273 Amendments of John PROCTER
Amendment 410 #
2018/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that subsidiarity for Member States should only be gris importanted within a common set of rules and tools agreed at EU level and as part of a uniformstandard approach to all programming efforts and eligibility criteria, should cover both of the CAP’s pillars and ensure, in particular, a European approach in Pillar I and thus a level playing field;
Amendment 452 #
2018/2037(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the efforts of the Commission to establish programme design, implementation and control of an output-based approach, based on accurate and current science, in order to foster performance rather than compliance, while ensuring adequate monitoring via clearly defined, solid and measurable indicators at EU level, including an appropriate system of quality control and penalties;
Amendment 479 #
2018/2037(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to ensure that financial and performance control and audit functions are performed to the same high standard and under the same criteria across all Member States, irrespective of enhanced flexibility for Member States in programme design and management, and with a view, in particular, to ensuring a timely disbursement of funds across Member States to all eligible famers;
Amendment 586 #
2018/2037(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Acknowledges the current uncertainty which exists around the future CAP budget;
Amendment 627 #
2018/2037(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that more targeted support for familylow- income farms is necessary and can be achieved by introducing a compulsory higher support rate for smalllow- income farms; considers, moreover, that support for larger farms should be digressive, reflecting economies of scale, with the possibility for voluntary capping to be decided by the Member States;
Amendment 735 #
2018/2037(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need for a fairer distribution of direct payments between Member States, which must take into account socio-economic differencindividual farm needs and incomes, different production costs and the amounts received by Member States under Pillar II;
Amendment 759 #
2018/2037(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that direct payments are there to support farmers in food production and protection of environmental and animal welfare standards;
Amendment 895 #
2018/2037(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the importance of rural development, including the LEADER initiative, in supporting multi-functional agriculture and in fostering additional entrepreneurial activities and agri- business opportunities, in order to generate income from agri- tourism, and to secure community- supported agriculture and the provision of social services in rural areas;
Amendment 946 #
2018/2037(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to introduce a new and comprehensive legal framework which allows the integration of the various types of environmental actions at present, such as cross compliance, greening and the good agricultural and environmental conditions (GAEC) standards, as well as agri-environment measures (AEMs) for rural development, so that farmers can deliver effectively and with less bureaucracy on environmental care, biodiversity and climate achange mitigation, while ensuring that Member States have adequate control and taking into account local conditions;
Amendment 1021 #
2018/2037(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to foster innovation and modernisation in agriculture by supporting training and agricultural extension as a pre-condition in programme design and implementation in all Member States, while fostering the transfer of know-how and the exchange of best practice models between Member Statesin all Member States and believes that the principles underpinning precision farming can generate significant benefits for the environment, increase farmers' income, rationalise the use of agricultural machinery and significantly increase resource efficiency;
Amendment 1131 #
2018/2037(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Insists on the critical need for the future CAP to support farmers more efficiently in order to cope with price and income volatility due to climate, bad weather, health and market risks, and unexpected high bills by creating additional incentives for flexible risk management and stabilisation tools while ensuring broad accesch are easily accessible for all farmers;
Amendment 1241 #
2018/2037(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that while trade agreements are beneficial to the EU agricultural sector overall, and necessary for strengthening the EU’s position on the global agricultural market, they also pose a number of challenges that require reinforced safeguard mechanisms to ensure a level playing field between farmers in the EU and in the rest of the world;European production should not be undermined by inferior and substandard imports
Amendment 13 #
2017/2117(INI)
Motion for a resolution
Recital A
Recital A
A. whereas sheep- and goat-farming are low-profit-making sectors, with incomes that are among the weaklowest in the EU, chiefly as a result of high operating and regulatory costs, sometimes exceeding sales prices, causing many farmers to leave the sectors;
Amendment 15 #
2017/2117(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the average age of sheep and goat farmers is increasing, which leaves the sector vulnerable to a lack of skills and knowledge in the future;
Amendment 56 #
2017/2117(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the sheep meat market is highly seasonal, which can leave farmers and producers in economic uncertainty;
Amendment 60 #
2017/2117(INI)
Motion for a resolution
Recital G
Recital G
G. whereas there is a need to increase the value added in meat production and to introduce innovative new formulas more in step withappeal to the consumer habits of young people;
Amendment 70 #
2017/2117(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, in recent years, New Zealand has increased exports of premium meat cuts and fresh or chilled meat, reducing its traditional exports of frozen meat, thus having a greater impact on the EU fresh-meat and high value meat market;
Amendment 91 #
2017/2117(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the protection afforded to certain animal species under the Habitats Directive has led to increased attacks on herds of sheep and goats by wolves, bears, lynxes and lynfoxes, thus worsening the precarious situation in which some farms find themselves;
Amendment 97 #
2017/2117(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas vaccination of sheep and goats not only protects Member States’ flocks against cross-border diseases but also helps to mitigate the effects of antimicrobial resistance; whereas the cheaper cost of antimicrobials exacerbates this problem;
Amendment 140 #
2017/2117(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to step up support for innovation and the promotion of sheep- and goatmeat in the internal market, emphasising not only traditional products, but also newer cuts marketed to younger consumers; to counteract the idea that lamb is difficult to cook and goes against the current trend of avoiding red meat;
Amendment 182 #
2017/2117(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 197 #
2017/2117(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Supports maintaining, through direct payments, support for sheep and goat farmers;
Amendment 206 #
2017/2117(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. urges Member States to help sheep and goat farmers so that they may improve their productivity and competitiveness; emphasises that this should be market-driven;
Amendment 234 #
2017/2117(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognises the contribution of sheep and goat farming to countryside maintenance across the EU;
Amendment 240 #
2017/2117(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission and Member States to consider measures to improve transparency in the market, as well as the possibility of harmonising arrangements on carcasses, and such as the establishment of a European observatory monitoring the prices and production costs of sheep- and goatmeat;
Amendment 252 #
2017/2117(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. believes a sheep’s age should be estimated by a method approved by the competent authority of the Member State of slaughter, or when a permanent incisor has erupted through the gum;
Amendment 254 #
2017/2117(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission to introduce a standard specification for sheep/ lamb carcasses in which they are classified and weighed before trimming; believes that existing dressing specifications and price reporting for sheep and goats collected by the EU under EC regulation 1308/2013 should be amended to make dressing and reporting to the European Commission scale as set out in 2137/1992 mandatory, as is required for cattle and pigs; believes these standardisation measures will allow for stronger market signals;
Amendment 285 #
2017/2117(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. emphasises the importance of zero-free tariff trade between the UK and the EU being able to continue post-Brexit;
Amendment 314 #
2017/2117(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission and the Member States to consider harmonstandardising tolerance levels when punishing livestock farmers for inadvertent errorsadministrative errors in farm records or in the application of the electronic identification system; to allow batch reporting for off-farm movements where the Member State is able to show a high proportion of movements recorded on an individual animal basis;
Amendment 345 #
2017/2117(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Commission and Member States in consultation with farmers and other stakeholders to consider rural development measures to protect herds from attack from predators and look into reviewing the Habitats Directive, with the aim of controlling the spread of predators in certain grazing areas;
Amendment 366 #
2017/2117(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on Member States to take steps that support vaccination uptake to combat the rise of antimicrobial resistance and to combat the spread of infectious diseases in sheep and goats;
Amendment 1 #
