BETA

412 Amendments of Bernhard RAPKAY

Amendment 26 #

2013/0185(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Whereas Member States should be encouraged to maintain or introduce collective redress schemes for the purpose of strengthening the claimants' possibilities to bring actions for damages for infringement of competition law, common rules are required at Union level in order to allow damaged parties in all Member States to avail themselves of such schemes in order to ensure greater equality of arms between the parties to the dispute. In order to preserve the consumers' right of choice and avoid abusive use, such schemes should comply with the framework set out by European Commission Recommendation 2013/396/EU.
2013/12/20
Committee: JURI
Amendment 45 #

2013/0089(COD)

Proposal for a directive
Recital 19
(19) In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a trade mark only if and to the extent that the main function of the trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected.
2013/10/30
Committee: JURI
Amendment 46 #

2013/0089(COD)

Proposal for a directive
Recital 19 a (new)
(19a) The main function of a trademark is to guarantee the origin of the product to the consumer or final user by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin.
2013/10/30
Committee: JURI
Amendment 49 #

2013/0089(COD)

Proposal for a directive
Recital 22
(22) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Member State without being released for free circulation there, where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the trade mark registered in respect of such goods. This shall be without prejudice to the Union's compliance with WTO rules, notably with GATT Article V on freedom of transit.
2013/10/30
Committee: JURI
Amendment 55 #

2013/0089(COD)

Proposal for a directive
Recital 25 a (new)
(25a) The exclusive rights conferred by a trade mark should not entitle the proprietor to prohibit the use of signs or indications which are used for a due cause in order to allow consumers to make comparisons, to express opinions or where there is no commercial use of the mark.
2013/10/30
Committee: JURI
Amendment 63 #

2013/0089(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
A trade mark may consist of any signs , in particular words, including personal names, designs, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that generally available technology is used and such signs are capable of:
2013/10/30
Committee: JURI
Amendment 74 #

2013/0089(COD)

Proposal for a directive
Article 10 – paragraph 2 – point a
(a) the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered and where such use affects or is liable to affect the function of the trade mark to guarantee to consumers the origin of the goods or services by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin;
2013/10/30
Committee: JURI
Amendment 83 #

2013/0089(COD)

Proposal for a directive
Article 10 – paragraph 5
5. The proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member State where the trade mark is registered without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. This shall be without prejudice to the Union's compliance with WTO rules, notably with GATT Article V on freedom of transit.
2013/10/30
Committee: JURI
Amendment 87 #

2013/0089(COD)

Proposal for a directive
Article 14 – paragraph 3 a (new)
3a. The trade mark shall not entitle the proprietor to prohibit a third party from using the trade mark for a due cause in connection with: (a) advertising or promotion that permits consumers to compare goods or services; or (b) identifying and parodying, criticizing, or commenting upon the trade mark proprietor or the goods or services of the trade mark owner proprietor; or (c) any non-commercial use of a mark.
2013/10/30
Committee: JURI
Amendment 77 #

2013/0088(COD)

Proposal for a regulation
Recital 15
(15) In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a European trade mark only if and to the extent that the main function of the European trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected.
2013/10/31
Committee: JURI
Amendment 78 #

2013/0088(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The main function of a trademark is to guarantee the origin of the product to the consumer or final user by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin;
2013/10/31
Committee: JURI
Amendment 82 #

2013/0088(COD)

Proposal for a regulation
Recital 18
(18) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a European trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Union without being released for free circulation there, where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the European trade mark registered in respect of such goods. This shall be without prejudice to the Union's compliance with WTO rules, notably with GATT Article V on freedom of transit.
2013/10/31
Committee: JURI
Amendment 87 #

2013/0088(COD)

Proposal for a regulation
Recital 21 a (new)
(21a) The exclusive rights conferred by a trade mark should not entitle the proprietor to prohibit the use of signs or indications which are used for a due cause in order to allow consumers to make comparisons, to express opinions or where there is no commercial use of the mark.
2013/10/31
Committee: JURI
Amendment 93 #

2013/0088(COD)

