326 Amendments of Stefano MAULLU
Amendment 13 #
2018/2054(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasizes the importance of sport for the economic and social development of cross-border regions, as demonstrated by the numerous territorial cooperation projects that used sport as a tool for social and cultural integration;
Amendment 16 #
2018/2054(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the need of a more substantial economic commitment to the promotion of cross-border sports activities and in particular for the construction of small-scale infrastructures for grass-roots sports;
Amendment 22 #
2018/2054(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the fact that language barriers are still an important obstacle to cross-border cooperation, especially in border areas without a longstanding tradition of cooperation; believes that a more targeted use of ESI funds can support the systematic promotion, also through the organization of sporting and cultural events, of multilingualism in education and training in border regions, from early childhood education onwards;
Amendment 53 #
2018/2054(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that regions have a proved capacity in developing cross- border cooperation in the sector of the cultural and creative industries (CCIs) and notes the positive effects of smart specialisation; asks the Commission and the Member States to maintain and strengthen the policies in this field and to use effectively the funding available under EU programmes and the European Structural and Investment Funds (ESIFs);
Amendment 67 #
2018/2054(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that sports tourism is an increasingly important sector of the European economy; therefore calls for the allocation of financial resources to the construction of sports infrastructures with a view to promoting tourism through sport;
Amendment 745 #
2018/0228(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b – point vi a (new)
Article 9 – paragraph 2 – point b – point vi a (new)
(via) actions improving and maintaining the quality of existing infrastructure in terms of safety, security and continuity of traffic flows and mitigation of exposure to negative effects of transiting rail and road transport, especially in urban areas;
Amendment 94 #
2018/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The ESF+ should support Member States’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities. This implies mobilising a range of policies targeting the most disadvantaged people regardless of their age, including children, marginalised communities such as the Roma, and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community-based care services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility.
Amendment 104 #
2018/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 185 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point viii
Article 4 – paragraph 1 – point viii
Amendment 211 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall allocate at least 25% of their ESF+ resources under shared management to the specific objectives for the social inclusion policy area set out in points (vii) to (xi) of Article 4(1), including the promotion of the socio- economic integration of third country nationalalways giving priority to EU citizens.
Amendment 75 #
2018/0172(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Fostering research and innovation in the packaging sector is a key factor in order to promote a more sustainable value chain. To this aim, it is necessary to strengthen the relevant funding mechanisms within the context of the European R&D programming tools, such as the EU Framework Programs for Research and Innovation (i.e. Horizon 2020),with a view to the forthcoming Strategic Research Innovation Agenda for Plastics;
Amendment 101 #
2018/0172(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Single use plastic products can be manufactured from a wide range of plastics. Plastics are usually defined as polymeric materials to which additives may have been added. However, this definition would cover certain natural polymers. Unmodified natural polymers should not be covered as they occur naturally in the environment. Therefore, the definition of polymer in Article 3(5) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 should be adapted and a separate definition should be introduced for the purposes of this Directive. Plastics manufactured with modified natural polymers, or plastics manufactured from bio-based, fossil or synthetic starting substances are not naturally occurring and should therefore be addressed by this Directive. The adapted definition of plastics should therefore cover polymer-based rubber items and bio-based and biodegradable plastics regardless of whether they are derived from biomass and/or intended to biodegrade over time. Certain polymeric materials are not capable of functioning as a main structural component of final materials and products, such as polymeric coatings, linings or layers, paints, inks, and adhesives. Those materials should not be addressed by this Directive and should therefore not be covered by the definition. __________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 133 #
2018/0172(COD)
Proposal for a directive
Recital 12
Recital 12
(12) For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily available. In order to limThe plastic's industry is very important for the European economy; enhancing sustainability can create new opportunities for innovation, competitiveness and employment, in line with the adverse impact of such products on the environment, Member States should be required to prohibit their placing on the Union market. By doing so, the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models, re-use alternatives and substitution of materials would be promoted. objectives pursued by the new EU industrial policy strategy and the recycling and recovery targets pursued by the Circular Economy Package (Directive 2018/851 / EU on waste and Directive 2018/852 / EU on packaging). Achieving the objectives of the European Plastics Strategy in the Circular Economy (Commission Communication COM (2018) 28 final) and the development of the potential for the reuse and recycling of plastic waste will require significant investment in infrastructure and innovation. Innovation is a key factor in the transformation of the plastics value chain, by modernizing it as well as by reducing the costs of existing solutions. Indeed, innovative solutions for advanced waste selection process, chemical recycling and better polymer design can lead to very effective solutions.
Amendment 211 #
2018/0172(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201648 , the Commission should carry out an evaluation of this Directive. That evaluation should be based on experience gathered and data collected during the implementation of this Directive and data collected under Directive 2008/56/EC or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of possible further measures and an assessment whether, in view of monitoring of marine litter in the Union, the Annex listing single-use plastic products needs to be reviewed. The evaluation should also consider whether scientific and technical progress that has taken place in the meantime, including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment, as foreseen in the European Plastics Strategy, allows the setting of a standard for biodegradation of certain single-use plastic products and fishing gears in the marine environment. That standard would include a standard to test if, as a result of physical and biological decomposition in the marine environment, plastics would fully decompose into carbon dioxide (CO2), biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment. If that is the case, single-use plastic products and fishing gears that meet such a standard could be exempted from the prohibition on placing on the market. While the European Strategy for Plastics already envisages action in this area, it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas. __________________ 48 OJ L 123, 12.5.2016, p. 1.
Amendment 245 #
2018/0172(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) 'single-use plastic product' means a product that is made wholly or partly from plastic and that is not concelisted in the Annex to this Directived, designed or placed on the market to accomplish, within its life span, multiple tripwith the exclusion of those components which are not capable of functioning as a main structural component of final products, such as polymeric coatings, linings or layers, paints, inks and adhesives. Plastic products as cups, glasses, plates, containers for rotations by being returned to the producer for refill or re-usfood and beverages and related accessories (e.g. cutlery), when they fall in the definition of packaging, are excluded forom the same purpose for which it was conceivedcope of this Directive. The definition does not apply to plastic products that exceed 20 complete cycles in the dish-washer under the conditions of EN 12875-1;
Amendment 290 #
2018/0172(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures to achieve a significant reduction in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by … [six years after the end-date for transposition of this Directive] where not compliant with recycling provisions under article 6 of the Directive2008/98/EC and according to the waste hierarchy provided by Article 4 c) of the same Directive 2008/98/EC. Where compliant with recycling provisions referred to paragraph 1 of this article, single-use plastic products listed in Part A of the Annex are subject to the extended producer responsibility established by Article 8. Member States shall take measures to encourage the recycling of single-use plastic products falling under paragraph 2 of this article. These measures may include, inter alia: a) the setting of qualitative or quantitative collection, sorting; b) the use of economic incentives.
Amendment 314 #
2018/0172(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. Before the adoption of reduction measures, Member States will have to conduct and evaluate the social, economic and environmental impacts including: - the presence of sufficient availability of alternative items; - the environmental impacts of alternative products based on life cycle approach; - where applicable, impacts on the requirements for suitability for food contact, on the production of food waste, on good hygiene and production practices, on information to the consumer and on the traceability required by current legislation; - the impact on the internal market, on international trade agreements and on consumer prices; - impacts on the safety and health of consumers, especially children; - the effectiveness of alternative measures such as voluntary agreements; - the implementation of efficient collection and recycling systems to achieve the objectives set by the Circular Economy package; - the implementation of effective control systems and sanctions related to the abandonment of waste.
Amendment 343 #
2018/0172(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 363 #
2018/0172(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that each single-use plastic product listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking informing consumers of one or more of the following:
Amendment 378 #
2018/0172(COD)
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 512 #
2018/0172(COD)
Proposal for a directive
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) sufficient scientific and technical progress has been made, and criteria or a standard for biodegradability in the marine environment applicable to single-use plastic products within the scope of this directive and their single-use substitutes have been developed, in order to determine which products no longer need to be subject to the restrictions on placconsuming reduction. Before implementing what is described under letter c), Member States will have to conduct and evaluate the social, economic and environmental impacts, including oan the market, where appropriate. assessment of the elements listed in article 4, paragraph 0.1
Amendment 625 #
2018/0172(COD)
Proposal for a directive
Annex I – part D
Annex I – part D
Amendment 41 #
2018/0161(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The absence of any exception in Regulation (EC) No 469/2009 to the protection conferred by a supplementary protection certificate has had the unintended consequence of preventing manufacturers of generics and biosimilars established in the Union from manufacturing, even for the exclusive purpose of exporting to third country markets outside the Union (“third countries”) in which such protection does not exist or has expired. A further unintended consequence is that the protection conferred by the certificate makes it more difficult for those manufacturers to enter the Union market immediately after expiry of the certificate, given that they are not in a position to build up production capacity until the protection provided by the certificate has lapsed, by contrast with manufacturers located in third countries where protection does not exist or has expired.
Amendment 59 #
2018/0161(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The aim of this Regulation is to ensure that manufacturers established in the Union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired. It is intended to complement the efforts of the Union’s trade policy to ensure open markets for Union-based manufacturers of medicinal products. Indirectly, it is also intended to put those manufacturers in a better position to enter the Union market immediately after expiry of the relevant supplementary protection certificate. It would also help to serve the aim of fostering access to medicines in the Union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate.
Amendment 68 #
2018/0161(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In those specific and limited circumstances, and in order to create a level playing field between Union-based manufacturers and third country manufacturers, it is appropriate to restrict the protection conferred by a supplementary protection certificate, but not any patent or other intellectual property right existing in a Member State, so as to allow making for the exclusive purpose of export to third countries and any related acts strictly necessary for making or for the actual export itself.
Amendment 83 #
2018/0161(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) By limiting tThe scope of the exception is limited to making for the purpose of export outside the Union and acts strictly necessary for such making or for the actual export itself, the exception introduced by this Regulation will not unreasonably conflict with normal exploitation of the product in the Member State where the certificate is in force, nor unreasonably prejudice the legitimate interests of the certificate-holder, taking account of the legitimate interests of third parties.
Amendment 97 #
2018/0161(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) SEffective and proportionate safeguards should accompany the exception in order to increase transparency, to help the holder of a supplementary protection certificate to enforce its protection in the Union and to reduce the risk of illicit diversion onto the Union market during the term of the certificate.
