153 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. A host Member State shall refrain from imposing on holders of a previously issued European services e-card requirements other than those referred to in paragraphs 1 and 2 the compliance of which has been or is deemed to have been verified under Artnot impose any authorisation scheme or notification scheme on a holder of a European services e-card, once service provision in its territory has started, which duplicates equivalent or essentially comparable controls to which the provider was subject as part of the procedure for issuing the European servicles 11 to 13e-card.
Amendment 154 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Paragraphs 1, 2 and 3 are without prejudice to reporting obligations imposed on the holder of a European services e-card or the performance of checks, inspections or investigations from competent authorities during the provision of the service, in compliance with EU law. During the checks, authorities competent for inspections or investigations shall take into account the European services e– card as a proof of completion of the requirements foreseen in a European services e–card.
Amendment 159 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
A European services e-card for establishment shall be valid, as regards the service activities covered by that e-card, throughout the territory of the host Member State through one or more branches, agencies or offices located in the territory of this Member State except where an authorisation for each additional branch, agency or office is based on the provisions justified in accordance with Article 10(4) of Directive 2006/123/EC. In case an authorisation as referred to in the second subparagraph is required under the national law of the host Member State, an additional European services e-card may be requested in order for its holder to obtain the right to start provision of services in the host Member State through the additional branch, agency or office in question.
Amendment 166 #
2016/0402(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Providers of service activities for which a European professional card for establishment has been introduced, in accordance with Directive 2005/36/EC, shall not be eligible for a European services e-card for establishment. Those providers shall be eligible for a European services e-cardthat purpose except as regards requirements and provisions referenced in the second subparagraph of Article 4a(5) of Directive 2005/36 EC.
Amendment 167 #
2016/0402(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
In assessing applications for the European services e-card, Member States shall retainhave the right to invoke those overriding reasons of public interests recognised under Directive 2006/123/EC, in particular Article 16 thereof, or other acts of EU law.
Amendment 171 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onetwo weeks of having received an application for a European services e-card:
Amendment 174 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) verify whether European services e- cards issued in relation to other home Member States for the same provider and service activityies have been revoked or cancelled, or that cancelation has been requested to allow replacement of those e- cards by the European services e-card to which the application refers to;
Amendment 178 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicate without delay the application to the coordinating authority of the host Member State, with information to the applicant. This communication shall constitute proof of establishment of the applicant in the territory of its home Member State, entitled, in that territory, to provide the service activities to which the application refers.
Amendment 179 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within two weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the coordinating authority of the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, tThe application form shall include the information about abovementioned requirements. The coordinating authority of the host Member State may, alternatively and within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that in accordance withe application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of thosble Union law. In this case, the coordinating authority of the host Member State shall specify the applicable legislation and why the decision is necessary and appropriate for the purpose of safeguarding the overriding reasons of publicgeneral interest set out in Article 16 of Directive 2006/123/EC or is admissibleinvoked and how the decision does not go beyond what is necessary to attain that purpose, in accordance with other acts of EUUnion law.
Amendment 184 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. If the host Member State finds that the requirements already met by the applicant in its home Member State sufficiently fulfil the purpose of the requirement imposed by the host Member State, the host Member State cannot object the European services e-card. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4.
Amendment 189 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, iIf the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1 of this Article, that time limit shall automatically be extended by two additional weeks and t. The electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that there is no objection to the issue of the European services e-card to the applicant.
Amendment 191 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
Amendment 195 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within four weeks from receiving the application, identify which,examine ift any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interestd determine whether compliance with requirements imposed under a prior authorisation scheme or prior notification scheme under its national law, is required. The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member State. The requirements mentioned in this paragraph shall not result in the need for reincorporation or corporate restructuring of the service provider in its home Member State, or in the need for cessation of activities legally pursued by the applicant in the territory of the home Member State.
Amendment 197 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
Amendment 199 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Upon receipt of the reactdecision byof the coordinating authority of the host Member State to the applicationimpose requirements under its national law in accordance with paragraph 1, the applicant shall be allowed to provide proof of compliance with the conditions identified by the coordinating authority of the host Member State under the paragraph 1therein.
Amendment 204 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within one week, whether to issue the European services e- card or reject the application for the European services e-card. The declaration of intention of rejection of the application and the decision to reject the application, notified to the holder of the European services e-card through the electronic platform where the standard form for application is made available, shall be fully reasoned, detailing which of the conditions identified in accordance with paragraph 1 have been deemed not complied with by the applicant and the reasons therefore.
Amendment 207 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1 a (new)
Article 13 – paragraph 5 – subparagraph 1 a (new)
Where the coordinating authority of the host Member State intends to reject the application in accordance with the conditions laid down in this Article, the coordinating authority of the host Member State shall inform the applicant and the coordinating authority of the home Member State, and state its reasons. The applicant shall have two weeks to submit its observations.
Amendment 208 #
2016/0402(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Coordinating authorities in the home Member State shall not require providers to provide information andincluding documents which are available to those authorities in accordance with paragraph 2 of this Article or Article 14(32) of Regulation ….[ESC Regulation]….. when applying for a European services e-card or to prove compliance, in the context of a European services e-card for establishment, with conditions identified by the coordinating authority of the host Member State in accordance with Article 13(1).
Amendment 210 #
2016/0402(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The coordinating authority in the home Member State shall obtain the information andincluding documents required for the purposes referred to in paragraph 1 which are available to other authorities in the home Member State or originate from those authorities, in accordance with the rules on the protection of personal data as provided for in Directive 95/46/EC, Regulation (EU) No 2016/679 and national legislation.