Proposal for a regulation
Recital 40
(40) With the aim of promoting convergence of practices and of developing common tools, it is necessary to establish an appropriate framework for cooperation between the Agency and the offices of the Member States, clearly defining the areas of cooperation and enabling the Agency to coordinate relevant common projects of Union interest or of interest to the majority of the industrial property offices of the Member States and the Benelux Office for Intellectual Property, and to finance, up to a maximum amount, those common projects by means of grants. Those cooperation activities should be beneficial for undertakings using trade mark systems in Europe. For users of the Union regime laid down in this Regulation, the common projects, particularly the databases for search and consultation purposes, should provide additional, inclusive, efficient and free of charge tools to comply with the specific requirements flowing from the unitary character of the European trade mark.
2013/10/31
Committee: JURI
Amendment 97 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EC) No 207/2009
Article 4 – introductory part
A European trade mark may consist of any signs, in particular words, including personal names, designs, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that generally available technology is used and such signs are capable of
2013/10/31
Committee: JURI
Amendment 107 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 2 – point a
(a) the sign is identical with the European trade mark and is used in relation to goods or services which are identical with those for which the European trade mark is registered, and where such use affects or is liable to affect the function of the European trade mark to guarantee to consumers the origin of the goods or services by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin;
2013/10/31
Committee: JURI
Amendment 119 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 5
5. The proprietor of a European trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the European trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark.'; This shall be without prejudice to the Union's compliance with WTO rules, notably with GATT Article V on freedom of transit.
2013/10/31
Committee: JURI
Amendment 124 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 14
Regulation (EC) No 207/2009
Article 12 – paragraph 2 a (new)
2a. The trade mark shall not entitle the proprietor to prohibit a third party from using the trade mark for a due cause in connection with: (a) advertising or promotion that permits consumers to compare goods or services; or (b) identifying and parodying, criticizing, or commenting upon the trade mark proprietor or the goods or services of the trade mark owner proprietor; or (c) any non-commercial use of a mark
2013/10/31
Committee: JURI
Amendment 161 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123b – paragraph 1 – point d a (new)
(da) the tasks conferred on it by Directive 2012/28/EU of the European Parliament and of the Council on certain permitted uses of orphan works.
2013/10/31
Committee: JURI
Amendment 162 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123b – paragraph 3
3. The Agency may provide voluntary mediation and arbitration services for the purpose of assisting parties in reaching an amicable settlement.
2013/10/31
Committee: JURI
Amendment 165 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123 c – paragraph 2
2. The Agency shall define, elaborate and coordinate common projects of Union interest or of interest to the majority of the industrial property offices of the Member States and the Benelux Office for Intellectual Property with regard to the areas referred to in paragraph 1. The project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the Member States and the Benelux Office for Intellectual Property.
2013/10/31
Committee: JURI
Amendment 168 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123 c – paragraph 3
3. The industrial property offices of the Member States and the Benelux Office for Intellectual Property shall participate effectively in the common projects referred to in paragraph 2 with a view to ensuring their development, functioning, interoperability, and keeping up to date. Participation in these projects shall be obligatory. Nevertheless, if the outcome of these projects leads to the development of instruments that are equivalent to instruments which already exist in the Member States, participation shall not give rise to an obligation to implement the outcome in the Member States concerned.
2013/10/31
Committee: JURI
Amendment 177 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 106
Regulation (EC) No 207/2009
Article 136 a (new)
Article 136a Mediation and arbitration centre 1. The Agency may establish a mediation and arbitration centre which is independent of the decision-making instances listed in Article 130. The centre should be located on the Agency's premises. 2. Any natural or legal person may use the centre's services on a voluntary basis with the aim of resolving disputes covered by this Regulation and by Directive ... by mutual agreement. 3. The Agency may also start an arbitration procedure on its own initiative to give parties the opportunity to reach an agreement by common consent. 4. The centre shall be led by a director who shall be responsible for the centre's activities. 5. The director shall be appointed by the Management Board. 6. The centre shall draw up rules governing mediation and arbitration procedures and rules governing the centre's work. The rules governing mediation and arbitration procedures and the rules governing the centre's work shall be ratified by the Management Board. 7. The centre shall establish a register of mediators and arbitrators who support parties in resolving disputes. They must be independent and possess relevant skills and experience. The register shall require the approval of the Management Board. 8. Any agreement reached as a result of a mediation and arbitration procedure shall be binding on the agency's decision- making instances.
2013/10/31
Committee: JURI
Amendment 189 #

2013/0088(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 125
Regulation (EC) No 207/2009
Article 163 – paragraph 5
5. A delegated act adopted pursuant to Articles 24a, 35a, 45a, 49a, 57a, 65a, 74a, 74k, 93a, 114a, 144a and 161a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 24 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.';
2013/10/31
Committee: JURI
Amendment 1 #