Amendment 102 #
2018/0161(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To this end, this Regulation should impose a once-off duty on thea person making the product for the exclusive purpose of export, requiring that person to provide certain information to the authority which granted the supplementary protection certificate in the Member State where theeach making is to take place. The information should be provided before the making is intended to star and to the certificate-holder at its address for service in the relevant Member State. The information should be provided before the making or any related act that is strictly necessary for that making is to start at the earliest for the first time in that Member State. The making and related acts, including those performed in Member States other than the one of making in cases where the product is protected by a certificate in those other Member States too, should only fall within the scope of the exception where the maker has sent this notification to the competent industrial property authority (or other designated authority) of the Member State of making. The once-off and to the certificate-holder at its address for service. The duty to provide information to the authority and to the certificate-holder should apply in each Member State where making is to take place, both as regards the making in that Member State, and as regards related acts, whether performed in that or another Member State, related to that making. The authority should be required to publish that information, in the interests of transparency and for the purpose of informing the holder of the certificate of the maker’s intention.
Amendment 118 #
2018/0161(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In addition, this Regulation should impose certain due diligence requirements on thea maker as a condition for the exception to operate. TheEach maker should be required to inform persons within its supply chain, through appropriate and documented means, in particular contractual means, that the product is covered by the exception introduced by this Regulation and is intended for the exclusive purpose of export. A maker who failed to comply with these due diligence requirements would not benefit from the exception, nor would any third party performing a related act in the same or a different Member State where a certificate conferring protection for the product was in force, and the holder of the relevant certificate would therefore be entitled to enforce its rights under the certificate.
Amendment 123 #
2018/0161(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, this Regulation should impose labelling requirements on the maker, in order to facilitate, by means of a logo, identification of the product as a product exclusively intended for the purpose of export to third countries. Conversely, a medicinal product bearing a Unique Identifier as per Articles 3(d) and 4 of Commission Delegated Regulation 2016/161/EU would indicate that the product is not exclusively intended for the purpose of export to third countries. The making and related acts should only fall outside the protection conferred by a supplementary protection certificate if the product is labelled in this manneraccordingly. This labelling obligation would be without prejudice to labelling requirements of third countries.
Amendment 133 #
2018/0161(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that holders of supplementary protection certificates already in force are not deprived of their acquired rights, the exception provided for in this Regulation should only apply to certificates that are grantedapplied for on or after a specified date after entry into force, irrespective of when the application for the certificate was first lodged. The date specified should allow a reasonable time for applicants and other relevant market players to adjust to the changed legal context and to make appropriate investment and manufacturing location decisions in a timely way. The date should also allow sufficient time for public authorities to put in place appropriate arrangements to receive and publish notifications of the intention to make, and should take due account of pending applications for certificates.
Amendment 152 #
2018/0161(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to property in Article 17 of the Charter by maintaining the core rights of the supplementary protection certificate, by confining the exception to certificates grantedapplied for on or after a specified date after entry into force of this Regulation and by imposing certain conditions on the application of the exception,
Amendment 168 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) the act compriseis:
Amendment 176 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point i
Article 4 – paragraph 2 – point a – point i
(i) an act of making for the exclusive purpose of export to third countries where protection for the product or medicinal product does not exist or has expired; or
Amendment 188 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
(ii) any related act that is strictly necessary for that making or for the actual export itself; and would otherwise require the consent of the certificate-holder; and
Amendment 193 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point ii a (new)
Article 4 – paragraph 2 – point a – point ii a (new)
(iia) not an act or activity for the purpose of import of medicinal products, or parts thereof, into the Union merely for the purposes of repackaging and re- exporting.
Amendment 198 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the authority referred to in Article 9(1) of the Member State where thateach making is to take place (‘'the relevant Member State’') isand the certificate-holder at its address for service in the relevant Member State are notified by theeach person doing the making (‘'the maker’') of the information listed in paragraph 3 no later than 28 day3 months before the intendedearliest start date of making or any related act that is strictly necessary for that making in that Member State;
Amendment 210 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) (i) the maker ensures that a logo, in the form set out in Annex -I, is affixed to the outer packaging of the product or, if there is no outer packaging, to its immediate packaging;medicinal product and to its immediate packaging; (c) (ii) the maker ensures that the medicinal product manufactured under paragraph 2(a)does not bear a Unique Identifier as per Articles 3(d) and 4 of Commission Delegated Regulation 2016/161/EU. Where appropriate, competent authorities shall have access to the data in the repositories mandated by Directive 2011/62/EU and Delegated Regulation 2016/161/EU to ensure that the maker complies with its obligations.
Amendment 220 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) the address, or addresses, of the premises where the making isand any related acts strictly necessary for that making are to take place in the relevant Member State;
Amendment 230 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
(e) the intendedearliest start date of making in the relevant Member State or any related acts strictly necessary for making;
Amendment 238 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) an indicative lList of the intended third country or third countries to which the product is to be exported. If, after this list is provided, the maker intends to export to further countries, it shall provide a further notification within the time period specified in Art 4(2)(b).
Amendment 240 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3 – point f a (new)
Article 4 – paragraph 3 – point f a (new)
(fa) an undertaking not to put the product on the market in the Union or to otherwise infringe the certificate while it is inforce.
Amendment 242 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The maker shall ensure, through appropriate and documented means, that persons in a contractual relationship with the maker who perform acts falling within paragraph 2(a)(ii) are fully informed and aware of the following:
Amendment 244 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The maker will bear the burden of proof that the obligations set out under Article4(2) have been complied with.
Amendment 253 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Paragraph 2 shall apply in the case only of certificates grantedapplied for on or after [OP: please insert the date of the first day of the third month that follows the month in which this amending Regulation is published in the Official Journal)].’;
Amendment 262 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 469/2009
Article 11 – paragraph 4
Article 11 – paragraph 4
4. 'The notification sent to an authority as referred to in Article 4(2)(b) shall be published by that authority within 15 days of receipt of the notification.';
Amendment 40 #
2018/0113(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) It is for each Member State to appoint, in accordance with Article 10 and in line with its legal traditions, the authorities and/or other persons or bodies which will have competence for registering companies and filing documents and information with the register, be these courts, administrative authorities or notaries.
Amendment 104 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU)2017/1132
Article 13 – title
Article 13 – title
Article 13 Scope and competence
Amendment 173 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 4 a (new)
Article 13f – paragraph 4 a (new)
4 a. The rules, referred to in paragraph 2, may also provide for the following: (a) the procedures to verify the appointment of directors taking into account the disqualification of directors by competent authorities of other Member States; (b) the procedures to provide for the role of a notary or any other person or body involved in the process of registration under applicable national law mandated by the Member State to submit an application for registration; (c) the circumstances in which exclusion of online registration may be excluded where the share capital of a company is to be paid by way of contributions in kind.
Amendment 112 #
2018/0089(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States may require qualified entities to provide sufficient information to support a representative action for redress, including a description of the group of consumers concerned by an infringement and the questions of fact and law to be resolved within the representative action. The qualified entity should not be required to individually identify all consumers concerned by an infringement in order to initiate the action. In representative actions for redress the court or administrative authority should verifyMember States should provide for verification at the earliest possible stage of the proceedings whether thelitigation so that cases is suitable for being brought as a representative action, given the nature of the infringement and characteristics of the damages suffered by consumers concernn which conditions for collective actions are not met, and manifestly unfounded cases, are not continued.
Amendment 201 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers in case of mass harm, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 217 #
2018/0089(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to representative actions brought against infringements by traders of provisions of the Union law listed in Annex I that does or is likely to do mass harm or may harm to the collective interests of consumers. It shall apply to domestic and cross-border infringements, including where those infringements have ceased before the representative action has started or before the representative action has been concluded.
Amendment 244 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
(6a) ‘widespread infringement with a Union dimension’ means a widespread infringement that has done, does or is likely to do harm to the collective interests of consumers in at least two-thirds of the Member States, accounting, together, for at least two-thirds of the population of the Union;
Amendment 245 #
2018/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 6 b (new)
Article 3 – paragraph 1 – point 6 b (new)
(6b) 'Mass harm' means a widespread infringement with a Union dimension by traders of provisions of the Union law listed in Annex I that harm or may harm the collective interest of a considerable number of consumers.
Amendment 306 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that representative actions can be brought before national courts or administrative authorities by qualified entities provided that there is a direct relationship between the main objectives of the entity and the rights granted under Union law that are claimed to have been violated in respect of which the action is brought. In representative actions for redress the court or administrative authority shall verify at the earliest possible stage of the proceedings whether the case is suitable for being brought as a representative action, given the nature of the infringement and characteristics of the damage suffered by consumers concerned.
Amendment 333 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualified entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State may require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued. The qualified entity shall provide sufficient information as required under national law to support the action, including a description of the consumers concerned by the action and the questions of fact and law to be resolved. The compensation awarded to consumers harmed in a mass situation should not exceed the amount owed by the trader in accordance with the applicable national or Union law in order to cover the actual harm suffered by them. In particular, punitive damages, leading to overcompensation in favour of the claimant party of the damage suffered, should be avoided.
Amendment 367 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
Amendment 389 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualified entity seeking a redress order as referred in Article 6(1) shall declare at an earlyiest possible stage of the actionproceeding the source of the funds used for its activity in general and the funds that it uses to support the action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 404 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) to charge excessive interest on the funds provided;
Amendment 405 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b b (new)
Article 7 – paragraph 2 – point b b (new)
(bb) to base remuneration, or interest, on the amount of the settlement reached or the compensation awarded.
Amendment 409 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 1 and 2 and accordingly require the qualified entity to refuse the relevant funding and, if necessary, reject the standing of the qualified entity in a specific case.
Amendment 428 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance wiMember States shall ensure that a final decision of an administrative authority establishing that no infringement has occurred or excluding the liability of the trader towards the harmed consumers is considered as a rebuttable presumption for the paragraph 4 shall be without prejudice tourposes of any addictional rights to redress that the consumers concerned may have under Union or national laws seeking redress before their national courts against the same trader for the same infringement.
Amendment 462 #
2018/0089(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that, at the request of a qualified entity that has presented a reasoned justification containing reasonably available facts and evidence sufficient to support the representative action, and has indicated further evidence which lies in the control of the defendant, the court or administrative authority may order, in accordance with national procedural rules, through a specific, targeted, proportionate and reasoned information request, that such evidence be presented by the defendant, subject to the applicable Union and national rules on confidentiality.
Amendment 475 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall take the necessary measures to ensure that procedural costs related to representative actions do not constitute financial obstacles for qualified entities to effectively exercise the right to seek the measures referred to in Articles 5 and 6, such as limiting applicable court or administrative fees, or granting them access to legal aid where necessary, or by providing them with public funding for this purpose.
