568 Amendments of Marianne THYSSEN
Amendment 21 #
2013/2021(INI)
Motion for a resolution
Recital C
Recital C
C. whereas excessive risk-taking, excessive leverage, inadequate capital andrequirements for trading and investment activities, the absence of liquidity requirements and the excessive complexity of the overall banking system were at the root of the financial crisis;
Amendment 38 #
2013/2021(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the current post-crisis weakness in the structure of EU banks demonstrates the need foat there may be a need for further reform in order to serve the wider needs of the economy and that moreover significant disparities between Member States are perceptible as regards the nature and degree of the reforms of their banking sectors which they have implemented and planned;
Amendment 49 #
2013/2021(INI)
Motion for a resolution
Recital F
Recital F
Amendment 64 #
2013/2021(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the financial crisis demonstrated the problem of cross- contamination between banks’ retaildepository/lending activities and their risky trading and investment activities;
Amendment 132 #
2013/2021(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that while current proposals for reforms of EU banking sector rules (including the Capital Requirements Directive and Regulation, the Recovery and Resolution Directive, the Single Supervisory Mechanism, the Deposit Guarantee Schemes Directive and shadow banking initiatives) are vital, a more fundamental reform of the banking structure is essentialcalled for, and complementary to the other proposals;
Amendment 147 #
2013/2021(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists that the Commission’s impact assessment include a thorough assessment of the cost to both public finances and financial stability of the failure of an EU- based bank during the current crisis, together withas well as an assessment of the costs which would be entailed by a structural reform as regards the role of banks in financing the European economy, expressly taking account of the significant differences in the structure of the banking sectors of the various Member States, and also taking into account the impact of the measures which are currently being devised or have already been adopted both under the aegis of the Basel Committee and at EU level, and that the assessment provide information on the nature of the EU’s current universal banking model, including the size and balance sheets of the retaildepository/lending activities and trading and investment activities of all universal banks operating in the EU, broken down by individual bank and country;
Amendment 156 #
2013/2021(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers, moreover, that in view, inter alia, of the current difficult economic situation in the European Union, this impact assessment should also investigate the desirable timetable for such structural reforms;
Amendment 194 #
2013/2021(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that an effective banking system must deliver a change in banking culture in order to reduce complexity, enhance competition, limit interconnectedness between risky and commercialtrading and investment activities and depository/lending activities, improve corporate governance, create a responsible remuneration system, allow effective bank resolution and recovery, reinforce bank capital and deliver credit to the real economy;
Amendment 221 #
2013/2021(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to come forward with a proposal for mandatory separation of banks’ retail and investment activitiesdepository/lending activities and significant trading and investment activities, adhering to the two-stage procedure and the separation criteria set out in the HLEG report, although for the purpose of calculating the thresholds the less risky assets available for sale (the ‘AFS’ category), as to be more precisely defined by the EBA, should not be taken into account;
Amendment 244 #
2013/2021(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to come forward with a proposal for such mandatory separation through the establishment of a thorough, transparent and credible ‘ring fence’ around, or even complete hiving-off into an entity outside the banking group, around those risky trading and investment activities of significant volume, on the basis of an evaluation process which closely adheres to the two-stage procedure and the separation criteria set out in the HLEG report, although for the purpose of calculating the thresholds the less risky assets available for sale (the ‘AFS’ category), as to be more precisely defined by the EBA, should not be taken into account, in order not to contaminate bank activities that are vital for the real economy, such as those relating to credit functions, payment systems and deposits; takes the view that in the event of a bank failure, the ring fence must ensure that the retaildeposit/lending bank entity continues business unaffected by operational problems, financial losses, funding shortages or reputational damage resulting from the resolution or insolvency of the investment entity;
Amendment 269 #
2013/2021(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission to ensure that trading and investment activities do not benefit from implicit guarantees, the use of insured deposits or taxpayer bailouts and that these activities do not pose a risk to the delivery of ring-fenced retailprovision of depository/lending services;
Amendment 285 #
2013/2021(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission to ensure that where banks undertake particularly risky investment and trading activities, the risks and costs associated with those activities are borne by their tradingring-fenced investment arm and not by their ring-fenced retaildepository/lending arm;
Amendment 308 #
2013/2021(INI)
Motion for a resolution
Paragraph 12 – point a
Paragraph 12 – point a
(a) separate legal entities, with separate sources of funding for the bank’s retaildepository banking and investment entities;
Amendment 331 #
2013/2021(INI)
Motion for a resolution
Paragraph 12 – point d
Paragraph 12 – point d
(d) net and gross large exposure limits for intra-group transactions between ring- fenced and non-ring-fenced activities, which are at least as strict as those for third-party exposure, including strict limits on the exposure of ring-fenceddepository/lending activities to the ring-fenced investment entity’s riskier activities;
Amendment 355 #
2013/2021(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the necessity of assessing the systemic risk presented by both the retail andeposit banks and ring-fenced investment entities, as well as by the group as a whole, with a view to the application of appropriate capital buffers and liquidity requirements for each entity;
Amendment 366 #
2013/2021(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to ensure that the retail entitydeposit bank has sufficient capital and liquid assets to enable it, in the event of the bank’s failure, to maintain depositors’ access to funds, to protect the essential services of the ring-fenced arm from the risk of disorderly failure and to prioritise paying out depositors in a timely fashion;
Amendment 378 #
2013/2021(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to ensure that adequate differentiation exists in terms of capital, leverage and liquidity requirements between the investment and retaildepository/lending entities, with an emphasis on higher capital requirements for the ring-fenced investment entity;
Amendment 386 #
2013/2021(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Urges the Commission, in order to manage the risks of loans for real estate operations more effectively, to ensure that limits on the size of loans are adopted in the Member States on the basis of the loan-to-value ratio of the property (LTV) or the loan-to-income ratio of the borrower (LTI) and form part of the instruments of micro- and macro- prudential supervision;
Amendment 412 #
2013/2021(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to include provisions establishing an obligation for all board members of the retaildepository entity, both executive and non-executive, and all levels of management and risk-takers to originate from, and only have responsibility for, the retaildepository entity and not the investment entity;
Amendment 443 #
2013/2021(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges the Commission to make provision for national supervisors, where appropriate in a coordinated manner with the single supervisory mechanism, to have the power to implement full and legal separation of banks;
Amendment 43 #
2013/0265(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For domestic transactions, a transition period is necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a two year period following the entry into force of this Regulation and in order to provide for a completion of an internal market for card- based payments, the caprules on interchange fees for consumer card transactions should be extended to cover all, cross-border and domestic payments. In view of the trend in the past ten years, it is likely that the issue and use of consumer debit cards will continue to increase, with the result that, after the transitional period, the aim of encouraging the issue and use of debit cards will no longer justify retaining interchange payments for debit cards.
Amendment 77 #
2013/0265(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Honour all Cards Rule is a twofold obligation imposed by issuing payment services providers and payment card schemes on payees to, on the one hand, accept all the cards of the same brand ('Honour all Products' - element), irrespective of the different costs of these cards, and on the other hand irrespective of the individual issuing bank which has issued the card ('Honour all Issuers' – element). It is in the interest of the consumer that for the same category of cards the payee cannot discriminate between issuers or cardholders, and payments schemes and payment service providers can impose such obligation on them. Therefore, although the 'Honour all Issuers' element of the Honour all Cards Rule is a justifiable rule within a payment card system, since it prevents that payees from discriminating between the individual banks which have issued a card, the 'Honour all Products' element is essentially a tying practice that has the effect of tying acceptance of low fee cards to acceptance of high fee cards. A removal of the '‘Honour all Products'’ element of the Honour All Cards Rule would allow merchants to limit the choice of payment cards they offer to low(er) cost payment cards only, which would also benefit all consumers through reduced merchants' costs. Merchants accepting debit cards would then not be forced also to accept credit cards, and those accepting credit cards would not be forced to accept commercial cards. However, to protect the consumer and his ability to use the payment cards as often as possible, merchantConsumers who do not own or use a costly payment card must not be compelled to cross-subsidise the use of such costly payment cards by those consumers swhould be obliged to accept all cards that are subject to the same regulated interchange fee have the opportunity to use them and benefit from the related reward programmes. Such a limitation would also result in a more competitive environment for cards with interchange fees not regulated under this Regulation, as merchants would gain more negotiating power as regards the conditions under which they accept such cards. Consumers would benefit from a lower retail price due to the reduction in merchants’ costs. Moreover, merchants must not prevent consumers from rejecting an automatic preferential selection installed by the merchant in his equipment and opting for their own preferred payment instrument among the categories of payment cards or equivalent payment instruments accepted by the merchant.
Amendment 81 #
2013/0265(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) For the effective functioning of the limitations to the Honour All Cards Rule certain information is indispensable. First, payees and payers should have the means to identify the different categories of cards. Therefore, the various categories should be identifiable visibly and electronically, either on the device or on the payment terminal. Secondly, also the payer should be informed about the acceptance of his payment instrument(s) at a given point of sale. It is necessary that any limitation on the use of a given brand to be announced by the payee to the payer, at the latest at the same time and under the same conditions as the information that a given brand is accepted.
Amendment 83 #
2013/0265(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) A payment is an agreement between the payer and the payee. In order for competition between brands to be effective, it is important that the choice of payment application should be made by users, not imposed by the upstream market, comprising payment card systems, payment service providers or processors. This does not prevent payers and payees from setting an automatic choice of application, where technically feasible, provided that this choice can be changed for each transaction. If the payee selects an application supported by both, the user must be able to reject it and opt for his own preferred application.
Amendment 202 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With effect from two years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2 % of the value of the transaction for any debit card based transactions.
Amendment 256 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Any schemes rules and rules in licensing agreements or equivalent measures that hinder or prevent an issuer from co- badging two or more different brands of payment instruments on a card, telecommunication, digital or IT device shall be prohibited.
Amendment 262 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Any difference in treatment of issuers or acquirers in schemes rules and rules in licensing agreements concerning co- badging or equivalent co-residence of different brands or applications on a card, telecommunication, digital or IT device shall be objectively justified and non- discriminatory.
Amendment 264 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Payment card schemes shall not impose reporting requirements, obligations to pay fees or other similar obligations with the same object or effect on card issuing and acquiring payment services providers for transactions carried out with any device on which their brand is present in relation to transactions for which their scheme is not used.
Amendment 266 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Any routing principles or equivalent measures aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand or equivalent on a card, telecommunication, digital or IT device shall be non- discriminatory and shall be applied in a non-discriminatory manner.
Amendment 269 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Where a payment device offers the choice between different brands of payment instruments, the brand applied to the payment transaction at issue shall be determined by the payer at the point of sale. Payees may nonetheless refuse certain cards and payment instruments in accordance with Article 10.
Amendment 273 #
2013/0265(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Payment card schemes, issuers, acquirers and payment card handling infrastructure providers shall not insert automatic mechanisms, software or devices on the payment instrument or at equipment applied at the point of sale which limit the choice of application by the payer when using a co-badged payment instrument. Payees, on the other hand, shall retain the option of installing automatic mechanisms in the equipment used at the point of sale which make a priority selection of a particular brand or application, with the proviso that the payer must always be able to reject this choice in favour of his own preference.
Amendment 284 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments issued by one issuing payment service provider within the framework of a payment instruments scheme to also accept other payment instruments of the same brand and/or category issued by other issuing payment service providers within the framework of the same scheme, except if they are subject to the same regulated interchange fee which, moreover, complies with the caps set under this Regulation.
Amendment 291 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Merchants deciding not to accept all cards of a payment card scheme or other payment instruments of a payment card schemebased thereon shall inform consumers in a clear and unequivocal manner at the latest at the same time as they inform the consumer on the acceptance of other cards and payment instruments of the scheme. TIn the case of physical trade, that information shall be displayed prominently at the entrance of the shop, or at the till or. In the case of electronic trade, the information shall be displayed prominently on the website or other applicable electronic or mobile medium, and. At all events, the information shall be provided to the payer in good time before he enters into a purchase agreement with the payee.
Amendment 296 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable, either in the device or on the payment terminal, enabling payees and payers to identify unequivocally which brands and categories of prepaid, debit, credit or commercial cards or card based payments based on these are chosen by the payer.
Amendment 374 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
Amendment 516 #
2013/0264(COD)
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
Where a consumpayment service user places cash on a payment account with that payment service provider in the currency of that payment account, the payment service provider shall ensure that the amount is made available and value dated immediately after the point of time of the receipt of the funds. Where the payment service user is not a consumer, the amount shall be made available and value dated at the latest on the next business day after the receipt of the funds.
Amendment 164 #
2013/0253(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) It is important that losses be recognised upon failure of the institution. The guiding principle for the valuation of assets and liabilities of failing institutions should be their market value at the moment when the resolution tools are applied and to the extent that markets are functioning properefficiently. When markets are truly dysfunctional, valuation should be performed at the duly justified long term economic value of assets and liabilities. It should be possible, for reasons of urgency, that the Board makes a rapid provisional valuation of the assets or liabilities of a failing institution which should apply until an independent valuation is carried out.
Amendment 305 #
2013/0253(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. No decision of the Board or the Commission shall require Member States to provide extraordinary public financial support. unless approved by a Member State in accordance with its national budgetary procedures. Member States shall establish a procedure for deciding on approval within five days of approval being requested by the Board or the Commission. Where a Member State has not agreed to provision of this support, it shall, within the same period, submit a proposal for the winding up of the entity and, where applicable, the group, at minimal cost. Where the Board takes the view that the alternative proposal submitted is not in accordance with this Regulation, national insolvency law shall apply.
Amendment 520 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the ECB or a national resolution authoritycompetent national authority, as defined in [Article 2(20) BRRD] assesses that the conditions referred to in points (a) and (b) of paragraph 2 are met in relation to an entity referred to in Article 2, it shall communicate that assessment without delay to the Commission and the Board.
Amendment 532 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. Where the Board conducts such an assessment on its own initiative, compliance with the conditions referred to in points (a) and (b) of paragraph 2 in relation to an entity referred to in Article 2 shall be evaluated in close consultation and cooperation with the ECB or the competent national authority.
Amendment 541 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 5 – introductory part
Article 16 – paragraph 5 – introductory part
5. IfWhere it judges that all the conditions established in paragraph 2 are met, the Board shall recommend to the Commission that the entity be placed under resolution. The recommendation shall include at least the following:
Amendment 551 #
2013/0253(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Having regard to the urgency of the circumstances in the case, the Commission shall decide, On the basis of the Board's recommendation referred to in paragraph 5 and, where applicable, taking into account the communication referred to in paragraph 1, the Commission shall establish whether the con dits own initiative or taking into account, if any, the communicaions referred to in point (c) of paragraph 2 have been met and shall, on this basis, decide whether or not to place the entity under resolution. With regard to the conditions referred to in paragraph 1 or the recommendation of the Board referred to in paragraph 5, whether or not to place the entity under resolution, andoints (a) and (b) of paragraph 2, the Commission shall participate in the assessment thereof by the Board and, where applicable, the ECB or the competent national authority under paragraph 1. On the basis of the Board's recommendation referred to in paragraph 5, the Commission shall then decide on the framework of the resolution tools that shall be applied in respect of the entity concerned and the framework of the use of the Fund to support the resolution action. TIf the Commission, on its own initiative, may decide to place an entity under resolution if all the conditions referred to in paragraph 2 are met. intends to reject or adopt in amended form the Board's recommendation, it shall return the recommendation to the Board, indicating its reasons for rejecting it or the reasons for its proposed amendments, as the case may be. The Commission may set a deadline for the Board to amend its original recommendation in the light of the Commission's proposed amendments and once more submit it to the Commission. If, on expiry of the deadline set by the Commission, the Board has tabled no amended recommendation or has tabled an amended recommendation that does not correspond to the Commission's proposed amendments, the Commission may take its decision under the first part of of paragraph 6 with the amendments it judges relevant, or reject the recommendation. Except in duly motivated urgent situations, the Board shall have at least five working days to consider the Commission's proposed amendments. On receipt of the communication referred to in paragraph 1, the Commission may set a deadline for submission by the Board of a recommendation as referred to in paragraph 5. If the Board does not submit a recommendation within this period, the Commission may decide on its own initiative under the first part of paragraph 6.
Amendment 725 #
2013/0253(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Board shall co-operate closely with the European Financial Stability Facility (EFSF) and, the European Stability Mechanism (ESM) and any similar European entity in future, in particular where the EFSF or, the ESM or any similar European entity in future, have granted or are likely to grant, direct or indirect financial assistance to entities established in a participating Member State, in particular in those extraordinary circumstances referred to in Article 24(9).
Amendment 751 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
(a) the Executive Director with voting rights;
Amendment 755 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) thewo Deputy Executive Directors with voting rights;
Amendment 766 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point c
Article 39 – paragraph 1 – point c
(c) a member appointed by the Commission with voting rights;
Amendment 774 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) a member appointed by the ECB without voting rights;
Amendment 783 #
2013/0253(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
(e) a member appointed by each participating Member State, representing the national resolution authority with voting rights.
Amendment 852 #
2013/0253(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. When deliberating on a cross-border group, the Board shall take its decisions in itsthe executive sessions by a simple majority of its participating members. The members of the Board referred to in Article 40(2) andof the Board, the members of the Board referred to in points (a), (b) and (c) of Article 39(1), the member appointed by the Member State in which the group level resolution authority is situated shall each have one vote. Tand the other participating members shall each have a voting right equal to a fraction of one vote and the number ofof the national resolution authorities of the Member States in which a subsidiary or entity covered by consolidated supervision is establishedunder consolidated supervision is situated shall do all in their power to reach a joint decision within the deadline set by the Board, taking account of the urgency of the specific matter. If no joint decision is taken under paragraph 1, the members of the Board referred to in points (a), (b) and (c) of Article 39(1) shall decide by simple majority, with each voting member having one vote. In case of a tie the Executive Director shall have a casting vote.
Amendment 863 #
2013/0253(COD)
Proposal for a regulation
Article 52 – paragraph 4 a (new)
Article 52 – paragraph 4 a (new)
4a. The Executive Director and two Deputy Executive Directors shall be chosen on the basis of an open selection procedure, taking account of the principle of gender balance, and the European Parliament and the Council kept duly informed.
Amendment 864 #
2013/0253(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. After hearing the Board, in its plenary session, the Commission shall propose a list of candidates to the CouncilThe Commission shall forward to the European Parliament committee a list of candidates for the posts of Executive Director and Deputy Executive Directors. The Commission shall forward to the European Parliament for approval its proposals for the appointment of the Executive Director and thewo Deputy Executive Directors. The Council shallOn approval of the proposals, the Council shall, by implementing decision, appoint the Executive Director and thewo Deputy Executive Director after hearing the European Parliaments.
Amendment 1036 #
2013/0253(COD)
Proposal for a regulation
Article 85 – paragraph 1
Article 85 – paragraph 1
From the date of application referred to in the second subparagraph of Article 88, the Fund shall be considered the resolution financing arrangement of the participating Member States under Title VII of Directive [ ] and shall replace the existing national resolution financing arrangements of the participating Member States.
Amendment 114 #
2013/0157(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In accordance with Protocol 26 to the Treaty on the Functioning of the European Union, this Regulation does not affect the competence of the Member States to organise the services covered by it as non-economic services of general interest.
Amendment 116 #
2013/0157(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) This Regulation does not affect the various port management models in the Member States, as long as they respect the rules on market access and financial transparency, and applies irrespective of the division of powers between the government and port management bodies in the Member States.
Amendment 214 #
2013/0157(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Regulation shall apply to the provision of the following categories of port services, if they are organised as economic activities, either inside the port area or on the waterway access to and from the ports.
Amendment 259 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
13. "provider of port services" means any natural or legal person providing, or wishing to provide, for remuneration, one or more categories of port services listed in Article 1(2) if organised as an economic activity;
Amendment 265 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
18 a. "Access and defence infrastructure" means all infrastructure that allows sea and land access to a port area including maritime access and defence works, land access connections to general transport facilities and infrastructure for utilities necessary for the activities in the port area;
Amendment 267 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 b (new)
Article 2 – paragraph 1 – point 18 b (new)
18 b. "Terminal or project-related infrastructure" means civil works within the port area that include berths used for the mooring of ships, the reclamation of land used for terminal construction, dredging alongside berths and access to terminals from the general public transport facilities within the port area, mentioned under Article 2(1)(18a);
Amendment 268 #
2013/0157(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18 c (new)
Article 2 – paragraph 1 – point 18 c (new)
Amendment 400 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7a. Public funds, referred to in paragraph 1 and 3, made available to the managing body of the port in order to either partly or entirely finance the access and land infrastructure as well as the terminal or project related infrastructure stay within the public remit, as long as these infrastructures are managed and exploited by the managing body of the port in a non-commercial way.
Amendment 401 #
2013/0157(COD)
Proposal for a regulation
Article 12 – paragraph 7 b (new)
Article 12 – paragraph 7 b (new)
7b. Public funds made available to the managing body of the port in order to either partly or entirely finance the superstructure fall outside the public remit as they are directly related to the benefit of the individual port service involved.
Amendment 268 #
2012/2151(INI)
Motion for a resolution
Recital AS
Recital AS
AS. whereas the European level of supervision should have ultimate responsibility for all financial institutions within the countries included in the system, particularly for the guidance of national supervisory authorities and, for determining the overall strategic supervisory framework and to ensure that problems are detected and tackled vigorously;
Amendment 556 #
2012/2151(INI)
Motion for a resolution
Recital CK a (new)
Recital CK a (new)
CKa. whereas the Europe 2020 Strategy should undergo a mid-term review, in which it would be wrong to shrink from naming and shaming and which should examine whether the objectives need to be refined or adjusted and how the pressure on Member States to attain the objectives can be increased;
Amendment 680 #
2012/2151(INI)
Motion for a resolution
Annex – part 1 – point 1.1 – paragraph 9 a (new)
Annex – part 1 – point 1.1 – paragraph 9 a (new)
In view of the fact that Article 127(6) TFEU applies to the whole of the Union and bearing in mind Article 139 TFEU, the Commission is requested to examine whether the General Council of the ECB can be granted additional powers in the field of supervision and under which conditions.