2017/2115(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the European week of bees and pollination – EU Bee Week – which has been held at the European Parliament since 2012,
Amendment 2 #
2017/2115(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the EFSA report ‘Collecting and Sharing Data on Bee Health: Towards a European Bee Partnership’ of September 2017, which put into practice the European Bee Partnership
Amendment 11 #
2017/2115(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the beekeeping sector is hugely significant (around EUR 14.2 annually), as 84 % of plant species and 76 % of food production are dependent on pollination by wild and domestic bees, which also helps maintain the ecological balance and biological diversity in Europe;
Amendment 47 #
2017/2115(INI)
Motion for a resolution
Recital F
Recital F
Amendment 51 #
2017/2115(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the causes of bee mortality are multifaceted and vary markedly according to geographical area, local characteristics and climatic conditions;
Amendment 58 #
2017/2115(INI)
Motion for a resolution
Recital H
Recital H
H. whereas farmbeekeepers are often powerless to combat bee diseases and parasites as they lack clear information, training and effective means of counteracting these threats; pointing out that beekeepers receive support for protective measures against Varroa destructor, which there has so far been no success in eradicating as there are no effective remedies as yet and R&D efforts are very inadequate, not least as regards treating hives (treatment against parasitic species, the impact of bee diets, exposure to chemical products); whereas beekeepers are obliged to declare diseases and the parasites affecting them, entailing the systematic destruction of hives; stressing that this may encourage beekeepers not to declare diseases and pests;
Amendment 72 #
2017/2115(INI)
Motion for a resolution
Recital I
Recital I
I. whereas beekeepers, agricultural producers and environmentalists also expect there to be a clear scientific consensus on all substances and other factors which are a danger to bees’ healththe causes of bee mortality and the ways to eliminate these; noting that the lack of coordination of research into pollinators at European level is resulting in a proliferation of studies whose varying – and even contradictory – scientific findings can be partially ascribed to the use of different analytical methods and research protocols; stressing that this confused situation is hampering efforts to counter pollinator mortality;
Amendment 79 #
2017/2115(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. Highlights the importance of the sharing of harmonised, accessible and up- to-date data in relation to bee health and challenges with all stakeholders across Europe and notes the positive potential of digital tools and platforms in this regard, notes that the collection of data in relation to bee health should not place an additional burden on beekeepers;
Amendment 90 #
2017/2115(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas it is important to step up dialogue and cooperation among all the stakeholders (beekeepers, farmers, scientists, NGOs, local authorities, plant protection industries, the private sector, veterinarians and the general public), including on the collection and sharing of data;
Amendment 95 #
2017/2115(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the statistics indicate progress in the EU’s beekeeping sector, with an increase in the number of bee colonies and honey production over the past 15 years and an ongoing rise in the number of beekeepers, and especially of amateur beekeepers;
Amendment 104 #
2017/2115(INI)
Motion for a resolution
Recital L
Recital L
L. whereas beekeepers alwaysre produceing less and less honey once the winter is over, because of autumn and winter losses which can be as much as 50 % in some Member States, and as a result of the thinning of colonies in that period;
Amendment 111 #
2017/2115(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. whereas the increase in bee mortality has forced beekeepers to buy new colonies more regularly, resulting in an increase in the production costs for honey products; noting also that the cost of a bee colony has increased at least four times over in recent years; noting lastly that replacing a bee colony can often lead to a decrease in production in the short and medium term, since new colonies are less productive when first being established;
Amendment 115 #
2017/2115(INI)
Motion for a resolution
Recital N
Recital N
N. whereas there has been a two-fold increase in the amount of honey produced and exported in some countries over the past 15 years whils; deplores the fact that the EU is barely 560% self- sufficient in honey – a figure which is not increasing – cannot be explainewhile the number of hives in the EU nearly doubled between 2003 and 2016 and the number of beekeepers increased from around 470 000 to around 630 000 during the same period; whereas in 2015 the three leading European producers of honey were Romania, Spain and Germany, followed by Hungary, Greece, France and Poland;
Amendment 120 #
2017/2115(INI)
Motion for a resolution
Recital O
Recital O
O. whereas every year the EU imports 25about 40% of the honey it uses (60 % of its annual imports) each year from these countries, which is why Europe’s beekeepers are in dire straitconsumed in the EU; whereas, in 2015, the honey imported was on average 2.3 times cheaper than the honey produced in the Union, creating a serious competitive disadvantage for Europe’s beekeepers compared to producers from third countries;
Amendment 134 #
2017/2115(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas since 2001 the amount of honey in the world’s major honey- producing regions has stagnated or decreased as a result of the poor health of bees, whilst the amount of honey produced in China has increased by over 80 % (20doubled (to around 450 000 tonnes in 2012);
Amendment 137 #
2017/2115(INI)
Motion for a resolution
Recital R
Recital R
R. whereas 100 000 tonnes of imported honey arrives in the EU from China every yearin 2015 half of the EU’s imported honey (200 000 tonnes) came from China – double the amount in 2002 – even though the number of bee colonies has declined in other parts of the world;
Amendment 148 #
2017/2115(INI)
Motion for a resolution
Recital V
Recital V
V. whereas the honey samples from the Member StatMember State honey samples were tested by the Joint Research Centre, which found, among other things, that 20 % of the samples taken at the EU’s external border and at importers’ premises were fake honeythat did not respect the honey composition and/or honey production processes laid down in the Honey Directive (2001/110/EC), and 14% of the samples contained added sugar;
Amendment 151 #
2017/2115(INI)
Motion for a resolution
Recital X
Recital X
X. whereas the imbalance which developed in the European honey market caused the purchase price of honey in the EU’s main producing countries (Romania, Bulgaria, Spain, Portugal, France, Croatia and Hungary) to halve by the end of 2016 as compared with the 2014 price, which is puttingcontinues to put Europe’s beekeepers in a hopelessdifficult and unsustainable position;
Amendment 152 #
2017/2115(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the ‘HoneyRecital 6 of the amending Directive states that under Directive’ ( 2001/110/EC) sets out that the country of origin must be indicated but that a simplified indicatio, where honey originates in more than one Member State or third country, the mandatory indication of the countries of origin may be used instead, e.g.replaced by one of the following, as appropriate: ‘blend of EC honeys’, ‘blend of non- EC honeys’ or, ‘blend of EC and non-EC honeys’; , however following the entry into force of the Treaty of Lisbon, the European Union replaced and succeeded the European Community and the relevant labelling requirements were clarified and with the replacement of the reference to ‘EC’ by a reference to ‘EU’;”
Amendment 168 #
2017/2115(INI)
Motion for a resolution
Recital AF
Recital AF
AF. whereas other beekeeping products such as pollen, propolis, beeswax and royal jelly also contribute significantly to people’s wellbeing and play an important role in the healthcare and cosmetics industries; whereas, however, these products are not defined in the ‘Honey’ Directive (2001/110/EC), which mitigates against implementing an effective sectoral policy and impedes quality-based approaches and the fight against fraud;
Amendment 217 #
2017/2115(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Proposes a 47.8% increase in the EU budget for national beekeeping programmes – in line with the actual increase in the bee population – as compared with the 2004 level, which translates as EUR 47 million annuallyNotes the importance of a robust budget allocation for national beekeeping programmes and given the importance of the sector to agriculture overall, calls on the Commission to ensure its prominence in future agricultural policy negotiations in terms of support, research and innovation and beekeeping education programmes;
Amendment 223 #
2017/2115(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 244 #
2017/2115(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that it would be wise to share beekeeping research topics and the findings which result – particularly where these are financed by the EU – among the Member States in order to avoid duplication; to set up a common database, harmonised at EU level; and to improve the sharing of such information among all parties involved, in particular beekeepers; therefore calls on the Commission to boost EFSA’s research programmes in this area, particularly the ‘Collecting and Sharing Data on Bee Health: towards a European Bee Partnership’ project, which was launched as part of the European Week of Bees and Pollination;
Amendment 256 #
2017/2115(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to adopt recommendations in order to introduce a uniform, high-quality basic and vocational beekeeping education programme in the EUwork with the sector to develop a code of best practice in beekeeping, supported via access at Member State level to high- quality training;
Amendment 262 #
2017/2115(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 272 #
2017/2115(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 293 #