Amendment 477 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall take the necessary measures to ensure that in cases where the qualified entities are required to inform consumers concerned about the ongoing representative action the related cost may be recovered from the trader if the action is successful. Member States shall ensure that the part that loses a collective redress action reimburses necessary legal costs borne by the winning party, subject to the conditions provided for in the relevant national law.
Amendment 6 #
2017/2279(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that investments in culture, education, youth and sport significantly improve social cohesion in the European Union, especially by facilitating social integration of European citizens;
Amendment 9 #
2017/2279(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that the Commission’s 7th report on economic, social and territorial cohesion does not make any quantitative or qualitative reference to culture-related projects, which accounted for at least EUR 65 billion of cohesion policy expenditurefrom the European Regional Development Fund for the period 2014- 2020;
Amendment 17 #
2017/2279(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to fully exploit potential synergies between cohesion policy and other EU policies; points out that much more can still be done to bring about a greater synergy between the European Structural and Investment Funds (ESIFs) and other European programmes outlined for the 2014-2020 programming period, with specific reference to Erasmus+ and Creative Europe, through the provision of better information on an EU-wide basis and by means of much more resolute implementation in the Member States and their regions;
Amendment 22 #
2017/2279(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the creation in the next programming period of two thematic objecpossibilitives onf funding culture and, education, explicitly referenced as suchyouth and sport via special thematic objectives to this purpose in the ESIF;
Amendment 43 #
2017/2279(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to establish the cultural and creative industries (CCIs) as a horizontal priority and to use effectively the funding available under EU programmes and the European Structural and Investment Funds (ESIFs) in order to support more projects in the CCI sector;
Amendment 45 #
2017/2279(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Underlines that regions have a proved capacity in developing clusters and cross-border cooperation in the field of CCIs, and in this context notes the positive effects of smart specialisation in CCI as a motor of growth for regions;
Amendment 47 #
2017/2279(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the Commission to exploit the capacity of the European Regional Development Fund to support the development of sport infrastructure and promote sustainable sport and outdoor activities as a tool for regional and rural development, and the European Social Fund to strengthen the skills and employability of workers in the sport sector;
Amendment 132 #
2017/2224(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Maintains that learning has to span the entire breadth of a person's experience by alternating between classroom training and work-based learning;
Amendment 223 #
2017/2224(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Points to the importance of non- academic technical tertiary education;
Amendment 302 #
2017/2224(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Encourages, with regard to increasing inclusiveness and freedom of educational choice, public funding for both privately and publicly run schools, provided that all schools are subject to rules and regulations regarding the quality of education and the use of those funds;
Amendment 315 #
2017/2224(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recommends that Member States, and educational institutions promote learner-centred and individualised learning methodslso through their own subsidiary offshoots, promote learning methods that centre on the experience of the learner, on combined study/work experience and on tailor-made courses, also with a view to combating early school leaving;
Amendment 358 #
2017/2224(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Recommends that educational guidance should be reinforced as a vital tool for encompassing different educational systems in a flexible manner whilst enriching and updating knowledge and skills;
Amendment 80 #
2017/2209(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Maintains – without detracting from freedom of information, the object being to temper the right of reporting with the right to be forgotten, once a given period has passed, on the understanding that persons and facts should be excluded when they are of such public importance that they cannot be forgotten – that facts which have ceased to be of public interest should be taken out of the information circuit by being deleted from indexes, and made inaccessible via reference links, in news agency search engines and databases and that this should be done five years after the time of publication, provided that the facts in question do not relate to cases still ongoing, especially in the form of legal proceedings; calls for the above period to be extended to ten years when facts relate to persons who are public figures to the extent that they are involved in political, business, or professional activities, or, at any rate, occupy a prominent social position, and therefore attract more widespread and intense public interest;
Amendment 12 #
2017/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the importance of inclusive and quality education and lifelong learning opportunities in addressing economic, social and environmental challenges and preparing a sustainable future; notesupports, in this regard, the EU’s intention to integrate the SDGs, and especially SDG 4 of the 2030 Development Agenda, in the European policy framework;
Amendment 16 #
2017/2009(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recognises the role of civil society in raising awareness among the public and in addressing the SDGs at national and global level through global citizenship education and awareness raising;
Amendment 25 #
2017/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recommends that in the context of education and lifelong learning for inclusion, a genuine revision of EU and Member States’ education and employment policies is necessaryn improvement of education and employment policies should be considered by Member States in cooperation with the EU; highlights that education and training and skills policies should not only be adjusted to labour market demands butand should also promote personal and societal development in a holistic manner;
Amendment 29 #
2017/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to enhance coordination and to enable and optimise synergies between ESIF and other Union programmes in order to improve and modernise the quality of education and training systems in Member States; stresses that populations in rural areas and remote regions shallould have equal access to equitable quality education and lifelong learning opportunities;
Amendment 31 #
2017/2009(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that education is key to developing self-sustainable societies; calls for the EU to link quality education, technical and vocational training and cooperation with industry as an essential pre-condition for youth employability and access to qualified jobs; believes that addressing in particular the issue of access to education in emergency and crisis situations is crucial for both the development and protection of children;
Amendment 35 #
2017/2009(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the Youth Guarantee scheme and Youth Employment Initiative have hitherto failed to address the persistent problem of high levels of youth unemploymentRegrets the persistent problem of high levels of youth unemployment; recalls the important of the Youth Guarantee scheme and Youth Employment Initiative to address this problem; calls for their revision in order to promote the creation of new high- quality jobs and decent social protection for young people.
Amendment 42 #
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, request for additional testing and/or duplication of tests. 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.
Amendment 49 #
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 fromare proven by one Member State to another, may justify the application of national rules by the competent authorities. However, such decisions need to be duly justified, the existence of the overriding reason has to be properly proven, 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. Member States shall provide a written assessment.
Amendment 60 #
2017/0354(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The evidence required to demonstrate that goods are lawfully marketed in another Member State varies significantly from Member State to Member State. This causes unnecessary burdens delays and additional costs for economic operators, while preventing national authorities from obtaining the information necessary for assessing the goods in a timely manner. This may inhibit application of the mutual recognition principle. It is therefore essential to make it easier for economic operators to demonstrate that their goods are lawfully marketed in another Member State. Economic operators should be able to benefit from a process of self-declaration, which should provide competent authorities with all necessary information on the goods and on their compliance with the rules applicable in that other Member State. The use of the declaration does not prevent national authorities from taking a decision restricting market access, on the condition that such a decision is: a) proportionate and; b) duly justified; c) the reason for denying market access is fully proven; d) it respects the mutual recognition principle and this Regulation.
Amendment 77 #
2017/0354(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Where producers decide not to make use of the mutual recognition declaration mechanism, it should be for the Member State to request the information that it considers necessary for the assessment of the goods, taking due account of the principle of proportionality and without imposing excessive burdens on companies.
Amendment 88 #
2017/0354(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Regulation (EC) No 765/2008 of the European Parliament and of the Council23 establishes a system of accreditation which ensures the mutual acceptance of the level of competence of conformity assessment bodies. The competent authorities of Member States shouldall therefore not refuse test reports and certificates issued by an accredited conformity assessment body on grounds related to the competence of that body. Furthermore, in order to avoid as far as possible the duplication of tests and procedures which have been already carried out in another Member State, Member States shouldall also accept test reports and certificates issued by other conformity assessment bodies in accordance with Union law. Competent authorities should bare required to take due account of the content of the test reports or certificates presented without requesting duplication of testing. _________________ 23 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 100 #
2017/0354(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) It is important for the internal market in goods that businesses, and in particular SMEs, can obtain reliable and specific information about the law in force in a given Member State. Product Contact Points should play an important role in facilitating communication between national authorities and economic operators, by disseminating information about specific product rules and how mutual recognition is applied in their territory. Therefore, it is necessary to enhance the role of Product Contact Points as the principal providers of information on all product-related rules, including national rules covered by mutual recognition. The European Commission should establish and support a dissemination program to the benefit of SMEs in cooperation with Member States and Trade Associations.
Amendment 102 #
2017/0354(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to facilitate the free movement of goods, Product Contact Points should bare required to provide information, free of charge, on their national technical rules and the application of the principle of mutual recognition. Product Contact Points should be adequately equipped and resourced. In accordance with Regulation [Single Digital Gateway – COM(2017)256] they should provide information through a website and be subject to the quality criteria required by that Regulation, and be subject to the quality criteria set out in that Regulation.
Amendment 106 #
2017/0354(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) For the purposes of raising awareness about the mutual recognition principle and ensuring that this Regulation is applied correctly and consistently, the Union should finance awareness-raising campaigns and other related activities aiming at enhancing trust and cooperation between competent authorities, trade associations and economic operators.
Amendment 108 #
2017/0354(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The aim of this regulation is to strengthen the functioning of the internal market by improving the functioning of the mutual recognition principle and by removing unjustified barriers to trade.
Amendment 111 #
2017/0354(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Referred to in point 2, this Regulation does not apply to the construction materials sector referred to the Regulation 2011/305.
Amendment 116 #
2017/0354(COD)
Proposal for a regulation
Article 2 – paragraph 6 – point b a (new)
Article 2 – paragraph 6 – point b a (new)
(ba) construction products.
Amendment 119 #
2017/0354(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) 'legitimate public interest ground' means any of the grounds set out in Article 36 of the Treaty or any other overriding reasons of public interest as defined by the European Court of Justice in its case-law in relation to Article 34and 36 of the Treaty.
Amendment 160 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point a
Article 4 – paragraph 8 – point a
(a) any relevant information concerning the characteristics of the goods or type of goods in question that is necessary for the assessment;
Amendment 164 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) any relevant information on the lawful marketing of the goods in another Member State that is necessary for the assessment;
Amendment 169 #
2017/0354(COD)
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) any other informatiowhen the competent authority considers useful for the purposes of its assessmentthat additional information is necessary for the purposes of its assessment, such request shall be accompanied by a justification.
Amendment 183 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In carrying out assessments under paragraph 1, the competent authorities of Member States shall take due account ofrecognise the content of test reports or certificates issued by a conformity assessment body and provided by any economic operator as part of the assessment. Competent authorities of Member States shall not refuse certificates or test reports issued by a conformity assessment body accredited for the appropriate field of conformity assessment activity in accordance with Regulation (EC) No 765/2008 on grounds related to the competence of that body.