2012/2323(INI)

Motion for a resolution
Recital A
A. whereas the Lisbon Treaty introduced the possibility for Parliament and the Council ('the legislator') to delegate part of its own power to the Commission in a legislative act (‘the basic act’); whereas delegation is a delicate operation in which the Commission is instructed to exercise a power which is intrinsic to the legislator's own role; whereas the starting-point in examining the issue of delegation must therefore always be the freedom of the legislator; whereas according to settled case-law, the adoption of rules essential to the subject matter envisaged is reserved to the legislator, which means that the adoption of provisions requiring political decisions that fall within the responsibility of the legislator cannot be delegated; whereas a law is always essential as a matter of principle; whereas therefore that delegated power can only consist in supplementing or amending parts of a legislative act that are not essential; whereas the resulting delegated acts adopted by the Commission will be non- legislative acts of general scope; whereas the basic act must explicitly define the objective, content, scope and duration of that delegation, and must lay down the conditions to which the delegation is subject;
2013/10/01
Committee: JURI
Amendment 9 #

2012/2323(INI)

Motion for a resolution
Paragraph 1 – indent 6 a (new)
- In acts establishing financial programmes, measures that serve to supplement the basic act with regard to specific technical provisions, strategic interests, objectives, expected results, etc. can be adopted either by the legislator or, under certain conditions and where sufficiently justified, by the Commission by means of delegated acts. Other measures that do not express any political orientation (technical arrangements for exchanging information, exchange of data, etc.) may be of implementing nature, without prejudice to confirmation by the legislator.
2013/10/01
Committee: JURI
Amendment 13 #

2012/2323(INI)

Motion for a resolution
Paragraph 1 – indent 12
- Authorisations can be measures of general application. This is for instance the case where decisions concern the authorisation or prohibition of the inclusion of a specific substance in food, cosmetics etc. Those decisions are general because they concern any operator willing to use such substance. In such cases, if the Commission decision is fully based on criteria contained in the basic act, it should be an implementing act, provided that the legislator did not choose to keep the authorisations as an integral part of the basic act in the form of an Annex; if it adds new normative content affecting the substance of the rights and obligations and thereby adding secondary political orientation or policy choices to the basic act, thus supplementing it, it should be a delegated act.
2013/10/01
Committee: JURI
Amendment 18 #

2012/2323(INI)

Motion for a resolution
Paragraph 1 – indent 15
- Measures implying temporary deviation from the rules established by the basic act to be applied in a specific situation, under specific clearly defined conditions and for a limited period of time do not amend or supplement the basic act. They should therefore be adopted by means of implementing acts. They should therefore be adopted by means of implementing acts. However, when those measures imply a more permanent deviation from the rules established in the basic act, going beyond a limited period of time, they should be adopted by means of delegated acts.deleted
2013/10/01
Committee: JURI
Amendment 21 #

2012/2323(INI)

Motion for a resolution
Paragraph 2 a (new)
2 a. Calls on the Commission in future to provide an explicit and sustainable justification of why it is proposing a delegated or implementing act in a particular legislative proposal and why it considers its regulatory content to be non- essential;
2013/10/01
Committee: JURI
Amendment 24 #

2012/2323(INI)

Motion for a resolution
Paragraph 4 b (new)
4 b. Calls for clear rules governing Parliament's representation and participation and the information to be forwarded to Parliament; points, accordingly, to the political responsibility of the legislator and the need for the regular and timely involvement of the political authorities in the discussions on delegated acts;
2013/10/01
Committee: JURI
Amendment 25 #

2012/2323(INI)

Motion for a resolution
Paragraph 5
5. Encourages its committees to closely monitor the use of delegated and implementing acts within their respective spheres of responsibility, bundle issues together in order to develop a common approach for the whole Parliament, and at the same time preserve the necessary flexibility on the part of the committees in each individual case; recommends, to this end, that a permanent rapporteur be appointed in each committee for delegated and implementing acts; continues to call on the members of negotiating teams in particular to pay particular attention to this matter when reporting to the competent committee following each trilogue pursuant to Rule 70(4) of the Rules of Procedure of the European Parliament;
2013/10/01
Committee: JURI
Amendment 27 #

2012/2323(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Calls for sufficient technical and personal resources to be assigned for delegated and implementing acts, inter alia in order to ensure an efficient internal flow of information;
2013/10/01
Committee: JURI
Amendment 198 #