2017/2115(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Understands that some invasive alien species such as the Varroa destructor, the small hive beetle (Aethina tumida), the Asian hornet and American foulbrood, as well as some pathogens, are the main cause of bee mortality and are causing serious harm to beekeepers and widespread destruction among bees; calls on the Commission to draw up an inventory to evaluate the existing and emerging health risks at EU and international level prior to setting up an action plan to combat bee mortality; proposes making the fight against Varroa compulsory at EU level;
Amendment 313 #
2017/2115(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to involve all relevant drug producers in research into bee drugs, primarily to combat Varroa, and to set up a common IT platform to share best solutions and drugs with interested parties;
Amendment 330 #
2017/2115(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and the regions to use all means possible to protect local and regional bee varietspecies from the undesirable spread of naturalised or invasive alien varieties in the EU; species and alien species of flora or fauna in the EU which have a direct and/or indirect impact on pollinators;
Amendment 342 #
2017/2115(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the European Food Safety Authority to carry outCommission to undertake increased research (laboratory analyses and field experiments), according to a clearly-determined schedule and together with the other EU agencies concerned, into allinto all practices, substances and other factors which endanger bee health;
Amendment 435 #
2017/2115(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Asks that the ‘blend of EC and non- EC honeys’ descriptor be replaced by an traceability mechanism allowing for the indication of exactly which country or countries the honeys used in the final products come from and that these be listed in the order which corresponds to the proportions used in the final product;
Amendment 440 #
2017/2115(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Supports the idea of the Member States making it obligatory to indicate the placeNotes that Directive 2001/110/EC and the 2014 amending Directive require the country of origin ofwhere the honey on honey and otherhas been harvested to bee products, as is the case with certain meat and dairy productsindicated on the label where the honey originates in one Member State or one third country;
Amendment 450 #
2017/2115(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 467 #
2017/2115(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 477 #
2017/2115(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Asks the Commission to ensure that the EU declares honey and other bee products to beare considered as ‘sensitive products’ in future free trade agreement negotiations where direct competition would expose the EU apiculture sector to excessive or unsustainable pressure;
Amendment 23 #
2017/2068(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
- having regard to Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union
Amendment 99 #
2017/2068(INI)
1. Stresses that the sharp increase in ransomware, botnets and the unauthorised impairment of computer systems has an impact on the availability and integrity of personal data, as well as on the protection of privacy and fundamental freedoms, as exemplified by the May 2017 WannaCry randsomware attack which affected more than 300,000 machines across 150 countries;
Amendment 117 #
2017/2068(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores that cyber-attacks against businesses often remain undetected or unreported; believes that the obligation to disclose security breaches introduced by the GDPR and the NIS Directive will help to address this problem;
Amendment 209 #
2017/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that businesses should conduct regular vulnerability assessments, and fix existing vulnerabilities in their products or services including through patch management policies, mitigate the effect of randsomware attacks such as WannaCry by setting up robust back up regimes, and consistently report cyber- attacks;
Amendment 242 #
2017/2068(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that innovation should not be hampered by unnecessary red tape for software developers and hardware producers; encourages the private sector to implement voluntary technologically neutral measures aimed at bolstering trust in the security of software and devices, such as the IoT trust label;
Amendment 255 #
2017/2068(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to put forward legislative measures setting out clear definitions and minimum penalties for the dissemination of fake news and onlencourage Members States and international partners to ratify and implement existing treaties, such as the Budapest Convention on Cybercrime, which makes provisions regardineg incitement to hate, the related obligations of internet service providers and penalties in the event of non- complianceternet service providers' obligation to collect, within their existing technical ability, traffic data in real-time, and co- operate and assist the competent authorities in its collection or recording;
Amendment 393 #
2017/2068(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Calls for sufficient funding and posts to be made available tofunding to be reallocated with more posts made available if necessary for the European Union’s Judicial Cooperation Unit (Eurojust) to allow the agency to cope with its increasing cybercrime related workload, as well as to develop and strengthen further its support to national cybercrime prosecutors in cross-border cases, including via the recently established European Judicial Cybercrime Network;
Amendment 417 #
2017/2068(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Takes note of the fact that the highest number of law enforcement requests is sent to the United States and Canada; is concerned thatexpresses support for further efforts to increase the voluntary disclosure rate of big US service providers in response to requests from European criminal justice authorities falls short ofrom 60 %;
Amendment 96 #
2017/0293(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Reduction levels for the Union- wide fleets of new passenger cars and light commercial vehicles should therefore be set for 2025 and for 2030, taking into account the vehicle fleet renewal time and the need for the road transport sector to contribute to the 2030 climate and energy targets. This stepwise approach also provides a clear and early signal for the automotive industry not to delay the market introduction of energy efficient technologies and zero- and low-emission vehicles.
Amendment 172 #
2017/0293(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Regardless of its source, CO2 emitted from new passenger cars or light commercial vehicles has the same impact on the environment. In recognition of this manufacturers that overachieve in one of these segments should have the ability to transfer that overachievement to another segment, or to a different manufacturer. A transfer between new passenger cars or light commercial vehicles should be limited and the Commission should introduce an implementing act laying out a methodology.
Amendment 202 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 210 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 253 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 320% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part A of Annex I;
Amendment 267 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet- wide target equal to a 3015% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part B of Annex I.
Amendment 292 #
2017/0293(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) 'zero- and low-emission vehicle' means a passenger car orwith tailpipe emissions from zero up to 50 g CO2/km, and a light commercial vehicle with tailpipe emissions from zero up to 570 g CO2/km, as determined in accordance with Regulation (EU) 2017/1151.
Amendment 299 #
2017/0293(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) for each calendar year from 2021 until 20249, the specific emissions target determined in accordance with points 3 and 4 of Parts A or B of Annex I as appropriate or, where a manufacturer is granted a derogation under Article 10 , in accordance with that derogation and point 5 of Parts A or B of Annex I;
Amendment 305 #
2017/0293(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) for each calendar year, starting from 202530, the specific emissions targets determined in accordance with point 6.3 of Parts A or B of Annex I.
Amendment 322 #
2017/0293(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the category of vehicles registered as M1 orand N1, for which the pool shall apply.
Amendment 330 #
2017/0293(COD)
Proposal for a regulation
Article 6 – paragraph 8 a (new)
Article 6 – paragraph 8 a (new)
8a. In cases where a manufacturer has a potential overachievement in either its CO2 M1 or N1 target this can be taken into account for the same manufacturer, or another manufacturer, for the purposes of meeting obligations under Article 4. The potential overachievement shall be considered as the difference between a manufacturer’s M1 or N1 specific emission target and its average specific emissions. This difference can be deducted from the M1 or N1 average specific emissions target of the same manufacturer, or another manufacturer, weighted with the registration volumes. The total contribution of that transfer of credits between manufacturers, or between the M1 and N1 targets of an individual manufacturer, may be up to 10g CO2/km. The Commission shall adopt, by means of implementing acts and no later than 1 January 2020, a methodology outlining how the transfer of credits can take place. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15 (2) of this Regulation.
Amendment 359 #
2017/0293(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) the average mass in running order for all new passenger cars and new light commercial vehicles registered in the Union in the preceding calendar year until 31 December 20209;
Amendment 363 #
2017/0293(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) the 2025 and 2030 EU fleet-wide targets referred to in Article 1(4) and (5) calculated by the Commission in accordance with points 6.1.1 and 6.1.2 of Parts A and B of Annex I;
Amendment 367 #
2017/0293(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) the values for a2021, a2025 and a2030 calculated by the Commission in accordance with point 6.2 of Parts A and B of Annex I.