Amendment 186 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, on completion of an assessment under paragraph 1, the competent authority of a Member State takes an administrative decision with respect to the goods, it shall communicate its decision winot later thian 2015 working days to the relevant economic operator referred to in paragraph 1, to the Commission and to the other Member States. Notification to the Commission and to the other Member States shall be done by means of the system referred to in Article 11.
Amendment 195 #
2017/0354(COD)
Proposal for a regulation
Article 5 – paragraph 5 – point e
Article 5 – paragraph 5 – point e
(e) the evidence demonstrating that the decision is appropriate for the purpose of achieving the objective pursued and that it does not go beyond what is necessary in order to attain that objective and less trade-restrictive.
Amendment 199 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. While the competent authority of a Member State is carrying out an assessment of goods pursuant to Article 5, it shall not temporarily suspend the making available of those goods on the domestic market in that Member State, except in one or the other of the following situations:the situation where under normal or reasonably foreseeable conditions of use, the goods pose a serious risk, including one where the effects are not immediate, which requires rapid intervention by the competent authority.
Amendment 203 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 207 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 210 #
2017/0354(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The competent authority of the Member State shall immediately notify the relevant economic operator, the Commission and the other Member States of any suspension pursuant to paragraph 1. The notification to the Commission and other Member States shall be made by means of the system referred to in Article 11. In cases falling within point (a) of paragraph 1 of this Article, tThe notification shall be accompanied by a detailed technical or scientific justification demonstrating whythat the case is considered to fall within that pointgoods pose a serious risk.
Amendment 249 #
2017/0354(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Union mayshall finance the following activities in support of this Regulation:
Amendment 253 #
2017/0354(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) education and training including trade association and public officials;
Amendment 143 #
2017/0353(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The identification and traceability of products is a necessary prerequisite for verifying whether the compliance requirements laid down by this Regulation are respected.
Amendment 144 #
2017/0353(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Economic operators must always be able to identify their suppliers and downstream operators to whom a particular product has been supplied. Products should therefore bear information enabling them, their manufacturer and, where applicable, their importer to be identified.
Amendment 145 #
2017/0353(COD)
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) As the indication of the country of origin helps to identify the actual place of manufacture, and as such information can facilitate the task of the market surveillance authorities in identifying the actual place of manufacture, the indication of origin should be added to the basic traceability requirements concerning the name and address of the manufacturer.
Amendment 175 #
2017/0353(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
It also provides a framework for the market surveillance and traceability of such products to ensure that those products fulfil requirements providing a high level of protection of public interests such as health and safety in general, health and safety in the workplace, the protection of consumers, information about the country of origin, protection of the environment and security.
Amendment 188 #
2017/0353(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Regulation shall not apply to the construction products subject to the Regulation 2011/305.
Amendment 190 #
2017/0353(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(2a) ‘country of origin’ defined on the basis of the non-preferential origin rules set out in Articles 59 to 61 of Regulation (EEC) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code;
Amendment 232 #
2017/0353(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Conditions for compliance A product may be made available on the market only if the following conditions are met: (a) the product shall be marked with an indication of the country of origin. Where the size or nature of the product does not allow that, the indication may be provided on the packaging or in a document accompanying the product; (b) if the country of origin referred to in Article 3(2) of this Regulation is a Member State of the Union, the indication of the country of origin may be related to the Union or to a particular Member State.
Amendment 236 #
2017/0353(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Where Union harmonisation legislation provides for the drawing up of an EU declaration of conformity, manufacturers shall makmay indicate a website or e-mail address where the EU declaration publicly available on their website or, in the absence of a website, by any other means that allowsof conformity can be obtained. Alternatively, the person responsible for compliance information should make the EU declaration to be readily accessed by the general public in the Uniof conformity available to market surveillance authorities upon free of chargequest.
Amendment 245 #
2017/0353(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States shall take the necessary measures to ensure adequate visibility of the contact points for the products referred to in [Regulation(EC) No 764/2008 of the European Parliament and the Council / Regulation (EU)….of the European Parliament and the Council].
Amendment 255 #
2017/0353(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A market surveillance authority may enter into a partnership arrangement with an economic operator established in its territoryorganisations representing businesses under which the authority agrees to provide the economic operator with advice and guidance in relation to the Union harmonisation legislation applicable to the products for which the economic operator is responsible.
Amendment 262 #
2017/0353(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. A market surveillance authority that enters into a partnership arrangement under paragraph 1 may charge the economic operator fees representing the costs reasonably incurred by the authority in the exercise of its functions under paragraphs 1 and 2not subcontract its work as part of such an arrangement to a notified body or any other conformity assessment body designated pursuant to Union harmonisation legislation.
Amendment 313 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b
Article 12 – paragraph 3 – subparagraph 1 – point b
Amendment 324 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Without prejudice to the procedure set out in Union harmonisation legislation for dealing with products presenting a risk at national level, where a Member State makes one of the following findings, it shall require the relevant economic operator to put an end to the non- compliance concerned: (a) the conformity marking has been affixed in violation of the general principles of the CE marking as set out in the applicable Union harmonisation legislation; (b) the conformity marking has not been affixed; (c) the EC declaration of conformity has not been drawn up; (d) the EC declaration of conformity has not been drawn up correctly; (e) technical documentation is either not available or not complete. Where the non-compliance persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn from the market.
Amendment 327 #
2017/0353(COD)
Proposal for a regulation
Article 12 – paragraph 4 – introductory part
Article 12 – paragraph 4 – introductory part
4. Market surveillance authorities shall perform their activities with a high level of transparency and shall make available to the general public any information that they deem relevant for the general public, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data. They shall also ensure that the following information is entered in the system referred to in Article 34:
Amendment 371 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point f
Article 14 – paragraph 3 – point f
Amendment 382 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point k
Article 14 – paragraph 3 – point k
(k) the power to prohibit the making available of products on the market or to withdraw, recall or destroy products, wherthe economic operators fail twice to provide the information requested by the market surveillance authority to verify the compliance of those products and while the failure persists; the decision to apply these measures must be notified to the economic operator with 15 days’ notice;
Amendment 437 #
2017/0353(COD)
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. An appropriate appeal procedure should be put in place for decisions of Union testing facilities following their tasks as described in paragraph 4.
Amendment 438 #
2017/0353(COD)
Proposal for a regulation
Article 20 – paragraph 5 b (new)
Article 20 – paragraph 5 b (new)
5b. Union Testing Facilities should refrain from any commercial activities that could enter into competition with conformity assessment bodies.
Amendment 446 #
2017/0353(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. At the request of an applicant authority, the requested authority shall supply any information that the requested authority deems relevant, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data, to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 460 #
2017/0353(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. PIn case a product is deemed to be non- compliant on the basis of a decision of a market surveillance authority in one Member State, shall be presumed to bthe Member State ncon-compliant by market surveillance authorities in another Member State, unless economic operators can provide evidence to the contrarycerned should inform the Union Product Compliance Network as referred to in Article 31.
Amendment 488 #
2017/0353(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e
Article 27 – paragraph 1 – point e
Amendment 497 #
2017/0353(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 512 #
2017/0353(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The Commission shall establish separate or joint administrative coordination groups for all the instruments of Union harmonisation legislation listed in the Annex to this Regulation. Each administrative coordination group shall be composed of representatives of the competent national market surveillance authorities and, if appropriate, representatives of the single liaison offices, and representatives of the relevant business associations and of consumer associations. The Commission shall publish on its website the agendas and calendar of meetings of the administrative coordination groups.
Amendment 522 #
2017/0353(COD)
Proposal for a regulation
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. The following procedure should be followed when common approaches as specified in point (h) of Article 33(3) are discussed and agreed upon by the administrative coordination groups: (a) before administrative coordination groups discuss and agree upon common approaches, relevant business associations and the manufacturer concerned should have the possibility to submit comments. (b) the Commission shall inform relevant business associations of common approaches agreed upon by administrative coordination groups.
Amendment 531 #
2017/0353(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Commission may exchange confidential market surveillance related information with regulatory authorities of third countries or international organisations where it has concluded confidentiality arrangements based on reciprocity with those authorities or organisations, while observing the principle of confidentiality and proportionality where necessary in order to protect professional and commercial secrets or to preserve personal data, to establish whether a product is non- compliant and to ensure that the non- compliance can be brought to an end.
Amendment 564 #
2017/0353(COD)
Proposal for a regulation
Annex I – point 42
Annex I – point 42
Amendment 45 #
2017/0328(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 726/2004
Article 71a
Article 71a
The Agency shall have its seat in Amsterdam, the Netherlands. a city of the European Union that meets the following criteria: 1. the assurance that, at the time when the United Kingdom leaves the EU, the agency will remain operational in a suitable location, ensuring that its activities are not disrupted; 2. accessibility of the location; 3. schools for the children of the agency staff; 4. access to the labour market and health care for employees' spouses and children; 5. the assurance of operational continuity, given the need to protect the health and safety of EU citizens; Its headquarters shall be selected under the ordinary legislative procedure pursuant to Articles 114 and 168(4)(b) TFEU.
Amendment 47 #
2017/0328(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 726/2004
Article 71a
Article 71a
The Agency shall have its seat in Amsterdam, the NetherlandsMilan, Italy.
Amendment 252 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 320% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part A of Annex I;
Amendment 268 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet- wide target equal to a 3015% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part B of Annex I.
Amendment 345 #
2017/0293(COD)
Proposal for a regulation
Article 7 – paragraph 9 b (new)
Article 7 – paragraph 9 b (new)
9b. During the monitoring and reporting phase, the amount of renewable gas sold at the stations should be taken into account and should be deducted from the CO2 emissions reported at the type- approval phase according to the methodology proposed in this Regulation in the form of a Carbon Correction Factor (CCF). The certification of the amount can be done at Member State level or, alternatively, directly provided by the vehicle manufacturer. The CCF only pertains to the technology where the renewable fuel contributes, e.g. with renewable gas, the CCF is applied to the natural gas vehicle fleet only.
Amendment 350 #
2017/0293(COD)
Proposal for a regulation
Article 7 – paragraph 9 c (new)
Article 7 – paragraph 9 c (new)
9c. The Carbon Correction Factor (CCF) shall be calculated using the following formula: CCF= Renewable Gas Used
Amendment 351 #
2017/0293(COD)
Proposal for a regulation
Article 7 – paragraph 9 d (new)
Article 7 – paragraph 9 d (new)
9d. The Corrected CO2 fleet calculation shall therefore be calculated using the Carbon Correction Factor and the following formula:CO2FLEET = (CO2 Type-approval) * (1-CCF)
Amendment 502 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 1
The specific emissions target from 202530 onwards
Amendment 514 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Specific emissions reference target is the specific emissions reference target of CO2 determined in accordance with point 6.2.1 for the period 2025 to 2029 and 6.2.2 for 2030 onwards
Amendment 537 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
x is 15% in the years 2025 to 2029 and 320% in 2030 onwards.