2012/0180(COD)

Proposal for a directive
Recital 35
(35) Broadcasting organisations generally rely on a licence from a local collecting society, for their own broadcasts of television and radio programmes which include musical works. This licence is often limited to broadcasting activities. A licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online. To facilitate the licensing of online music rights forin the purposes of simultaneous and delayed transmission online of television and radio broadcastsinterests of online accessibility, it is necessary to provide for a derogation from the rules that would otherwise apply to the multi-territorial licensing of musical works for online uses. Such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing, previewing or reviewing that television or radio programmemake possible online offers connected to linear broadcasting. That derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online, or lead to restrictive practices, such as market or customer sharing, in breach of Articles 101 or 102 of the Treaty on the Functioning of the European Union.
2013/06/06
Committee: JURI
Amendment 208 #

2012/0180(COD)

Proposal for a directive
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societies established in the Union and also those established outside the Union but providing services in the Union.
2013/06/06
Committee: JURI
Amendment 221 #

2012/0180(COD)

Proposal for a directive
Article 2 – paragraph 2 a (new)
Title III shall not apply to collecting societies which distribute licences to broadcasters in accordance with national and EU law for their online offers connected to linear broadcasting.
2013/06/06
Committee: JURI
Amendment 508 #

2012/0180(COD)

Proposal for a directive
Article 33 – paragraph 1
The requirements under this Title shall not apply to collecting societies which grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programmeas well as any online offers connected to linear broadcasting.
2013/06/06
Committee: JURI
Amendment 6 #

2011/2089(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the benefits of the ADR method are undisputed, fair access to justice should remain available to all EU citizens,
2011/09/22
Committee: JURI
Amendment 7 #

2011/2089(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas, according to the Flash Eurobarometer on "Consumer attitudes towards cross-border trade and consumer protection" of March 2011, 79% of European consumers state that they would be more willing to defend their rights in court if they could join a collective action,
2011/09/22
Committee: JURI
Amendment 8 #

2011/2089(INI)

Motion for a resolution
Recital C
C. whereas national and European authorities play a pivotal role in the enforcement of EU law, and private enforcement canshould only supplement, but not replace, public enforcement,
2011/09/22
Committee: JURI
Amendment 10 #

2011/2089(INI)

Motion for a resolution
Paragraph 2
2. Notes the efforts made by the US Supreme Court to limit frivolous litigation and the abuse of the US class action system3, and stresses that Europe must refrain from introducing a US-style class action system or any system which would lend itself to similar abusedoes not respect European legal traditions;
2011/09/22
Committee: JURI
Amendment 12 #

2011/2089(INI)

Motion for a resolution
Paragraph 3
3. Welcomes the efforts of Member States to strengthen the rights of victims of unlawful behaviour by introducing legislation aimed at facilitating redress while avoiding an abusive litigation culture; stresses in this context that the Commission has still not put forward convincing evidence that, pursuant to the principle of subsidiarity, action is needed at EU level in order to ensure that victims of unlawful behaviour arthat the current EU regulatory framework to put an end to infringements and encourage competition fails to allow for consumers to be compensated for the damage or losss suffered;
2011/09/22
Committee: JURI
Amendment 13 #

2011/2089(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Underlines the considerable benefits of collective judicial actions in terms of costs and legal certainty for the claimants, defendants and the judicial system alike by avoiding parallel litigation of similar claims;
2011/09/22
Committee: JURI
Amendment 14 #

2011/2089(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Calls on the Commission to foster effective relief at EU level for consumers and SMEs by means of a EU-wide legal instrument on collective redress for both national and cross-border cases, on the basis of a set of common principles inspired by the EU legal tradition and the legal orders of the 27 Member States, consistent and parallel with specific sectoral legislative initiatives;
2011/09/22
Committee: JURI
Amendment 16 #

2011/2089(INI)

Motion for a resolution
Paragraph 4
4. Reiterates that the Commission has still not indicated whConsiders that Art 114 TFEU would be the appropriate legal basis it considers appropriate for any measures in the field of collective redress;
2011/09/22
Committee: JURI
Amendment 19 #

2011/2089(INI)

Motion for a resolution
Paragraph 5
5. Notes that enforcement mechanisms that already exist at EU level and believes that, in particular, Regulation No 861/2007 establishing a European Small Claims Procedure provides efficient and effective access to justice byintended to simplifying cross- border litigation involving claims for a sum of less than EUR 2 000 are not designed to provide effective access to justice in cases where a large number of victims suffer the same damage;
2011/09/22
Committee: JURI
Amendment 20 #