Amendment 214 #
2016/0402(COD)
Proposal for a directive
Article 15 – paragraph 2 – point i
Article 15 – paragraph 2 – point i
(i) made use of information orincluding documents in the context of the procedure to issue the e-card which have been ascertained to be fraudulent, inaccurate or falsified by a final decision of either home or host Member State, not subject to appeal under the applicable national law;
Amendment 220 #
2016/0402(COD)
Proposal for a directive
Article 16 – paragraph 3 – point vi
Article 16 – paragraph 3 – point vi
(vi) is no longer legally established in the home Member State, for any other reason.
Amendment 221 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
A Member State which detects a reason to trigger the suspension or revocation of a European services e-card, in accordance with Articles 15 or 16, occurring in its territory shall communicate via IMI to the holder of the European services e-card in question the motivation therefore and shall give it the opportunity to be heard. The preceding subparagraph shall not apply in case of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 223 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Once a Member State concludes on the need to suspend or revoke a European services e-card it shall do so without delay, in case its coordinating authority is the issuing authority of the e-card in question, or it shall communicate without delay to the issuing coordinating authority its conclusion on the need to suspend or revoke the European services e-card in question, including by application of a measure put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 224 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
The notification mentioned in Article 35(6) of Directive 2006/123/EC shall constitute the communication referred to in the first subparagraph, as appropriate. The issuing coordinating authority which receives the communication of a conclusion on the need to suspend or revoke the European services e-card from another Member State shall immediately suspend or revoke the European services e- card in question, as appropriate.
Amendment 227 #
2016/0402(COD)
Proposal for a directive
Chapter 3 a (new)
Chapter 3 a (new)
Amendment 234 #
2016/0402(COD)
Proposal for a directive
Annex I – title
Annex I – title
Services to which Chapters II and III of this Directive appliesy
Amendment 257 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.4 (new)
Annex I – Section N – Division 82 – Group 82.4 (new)
Group 82.4. Registration of a branch, agency, office
Amendment 258 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.5 (new)
Annex I – Section N – Division 82 – Group 82.5 (new)
82.5 VAT registration
Amendment 259 #
2016/0402(COD)
Proposal for a directive
Annex I – Section N – Division 82 – Group 82.6 (new)
Annex I – Section N – Division 82 – Group 82.6 (new)
82.6 Registration for social security purposes
Amendment 260 #
2016/0402(COD)
Proposal for a directive
Annex I a (new)
Annex I a (new)
Amendment 165 #
2016/0288(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The convergence of the telecommunications, media and information technology sectors means that all electronic communications networks and services should be covered to the extent possible by a single European Electronic Communications Code established by a single Directive, with the exception of matters better dealt with through directly applicable rules established through regulations. It is necessary to separate the regulation of electronic communications networks and services from the regulation of content. This Code does not therefore cover the content of services delivered over electronic communications networks using electronic communications services, such as broadcasting content, financial services and certain information society services, and is therefore without prejudice to measures taken at Union or national level in respect of such services, in compliance with Union law, in order to promote cultural and linguistic diversity and to ensure the defence of media pluralism. The content of television programmes is covered by Directive 2010/13/EU of the European Parliament and of the Council21. The regulation of audiovisual policy and content aims at achieving general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors. TUnless explicitly excluded from the scope of application of the Code, electronic communications networks and services are covered by this Code. Also, the separation between the regulation of electronic communications and the regulation of content does not prejudice the taking into account of the links existing between them, in particular in order to guarantee media pluralism, cultural diversity and consumer protection. __________________ 21 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 263 #
2016/0288(COD)
Proposal for a directive
Recital 256
Recital 256
(256) Member States should ensure that undertakings providing end-users with number-based interpersonal communications services provide reliable and accurate access to emergency services, taking into account national specifications and criteria and the capabilities of national PSAPs. Where the number-based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service, the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate PSAP with the same reliability. For such network-independent undertakings, namely undertakings which are not integrated with a public communications network provider, providing caller location information may not always be technically feasible. Member States should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network-independent providers of number-based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications service. Where such standards and the related PSAP systems have not yet been implemented, network-independent number-based interpersonal communications services should not be required to provide access to emergency services except in a manner that is technically feasible or economically viable. As an example, this may include the designation by a Member State of a single, central PSAP for receiving emergency communications.
Amendment 310 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'electronic communications service’' means a service normally provided for remuneration via publicly available electronic communications networks, which encompasses 'internet access service' as defined in Article 2(2) of Regulation (EU) 2015/2120; and/or 'interpersonal communications service'; and/or services consisting wholly or mainly in the conveyance of signals, such as transmission serviceof signals used for the provision of machine- to- machine services and for broadcasting, but excludes services providing, or exercising editorial control over, content transmitted using electronic communications networks and services;
Amendment 315 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'interpersonal communications service’' means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons(s) initiating or participating in the communication determine its recipient(s); i. It is the nature of such a service that it is bidirectional. It does not include services which enable interpersonal and interactive communication mereonly as a minor ancillary feature that is intrinsically linked to another service;.
Amendment 321 #
2016/0288(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
(32) voice communications’' means an electronic communications service made available to the public for originating and receiving, directly or indirectly, national or national and international calls through a number or numbers in a national or international telephone numbering plan;
Amendment 459 #
2016/0288(COD)
Proposal for a directive
Article 79 – paragraph 2
Article 79 – paragraph 2
2. Member StatesBEREC, in close cooperation with the European Commission, shall define the functional internet access service referred to in paragraph 1 with a view to adequately reflect services used by the majority of end-users in their territorwhich are indispensable to ensure social and economic participation in society. To that end, the functional internet access service shall be capable of supporting the minimum set of services set services set out by BEREC in close cooperation with the European Commission, taking into account in Annex Vnational specifics.