Amendment 648 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 2
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 2
Amendment 651 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
x is 3015%
Amendment 96 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. This may also cover situations where end-users use a service across devices for the purpose of service personalization and content recommendation. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user's settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- userincluding advertisements, should not constitute access to such a device or use of the device processing capabilities. Information society service providers should remain free to take appropriate measures in line with their respective business models, including restricting access to content when an end user uses an adblocker.
Amendment 110 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’). Such privacy setting options should differentiate between cookies from third parties that have a contractual relationship with website providers and other third party cookies. Such privacy settings should be presented in an easily visible and intelligible manner.
Amendment 269 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the end-user concerned shall be prohibited, unless the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party and except on the following grounds:
Amendment 284 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the end-user has given his or her consentspecific consent, which shall not be mandatory to access the service; or
Amendment 297 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by the provider of the information society service requested by the end-userin order to measure the audience of an information society service desired by the end-users, including measurement of indicators for the use of information society services in order to calculate a payment due.
Amendment 304 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) if it is necessary for the performance of a contract to which the end-user is party or to act at the request of the end-user prior to entering into a contract; or
Amendment 306 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(db) if it is necessary for legitimate interests pursued by the information society service provider;
Amendment 307 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
(dc) it is necessary for the provision of personalised/targeted advertising, where the processing is strictly limited to anonymised or pseudonymised data and the entity concerned undertakes to comply with specific privacy safeguards
Amendment 337 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7 of Regulation (EU) 2016/679/EU shall apply. Access to an information society service may still be made conditional on the well-informed acceptance of a cookie or similar device, if it is used for a legitimate purpose, such as the provision of advertising and audience segmentation.
Amendment 341 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes of point (b) of Article 8(1), consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet. This specific form of consent is without prejudice to information society service providers' capacity to ask for end-user consent. End-users consent given to a specific information society service provider should be binding on and prevail over privacy setting of software permitting electronic communications.
Amendment 371 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting. Such software shall ensure that a consent given by an end user under point b of Article 8 (1) prevails over the privacy settings chosen at the installation of the software.
Amendment 407 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end-users who are natural persons that have given their consent or when the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.
Amendment 416 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details may be used for direct marketing of its own similarsimilar or analogue products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 198 #
2016/2276(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses that despite the fact that more creative content is being consumed today than ever before, on services such as user-uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption; stress that one of the main reasons for that is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law; stress that an unfair market has been created, threatening the development of the Digital Single Market and its main players: the cultural and creative industries;
Amendment 212 #
2016/2276(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Highlights that liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 221 #
2016/2276(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Considers that digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; highlights that consideration is to be made of how this process can function with more legal certainty and respect for right holders; underlines the importance of transparency and of ensuring a fair level playing field; considers in this regard that protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content;
Amendment 28 #
2016/2143(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas compliance with basic labour rights is essential for professional athletes;
Amendment 33 #
2016/2143(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the integrity of sport is of paramount importance; in order to promote its credibility and its attractiveness;
Amendment 34 #
2016/2143(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas sport has a specific nature which is based on voluntary structures and is a prerequisite of its educational and societal functions;
Amendment 39 #
2016/2143(INI)
Motion for a resolution
Recital E
Recital E
E. whereas good governance in sport refers to an appropriate regulation of sport through principles of effective, transparent, ethical and democratic management, processes and structures with the participation of stakeholders;
Amendment 45 #
2016/2143(INI)
Motion for a resolution
Recital F
Recital F
F. whereas sports organisations are responsible for ensuring high governance standards and should raise these further and adhere to it in all circumstances;
Amendment 49 #
2016/2143(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas balanced policies which aim to increase financial transparency, stability and credibility in sport are key to improve financial and governance standards;
Amendment 58 #
2016/2143(INI)
Motion for a resolution
Recital J
Recital J
J. whereas sports tribunals have a central role to play in guaranteeing the universality of the rules of the game and ensuring due respect for good governance principles since they constitute the most appropriate means of settling disputes in sport insofar as they respect fundamental procedural and EU legal rights;
Amendment 68 #
2016/2143(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the fight against doping is a matter of public interest and public health;
Amendment 86 #
2016/2143(INI)
Motion for a resolution
Recital N
Recital N
N. whereas athletes, who are oftenin particular minors, face increasing economic pressures and are treated as commodities; and have to be protected against any form of violence and discrimination;
Amendment 106 #
2016/2143(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas national teams play an essential role not only in terms of fostering national identity and inspiring young athletes to reach the highest level of sporting performance but also by promoting solidarity with grassroots sport;
Amendment 107 #
2016/2143(INI)
Motion for a resolution
Recital S
Recital S
S. whereas the further education and training of athletes is crucial to prepare them for atheir career outsideafter sports;
Amendment 112 #
2016/2143(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas investment in and promotion of the training and education of young talented athletes at local level is crucial for the long-term development and societal role of sport;
Amendment 114 #
2016/2143(INI)
Motion for a resolution
Recital T
Recital T
T. whereas volunteering is a fundamental condition for accessible, low-costs are the backbone of organised sport, providing for the development and accessibility of sports activities and events, especially at grassroots level;
Amendment 161 #
2016/2143(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to develop the pledge board and explore the possibility to create a code of conduct in the areas of good governance in sport;
Amendment 165 #
2016/2143(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges Member States to make public funding for sport subject to compliance with established and publicly available minimum governance standards;
Amendment 171 #
2016/2143(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the initiatives taken by sports organisations to improve governance standards in sport and to enhance dialogue and cooperation with governments;
Amendment 175 #
2016/2143(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on sports organisations to put forward by 2018, and subsequently implement, concrete proposals to enhance their governance and to publish the outcomes;
Amendment 184 #
2016/2143(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that information-sharing and cooperation between sports bodies, state authorities and licensed betting operators iswithin the framework of national platforms are essential to detect, investigate and prosecute match- fixing and calls on Member States to consider dedicated prosecution services with primary responsibility for investigating sports fraud cases;
Amendment 189 #
2016/2143(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission and the Member States who have not done souncil to find a solution which will enable the EU and the Member States to sign and ratify the Council of Europe Convention on the manipulation of sports competitions;
Amendment 193 #
2016/2143(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to strengthen inter-institutional links with the Council of Europe, and subsequently to develop coordinated operational programmes assuring the most efficient use of resources;
Amendment 202 #
2016/2143(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the European Commission to continue to support anti- doping projects through the Erasmus+ programme, while assessing its impact and ensuring that it usefully complements existing funding schemes within anti- doping;
Amendment 214 #
2016/2143(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission and the Council to encourage and facilitate the negotiation of agreements between countries permitting duly authorized doping control teams from other countries to conduct testing, respecting athletes' fundamental rights and in accordance with the International Convention against doping in sport;
Amendment 217 #
2016/2143(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Member States and the Commission to work closely with WADA and Council of Europe in defining a policy to protect whistleblowers;
Amendment 219 #
2016/2143(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the new Council of Europe Convention on spectator violence and calls on the Member States to sign and ratify it without delayan Integrated Safety, Security and Service Approach at Football Matches and Other Sports Events and calls on the Member States to sign and ratify it without delay, as well as the Commission to explore the possibility to sign and ratify it;
Amendment 223 #
2016/2143(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to explore ways of information sharing in the context of violence in sport through the existing networks;
Amendment 272 #
2016/2143(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Considers that strengthened rules promoting the local training of players are required in order to increase the pool of new talents across Europe;
Amendment 281 #
2016/2143(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes initiatives which encourage gender equality in decision- making roles in sport, as well as initiatives which aim at fighting against gender based stereotypes and any kind of harassment in sport;
Amendment 302 #
2016/2143(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recognises the importance of grassroots sport in preventing and fighting radicalisation; in this regard welcomes two pilot projects adopted by the European Parliament "Sport as a tool for integration and social inclusion of the refugees" and "Monitoring and coaching through sports of youngsters at risk of radicalisation";
Amendment 312 #
2016/2143(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Supports the training of dual careers specialists and advisors with exchange of good practices and establishing professional networks;
Amendment 318 #
2016/2143(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Supports the mobility of coaches and other services providers (such as physiotherapists and dual careers advisers) and exchange of good practices with a focus on the recognition of qualifications and technical innovations;
Amendment 320 #
2016/2143(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on sport organisations together with the Member States to promote minimum standards for coaches that include criminal record checks, training in safeguarding and protection of minors and vulnerable adults as well as doping and match fixing;
Amendment 322 #
2016/2143(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Calls on sport organisations and Member States to cooperate on supporting the employability and mobility of coaches seeking to work across the EU through a commitment to quality assurance of their competences and the standards of qualifications and training;
Amendment 324 #
2016/2143(INI)
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Calls on the international, national federations and other providers of education to ensure that issues related to integrity in sport are included in the curriculum of sport coaching qualifications;
Amendment 326 #
2016/2143(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines that participation in sport in schools and universities, as well as by older people, is vitalschools and universities should play a vital role in providing sport opportunities and to maintain healthy lifestyles;
Amendment 332 #
2016/2143(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Takes into account that the EU population is ageing, therefore specific attention should be paid to the positive impact that physical activity can have on the health and wellbeing of the elderly;
Amendment 364 #
2016/2143(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Welcomes transnational sporting events staged in various European countries insofar as they contribute to the promotion of key shared values of the EU such as pluralism, tolerance, justice, equality and solidarity;
Amendment 370 #
2016/2143(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Welcomes the Commission's study on the specificity of sport; calls on the Commission and sports organisations to consider further steps on development of sport specificity;
Amendment 376 #
2016/2143(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls on the Commission to allocate more funds to sport under ERASMUS+, with a focus on grassroots sport and education, to enhance its visibility and to improve the mainstreaming of sport into other funding programmes such as the ESIF or Health Programme;
Amendment 380 #
2016/2143(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Supports measures promoting the mobility of volunteers in sport as well as recognition of their work;