2011/2089(INI)

Motion for a resolution
Paragraph 6
6. Takes the view that injunctive relief could also plays an important role in safeguarding rights which citizens and companies enjoy under EU law and believes that the mechanisms introduced under Regulation (EC) No 2006/2004 on Consumer Protection Cooperation4, as well as Directive 2009/22/EC on injunctions for the protection of consumer interests5, can be significantly improved so as to foster cooperation and injunctive relief in cross- border situations;
2011/09/22
Committee: JURI
Amendment 22 #

2011/2089(INI)

Motion for a resolution
Paragraph 7
7. Considers that injunctive relief should focus both on the protection of the individual interest and not the public interest, and calls for caution when widening access to justice for organisations since these should not enjoy easier access to justice than individuals;
2011/09/22
Committee: JURI
Amendment 28 #

2011/2089(INI)

Motion for a resolution
Paragraph 8
8. Takes the view that disputes frequently cover different industry sectors and different areas of law and that victims of unlawful behaviour face the same difficulties in obtaining redress in different sectors, and is concerned that any EU initiatives in the field of collective redress will result in a fragmentation of national procedural and damages laws which will weaken and not strengthen access to justice within the EU; in the event that it is decided after due consideration that a Union scheme of collective redress is needed and desirable, asks that any proposal in the field of collective redress should take the form of a horizontal legal instrument including a set of common principles providing uniform access to justice within the EU; and specifically dealing with all the breaches of consumers' rights regardless of the policy field;
2011/09/22
Committee: JURI
Amendment 30 #

2011/2089(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Believes that the current exploratory work on an EU scheme of collective redress should not cause further delays in adopting sector-specific legislative initiatives in the field of competition, environment or consumers' law;
2011/09/22
Committee: JURI
Amendment 36 #

2011/2089(INI)

Motion for a resolution
Paragraph 9
9. Stresses that any horizontal legally binding instrument must cover all aspects of obtaining damages collectively; further stresses that, in particular, procedural and international private-law issues must apply to collective actions in general irrespective of the sector concerned, whereas limited sectoral rules, dealing with matters such as the potential binding effect of decisions adopted by national competition authorities in the field of EU antitrust law, should be laid down, for instance, in a separate chapter of the horizontal instrument itself;
2011/09/22
Committee: JURI
Amendment 40 #

2011/2089(INI)

Motion for a resolution
Paragraph 10
10. Believes that the individual damage or loss suffered plays a pivotal role when deciding to file an action, and takes the view that in line with Regulation No 861/2007 on a European Small Claims Procedure, collective redress under a horizontal instrument could be available where the value of each individual claim does not exceed EUR 2 000;deleted
2011/09/22
Committee: JURI
Amendment 45 #

2011/2089(INI)

Motion for a resolution
Paragraph 11
11. Considers that collective action under a horizontal instrument should be permissible where the defendant and victims represented are not domiciled in the same Member State (cross-border dimension) and where the rights alleged to have been infringed are granted by EU legislation (infringement of EU law) and in case of national infringements;
2011/09/22
Committee: JURI
Amendment 49 #

2011/2089(INI)

Motion for a resolution
Paragraph 12 – indent 1 (new)
– the judge should maintain discretionary powers on the admissibility of collective damage claims;
2011/09/22
Committee: JURI
Amendment 50 #

2011/2089(INI)

Motion for a resolution
Paragraph 12 – indent 1
only a representative bodyies may bring an action on behalf of a clearly identified group, and identification of the group members must have taken place before the claim is brought (‘opt-in procedure’);
2011/09/22
Committee: JURI
Amendment 60 #

2011/2089(INI)