Amendment 425 #
2017/0293(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall in 2024 submit a report to the European Parliament and the Council on the effectiveness of this Regulation, where appropriate, accompanied by a proposal for amending the Regulation. This report will consider, inter alia, the real world representativeness of the CO2 emission and energy consumption values determined in accordance with Regulation (EU) 2017/1151, the deployment on the Union market of zero- and low-emission vehicles and the roll-out of recharging and refuelling infrastructure reported under Directive 2014/94/EU of the European Parliament and of the Council29 . The report will also consider the impact of this Regulation on the ability of consumers, particularly those on low and medium incomes, to purchase new vehicles. __________________ 29 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1)
Amendment 448 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 4 – introductory part
Annex I – part A – point 4 – introductory part
4. For the calendar years 2021 to 20249, the specific emissions target for a manufacturer shall be calculated as follows:
Amendment 451 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 4 – paragraph 2 – subparagraph 4
Annex I – part A – point 4 – paragraph 2 – subparagraph 4
M0 is 1379.88 in 2021, and as defined in Article 13(1)(a) for the period 2022, 2023 and to 20249;
Amendment 454 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – introductory part
Annex I – part A – point 6 – introductory part
6. From 1 January 202530, the EU fleet- wide targets and the specific emissions targets of CO2 for a manufacturer shall be calculated as follows:
Amendment 459 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – introductory part
Annex I – part A – point 6 – point 6.1 – introductory part
6.1. EU fleet-wide targets for 2025 and 2030
Amendment 463 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.1 – point 6.1.1
Annex I – part A – point 6 – point 6.1 – point 6.1.1
Amendment 472 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – introductory part
Annex I – part A – point 6 – point 6.2 – introductory part
6.2. Specific emissions reference targets from 202530 onwards
Amendment 475 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – point 6.2.1
Annex I – part A – point 6 – point 6.2 – point 6.2.1
Amendment 490 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.2 – point 6.2.2 – paragraph 1
Annex I – part A – point 6 – point 6.2 – point 6.2.2 – paragraph 1
Amendment 500 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 1
The specific emissions target from 202530 onwards
Amendment 515 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Annex I – part A – point 6 – point 6.3 – paragraph 3 – subparagraph 1
Specific emissions reference target is the specific emissions reference target of CO2 determined in accordance with point 6.2.1 for the period 2025 to 2029 and 6.2.2 for 2030 onwards
Amendment 536 #
2017/0293(COD)
Proposal for a regulation
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
Annex I – part A – point 6 – point 6.3 – paragraph 4 – subparagraph 3
x is 15% in the years 2025 to 2029 and 30% in20% 2030 onwards.
Amendment 543 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 4 – introductory part
Annex I – part B – point 4 – introductory part
4. For the calendar years 2021 to 20249, the specific emissions target for a manufacturer shall be calculated as follows:
Amendment 544 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 4 – introductory part
Annex I – part B – point 4 – introductory part
4. For the calendar years 2021 to 20249, the specific emissions target for a manufacturer shall be calculated as follows:
Amendment 549 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – introductory part
Annex I – part B – point 6 – introductory part
6. From 1 January 202530, the EU fleet- wide targets and the specific emissions target of CO2 for a manufacturer shall be calculated as follows:
Amendment 559 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.1 – point 6.1.1
Annex I – part B – point 6 – point 6.1 – point 6.1.1
Amendment 572 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.2 – introductory part
Annex I – part B – point 6 – point 6.2 – introductory part
6.2. The specific emissions reference target from 202530 onwards
Amendment 578 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.2 – point 6.2.1
Annex I – part B – point 6 – point 6.2 – point 6.2.1
Amendment 588 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.2 – point 6.2.2 – paragraph 1
Annex I – part B – point 6 – point 6.2 – point 6.2.2 – paragraph 1
Amendment 603 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.1
Annex I – part B – point 6 – point 6.3 – point 6.3.1
Amendment 652 #
2017/0293(COD)
Proposal for a regulation
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
Annex I – part B – point 6 – point 6.3 – point 6.3.2 – paragraph 4 – subparagraph 3
x is 310%
Amendment 35 #
2017/0158(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In view of different rules applying in the Member States regarding the entry of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that certain imports of cultural goods are subject to uniform controls upon their entry.
Amendment 42 #
2017/0158(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 50 #
2017/0158(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order not to impede trade with goods across the external border disproportionately, this Regulation should only apply to goods meetexceeding a certain age limitand value threshold. For that purpose, it seemis appropriate to set a 2500 year minimum age threshold and a €150 000 minimum value threshold for all categories of cultural goods. That minimum agese thresholds will ensure that the measures provided for in this Regulation focus on cultural goods most likely to be targeted by looters in conflict areas, without excluding other goods the control of which is necessary for ensuring protection of cultural heritage.
Amendment 57 #
2017/0158(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Since certain categories of cultural goods, namely archaeological objects, elements of monuments, rare manuscripts and incunabula are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the Member State of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit. Persons seeking to obtain such a licence should be able to prove licit export from the sourceexport country with the appropriate supportive documents and evidence, in particular, export certificates or licences issued by the third country of export, ownership titles, invoices, sales contracts, insurance documents, transport documents and experts appraisals. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay.
Amendment 68 #
2017/0158(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Temporary admission of cultural goods for educationalconservation, educational, exhibition, restoration, scientific orand academic research purposes should not be subject to the presentation of a licence or of a statementn extended description of goods.
Amendment 74 #
2017/0158(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to take account of experience with the implementation of this Regulation and of changing geopolitical and other circumstances which place cultural goods at risk, while not impeding trade with third countries disproportionally, the power to adopt acts in accordance with Article 2901 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods and political developments or other events which may have an effect on the preservation of cultural goods listed in Annex a (new) by updating the list of export countries. That delegation should also allow the Commission to update the Annexes following amendments to the Combined Nomenclature. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201627 . In particular, to ensure equal participation in the preparation of delegatedimplementing acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegatedimplementing acts. __________________ 27 OJ L 123, 12.5.2016, p. 1.
Amendment 78 #
2017/0158(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the Union, the templates for import licence applications and forms, as well as for importer statementextended description of goods and their accompanying documents, as well as further procedural rules on their submission and processing. Implementing powers should also be conferred on the Commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between Member States. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council28 . __________________ 28 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 79 #
2017/0158(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Sufficient time should be provided for the Commission to adopt rules implementing this Regulation, in particular those regarding the appropriate forms to use to apply for an import licence or to prepare an importer statementan extended description of goods. Consequently, the application of this Regulation should be deferred.
Amendment 80 #
2017/0158(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Goods listed in Annex 1 but not covered by Articles 4 and 5 will be subject to the standard procedures of the Union Customs Code.
Amendment 97 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 110 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 12 in order to amend the second column of the table in the Annex following amendments in the Combined Nomenclature and to amend the minimum age threshold in the third column of the table in the Annex in the light of experience gathered during the implementation of this Regulation.
Amendment 117 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with Article 4 or of an importer statementextended description of goods made out in accordance with Article 5.
Amendment 121 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Paragraph 1 shall only apply to goods being exported from countries listed in Annex a (new).
Amendment 128 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educationalconservation, educational, exhibition, restoration, scientific and academic research purposes;
Amendment 132 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(ba) the return of cultural goods acquired by forced sale, loot or theft to their legitimate owner in the Union from a third country;
Amendment 133 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b b (new)
Article 3 – paragraph 2 – point b b (new)
(bb) the admission of cultural goods which have already been subject to a due diligence process to establish their legitimate provenance, for example with a view to their acquisition by a museum or gallery;
Amendment 134 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b c (new)
Article 3 – paragraph 2 – point b c (new)
(bc) the import of goods by dealers and auction houses which have been granted Authorised Economic Operator (AEO) status in accordance with Article 38 of Regulation (EU) 952/2013;
Amendment 135 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b d (new)
Article 3 – paragraph 2 – point b d (new)
(bd) goods whose value does not meet or exceed the threshold of €150 000;
Amendment 156 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) where the export country is not a Contracting Party to the 1970 UNESCO Convention, it is not demonstrated that the cultural goods were exported from the sourceexport country in accordance with its laws and regulations;
Amendment 157 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 165 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c a (new)
Article 4 – paragraph 4 – point c a (new)
(ca) this Article shall not apply to goods whose export country is not listed in Annex a (new).