Amendment 183 #
2016/2072(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asks the Commission, in view of the upcoming copyright reform, to create legal solutions which will suit creators, right holders and consumers alike in order to make clear that liability exemptions can only apply to genuinely neutral and passive online service providers and not to services that play an active role in distributing, promoting and monetising content at the expense of creators, and to propose policies that encourage the CCIs to offer market-driven licensing solutions to the demands and challenges of the digital environment;
Amendment 191 #
2016/2072(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to propose, in view of the ongoing review of the EU Enforcement framework, effective enforcement measures for the digital environment;
Amendment 206 #
2016/2072(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights that piracy and counterfeiting remain a serious concern for CCIs and citizens alike; stresses that these illicit activities can cause safety and health concerns, in addition to the economic and social ones, that need to be addressed;
Amendment 219 #
2016/2072(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to propose effective measures to fight online piracy, in particular to ensure that online services which host content apply effective means in order to remove unlicensed content from their services and, once removed, to take action to prevent this content from reappearing;
Amendment 235 #
2016/2072(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that digital and online platforms offer great opportunities for the CCS to develop new business models, attract new audiences and expand their markets both within the European Union and in the third countries;
Amendment 248 #
2016/2072(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls for the European External Action Service to harness the potential of cultural diplomacy by promoting and improving the competitive strength of European CCS;
Amendment 259 #
2016/2072(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that creative skills need to be learnt from an early age in order to lay the foundations for the continuous renewal of creative talents; encourages the Member States to improve their training, learning and qualification systems, enabling students in cultural and arts disciplines to acquire comprehensive training; foster the creation and the support to vet provider able to create a direct link between school and enterprises;
Amendment 262 #
2016/2072(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines the need to include media literacy in school curricula and institutions of cultural education, and supports competitions and initiatives at national, regional or local level, aimed at empowering citizens to develop critical thinking and understanding by stimulating their creativity and capacity of expression;
Amendment 268 #
2016/2072(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. In this regard highlights the importance of education inclined towards combining the development of key entrepreneurial skills with critical understanding of the cultural and creative industries;
Amendment 294 #
2016/2072(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to raise awareness about career opportunities in manufacturing jobs through awareness campaigns and policies promoting the transmission of knowledge in order to preserve craftsmanship and expertise skills in these sectors;
Amendment 307 #
2016/2072(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that digitisation and media convergence create new opportunities for access, distribution and promotion of European works and emphasises the importance of guaranteeing funding for the digitisation, preservation and online availability of European cultural heritage;
Amendment 315 #
2016/2072(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages the Members States to promote cooperation between artistic schools, VET provider and businesses in the field of CCS; recommends the development of work- learn trajectories;
Amendment 357 #
2016/2072(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to establish the cultural and creative industries as a horizontal priority within EU funding schemes, in particular Horizon 2020 and the ESIFs; and to focus on the specific innovation needs of the CCIs, through deeper analysis at horizontal and sectorial level;
Amendment 385 #
2016/2072(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the European Commission and the Member States to take the required actions by introducing mixed methods of funding, such as public and private partnerships;
Amendment 33 #
2016/2057(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the fact that the WTO TRIPS Agreement provides flexibilities to patent rights, such as compulsory licensing, which have proved to be a major tool in bringing prices to reasonable levelsshould be used only in exceptional circumstances , when all other alternatives have been exhausted;
Amendment 44 #
2016/2057(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that exclusive protection periods granted to pharmaceuticals through patents or other mechanisms hinder competition, lead to high prices and negatively impact access to needed medicinesRecognises the key contribution of IP-intensive industries such as the pharmaceutical sector in enhancing the competitiveness of European economy and delivering growth and high-quality jobs in the EU;
Amendment 56 #
2016/2057(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the Pharmaceutical Sector Inquiry Report adopted by the Commission in 2009 showed that manufacturers of medicinidentified the numerous regulatory obstacles thave developed abusive strategies in connection with patent claims in order to hinder market entry of generic medicines, which should be avoidedt need to be addressed to achieve more efficient innovative and off-patent pharmaceutical markets;
Amendment 61 #
2016/2057(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to undertake a critical review of the impact of intellectual-property-related incentives on biomedical innovation, to explore credible and efficient alternatives to monopoliepatents for the financing of medical R&D and to evaluate the functioning of the applicable limitations to patent allocations;
Amendment 70 #
2016/2057(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the European Patent Office (EPO) and the Member States to continue to grant patents on health products that strictly fulfil the patentability requirements of novelty, inventive step and industrial applicability as enshrined in the European Patent Convention;
Amendment 28 #
2016/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU is now surrounded by an arc of instability, as large parts of the Middle East and North Africa are engulfed in ethno-religious conflicts and proxy wars and terrorist groups such as ISIS and the Jabhat al-Nusra Front proliferate throughout the region, while an aggressive, revisionist Russia continues to violate its neighbours’ sovereignty and openly challenges the European security order;
Amendment 192 #
2016/2036(INI)
Motion for a resolution
Paragraph 10 – introductory part
Paragraph 10 – introductory part
10. Takes the view that it is of crucial importance that the instruments provided by the Treaty of Lisbon be finally implemented, notably Permanent Structured Cooperation (PESCO); welcomes the joint paper by the defence ministers of France and Germany on the ‘renewal of the CSDP’, and fully supports its aim of taking a positive decision on the establishment of PESCO at the November 2016 Foreign Affairs and Defence Council; calls on the VP/HR to take the lead on this initiative, as well as on other recent proposals, such as the one proposed by Italy on the future European defence system, for strengthening the CSDP with a view to paving the way for further ambitious decisions on the CSDP to be taken at the November Foreign Affairs and Defence Council and the December European Council, including the following:
Amendment 258 #
2016/2036(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Warsaw Summit Declaration, particularly the Joint Declaration on NATO-EU cooperation; fully supports deepened cooperation between NATO and the EU in the areas of cybersecurity, migration, and the response to hybrid threats; invites the VP/HR to present specific proposals for the follow-up to the Warsaw Joint Declaration by the end of 2016; is convinced that NATO is crucialimportant for the collective security of Europe and that the EU should set up, as soon as possible, a security and defence policy that is able to be completely independent of NATO, should priorities and strategic interests not coincide;
Amendment 274 #
2016/2036(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that the security of EU Member States is undividable and that in line with Article 42(7) TEU all Member States must enjoy the same level of security; believes it is crucial to strengthen the European security architecture, which is based on the Helsinki Final Act of 1975 and which has been severely damaged by Russia’s illegal military interventions in Crimea and eastern Ukraine;
Amendment 289 #
2016/2036(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that it is time to define a new, more realistic strategy for the EU’s relations with Russia, based on credible deterrence but also on dialogue in areas of common interest; stresses that sanctions have proven to be the most effective means for deterring Russian aggression; recalls that the full implementation of the Minsk agreement is a prerequisite for the suspension of sanctions; insists that the EU should consider imposing further sanctions in case Russia continues to violate international law; believes it is in the common interest of the EU and Russia to achieve a better relationship, provided international law is applied;
Amendment 311 #
2016/2036(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes it is important to engage in dialogue with Russia in order, also by resuming the activities of the Delegation to the EU- Russia Parliamentary Cooperation Committee, in order to obtain greater political cooperation and to identify measures aimed at reducing the risk of dangerous misunderstandings and miscalculations; underlines the importance of increased transparency in military activities in order to avoid air and maritime incidents with Russia and the need to develop common standards for the management of possible accidents and incidents;
Amendment 323 #
2016/2036(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the EU to step up its cooperation with its Eastern partners, also through a greater interconnection of trading activities, in particular with the more stable partners of the Middle- Eastern area, such as Jordan and Lebanon, in order to strengthen their resilience and independence;
Amendment 390 #
2016/2036(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines also the need to intensify the fight against Islamist terrorism, which affects ever larger parts of the Middle East and North Africa and has also been creeping into Europe; urges the EU to undertake concerted diplomatic efforts, together with the US and other international allieplayers, to convince partners in the region, such as Turkey, Saudi Arabia and Iran, of the need for a common strategy towards this global challenge;
Amendment 467 #
2016/2036(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the need for close cooperation with other global and regional powers on global threats and challenges; emphasises in particular the crucial importance of the transatlantic relationship, which is based on common interests and values, and relations with Latin America, based on a common cultural, linguistic and religious heritage;
Amendment 487 #
2016/2036(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls the importance of Europe’s normative power, and calls for the further strengthening of the EU’s cultural and science diplomacy in order to project and promote European strengths and values beyond our borders; also points out the power of economic diplomacy, and in particular sanctions, as a tool for enforcing EU polices;
Amendment 116 #
2016/0359(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The earlier the debtor can detect its financial difficulties and can take appropriate action, the higher the probability of avoiding an impending insolvency or, in case of a business whose viability is permanently impaired, the more orderly and efficient the winding-up process. Clear information on the available preventive restructuring procedures as well as early warning tools should therefore be put in place to incentivise debtors who start to experience financial problems to take early action. Possible early warning mechanisms should include accounting and monitoring duties for the debtor or the debtor's management as well as reporting duties under loan agreements. In addition, third parties with relevant information such as accountants, tax and social security authorities could be incentivised or obliged under national law to flag a negative development to the debtor.
Amendment 123 #
2016/0359(COD)
Proposal for a directive
Recital 19
Recital 19
(19) A debtor should be able to request the judicial or administrative authority for a temporary stay of individual enforcement actions which should also suspend the obligation to file for opening of insolvency procedures where such actions may adversely affect negotiations and hamper the prospects of a restructuring of the debtor's business. The stay of enforcement could be general, that is to say affecting all creditors, or targeted towards individual creditors. In order to provide for a fair balance between the rights of the debtor and of creditors, the stay should be granted for a period of no more than four months. Complex restructurings may, however, require more time. Member States may decide that in such cases, extensions of this period may be granted by the judicial or administrative authority, providing there is evidence that negotiations on the restructuring plan are progressing and that creditors are not unfairly prejudiced. If further extensions are granted, the judicial or administrative authority should be satisfied that there is a strong likelihood that a restructuring plan will be adopted. Member States should ensure that any request to extend the initial duration of the stay is made within a reasonable deadline so as to allow the judiciary or administrative authorities to deliver a decision within due time. Where a judicial or administrative authority does not take a decision on the extension of a stay of enforcement before it lapses, the stay should cease to have effects on the day the stay period expires. In the interest of legal certainty, the total period of the stay should be limited to twelveeighteen months.
Amendment 241 #
2016/0359(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The total duration of the stay of individual enforcement actions, including extensions and renewals, shall not exceed twelveeighteen months.
Amendment 330 #
2016/0359(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States mayust afford grantors of new or interim financing the right to receive payment with priority in the context of subsequent liquidation procedures in relation to other creditors that would otherwise have superior or equal claims to money or assets. In such cases, Member States shall rank new financing and interim financing at least senior to the claims of ordinary unsecured creditors.