Amendment 527 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a 1. By [3 months after adoption of this directive], the European Commission jointly with BEREC shall initiate a review of the market of intra-Union communications services terminating in another Member State with a view to assessing measures necessary to eliminate market distortion that leads to abusive pricing. The Commission shall review, inter alia, the degree of competition in intra-Union fixed communications services markets, and in particular shall assess available tariffs for the consumer. This encompasses available tariffs in the scope of voice only contracts, voice services bundled into larger service contracts and available tariffs over the internet access services and OTT's. In assessing measures necessary to enable possible measures to protect consumers, the Commission and BEREC shall take into account the need to ensure that the providers of intra-EU calls are able to recover all costs of providing intra-EU calls, including joint and common costs. 2. By [6 months after start of the assessment], the Commission shall submit a report to the European Parliament and to the Council on the findings of the review referred to in paragraph 1. If decided to be necessary, that report shall be accompanied by an appropriate legislative proposal preceded by a public consultation, to address the intra-EU call tariffs or to provide for another solution to address the issues identified.
Amendment 546 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point a – point i – indent 1
Article 95 – paragraph 1 – point a – point i – indent 1
- for internet access services: at least latency, jitter, packet loss,the information relating to speed and quality as set out in Article 4 of Regulation (EU) 2015/2120
Amendment 555 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – introductory part
Article 95 – paragraph 1 – point c – introductory part
(c) as part of the information on priceremuneration:
Amendment 559 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 1 – point c – point ii
Article 95 – paragraph 1 – point c – point ii
(ii) tariff information regarding any numbers or services subject to particular pricing conditions; with respect to individual categories of services, NRAs may require such information to be provided immediately prior to connecting the callIn case of remuneration other than money an information on the kind of remuneration, notwithstanding Regulation (EU) 2016/679 in case of personal data as remuneration,
Amendment 571 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 2 – indent 1
Article 95 – paragraph 2 – indent 1
- for publicly available interpersonal communications services only, any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility;
Amendment 572 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 2 – indent 2
Article 95 – paragraph 2 – indent 2
- the end-user's rightfor publicly available interpersonal communications services only, the option to determine whether or not to include his or her personal data in a directory, and the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC;
Amendment 592 #
2016/0288(COD)
Proposal for a directive
Article 96 – paragraph 1
Article 96 – paragraph 1
1. National regulatory authorities shall ensure that the information referred to in Annex VIIIrticle 95 is published in a clear, comprehensive and easily accessible form by the undertakings providing publicly available electronic communications services other than number-independentinternet access services and interpersonal communications services, or by the national regulatory authority itself. National regulatory authorities may specify additional requirements regarding the form in which such information is to be published.
Amendment 613 #
2016/0288(COD)
Proposal for a directive
Article 97 – paragraph 1
Article 97 – paragraph 1
1. National regulatory authorities may require providers of internet access services and of publicly available number- based interpersonal communications services to publish comprehensive, comparable, reliable, user-friendly and up- to-date information for end-users on the quality of their services and on measures taken to ensure equivalence in access for disabled end-users. That information shall, on request, be supplied to the national regulatory authority in advance of its publication. Measures of providers of publicly available interpersonal communications services to ensure quality of service shall respect net neutrality and shall be taken on a best effort basis.
Amendment 653 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 1
Article 100 – paragraph 1
1. IfWhere a bundle of services or a bundle of services and goods offered to an end- user comprises at least a publicly available electronic communications service other than number-independent interpersonal communications services, Articles 95, 96 (1), 98 and 99 (1) shall apply mutatis mutandis to all elements of the bundle except where the provisions applicable to another element of the bundle are more favourable to the end- useris offered to consumers Article 98 (1) and the information requirements listed in points (a) to (e) of Article 95(5) shall apply mutatis mutandis to all elements of the bundle. A bundle for the purpose of this article is to be understood as consisting of an internet access service and/or interpersonal communications service with different but complementary terminal equipment and services provided by the same provider either i) under the same contract, or ii) under the same and subordinate contracts or iii) under the same and under linked contracts provided for a single combined price.
Amendment 660 #
2016/0288(COD)
Proposal for a directive
Article 100 – paragraph 2
Article 100 – paragraph 2
2. Any subscription to additional services or goods provided or distributed by the same provider of publicly available electronic communications services other than number-independent interpersonal communications services shall not re-start the contract period of the initial contract period unless the additional services or goods are offered at a special promotional price available only on the condition that the existing contract period is re-startedconsumer and provider have explicitly and legally agreed to it.
Amendment 669 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 1
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, are able to access the emergency services and of private electronic communication networks, are able to access the emergency services, or, where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘'112’' and any national emergency number specified by Member States.
Amendment 675 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and, emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service for originating communications to a number in a national telephone numbering plan provide access to emergency services through emergency communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the oblig to the extent such emergency communications can reasonably be provided using location infor undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c)mation that is available to number- based interpersonal communications service providers and in a manner that is consistent with the Member State's existing emergency calling infrastructure.
Amendment 702 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset- derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘'112’'. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
Amendment 719 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 a (new)
Article 102 – paragraph 7 a (new)
7a. The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.
Amendment 723 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 b (new)
Article 102 – paragraph 7 b (new)
7b. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse- 112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.