Amendment 7 #
2012/2028(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the presentation by Vice-President Rehn in the Committee on Economic and Monetary Affairs on 23 November 2011 and of the exchange of views with the German Council of Economic Experts on the European redemption fund on 29 November 2011,
Amendment 8 #
2012/2028(INI)
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regard to the report by President of the European Council, Herman Van Rompuy "Towards a Genuine Economic and Monetary Union",
Amendment 9 #
2012/2028(INI)
Motion for a resolution
Citation 2 c (new)
Citation 2 c (new)
- having regard to the decision of the European Council of 30 June 2012 to explore ways of improving the economic and financial architecture of the eurozone
Amendment 14 #
2012/2028(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Parliament requested that the Commission submit a report on the possibility of introducing eurobonds, which was an integral part of the agreement between Parliament and the Council on the economic governance package (six pack); whereas the Green Paper, however, proposes neither crisis resolution measures nor ways in which the options presented could be implemented;
Amendment 15 #
2012/2028(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Parliament requested that the Commission submit a report on the posfeasibility of introducing eurostability bonds, which was an integral part of the agreement between Parliament and the Council on the economic governance package (six pack); whereas the Green Paper, however, proposes neither crisis resolution measures nor ways in which the options presented could be implemented;
Amendment 16 #
2012/2028(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Green Paper launched a broad public consultation exercise concerning the concept of stability bonds; whereas the Green Paper assesses the feasibility of common issuance of sovereign bonds by the Member States of the eurozone and the required conditions;
Amendment 19 #
2012/2028(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the eurozone is in a unique situation, with eurozone Member States sharing a single currency but no common fiscal policy or common bond market; whereas, therefore, there are grounds for welcoming the draft proposals in the report ‘entitled ‘Towards a Genuine Economic and Monetary Union’ presented by the Presidents of the European Council, Commission, Euro Group and European Central Bank, which represents a good starting point for working towards a sound and genuine EMU;
Amendment 29 #
2012/2028(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the crisis has demonstrated not only the interdependence between eurozone Member States but also has made clear the need for a more robust fiscal union with effective mechanisms to correct unsustainable fiscal trajectories, macroeconomic imbalances, debt levels and the upper limits of budget balance of Member States;
Amendment 31 #
2012/2028(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas it is now recognized that the common issuance of debt is not an immediate response to the present crisis nor an immediate crisis resolution mechanism but just an instrument within a completely functional economic and monetary union to the reinforcement of financial stability and prevention of future sovereign debt crisis;
Amendment 33 #
2012/2028(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas the common issuance of debt with joint and several liabilities and an enhanced fiscal integration and budgetary discipline and control are two faces of the same coin;
Amendment 35 #
2012/2028(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas a substantial part of the national budgetary sovereignty should be transferred to the EU, making the participation on the common debt issuance system conditional on the respect of SGP rules - and on the acceptance of EU powers to requires changes to national budgets when in violation of fiscal rules - so to ensure compliance and prevent moral hazard;
Amendment 38 #
2012/2028(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the various crisis mitigation and resolution efforts of the European institutions, particularly the establishment of the EFSM, the EFSF, the SMP and the LTRO, and the agreement on the ESM and the fiscal compactapproval of the Six Pack, the political commitment to complete the negotiations on the Two Pack as soon as possible, the establishment of the EFSM, the EFSF, the SMP and the LTRO, and the agreement on the ESM and its early entry into force, as well as the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union;
Amendment 39 #
2012/2028(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note ofWelcomes the various crisis mitigation and resolution efforts of the European institutions, particularly the establishment of the EFSM, the EFSF, the SMP and the LTRO, and the latest agreement ons reached regarding the ESM and the "fiscal compact"; lauds these steps as a clear sign for solidarity within the euro area; reminds that three Member states outside the euro area have also receive help to overcome their sovereign debt crisis;
Amendment 44 #
2012/2028(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the presentation of the Green Book, which fulfils a long standing requests of the European Parliament; Considers that the possible introduction of stability bonds would be an operation at par in importance with the introduction of the single currency;
Amendment 47 #
2012/2028(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Welcomes the decision of the European Council of 30 June 2012 to explore ways of improving the economic and financial architecture of the euro area; notes that great emphasis is put by the Council on avoiding moral hazard and achieving sound and sustainable public finances;
Amendment 49 #
2012/2028(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes that the EFSM, the EFSF and the ESM are the most important firewalls designed so far by the EU; stresses that as a common bond system does not prevent individual country default, the role of the ESM regarding solvency issues shall not be disregarded and reiterates its vital importance to help ring-fencing such system;
Amendment 51 #
2012/2028(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses that fiscal consolidation and structural reforms throughout all Member States are necessary to restore fiscal credibility and are essential to achieve a sustainable balance of payments and sound and sustainable public finances. Restoring sound state finances and carrying out structural reforms should be a prerequisite for introducing a common debt issuance system;
Amendment 53 #
2012/2028(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fiscal consolidation and structural reform efforts undertaken by Member States; observes that these efforts must continue unremittingly in order to restore confidence and achieve sustainable growth;
Amendment 55 #
2012/2028(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fiscal consolidation and structural reform efforts undertaken by a number of Member States; acknowledges the difficult and demanding efforts that are being requested to the European citizens but reinforces the need for fiscal consolidation; welcomes that two Member states saw their excessive deficit procedure ended this year;
Amendment 60 #
2012/2028(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that growth is only possible with sound fiscal policies and therefore, and due to the deepen inter-dependence between Member States and the spill-over effects of macroeconomic policies, even those Member States out of assistance programmes should improve their consolidation efforts and structural reform programmes in order to foster competitiveness, growth and employment;
Amendment 66 #
2012/2028(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is deeply concerned, however, that despite Member States‘ reform and consolidation efforts euro area sovereign bond markets are in distrthe markets have not acknowledged the considerable efforts towards reforms and consolidation in some Member statess, which is reflected in widening spreads and high interest rate volatility;
Amendment 74 #
2012/2028(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. BelievesIs pleased to note that the re is an urgent need to further discussport presented by the Presidents of the European Council, Commission, Euro Group and European Central Bank has launched a debate concerning a longer- term vision for the euro area which ensures sound public finances, sustainable growth and high levels of employment, preventing moral hazard and supporting convergence; observes that, for the first time, a comprehensive, ambitious and credible European plan has been proposed for the necessary structural reforms in the European Union in general and the eurozone in particular;
Amendment 76 #
2012/2028(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that there is an urgent need to further discuss a longer-term vision for the euro area which ensures sound public finances, sustainable growth and high levels of employment, preventing moral hazard and supporting convergence which is only possible with a qualitative move towards a fiscal union;
Amendment 82 #
2012/2028(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that an integrated budgetary framework is essential to ensure sound fiscal policy, encompassing coordination, joint decision-making, greater enforcement and commensurate steps towards common debt issuance (including short-term funding instruments on a limited and conditional basis, or gradual roll-over into a redemption fund);
Amendment 89 #
2012/2028(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that it is in the long-term strategic interest of the eurozone to draw all possible benefits from issuing the euro, such as establishing a common liquid and diversified bond market and establishing the euro as a global reserve currency; considers moreover that this requires an integrated European financial, economic and budgetary framework;
Amendment 97 #
2012/2028(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that all existing and future instruments or institutions which are sensu stricto or sensu lato part of the economic governance framework of the Union need to be democratically legitimised as well as rooted on a firm legal base and made accountable by involving the parliaments of the Member States and the European Parliament in the setting-up and running of these instruments or institutions;
Amendment 108 #
2012/2028(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the prospect of common bonds canould foster stability in the euro area and be an additional element to incentivise compliance with the stability and growth pact, provided that progress is made with European financial and budgetary integration and supervision; reiterates its position that sequencing is a key issue, involving a binding roadmap, included in the annex, similar to the Maastricht criteria for introducing the single currency which connection responsibility and solidarity must go hand in hand;
Amendment 109 #
2012/2028(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the prospect of common bonds can foster stability in the euro area and be an additional element to incentivise compliance with the stability and growth pactReiterates its position that as a necessary precondition for common issuance bonds, a sustainable fiscal framework needs to be in place, aimed at both enhanced economic governance, fiscal discipline and SGP compliance; reiterates its position that sequencing is a key issue involving a binding roadmap, included in the annex,roadmap similar to the Maastricht criteria for introducing the single currency; asks for further clarification on the Commission's suggestion to make the common debt issuance conditional, e.g. on the respect of the Stability and Growth Pact;
Amendment 119 #
2012/2028(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Observes that, in the public and political debate, various possible ways of partially issuing common debt securities have been proposed, such as the pooling of certain short-term financing instruments on a limited and conditional basis (eurobills) or gradual rollover to a European redemption fund;
Amendment 122 #
2012/2028(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reminds that even under a common bond issuance scheme every Member state is obliged to pay back the entirety of its debt; reminds that common bond issuance are no guarantee against a Member state defaulting on its debt;
Amendment 127 #
2012/2028(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges to only consider commonly issued bonds that insure strict seniority status to the holders of these bonds in order to protect the EU taxpayers;
Amendment 129 #
2012/2028(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Notes that most proposals for eurobonds include ways to reduce the access to the bonds for Member states whose budgetary positions spin out of control; urges therefore to maintain mechanisms that are able to help those Member states which are experiencing difficulties in form of a liquidity crisis (as opposed to a solvability crisis) and that are excluded from the common issuance of bonds; believes that the ESM should be maintained for that purpose; urges to make the ESM subject to the Community method;
Amendment 132 #
2012/2028(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Asks the Commission to further elaborate on the criteria of allocation of the loans to the Member states, as the Green Book's only states that this would be done 'according to their needs'; insists that the capacity to service the debt should be one of the central allocation criteria;
Amendment 134 #
2012/2028(INI)
Motion for a resolution
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Believes that it is essential to establish a roadmap in a two-phase approach: in a short-run exit the current crisis and in a long-run to move towards a fiscal union by completing, strengthening and deepening the economic and monetary union;
Amendment 141 #
2012/2028(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges Member States to seriously consider the option of immediately establishing a European Redemption Fund in order to allow participatCalls on the Commission as soon as possible and no later than 31 December 2012 to present a report to the European Parliament and to the Council examining the feasibility of options and making proposals for a possible roadmap towards common issuance of public debt instruments, taking accountries to reduce excessive debt over a maximum period of 25 years by using the interest rate savings for debt reduction of financial, budgetary and legal aspects; considers that, in this context, the Commission should pay particular attention to the feasibility of introducing a redemption fund which combines temporary common issuance of debt instruments and strict rules on fiscal adjustment;
Amendment 148 #
2012/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 154 #
2012/2028(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges Member States to seriously consider the immediate issuance of common short-term debt in the form of eurobills to protect those Member States with fundamentally sustainable fiscal polices from illiquidity runs and the negative feedback loop between sovereign and banking crises;
Amendment 157 #
2012/2028(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges Member States to study the feasibility of moving towards a system of European Safe Bonds as proposed by Euro-nomics;
Amendment 162 #
2012/2028(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 168 #
2012/2028(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to prepare contingency plans allowing a rapid implementation of these schemesengage in clarifying the legal restraints to the common issuance of bonds, especially Article 125 TFEU and its implication for three possible issuing modes, which are joint liability, several liability, as well as joint and several liability; Urges the Commission to analyse the possible use of article 352/1 of the TFEU or any other legal basis for the implementation of a partial common debt issuance solution without a necessary Treaty change;
Amendment 178 #
2012/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that, in parallel, there is an urgent need to recapitalise the European banking sector and to further complete financial integration in the EU; calls on the Commission to put forward proposals for a single financial supervisory authority to oversee systemic financial institutions, a banking resolution regime including a recapitalisation fund and an EU-wide deposit guarantee scheme; notes that this would involve transferring responsibility for supervision to European level and creating a common deposit guarantee scheme and common systems for banking resolution and liquidation of banks;
Amendment 181 #
2012/2028(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes that, in parallel, there is an urgent need to recapitalise the European banking sector and to further complete financial integration in the EU; calls on the Commission to put forward proposals for a Banking Union with a single financial supervisory authority to oversee systemic financial institutions with pre-emptive intervention powers, a banking resolution regime including a recapitalisation fund and an EU-wide common deposit guarantee scheme;
Amendment 193 #
2012/2028(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 197 #
2012/2028(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that the issuance of common bondscommon debt issuance under separate liability, similar to the EFSF bond, risks not being sufficiently attractive for investors and that the roadmap should therefore include a system, which does not require any Treaty change, for the allocation of debt below 60 % of GDP to be issued under joint and several liabilities (blue-bond/red-bond proposal)if some Member states participating in the scheme still lack sustainable finances;
Amendment 198 #
2012/2028(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that three scenarios might have to be chosen from: first, a single interest rate for all participating Member states, resulting in a transfer of wealth between countries, second, a differentiated interest rate, and third, a single rate associated to a compensation scheme such as floated by the Commission, where Member states with lower ratings financially compensate those with better ratings;
Amendment 199 #
2012/2028(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Asks the Commission to elaborate more its option to establish a system of differentiation of the interest rates between Member states with divergent ratings, especially to clarify how and by whom these ratings are established once market mechanisms were neutralized by the introduction of common bonds;
Amendment 200 #
2012/2028(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Shares the view expressed by the Commission in its Green Paper that the stability of a eurobond system cannot rely solely on the shoulders of a small number of Member states with sustainable finances, and that such system demands a strengthened fiscal union and stronger budgetary discipline and control to prevent moral hazard;
Amendment 203 #
2012/2028(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 209 #
2012/2028(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that if the blue-bond/red- bond system proves to be beneficial to the euro area as a whole, a further step, requiringa system of mutualisation of debt is deemed possible and well interwoven in a stability oriented framework, a Treaty change, should be envisaged, which iscould result in the issuance of bonds under joint and several liability;
Amendment 218 #
2012/2028(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Advocates, following the implementation of short-term measures to exit the crisis, the setting-up of a committee inspired by the Delors Committee of 1988, including representatives from the European Parliament, Member States, the Commission and the ECB; believes that this committee should evaluate progress and make recommendations for further steps with regard to post-crisis phases, to be discussed in Parliament; takes the view that this committee should also look at the possibility of issuing genuine federal bonds;
Amendment 221 #
2012/2028(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Advocates, following the implementation of short-term measures to exit the crisis, the setting-up of a committee inspired by the Delors Committee of 1988, including representatives from Member States, the Commission and the ECBPresident of the Commission, the President of the European Council, the President of the ECB and the President of the Eurogroup; believes that this committee should evaluate progress and make recommendations for further steps with regard to post-crisis phases, to be discussed in Parliament; takes the view that this committee should also look at the longer term possibility of issuing genuine federal bonds destined to feed the European budget;
Amendment 225 #
2012/2028(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Strengthens that the Commission should study the feasibility of each and all of the options presented in the Annex (both phase 1 and phase 2), which are not necessarily alternative but can be, under certain circumstances, cumulative and concurrent;
Amendment 228 #
2012/2028(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Is aware that an ever increasing number of proposals for the mutualisation of debt are being made, especially in the academic field; notes that these proposals vary considerably; outlines a chosen number of possible options in the annex;
Amendment 1352 #
2012/0366(COD)
Proposal for a directive
Annex 1 – point 14 a (new)
Annex 1 – point 14 a (new)
(14 a) Smoking in presence of children can cause sudden infant death
Amendment 1354 #
2012/0366(COD)
Proposal for a directive
Annex 1 – point 14 b (new)
Annex 1 – point 14 b (new)
(14 b) Smoking during pregnancy causes premature birth
Amendment 1355 #
2012/0366(COD)
Proposal for a directive
Annex 1 – point 14 c (new)
Annex 1 – point 14 c (new)
(14 c) Children that are forced to smoke passive are more vulnerable to asthma and meningitis
Amendment 103 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2011/92/EU
Article 1 – paragraph 2 – point a – indent 1
Article 1 – paragraph 2 – point a – indent 1
Amendment 115 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 1 – point a a (new)
Article 1 – point 1 – point a a (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point f
Article 1 – paragraph 2 – point f
(aa) point f of paragraph 2 is replaced by the following: "(f) "competent authority or authorities" means that authority or those authorities which the Member States designate as responsible for performing the duties arising from this Directive. Member States are not obliged to confer on the authority or authorities on which the competence to grant or refuse development consent is conferred, all other competences that arise from this directive."
Amendment 116 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g
Article 1 – paragraph 2 – point g
(g) "environmental impact assessment" shall mean the process of preparing an environmental report, carrying out consultations (including with the public concerned and the environmental authorities), the assessmentthe verification by the competent authority, the taking into account of the environmental report and the results of the consultations (including with the public concerned and the authorities) in the development consent procedure as well as the provision of information on the decision in accordance with Aarticles 5 to 10.
Amendment 142 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
3. Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shallmay be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation.
Amendment 144 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
Amendment 148 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 3
Article 2 – paragraph 3 – subparagraph 3
Amendment 153 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3 – subparagraph 4
Article 2 – paragraph 3 – subparagraph 4
Amendment 164 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – introductory part
Article 3 – introductory part
The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and, in accordance with Articles 45 to 11, the direct and indirect significan0 and in an appropriate manner identify and describe the relevant direct and indirect effects of a project on the following factors and assess if those effects are significant:
Amendment 167 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point a
Article 3 – point a
(a) population, human health,; fauna, flora and biodiversity, with particular attention to species and habitats protected under Council Directives 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council;
Amendment 186 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2011/92/EU
Article 3 – point e
Article 3 – point e
Amendment 203 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2011/92/EU
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When a case-by-case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2, the competent authority shall take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment. The detailed list of selection criteria to be used is specified in Annex IIIrelevant selection criteria set out in Annex III shall be taken into account.
Amendment 209 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 5 – introductory part
Article 4 – paragraph 5 – introductory part
5. The competent authority shall make its decistermination pursuant to paragraph 2, on the basis of the information provided by the developer pursuant to paragraph 3 and taking into account, where relevant, the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decistermination pursuant to paragraph 2 shall:
Amendment 227 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 6 – subparagraph 1
Article 4 – paragraph 6 – subparagraph 1
6. TMember States shall ensure that the competent authority shall makes its decistermination pursuant to paragraph 2 within three months from the request for development consent and provided thamoment the developer has submitted all the requisite information pursuant to paragraph 3. Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a further 3 months; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected.
Amendment 231 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4 – paragraph 6 – subparagraph 1 a (new)
Article 4 – paragraph 6 – subparagraph 1 a (new)
The detailed arrangements for the submission by the developer of all requisite information shall be determined by the Member States.
Amendment 233 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2011/92/EU
Article 4– paragraph 6 – subparagraph 2
Article 4– paragraph 6 – subparagraph 2
Amendment 234 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Wheren an environmental impact assessment must be carried out in accordance with Aarticles 5 to 10, the developer shall preparesubmit an environmental report. The environmental report shall be based on the determination pursuant to paragraph 2 of this Article andinclude the information and assessments specified in Annex IV. When preparing the environmental report, the developer shall include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project, taking into account current knowledge and methods of assessment, the characteristics, technical capacity and location of the project, the characteristics of the potential impact, alternatives to the proposed project and the extent to which certain matters (including the evaluation of alternatives) are more appropriately assessed at different levels including the planning level, or on the basis of other assessment requirements. The detailed list of and shall take into account: (a) the opinion, given by the competent authority pursuant to paragraph 2, on the scope and level of detail of the information to be providsupplied inby the environmental report is specified in Annex IVdeveloper; (b) current knowledge and methods of assessment.
Amendment 247 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1 – subparagraph 1 a (new)
Article 5 – paragraph 1 – subparagraph 1 a (new)
Relevant information available on environmental effects of projects and obtained at other levels of decision- making or through other Union legislation may be used for providing the information and assessments referred to in Annex IV.
Amendment 253 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
2. TMember States shall ensure that, if the developer so requests, the competent authority, after having consulted the developer and the authorities referred to in Aarticle 6(1) and the developer, shall determine, shall give an opinion on the scope and level of detail of the information to be includsupplied by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determinaccordance with paragraph 1. In particular the requested opinion shall include:
Amendment 261 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
Amendment 265 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point c
Article 5 – paragraph 2 – subparagraph 1 – point c
Amendment 284 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 1 – point f
Article 5 – paragraph 2 – subparagraph 1 – point f
Amendment 286 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
(g) the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used.
Amendment 288 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 293 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Member States may require the competent authorities to give such an opinion, irrespective of whether the developer so requests.
Amendment 294 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – introductory part
Article 5 – paragraph 3 – subparagraph 1 – introductory part
To guarantee the completeness and sufficient quality of the environmental reports referred to in Article 5(1):, the environmental report shall be verified by technically competent experts, committees of experts or by a competent authority.
Amendment 295 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point a
Article 5 – paragraph 3 – subparagraph 1 – point a
Amendment 305 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 1 – point b
Article 5 – paragraph 3 – subparagraph 1 – point b
Amendment 316 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Amendment 326 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
Amendment 343 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Directive 2011/92/EU
Article 6 – paragraph 6 – point b
Article 6 – paragraph 6 – point b
(b) for the authorities referred to in Article 6(1) and the public concerned to prepare and participate effectively in the environmental decision-making subject to the provisions of this Articleimpact assessment. In particular the time-frames for consulting the public concerned on the environmental report referred to in Article 5(1) shall not be shorter than 30 days.
Amendment 345 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2011/92/EU
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 353 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be taken into consideration in the development consent procedure. To this end, the decision to grant development consent shall containinclude the following information:
Amendment 354 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
(a) the environmental assessment of the competent authority referred to in Article 3 and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects;
Amendment 358 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the main reasons for choosing the project as adopted, in the light of the other alternatives considered, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario)giving consent to the project;
Amendment 365 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
Amendment 366 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point d –subparagraph 1
Article 8 – paragraph 1 – point d –subparagraph 1
(d) a statement summarising how environmental considerations have been integrated into the development consent and how the environmental report and the results of the consultations and the information gathered pursuant to Articles 5, 6 and 7 have been incorporated or otherwise addressed.