Amendment 104 #
2016/0288(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
Member States and their competent authorities shall ensure that the use of radio spectrum is organised on their territory in a way that no other Member State is impeded, in particular due to cross-border harmful interference between Member States, from allowing on its territory the use of harmonised radio spectrum in accordance with Union legislation.
Amendment 105 #
2016/0288(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
They shall take all necessary measures to this effect while taking into account their national needs and without prejudice to their obligations under international law and relevant international agreements such as the ITU Radio Regulations.
Amendment 116 #
2016/0288(COD)
Proposal for a directive
Article 45 – paragraph 3 – subparagraph 1 – introductory part
Article 45 – paragraph 3 – subparagraph 1 – introductory part
In case of a national or regional lack of market demand for the use of a harmonised band, and subject to the harmonisation measure adopted under Decision No 676/2002/EC and without prejudice to Decision 243/2012/EU establishing a multiannual radio spectrum policy programme (RSPP) and Decision No .../2017/EU on the use of the 470-790 MHz frequency band in the Union, Member States may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs 4 and 5, provided that:
Amendment 43 #
2016/0284(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame forthe possibility of obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration, which is a crucial facet of contractual freedom.
Amendment 64 #
2016/0284(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities. is activity. Whereas the adaptation of the legal framework may result in limitations on the exercise of exclusive rights, it should only apply in certain special cases which do not conflict with the normal exploitation of the work or other protected subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder. Therefore, also bearing in mind the importance of the principle of territoriality for the financing and production of creative content, and in particular of audio-visual works, any legislative intervention should necessarily be extremely limited and narrow and be in line with the Union principles of necessity and proportionality.
Amendment 126 #
2016/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networks.
Amendment 127 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 133 #
2016/0284(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission service networks, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. THowever the rules established in that Directiveis Regulation shall include the obligaption to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This isIf so chosen, this would be without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.
Amendment 153 #
2016/0284(COD)
Proposal for a regulation
Article 2
Article 2
Amendment 170 #
2016/0284(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exerciseHence, in light of the prights of right holders insofar as mandatorynciple of contractual freedom, collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these rights is voluntary.
Amendment 192 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 194 #
2016/0284(COD)
Proposal for a regulation
Article 5
Article 5
Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.rticle 5 deleted Transitional provision
Amendment 225 #
2016/0284(COD)
Proposal for a regulation
Article 2
Article 2
Application of the principle of ‘country of (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted origin’ to ancillary online services
Amendment 275 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission only through a collective management organisation or individually or through other means, in line with the principle of contractual freedom.
Amendment 281 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 286 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose, if he or she so wishes, the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations that is deemed to be mandated to manage the right of that right holderhis or her right.
Amendment 320 #
2016/0284(COD)
Proposal for a regulation
Article 5
Article 5
Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.rticle 5 deleted Transitional Provisions
Amendment 88 #
2016/0280(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) For the purpose of the application of Union law in the field of copyright, in particular of this directive, and in order to guarantee a strong level of protection for rightholders, it should be recalled that an act of communication to the public and/or of making available occurs whenever an access is given to a protected work or any other subject-matter to people outside the normal circle or who do not belong to the closest social acquaintances of the family of the person providing such an access, irrespective of whether these people are at the same place or in different ones, or whether they perceive the protected works or other subject-matters at the same time or in different ones.
Amendment 394 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Artare, irrespective of the nature of the means used to that end, involved in the making available to the public of third-party works uploaded by their users, and where such activity is not of a mere technical, automatic and passive nature, they are obliged to conclude licensing agreements with rightholders. This is nevertheless without prejudicle 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16)to the use of works made within an exception or limitation to copyright and the use of original user-created content.
Amendment 408 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14order to apply the liability regime referred to in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promo, promoting or economically exploiting them, irrespective of the nature of the means used therefor, including automated processes. The service provider cannot invoke not playing an active role for single works or other subject-matter where the service provider plays an active role with regard to the general functioning of the service.
Amendment 427 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matterwhich, irrespective of the nature of the means used to that end, are involved in the making available to the public of third-party works uploaded by their users, should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such asthose works, for instance by implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemptionregime provided in Article 14 of Directive 2000/31/EC.
Amendment 475 #
2016/0280(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Certain contracts for the exploitation of rights harmonised at Union level are of long duration, offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should be a remuneration adjustment mechanism should be introduced for cases where the remuneration originally agreed under a licence or a transfer of rights is clearly disproportionately low compared to the unanticipated relevant net revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. The assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority. Such remuneration adjustment mechanism should only apply to direct contractual parties. It should not apply when the contribution of the author or performer is not significant having regard the overall work or performance.
Amendment 517 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 741 #
2016/0280(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 757 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 781 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The rights referred to in paragraph 1 shall expire 2015 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Amendment 821 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to l, irrespective of the nature of the means used, arge amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, takinvolved in making available to the public third-party works uploaded by their users, and where such activity is not of a mere technical, automatic and passive nature, shall take appropriate and proportionate measures to ensure the functioning of agreements which must be concluded with rightholders for the use of their works or other subject-matter, or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 847 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The measures referred to in paragraph 1 shall be without prejudice to the use of works made within an exception or limitation to copyright and the use of original user-created content. To that end, Member States shall ensure that users are allowed to communicate rapidly and in an effective manner with the rightholders who have requested the measures referred to in paragraph 1 in order to challenge the application of those measures.
Amendment 877 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers, performers, publishers, producers and their respective successors in title, in connection with the licensing agreements under Article 13, receive on a regular basis and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information and reporting on the exploitation of their works, plays and performances from those to whom they have licensed or transferred their rights, notably as regardsby indicating modes of exploitation, modes of promotion, revenues generated and remuneration due.
Amendment 898 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 946 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensumay require that authors and performers are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is clearly disproportionately low compared to the unanticipated subsequent relevant net revenues and benefits derived from the exploitation of the works or performances.
Amendment 116 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State shall, inby 2030, limit its greenhouse gas emissions at least by the percentage set for that Member State in Annex I to this Regulation in relation to its emissions in 2005 determined pursuant to paragraph 3.
Amendment 128 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 20201 on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3value of 2020 annual emission allocation according to Implementing Decision 2013/634/EU and ending in 2030 on the limit set for that Member State in Annex I to this Regulation.
Amendment 204 #
2016/0231(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
Additional use of up to 280 million net removals from deforested land, afforested land, managed cropland, managed grassland and managed grassforest land
Amendment 216 #
2016/0231(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. To the extent that a Member State's emissions exceed its annual emission allocations for a given year, a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land, afforested land, managed cropland, managed grassland and managed grassforest land referred to in Article 2 of Regulation [ ] [LULUCF] may be taken into account for its compliance under Article 9 of this Regulation for that year, provided that:
Amendment 223 #
2016/0231(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 174 #
2016/0151(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The market for TV broadcastingaudiovisual services 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. The emergence of new services, including without advertising, has led to a greater choice for viewers, who can easily switch to alternative offers.
Amendment 175 #
2016/0151(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure the effectiveness of this Directive, in particular as regards the editorial responsibility of media service providers, the integrity of programmes and services should be safeguarded. Third parties, other than recipients of a service, cannot enjoy the private copy copyright exception, should not modify programmes and services without the consent of the media service provider concerned.
Amendment 269 #
2016/0151(COD)
Proposal for a directive
Recital 28
Recital 28
(28) An important sharSome of the content stored on video-sharing platforms iscould be not under the editorial responsibility of the video- sharing platform provider. However, those providers typicallycould play an active role determineing the organisation of the content, namely programmes or third party's or user-generated videos, including by automatic means or algorithms. In addition, those providers can operate in the advertising market and extract value from the content as a result of the audience they create, including among minors. Therefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, descent or national or ethnic origin.
Amendment 281 #
2016/0151(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In light of the nature of the providers' involvement with the content stored on video-sharing platforms, those appropriate measures should relate to the organisfact that platform providers optimise the presentation of the content and not to the content as such. The requirements in this regard as set out in this Directive should therefore apply without prejudice to Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 , which provides for an exemption from liability for illegal information stored by certain providers of information society services. When providing services covered by Article 14 of Directive 2000/31/EC, those requirements should also apply without prejudice to Article 15 of that Directive, which precludes general obligations to monitor such information and to actively seek facts or circumstances indicating illegal activity from being imposed on those providers, without however concerning monitoring obligations in specific cases and, in particular, without affecting orders by national authorities in accordance with national legislation/or promote it in a way that facilitates the access from the general public including minors, those appropriate measures should not be limited to the organisation but should be extended to content as such. __________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.07.2000, p. 1).
Amendment 288 #
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 should therefore be encouraged. With a view to ensuring a clear and 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, iIt should remain possible for Members States 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 in accordance with Union law and communicative freedoms. __________________ 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 351 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2010/13/EU
Article 1 – paragraph 1 – point a – point i
Article 1 – paragraph 1 – point a – point i
(i) a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, which is undere the principal purpose of the service or a dissociable section thereof is devoted to providingeditorial responsibility of a media service provider and the principal purpose of which is the provision of programmes, under the editorial responsibility of a media service provider,including by automatic means or algorithms in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of point (a) of Article 2 of Directive 2002/21/EC. Such an audiovisual media service is either a television broadcast as defined in point (e) of this paragraph or an on-demand audiovisual media service as defined in point (g) of this paragraph;;
Amendment 360 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point i
Article 1 – paragraph 1 – point a a – point i
(i) the service consists of the storage of a large amount of programmes or user- generated videos, for which the video- sharing platform provider does not have editorial responsibility;
Amendment 367 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point ii
Article 1 – paragraph 1 – point a a – point ii
(ii) the organisation of the stored content is determined by the provider of the service with the aim of maximising viewers' access to content, including by automatic means or algorithms, in particular by hosting, displaying, tagging and sequencing;
Amendment 377 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2010/13/EU
Article 1 – paragraph 1 – point a a – point iii
Article 1 – paragraph 1 – point a a – point iii
(iii) the principal purpose of the service or a dissociable section thereof is devoted to providing programmes and user- generated videos to the general public, in order to inform, entertain or educate;
Amendment 414 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
Chapter II – Article –2 (new)
Amendment 425 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2010/13/EU
Chapter II – Article –2 d (new)
Chapter II – Article –2 d (new)
(2e) The following article is inserted: 'Article -2d Member States shall ensure that media service providers and video-sharing platform providers under their jurisdiction do not transmit copyright protected works outside periods agreed with the rights holders.'