Motion for a resolution
Paragraph 12 a (new)
7 OJ L 166, 11.6.1998, p. 51 12a. Recognises, however, that the opt-in system might entail higher costs for consumers organisations and therefore calls on the Commission to consider a flexible system which will allow the largest number of victims to seek compensation, while respecting the existing European systems in line with the principle of subsidiarity but also the consumers' right to be duly informed so as to avoid their being automatically represented without their knowledge: – Member States should designate organisations qualified to bring representative actions, and European criteria are needed which clearly define these qualified entities; these criteria could be based on Article 3 of Directive 2009/22/EC on injunctions for the protection of consumer interests7but need to be further specified in order to ensure that abusive litigation is avoided; such criteria should cover, inter alia, the financial and human resources of qualifying organisations; – a class action system has to be rejected on the grounds that it is contrary to many Member States’ legal orders and violates the rights of any victim who might participate in the procedure unknowingly and yet would be bound by the court’s decision; – victims must in any case be free to seek the alternative of individual compensatory redress before a competent court; – only the actual damage sustained may be compensated: punitive damages must be prohibited; by virtue of the concept of compensation the damages awarded must be distributed to individual victims in proportion to the harm they sustained individually; by and large, contingency fees are unknown in Europe and must be rejected; – collective claimants must not be in a better position than individual claimants, and each claimant must provide evidence for his claim; an obligation to disclose documents to the claimants (‘discovery’) must remain under judicial scrutiny; – there can be no action without financial risk and Member States are to determine their own rules on a fair allocation of costs according to which the unsuccessful party must bear the costs of the other party; – the Member States should set out any conditions or guidelines on the funding of damages claims;
2011/09/22
Committee: JURI
Amendment 61 #

2011/2089(INI)

Motion for a resolution
Paragraph 13
13. Stresses that many of the infringements of Union law identified by the Commission in the field of EU consumer protection measures call for the strengthening of injunctive relief*8, and asks the Commission to identify the EU legislation in respect of which it is difficult to obtain compensatory redresswhile acknowledging that injunctive relief is not sufficient when victims have suffered damage and have the right to compensation;
2011/09/22
Committee: JURI
Amendment 66 #

2011/2089(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Notes that ADR mechanisms often depend on the trader's willingness to cooperate and the availability of an effective judicial redress system would act as a strong incentive for parties to agree on out -of -court settlement, which is likely to avoid a considerable number of cases, thereby avoiding litigation;
2011/09/22
Committee: JURI
Amendment 9 #

2011/2013(INI)

Motion for a resolution
Recital D a (new)
1 Da. whereas it is necessary to distinguish between conventional cross-border transactions and e-commerce, where specific problems exist and the transaction costs are different; whereas it is also necessary for the purposes of future impact assessments, to carefully and precisely define how transaction costs Eurobarometer 224, 2008, p. 4. are made up;
2011/03/04
Committee: JURI
Amendment 11 #

2011/2013(INI)

Motion for a resolution
Recital E
E. whereas it is clear that the application of foreign (consumer) law to cross-border transactions under the Rome-I Regulation*3 has been seen to entail considerable transaction costs for businesses, in particular for SMEs, which have been estimated at €15 000 per business and per 1 UK Federation of Small Businesses, Position paper on Rome I (2007). 2 OJ L 177, 4.7.2008, p. 6. 3 OJ L 177, 4.7.2008, p. 6. Member State*1,
2011/03/04
Committee: JURI
Amendment 14 #

2011/2013(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas this needs verifying in the light of the application of Article 6(2) and Article 4(1), point (a) of the Rome-I Regulation, which allows businesses to apply their national law, bearing in mind that Rome I has only been applied since December 2009;
2011/03/04
Committee: JURI
Amendment 18 #

2011/2013(INI)

Motion for a resolution
Recital F
F. whereas such transaction costs are perceived as important obstacles to cross- border trade, as confirmed by 60 % of EU retailers interviewed in 20081 , and whereas 46 % said harmonised rules would help to increasebeing one of the obstacles to cross-border sales,trade;
2011/03/04
Committee: JURI
Amendment 19 #

2011/2013(INI)

Motion for a resolution
Recital F a (new)
1 Eurobarometer 224, 2008, p. 4.Fa. whereas the divergence of contract law at national level does not constitute the only obstacle for SMEs and consumers in respect of cross border activities since they face other problems including language barriers, different taxation systems, the question of the reliability of online traders, digital literacy, security problems etc.; Or. en
2011/03/04
Committee: JURI
Amendment 20 #

2011/2013(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas it is of paramount importance that any initiative from the EU will have to answer real needs and concerns of both businesses and consumers; whereas these concerns also extend to legal/linguistic problems (provisions of standard terms and conditions for small businesses in all EU languages) and the difficulties in enforcing contracts across borders (provisions of autonomous EU measures in the field of procedural law);
2011/03/04
Committee: JURI
Amendment 22 #

2011/2013(INI)