Amendment 367 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 1 – point d – subparagraph 2
Article 8 – paragraph 1 – point d – subparagraph 2
Amendment 371 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
1. IfBased on the consultations and the information gathered pursuant to Articles 5, 6 and 7 conclude that a project will have significant adverse environmental effects, the competent authority, as early as possible and in close cooperation with the authorities referred to in Article 6 (1) and the developer, the competent authority or authorities shall consider whether the environmental report referred to in Article 5(1) should be revised and the projecrequest for development consent modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed.
Amendment 375 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The detailed arrangements for this revision shall be determined by the Member States.
Amendment 379 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
If the competent authority decides to grant development consent, it shall ensure thatconsider whether the development consent should includes measures to monitor the significant adverse environmental effects, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeablen adverse effects.
Amendment 390 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 2 – subparagraph 4
Article 8 – paragraph 2 – subparagraph 4
Existing monitoring arrangements including those resulting from other Union legislation or national legislation may be used if appropriate.
Amendment 392 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 407 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2011/92/EU
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 411 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. When a decision to grant or refuse development consent has been taken, the competent authority or authorities shall inform the public and the authorities referred to in Article 6(1) thereof, in accordance with the appropriatenational procedures, and shall make the decision available to the public the followingand to the authorities referred to in Article 6 (1) in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information:.
Amendment 414 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 415 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 418 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Amendment 419 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 9 – point a
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 423 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 9 – point b
Article 1 – point 9 – point b
Directive 2011/92/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 428 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – introductory part
Article 12 – paragraph 2 – introductory part
In particular, every six years from the date specified in Article 2(1) of Directive XXX [OPOCE please introduce the n° of this Directive] Member States shall inform the Commission of:Member States shall inform the Commission of any criteria and/or thresholds adopted for the selection of the projects in question, in accordance with Article 4(2).
Amendment 429 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
Amendment 430 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
Amendment 431 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 432 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 433 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
Amendment 434 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2011/92/EU
Article 12 – paragraph 2 – point f
Article 12 – paragraph 2 – point f
Amendment 440 #
2012/0297(COD)
Proposal for a directive
Article 1 – point 11
Article 1 – point 11
Directive 2011/92/EU
Articles 12a and 12b
Articles 12a and 12b
Amendment 443 #
2012/0297(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [DATE] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a document explaining the relationship between them and this Directive.
Amendment 444 #
2012/0297(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 453 #
2012/0297(COD)
Proposal for a directive
Article 3
Article 3
Amendment 477 #
2012/0297(COD)
Proposal for a directive
Annex – point -1 (new)
Annex – point -1 (new)
Directive 2011/92/EU
Annex II – paragraph 13 – point b a (new)
Annex II – paragraph 13 – point b a (new)
(-1) In paragraph 13 of Annex II, the following point shall be added: "(ba) Any demolition of projects listed in annex I or this annex, which may have significant adverse effects on the environment."
Amendment 493 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point b
Annex III – paragraph 1 – point b
(b) cumulation with other projects and activitiesfor which a permit has been issued, and to the extent situated in the geographical area likely to be affected and not yet constructed or operational and without being obliged to take other information than existing information or publicly available information about these projects into account;
Amendment 496 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point c
Annex III – paragraph 1 – point c
(c) the use of natural resources, in particular land, soil, water, and biodiversity, including hydromorphological changes;
Amendment 499 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point e
Annex III – paragraph 1 – point e
(e) pollution and nuisances (the emission of pollutants, noise, vibration, light, heat and radiation);
Amendment 502 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point f
Annex III – paragraph 1 – point f
(f) the natural and man-made disaster risks and risk of accidents, with particular regard to, where relevant, hydromorphological changes, substances, or technologies or living organisms used, to specific surface and subsurface conditions or alternative use, and to the probability of accidents or disasters and the vulnerability of the project to these risks;
Amendment 515 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 1 – point h
Annex III – paragraph 1 – point h
(h) impacts of the project on the environment, in particular on land (increase of settlement areas over time – land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air (emissions of air pollutants and air quality ) and biodiversity (population quality and quantity and ecosystem degradation and fragmentation);
Amendment 524 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point iii a (new)
Annex III – paragraph 2 – point c – point iii a (new)
(iiia) areas with potential significant flood risk;
Amendment 525 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point iv
Annex III – paragraph 2 – point c – point iv
(iv) nature reserves and parks, permanent pastures, agriculture areas with a high nature value;
Amendment 527 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point v
Annex III – paragraph 2 – point c – point v
(v) areas classified or protected under Member States' legislation; Natura 2000 areas designated by Member States pursuant to Directive 2009/147/EEC of the European Parliament or of the Council and Council Directive 92/43/EEC; areas protected by international conventions provided that Member States have ratified those conventions;
Amendment 529 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 2 – point c – point vi
Annex III – paragraph 2 – point c – point vi
(vi) areas in which there has already beenis a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or is likely to be such a failure as far as no overall environmental benefit is achieved;
Amendment 537 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point h
Annex III – paragraph 3 – point h
(h) the cumulation of impacts with the impacts of other projects (in particular existing and/or approved) by the same or different developersfor which a permit has been issued and to the extent situated in the geographical area likely to be affected and not yet constructed or operational and without being obliged to take other information than existing information or publicly available information about these projects into account;
Amendment 540 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex III – paragraph 3 – point k
Annex III – paragraph 3 – point k
(k) the information and findings on environmthe characteristics of the potential effeimpacts obtained from assessments required under other EU legislation.
Amendment 542 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
(l) the possibility of avoiding, preventing or reducing impacts effectively.
Amendment 550 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 1 – point b
Annex IV – paragraph 1 – point b
(b) a description of the main characteristics of the production processes, for instance, technical capacity, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used;
Amendment 551 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 1 – point c a (new)
Annex IV – paragraph 1 – point c a (new)
(ca) the location of the project.
Amendment 557 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 2
Annex IV – paragraph 2
2. A description, of the reasonable alternatives relevant to the proposed project, e.g. the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the alternatives considered, including the identification of the least environmentally impacting one, and an indication of the main reasons for the choice made, taking into account the environmental effects.
Amendment 563 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 3
Annex IV – paragraph 3
3. A description of the relevant aspects of the existing state of the environment and the likely evolution thereof without implementation of the project (baseline scenario). This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources.
Amendment 565 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 4
Annex IV – paragraph 4
4. A description of the aspectfactors of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity and the ecosystem services it provides, land (land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air (emissions and air quality), climatic factors, climate change (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a. This description should includecover the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.
Amendment 569 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – introductory part
Annex IV – paragraph 5 – subparagraph 1 – introductory part
5. A description and assessment of the likely significant effects of the proposed project on the environment resulting from, inter alia:
Amendment 572 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point b
Annex IV – paragraph 5 – subparagraph 1 – point b
(b) the use of natural resources, in particular land, soil, water, biodiversity and the ecosystem services it providesfauna, flora, biodiversity, considering as far possible the availability of these resources also in the light of changing climatic conditions;
Amendment 574 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point d
Annex IV – paragraph 5 – subparagraph 1 – point d
(d) the risks to human health, cultural heritage or the environment (e.g. due to accidents or disasters);
Amendment 577 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
(e) the cumulation of effeimpacts with other projects and activitiesthe impacts of other projects for which a permit has been issued and to the extent situated in the geographical area likely to be affected and not yet constructed or operational and without being obliged to take other information than existing information or publicly available information about these projects into account;
Amendment 580 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 5 – subparagraph 1 – point h
Annex IV – paragraph 5 – subparagraph 1 – point h
(h) hydromorphological changes, where relevant.
Amendment 584 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 6
Annex IV – paragraph 6
6. The description of the forecasting methods used to assess the effects on the environment referred to in point 5, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative.
Amendment 586 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 7
Annex IV – paragraph 7
7. A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment referred to in point 5 and, where appropriate, of any proposed monitoring arrangements, including the preparation of a post-project analysis of the adverse effects on the environment. This description should explain the extent to which significant adverse effects are reduced or offset and should cover both the construction and operational phases.
Amendment 589 #
2012/0297(COD)
Proposal for a directive
Annex – point 2
Annex – point 2
Directive 2011/92/EU
Annex IV – paragraph 8
Annex IV – paragraph 8
Amendment 306 #
2012/0242(CNS)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to carry out its tasks effectively, the ECB should be able to require all necessary information, and to conduct investigations and on-site inspections. These powers should apply to supervised entities, persons involved in the activities of those entities and related third parties, third parties to whom those entities have outsourced operational functions or activities and persons otherwise closely and substantially related or connected to the activities of those entities, including the staff of a supervised entity who are not directly involved in its activities but who, due to their function within the entity, may hold important information on a specific matter and firms which have provided services to those entities. The ECB should be able to require information by simple request under which the addressee is not obliged to provide the information but, in the event that it does so voluntarily, the information provided should not be incorrect or misleading and should be made available without delay. The ECB should also be able to require information by decision. The ECB and the national supervisory authorities will have access to the same information without credit institutions being subject to double reporting requirements.
Amendment 540 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – title
Article 5 – title
Amendment 559 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. National competent authorities shall assist the ECB on its request, being an integral part of the SSM, shall assist the ECB to the extent possible with the preparation and implementation of any acts relating to the tasks referred to in Article 4. National competent authorities shall inform the ECB fully and in a timely manner about the activities carried out to assist the ECB.
Amendment 565 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. National competent authorities shall in particular be responsible for assisting the ECB, in accordance with paragraph 2, for credit institutions: (a) which have not received or requested public financial assistance; (b) which are not among the most significant credit institutions, financial holding companies and mixed financial holding companies of European systemic importance at the highest level of consolidation, based on: (i) their size as reflected in, the sum of exposure values of all assets and off- balance sheet liabilities not deducted when determining the common equity tier 1 capital for regulatory purposes; (ii) the systemic risk for the domestic economy concerned, expressed as the percentage of assets of a bank divided by GDP of its home country; and (iii) their cross-border activity as reflected in cross-jurisdictional claims such as deposits and other assets in respect of customers or other financial operators located in another country and cross- jurisdictional liabilities such as loans and notes in respect of customers or other financial operators located in another country, and which together cover at least half of the banking sector in the euro area as a whole and in each Member State. National competent authorities shall submit to the ECB the necessary draft supervisory decisions to be addressed by the ECB to credit institutions which fall in one of the categories referred to in the first subparagraph.
Amendment 573 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The ECB shall organisclearly define the pfractical modalities of implementation of paragraph 2 by the national supervisory authorities in discharging its tasks. It shall clearly define the framework and conditions under which national competent authorities shall carry out those activitiemework and conditions under which national competent authorities shall carry out the activities referred to in this Article in a differentiated manner taking into account the specific types and risk profiles of the supervised credit institutions.
Amendment 578 #
2012/0242(CNS)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Within the SSM, both the ECB and the national supervisory authorities are subject to a duty of cooperation in good faith and an obligation to exchange information.
Amendment 734 #
2012/0242(CNS)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. TAs regards credit institutions that fall within the scope of Articles 4(1a) and 5a(3), the provisions set out in Union acts in relation to the cooperation between competent authorities from different Member States for conducting supervision on a consolidated basis shall not apply to the extent that the competent authorities involved are competent authorities of participating Member States.
Amendment 782 #
2012/0242(CNS)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17a Due process and decision making procedure for adopting supervisory decisions 1. Before taking supervisory decisions in accordance with Article 4 and Section 2, the ECB shall give the persons which are the subject of the proceedings the opportunity of being heard. This shall not apply if urgent action is needed in order to prevent significant damage to the financial system. In such a case, the ECB may adopt an interim decision and shall give the persons concerned the opportunity to be heard as soon as possible after having taken its decision. 2. Where applicable, the rights of defence of the persons concerned shall be fully respected in the proceedings. They shall be entitled to have access to the ECB's file, subject to the legitimate interest of other persons in the protection of their business secrets. The right of access to the file shall not extend to confidential information. 3. The decisions of the ECB shall state the reasons on which they are based.
Amendment 801 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The planning and execupreparation of the tasks conferred upon the ECB, shall be undertaken by an internal body composed of four representatives of the ECB appointed by the Executive Board of the ECB and one representative of the national authority competent for the supervision of credit institutions in each participating Member State (hereinafter ‘supervisory board’).
Amendment 821 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. In addition, the supervisory board shall include a Chair elected by the members of the Governing Council from the members, with the exception of the President, of the Executive Board, and a Vice-Chairman or Chairwoman, appointed by the Council after an open selection procedure on the basis of merit, skills and thorough knowledge of financial institutions and financial supervision and after approval by the European Parliament. The Vice-Chair of the supervisory board shall be elected by and from the members of the Governing Council of the ECB.
Amendment 836 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Governing Council of the ECB may delegate clearly defined supervisory tasks and related decisions regarding individual or a set of identifiable credit institutions, finasupervisory board will carry out full preparatory works regarding the supervisory tasks conferred upon the ECB and propose to the Governing Councial holding companies or mixed financial holding companies to the supervisory board, subject to the oversight and responsibility of the Governing Councilof the ECB complete draft decisions to be adopted by the latter, pursuant to a procedure to be established in the ECB's rules of procedure. A draft decision will be deemed adopted unless the Governing Council objects within a given deadline.
Amendment 862 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. The Governing Council shall adopt the rules of procedure of the supervisory board including rules on the term of office of the Chair and the Vice-Chair. The term of office of the Chair shall be five years and shall be renewable once. The term of office of the Vice-Chair shall not exceed five years and shall be not be renewable.
Amendment 101 #
2012/0169(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Investment product manufacturers – such as fund managers, insurance undertakings, issuers of securities, credit institutions or investment firms – should draw up the key information document for the investment products they manufacture, as they are in the best position to know the product and are responsible for it. The document should be drawn up by the investment product manufacturer before the products can be sold to retail investors. However, where a product is not sold to retail investors, there is no necessity to draw up a key information document, and where it is impractical for the investment product manufacturer to draw up the key information document, this may be delegated to others. If the drawing-up of this document is delegated wholly or partially to third parties, the product manufacturer should continue to bear general responsibility for the drawing-up and content of this key information document. The product manufacturer should supply this key information document to dealers in the investment product. In order to ensure widespread dissemination and availability of key information documents, this Regulation should allow for publication by the investment product manufacturer by means of a website of their choice.
Amendment 239 #
2012/0169(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this Regulation for each investment product it produces and shall publish the document on a website of its choice before the investment product can be sold to retail investors. The investment product manufacturer shall at all times be responsible for the content of this key information document.
Amendment 286 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The key information document shall state the name of the product manufacturer responsible for drawing up the key information document, and shall contain an explicit statement that only this person or entity is responsible for the content of this document.
Amendment 325 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b – point iv
Article 8 – paragraph 2 – point b – point iv
Amendment 341 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) under the heading ‘Am I protected by insurance?’, an indication as to whether or not the investment product comprises insurance and information about such insurance cover;
Amendment 520 #
2012/0169(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A person selling an investment product to retail investors shall provide them with the key information document drawn up by the investment product manufacturer in good time before the conclusion of a transaction relating to the investment product.
Amendment 389 #
2012/0150(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that each institution that is not part of a group over which supervision on a consolidated basis is exercised pursuant to Articles 125 and 126 of Directive 2006/48/EC draws up and maintains a recovery plan providing, through measures taken by the management of the institution or by a group entity, for the restoration of its financial situation following significant deterioration. Recovery plans shall be considered as a governance arrangement within the meaning of Article 22 of Directive 2006/48/EC.
Amendment 428 #
2012/0150(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The competent authorities – in the case of significant branches, in consultation with the competent authority of the host Member State – shall review those plans and assess the extent to which each plan satisfies the requirements set out in Article 5 and the following criteria:
Amendment 441 #
2012/0150(COD)
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. If the institution fails to submit a revised recovery plan, or if the competent authority determines that the revised recovery plan does not adequately remedy the deficiencies or potential impediments identified in its original assessment, the competent authorities shall require the institution to take any measure it considers necessary and proportionate to ensure that the deficiencies or impediments are removed. In addition to the measures that may be required in accordance with Article 136 of Directive 2006/48/EC, t, taking due account of the impact of the required measures on the soundness and stability of current business. The competent authorities may, in particular, require the institution to take the actions to:referred to in Article 136 of Directive 2006/48/EC.
Amendment 442 #
2012/0150(COD)
Proposal for a directive
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
Amendment 444 #
2012/0150(COD)
Proposal for a directive
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
Amendment 445 #
2012/0150(COD)
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
Amendment 448 #
2012/0150(COD)
Proposal for a directive
Article 6 – paragraph 4 – point d
Article 6 – paragraph 4 – point d
Amendment 450 #
2012/0150(COD)
Proposal for a directive
Article 6 – paragraph 4 – point e
Article 6 – paragraph 4 – point e
Amendment 461 #
2012/0150(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that parent undertakings or institutions that are subject to consolidated supervision pursuant to Articles 125 and 126 of Directive 2006/48/EC draw up and submit to the consolidating supervisor a group recovery plan that includes a recovery plan for the whole group, including for the companies referred to in points (c) and (d) of Article 1, as well as a recovery plan for each institutions that isare part of the group if this is necessary in order for the plan to be operational or for the financial stability of the host Member State.
Amendment 471 #
2012/0150(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The consolidating supervisor shall transmit the group recovery plans to the relevant competent authorities referred to in Article 131a of Directive 2006/48/EC, to the competent authorities of the host Member State in the case of significant branches and to EBA.
Amendment 484 #
2012/0150(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The group recovery plan shall include for the whole group and for each of its relevant entities the elements and arrangements provided in Article 5. It shall also include, where applicable, arrangements for possible intra-group financial support adopted in accordance with any agreement for group financial support that has been concluded in accordance with Article 16.
Amendment 634 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that when, pursuant to an assessment of resolvability carried out in accordance with Article 13, a resolution authority determines that there are potential substantive impediments to the resolvability of an institution, the resolution authority shall notify in writing that determination to the institution.
Amendment 637 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Within four months of the date of receipt of a notification made in accordance with paragraph 1, the institution shall propose to the resolution authority measures to address or remove the substantive impediments identified in the notification. The resolution authority, in consultation with the competent authorities, shall assess whether those measures effectively address or remove the substantive impediments in question.
Amendment 647 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
Amendment 652 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 4 – point d
Article 14 – paragraph 4 – point d
Amendment 655 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 4 – point e
Article 14 – paragraph 4 – point e
Amendment 657 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 4 – point f
Article 14 – paragraph 4 – point f
Amendment 659 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 4 – point g
Article 14 – paragraph 4 – point g
Amendment 663 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 4 – point h
Article 14 – paragraph 4 – point h
Amendment 668 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 4 – point i
Article 14 – paragraph 4 – point i
Amendment 684 #
2012/0150(COD)
Proposal for a directive
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7a. Member States shall ensure that institutions affected by measures taken by a resolution authority pursuant to this article have adequate opportunities for appealing against, and seeking review of, this decision.
Amendment 699 #
2012/0150(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The group level resolution authority, in cooperation with the consolidating supervisor and EBA in accordance with Article 25(1) of Regulation (EU) No 1093/2010, shall prepare and submit a report to the parent undertakings or institution subject to consolidated supervision and to the resolution authorities of the subsidiaries. The report shall be prepared in consultation with the competent authorities, and shall analyse the substantive impediments to the effective application of the resolution tools and the exercising of the resolution powers in relation to the group. The report shall also recommend anyconsider the impact on the institution’s business model and recommend any proportionate and targeted measures that, in the authorities' view, are necessary or appropriate to remove those impediments.
Amendment 1057 #
2012/0150(COD)
Proposal for a directive
Article 37 – paragraph 2 – introductory part
Article 37 – paragraph 2 – introductory part
2. Member States shall ensure that resolution authorities may apply the bail-in tool for either of the following purposes:in order to comply with the resolution objectives specified in Article 26.
Amendment 1059 #
2012/0150(COD)
Proposal for a directive
Article 37 – paragraph 2 – point a
Article 37 – paragraph 2 – point a
Amendment 1061 #
2012/0150(COD)
Proposal for a directive
Article 37 – paragraph 2 – point b
Article 37 – paragraph 2 – point b
Amendment 1064 #
2012/0150(COD)
Proposal for a directive
Article 37 – paragraph 3 – subparagraph 1
Article 37 – paragraph 3 – subparagraph 1
Member States shall ensure that resolution authorities may apply the bail-in tool for the purpose referred to in point (a) of paragraph 2 only if there is a realistic prospect that the application of that tool, in conjunction with measures implemented in accordance with the business reorganisation plan required by Article 47 will, in addition to achieving relevant resolution objectives, restore the institution in question to financial soundness and long-term viabilityonly to achieve the resolution objectives specified in Article 26.
Amendment 1157 #
2012/0150(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall ensure that the institutions, in the light of their risk exposure, maintain, at all times, a sufficient aggregate amount of own funds and eligible liabilities expressed as a percentage of the total liabilities of the institution that do not qualify as own funds under Section 1 of Chapter 2 of Title V of Directive 2006/48/EC or under Chapter IV of Directive 2006/49/EC. The EBA shall draft technical regulatory standards which specify the assessment criteria on the basis of which, for each institution, a sufficient aggregate amount of own funds and eligible liabilities that do not qualify as own funds under Section 1 of Chapter 2 of Title V of Directive 2006/48/EC or under Chapter IV of Directive 2006/49/EC must be determined. The EBA shall submit those draft regulatory technical standards to the Commission within twelve months from the entry into force of this Directive.
Amendment 1169 #
2012/0150(COD)
Proposal for a directive
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. The minimum aggregate amount pursuant to paragraph 1 shall be determined on the basis of the following criteria:
Amendment 1186 #
2012/0150(COD)
Proposal for a directive
Article 39 – paragraph 6
Article 39 – paragraph 6
6. Resolution authorities shall inform EBA of the minimumaggregate amount they have determined for each institution under their jurisdiction. EBA shall report to the Commission by 1 January 2018 at the latest on the implementation of the requirement under paragraph 1. In particular EBA shall report to the Commission whether there are divergences regarding the implementation at national level of that requirement.