Amendment 746 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 1 – subparagraph 1
Article 106 – paragraph 1 – subparagraph 1
Member States may impose reasonable ‘'must carry’' obligations, for the transmission of specified radio and television broadcast channels and the related complementary services, particularly accessibility services tohat enable appropriate access for disabled end-users and data supporting connected TV services and electronic programme guides, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channels to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channels. Such obligationsMember States who impose 'must carry' obligations may also impose reasonable 'must offer' entitlements as regards specified radio and television broadcast channels of general interest on undertakings under their jurisdiction holding the relevant rights. 'Must carry' obligations referred to in the first subparagraph shall only be imposed where they are necessary to meet general interest objectives as clearly defined by each Member State and shall be proportionate and transparent.
Amendment 754 #
2016/0288(COD)
Proposal for a directive
Article 106 – paragraph 2
Article 106 – paragraph 2
2. Neither paragraph 1 of this Article nor Article 57(2) shall prejudice the ability of Member States to determine appropriate remuneration, if any, in respect of measures taken in accordance with this Article while ensuring that, in similar circumstances, there is no discrimination in the treatment of undertakings providing electronic communications networks. Where and services. If remuneration is provided for, which Member States shall ensure that itregulate in national law (including the amount of payment), such remuneration is applied in a proportionate and transparent manner.
Amendment 21 #
2016/0151(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and 62168 thereof,
Amendment 41 #
2016/0151(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co-regulatory codes of conduct are used to effectively reduceduce to a minimum the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines.
Amendment 47 #
2016/0151(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, where a Member States should be encouraged to ensure that self-and opts for co- regulatory codes of conduct arion, this should be used to effectively limitto reduce the exposure of children and minors to audiovisual commercial communications for alcoholic beverages. Certain co-regulatory or self- regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages.
Amendment 54 #
2016/0151(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In May 2016, the European Audiovisual Observatory published a report on the transfer of European films to video-on-demand platforms and cinemas in the European Union, which stressed the significant difference that exists between EU films and US films in this respect and noted that EU films circulate better on video-on-demand services than do films of other origins.
Amendment 61 #
2016/0151(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide opinions, in conjunction with the national authorities, on jurisdiction upon the Commission's request.
Amendment 68 #
2016/0151(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouragneed to ensure that self-and co- regulatory codes of conduct are used to effectively reduce the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines.
Amendment 69 #
2016/0151(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouragneed to ensure that self-and co- regulatory codes of conduct are used to effectively limit the exposure of children and minors to audiovisual commercial communications for alcoholic beverages. Certain co- regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverages.
Amendment 75 #
2016/0151(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The market for TV broadcasting has evolved and that there is a need for more flexibility with regard to audiovisual commercial communications, in particular for quantitative rules for linear audiovisual media services, product placement and sponsorship, while at the same time providing sufficient protection for the consumer. The emergence of new services, including without advertising, has led to a greater choice for viewers, who can easily switch to alternative offers.
Amendment 80 #
2016/0151(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Product placement shouldought not to be admissible in news and current affairs programmes, consumer affairs programmes, religious programmes and programmes with a significant children’s audience. In particular, evidence shows that product placement and embedded advertisements can affect children’s behaviour as children are often not able to recognise the commercial content. There is thus a need to continue to prohibit product placement in programmes with a significant children’s audience. Consumer affairs programmes are programmes offering advice to viewers, or including reviews on the purchase of products and services. Allowing product placement in such programmes would blur the distinction between advertising and editorial content for viewers who may expect a genuine and honest review of products or services in such programmes.
Amendment 84 #
2016/0151(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 94 #
2016/0151(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominence. There is a need in this respect to set criteria centring on the quality of European works distributed under the majority share system, in such a way that consumers are able to access or view them as part of a significant audience.
Amendment 100 #
2016/0151(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure that obligations on promotion of European works do not undermine market development and to allow for the entry of new players in the market, service providers operating on smaller markets or facing an economic crisis and/or companies with no significant presence on the market should not be subject to such requirements. This is in particular the case for companies with a low turnover and low audiences and small and micro enterprises as defined in Commission Recommendation 2003/361/EC33 . It could also be inappropriate to impose such requirements in cases where – given the nature or theme of the on-demand audiovisual media services– they would be impracticable or unjustified. At the same time, it would be worthwhile having a system that encourages financial assistance for the production of quality European works, such as through tax incentives. __________________ 33 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 103 #
2016/0151(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) It would be recommendable for Member States to adopt a simple joint reporting system, linked to a single database for European works and independent productions as defined according to the criteria set in the directive;
Amendment 104 #
2016/0151(COD)
Proposal for a directive
Recital 25 b (new)
Recital 25 b (new)
(25b) Imposing financial obligations could also be viewed as a competitive disadvantage, in that national providers would have to compete against service providers established in another Member State in order to secure the same audiences and revenue, but with scarcer means and under different requirements. National providers could benefit from flexibility when it comes to adapting business models for the promotion of European works, while avoiding the introduction of measures that could distort competition. In that respect, the calculation of the share reserved for works should be made on the basis of all the programme services provided by a media group, rather than on the basis of each individual programme service provided by a media group;
Amendment 109 #
2016/0151(COD)
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters. At the same time, in order to guarantee the protection of minors, it should be possible to apply the relevant technical measures to all platforms on which audiovisual programmes are provided or retransmitted. If no such requirement is imposed on the distributors of traditional audiovisual programmes, minors will be able to access television services with a pornographic content that are retransmitted on those platforms in line with the principle of broadcasting freedom.