Motion for a resolution
Recital G
G. whereas there is evidence that the online market remains fragmented: in a survey, 61 % of 10 964 test cross-border orders failed, inter alia because traders refused to serve the consumer's country1; whereas, on the other hand,a Commission study revealed that 61 % of 10 964 test cross-border orders failed and that cross-border shopping appears to increase consumers' chances of finding a cheaper offer*2 and of finding products not available domestically online*,3, whereas the figure of 61% seems to be very high and to warrant further study, verification and assessment;
2011/03/04
Committee: JURI
Amendment 31 #

2011/2013(INI)

Motion for a resolution
Recital H
H. whereas any steps taken in the area of European contract law must be cohernsistent with the expected Consumer Rights Directive, which will have a significant impact on the content and on the level of harmonisation of a possible future instrument in the field of European Contract Law; whereas it would be necessary to constantly and carefully monitor its implementation in the next months in order to define which should be the scope of the OI;
2011/03/04
Committee: JURI
Amendment 33 #

2011/2013(INI)

Motion for a resolution
Paragraph 1
1. Looks forward to the publication of the Expert Group's results in order to clarify the scope and the congoing discussiontent of the OI and in order to engage in an open and transparent discussion with all stakeholders as to how these results should be used and as the Commission would consider additional options, less intrusive than the OI, for facilitating cross-border activities; calls for the creation of "European standard contracts models", translated in all EU languages, linked to an ADR system, carried out on line, which would have the advantages of being a cost-effective and simpler solution for both contractual parties and the Commission;
2011/03/04
Committee: JURI
Amendment 36 #

2011/2013(INI)

Motion for a resolution
Paragraph 2
2. Favours the option 4 of setting up an optional instrument (OI) by means of a regulation after clarification of the legal basis; believes that such an OI could be complemented by a ‘toolbox’ that should be endorsed by means of an interinstitutional agreement;
2011/03/04
Committee: JURI
Amendment 44 #

2011/2013(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls on the Commission to clarify the contents of the toolbox and to consider complementing the OI by "model contract terms and conditions" for small businesses, translated into all languages; further calls on the Commission to expand the range of autonomous cross- border procedural instruments so as to facilitate the enforcement of cross-border transactions;
2011/03/04
Committee: JURI
Amendment 63 #

2011/2013(INI)

Motion for a resolution
Paragraph 5
5. Sees a compellingpossible practical advantage in the flexible and voluntary nature of an opt- in instrument; calls, however,however calls on the Commission to better clarify which contracting party will have the choice between the OI and the "normally" applicable law and how the Commission intends to reduce transaction costs; calls on the Commission to include in any proposal for an OI a mechanism for regular monitoring and review, with the close involvement of all parties concerned in order to ensure that the OI keeps up with the existing acquis, with market needs and with legal and economic developments;
2011/03/04
Committee: JURI
Amendment 66 #

2011/2013(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on the Commission to clarify the advantages of such an instrument for both consumers and businesses;
2011/03/04
Committee: JURI
Amendment 67 #

2011/2013(INI)

Motion for a resolution
Paragraph 5 b (new)
5b. Is concerned about the confusion the additional set of rules would create for SMEs, but, in particular, for consumers, bearing in mind that in order to enforce their rights consumers have to be aware of them;
2011/03/04
Committee: JURI
Amendment 68 #

2011/2013(INI)

Motion for a resolution
Paragraph 5 c (new)
5c. Insists that the legislation creating the OI be adopted under the ordinary legislative procedure and that the optional instrument itself be subject to scrutiny and amendment under that procedure;
2011/03/04
Committee: JURI
Amendment 75 #

2011/2013(INI)

Motion for a resolution
Paragraph 6
6. Believes that both business-to-business and business-to-consumer contracts should be covered; emphasises that the level of consumer protection would need to be high, as mandatory national provnd wishes for an explanation as to how this can be achievable; calls upon the Commissions, including to bear in mind the area of consumer law, wat a satisfactory solution must be foulnd be replacedto problems of private international law;
2011/03/04
Committee: JURI
Amendment 83 #

2011/2013(INI)

Motion for a resolution
Paragraph 7
7. Sees no reason why anBelieves that the OI should not be available as an opt-in both in cross-border and domestic situations, as this would have the advantages of simplicity and cost- saving,in the first instance and until a sufficient esxpecially for the SME sector; believes, however, that the effects of a domestic opt-in on national bodies of contract law merit specific analysirience has been acquired, and then only as an opt-in in cross border situations;
2011/03/04
Committee: JURI
Amendment 94 #