Amendment 665 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 b (new)
Article 1 – paragraph 1 – point 11 b (new)
Directive 2010/13/EU
Article 9 b (new)
Article 9 b (new)
(11b) The following article is inserted: 'Article 9b Member States shall ensure that third parties other than the recipient of a service and that cannot enjoy the copyright exception do not modify the programmes and services of media service providers concerned without their explicit consent.'
Amendment 732 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that providers of on-demand audiovisual media services under their jurisdiction secure at least a 20% share of European works in their catalogue and ensure prominence of these works.
Amendment 803 #
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 7:00 and 23:00 shall not exceed 20 %.
Amendment 222 #
2016/0107(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 c – paragraph 3 a (new)
Chapter 10 a – Article 48 c – paragraph 3 a (new)
3a. Member States shall allow undertakings to omit information required to be disclosed under paragraphs 2 and 3 of this Article when its nature is such that it would be seriously prejudicial to the commercial position of the undertakings to which it relates, including when only a single affiliated undertaking operates in a tax jurisdiction which is not listed in the Union list of non-cooperative jurisdictions for tax purposes. Any such omission shall be disclosed in the report.
Amendment 52 #
2016/0027(COD)
Member States shall ensure the timely availability of sufficient funds to cover the costs of migration as well as the costs associated with measures required to limit interference to broadcasting services.
Amendment 54 #
2016/0027(COD)
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
By 1 January 2025, the Commission, in cooperation with the Member States, shall carry out an assessment and report to the Council and Parliament on developments in the use of the 470-694 MHz frequency band, taking into account the social, economic, cultural and technological aspects affecting the use of the band pursuant to Articles 1 and 4. The report shall assess whether it is necessary to change the use of the 470-694 MHz frequency band, or any part of it, in the Union.
Amendment 18 #
2015/2147(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Commission to overhaul Directive 2010/13/EU1 without delay, doing away with the distinction between linear and non-linear services, encouraging the use of editorially screened content to which and extending its scope to all services for the distribution of audiovisual content, encouraging the use of editorially screened content, introducing guarantees that the unjustified application of the country-of- origin principle applieswill not preclude the attainment of the social and cultural objectives of the relevant regulation and fleshing out the general social objectives of audiovisual regulation; __________________ 1 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 46 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for targeted, evidence-based reforms to enhance cross-border access to legally available online content but stresses the importance of not mandating pan- European licences; calls instead for reforms to enable the enhanced portability of legally acquired content to be prioritised; elaborated taking into account the need not to jeopardise cultural diversity and the national footprint of most European players;
Amendment 101 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that internet service providers should bear greater responsibility for illegal content made available on the internet and should, along with other actors in the supply chain such as payment providers, play a significant role in tacklingcooperate with content producers and with all other actors in the supply chain, such as payment providers, to support the fight against illegal content made available on the internet. Suggests a review of the role of online service providers and intermediaries in order to clarify their legal status and liability with regard to copyright abuses;
Amendment 131 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the legal thinking behind Directive 93/83/EEC2, based on the principle of contractual autonomy, provides a suitable point of departure for measures to improve cross-border access to content in the digital single market. __________________ 2 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable transmission (OJ L 248, 6.10.1993, p. 15).
Amendment 141 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that copyright enforcement is important and therefore calls for a moderharmonised approach to the enforcement of intellectual property rights online, particularly with regard to commercial- scale infringement;
Amendment 313 #
2015/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspect of any holistic approach to migration and rReiterates that Operation Sophia must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 389 #
2015/2095(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers it appropriate therefore to extend relocation arrangements to all nationalities following the relocation of all those belonging to nationalities for which the proportion of positive decisions granting international protection in the Union has been 75 % or more for the preceding three months;
Amendment 638 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; emphasises that integration is a two-way process and that respect for the values upon which the EU is built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 758 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system, also by concluding new readmission agreements, in particular with African countries, that should be added to the 17 agreements already drawn up by the EU;
Amendment 1039 #
2015/2095(INI)
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. The Union should make the allocation of economic resources for international cooperation projects to assist developing countries conditional upon the full and effective cooperation of those countries with regard to the control of outgoing migration flows and the return of migrants who are denied political asylum or other forms of international protection;
Amendment 1096 #
2015/2095(INI)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92a. Calls on the European Council to consider military intervention in Libya and Syria, under the auspices of the United Nations, with the aim of combating ISIS and human traffickers in order to stem outgoing migration flows;
Amendment 1156 #
2015/2095(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Notes that, prior to the increased migratory flows into the Union in 2015, according to an OECD and Commission study of 2014, the working-age population (15-64) in the Union will decline by 7.5 million between 2013 and 2020, and that if net migration were to be excluded from their projections, the decline would be even more pronounced, as it would amount to a reduction of the working age population by 11.7 million; calls on the Commission, therefore, to submit to the Member States a set of measures with a view to boosting the birth rate, in order to avoid having to resort to workers from third countries because of the decline of the European population;
Amendment 1181 #
2015/2095(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
Amendment 392 #
2015/0288(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
If the defect is attributable to the manufacturer, the latter shall be jointly liable with the seller vis-à-vis the consumer, this liability being limited to the compulsory repair or replacement of defective goods within the deadlines and in the manner determined by the Member States in accordance with national law.
Amendment 643 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. TWhe burden of proof with respect to the conformity with the contract at the time indicated in Article 10 shall be on the supplierre a lack of conformity becomes apparent within two years from the time indicated in paragraph 10, the supplier shall be liable in respect of that lack of conformity.
Amendment 646 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 647 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Unless there is evidence to the contrary, any lack of conformity that becomes apparent within six months from the time indicated in Article 10 shall be presumed to have already existed at that time.
Amendment 654 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1b shall not apply where the supplier shows that the digital environment of the consumer is not compatible with interoperability and other technical requirements of the digital content and where the supplier informed the consumer of such requirements before the conclusion of the contract.
Amendment 751 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The reduction in price shall be proportionate to the decrease in the value of the digital content which was received by the consumer compared to the value of the digital content that is in conformity with the contract. In determining the amount of the reduction or the amount to be repaid, account shall be taken of use of the digital content by the consumer.
Amendment 831 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 837 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the digital content has been supplied in exchange for a payment of a price and overDuring the period of time stipulated in the contract, the consumer may terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contract.
Amendment 111 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) It should be specified in this Directive that the activities of a dealer include not only the manufacturing but also the modification or conversion of a firearm which classifies it for another category according to Annex I part II, such as the shortening of a complete firearm, and in addition the modification or conversion of parts of firearms and of ammunition, and that, therefore, only authorised dealers should be permitted to engage in those activities. This Directive should not prevent, where allowed by national law, individuals from preparing ammunition or from modifying non- essential components of firearms for personal use.
Amendment 130 #
2015/0269(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
Amendment 137 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall make the pursuit of the activity of dealer or broker within their territory conditional upon authorisation on the basis of at least a check of the privateersonal and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 141 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
This filing system shall record each firearm's type, make, model, calibre and serial number, as well as the names and addresses of the supplierperson disposing of the firearm and the person acquiring or possessing ithe firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 144 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
Throughout their period of activity, dealers and brokers shall be required to maintain a register in which all firearms subject to this Directive and which are received or disposed of by them shall be recorded, together with such particulars as enable the firearm to be identified and traced, in particular the type, make, model, calibre and serial number thereof and the names and addresses of the persons supplyingdisposing of and acquiring it.
Amendment 146 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weaponsIt should be possible for Member States to choose to authorise persons dedicated to the gathering, study and conservation of firearms and associated artefacts for historical, cultural, scientific, technical, educational, aesthetic or heritage purpose and recognised as such by the Member State in whose territory they are established and holding in theirto possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated. , provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage. Any such authorisation should take into account and reflect the specific situation, including the nature of the collection and its purposes.
Amendment 150 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 2
Article 4b – paragraph 2
2. The system referred to in paragraph 1 shall include at least a check of the privateersonal and professional integrity and of the abilities of the dealer or broker. In the case of a legal person, the check shall be on the legal person and on the person who directs the undertaking.
Amendment 260 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their essential components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersshould where allowed under national law, be possible provided that it takes place under conditions, so as to allow verification of identity and of the right to engage in such transaction.
Amendment 314 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
1b. For the purposes of this Directive, "essential component" shall mean the barrel, frame, receiver, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 332 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 91/477/EEC
Article 1 – paragraph 1e
Article 1 – paragraph 1e
1e. For the purposes of this Directive, "broker" shall mean any natural or legal person, other than a dealer, his agents or representatives, whose trade or business consists wholly or partly in buying, selling or arranging the transfer within a Member State, from one Member State to another Member State or exporting to a third country fully assembled firearms, their parts and ammunition.
Amendment 390 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point ii
Article 1 – paragraph 2 – point ii
(ii) the manufacture, trade, exchange, hiring out, repair or conversion of paressential components of firearms;
Amendment 396 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point d
Article 1 – point 1 – point d
Directive 91/477/EEC
Article 1 – paragraph 2 – point iii
Article 1 – paragraph 2 – point iii
(iii) the manufacture, trade, exchange or conversion, other than for personal use, of ammunition.
Amendment 446 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
For the purposes of identifying and tracing each assembled firearm, Member States shall, at the time ofwithout delay after the manufacture or import of each firearm or at the time of import into the Union, require a unique marking including the name of the manufacturer, the country or place of manufacture, the serial number and the year of manufacture, if not already part of the serial number, in accordance with the provisions of the Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969. This shall be without prejudice to the affixing of the manufacturer's trademark.
Amendment 473 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 3
Article 4 – paragraph 2 – subparagraph 3
Member States shall ensure that each elementary package of complete ammunition is marked so as to provide the name of the manufacturer, the identification batch (lot) number, the calibre and the type of ammunition and the marking certifying that the ammunition have been verified in accordance with the provisions of the Convention for the Reciprocal Recognition of Proof Marks on Small Arms of 1 July 1969.
Amendment 492 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This data-filing system shall record each firearm's type, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities.
Amendment 538 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall establish rules on appropriate safe storage of firearms, essential components and ammunition, including when under transport. Member States shall lay down particularly high requirements for secure storage with respect to firearms or ammunition classified in category A.
Amendment 562 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/447/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical testestablish a monitoring system that may include medical checks, which can be carried out on a continuous for issuing or renewing authorperiodic basis, for the acquisaitions as referred to in paragraph 1nd possession of firearms, and shall withdraw authorisations if any of the conditions on the basis of which it wasthey were granted is no longer met.
Amendment 2 #