Amendment 123 #
2016/0151(COD)
Proposal for a directive
Recital 30
Recital 30
(30) It is appropriate to involve the video-sharing platform providers as much as possible when implementing the appropriate measures to be taken pursuant to this Directive. Co-regulation shouldought therefore to be encouraged. With a viewIn order to ensuringe a clearer and more consistent approach in this regard across the Union, Member States should not be entitled to require video-sharing platform providers to take stricter measures to protect minors from harmful content and all citizens from content containing incitement to violence or hatred than the ones provided for in this Directive. However, it should remain possible for Member StatesAt the same time, Member States should still be able to take such stricter measures where that content is illegal, provided that they comply with Articles 14 and 15 of Directive 2000/31/EC, and to take measures with respect to content on websites containing or disseminating child pornography, as required by and allowed under Article 25 of Directive 2011/93/EU of the European Parliament and the Council35. It should also remain possible for video-sharing platform providers to take stricter measures on a voluntary basis. __________________ 35 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).
Amendment 127 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(2a) Encourages Member States to request audiovisual service providers not to broadcast information the disclosure of which is liable to cause financial damage, or whose dissemination is liable to panic, misinform or manipulate the public, prior to the official announcement of the outcome of enquiries, audits or official checks by the competent authorities, since there is a possibility that such information could prove false and have an adverse financial impact on the internal market. Exemptions shall apply in cases where a public withdrawal is necessary and is officially announced by the competent authorities or made spontaneously by an economic agent, as well as in cases where consumers’ attention is drawn publically to potential risks.
Amendment 128 #
2016/0151(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The video-sharing platform providers covered by this Directive provide information society services within the meaning of point (a) of Article 2 of Directive 2000/31/EC. Those providers are consequently subject to the rules on the internal market set out in Article 3 of that Directive, if they are established in a Member State. It is appropriate to ensure that the same rules apply to video-sharing platform providers which are not established in a Member State with a view to safeguarding the effectiveness of the measures to protect minors and citizens set out in this Directive and ensuring a level playing field in as much as possible, in as far as those providers have either a parent company or a subsidiary which is established in a Member State or where those providers are part of a group and another entity of that group is established in a Member State. To that effect, arrangements should be made to determine in which Member State those providers should be deemed to have been established. The Commission should be informed of the providers under each Member State's jurisdiction in application of the rules on establishment set out in this Directive and in Directive 2000/31/EC. In this connection, the concept of ‘video-sharing platform provider’ should be understood in the broadest sense of the term, so as to include linear service providers/ platforms for the retransmission of audiovisual media services, regardless of the technical means used for retransmission (cable, satellite or internet).
Amendment 129 #
2016/0151(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities. Member States shouldought therefore to guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, the internal market and the promotion of fair competition.
Amendment 131 #
2016/0151(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Regulatory authorities of the Member States can achieve the requisite degree of structural independence only if established as separate legal entities. Member States should therefore guarantee the independence of the national regulatory authorities from both the government, public bodies and the industry with a view to ensuring the impartiality of their decisions. This requirement of independence should be without prejudice to the possibility for Member States to establish regulators having oversight over different sectors, such as audiovisual and telecom. National regulatory authorities should be in possession of the enforcement powers and resources necessary for the fulfilment of their tasks, in terms of staffing, expertise and financial means. The activities of national regulatory authorities established under this Directive should ensure respect for the objectives of media pluralism, cultural diversity, consumer protection, the internal market and the promotion of fair competition. There is a need to introduce certain obligations for Member States to have independent regulatory authorities, and a set of administrative and financial requirements should be established in support of independent and effective regulatory authorities.
Amendment 171 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
(1) The daily proportion of television advertising spots and teleshopping spots within any one hour in the period between 7:00 and 23:00 shall not exceed 20 %. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 183 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2010/13/EU
Article 6 a – paragraph 3
Article 6 a – paragraph 3
(3) The Commission and ERGA shall encourage media service providers to exchange best practices on co-regulatory systems across the Union. Where appropriate, the Commission shall facilitate theThe Commission, together with the ERGA, is encouraged to development of Union codes of conduct. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 197 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2010/13/EU
Article 33 – paragraph 2
Article 33 – paragraph 2
By [date – no later than fourthree years after adoption] at the latest, and every three years thereafter, the Commission shall submit to the European Parliament, to the Council and to the European Economic and Social Committee a report on the application of this Directive. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 201 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2010/13/EU
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(aa) the following paragraph 1a is inserted: (2a) Calls for prohibition of the distribution by audiovisual service providers of information the disclosure of which is liable to cause financial damage to, or damage the image of, any legal person governed by public or private law, or of information whose disclosure would be liable to panic, misinform or manipulate consumers, prior to the official announcement of the outcome of an enquiry by the competent authorities, as there is a possibility that such information could prove to be false and have an adverse financial impact on the internal market and/or economic agents. Exemptions shall apply to cases where a public withdrawal is necessary and is officially announced by the competent authorities or made spontaneously by an economic agent, as well as cases in which consumers’ attention is drawn publically to potential risks. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 254 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
(1) The daily proportion of television advertising spots and teleshopping spots within the period between 720:00 and 23:00 shall not exceed 20 %.% within each one- hour period. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 335 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2010/13/EU
Article 30 a – paragraph 3 a (new)
Article 30 a – paragraph 3 a (new)
(3a) to provide guidelines for the implementation of Article 13, especially as regards the implementation of catalogue requirements, financial contributions and derogations; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 92 #
2016/0084(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down rules on the making available on the market of CE marked fertilising productszers and Products Improving Nutrition Efficiency and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 (Text with EEA relevance)
Amendment 102 #
2016/0084(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to facilitate the compliance of the phosphate fertilising products with the requirements of this Regulation and to boost innovation, it is necessary to provide sufficient funding to the relevant technologies, particularly to decadmiation, by means of the financial resources available under Horizon 2020 and other financial instruments. The Commission should annually inform the Council and the European Parliament on how much EU funding has been provided for decadmiation.