Amendment 1197 #
2012/0150(COD)
Proposal for a directive
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The Commission shall, by means of delegated acts in accordance with Article 103, adopt measures to specify the criteria provided for in points (a) to (e) of paragraph 3 with possible references to different categories of institutions and related ranges of percentages.
Amendment 165 #
2012/0029(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to avoid settlementminimise risks due to the insolvency of the settlement agent, a CSD participant should settle, whenever practical and available, the cash leg of theits securities transactions through accounts opened with a central bank. If this option is not practical and available, a CSD should be able for the CSD participant, a CSD may offer to settle through commercial bank accounts opened with a credit institution established under the conditions provided in Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions and subject to a specific authorisation procedure and prudential requirements provided in Title IV of this Regulation. The latter, when acting as settlement agent, should be ableis only allowed to provide to the CSD's participants the services set out in this Regulation, which are covered by the authorisation, and may otherwise provide other services not covered by this Regulation.
Amendment 171 #
2012/0029(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Considering that Directive 2006/48/EC does not address specifically intraday credit and liquidity risks resulting from the provision of banking services ancillary to settlement, credit institutions providing such services should also be subject to specific enhanced credit and liquidity risk mitigation requirements that should apply to each securities settlement system in respect of which they act as settlement agents. In order to ensure full compliance with specific measures aimed at mitigating credit and liquidity risks, the competent authorities should be able to require CSDs to designate more than one credit institution whenever they can demonstrate, based on the available evidence, that the exposures of one credit institution to the concentration of credit and liquidity risks is not fully mitigateda CSD authorised as credit institution, or a designated credit institution providing such services should also be subject to specific enhanced credit and liquidity risk mitigation requirements.
Amendment 174 #
2012/0029(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The requirement that the settlement ofA CSD that intends to settle the cash leg of the securities transaction be carried out by a separate legal entity acting as settlement agent is an important measure to incres in commercial bank cash accounts hase the safety and resilience of CSDs. Such a separation between core services of CSDs and banking services ancillary to settlement appears indeed indispensible for eliminating any danger of transmission of the risks from the banking services, such as credit and liquidity risks, to the provision of core services of CSDs. There are no less intrusive measures available for eliminating those credit and liquidity risks in order to ensure the envisaged level of safety and resilience of CSDs. However, in order to secure the efficiencies resulting from the provision of both CSD and banking services within the same group of undertakings, the requirement that banking services be carried out by a separate credit institution should not prevent that credit institution from belonging to the same group of undertakings as the CSD. If both CSD option to either designate a separate credit institution as settlement agent, or to act as settlement agent itself. The settlement agent should be authorised as a credit institution and follow all relevandt banking services are provided within the same group of undertakings, in order to increase the safety and efficiency of the services provided, the activities of the credit institution providing banking services should be limited to the provision of banking services ancillary to settlement. Furthermore, a derogation to the obligation to separatlaws and regulations. To ensure that the related credit and liquidity risk are limited, the settlement agent is only authorised to perform those banking services that support the provision of CSD core banking services ancillary to settlement from core CSD services should be available in d ancillary services. The settlement agent should also comply withe absence of any danger of transmission of credit and liquidity risks from the banking services to the provision ofdditional rules on management of its credit and liquidity risk (that corme services of CSDs. In order to ensure a consistent application of the possibility to derogate from the obligation on CSDs not to provide any banking type of ancillary services, the Commission should be empowered to decide, at the request of a national competent authority, whether any such derogationon top of the regular banking laws and rules). As market infrastructure, the CSD shall establish recovery plans that ensure continuity of its permitted in view of the absence of systemic risk incurred by the provision of both CSD core and banking services by the same legal entity. In any case, the activities of a CSD benefiting from any such derogation and authorised as a credit institution should be limited exclusively to the provision of banking services ancillary to settlementcritical operations including its banking services. It should also provide more transparency on its intraday credit and liquidity risk.
Amendment 332 #
2012/0029(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. An authorised CSD shall notonly be exposed to any risks related to the provision of banking type of ancillary services by the credit institution designated to provide such services in accordance with Title IV.
Amendment 335 #
2012/0029(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. An authorised CSD may only have a participation in a legal person whose activities are limited to the provision of services set out in Sections A, B and BC of the Annex, unless the competent authority is satisfied that such participation does not put the continuity of the CSD's operations at risk.
Amendment 525 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. A CSD shall not provide itself any banking type of ancillary services set out in Section C of the Annexthat intends to settle the cash leg of all or part of its securities settlement system in accordance with Article 37(2) of this Regulation shall either : (i) designate for this purpose an authorised credit institution as provided in Title II of Directive 2006/48/EC in accordance with paragraphs 3 to 5a, or (ii) undertake directly those banking services in accordance with paragraphs 2a to 5a.
Amendment 535 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 551 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 2 a (new)
Article 52 – paragraph 2 a (new)
2 a. A CSD shall be able to obtain authorisation to undertake limited banking services. It should therefore – in addition to its authorisation as CSD: (i) be authorised as a credit institution as provided in Title II of Directive 2006/48/EC. It shall comply with all laws and regulations applicable to credit institutions; (ii) have in place adequate recovery plans aiming at continuity of its critical operations including the activity authorised under its banking licence; (iii) publicly report in its annual Pillar 3 disclosure, as required under Directive 2006/48/EC, an overview of its intraday credit and liquidity risks and how these risks are managed.
Amendment 560 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. A CSD which has not requested or obtained an authorisation in accordance with paragraph 2a and that intends to settle the cash leg of all or part of its securities settlement system in accordance with Article 37(2) of this Regulation shall obtain authorisation to designate for this purpose an authorised credit institution as provided in Title II of Directive 2006/48/EC, unless the competent authority referred to in Article 53(1) of this Regulation demonstrates, based on the available evidence, that the exposure of one credit institution to the concentration of risks under Article 57(3) and (4) of this Regulation is not sufficiently mitigated. In the latter case, the competent authority referred to in Article 53(1) may require the CSD to designate more than one credit institution. The designated credit institutions shall be considered as settlement agents. The designated credit institution is subject to the requirements in paragraphs 5 and 5a.
Amendment 565 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
Amendment 577 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. Whenever the CSD and the designated credit institution belong to a group of undertakings ultimately controlled by the same parent undertaking, the authorisation as provided in Title II of Directive 2006/48/EC of such designated credit institution shall be limited exclusively to the provision of the banking type of ancillary services that it is authorised to provide in accordance with paragraph 3 of this Article. The same requirement applies in respect of a CSD that has been granted a derogation under paragraph 2 of this ArticleThe authorisation granted in accordance with Title II of Directive 2006/48/EC of a CSD authorised according to paragraph 2a or of a credit institution designated in accordance with paragraph 3 shall be limited exclusively to the provision of the banking type of ancillary services supporting core and ancillary CSD services as included in Sections A and B of the Annex. Therefore, for purposes of the previous paragraph, the activities listed in Annex 1 of Directive 2006/48/EC, Sections 1, 2, 4, 6, 7 (b) and 7(e), may only be performed within the limits set out under Section C of the Annex. The activities listed in Annex 1 of Directive 2006/48/EC in Sections 3, 5, 7 (except (b) and (e)), 9, 10, 11, 13 and 15 may not be performed unless indicated in Section C of the Annex.
Amendment 584 #
2012/0029(COD)
Proposal for a regulation
Article 52 – paragraph 5 a (new)
Article 52 – paragraph 5 a (new)
5 a. Any CSD that has been authorised as a credit institution according to paragraph 2a and any credit institution designated in accordance with paragraph 3 shall be subject to the fulfilment of the prudential and supervision requirements provided in Articles 42, 57 and, in case of a credit institution, 58.
Amendment 597 #
2012/0029(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. A CSD that intends to extend the banking type of ancillary services which it provides or for which it designates a credit institution shall submit a request for extension to the competent authority of the Member State where that CSD is established.
Amendment 611 #
2012/0029(COD)
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. A CSD authorised as a credit institution or a credit institution designated to provide banking type of ancillary services shall provide the services set out in Section C of the Annex that are covered by the authorisationbe limited in its banking functions in accordance with Article 52.
Amendment 617 #
2012/0029(COD)
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. A CSD authorised as a credit institution or a credit institution designated to provide banking type of ancillary services shall comply with any present or future legislation applicable to credit institutions.
Amendment 621 #
2012/0029(COD)
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. A CSD authorised as a credit institution or a credit institution designated to provide banking type of ancillary services shall comply with the following specific prudential requirements for the credit risks related to these services in respect of each securities settlement system:
Amendment 626 #
2012/0029(COD)
Proposal for a regulation
Article 57 – paragraph 4 – introductory part
Article 57 – paragraph 4 – introductory part
4. A CSD authorised as a credit institution or a credit institution designated to provide banking type of ancillary services shall comply with the following specific prudential requirements for the liquidity risks related to these services in respect of each securities settlement system:
Amendment 664 #
2012/0029(COD)
Proposal for a regulation
Annex 1 – section C – title
Annex 1 – section C – title
Amendment 666 #
2012/0029(COD)
Proposal for a regulation
Annex 1 – section C – point 1
Annex 1 – section C – point 1
Amendment 667 #
2012/0029(COD)
Proposal for a regulation
Annex 1 – section C – point 1
Annex 1 – section C – point 1
1. Banking type of services for the participants to a securities settlement system related to the settlement service, such asThe services involving credit and liquidity risk shall contribute to the CSDs’ role of enhancing safety, efficiency and transparency of securities markets. These services shall be provided only to support the provision of core and ancillary services as included under Sections A and B of this Annex, such as: (a) As defined in point 1 of the Annex I of the Directive replacing Directives 2006/48 and 2006/49, Acceptance of deposits and other repayable funds, - Acceptance of cash deposits from participants; (b) As defined in point 2 of the Annex I of the Directive replacing Directives 2006/48 and 2006/49, lending including, inter alia: consumer credit, credit agreements relating to immovable property, factoring, with or without recourse, financing of commercial transactions (including forfeiting), - Cash lending for intended reimbursement no later than the following business day; - Lending of securities; (c) As defined in point 4 of the Annex I of the Directive replacing Directives 2006/48 and 2006/49, payment services as defined in Article 4 (a3) Providof Directive 2007/64/EC, - Processing of cash accounts; transactions, including the cash leg of DVP settlements; - Processing of foreign exchange instructions from participants; (bd) Accepting cash deposits; (c) Providing cash credit; (d) Lending securitis defined in point 6 of the Annex I of the Directive replacing Directives 2006/48 and 2006/49, guarantees and commitments, - In particular related to the securities lending and borrowing services provided by the CSD (as per Section B paragraph 1 point (a) of this Annex); (e) As defined in point 7 of the Annex I of the Directive replacing Directives 2006/48 and 2006/49, trading for own account or for account of customers, - Treasury activities basically related to the management of the participants’ long balances.
Amendment 679 #
2012/0029(COD)
Proposal for a regulation
Annex 1 – section C – point 2
Annex 1 – section C – point 2
Amendment 64 #
2011/2274(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the new focus on fiscal decentralisation in the 2012 Report on Public Finances in EMU and suggests that a chapter on local and regional public finances be always included in future releases;
Amendment 107 #
2011/2274(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the role of local and regional public authorities in supporting public and private investments; stresses the importance of growth-oriented investments for a swift economic recovery;
Amendment 108 #
2011/2274(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Member States to clarify the responsibility and role of different levels of government (regional and local) in maintaining sound and sustainable public finance framework, in particular taking into account the impact of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union on local and regional fiscal autonomy;
Amendment 122 #
2011/2274(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Encourages meetings between regional parliaments with legislative powers, national parliaments and the European Parliament at key moments of the European Semester to discuss the economic orientations presented in the Annual Growth Survey and the country- specific recommendations;
Amendment 2 #
2011/2181(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission's green paper on the EU corporate governance framework; believes that, given the diverse nature of existing national frameworks and individual listed companies, a proportional and flexible approach to corporate governance must be applied;, but also calls for the fact that the excessive bureaucratic burden need to be avoided.
Amendment 13 #
2011/2181(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that a ‘comply or explain’ approach is the most appropriate framework to apply to EU listed companies, providing a firm regulatory framework in whiRecognises that the financial crisis revealed a lack of effectiveness of existing corporate governance principles based on a 'comply or explain' approach; companies are accountable to the shareholders that provide their capital and are also required by law to report on their corporate governance practicencludes that a core of practicable and legally binding provisions are needed and must be complemented by soft regulation such as codes of best practices as well as reinforced supervision at national and EU level;
Amendment 18 #
2011/2181(INI)
Draft opinion
Paragraph 2 – point 1 (new)
Paragraph 2 – point 1 (new)
(1) Emphasizes that the Green Book only deals with the enterprises listed on stock, although it would be practical to also involve the OTC enterprises and the SMEs under a differentiated approach into the subject of the regulation of the corporate governance framework for European companies, as they have enormous economical potential and they serve as driving force of the European economies;
Amendment 25 #
2011/2181(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that existing codes should be strengthened and that more effective monitoring of codes and better quality of explanations are required; stresses that shareholders (not only the majority but also the minority ones) must remain central to the governance of companies and their role must be enhanced, not diminished; believes that shareholders should inform regulators when a company provides an unacceptable explanation for departing from a code of practice;
Amendment 29 #
2011/2181(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to put in place definite initiatives to ensure better representation of women on boards of directors; emphasises that corporate management and remuneration policies must comply with and foster the principle of equal treatment of women and men established by EU directives;
Amendment 31 #
2011/2181(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that a well-governed company should be transparent and accountable to its shareholders and other stakeholders; reaffirms that directors of corporates have to take account of the sustainability, long- term interests when taking decisions, in order to minimise risks;
Amendment 35 #
2011/2181(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that there is a lack of long-term focus within the market and urges the Commission to review all relevant legislation to assess whether any requirements have inadvertently added to short-termism; in particular calls on the Commission to abandon the requirement for quarterly reporting in the Transparency Directive, which adds little to shareholder knowledge and simply creates short-term trading opportunities., calls on the Commission to bring forward legislative proposals in the field of company law to help address corporate governance issues and ensure consistency in remuneration policy for all types of companies;
Amendment 2 #
2011/2087(INI)
Draft opinion
Citation 1
Citation 1
– whereas sport, in addition to being a socio-cultural phenomenon, is a dynamic economic sector capable of generating significant revenues and could contribute to the Europe 2020 strategy,
Amendment 3 #
2011/2087(INI)
Draft opinion
Citation 2
Citation 2
– whereas sport does not behave like a typical economic activity because of its specific characteristics and its organisational structures underpinned by federations, which do not operate as commercial companies, and whereas a distinction must be made between sporting and commercial interests,
Amendment 18 #
2011/2087(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the EU is, in accordance with Article 165 TFEU, committed to promoting the equity and protecting the integrity of sport; considers therefore that the EU should introduce European-level structural cooperation in order to coordinate the fight against fraud and corruption in sport;
Amendment 20 #
2011/2087(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Supports any form of self-regulation in the sport sectors aimed at reinforcing accountability, transparency and financial stability; considers it essential, for the credibility of this kind of regulation, that an effective system of scrutiny and a balanced mix of sanctions and incentives be implemented; calls on the Commission to examine the possibility of a legislative instrument, on the basis of Article 114 TFEU, aimed at ensuring the existence of harmonised rules of sound financial management for European professional sports clubs;
Amendment 12 #
2011/2071(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the debt crisis and the increasing disparities in competitiveness since the introduction of the euro have highlighted the need for the Union to coordinate economic and fiscal policies more closely and improve budgetary surveillance,
Amendment 17 #
2011/2071(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas experience has shown that excessive debt and deficits in some Member States can have profound negative spill-over effects on other Member States and on the Eurozone as a whole,
Amendment 45 #
2011/2071(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, given the experience it has gained in the area of monetary dialogue, Parliament should help to develop and overseebe given a role in the democratic accountability of economic policies and budgetary surveillance,
Amendment 51 #
2011/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes thatReiterates that Member States should regard their economic and fiscal policies as a matter of common concern and that both the fiscal and the economic pillar of Economic and Monetary Union must therefore be strengthened in the light of the current crisis, and that the European Semester should play a part in this;
Amendment 59 #
2011/2071(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the European Semester is now the annual framework for the implementation and assessment of the Europe 2020 strategyStability and Convergence Programmes to ensure fiscal stability, the National Reform Programmes supporting the Union's strategy for growth and jobs, the broad economic policy guidelines and the employment guidelines; emphasises, however, that it must not replace these instruments, which are enshrined in the Treaty, or diminish their importance; calls on the Commission to clarify and explain how these different instruments fit together;
Amendment 72 #
2011/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the Annual Growth Survey contains two annexes covering the same ground as the employment guidelines and the broad economic policy guidelines; maintains, therefore, that they should be subject to the same parliamentary procedure;
Amendment 94 #
2011/2071(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 114 #
2011/2071(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Intends to organise, prior to the Spring European Council each year, an interparliamentary forum at the European Parliament for members of the national parliamentary committees responsible for the European Semester; proposes that this forum include meetings of the political groups and the relevant committees, along with a plenary sitting affording an opportunity to adopt a joint resolution in preparation for the Spring European Council; instructs its President to represent it at the Spring European Council on the basis of the resolution thus adopted;
Amendment 137 #
2011/2071(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 154 #
2011/2071(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Wishes a debate to be held at Parliament withOffers the opportunity to the heads of state or government of those Member States intexperiendcing to make use of the European Stability Mechanism, before the latter is activatedbalance of payments problems to participate in an exchange of views with the competent committee of the European Parliament;
Amendment 158 #
2011/2071(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Intends to conduct an audit hearing ofn the Union's macroeconomic situation in the autumn, having recourse to a panel made up of various economic institutes, in order to foster debate and obtain a second opinion on economic issues in preparation for its discussions with the Commission prior to the drafting of the Annual Growth Survey;
Amendment 56 #
2011/0386(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The amendments to the Stability and Growth Pact increase both the guidance, and, for the Member States whose currency is the euro, incentives for the setting and the implementation of a prudent budgetary policy, in particular through reinforced and more automatic sanctions, while avoiding excessive government deficits. These provisions have created a more robust framework at the level of the Union for the surveillance of national economic and budgetary policies.
Amendment 57 #
2011/0386(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The revised Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and employment.
Amendment 60 #
2011/0386(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Treaty allows the adoption of specific measures in the euro area which go beyond the provisions applicable to all Member States in order to ensure the proper functioning of the Eeconomic and Mmonetary Unionunion and avoid policies in the Member States that jeopardise that functioning.
Amendment 62 #
2011/0386(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Member States should refrain from adopting any measure which could jeopardise the attainment of the Union's objectives in the framework of the economic and monetary union, in particular the practice of accumulating debts outside the general government accounts.
Amendment 64 #
2011/0386(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Strong public finances are best ensured at the planning stage and gross errors should be identified as early as possible. Member States should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary policies. With a view to better coordinating the planning of their national debt issuance Member States need to report ex-ante on their public debt issuance plans.
Amendment 72 #
2011/0386(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Setting-up a common budgetary timeline for Member States whose currency is the euro should better synchronize the key steps in the preparation of national budgets, thus contributing to the effectiveness of the European semester for economic and budgetary policy coordination. Adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among Member States whose currency is the euro and ensure that the Council and Commission recommendations are appropriately integrated in the national process for budget adoption.
Amendment 73 #
2011/0386(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The draft central government budgetary plan, which is to be published no later than 15 October should be accompanied by the publication of the main parameters of the draft budgetary plans of all the subsectors of the general government, together with the independent macroeconomic forecasts on which they are based.
Amendment 75 #
2011/0386(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
Amendment 78 #
2011/0386(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There is strong evidence showing the effectiveness of rules-based fiscal frameworks in supporting sound and sustainable fiscal policies. The introduction of national fiscal rules that are consistent with the budgetary objectives set at Union level should be a crucial element to ensure the respect of the Stability and Growth Pact provisions. In particular, Member States should put in place structural balanced budget rules which transpose into national legislation the main principles of the Union fiscal framework. This transposition should be effective through binding rules preferably of a constitutional nature so as to demonstthrough provisions of binding force and permanent character, preferably constitutional, or otherwise guaranteed to be fully respected and adhered to throughout the national budgetary processes. The Member States should put in place at national level an automatic correction mechanism including the nature, the size and the time-fratme of the strongest commitment of national authorities in relation to the Stability and Growth Pactcorrective action to be undertaken, also in the case of exceptional circumstances. That mechanism should fully respect the prerogatives of national parliaments.
Amendment 86 #
2011/0386(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline. Forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts. The Commission should make public minimum requirements for these independent bodies in order to ensure their credible independence.
Amendment 90 #
2011/0386(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This gradually strengthened surveillance will further complement the existing provisions of the Stability and Growth Pact and strengthen the surveillance of budgetary discipline in Member States whose currency is the euro. A gradually enhanced monitoring procedure should ultimately contribute to better budgetary outcomes to the benefit of all Member States whose currency is the euro and to the benefit of the euro area as a whole. As part of a gradually strengthened procedure, a closer monitoring is particularly valuable to Member States that are subject to an excessive deficit procedure.
Amendment 94 #
2011/0386(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) As demonstrated by the sovereign debt crisis, and in particular by the need to put in place common financial backstops, Member States whose currency is the euro share enhanced spill-overs from their budgetary and economic policyies. Each of the Member States whose currency is the euro should consult the Commission and other Member States whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spill-over effects, so as to give the possibility for an assessment of possible impact for the euro area as a whole. They should consider their budgetary plans to be of common concern and submit them to the Commission for monitoring purposes in advance of the plans becoming binding. The Commission should be in a position, if necessary, to adopt as soon as possible and no later than 15 November an opinion on the draft budgetary plan, that the Member State and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption. Such an opinion should ensure that Union's policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations. In particular, this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the European semester in the budgetary area. The Commission should stand ready to present this opinion without delay to the Parliament of the Member State concerned at its request. The extent to which this opinion has been taken into account should be part of the assessment, if and when the conditions are met, leading to the decision to place the concerned Member State in excessive deficit procedure, where no follow-up to the early guidance from the Commission should be considered as an aggravating factor. Also, based on an overall assessment of the plans by the Commission, the Eurogroup and the competent committee of the European Parliament should discuss the budgetary situation and prospects for the euro area.