Amendment 167 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point c b (new)
Article 4 – paragraph 4 – point c b (new)
(cb) the Commission shall be empowered to adopt implementing acts in accordance with Article 12 to amend Annex a (new) to take account of political developments or other events which may have an effect on the preservation of cultural goods listed in Annex by updating the list of export countries to which this Article applies.
Amendment 174 #
2017/0158(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Importer statement Extended description of goods
Amendment 177 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The release for free circulation and the placing under a special procedure other than transit in the Unionimport of the cultural goods referred to in points (a), (b), (e), (f), (g), (i), (j), (ke), (f) and (lg)(ii) of the Annex shall be subject to the submission of an importer statementan extended description of goods to be supplied to the customs authorities of the Member State of entry.
Amendment 183 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on Cultural Property, the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulationhall, within the description of goods supplied in the customs declaration in accordance with Articles 162 to 169 of Regulation (EU) No 952/2013, identify the name of the export country of the goods.
Amendment 189 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 191 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 194 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. This Article shall not apply to goods whose export country is not listed in Annex a (new).
Amendment 195 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3 b. The Commission shall be empowered to adopt implementing acts in accordance with Article 12 to amend Annex a (new) to take account of political developments or other events which may have an effect on the preservation of cultural goods listed in Annex by updating the list of export countries to which this Article applies.
Amendment 196 #
2017/0158(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The import licence referred to in Article 4 or the importer statementextended description of goods referred to in Article 5, as the case may be, shall be submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.
Amendment 199 #
2017/0158(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. With regard to cultural goods requiring the submission of an importer statementextended description of goods to enter the customs territory of the Union, the customs authorities shall check whether the importer statementextended description of goods complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall register the importer statementextended description of goods by attributing to it a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statementextended description of goods.
Amendment 208 #
2017/0158(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. An electronic system may be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statementextended descriptions of goods and import licences.
Amendment 211 #
2017/0158(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 215 #
2017/0158(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point a
Article 14 – paragraph 1 – subparagraph 1 – point a
(a) statistical information on importer statementextended description of goods registered;
Amendment 222 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point a
Annex – table – point a
(a) Rare ex 9705 More than 2500 number of items collections and years old (p/st) specimens of fauna, flora, minerals and anatomy, and objects of paleontological interest;
Amendment 225 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point b
Annex – table – point b
(b) objects ex 9705 More than 2500 number of items relating to years old (p/st) history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance;
Amendment 228 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point c
Annex – table – point c
(c) products ex 9705; ex 9706 More than 2500 number of items of archaeological years old (p/st) excavations, including regular or clandestine, or of archaeological discoveries on land or underwater;
Amendment 231 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point d
Annex – table – point d
(d) elements ex 9705; ex 9706 More than 2500 number of items of artistic or years old (p/st) historical monuments or archaeological sites which have been been dismembered;
Amendment 234 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point e
Annex – table – point e
Amendment 237 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point f
Annex – table – point f
(f) objects of ex 9705 More than 2500 number of items ethnological interest; years old (p/st) interest;
Amendment 240 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point g – point i
Annex – table – point g – point i
(i) pictures, ex 9701 More than 2500 number of items paintings and years old (p/st) drawings produced entirely by hand on any support and in any material, excluding industrial designs and manufactured articles decorated by hand;
Amendment 243 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point g – point ii
Annex – table – point g – point ii
(ii) original ex 9703 More than 2500 number of items works of statuary years old (p/st) art and sculpture in any material;
Amendment 246 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point g – point iii
Annex – table – point g – point iii
(iii) original ex Chapter 49; ex More than 2500 number of items engravings, prints 9702; years old (p/st) and lithographs;
Amendment 249 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point g – point iv
Annex – table – point g – point iv
(iv) original ex 9701 More than 2500 number of items artistic years old (p/st) assemblages and montages in any material;
Amendment 252 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point h
Annex – table – point h
(h) rare ex 9702; ex 9706; More than 2500 number of items manuscripts and ex 4901 10 and years old (p/st) incunabula, ex 4901 99; ex 4904; ex 4905 91 and ex 4905 99; ex 4906
Amendment 256 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point i
Annex – table – point i
(i) old books, ex 9705; ex 9706 More than 2500 number of items documents and years old (p/st) publications of special interest, singly or in collections;
Amendment 259 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point j
Annex – table – point j
(j) postage, ex 9704 More than 2500 number of items revenue and years old (p/st) similar stamps, singly or in collections;
Amendment 262 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point k
Annex – table – point k
(k) archives, ex 3704; ex 3705; More than 2500 number of items including sound, ex 3706; ex 4901; years old (p/st) photographic and ex 4906; ex 9705; cinematographic ex 9706 archives;
Amendment 265 #
2017/0158(COD)
Proposal for a regulation
Annex – table – point l
Annex – table – point l
(l) articles of ex 9706 More than 2500 number of items furniture and old years old (p/st) musical instruments.
Amendment 267 #
Amendment 139 #
2017/0003(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication, from personal experiences and emotions to medical conditions, sexual preferences and political views, the disclosure of which could result in personal and social harm, economic loss or embarrassment. Similarly, metadata derived from electronic communications may also reveal very sensitive and personal information. These metadata includes the numbers called, the websites visited, geographical location, the time, date and duration when an individual made a call etc., allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication, such as their social relationships, their habits and activities of everyday life, their interests, tastes etc.
Amendment 141 #
2017/0003(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 151 #
2017/0003(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of this Regulation particularise and complement the general rules on the protection of personal data laid down in Regulation (EU) 2016/679 as regards electronic communications data that qualify as personal data and do not go beyond or contradict the high level of protection set down in Regulation (EU) 2016/679. This Regulation therefore does not lower the level of protection enjoyed by natural persons under Regulation (EU) 2016/679. Processing of electronic communications data by providers of electronic communications services should only be permitted in accordance with this Regulation.
Amendment 154 #
2017/0003(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) While the principles and main provisions of Directive 2002/58/EC of the European Parliament and of the Council22 remain generally sound, that Directive has not fully kept pace with the evolution of technological and market reality, resulting in insufficient clarity and inconsistent or insufficient effectivenforcement of the protection of privacy and confidentiality in relation to electronic communications. Those developments include the entrance on the market of electronic communications services that from a consumer perspective are substitutable to traditional services, but do not have to comply with the same set of rules. Another development concernsor new techniques that allow for tracking of online behaviour of end-users, both of which are not covered by Directive 2002/58/EC. Directive 2002/58/EC should therefore be repealed and replaced by this RegulationRegulation (EU) 2016/679. _________________ 22 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p.37).
Amendment 167 #
2017/0003(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should apply to electronic communications data processed in connection with the provisionoffering and use of electronic communications services in the Union, regardless of whether or not the processing takes place in the Union. Moreover, in order not to deprive end-users in the Union of effective protection, this Regulation should also apply to electronic communications data processed in connection with the provision of electronic communications services from outside the Union to end-users in the Union. The mere accessibility of the electronic communication service in the Union is not sufficient to ascertain such intention.
Amendment 176 #
2017/0003(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 184 #
2017/0003(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi- private spaces such as ‘hotspots’ situated at different places within a city, department stores, shopping malls and hospitals. To the extent that those communications networks are provided to an undefined group of end-users, the confidentiality of the communications transmitted through such networks should be protected. The fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this Regulation. Therefore, this Regulation should apply to electronic communications data using electronic communications services and public communications networks. In contrast, tis Regulation should apply to electronic communications data using publicly available electronic communications services and public communications networks. In this context, publicly available means only services intended for consumers. It should not include services intended for business users, nor should the means of the delivery of the service in question, whether obtained over the public internet or not have any bearing on the interpretation of whether the service is publicly available or not. This Regulation should not apply to closed groups of end- users such as corporate networks, access to which is limited to members of the corporation.