Amendment 115 #
2016/0084(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For certain recovered wastes within the meaning of Directive 2008/98/EC of the European Parliament and of the Council20 of 19 November 2008 on waste and repealing certain Directives, a market demand for their use as fertilising products has been identified. Furthermore, certain requirements are necessary for the waste used as input in the recovery operation and for the treatment processes and techniques, as well as for fertilising products resulting from the recovery operation, in order to ensure that the use of those products does not lead to overall adverse environmental or human health impacts. For CE marked fertilising products, those requirements should be laid down in this Regulation. Therefore, as of the moment of compliance with all the requirements of this Regulation, such products should cease to be regarded as waste within the meaning of Directive 2008/98/EC. _________________ 20 Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 139 #
2016/0084(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) When placing a CE marked fertilising product on the market, the importer should indicate on the packaging of the fertilising product his or her name, registered trade name or registered trade mark and the postal address at which he or she can be contacted, as well as the foreign manufacturer and the country of origin of the product, in order to enable market surveillance.
Amendment 145 #
2016/0084(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) CE-marked fertilising products should be placed on the market only if they are sufficiently effectiir agronomic efficacy has been proven and do not present unacceptable risks to human, animal or plant health, to safety or to the environment when properly stored and used for their intended purpose, and under conditions of use which can be reasonably foreseen, that is when such use could result from lawful and readily predictable human behaviour. Therefore, requirements for safety and quality, as well as appropriate control mechanisms, should be established. Furthermore, the intended use of CE marked fertilising products should not lead to food or feed becoming unsafe.
Amendment 208 #
2016/0084(COD)
Proposal for a regulation
Article 6 – paragraph 10 – indent 1 (new)
Article 6 – paragraph 10 – indent 1 (new)
– List of competent authorities of Member States shall be provided in Annex Va.
Amendment 219 #
2016/0084(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, the foreign manufacturer and the country of origin and the postal address at which they can be contacted on the packaging of the CE marked fertilising product or, where the CE marked fertilising product is supplied without packaging, in a document accompanying the fertilising product. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
Amendment 266 #
2016/0084(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
Where the market surveillance authorities of one Member State have sufficient reason to believe that a CE marked fertilising product presents an unacceptable risk to human, animal or plant life or health, to safety or to the environment, they shall carry out an evaluation in relation to the fertilising product concerned covering the requirements laid down in this Regulation. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 342 #
2016/0084(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
It shall apply from 1 January 20189.
Amendment 348 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
Annex I – part 2 – PFC 1(A) – paragraph 2 – indent 1
- Cadmium (Cd) 1,580 mg/kg dry matter,P2O5
Amendment 392 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 680 mg/kg phosphorus pentoxide (P2O5),
Amendment 404 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 2
Amendment 417 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(B) – paragraph 3 – point a – point 2 – indent 3
Amendment 478 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 1
- As of [Publications office, please insert the date of application of this Regulation]: 680 mg/kg phosphorus pentoxide (P2O5),
Amendment 489 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 2
Amendment 502 #
2016/0084(COD)
Proposal for a regulation
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Annex I – part 2 – PFC 1(C)(I) – paragraph 2 – point a – point 2 – indent 3
Amendment 573 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point b
Annex IV – part 2 – module A – point 2.2 – point b
Amendment 577 #
2016/0084(COD)
Proposal for a regulation
Annex IV – part 2 – module A – point 2.2 – point c
Annex IV – part 2 – module A – point 2.2 – point c
Amendment 1 #
2015/2354(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council,
Amendment 96 #
2015/2354(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that it is necessary to adopt a common definition at European level of ‘innovative’ start- ups and SMEs, or objective criteria, that can be used as a point of reference for the adoption of related measures; calls on the Commission to propose such a definition;
Amendment 100 #
2015/2354(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to ask the REFIT platform to address barriers toregarding innovation and put forward proposals for ways to reduce or remove them;
Amendment 253 #
2015/2354(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to further support the Member States in developing a strong culture of compliance and enforcement, including by developing implementation plans for new major legislation and organising compliance dialogues with Member States; stresses that correct enforcement and better regulation are essential, given the fragmentation of the single market, restricting economic activity and consumer choice, and should cover all business sectors and apply to existing and future legislation;
Amendment 289 #
2015/2354(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its call for the rapid adoption of the Product Safety and Market Surveillance Package by the Council; underlines the importance of adequate information regarding products intended for the retail market and the indication of country of origin, which is crucial to protect consumers and to strengthen the fight against counterfeiting;
Amendment 304 #
2015/2354(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that regulatory differences between Member States regarding differing labelling requirements create unnecessary obstacles to the activities of suppliers of goods and consumer protection, with regard to medical and other products; calls on the Commission to consider introducing a mandatory scheme for the provision of key information for furniture, established at EU level; considers that such an initiativecloser harmonisation of these rules would be beneficial for consumers, industries and trade operators, ensuring transparency, adequate recognition of European products and harmonised rules for operators in the single market;
Amendment 13 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point ii
Paragraph 2 - point a - point ii
ii. to ensure that before considering the removal of barriers, the agreement seeks to create a level playing field in the services sector,the agreement will be as comprehensive as possible and has as its main objective to highlight and maintain the high level of protection of consumers, woopen up the markerst and the environment enshrined in the Treaty on the Functioning of the European Union (TFEU)remove obstacles to free trade in services;