Amendment 97 #
2011/0386(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In the event of serious non- compliance with the budgetary obligations laid down in the Stability and Growth Pact, the Commission in its opinion on the draft budgetary plan will request, after consultation with the Member State concerned, a revised draft budgetary plan, in accordance with the provisions of this Regulation. This will be the case in particular where the implementation of the initial budgetary plan would put at risk the financial stability of the Member State concerned or risk jeopardising the proper functioning of the economic and monetary union or where the implementation of the initial budgetary plan would entail an obvious significant violation of the recommendations formulated by the Council under the Stability and Growth Pact.
Amendment 100 #
2011/0386(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Member States whose currency is the euro and which are subject to an excessive deficit procedure should be monitored more closely to secure a full and timely correction of the excessive deficit. A closer monitoring should ensure early correction of any deviations from the Council recommendations to correct the excessive deficit. Such monitoring should complement the provisions set out in Regulation (EC) No 1467/97. The modalities of this closer monitoring should be graduated depending on the stage of the procedure the Member State is subject to, as provided for in Article 126 of the Treaty. Member States which are subject to an excessive deficit procedure should present an economic partnership programme including a detailed description of the structural reforms which must be put in place and implemented to ensure an effective and durable correction of their excessive deficits. Where appropriate the social partners will be involved, as it is recognised in the law or national system of each of the Member States.
Amendment 125 #
2011/0386(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘independent macroeconomic forecasts’ means the macroeconomic and/or budgetary forecasts produced by an independent body or a body endowed with functional autonomy vis-à-vis the fiscal authorities of the Member State which complies with minimum requirements as set up by the Commission;
Amendment 135 #
2011/0386(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall make public annually their medium-term fiscal plans in accordance with their medium-term budgetary framework based on independent macroeconomic forecast together with their Stability Programmes, preferably by mid-April and no later than 1530 April.
Amendment 138 #
2011/0386(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Draft budget laws forThe draft central government budgetary plan for the forthcoming year and the main parameters of the draft budgetary plans for all the other subsectors of the general government shall be made public annually no later than 15 October together with the independent macroeconomic forecasts on which they are based.
Amendment 141 #
2011/0386(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. BThe budget laws for the gcenetral government shall be adopted and made public annually no later than 31 December. Member States shall have in place reversionary budget procedures in case that the budget is not adopted by 31 December.
Amendment 148 #
2011/0386(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall have in place numerical fiscal rules on the budget balance that implement in the national budgetary processes their medium-term budgetary objective as defined in Article 2a of Regulation (EC) No 1466/97. Such rules shall cover the general government as a whole and be of binding, preferably constitutional, nature force and permanent character, preferably constitutional, or otherwise guaranteed to be fully respected and complied with throughout the national budgetary processes.
Amendment 150 #
2011/0386(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The budgetary position of the general government shall be balanced or in surplus. The budgetary position of the general government shall be deemed to be respected if the annual structural balance of the general government is at its country-specific medium-term objective as defined in the revised Stability and Growth Pact with a lower limit of a structural deficit of 0,5 % of the gross domestic product at market prices. The Member States shall ensure rapid convergence towards their respective medium-term objective. Where the ratio of government debt to gross domestic product at market prices is significantly below 60 % and where risks in terms of long-term sustainability of public finances are low, the lower limit of the medium- term objective of 0,5% specified above can reach a structural deficit of at most 1,0 % of the gross domestic product at market prices.
Amendment 156 #
2011/0386(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The rules referred to in paragraph 1 shall include a correction mechanism that shall be triggered automatically in the event of significant observed deviations from the medium-term objective or the adjustment path towards it as defined by Article 5(1) of Regulation (EC) No 1466/97. That correction mechanism shall include the obligation to implement measures to correct the deviations over a defined period of time and shall specify in particular the nature, the size and the time-frame of the corrective action to be undertaken, also in the case of exceptional circumstances. The correction mechanism shall fully respect the prerogatives of national parliaments.
Amendment 160 #
2011/0386(COD)
Proposal for a regulation
Article 4 – paragraph 1 c (new)
Article 4 – paragraph 1 c (new)
1c. Exceptional circumstances refer to the case of an unusual event outside the control of the Member State concerned which has a major impact on the financial position of the general government or to periods of severe economic downturn as defined in the revised Stability and Growth Pact, provided that the temporary deviation of the Member State concerned does not endanger fiscal sustainability in the medium term.
Amendment 165 #
2011/0386(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall have in place an independent fiscal council for monitoring the implementation ofboth ex-ante and ex-post the compliance with national fiscal rules as referred to in paragraph 1.
Amendment 167 #
2011/0386(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Commission shall make public minimum-term requirements for the independent bodies or bodies endowed with functional autonomy vis-à-vis the budgetary authorities of the Member States referred to in paragraph 1 in order to ensure their credible independence.
Amendment 170 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall submit annually to the Commission and the Eurogroup a draft budgetary plan for the forthcoming year no later than 15 October. The draft budgetary plan shall appropriately take into account the Union's policy guidance and recommendations.
Amendment 199 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
Amendment 203 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Amendment 206 #
2011/0386(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The Commission shall specifyspecifications of the content of the draft budgetary plan referred to in paragraph 1 shall be set out in a harmonised framework established by the Commission in cooperation with the Member States.
Amendment 213 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall, if necessary, adopt an opinion on the draft budgetary plan by 30as soon as possible and no later than 15 November.
Amendment 216 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Where the Commission identifies serious non-compliance with the budgetary policy obligations laid down in the Stability and Growth Pact, the opinion referred to in paragraph 1 shall be adopted within two weeks from the submission of the draft budgetary plan. In this opinion the Commission shall request a revised draft budgetary plan from the Member State concerned. This request shall be made public. Paragraphs 2 to 4 in Article 5 shall apply.
Amendment 220 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission opinion shall be made public and, at the request of the Parliament of the Member State concerned, shall be presented without delay by the Commission to the Parliament concerned.
Amendment 229 #
2011/0386(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Eurogroup and the competent committee of the European Parliament shall discuss opinions of the Commission on the national budgetary plans and the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the Commission in accordance with paragraph 3. The overall assessment shall be made public.
Amendment 235 #
2011/0386(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Reporting on debt issuance With a view to better coordinating the planning of their national debt issuance, the Member States shall report ex-ante on their public debt issuance plans to the European Commission and the Eurogroup.
Amendment 254 #
2011/0386(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point a
Article 7 – paragraph 6 – point a
(a) carry out and report on a comprehensive independent audit of the accounts of the general government and its subsectors conducted in coordination with national supreme audit institutions, aiming at assessing the reliability, completeness and accuracy of these public accounts for the purposes of the excessive defiocit procedure. In this context, the Commission (Eurostat) shall assess the quality of data reported by the Member State concerned in accordance with Regulation (EC) No 679/20103 ;
Amendment 270 #
2011/0386(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Article 9a Economic partnership programmes 1. A Member State that is subject to an excessive deficit procedure shall present to the Commission and the Council an economic partnership programme with a detailed description of the structural reforms which must be put in place and implemented to ensure an effective and durable correction of the excessive deficit. 2. This economic partnership programme shall be presented at the same time as the reports provided for in Article 3(4a) and 5(1a) of Regulation (EC) No 1467/97. 3. The Council, acting on a proposal from the Commission, shall adopt an opinion on the economic partnership programme. The proposal shall be deemed to be adopted by the Council unless it decides, by qualified majority, to reject it within 10 days of its adoption by the Commission. 4. If a corrective action plan exists in accordance with Article 8(1) of Regulation (EU) No 1176/2011, this plan may be amended, as appropriate, in accordance with Article 9(4) of Regulation (EU) No 1176/2011 to replace the economic partnership programme envisaged by this Article.
Amendment 279 #
2011/0386(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2 – point b
Article 11 – paragraph 1 – subparagraph 2 – point b
(b) the progress in ensuring closer coordination of economic and budgetary policies and sustained convergence of economic performances of the Member States in accordance with the Treaty.
Amendment 298 #
2011/0288(COD)
Proposal for a regulation
Article 29
Article 29
Without prejudice to the eligibility for support under Chapter 2 of Title III of Regulation (EU) No DP/2012 and Article 30(2) of Regulation (EU) No RD/xxx, expenditure financed under the EAFRD shall not be subject of any other financing under the EU budget.
Amendment 447 #
2011/0288(COD)
Proposal for a regulation
Article 65 – paragraph 3 a (new)
Article 65 – paragraph 3 a (new)
3a. Withdrawals and reductions resulting from non-compliance with the obligations referred to in Chapter 2 of Title III of Regulation (EU) No DP/2012 and shall not exceed the amount of the payment referred to in that Chapter. The amounts concerned by the withdrawal referred to in this paragraph shall be made available as Union support under rural development programming financed under the EAFRD as specified in Regulation (EU) No [...] [RDR] and shall be granted to farmers or groups of farmers taking up measures fostering sustainable development.
Amendment 251 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point x a (new)
Article 2 – paragraph 1 – point x a (new)
(x a) " farmer" meaning an active farmer pursuant to Article 4 1. a) and Article 9 of Regulation (EU) No [...] on rules for direct payments to farmers under support schemes within the framework of the common agricultural policy;
Amendment 1303 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and other relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such mandatory requirements shall be identified in the programme.
Amendment 1524 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point g
Article 36 – paragraph 2 – point g
(g) collective approaches to environmental projects and ongoing environmental practices; and to agricultural practices beneficial for the climate and the environment established under Chapter 2 of Title III of Regulation (EU) No DP/2012;
Amendment 1614 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point ii
Article 106 – paragraph 1 – point c – point ii
(ii) concentration of supply and the placing on the market of the products produced by its members including price negotiation on behalf of its members, in respect of part or all of their joint production;
Amendment 1857 #
2011/0281(COD)
Proposal for a regulation
Article 114 – paragraph 1 – point a a (new)
Article 114 – paragraph 1 – point a a (new)
(a a) horizontal recommendations for interprofessional agreements concluded by the organizations pursuant to article 108 of the guidelines for interprofessional agreements;
Amendment 2008 #
2011/0281(COD)
Proposal for a regulation
Article 144 – paragraph 1 – subparagraph 2
Article 144 – paragraph 1 – subparagraph 2
In particular, Article 101(1) of the Treaty shall not apply to agreements, decisions and practices of farmers, farmers‘ associations, or associations of such associations, or producer organisations recognised under Article 106 of this Regulation, or associations of producer organisations recognised under Article 107 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, and under which there is no obligation to charge identical prices, unless competition is thereby excluded or the objectives of Article 39 of the Treaty are jeopardised.
Amendment 144 #
2011/0280(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Commission Regulation (EC) No 1120/2009 allows Member States to establish criteria for deciding whether an agricultural area of a holding is considered as being used predominantly for agricultural activities. In order to further improve the targeting of direct payments, the legal basis for Member States and regions to exclude certain non- agricultural areas from direct payments should be strengthened and expanded. In addition to criteria such as the intensity, nature, duration and timing of the non- agricultural activity, Member States and regions should also be able to exclude areas that are part of a non-agricultural infrastructure or that have a non- agricultural function.
Amendment 198 #
2011/0280(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitably distributed between Member States, by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90 % of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally byby linear cuts to all Member States with direct payments above the Union average, with a maximum decrease of 5% of the level of each Member State. In addition, all payment entitlements activated in 2019 in a Member State or in a region should have a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmers, Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distribution of direct support across the European Union during that period.
Amendment 331 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point ii
Article 1 – paragraph 1 – point b – point ii
(ii) a top-up payment for farmers observing agricultural practises beneficial for the climate and the environment;
Amendment 341 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point iv
Article 1 – paragraph 1 – point b – point iv
(iv) an obligatory payment for young farmers who commence their agricultural activity;
Amendment 351 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point vii
Article 1 – paragraph 1 – point b – point vii
(vii) a voluntary simplified scheme for small farmers;
Amendment 419 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘permanent grassland’ means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for fiveeight years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominant; grass strips pursuant agri-environment-climate measures as specified in Regulation (EU) No [...] [RDR] shall be excluded;
Amendment 420 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) ‘permanent grassland’ means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for fiveeight years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominant;
Amendment 528 #
2011/0280(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For each Member State and each year, the estimated product of capping as referred to in Article 11, which is reflected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union supportin the Member State concerned for measures under rural development programming aimed at farmers or groups of farmers and financed under the EAFRD as specified in Regulation (EU) No […] [RDR].
Amendment 545 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, where one of the following appliesMember States shall establish appropriate, objective and non- discriminatory criteria to ensure that no direct payments are granted to a natural or legal person:
Amendment 589 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(a a) whose agricultural activities form only an insignificant part of its overall economic activities; or
Amendment 592 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a b (new)
Article 9 – paragraph 1 – point a b (new)
(a b) whose principal business or company objects do not consist of exercising an agricultural activity; or
Amendment 637 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 650 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shallMember States may decide not to apply paragraph 1 to farmers who received less than EUR 5 000 of direct payments for the previous year.
Amendment 667 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 for the purposes of laying down:guidelines on appropriate, objective and non-discriminatory criteria that Member States may use when applying paragraph 1.
Amendment 817 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
1. Before 1 August 2013, Member States may decide to make available as additional support for measures aimed at farmers or groups of farmers under rural development programming financed under the EAFRD as specified under Regulation (EU) No […...] [RDR], up to 10 % of their annual national ceilings for calendar years 2014 to 201920 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments and shall be subject to co- financing.
Amendment 836 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
Unallocated funds from the application of article 33 shall be transferred within the Member State concerned to rural development measures under the EAFRD, targeted at farmers or groups of farmers. The transfer of these funds shall count towards the maximum transfer percentage of 10% as laid down in paragraph 1.
Amendment 880 #
2011/0280(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Support underMember States shall decide to make the basic payment scheme shall be available to farmers in one of the following ways: a) if they obtained payment entitlements under the single payment scheme in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009 or b) if they obtain payment entitlements under this Regulation through first allocation pursuant to Article 21, Farmers can also obtain payment entitlements under this regulation from the national reserve pursuant to Article 23 or by transfer pursuant to Article 27.
Amendment 1261 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Farmers entitled to a payment under the basic payment scheme referred to in Chapter 1 shall receive a top-up payment, provided that they observe on their eligible hectares as defined in Article 25(2) thefour of the six following agricultural practises beneficial for the climate and the environment:
Amendment 1350 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
(c a) to have an on-farm resource efficiency improvement plan
Amendment 1356 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c b (new)
Article 29 – paragraph 1 – point c b (new)
(c b) to have an on-farm biodiversity action plan or to participate in a collective biodiversity scheme
Amendment 1366 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point c c (new)
Article 29 – paragraph 1 – point c c (new)
(c c) to have an on-farm water management improvement plan
Amendment 1397 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Without prejudice to paragraphs 3 and 4 and to the application of financial discipline, linear reductions in accordance with Article 7, and any reductions and penalties imposed pursuant to Regulation (EU) No […] [HZR], Member States shall grant the payment referred to in this Chapter to farmers observing those of the three practisee requirements referred to in paragraph 1 that are relevant for them, and in function of their compliance with Articles 29, 30, 31 and 32..
Amendment 1459 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 a (new)
Article 29 – paragraph 4 a (new)
4 a. Farmers applying agro- environmental measures in accordance with Article 29 (2) of Regulation (EC) No [...][RDR], or whose holding is certified under national or regional environmental certification schemes shall be entitled ipso facto to the payment referred to in this Chapter. Environmental certification schemes should be effective, impartial and transparent and offer equivalent or additional benefits to climate and environment on a regional level compared to the practices laid down in paragraph 1.
Amendment 1560 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. The first paragraph shall not apply to farms where : more then 70% of the eligible agricultural area is covered by permanent grassland, used for production of grass or other herbaceous forage, left fallow, or subject to a combination of these uses;
Amendment 1562 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1 a. The first paragraph shall not apply to farms where the farmer interchanges more than 50% of his total arable land with other farmers on an annual basis, provided that the farmer proves that each parcel of his arable land is being cultivated with a different crop compared to that of the previous calendar year;
Amendment 1679 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland as laid down in the second subparagraph of paragraph 1, the renewal of permanent grassland, the reconversion of agricultural area into permanent grassland in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land. Member States may define the baseline for the protection of permanent grassland on the basis of the amount of organic matter content in their soils.
Amendment 1739 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 7 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, ditches, nitrogen-fixing crops, terraces, landscape features, buffer strips, and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 1742 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 7 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii). Landscape features that are not eligible on the basis of article 25(2) remain non- eligible for payment but can be used by the farmer to fulfil this obligation.
Amendment 1774 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. Member States may decide to define rare crops which are at risk of disappearing and which represent less than 1% of total arable surface in a Member State as ecological focus area;
Amendment 1780 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1 b (new)
Article 32 – paragraph 1 b (new)
Amendment 1785 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1 c (new)
Article 32 – paragraph 1 c (new)
1 c. Farmers that decide to comply with part of the obligation to have ecological focus area by participating in a group of farmers in accordance to a national or regional management plan, cannot leave the group of farmers and cannot comply with the aforementioned obligation in the relevant year in another way. Every farmer is responsible for the compliance of all other farmers in the group of farmers. The payment referred in article 29(1) shall be reduced to all participants if the group of farmers does not, or insufficiently, complies with the obligation regarding the maintenance of ecological focus area.
Amendment 1807 #
2011/0280(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Resource efficiency improvement plan 1. Farmers shall implement a resource efficiency action plan to areas of their holding eligible for support as defined in Article 25(2), including for example: a) an on-farm nutrient management plan, which could include the use of catch crops or nitrogen-fixing crops, the use of controlled release nitrogen fertilisers, a plan for the optimised use of animal manure or the recovery of nutrients from manure, b) participation in an antibiotic reduction programme, c) participation in a chemical plant protection products reduction programme, d) an energy efficiency plan, include measures to reduce to use of (fossil) fuels and/or to produce renewable energy. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the rules concerning the application of the measure.
Amendment 1811 #
2011/0280(COD)
Proposal for a regulation
Article 32 b (new)
Article 32 b (new)
Article 32 b Biodiversity action plan 1. Farmers shall implement a biodiversity action plan to areas of their holding eligible for support as defined in Article 25(2). The plan shall identify species on the holding and species in decline with targeted habitat provisions for those species in decline. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the rules concerning the application of the measure.
Amendment 1815 #
2011/0280(COD)
Proposal for a regulation
Article 32 c (new)
Article 32 c (new)
Article 32 c Water management improvement plan 1. Farmers shall adopt measures to conserve water resources, for example through capture and storage of rain water, irrigation techniques consuming less water or precision agriculture. Farmers will be required to measure on- farm water use and to demonstrate a significant improvement in their water efficiency. 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the rules concerning the application of the measure.
Amendment 1859 #
2011/0280(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Unallocated funds from the application of article 33 shall be transferred within the Member State concerned to rural development measures under the EAFRD, targeted at farmers or groups of farmer, as laid down in article 14.s.
Amendment 1995 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
In order to finance the payment referred to in Article 36, Member States shall use a percentage of the annual national ceiling set out in Annex II which shall not be lower than 1% and not be higher than 2 %. They shall notify the Commission, by 1 August 2013, of the estimated percentage necessary to finance that payment.
Amendment 60 #
2010/2109(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Recognises that the Member States are responsible for their shop location policies and that sustainability, mobility, regional planning and core consolidation are major factors which must be taken into account in deciding on the admissibility of new shop locations;
Amendment 127 #
2010/2109(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes with concern that existing legal instruments are not being fully used, especially by SMEs, to uphold their rights, due to economic dependency and concern of losing business; asks the Commission, Member States and business federations to identify ways to restore confidence and facilitate access to judicial systems, including the possibility of anonymous complaints; is convinced moreover that it is necessary further to develop the conceptual framework so as to ensure fair competition in both vertical and horizontal B2B relations, thereby paving the way for a genuine level playing field for businesses;
Amendment 885 #
2010/0250(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. A CCP shall, where available and practical, use central bank money to settle its transactions. Where central bank money is not accessibleused, steps shall be taken to strictly limit credit and liquidity risks.
Amendment 178 #
2009/0144(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to guarantee its full autonomy and independence, the Authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and, from the General Budget of the European Union. The Community through a separate budget heading within it. The European Union budgetary procedure should be applicable as far as the CommunityEuropean Union contribution is concerned. The auditing of accounts should be undertaken by the Court of Auditors.
Amendment 214 #
2009/0144(COD)
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6a. When carrying out the tasks conferred upon it by this Regulation, the Authority will act independently and objectively in the sole interest of the European Union.
Amendment 359 #
2009/0144(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The Commission shall review this decision with regular intervals, and at the request of the ESA, the ESRB or the Council.
Amendment 360 #
2009/0144(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 578 #
2009/0144(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Joint Committee shall serve as a forum in which the Authority shall cooperate regularly and closely and ensure cross-sectoral consistency with the European Insurance and Occupational Pensions Authority and the Banking other ESAs, in particular on: – financial conglomerates; – accounting and auditing; – micro-prudential analyses of cross- sectoral developments, risks and vulnerabilities for financial stability; – retail investment products; – anti-money laundering measures; and – information exchange with the European Systemic Risk Board and development of the relationship between the European Systemic Risk Board and the European Supervisory Authorityies.