Amendment 189 #
2017/0003(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged (electronic communications content) and the information concerning an end-user of electronic communications services processed for the purposes of transmitting, distributing or enabling the exchange of electronic communications content; including data to trace and identify the source and destination of a communication, geographical location and the date, time, duration and the type of communication. Whether such signals and the related data are conveyed by wire, radio, optical or electromagnetic means, including satellite networks, cable networks, fixed (circuit- and packet-switched, including internet) and mobile terrestrial networks, electricity cable systems, the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this Regulation. Electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting, distributing or exchanging electronic communications content.
Amendment 195 #
2017/0003(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Electronic communications data should be treated as confidential. This means that any interference with the transmission of electronic communications data, whether directly by human intervention or through the intermediation of automated processing by machines, without the consent of all the communicating parties should be prohibited. The prohibition of interception of communications data should apply during their conveyance, i.e. until receipt of the content of the electronic communication by the intended addressee. Interception of electronic communications data may occur, for example, when someone other than the communicating parties, listens to calls, reads, scans or stores the content of electronic communications, or the associated metadata for purposes other than the exchange of communications. Interception also occurs when third parties monitor websites visited, timing of the visits, interaction with others, etc., without the consent of the end-user concerned. As technology evolves, the technical ways to engage in interception have also increased. Such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas, such as the so-called IMSI (International Mobile Subscriber Identity) catchers, to programs and techniques that, for example, surreptitiously monitor browsing habits for the purpose of creating end-user profiles. Other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers, including browsing habits without the end-users’ consent.
Amendment 199 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications during transmission is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. The processing of pseudonymised data, should be incentivised as the act of psedonymisation dramatically reduces any privacy and security risk associated with processing of data related to transmission. It should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessaryappropriate quality of service requirements, such as latency, jitter etc.
Amendment 205 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications metadata can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end- users consentin accordance with Article 6(1) and 6(4) of Regulation (EU) No 2016/679. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to comply with Regulation (EU) No 2016/679 when processing electronic communications metadata, which should include data on the location of the device. As an exception from obtaining end- users’ consent, tohe processing of electronic communications metadata, which should include data on the location of the device for purposes other than those for which the personal data were initially collected should be allowed in cases where further processing is compatible in accordance with Article 6 (4) and Article 6 (1) of Regulation (EU) 2016/679 generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Therefore, whenever the purpose(s) of further processing cannot be achieved by processing data that is made anonymous, pseudonymisation of data should be allowed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 217 #
2017/0003(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) End-users may consent to the processing of their metadata to receive specific services such as protection services against fraudulent activities (by analysing usage data, location and customer account in real time). In the digital economy, services are often supplied against counter-performance other than money, for instance by end-users being exposed to advertisements. For the purposes of this Regulation, consent of an end-user, regardless of whether the latter is a natural or a legal person, should have the same meaning and be subject to the same conditions as the data subject’s consent or another basis for processing under Regulation (EU) 2016/679. Basic broadband internet access and voice communications services are to be considered as essential services for individuals to be able to communicate and participate to the benefits of the digital economy. Consent for processing data from internet or voice communication usage will not be valid if the data subject has no genuine and free choice, or is unable to refuse or withdraw consent without detriment.
Amendment 221 #
2017/0003(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any interference with the content of electronic communications should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse provided in Regulation (EU) 2016/679. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concernedlectronic communication service provider’s end- user. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content of communications, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end-user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service, for example text to voice service, organization of the mailbox or spam filter services. After electronic communications content has been sent by the end-user and received by the intended end-user or end-users, it may be recorded or stored by the end-user, end- users or by a third party entrusted by them to record or store such data. Any processing of such data must comply with Regulation (EU) 2016/679.
Amendment 229 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similaand other unwanted tracking tools can enter end- user’s terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent and for specific and transparent purposes.
Amendment 236 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. This may also cover situations where end-users use a service across devices for the purpose of service personalisation and content recommendation. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user’s settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities.
Amendment 240 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or storedtechnical settings.
Amendment 254 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediate (for example, ‘reject third party cookies’ or ‘only accept first party cookies’)Therefore providers of software enabling publically available electronic communications services and permitting the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers end-users a set of privacy setting options in order that end-users may actively select a preferred option after being given the necessary information to make the choice. Such privacy settings should be presented in an easily visible and intelligible manner.
Amendment 257 #
2017/0003(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 275 #
2017/0003(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3)27 of regulation (EU) 2016/679.
Amendment 283 #
2017/0003(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person acting out of their business capacity requires that end-users that are natural persons are asked for consprovided, upon request, with transparent beinfore their personalmation about the data arebeing included in athe directory and the means to verify, correct, update, supplement and delete data relating to them free of charge. The legitimate interest of legal entities requires that end-users that are legal entities have the right to object to the data related to them being included in a directory.
Amendment 288 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consent to their data being included in suchdo not object to the inclusion of their data from providers of number-based interpersonal communication services and electronic communication providers in public directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should inform the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same.
Amendment 305 #
2017/0003(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) When end-users have provided their consent to receiving unsolicited communications for direct marketing purposes, they should still be able to withdraw their consent at any time in an easy manner. To facilitate effective enforcement of Union rules on unsolicited messages for direct marketing, it is necessary to prohibit the masking of the identity and the use of false identities, false return addresses or numbers while sending unsolicited commercial communications for direct marketing purposes. Unsolicited marketing communications should therefore be clearly recognizable as such and should indicate the identity of the legal or the natural person transmitting the communication or on behalf of whom the communication is transmitted and provide the necessary information for recipients to exercise their right to oppose to receiving further written and/or oral marketing messages.
Amendment 307 #
2017/0003(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to allow easy withdrawal of consent, legal or natural persons conducting direct marketing communications by email should present a link, or a valid electronic mail address, which can be easily used by end-users to withdraw their consent. Legal or natural persons conducting direct marketing communications through voice-to-voice calls and through calls by automating calling and communication systems should display their identity line on which the company can be called or present a specific code identifying the fact that the call is a marketing call.
Amendment 314 #
2017/0003(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Service providers who offer electronic communications services should inform end- users of measures they can take to protect the security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light ofall comply with the security obligations prescribed in Article 32 of Regulation (EU) 2016/679.
Amendment 322 #
2017/0003(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of the information to be presented, including by means of standardised icons in order to give an easily visible and intelligible overview of the collection of information emitted by terminal equipment, its purpose, the person responsible for it and of any measure the end-user of the terminal equipment can take to minimise the collection. Delegated acts are also necessary to specify a code to identify direct marketing calls including those made through automated calling and communication systems. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201625 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Furthermore, in order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission when provided for by this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. _________________ 25 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1–14).
Amendment 325 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules regarding the protection of fundamental rights and freedoms of natural and legal persons in the provision and use of electronic communications services, and in particular, the rights to respect for private life and communications and the protection of natural persons with regard to the processing of personal data.
Amendment 327 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation ensures, in accordance with Regulation (EU) No 2016/679, free movement of electronic communications data and electronic communications services within the Union, which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural and legal persons and the protection of natural persons with regard to the processing of personal data.
Amendment 330 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 334 #
2017/0003(COD)
1. This Regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to information related to the terminal equipment of end-users.
Amendment 341 #
2017/0003(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) electronic communications services which are not publicly availableintended for closed groups or are not publicly available pursuant to Article 2 (2) (c) of Regulation (EU) No 2016/679;
Amendment 347 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) the provisionoffering of electronic communications services to end-users in the Union, irrespective of whether a payment of the end-user is required;
Amendment 353 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) the protection of information related to the terminal equipment of end- users locatedplaced on the market in the Union.
Amendment 357 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where the provider of an electronic communications service is not established in the Union it shall designate in writing athe party identified pursuant to Article 27 of Regulation (EU) No 2016/679 shall act as its representative in the Union.
Amendment 359 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 366 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 379 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) ‘'electronic communications content’' means the content exchangtransmitted by means of publically available electronic communications services, such as text, voice, videos, images, and sound;
Amendment 404 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data during transmission, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance or processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 434 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is necessary to maintain or restore the security or availability of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 475 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) processing is allowed pursuant to Articles 6(1) or 6(4) of Regulation (EU) 2016/679.