Amendment 24 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point a - point iii
Paragraph 2 - point a - point iii
iii. to ensure that the TiSA provides reciprocal access, notwithstandingrespects the right of countries to adopt regulations which are duly justified on public policy grounds;
Amendment 41 #
2015/2233(INI)
b) regarding the protection of public services and services of general interest
Amendment 46 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point b - point i
Paragraph 2 - point b - point i
i. to ensure that the negotiations maintain and strengthenconsider the fundamental role played by public services and services of general interest in the European Union, which provide an essential safety net for citizens and contribute to social cohesion, growth and employment;
Amendment 52 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point b - point ii
Paragraph 2 - point b - point ii
ii. to maintain the Member States’ freedom to regulate those services at all levels and to provide, commission and fund public servicof general interest in compliance with the Treaties;
Amendment 91 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d - point i
Paragraph 2 - point d - point i
Amendment 93 #
2015/2233(INI)
Draft opinion
Paragraph 2 - point d - point ii
Paragraph 2 - point d - point ii
Amendment 39 #
2015/2154(DEC)
Draft opinion
Paragraph 13
Paragraph 13
13. Notes the agreement between Commission and Court3 that rural development expenditure is governed by complex rules and eligibility conditions, partly due to the ambitious nature of the policy, notes furthermore that simplification and preventive measures are included in the 2014-2020 rules and calls for that simplification to be delivered at Member State level in the new Rural Development programmes and viewed as a priority and as an important means of reducing error; __________________ 3s with a view to making ongoing programmes more efficient and flexible and hence increasing the absorption capacity; __________________ 3 ECA Annual Report 2014 - Para 7.10 ECA Annual Report 2014 - Para 7.10
Amendment 44 #
2015/2154(DEC)
Draft opinion
Paragraph 14
Paragraph 14
14. Urges both the Commission and Member State authorities to continue to address and reduce the complexities in relation to direct payments wherever possible, and particularly if there are many different levels involved in the administration of EAGF and Rural Development funds within Member States, with different approaches for the two pillars where necessary; stresses the fact that the vast differences between Member States in terms of direct payments has widened the competitiveness gap between farmers working in the single market;
Amendment 54 #
2015/2154(DEC)
Draft opinion
Paragraph 15
Paragraph 15
15. Notes the importance of resource efficiency, and a shift towards a low carbon and climate resilient economy in the agri- food and forestry sectors (reduced greenhouse gas and ammonia emissions, more carbon sequestration) and the need to measure the overall achievements related to environmental targets 2014-2020, but considers that this should not put viable food production at risk and that a balance should be struck between environmental protection and ever-increasing food production requirements, while also ensuring affordable prices for consumers;
Amendment 58 #
2015/2154(DEC)
Draft opinion
Paragraph 16
Paragraph 16
16. Stresses the importance of having comparable performance indicators and figures for the same kind of programmes in different locations and looks forward to improvements in this context in the 2014- 2020 period aimed at ensuring better financial management of the CAP that is rooted in the needs of each Member State;
Amendment 67 #
2015/2154(DEC)
Draft opinion
Paragraph 19
Paragraph 19
19. Notes that the impact of the Russian import ban on agricultural products, which struck mid-way through 2014, is a major challenge and advocates eliminating the unearned advantages; welcomes efforts by the Commission to identify alternative market outlets for farm surpluses and calls on the Member States to make joint efforts to eliminate obstacles to the expansion of market outlets; stresses the importance of the TTIP agreement, which might offset the closure of a number of traditional exchange markets;
Amendment 69 #
2015/2154(DEC)
Draft opinion
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the Commission decision establishing exceptional aid schemes for countries that sustained losses in the dairy sector and calls on the Commission to consider further aid measures for sectors facing similar problems;
Amendment 77 #
2015/2154(DEC)
Draft opinion
Paragraph 21
Paragraph 21
21. Reminds that the objectives of the 2007-2013 programme period (viable food production, enhanced farm viability and promoting food chain organisation) are still important goals, and that the focus is to be put on quality schemes, short supply chains, social cooperatives, local markets strictly in rural areas in new RDPs, with a view to consolidating producer organisations and their negotiating strength and involving reasonable environmental expenditure;
Amendment 52 #
2015/2147(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas digitalisation is faster than politics and politicians needs to see themselves as enablers and facilitators rather than just regulators in order to provide a future-proof digital framework;
Amendment 86 #
2015/2147(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the digital revolution already is underway and empowers consumers, entrepreneurs every day and affects every aspect of our life;
Amendment 109 #
2015/2147(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas e-commerce is an important complement to offline trade, providing opportunities for small companies to grow as well as greater access to goods and services also in remote areas, the countryside and for people with disabilities and less mobility;
Amendment 213 #
2015/2147(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes a digital single market must be built on a free, open and global internet; is concerned about the mounting digital protectionism; stresses that Europe will not gain competitiveness through digital sovereignty, a European cloud or any other restrictions to the free flow of data globally;
Amendment 216 #
2015/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trust in digital services is vital to innovation and growth in the digital economy and that reinforcing that trust should be at the basis of both public policy and business models;
Amendment 327 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication and innovation; considers in this respect that policy should not be shaped by fear or resistance to change and that innovation needs to be embraced;
Amendment 395 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of reliable information and transparency as consumers must be able to compare not only prices, but also quality and sustainability of goods and services online;
Amendment 425 #
2015/2147(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Suggests that the Commission introduces an "e-commerce test" for internal market proposals, in order to ensure that they do not create additional obstacles or fragmentation both to offline and online commerce;
Amendment 443 #