Amendment 611 #
2009/0144(COD)
Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 1 – point b
Article 48 – paragraph 1 – subparagraph 1 – point b
(b) a subsidy from the Community, entered inEuropean Union, shown in a separate budget heading in Section [X] of the Ggeneral Bbudget of the European Union (Commission Section);
Amendment 612 #
2009/0144(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. BWith the exception of the first year of operation of the Authority ending 31 December 2011 as laid down in Article 49(6a), by 15 February each year, the Executive Director shall draw up a draft statement of estimates of revenue and expenditure for the following financial year, and shall forward this preliminary draft budget to the Management Board and the Board of Supervisors, together with the establishment plan. Each year, the Management Board shall, on the basis of the preliminary draft drawn up by the Executive Director and approved of the Management Board, produce a statement of estimates of revenue and expenditure of the Authority for the following financial year. That statement of estimates, including a draft establishment plan, shall be transmitted by the Management BoardBoard of Supervisors to the Commission by 31 March. Prior to adoption of the statement of estimates, the draft prepared by the Executive Director shall be approved by the Board of SupervisorsManagement Board.
Amendment 613 #
2009/0144(COD)
Proposal for a regulation
Article 49 – paragraph 6 a (new)
Article 49 – paragraph 6 a (new)
6a. For the first year of operation of the Authority ending 31 December 2011, the budget will be approved by the Members of the Level 3 Committee, following consultation with the Commission and then transmitted to the European Parliament and the Council for endorsement.
Amendment 615 #
2009/0144(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Staff Regulations, the Conditions of employment of other servants and the rules adopted jointly by the European CommunityUnion institutions for the purpose of applying these shall apply to the staff of the Authority, inexcluding its Executive DirectorChairpeson.
Amendment 621 #
2009/0144(COD)
Proposal for a regulation
Article 62 – paragraph 1 a (new)
Article 62 – paragraph 1 a (new)
1a. During the period after the entry into force of this Regulation, and before the establishment of the Authority, the Level 3 Committee shall act in close co-operation with the Commission to prepare for the replacement of the Level 3 Committee by the Authority. The Level 3 Committees may take all useful preparatory actions, subject to final decision by the relevant bodies of the Authority. This includes determining the selection procedure for the Chairperson and Executive director of the Authority and members of the management board and organising the selection of these persons.
Amendment 622 #
2009/0144(COD)
Proposal for a regulation
Article 62 – paragraph 1 b (new)
Article 62 – paragraph 1 b (new)
1b. During the period from the entry into force of this Regulation and the date of the designation of the Chairperson and the members of the Management Board, and of the appointment the Executive Director, the ESA shall be provisionally chaired by the Chair of the existing Level 3 Committee and managed by its Secretary General.
Amendment 624 #
2009/0144(COD)
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
2. AIn order to allow the smooth transition of the existing staff to the Authority all members of staff under contracts referred to in paragraph 1, including secondment contracts, shall be offered the possibility of concluding temporary agent contracts under Article 2(a) of the Conditions of Employment of Other Servants at the various grades as set out in the Authority’s establishment planwith equivalent or comparable economic and legal conditions, in accordance with the relevant legal framework.
Amendment 625 #
2009/0144(COD)
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 2
Article 63 – paragraph 2 – subparagraph 2
An internal selection limited to staff who have contracts with the Level 3 Committee of European Securities Regulators or its Secretariat shall be carried out after the entry into force of this Regulation by the authority authorised to conclude contracts in order to check the ability, efficiency and integrity of those to be engaged. The internal selection procedure should take full account of the skills and experience demonstrated by the individual in the performance of his/ her role prior to the transition.
Amendment 206 #
2009/0143(COD)
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6a. When carrying out the tasks conferred upon it by this Regulation, the Authority shall act independently and objectively in the sole interest of the Union.
Amendment 334 #
2009/0143(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The Commission shall review this decision at regular intervals and in any event at the request of the ESA, the ESRB or the Council.
Amendment 339 #
2009/0143(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Where an emergency situation requires immediate action before a decision of the ESRB is forthcoming, the Authority may adopt decisions which are generally and directly applicable to financial institutions. Those emergency measures shall be notified immediately to the ESRB. If the ESRB does not confirm the emergency situation within 15 days of such notification, the measures shall expire.
Amendment 525 #
2009/0143(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Joint Committee shall serve as a forum in which the Authority shall cooperate regularly and closely and ensure cross-sectoral consistency with the European Banking Authority and the European Securities and Marketsother ESAs, in particular on: – financial conglomerates; – accounting and auditing; – micro-prudential analyses of cross- sectoral developments, risks and vulnerabilities for financial stability; – retail investment products; – anti-money laundering measures; and – information exchange with the European Systemic Risk Board and development of the relationship between the European Systemic Risk Board and the European Supervisory Authorityies.
Amendment 551 #
2009/0143(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point b
Article 48 – paragraph 1 – point b
(b) a subsidy from the Community, entered inEuropean Union, shown in a separate budget heading in Section [XI] of the Ggeneral Bbudget of the European Union (Commission Section);.
Amendment 552 #
2009/0143(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. BWith the exception of the first year of operation of the Authority ending 31 December 2011 (see Article 49(6a) below), by 15 February each year, the Executive Director shall draw up a draft statement of estimates of revenue and expenditure for the following financial year, and shall forward this preliminary draft budget to the Management Board and the Board of Supervisors, together with the establishment plan. Each year, the Management BoardBoard of Supervisor shall, on the basis of the preliminary draft drawn up by the Executive Director and approved of the Management Board, produce a statement of estimates of revenue and expenditure of the Authority for the following financial year. That statement of estimates, including a draft establishment plan, shall be transmitted by the Management BoardBoard of Supervisors to the Commission by 31 March. Prior to adoption of the statement of estimates, the draft prepared by the Executive Director shall be approved by the Board of SupervisorsManagement Board.
Amendment 554 #
2009/0143(COD)
Proposal for a regulation
Article 49 – paragraph 6 a (new)
Article 49 – paragraph 6 a (new)
6a. For the first year of operation of the Authority ending 31 December 2011, the budget will be approved by the Members of the Level 3 Committee, following consultation with the Commission and then transmitted to European Parliament and the Council for endorsement.
Amendment 555 #
2009/0143(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Staff Regulations, the Conditions of employment of other servants and the rules adopted jointly by the European CommunityUnion institutions for the purpose of applying these shall apply to the staff of the Authority, inexcluding its Executive DirectorChairperson.
Amendment 561 #
2009/0143(COD)
Proposal for a regulation
Article 62 – paragraph 1 a (new)
Article 62 – paragraph 1 a (new)
1a. During the period after the entry into force of this Regulation, and before the establishment of the Authority, the Level 3 Committee shall act in close co-operation with the Commission to prepare for the replacement of the Level 3 Committee by the Authority. The Level 3 Committees may take all useful preparatory actions, subject to final decision by the relevant bodies of the Authority. This includes determining the selection procedure for the Chairperson and Executive director of the Authority and members of the management board and organising the selection of these persons.
Amendment 562 #
2009/0143(COD)
Proposal for a regulation
Article 62 – paragraph 1 b (new)
Article 62 – paragraph 1 b (new)
1b. During the period from the entry into force of this Regulation and the date of the designation of the Chairperson and the members of the Management Board, and of the appointment the Executive Director, the ESA shall be provisionally chaired by the Chair of the existing Level 3 Committee and managed by its Secretary General.
Amendment 564 #
2009/0143(COD)
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
2. AIn order to allow the smooth transition of the existing staff to the Authority all members of staff under contracts referred to in paragraph 1, including secondment contracts, shall be offered the possibility of concluding employment temporary agent contracts under Article 2(a) of the Conditions of Employment of Other Servants at the various grades as set out in the Authority’s establishment planwith equivalent or comparable economic and legal conditions, in accordance with the relevant legal framework.
Amendment 565 #
2009/0143(COD)
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 2
Article 63 – paragraph 2 – subparagraph 2
An internal selection limited to staff who have contracts with the Level 3 Committee of European Banking Supervisors or its Secretariat shall be carried out after the entry into force of this Regulation by the authority authorised to conclude contracts in order to check the ability, efficiency and integrity of those to be engaged. The internal selection procedure should take full account of the skills and experience demonstrated by the individual in the performance of his/ her role prior to the transition.
Amendment 264 #
2009/0142(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to guarantee its full autonomy and independence, the Authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the General Budget of the European Union. The Community through a separate budget heading within it. The European Union budgetary procedure should be applicable as far as the CommunityEuropean Union contribution is concerned. The auditing of accounts should be undertaken by the Court of Auditors.
Amendment 299 #
2009/0142(COD)
Proposal for a regulation
Article 1 – paragraph 6 a (new)
Article 1 – paragraph 6 a (new)
6a. When carrying out the tasks conferred upon it by this Regulation, the Authority will act independently and objectively in the sole interest of the European Union.
Amendment 486 #
2009/0142(COD)
Proposal for a regulation
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. The Commission shall review this decision with regular intervals, and at the request of the ESA, the ESRB or the Council.
Amendment 488 #
2009/0142(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
10a. When the emergency of a situation requires immediate action and no decision of the ESRB can be awaited, the Authority may adopt decisions which are generally and directly applicable to financial market participants. These emergency measures will be notified immediately to the ESRB. If the ESRB does not confirm the emergency situation within a period of 15 days, the measures will expire.
Amendment 724 #
2009/0142(COD)
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The Joint Committee shall serve as a forum in which the Authority shall cooperate regularly and closely and ensure cross-sectoral consistency with the European Insurance and Occupational Pensions Authority and the European Securities and Marketsother ESAs, in particular on: – financial conglomerates; – accounting and auditing; – micro-prudential analyses of cross- sectoral developments, risks and vulnerabilities for financial stability; – retail investment products; – anti-money laundering measures; and – information exchange with the European Systemic Risk Board and developing the relationship between the European Systemic Risk Board and the European Supervisory Authorityies.
Amendment 768 #
2009/0142(COD)
Proposal for a regulation
Article 48 – paragraph 1 – point b
Article 48 – paragraph 1 – point b
(b) a subsidy from the Community, entered inEuropean Union, shown in a separate budget heading in Section [XII] of the Ggeneral Bbudget of the European Union (Commission Section);
Amendment 770 #
2009/0142(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. BWith the exception of the first year of operation of the Authority ending 31 December 2011 (see Article 49 6bis below), by 15 February each year, the Executive Director shall draw up a draft statement of estimates of revenue and expenditure for the following financial year, and shall forward this preliminary draft budget to the Management Board and the Board of Supervisors, together with the establishment plan. Each year, the Management Board shall, on the basis of the preliminary draft drawn up by the Executive Director and approved of the Management Board, produce a statement of estimates of revenue and expenditure of the Authority for the following financial year. That statement of estimates, including a draft establishment plan, shall be transmitted by the Management Board to Board of Supervisors to the Commission by 31 March. Prior to adoption of the statement of estimates, the draft prepared by the Executive Director shall be approved by the Board of SupervisorsManagement Board.
Amendment 771 #
2009/0142(COD)
Proposal for a regulation
Article 49 – paragraph 6 a (new)
Article 49 – paragraph 6 a (new)
6a. For the first year of operation of the Authority ending 31 December 2011, the budget will be approved by the Members of the Level 3 Committee, following consultation with the Commission and then transmitted to the Council and Parliament for endorsement.
Amendment 773 #
2009/0142(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Staff Regulations, the Conditions of employment of other servants and the rules adopted jointly by the European Community institutions for the purpose of applying these shall apply to the staff of the Authority, inexcluding its Executive DirectorChairperson.
Amendment 782 #
2009/0142(COD)
Proposal for a regulation
Article 62 – paragraph 1 a (new)
Article 62 – paragraph 1 a (new)
1a. During the period after the entry into force of this Regulation, and before the establishment of the Authority, the Level 3 Committee shall act in close co-operation with the Commission to prepare for the replacement of the Level 3 Committee by the Authority. The Level 3 Committees may take all useful preparatory actions, subject to final decision by the relevant bodies of the Authority. This includes determining the selection procedure for the Chairperson and Executive director of the Authority and members of the management board and organising the selection of these persons.
Amendment 783 #
2009/0142(COD)
Proposal for a regulation
Article 62 – paragraph 1 b (new)
Article 62 – paragraph 1 b (new)
1b. During the period from the entry into force of this Regulation and the date of the designation of the Chairperson and the members of the Management Board, and of the appointment the Executive Director, the ESA shall be provisionally chaired by the Chair of the existing Level 3 Committee and managed by its Secretary General.
Amendment 785 #
2009/0142(COD)
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 1
Article 63 – paragraph 2 – subparagraph 1
2. AIn order to allow the smooth transition of the existing staff to the Authority all members of staff under contracts referred to in paragraph 1, including secondment contracts, shall be offered the possibility of concluding employment temporary agent contracts under Article 2(a) of the Conditions of Employment of Other Servants at the various grades as set out in the Authority’s establishment planwith equivalent or comparable economic and legal conditions, in accordance with the relevant legal framework.
Amendment 786 #
2009/0142(COD)
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 2
Article 63 – paragraph 2 – subparagraph 2
An internal selection limited to staff who have contracts with the Level 3 Committee of European Banking Supervisors or its Secretariat shall be carried out after the entry into force of this Regulation by the authority authorised to conclude contracts in order to check the ability, efficiency and integrity of those to be engaged. The internal selection procedure should take full account of the skills and experience demonstrated by the individual in the performance of his/ her role prior to the transition.
Amendment 105 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point -a a (new)
Article 1 – point 3 – point -a a (new)
Directive 2003/71/EC
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(-aa) In paragraph 2, point (c) is replaced by the following: "c) an offer of securities addressed to investors who acquire securities for a total consideration of at least EUR 250 000 per investor, for each separate offer, and/or "
Amendment 108 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 3 – point -a b (new)
Article 1 – point 3 – point -a b (new)
Directive 2003/71/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(-ab) In paragraph 2, point (d) is replaced by the following: "d) an offer of securities whose denomination per unit amounts to at least EUR 250 000; and/or"
Amendment 150 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2003/71/EC
Article 10
Article 10
Amendment 151 #
2009/0132(COD)
Proposal for a directive – amending act
Article 1 – point 10 a (new)
Article 1 – point 10 a (new)
Directive 2003/71/EC
Article 10 – paragraph 3
Article 10 – paragraph 3
10a. Article 10(3) is replaced by the following: "The obligation set out in paragraph 1 shall not apply to issuers of non-equity securities whose denomination per unit amounts to at least EUR 250 000."
Amendment 5 #
2008/2237(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 8 #
2008/2237(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reminds the Commission of the need to increase consultation at European level with the representative intermediate SME organisations, in which their participation in the preparation of the legislative process must be secured; repeats its call for improvement of the system of impact analyses with account also being taken of the reality of the different categories of SMEs;
Amendment 27 #
2008/2237(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that the SBA idoes not have a legally binding status and therefore emphasises the needcalls for a strong political commitment; calls on by the Commission, to publish a report by 31 December 2012 with observations for Member States and to make accompanying proposals, where appropriatehe European Parliament and the Council to apply the ‘Think small first’ principle systematically; recommends the Member States to apply the principles of the SBA and the ‘Think small first’ principle at national and regional level.
Amendment 16 #
2008/2215(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Commission has launched infringement procedures against ten Member States in order to verify whether national measures limiting the cross-border supply of online gambling services, mainly sports betting, are compatible with Community law, whereas, as the Commission highlighted, these procedures do not touch upon the existence of monopolies or national lotteries as such, nor do they have any implication for the liberalisation of the gambling markets in general,
Amendment 44 #
2008/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that, in accordance with the principle of subsidiarity, Member States have a legitimate interest in monitoring and regulating their gambling markets and the jurisprudence of the European Court of Justice, Member States have the right to regulate and control their gambling markets in accordance with the respective tradition and culture of their country in order to protect consumers against addiction, fraud, money-laundering and fixed games as well as to protect the culturally-built funding structures which finance sports activities and other social causes in the Member States; underlines that online gambling operators shouldmust comply with the legislation of the Member State in which they provide their servicesof the residence of the consumer;
Amendment 47 #
2008/2215(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that gambling services are to be considered as an economic activity of a very special nature because of the social and public order and health care aspects linked to it, where competition will not lead to a better allocation of resources, which is the reason why gambling requires a multi-pillar approach; emphasises that a pure Internal Market approach is not appropriate in this highly sensitive area and requests the Commission to pay particular attention to the views of the European Court of Justice regarding this matter;
Amendment 63 #
2008/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to cooperate closely in order to solve the social and public order problems arising from cross- border online gambling, such as gambling addiction and misuse of personal data or credit cards; stresses the need for a common European position on online gambling with mandatory minimum requirements for protecting consumers and preventing fraud; calls on the EU institutions to cooperate closely with the Member States in the fight against all unauthorised online gambling service offerings;
Amendment 132 #
2008/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
145. Notes that a Code of Conduct may still be a useful supplementary tool for achieving some public (and private) objectives while adjusting toto take account of technological developments, changes in consumer preferences or developments in market structures;
Amendment 133 #
2008/2215(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15.4. Stresses, however, that a Code of Conduct ultimately remains an industry- driven, self- regulatory approach and can therefore only serve as an addition to primary or secondary, not a replacement of legislation;
Amendment 147 #
2008/2215(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Amendment 12 #
2008/2006(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that the Charter must also meet the needs of small professional users, who often face the same problems as normal energy consumers;
Amendment 263 #
2008/0196(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Gambling activities, including lottery and betting transactions, should be excluded from the scope of this Directive in view of the very specific nature of these activities which entail implementation by the Member States of other and more stringent consumer protection measures.
Amendment 533 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. This directive shall not apply to gambling activities, which involve wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions.
Amendment 43 #
2008/0142(COD)
Proposal for a directive
Recital 5
Recital 5
(5) As confirmed by the Court of Justice on several occasions, while recognizing their specific nature, all typescross-border provision of medical care falls within the scope of the Treaty.
Amendment 50 #
2008/0142(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive on the application of patients’ rights in cross-border healthcare applies to all types of cross-border healthcare. As confirmed by the Court of Justice, neither their special nature nor the way in which they are organised or financed removes them from the ambit of the fundamental principle of freedom of movement. As regards long-term care, the Directive does not apply to assistance and support for families or individuals who are, over an extended period of time, in a particular state of need which is not strictly medical. It does not apply, for example, to services which are normally provided at residential homes or housing, or assistance provided to elderly people or children by social workers or volunteer carers or professionals other than health professionalsor care for the disabled.
Amendment 51 #
2008/0142(COD)
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, the concept of "cross-border healthcare" covers the following modes of supply of healthcare: - Use of healthcare abroad (i.e.: a patient moving toshall mean: - The patient physically visits a healthcare provider in another Member State for treatment)other than that where he has social security affiliation with the intention of seeking health services there; this is what is referred to as 'patient mobility'; - CThe health service itself cross-es border provision of healthcare (i.e.: delivery ofs, virtually or otherwise: the patient does not physically go to another Member State but nonetheless receives health services from the territory of onea Member State into other territory of another); such as telemedicine services, remote diagnosis andhan that where he has social security affiliation, such as telesurgery, a medical consultation, issuing of a prescription, and remote laboratory services; this is what is referred to as 'telemedicine'; - Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, - Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services); - The purchase of goods connected with health care, such as medical devices and medicines, in a Member State other than that where the purchaser has social security affiliation; this may be, but is not necessarily, accompanied by physical movement of the patient to the latter Member State.
Amendment 58 #
2008/0142(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Given that it is impossible to know in advance whether a given healthcare provider will supply healthcare to a patient coming from another Member State or a patient from their own Member State, it is necessary that the requirements to ensure that healthcare is provided according to common principles and clear quality and safety standards are applicable to all types of healthcare. This is necessary in order to ensure the freedom to provide and obtain cross border healthcare which is the aim of the directive. Member States' authorities have to respect the shared overarching values of universality, access to good quality care, equity and solidarity, which have been already widely recognised by the Community institutions and by all the Member States as constituting a set. These, after all, are values which have been unanimously embraced by the Community institutions and by the health systems of values that are shared by health systems across Europel the Member States. Members States also have to ensure that these values are respected with regard to patients and citizens from other Member States, and that all patients are treated equitably on the basis of their healthcare need rather than their Member State of social security affiliation. In doing so, Member States must respect the principles of freedom of movement within the internal market, non- discrimination inter alia with regard to nationality (or in the case of legal persons, with regard to the Member State in which they are established),place of establishment and the principle of necessity and proportionality of any restrictions on free movement. However, nothing inThis implies that this Directive by no means requires healthcare providers to accept for planned treatment or to prioritise patients from other Member States to the detriment of oor always to charge them the same price as that which applies to their own patients with similar health needs, such as through increasing wait. Obstacles to freedom of movement may be permitted on compelling public-interest grounds, for example if the inflow of patients undermines or is likely to underminge time for treatmenthe capacity or financial balance of a health system.
Amendment 60 #
2008/0142(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Moreover, patients from other Member States should enjoy equal treatment with the nationals of the Member State of treatment and, aAccording to the general principles of equity and non -discrimination, as recognized in Art. 21 of the Charter they, patients from other Member States should in no way be discriminated uponagainst on the basis of their sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States may differentiate in the treatment accorded to different groups of patients only where they can demonstrate that this is justified by legitimate medical grounds, such as in case of specific measures for women or for certain ages groups (e.g. free of charge vaccination for children or elderly people). Furthermore, as this Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, it has to be implemented and applied with due respect for the rights to equality before the law and the principle of non-discrimination in accordance with the general principles of law, as enshrined in Articles 20 and 21 of the Charter. This Directive applies without prejudice to Directive 2000/43/EC of the Council of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, and other Directives giving effect to Article 13 of the EC Treaty. In the light of this, the Directive provides that patients shall enjoy equal treatment with the nationals of the Member State of treatment, including the benefit from the protection against discrimination provided for according to Community law as well as from the legislation of the Member State of treatment.
Amendment 62 #
2008/0142(COD)
Proposal for a directive
Recital 5
Recital 5
(5) As confirmed by the Court of Justice on several occasions, while recognizing their specific nature, all typescross-border provision of medical care falls within the scope of the Treaty.