Amendment 487 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user orservice provider's end-users concerned haves given their consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content; or
Amendment 491 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) if all end-users concerned have given theirthe service provider's end-user has consented to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous, and the provider has consulted the supervisory authority. Points (2) and (3) of Article 36 of Regulation (EU) 2016/679 shall apply to the consultation of the supervisory authoritypursuant to Regulation (EU) 2016/679.
Amendment 498 #
2017/0003(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 536 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user; particularly to preserve or restore the security of the information society service and of the users, or to detect technical faults; or
Amendment 543 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that such measurement is carried out by, or on behalf of, the provider of the information society service requested by the end-user., including measurement of indicators for the use of information society services in order to calculate a payment due; or
Amendment 559 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it occurs for the purpose of recording, for the undertaking as a whole, anonymous indicators concerning the use of information society services;or
Amendment 566 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) in order to mark terminal equipment for advertising purposes, on condition that the person responsible has clearly informed the end-user of this at the beginning of the data processing and has provided an opportunity for objection that is easy to exercise.;or
Amendment 571 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
(d c) it is necessary to protect against unauthorised use of a service;or
Amendment 573 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d d (new)
Article 8 – paragraph 1 – point d d (new)
(d d) it is necessary to meet mandatory quality of service requirements pursuant to [Directive establishing the European Electronic Communications Code].;or
Amendment 574 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d e (new)
Article 8 – paragraph 1 – point d e (new)
(d e) it is necessary for compliance with a legal obligation.
Amendment 576 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. Wherever a clearly formulated declaration of consent is presented before use of a service or access to online content, and if absence of consent for processing prevents a provider from collecting remuneration through their usual means, the provider shall not be obliged to provide the full access to the service or content.
Amendment 587 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the end-user has given their consent;or
Amendment 596 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The collection of such information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied, for example by means of pseudonymisation of information collected pursuant to Article 4 (5) of Regulation (EU) No 2016/679.
Amendment 607 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 613 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7 (1), (2), and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 617 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 629 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. End-users who have consented to the processing of electronic communications data as set out in point (c) of Article 6(2) and points (a) and (b) of Article 6(3) shall be given the possibility to withdraw their consent at any time as set forth under Article 7(3) of Regulation (EU) 2016/679 and be reminded of this possibility at periodic intervals of 6 months, as long as the processing continues.
Amendment 637 #
2017/0003(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 667 #
2017/0003(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Article 25 of Regulation (EU) No 2016/679 shall apply.
Amendment 673 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (e) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests.
Amendment 704 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consentelectronic information, communication and telecommunication services shall collect the data of end- users who are natural persons in order to include their personal data in the directory and, consequently, shall obtain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevapublicly accessible directories. Upon the request of an end-user who is natural person the directory providers shall provide the end-user with transparent infor the purpose of the directory as determined by the provider of the directory. Providers shall give end-users who are natural personsmation about the data being included in the directory and the means to verify, correct, update, supplement and delete such data.
Amendment 706 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall inform end-users who are natural persons and acting out of their business capacity whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enabling such. Providers of number-based interpersonal communications services and electronic communications service providers shall inform end-users when new search functions arelated to their own data made available.
Amendment 718 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directories shall provide end-users that are legal personselectronic information, communication and telecommunication services shall provide end-users that are legal persons or natural persons acting in their business capacity with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct, update, supplement and delete such data.
Amendment 725 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct, update, supplement and delete any data related to them shall be provided free of charge.
Amendment 729 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. The provisions of paragraphs 1 to 4 shall not apply to data and information published in other publicly accessible sources and data provided by end-users themselves.
Amendment 740 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail or phone number from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 744 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall: present the identity of a line on which the can be contacted.
Amendment 745 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
Amendment 750 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
Amendment 763 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
Amendment 768 #
2017/0003(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Information about detected security risks and personal data breaches
Amendment 774 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
In the case of a particular risk that may compromise the security of networks and electronic communications services, the provider of an electronic communications service shall inform end-users concerning such risk and, where the risk lies outside the scope of the measures to be taken by the service provider, inform end-users of any possible remedies, including an indication of the likely costs involved or of a personal data breach, Article 40 of [Electronic Communications Code] and Article 34 of Regulation (EU) 2016/679 shall apply.
Amendment 91 #
2017/0002(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Union institutions and bodies should ensure the confidentiality of electronic communications as provided for by Article 7 of the Charter. In particular, Union institutions and bodies should ensure the security of their electronic communication networks, protect the information related to end-users’ terminal equipment accessing their publicly available websites and mobile applications in accordance with Regulation (EU) XXXX/XX [new ePrivacy Regulation] and protect the personal data in directories of users, whilst maintaining full accessibility for citizens and interest groups to the institutions, its staff and in particular its political representatives.
Amendment 97 #
2017/0002(COD)
Proposal for a regulation
Recital 68
Recital 68
Amendment 118 #
2017/0002(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where point (d) of Article 5(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 136 years old. Where the child is below the age of 136 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.
Amendment 142 #
2017/0002(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 238 #
Amendment 2 #
2016/2064(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with disappointment that onthat approximately 4 % of EFSI funding – both under the Infrastructure and Innovation and SME Windows – has been allocated to the thematic objective set out in Article 9(2)(g) of the EFSI Regulation and that only a fraction of that 4 % has reached the culture and education sectors;
Amendment 7 #
2016/2064(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the interest among cultural and creative sector (CCS) stakeholders in EFSI funding as well as the potential of the SME Window for the sector; regrets, however, the lack of awareness of EFSI and its funding options; insists that communication efforts be scaled up, tailored to the needs of the CCS and rolled out locally in Member States, includingpredominantly through the Creative Europe Desks;
Amendment 13 #
2016/2064(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that the CCS also requires targeted advice to understand the financing options and procedures under EFSI, and that financial intermediaries need support to better understand the CCS and its needs; welcomes, in this regard, the EFSI 2.0 proposal to boost the role of the European Investment and Advisory Hub and enhance its national, regional and local presence; insists that the Hub be adequately resourced so as to provide tailored support to the education and cultural sectors throughout the process;
Amendment 18 #
2016/2064(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that, since schools and universities in most Member States are legally prohibited from borrowing money, EFSI is largely unsuitable for the sector, but it should remain operational for training programmes where possible; regrets that, despite funding being diverted from Horizon2020, EFSI support for research and innovation has not adequately benefited public universities; insists, therefore, that funding be restored to Horizon2020;
Amendment 21 #
2016/2064(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for greater synergies between EFSI and other EU funds, notably the ESI Funds, Horizon2020 and the Creative Europe Guarantee Facility; urges the Commission to frontload the Creative Europe Guarantee Facility through EFSI for the benefit of SMEs; underscores that the Hub can play a role in providing information on combining EU funds and advice and training should be provided accordingly.
Amendment 94 #
2016/0280(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited, and relevant legislation must be future-proof so as not to restrict technological development. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘'Towards a modern, more European copyright framework’' 26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ 26 COM(2015) 626 final. COM(2015) 626 final.
Amendment 98 #
2016/0280(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In the fields of research, education and preservation of cultural heritage, digital technologies permit new types of uses that are not clearly covered by the current Union rules on exceptions and limitations. In addition, the optional nature of exceptions and limitations provided for in Directives 2001/29/EC, 96/9/EC and 2009/24/EC in these fields may negatively impact the functioning of the internal market. This is particularly relevant as regards cross-border uses, which are becoming increasingly important in the digital environment. Therefore, the existing exceptions and limitations in Union law that are relevant for scientific research, teaching and preservation of cultural heritage should be reassessed in the light of those new uses. Mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research, illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced. In accordance with the principle of subsidiarity, such exceptions or limitations should complement, rather than replace, existing text and data mining exceptions in Member States. For uses not covered by the exceptions or the limitation provided for in this Directive, the exceptions and limitations existing in Union law should continue to apply. Directives 96/9/EC and 2001/29/EC should be adapted.