2015/2147(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that digital products such as e-books should be subject to the same VAT-rate as the equivalent product in physical format in order to avoid discrimination in the single market;
Amendment 507 #
2015/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses thatCalls on the Commission and Member States to take appropriate action to enable accessible, affordable, efficient and high- quality delivery services which are an essential prerequisite for thriving cross- border e-commerce; supports the already proposed measures to improve price transparency, interoperability and regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations; stresses that the aim must be a fully liberalised European market for postal services and parcel delivery's in order for consumers and business to benefit from a competitive environment and more transparency;
Amendment 577 #
2015/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that geo-blocking in the internal market de facto encourages piracy; Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending geo- blocking practices and unfair price discrimination based on geographical location;
Amendment 141 #
2015/2089(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that, where the need for European single market regulation can be demonstrated, the institutions should jointly undertake to ensure that the principle of proportionality, ais well as the principles ofreflected in the drafting of the relevant legislation; believes, furthermore, that the process should aim at simplicity, transparency, coherence and respect for fundamental rights, are reflected in the drafting of the relevant legislation;
Amendment 152 #
2015/2089(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CRegrets that around 40% of draft impact assessments examined by the EC Impact Assessment Board 2010-2014 were considered to be of insufficient quality and were sent back for improvements; considers that in order to be effective as tools, impact assessments should be prepared on the basis of strong evidence; believes that careful consideration of scientific advice should form part of the impact assessment process and, in particular, substantiate how or why policy choices have been made in preparatory phases, which will assist the political process; furthermore considers that impact assessments must take into account the digital revolution and the need for future proof legislation;
Amendment 154 #
2015/2089(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Points out that no clear guidance is given whether potential impacts from REFIT proposals should be quantified or not; highlights the need for REFIT proposals to become more targeted by quantifying the potential benefits and cost savings in each proposal;
Amendment 159 #
2015/2089(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Reiterates the need to introduce the single market as a separate pillar in the European Semester process; calls on the Commission and Member States to ensure that the European Parliament plays an active role through scrutinising the process;
Amendment 181 #
2015/2089(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that services such as SOLVIT and SOLVIT plus represent as useful, low-cost alternatives to legal action; notes that only 4 % of consumers and companies are aware of the tools and that the present take-up of these services is very low, in particular by the business community; calls on the Commission, and Member States in order to resolve this problem, to improve further awareness about these tools, while examining whether the outcomes and responses from those tools are adequate for users;
Amendment 40 #
2015/2065(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points to the limitations of the Supply Chain Initiative (SCI), and specifically the absence of farmers’ organisations owing to lack of trust, restriction of anonymous complaints, absence of meaningful mechanisms to adequately combat well- documented unfair trading practices (UTPs), and, in particular, the lack of enforcement measures and sanctions; notes also that agricultural producers find themselves in a weak negotiating position, because of the relative lack of organisation;
Amendment 50 #
2015/2065(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that the European Commission should give more assistance to the Supply Chain Initiative Governance Group in continuing and stepping up its efforts to enhance SME awareness and finding efficient ways of including SMEs in the initiative;
Amendment 67 #
2015/2065(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Doubts whether voluntary initiatives are adequate for addressing UTPs and the acknowledged ‘fear factor’ in the supply chain arising from the imbalance of power between farmers and retailers; stresses that the national authorities should have effective mechanisms for response to complaints about UTPs;
Amendment 123 #
2015/2065(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that several Member States have initiated actions in national law to address the concerns of primary producers regarding the negative impact of UTPs; calls on the Member States to introduce the necessary measures to implement UTP rules where they do not yet exist; asks the Commission to assess these national efforts with a view to selecting best practices for application at EU level; notes in particular the Groceries Code Adjudicator in the UK as a potential model for adaptation at EU level;
Amendment 137 #
2015/2065(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that UTPs may have a damaging effect on cross-border trade in foodstuffs and impede the functioning of the single market;
Amendment 155 #
2015/2065(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that framework legislation at EU level is essential to tackle UTPs and to address their negative consequences for farmers; urges the Commission to consider this when assessing the SCI; urges the Commission to draw up an open list of UTPs that are prohibited at EU level;
Amendment 174 #
2015/2065(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Argues that such legislation would complement the SCI and protect stakeholders who are fully engaged with the Initiative, while ensuring that UTPs are eradicated from the food supply chain, helping to enhance consumer safety and providing primary producers with the necessary legal certainty to address their concerns, thereby ensuring them a level playing field in dealings with their trading partners.
Amendment 59 #
2014/2241(INI)
Draft opinion
Paragraph 5 – point 1 (new)
Paragraph 5 – point 1 (new)
(1) Considers that it is necessary to support the increase of competitiveness of the areas where the tourism potential has been insufficiently tapped into, through the fair promotion thereof and through the support of local SMEs operating in the tourism industry;
Amendment 75 #
2014/2241(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that tourism services should provide consumersRecalls that the basic principle of all EU tourism regulations should be the interest of consumers, which should be reflected in the obligation to provide them with accurate and clear information anthat would not mislead them or misinform them.;
Amendment 117 #
2014/0255(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point i a (new)
Article 2 – paragraph 2 – point i a (new)
(ia) ‘antimicrobials’: a general term for any compound with a direct action on micro-organisms used for treatment or prevention of infections;