Amendment 64 #
2008/0142(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The right to reimbursement of the costs of healthcare provided or goods purchased in connection with health care in another Member State from the statutory social security scheme ofto which patients as insured personsre affiliated was recognised by the Court of Justice in several judgements. The Court of Justice has held that the Treaty provisions on the freedom to provide services and goods includes the freedom for the recipients ofpatients deliberately to receive health care, including persons in need of medical treatment, to go to another Member Sate in order to receive it ther services and deliberately to purchase goods connected with health care in another Member State. The same applies to recipients of healthcare seeking to receive health care provided in another Member State through other means, for example through e-health servicesservices by means of telemedicine from a Member State other than that where they have social security affiliation. Whilst Community law does not detract from the power of the Member States to organise their healthcare and social security systems, Member States must when exercising that power comply with Community law, in particular with the Treaty provisions on the freedom to provide services and goods. Those provisions prohibit the Member States from introducing or maintaining unjustified restrictions on the exercise of that freedom in the healthcare sector.se freedoms
Amendment 67 #
2008/0142(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is appropriate to require that also patients who go for healthcare to another Member State in other circumstances than those envisaged for coordination of social security schemes established by the Regulation (EC) No. 1408/71 should also be able to benefit from the principles of free movement of services and goods in accordance with the Treaty and the provisions of this Directive. Patients should be guaranteed assumption of the costs of that healthcare and those goods at least at the level provided for the same or similar healthcare or goods had they been provided or purchased in the Member State of affiliation. This fully respects responsibility of the Member States to determine the extent of the sickness cover available to their citizens and prevents any significant effect on the financing of the national healthcare systems. Member States may nevertheless provide in their national legislation for reimbursement of the costs of the treatment at the tariffs in force in the Member State of treatment if this is more beneficial for the patient. This may be the case in particular for any treatment provided through European reference networks as mentioned in Article 15 of this Directive.
Amendment 73 #
2008/0142(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The patient should, in any event, not derive a financial advantage from the healthcare provided or goods purchased in another Member State and t. The assumption of costs should be therefore be limited only to the actual costs of healthcare received.
Amendment 74 #
2008/0142(COD)
Proposal for a directive
Recital 25
Recital 25
(25) This Directive does not aim either to create entitlement for reimbursement of treatment or of the cost of purchasing goods in another Member State, if such a treatment isor such goods are not among the benefits provided for by the legislation of the patient's Member State of affiliation. Equally this Directive does not prevent the Member States from extending their benefits in kind scheme to healthcare and goods provided in another Member State according to its provisions.
Amendment 76 #
2008/0142(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive on the application of patients’ rights in cross-border healthcare applies to all types of cross-border healthcare. As confirmed by the Court of Justice, neither their special nature nor the way in which they are organised or financed removes them from the ambit of the fundamental principle of freedom of movement. As regards long-term care, the Directive does not apply to assistance and support for families or individuals who are, over an extended period of time, in a particular state of need which is not strictly medical. It does not apply, for example, to services which are normally provided at residential homes or housing, or assistance provided to elderly people or children by social workers or volunteer carers or professionals other than health professionalsor care for the disabled.
Amendment 81 #
2008/0142(COD)
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, the concept of "cross-border healthcare" covers the following modes of supply of healthcare: - Use of healthcare abroad (i.e.: a patient moving toshall mean: - a situation in which the patient physically visits a healthcare provider in another Member State for treatment)other than that where he has social security affiliation with the intention of seeking health services there; this is what is referred to as 'patient mobility'; - Ca situation in which the health service cross-es border provision of healthcare (i.e.: delivery ofs, virtually or otherwise: the patient does not physically go to another Member State but nonetheless receives health services from the territory of onea Member State into other territory of another); such as telemedicine services, remote diagnosis andhan that where he has social security affiliation, such as telesurgery, a medical consultation, issuing of a prescription, and remote laboratory services; this is what is referred to as 'telemedicine'; - Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, - Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services). ; and - The purchase of goods connected with health care, such as medical devices and medicines, in a Member State other than that where the purchaser has social security affiliation; this may be, but is not necessarily, accompanied by physical movement of the patient to the latter Member State;
Amendment 91 #
2008/0142(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Given that it is impossible to know in advance whether a given healthcare provider will supply healthcare to a patient coming from another Member State or a patient from their own Member State, it is necessary that the requirements to ensure that healthcare is provided according to common principles and clear quality and safety standards are applicable to all types of healthcare. This is necessary in order to ensure the freedom to provide and obtain cross border healthcare which is the aim of the directive. Member States' authorities have to respect the shared overarching values of universality, access to good quality care, equity and solidarity, which have been already widely recognised by the Community institutions and by all the Member States as constituting a set. These, after all, are values which have been unanimously embraced by the Community institutions and by the health systems of values that are shared by health systems across Europel the Member States. Members States also have to ensure that these values are respected with regard to patients and citizens from other Member States, and that all patients are treated equitably on the basis of their healthcare need rather than their Member State of social security affiliation. In doing so, Member States must respect the principles of freedom of movement within the internal market, non- discrimination inter alia with regard to nationality (or in the case of legal persons, with regard to the Member State in which they are established),place of establishment and the principle of necessity and proportionality of any restrictions on free movement. However, nothing inThis implies that this Directive by no means requires healthcare providers to accept for planned treatment or to prioritise patients from other Member States to the detriment of oor always to charge them the same price as that which applies to their own patients with similar health needs, such as through increasing waiting time for treatment. Obstacles to freedom of movement may be permitted on compelling public-interest grounds, for example if the inflow of patients undermines or is likely to undermine the capacity or financial balance of a health system.
Amendment 98 #
2008/0142(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Moreover, patients from other Member States should enjoy equal treatment with the nationals of the Member State of treatment and, aAccording to the general principles of equity and non discrimination, as recognized in Art.21 of the Charter they, patients from other Member States should in no way be discriminated upon on the basis of their sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States may differentiate in the treatment accorded to different groups of patients only where they can demonstrate that this is justified by legitimate medical grounds, such as in case of specific measures for women or for certain ages groups (e.g. free of charge vaccination for children or elderly people). Furthermore, as this Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, it has to be implemented and applied with due respect for the rights to equality before the law and the principle of non-discrimination in accordance with the general principles of law, as enshrined in Articles 20 and 21 of the Charter. This Directive applies without prejudice to Directive 2000/43/EC of the Council of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, and other Directives giving effect to Article 13 of the EC Treaty. In the light of this, the Directive provides that patients shall enjoy equal treatment with the nationals of the Member State of treatment, including the benefit from the protection against discrimination provided for according to Community law as well as from the legislation of the Member State of treatment.
Amendment 102 #
2008/0142(COD)
Council position
Recital 11
Recital 11
(11) It is clear that the obligation to reimburse costs of cross-border healthcare should be limited to healthcare to which the insured person is entitled according to the legislation of the Member State of affiliation, except where the care relates to rare, life-threatening diseases.
Amendment 104 #
2008/0142(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The right to reimbursement of the costs of healthcare provided or goods purchased in connection with health care in another Member State from the statutory social security scheme ofto which patients as insured personsre affiliated was recognised by the Court of Justice in several judgements. The Court of Justice has held that the Treaty provisions on the freedom to provide services and goods includes the freedom for the recipients ofpatients deliberately to receive health care, including persons in need of medical treatment, to go to another Member Sate in order to receive it ther services and deliberately to purchase goods connected with health care in another Member State. The same applies to recipients of healthcare seeking to receive health care provided in another Member State through other means, for example through e-health servicesservices by means of telemedicine from a Member State other than that where they have social security affiliation. Whilst Community law does not detract from the power of the Member States to organise their healthcare and social security systems, Member States must when exercising that power comply with Community law, in particular with the Treaty provisions on the freedom to provide services and goods. Those provisions prohibit the Member States from introducing or maintaining unjustified restrictions on the exercise of that freedom in the healthcare sectorse freedoms.
Amendment 105 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-border healthcare and is intended to improve the accessibility, quality and efficiency of health systems in the Member States.
Amendment 108 #
2008/0142(COD)
Council position
Recital 19
Recital 19
(19) Members States should ensure that all patients are treated equitably on the basis of their healthcare needs rather than on the basis of their Member State of affiliation. In doing so, Member States should respect the principles of free movement of persons within the internal market, non-discrimination, inter alia with regard to nationality and necessity and proportionality of any restrictions on free movement. However, nothing in this Directive should oblige healthcare providers to accept for planned treatment patients from other Member States or to prioritise them to the detriment of other patients, for instance by increasing the waiting time for treatment of other patients. Inflows of patients may create a demand exceeding the capacities existing in a Member State for a given treatment. In such exceptional cases, the Member State should retain the possibility to remedy the situation on the grounds of public health, in accordance with Articles 52 and 62 of the Treaty. However, this limitation should be without prejudice to Member States' obligations under Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems6 . Member States shall ensure that the healthcare providers on their territory apply the same scale of fees for healthcare for patients from other Member States as for domestic patients unless there are urgent public-interest reasons to the contrary.
Amendment 112 #
2008/0142(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is appropriate to require that also patients who go for healthcare to another Member State in other circumstances than those envisaged for coordination of social security schemes established by the Regulation (EC) No. 1408/71 should be able to benefit from the principles of free movement of services and goods in accordance with the Treaty and the provisions of this Directive. Patients should be guaranteed assumption of the costs of that healthcare and those goods at least at the level provided for the same or similar healthcare or goods had they been provided or purchased in the Member State of affiliation. This fully respects responsibility of the Member States to determine the extent of the sickness cover available to their citizens and prevents any significant effect on the financing of the national healthcare systems. Member States may nevertheless provide in their national legislation for reimbursement of the costs of the treatment at the tariffs in force in the Member State of treatment if this is more beneficial for the patient. This may be the case in particular for any treatment provided through European reference networks as mentioned in Article 15 of this Directive.
Amendment 116 #
2008/0142(COD)
Council position
Recital 31
Recital 31
(31) This Directive does not aim to create an entitlement to reimbursement of the costs of healthcare provided in another Member State, if such healthcare is not among the benefits provided for by the legislation of the Member State of affiliation of the insured person, except in the case of rare, life-threatening diseases. Equally, this Directive should not prevent the Member States from extending their benefits-in-kind scheme to healthcare provided in another Member State. This Directive should recognise that Member States are free to organise their healthcare and social security systems in such a way as to determine entitlement for treatment at a regional or local level.
Amendment 120 #
2008/0142(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The patient should, in any event, not derive a financial advantage from the healthcare provided or healthcare-related products purchased in another Member State and tThe assumption of costs should be therefore be limited only to actual costs of healthcare receivto costs actually incurred.
Amendment 123 #
2008/0142(COD)
Proposal for a directive
Recital 25
Recital 25
(25) This Directive does not aim either to create entitlement for reimbursement of treatment or purchase of a healthcare- related product in another Member State, if such a treatment or product is not among the benefits provided for by the legislation of the patient’s Member State of affiliation. Equally this Directive does not prevent the Member States from extending their scheme for benefits- in- kind scheme to healthcareand healthcare products to healthcare or healthcare products provided in another Member State according to its provisions.
Amendment 134 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. When the circumstances under which an authorisation to go to another Member State in order to receive appropriate treatment under Article 22 of Regulation (EC) No 1408/71 must be granted are met, the provisions of that Regulation shall apply and the provisions of Articles 6, 7, 8 and 9 of this Directive shall not apply. Conversely, when an insured person seeks healthcare into go to another Member State for outpatient care in other circumstances, Articles 6, 7, 8 and 9 of this Directive apply and Article 22 of Council Regulation (EC) No 1408/71 shall not apply. However, whenever the conditions for granting an authorisation set out in Article 22(2) of Regulation (EC) No 1408/71 are fulfilled, the authorisation shall be accorded and the benefits provided in accordance with that Regulation. In that case Articles 6, 7, 8 and 9 of this Directive shall not apply.
Amendment 135 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 3 – point b a (new)
Article 3 – paragraph 3 – point b a (new)
(ba) Regulation (EEC) No 1408/71
Amendment 146 #
2008/0142(COD)
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) "cross-border healthcare" means healthcare provided in or from a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is establishedhas social security affiliation in accordance with the coordination rules laid down in Regulation (EEC) no 1408/71;
Amendment 153 #
2008/0142(COD)
Council position
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
Member States shall ensure that the healthcare providers on their territory apply the same scale of fees for healthcare for patients from other Member States, as for domestic patients in a comparable situation, or that they charge a price calculated accord. If, however, no comparable situation exists or there is no comparable price for domestic patients it may be necessary and proportionate ing to objective, non discriminatory criteria if there is no comparable price for domestic patientshe light of urgent public-interest grounds to apply a different price. Member States may decide to do so on condition that the scale of fees is calculated according to objective, non-discriminatory criteria.
Amendment 154 #
2008/0142(COD)
Proposal for a directive
Article 4 - point h
Article 4 - point h
(h) ‘Member State of affiliation’ means the Member State where the patient is an insured personhas social security affiliation in accordance with the coordination rules laid down in Regulation (EEC) No 1408/71;
Amendment 156 #
2008/0142(COD)
Proposal for a directive
Article 4 - point i
Article 4 - point i
(i) ‘Member State of treatment’ means the Member State on or from whose territory cross- border healthcare is actually provided;
Amendment 157 #
2008/0142(COD)
Proposal for a directive
Article 4 – point i a (new)
Article 4 – point i a (new)
(ia) ‘medical device’ means a medical device as defined by Directive 93/42/EEC or Directive 90/385/EEC or Directive 98/7/EC;
Amendment 158 #
2008/0142(COD)
Proposal for a directive
Article 4 – point i b (new)
Article 4 – point i b (new)
(ib) ‘goods used in connection with health care’ means goods which are used to preserve or improve a person’s health, such as medical devices and medicines;
Amendment 160 #
2008/0142(COD)
Proposal for a directive
Article 4 – point l
Article 4 – point l
(l) ‘harm’ means adverse outcomes or injuries stemming from the provision of healthcare, as defined in the national law of the Member States.
Amendment 166 #
2008/0142(COD)
Council position
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Subject to the provisions of Articles 8 and 9, the Member State of affiliation shall ensure the costs incurred by an insured person who receives cross-border healthcare are reimbursed, if the healthcare in question is among the benefits to which the insured person is entitled in the Member State of affiliation. Without prejudice to Regulation (EC) No 883/2004, the Member State of affiliation shall reimburse the costs to the Member State of treatment or the insured person which would have been paid for by its statutory social security system had equally effective healthcare been provided in its territory. If a Member State of affiliation rejects the reimbursement of this treatment, that Member State shall have to give a medical justification for its decision. In any event, it is for the Member State of affiliation to determine the healthcare that is paid for regardless of where it is provided. Patients with rare, life-threatening diseases, the treatment for which has been validated by international medical science, should have the right to access healthcare in another Member State and to receive reimbursement.
Amendment 168 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into account principles of universality, access to good quality caregeographical and financial access to good quality care, efficiency and effectiveness, continuity, equity and solidarity, they shall define clear quality and safety standards for healthcare provided on their territory, and ensure that:
Amendment 176 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) mechanisms are in place for ensuring that healthcare providers are able to meet such standards, taking into accounthealth care is genuinely provided in accordance with the quality and safety standards referred to in paragraph 1; in doing so, account shall be taken of international medical science and generally recognised good medical practices;
Amendment 178 #
2008/0142(COD)
Council position
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) involves treatments presenting a particular risk for the patient or the population or which could raise serious and specific concerns relating to the quality or safety of the care with the exception of healthcare which is subject to Union legislation ensuring a minimum level of safety and quality throughout the Union.
Amendment 186 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) patients have a means of making complaints and are guaranteed remedies and compensation whenso that they can receive compensation for any harm which they suffer harm arising from the healthcare they receive;
Amendment 189 #
2008/0142(COD)
Council position
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Patients with rare, life-threatening diseases shall not require prior authorisation for reimbursement of the cost of a treatment for the disease at least up to the level applied by the Member State where the treatment is provided.
Amendment 191 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) there is a right to continuity of care by means of the forwarding of relevant medical data concerning the patient. In this context the fundamental right to privacy with respect to the processing of personal data ismust be protected in conformity with national measures implementing Community provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC;
Amendment 193 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) patients from other Member States shall enjoy equal treatment with the nationals of the Member State of treatment, including the protection against discrimination provided for according to Community law and national legislation in force in the Member State of treatment. Equal treatment shall not prevent Member States from assigning priority to patients from their own Member State if this proves necessary in order to ensure that the impact of cross-border care on waiting times remains reasonable and manageable. Equal treatment shall not prevent Member States from setting a different price for cross-border care if this is necessary in order to take account of the cost of developing care provision and care infrastructure.
Amendment 194 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) the right to written or electronic medical records, with a view to continuity of care, must be safeguarded;
Amendment 198 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-border healthcarecross-border healthcare and is intended to improve the accessibility, quality and efficiency of health systems in the Member States.
Amendment 213 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – title
Article 6 – title
Healthcare provided in or from another Member State
Amendment 214 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare pfrovided inm another Member State, will not bethout physically visiting that Member State or seeking to purchase goods connected with health care there are not prevented from receiving this healthcare provided in another Member Stateor these goods where the treatment or goods in question isare among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory or the same or similar goods been purchased in its territory. This Directive shall not prevent Member States from adopting more favourable rules, for example that the costs of treatment shall be reimbursed at the (higher) rate which applies in the Member State where the treatment has been provided or the goods purchased. This may in particular be the case for treatments which can be provided through the European reference networks referred to in Article 15 of this Directive. In any event, it is for the Member State of affiliation to determine thewhat health care that isservices and goods are paid for regardless of where it is providthey are provided or purchased.
Amendment 222 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The costs of healthcare provided in another Member State shall, to the extent that they are among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled, be reimbursed by the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed had the same or similar healthcare been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received.
Amendment 233 #
2008/0142(COD)
Proposal for a directive
Article 3 - paragraph 2
Article 3 - paragraph 2
2. When the circumstances under which an authorisation to go to another Member State in order to receive appropriate treatment under Article 22 of Regulation (EC) No 1408/71 must be granted are met, the provisions of that Regulation shall apply and the provisions of Articles 6, 7, 8 and 9 of this Directive shall not apply. Conversely, when an insured person seeks healthcare into go to another Member State for outpatient care in other circumstances, Articles 6, 7, 8 and 9 of this Directive apply and Article 22 of Council Regulation (EC) No 1408/71 shall not apply. However, whenever the conditions for granting an authorisation set out in Article 22(2) of Regulation (EC) No 1408/71 are fulfilled, the authorisation shall be accorded and the benefits provided in accordance with that Regulation. In that case Articles 6, 7, 8 and 9 of this Directive shall not apply.
Amendment 237 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Member State of affiliation may impose on a patient seeking healthcare providedservices or goods connected with health care in another Member State, the same conditions, criteria of eligibility and regulatory and administrative formalities for receiving healthcare and reimbursement of healthcare costs as it would impose if the same or similar healthcare was provided or the same goods were purchased in its territory, in so far as they are neither discriminatory nor an obstacle to freedom of movement of personto provide goods and services.
Amendment 240 #
2008/0142(COD)
Proposal for a directive
Article 3 - paragraph 3 - point (b a) (new)
Article 3 - paragraph 3 - point (b a) (new)
(ba) Regulation (EEC) No 1408/71;
Amendment 241 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Member State where the treatment is provided shall operate a system which makes it possible to charge the actual cost of treatment to patients who are not affiliated to the social security scheme of that Member State.
Amendment 245 #
2008/0142(COD)
Proposal for a directive – amending act
Article 7
Article 7
The Member State of affiliation shall not make the reimbursement of the costs of non-hospital care provided in another Member State or the purchase of goods connected with health care which are purchased in another Member State subject to prior authorisation, where the cost of that care, if it had been provided in its territory, or of those goods, if they had been purchased in its territory, would have been paid for by its social security system.
Amendment 251 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of reimbursement of healthcare provided in another Member State in accordance with this Directive, hospital care shall mean: (a) healthcare which requires overnight accommodation of the patient in question for at least one night. (b) healthcare, included in a specific list, that does not require overnight accommodation of the patient for at least one night. This list shall be limited to: - healthcare that requires use ofInpatient care and care equated with it shall be covered by the provisions of Regulation (EEC) No 1408/71, and the provisions of Article 6 shall not apply to them. Member States shall define ‘inpatient care’ for the purposes of this Directive. Member States shall draw up a list of treatments for which highly specialised and cost-intexpensive medical infrastructure or medical equipment; or - healthcare involving treatments presenting is required or treatments which entail a particular risk forto the patient or to the populationublic and which are therefore equated with inpatient care.
Amendment 259 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (b)
Article 4 - point (b)
(b) "cross-border healthcare" means healthcare provided in or from a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is establishedhas social security affiliation in accordance with the coordination rules laid down in Regulation (EEC) no 1408/71;
Amendment 260 #
2008/0142(COD)
Amendment 268 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 280 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (h)
Article 4 - point (h)
(h) "Member State of affiliation" means the Member State where the patient is an insured personhas social security affiliation in accordance with the coordination rules laid down in Regulation (EEC) no 1408/71;
Amendment 284 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (i)
Article 4 - point (i)
(i) "Member State of treatment" means the Member State on or from whose territory cross- border healthcare is actually provided;
Amendment 285 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (i a) (new)
Article 4 - point (i a) (new)
(ia) “medical device” means a medical device as defined in Directive 93/42/EEC or Directive 90/385/EEC or Directive 98/79/EC.
Amendment 286 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (i b) (new)
Article 4 - point (i b) (new)
(ib) “goods used in connection with health care” means goods which are used to preserve or improve a person's health, such as medical devices and medicines;
Amendment 288 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system as referred to in paragraph 1 shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination.
Amendment 292 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Member State shall make publicly available all relevant information on the prior authorisation systems introduced pursuant to the provisions of paragraph 31.
Amendment 299 #
2008/0142(COD)
Proposal for a directive
Article 4 - point (l)
Article 4 - point (l)
(l) "harm" means adverse outcomes or injuries stemming from the provision of healthcare, as defined in the national law of the Member States.