Amendment 118 #
2016/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database. The new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception and should complement, rather than replace existing text and data mining exceptions in Member States. Research organisations should also benefit from the exception when they engage into public- private partnerships.
Amendment 149 #
2016/0280(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digital uses of works and other subject-matter such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The amount of a work that can be copied may vary according to the type of work and its use. Member States should be able therefore to set appropriate limits in their national law to address this variation, as long as these limits strike a fair balance between the needs of users and rightholders. The use of the works or other subject-matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including during examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 281 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should takeagree with rightholders appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies in order to facilitate effective, transparent reporting in these agreements. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 284 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3 a (new)
Recital 38 – paragraph 3 a (new)
Large amounts of copyright-protected works or other subject matter should be understood to signify large amounts of works or subject matter within the same category or categories. The notion of category should be interpreted broadly to include such categories as music, broadcasts, films, or computer games. Consequently, the obligations in Article 13 should only apply to information society service providers in relation to the categories of works and other subject matter that the service stores and provides access to in large amounts and not to other categories.
Amendment 291 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) CIn specific reference to musical works and other musical subject matter, collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users and rightholders is essential for thto ensure the effective functioning of appropriate technologies, such as content recognition technologies. In such cases, rightholders, in order to address the significant value gap affecting the music industry. In such cases, rightholders of musical works and other musical subject matter should provide the necessary data to allow the services to identify their content and the services should be transparent towards those rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide those rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of the content of those rightholders' content. Those technologies should also allow those rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Amendment 295 #
2016/0280(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) Since the measures and technologies implemented by information society service providers necessary to apply this Directive could have a negative effect on legitimate content that is uploaded or displayed by users, in particular where the content concerned is covered by an exception, information society service providers should be required to offer a complaints mechanism for the benefit of users whose content has been affected by these measures. Information society service providers and right holders should process any complaints as soon as possible and take corrective action where measures prove to be unjustified. Such complaint and redress mechanisms should prescribe minimum standards for complaints to ensure that rightholders are given sufficient information to assess and respond to complaints.
Amendment 307 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their direct contractual counterparts or their successors in title is importantnecessary for the transparency and balance in the system that governs the remuneration of authors and performers.
Amendment 311 #
2016/0280(COD)
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered. Member States should consultundertake appropriate consultation with all relevant stakeholders as that should, since this will help determine sector-specific requirements. CWhere collective bargaining is not already established practice, it should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations, as those are already subject to transparency obligations under Directive 2014/26/EU, or where agreements concluded with individual authors or performers are based on or subject to collective bargaining agreements.
Amendment 315 #
2016/0280(COD)
Proposal for a directive
Recital 42
Recital 42
Amendment 335 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) 'educational establishment' means a school, college, university, or any other organisation the primary goal of which is to provide educational services: (a) on a not-for-profit basis or by reinvesting all the profits in such provision; or (b) pursuant to a public interest mission recognised by a Member State.
Amendment 341 #
2016/0280(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
(3) ‘cultural heritage institution’ means a publicly accessible library or museum, museum, gallery or educational establishment, an archive or a film or audio heritage institution, or a public service broadcaster;
Amendment 366 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall encourage rightholders and research organisations to work together to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3.
Amendment 410 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Member States may provide for restrictions on the amount of a work that can be copied in accordance with fair practice. Such restrictions shall take into account the needs of both users and rightholders.
Amendment 416 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, or beneficiary institutions using the facilities of a third party in another Member State, to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservation.
Amendment 493 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shallmay provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 501 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The rights referred to in paragraph 1 shall expire 203 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Amendment 519 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure theeffective and transparent functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other. In respect of musical works and other musical subject- matter identified by rightholders, these measures may include, through the cooperation with the service providers. Those measures, such as the use of effectivebetween those rightsholders and the service providers, preventing the availability of musical works and other musical subject matter on the service through tools, such as content recognition technologies,. Such measures shall be appropriate and proportionate, proportionate and evidence-based in order to avoid forming barriers to entry for emerging information society service providers. The service providers shallould provide rightholders with adequate and timely information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter reporting, which shall include data relating to those works held, matched, and used. Alongside such measures, Member States shall continue to encourage industry-led solutions to address sector- specific issues and the effective enforcement of existing measures to tackle piracy, including raising awareness of more legal routes to copyright protected content.
Amendment 533 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shallmay facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability and affordability of the technologies, and their effectiveness in respect of the range of types of content and in light of technological developments.
Amendment 550 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate and sufficient information on the exploitation of their works and performances from those to whom they have directly licensed or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 560 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that tThe obligation in paragraph 1 doesshall not apply when reporting obligations have been agreed by the parties or when the contribution of the author or performer is not significant having regard to the overall work or performance.
Amendment 565 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. Where they exist, collective bargaining agreements shall take precedence over the obligations referred to in paragraph 4.
Amendment 570 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performersmay provide that authors and performers, where such rights are not managed by a collective management organisation or subject to a collective bargaining agreement and where existing provisions for modification or annulment of contracts for the exploitation of rights do not already exist, are entitled to request additional, appropriate and equitable remuneration from the party with whom they entered directly into a contract for the exploitation of the rights when. This shall only apply in cases where the author or performer demonstrates that the remuneration originally agreed is manifestly and disproportionately low compared to the subsequent relevant net revenues and benefits directly derived from the exploitation of the works or performancesparticular author or performer's works or performances. Member States may provide that this right expires if it is not exercised within a reasonable period from the relevant exploitation.
Amendment 589 #
2016/0280(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shallmay provide that disputes concerning the transparency obligation under Article 14 and the contract adjustment mechanism under Article 15 may be submitted to a voluntary, alternative dispute resolution procedure.
Amendment 609 #
2016/0280(COD)
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. The provision in Article 15 shall apply only in circumstances where the remuneration has become manifestly disproportionate after [the date mentioned in Article 21(1)].
Amendment 24 #
2015/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas prison conditions and prison management are responsibilities of the Member States but the Union also has a necessary role to play in sharing best practice in order to protecting the fundamental rights of prisoners and in creating the European Area of Freedom, Security and Justice;
Amendment 83 #
2015/2062(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the spread of radical and violent ideologies and terrorist radicalisation is occurrincreasing in many prisons inacross the European Union;
Amendment 117 #
2015/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. DeplorRecognises the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also with regard to the activities made available, medical care and monitoring of prisoners;
Amendment 228 #
2015/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to combat the growing phenomenon of radicalisation in prisons by improving mechanisms for identifying and dealing with extremist behaviour and mechanisms for identifying and confiscating extremist propaganda materials, as well as working on rehabilitation programs and units; encourages Member States to exchange best practice in order to counter the increase in terrorist radicalisation in Europe's prisons;
Amendment 255 #
2015/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that consideration for and training of prison staff is essential in order to ensure good detention conditions in prison, and encourage; supports Member States to share information and good practices; to this end, calls for a General Assembly of Prison Administrations to be convenedintroducing specialised training for all prison staff, partners operating in the penal system, religious staff and NGO personnel who interact with prisoners, in order to ensure they detect, prevent and deal with behaviour tending to radical and extremist behaviour at the earliest stage possible and encourages Member States to share information and good practices on this;
Amendment 261 #
2015/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recommends that the Commission and Member States examine the evidence and experience concerning the practice of separation in prisons with the objective of containing the spread of radicalisation and whether this practice could be implemented by Member States in a way that is proportionate and in full compliance with the fundamental rights of the inmate;
Amendment 266 #
2015/2062(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Encourages Member States to share best practice on education, rehabilitation and reintegration programs particularly in order to improve reintegration after leaving prison and to help prevent further cases of radicalisation;