Amendment 315 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – introduction
Article 5 – paragraph 1 – introduction
1. The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into account principles of universality, access to good quality caregeographical and financial access to good quality care, efficiency and effectiveness, continuity, equity and solidarity, they shall define clear quality and safety standards for healthcare provided on their territory, and ensure that:
Amendment 322 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) mechanisms are in place for ensuring that healthcare providers are able to meet such standards, taking into accounthealth care is genuinely provided in accordance with the quality and safety standards referred to in paragraph 1; in doing so, account shall be taken of international medical science and generally recognised good medical practices;
Amendment 339 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – point (a)
Article 12 – paragraph 2 – point (a)
(a) provide and disseminate information to patients in particular on their rights related to cross-border healthcare and the guarantees of quality and safety, protection of personal data, the public or private status of the care provider, the reimbursement procedure and rates, procedures for complaints and means of redress available for healthcare provided in another Member State, and on the terms and conditions applicable;
Amendment 348 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) patients have a means of making complaints and are guaranteed remedies and compensation whenso that they can receive compensation for any harm which they suffer harm arising from the healthcare they receive;
Amendment 351 #
2008/0142(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States shall ensure that registers of health care providers can be consulted in the same way by the equivalent competent authorities in other Member States as by the competent authorities in their territory.
Amendment 352 #
2008/0142(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The Commission shall organise a system for exchanging information on ethical and criminal proceedings against healthcare providers.
Amendment 353 #
2008/0142(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States shall inform the Commission of any failure by other Member States to meet their obligations regarding mutual assistance. If necessary the Commission shall take suitable measures to remedy matters.
Amendment 354 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) there is a right to continuity of care by means of the forwarding of relevant medical data concerning the patient. In this context the fundamental right to privacy with respect to the processing of personal data ismust be protected in conformity with national measures implementing Community provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC;
Amendment 356 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) patients from other Member States shall enjoy equal treatment with the nationals of the Member State of treatment, including the protection against discrimination provided for according to Community law and national legislation in force in the Member State of treatment. Equal treatment shall not prevent Member States from assigning priority to patients from their own Member State if this proves necessary in order to ensure that the impact of cross-border care on waiting times remains reasonable and manageable. Equal treatment shall not prevent Member States from setting a different price for cross-border care if this is necessary in order to take account of the cost of developing care provision and care infrastructure.
Amendment 360 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) the right to written or electronic medical records, with a view to continuity of care, must be safeguarded;
Amendment 380 #
2008/0142(COD)
Proposal for a directive
Article 15 – paragraph 3 – point b a (new)
Article 15 – paragraph 3 – point b a (new)
(ba) measures to ensure the financial affordability and geographical accessibility of European reference networks.
Amendment 383 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Healthcare provided in or from another Member State 1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare pfrovided inm another Member State, will not bethout physically visiting that Member State or seeking to purchase goods connected with health care there are not prevented from receiving this healthcare provided in another Member Stateor these goods where the treatment or goods in question isare among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory or the same or similar goods been purchased in its territory. This Directive shall not prevent Member States from adopting more favourable rules, for example that the costs of treatment shall be reimbursed at the (higher) rate which applies in the Member State where the treatment has been provided or the goods purchased. This may in particular be the case for treatments which can be provided through the European reference networks referred to in Article 15 of this Directive. In any event, it is for the Member State of affiliation to determine thewhat health care that isservices and goods are paid for regardless of where it is providthey are provided or purchased.
Amendment 397 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The costs of healthcare provided in another Member State shall, to the extent that they are among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled, be reimbursed by the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed had the same or similar healthcare been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received.
Amendment 399 #
2008/0142(COD)
Proposal for a directive
Article 20
Article 20
20. The Commission shall within five years after the date referred to in Article 22(1) draw up a report on the operation of this Directive and submit it to the European Parliament and to the Council. To that end and without prejudice to Article 22, the Member States shall communicate to the Commission any measure they have introduced, modified or maintained with a view to implement the procedures laid down in Articles 8 and 9are applying to implement the Directive.
Amendment 409 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Member State of affiliation may impose on a patient seeking healthcare providedservices or goods connected with health care in another Member State, the same conditions, criteria of eligibility and regulatory and administrative formalities for receiving healthcare and reimbursement of healthcare costs as it would impose if the same or similar healthcare was provided or the same goods were purchased in its territory, in so far as they are neither discriminatory nor an obstacle to freedom of movement of personto provide goods and services.
Amendment 424 #
2008/0142(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Member State where the treatment is provided shall operate a system which makes it possible to charge the actual cost of treatment to patients who are not affiliated to the social security scheme of that Member State.
Amendment 436 #
2008/0142(COD)
Proposal for a directive
Article 7
Article 7
The Member State of affiliation shall not make the reimbursement of the costs of non-hospital care provided in another Member State or the purchase of goods connected with health care which are purchased in another Member State subject to prior authorisation, where the cost of that care, if it had been provided in its territory, or of those goods, if they had been purchased in its territory, would have been paid for by its social security system.
Amendment 444 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of reimbursement of healthcare provided in another Member State in accordance with this Directive, hospital care shall mean: (a) healthcare which requires overnight accommodation of the patient in question for at least one night. (b) healthcare, included in a specific list, that does not require overnight accommodation of the patient for at least one night. This list shall be limited to: - healthcare that requires use ofInpatient care and care equated with it shall be covered by the provisions of Regulation (EEC) No 1408/71, and the provisions of Article 6 shall not apply to them. Member States shall define 'inpatient care' for the purposes of this Directive. Member States shall draw up a list of treatments for which highly specialised and cost-intexpensive medical infrastructure or medical equipment; or - healthcare involving treatments presenting is required or treatments which entail a particular risk forto the patient or to the populationublic and which are therefore equated with inpatient care.
Amendment 458 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 469 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 488 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system referred to in paragraph 1 shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination.
Amendment 496 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Member State shall make publicly available all relevant information on the prior authorisation systems introduced pursuant to the provisions of paragraph 31.
Amendment 574 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) provide and disseminate information to patients in particular on their rights related to cross-border healthcare and the guarantees of quality and safety, protection of personal data, the public or private status of healthcare providers, repayment procedures and rates, procedures for complaints and means of redress available for healthcare provided in another Member State, and on the terms and conditions applicable;
Amendment 606 #
2008/0142(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Member States shall ensure that registers of healthcare providers may be consulted by the relevant authorities of other Member States in the same way as by the equivalent authorities situated in their own territory.
Amendment 607 #
2008/0142(COD)
Proposal for a directive
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. The Commission shall organise a system for exchanges of information concerning ethical and criminal proceedings against healthcare providers.
Amendment 608 #
2008/0142(COD)
Proposal for a directive
Article 13 – paragraph 2 c (new)
Article 13 – paragraph 2 c (new)
2c. Member States shall inform the Commission of any failure by other Member States to meet their obligations regarding mutual assistance. If necessary the Commission shall take suitable necessary measures to remedy matters.
Amendment 668 #
2008/0142(COD)
Proposal for a directive
Article 15 - paragraph 3 - point b a (new)
Article 15 - paragraph 3 - point b a (new)
(ba) measures to ensure the financial affordability and geographical accessibility of European reference networks.
Amendment 705 #
2008/0142(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
To that end and without prejudice to Article 22, the Member States shall communicate to the Commission any measure they have introduced, modified or mainare takinedg with a view to implement the procedures laid down in Articles 8 and 9. directive.
Amendment 120 #
2008/0028(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 125 #
2008/0028(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 143 #
2008/0028(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 156 #
2008/0028(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Derogations for micro-enterprises Handcrafted products produced by micro- enterprises shall be exempted from the requirement laid down in Article 9(1)(l). Those products may also be exempted from the information requirements laid down in Article 9(1)(a) to (k) if they are sold on the site of production and the sales staff are able to provide the information on request. Alternatively, the information may be given via labels on the shelves.
Amendment 221 #
2008/0028(COD)
Proposal for a regulation
Article 25 – paragraph 2 – point b
Article 25 – paragraph 2 – point b
Amendment 239 #
2008/0028(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 250 #
2008/0028(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
Amendment 252 #
2008/0028(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
Amendment 264 #
2008/0028(COD)
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
Amendment 126 #
2008/0018(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Toys or their parts and packaging that can reasonably be expected to be brought into contact with food should comply with the requirements of Regulation (EC) No 1935/2004 on materials intended to come into contact with food.
Amendment 128 #
2008/0018(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Since toys may exist or be developed which present hazards which are not covered by a particular safety requirement laid down in this Directive, it is necessary to set a general requirement of safety as the legal base for taking action against such toys. In this respect safety of toys should be determined by reference to the intended use of the product while taking into account the foreseeable use, bearing in mind behaviour of children, who do not generally show the same degree of care as the average adult user. If scientific evidence does not allow this risk assessment, Member States, in particular through their competent authorities, should apply the precautionary principle.
Amendment 245 #
2008/0018(COD)
Proposal for a directive
Article 52
Article 52
Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which weare placed on the market before this Directive entered into for[2 years after the entry into force of this Directive]. Annex II, Part III shall only apply to toys placed or at the latest 2n the market after [5 years after this Directive enteredry into force. of this Directive/31 May 2013]
Amendment 251 #
2008/0018(COD)
Proposal for a directive
Annex I – point 17 a (new)
Annex I – point 17 a (new)
17a. Books that do not contain any elements or added objects others than those in paper or cardboard.
Amendment 339 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 7
Annex II – Part III – point 7
7. Toys shall not contain the following allergenic fragrances: (1) Alanroot (Inula helenium) (2) Allylisothiocyanate (3) Benzyl cyanide (4) 4 tert-Butylphenol (5) Chenopodium oil (6) Cyclamen alcohol (7) Diethyl maleate (8) Dihydrocoumarin (9) 2,4-Dihydroxy-3-methylbenzaldehyde (10) 3,7-Dimethyl-2-octen-1-ol (6,7- Dihydrogeraniol) (11) 4,6-Dimethyl-8-tert-butylcoumarin (12) Dimethyl citraconate (13) 7,11-Dimethyl-4,6,10-dodecatrien-3- one (14) 6,10-Dimethyl-3,5,9-undecatrien-2- one (15) Diphenylamine (16) Ethyl acrylate (17) Fig leaf, fresh and preparations (18) trans-2-Heptenal (19) trans-2-Hexenal diethyl acetal (20) trans-2-Hexenal dimethyl acetal (21) Hydroabietyl alcohol (22) 4-Ethoxy-phenol (23) 6-lsopropyl-2-decahydronaphthalenol (24) 7-Methoxycoumarin (25) 4-Methoxyphenol (26) 4-(p-Methoxyphenyl)-3-butene-2-one (27) 1-(p-Methoxyphenyl)-1-penten-3-one (28) Methyl trans-2-butenoate (29) 6-Methylcoumarin (30) 7-Methylcoumarin (31) 5-Methyl-2,3-hexanedione (32) Costus root oil (Saussurea lappa Clarke) (33) 7-Ethoxy-4-methylcoumarin (34) Hexahydrocoumarin (35) Peru balsam (Myroxylonpereirae Klotzsch) (36) 2-Pentylidene-cyclohexanone (37) 3,6,10-Trimethyl-3,5,9-undecatrien-2- one (38) Verbana oil (Lippia citriodora Kunth). (39) Musk ambrette (40) 4-Phenyl-3-buten-2-one (41) Amyl cinnamal (42) Amylcinnamyl alcohol (43) Benzyl alcohol (44) Benzyl salicylate (45) Cinnamyl alcohol (46) Cinnamal (47) Citral (48) Coumarin (49) Eugenol (50) Geraniol (51) Hydroxycitronellal (52) Hydroxymethylpentylcyclohe xenecarboxaldehyde (53) Isoeugenol However, the presence of traces of these substances shall be allowed provided that such presence is technically unavoidable in good manufacturing practice. In addition the following allergenic fragrances shall be listed if added to toys, as such, at concentrations exceeding 0,01 % by weight: (1) Amyl cinnamal (2) Amylcinnamyl alcohol (3) Anisyl alcohol (4) Benzyl alcohol (5nisyl alcohol (2) Benzyl benzoate (63) Benzyl cinnamate (7) Benzyl salicylate (8) Cinnamal (9) Cinnamyl alcohol (10) Citral (11) Citronellol (12) Coumarin (13) Eugenol (14) Farnesol (15) Geraniol (14) Citronellol (5) Farnesol (6) Hexyl cinnamaldehyde (17) Hydroxy-citronellal (18) Hydroxy- methylpentylcyclohexenecarboxaldehyde (19) Isoeugenol (20) Lilial (referred to in the Cosmetics Directive in entry 83 as: 2-(4-tert- Butylbenzyl) propionaldehyde (21Lilial (8) d-Limonene (229) Linalool (2310) Methyl heptine carbonate (24) 11)3-methyl-4-(2,6,6-trimethyl-2- cyclohexen-1-yl)-3-buten-2-one (125) Oakmoss extracts (2613) Treemoss extracts
Amendment 370 #
2008/0018(COD)
Proposal for a directive
Annex V - Part B - Point 7
Annex V - Part B - Point 7
Toys contained in food or co-mingled with food shall contain the warning: “Adult supervision strongly recommended”.
Amendment 23 #
2007/2287(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Supports a coherent European suggestion providingtresses that, in the financial services sector, just as more generally in the field of consumers access to balanced forms of collective redress ffairs, it is advisable to await the results of the study organised by the European Commission before the settlement of cross-border complaints related to retail financial productsaking any decision regarding either the principle of introducing a possible European system of collective redress or the nature thereof.
Amendment 11 #
2007/2257(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that an ambitious DPIIPR policy is a key element in the competitiveness of industrial companies and particularly SMEs, and; therefore the reaching of an agreement on the Community patent and increasing efforts of custom services to fight counterfeiting are crucial;
Amendment 14 #
2007/2257(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the importance of modern standardisation systems and encourages the Commission to speed up the implementation of new approach standards, while respecting the needs of SMEs and strengthening the participation of SME representatives;
Amendment 20 #
2007/2257(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a Stresses the importance of support measures to accommodate industrial change and calls for extending these measures to SMEs affected by such change;
Amendment 64 #
2007/0286(COD)
Council position
Recital 18
Recital 18
Amendment 65 #
2007/0286(COD)
Council position
Recital 19
Recital 19
Amendment 103 #
2007/0286(COD)
Council position
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Decisions on the BAT conclusions from BAT reference documents resulting from the exchange of information organised, pursuant to this Article, after the date referred to in Article 83 shall be adopted in accordance with the regulatory procedure referred to in Article 75(2).
Amendment 126 #
2007/0286(COD)
Council position
Article 15 – paragraph 2 – subparagraph 1a (new)
Article 15 – paragraph 2 – subparagraph 1a (new)
For BAT reference documents adopted before the entry into force of the Directive, emission limit values shall also take into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions.
Amendment 136 #
2007/0286(COD)
Council position
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
4. By way of derogation from paragraph 3, tThe competent authority may, in specific cases, on the basis of an assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions, set emission limit values deviating from those set by the application of paragraph 3.
Amendment 165 #
2007/0286(COD)
Council position
Article 16 – paragraph 2 – subparagraph 2 a (new)
Article 16 – paragraph 2 – subparagraph 2 a (new)
In the event that provisions regarding water and soil protection are already being implemented at national level, Member States shall not oblige the operator to carry out the periodic monitoring.
Amendment 173 #
2007/0286(COD)
Council position
Article 21 – paragraph 3 – subparagraph 1 a (new)
Article 21 – paragraph 3 – subparagraph 1 a (new)
Competent authorities may set a longer time period for the reconsideration and updating of permit conditions where this is justified on the basis of the criteria laid down in this Directive.
Amendment 189 #
2007/0286(COD)
Council position
Article 22 – paragraph 2 – subparagraph 1 a (new)
Article 22 – paragraph 2 – subparagraph 1 a (new)
In cases where provisions regarding water and soil protection are already being implemented at national level, Member States shall not oblige the operator to draft a baseline report.
Amendment 196 #
2007/0286(COD)
Council position
Article 22 – paragraph 3– subparagraph 1 a (new)
Article 22 – paragraph 3– subparagraph 1 a (new)
In cases where provisions regarding water and soil protection are already being implemented at national level, Member States shall not oblige the operator to assess the state of soil and groundwater contamination by relevant hazardous substances used, produced or released by the installation.
Amendment 214 #
2007/0286(COD)
Council position
Article 23 – paragraph 6 – subparagraph 2
Article 23 – paragraph 6 – subparagraph 2
The draft report shall be sent to the operator concerned and the final report shallwithin two months of the site visit taking place and the final report shall, three months after the site visit, be made publicly available in accordance with Article 3 of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information within three months of the site visit taking place.
Amendment 277 #
2007/0286(COD)
Council position
Article 73 – paragraph 2 - point a – subpoint ii
Article 73 – paragraph 2 - point a – subpoint ii
Amendment 278 #
2007/0286(COD)
Council position
Article 73 – paragraph 2 - point a – subpoint iii
Article 73 – paragraph 2 - point a – subpoint iii
Amendment 280 #
2007/0286(COD)
Council position
Article 73 – paragraph 2 – point b
Article 73 – paragraph 2 – point b
Amendment 11 #
2007/0037B(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
It is appropriatsensible therefore to provide an exemption to those businesses from the requirement of Article 5(1) of Regulation (EC) No 852/2004, it being understood that they must comply with all the other requirements of that Regulation.
Amendment 12 #
2007/0037B(COD)
Proposal for a regulation – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) The competent authorities of Member States may take a different decision in respect of specific business sectors, if necessary, after conducting a public- health risk analysis and an impact assessment concerning the additional bureaucracy involved.
Amendment 22 #
2007/0037B(COD)
Proposal for a regulation – amending act
Article 2
Article 2
Regulation (EC) No 852/2004
Article 5 – paragraph 3
Article 5 – paragraph 3
"Without prejudice to the other requirements of this Regulation as regards good hygiene practices, paragraph 1 shall not apply to businesses which are micro- enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 and the activities of which consist predominantly in the direct sale of food to the final consumer."
Amendment 23 #
2007/0037B(COD)
Proposal for a regulation – amending act
Article 2
Article 2
Regulation (EC) No 852/2004
Article 5 – paragraph 3
Article 5 – paragraph 3
"Without prejudice to the other requirements of this Regulation as regards sound hygienic practices, paragraph 1 shall not apply to businesses which are micro- enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 and the activities of which consist predominantly in the direct sale of food to the final consumer. The competent authorities of Member States may take a different decision in respect of specific business sectors, if necessary, after conducting a public-health risk analysis and an impact assessment concerning the additional bureaucracy involved."
Amendment 235 #
2006/0136(COD)
Article 4 – paragraph 7 – subparagraph 1
7. By way of derogation from paragraph 1, where on the basis of documented evidence an active substance is necessary to control a serious danger to plant health which cannot be contained by other available means, such active substance may be approved for a time limited period not exceeding five years even if it does not satisfy the criteria set out in points 3.6.3, 3.6.4, 3.6.5, 3.7.2, 3.7.3, 3.8.1 or 3.8.2 of Annex II, provided that the use of the active substance is subject to risk mitigation measures to ensure that exposure of humans and the environment is minimised. For such substances maximum residue levels shall be set in accordance with Regulation (EC) No 396/2005.
Amendment 303 #
2006/0136(COD)
Annex II - point 3.6.3.
3.6.3. An active substance, safener or synergist shall only be approved, if, on the basis of assessment of carcinogenicity testing carried out in accordance with the data requirements for the active substances, safener or synergist and other available data and information, including a review of the scientific literature, reviewed by the Authority, it is not or has not to be classified, in accordance with the provisions of Directive 67/548/EEC, as carcinogen category 1 or 2, unless the exposure of humans to that active substance, safener or synergist in a plant protection product, under realistic proposed conditions of use, is negligible, i.e. the product is used in closed systems or in other conditions excluding contact withmargin of safety for humans aund where residues of the active substance, safener or synergist concerned on food and feed do not exceed the default value alistic proposed conditions of all usets in accordance with point (b) of Article 18(1) of Regulation (EC) No 396/s higher than 2005.
Amendment 305 #
2006/0136(COD)
Annex II - point 3.6.4.
3.6.4. An active substance, safener or synergist shall only be approved if, on the basis of assessment of reproductive toxicity testing carried out in accordance with the data requirements for the active substances, safeners or synergists and other available data and information, including a review of the scientific literature, reviewed by the Authority, it is not or has not to be classified, in accordance with the provisions of Directive 67/548/EEC, as toxic for reproduction category 1 or 2, unless the exposure of humans to that active substance, safener or synergist in a plant protection product, under realistic proposed conditions of use, is negligible, i.e. the product is used in closed systems or in other conditions excluding contact withmargin of safety for humans aund where residues of the active substance, safener or synergist concerned on food and feed do not exceed the default value alistic proposed conditions of all usets in accordance with point (b) of Article 18(1) of Regulation (EC) No 396/s higher than 2005.
Amendment 314 #
2006/0136(COD)
Annex II - point 3.6.5.
3.6.5. An active substance, safener or synergist shall only be approved if, on the basis of the assessment of Community or internationally agreed test guidelines or other available data and information, including a review of the scientific literature, reviewed by the Authority, it is not considered to have endocrine disrupting properties that may cause adverse effect in humans, unless the exposure of humans to that active substance, safener or synergist in a plant protection product, under realistic proposed conditions of use, is negligible, i.e. the product is used in closed systems or in other conditions excluding contact withmargin of safety for humans aund where residues of the active substance, safener or synergist concerned on food and feed do not exceed the default value alistic proposed conditions of all usets in accordance with point (b) of Article 18(1) of Regulation (EC) No 396/s higher than 2005.
Amendment 323 #
2006/0136(COD)
Annex II - point 3.8.2.
3.8.2. An active substance, safener or synergist shall only be approved if, on the basis of the assessment of Community or internationally agreed test guidelines, it is not considered to have endocrine disrupting properties that may cause adverse effects on non-target organisms unless the exposure of non-target organisms to that active substance in a plant protection product is negligible, i.e. under realistic proposed conditions of use is negligiblethe product does not lead to unacceptable negative effects in the environment.