2011/2013(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls on the Commission and the Expert Group to clarify what is to be considered as "core contractual law issues";
2011/03/04
Committee: JURI
Amendment 98 #

2011/2013(INI)

Motion for a resolution
Paragraph 10
10. Sees benefits in an OI containing specific provisions for the most frequent types of contract, in particular for the sale of goods and provision of services; reiterates its earlier call to include insurance contracts within the scope of the OI, believing that such an instrument could be particularly useful for small-scale insurance contracts; points out that some specific issues in connection with which an OI might be beneficial have been raised, such as digital rights and beneficial ownership; considers that, on the other hand, there might be a need to exclude certain types of complex public law contracts; in any case believes that the scope of the OI should be limited in the first instance;
2011/03/04
Committee: JURI
Amendment 101 #

2011/2013(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Believes that the OI should be coherent with the existing acquis in contract law;
2011/03/04
Committee: JURI
Amendment 103 #

2011/2013(INI)

Motion for a resolution
Paragraph 11
11. NoteConsiders that there seems to be a clear constituency among SMEs which is expecting benefits from an OI, with the caveat that it should be drawn up in a OI should be drawn up in a simple, clear and balanced manner which makes it simple and attractive to use for all parties, in particular SMEs and consumers;
2011/03/04
Committee: JURI
Amendment 115 #

2011/2013(INI)

Motion for a resolution
Paragraph 13
13. Recalls that further work on cross- border alternative dispute resolution (ADR), which is speedy and cost-effective in particular for SMEs and consumers, remains a priority, but emphasises that, if the parties use one body of law provided by an OI, ADR will be further facilitated; calls on the Commission to consider synergies when putting forward a proposal; 1 United Nations Commission on International Trade Law Report of Working Group III (Online Dispute Resolution)on the work of its twenty-second session (Vienna, 13-17 December 2010), p. 8, 10.
2011/03/04
Committee: JURI
Amendment 121 #

2011/2013(INI)

Motion for a resolution
Paragraph 15
15. Notes concerns that consumers seldom feel they have a choice with regard to contract terms and are confronted with a ‘take it or leave it’ situation; strongly believes that an attractive OI, by opening up business opportunities and strengthening competition, will actually broaden the overall choice available to consumers while ensuring a high level of protection; wishes however for an explanation as to how this high level of protection can be achievable and as to how, at the same time, it would be possible to make the OI attractive to business;
2011/03/04
Committee: JURI
Amendment 125 #

2011/2013(INI)

Motion for a resolution
Paragraph 16
16. Emphasises the vital importance of involving stakeholders from throughout the Union and from different sectors of activity, including legal practitioners and recalls the Commission to undertake a wide and transparent consultation with all the stakeholders before it takes a decision based on the results of the Expert Group;
2011/03/04
Committee: JURI
Amendment 80 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 6 – point b
Directive 2006/43/EC
Article 8 – paragraph 3
(b) paragraph 3 is replaced by the following: ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of adapting the list of subjects to be included in the test of theoretical knowledge referred to in paragraph 1 of this Article. When using such powers, the Commission shall take into account developments in auditing and the audit profession.'deleted
2012/11/14
Committee: JURI
Amendment 98 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 11 – point c
Directive 2006/43/EC
Article 22 – paragraph 4
(c) paragraph 4 is replaced by the following: ‘4. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of specifying: (a) the threats and safeguards referred to in paragraph 2 of this Article; (b) the situations in which the significance of the threats, as referred to in paragraph 2 of this Article, is such that the independence of the statutory auditor or audit firm is compromised.’deleted
2012/11/14
Committee: JURI
Amendment 109 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 12
Directive 2006/43/EC
Article 26 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of amending the definition of international auditing standards in paragraph 2 of this Article. When using such powers, the Commission shall take into account any amendments brought to the ISAs by the IFAC, the opinion of the Public Interest Oversight Board on such amendments as well as any other developments in auditing and the audit profession.’.
2012/11/14
Committee: JURI
Amendment 118 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 14 – point b
Directive 2006/43/EC
Article 29 – paragraph 2
(b) paragraph 2 is replaced by the following: ‘2. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of further specifying the requirements concerning points (a), (b) and (e) to (j) of the first subparagraph of paragraph 1.’.deleted
2012/11/14
Committee: JURI
Amendment 159 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 21 – point d
Directive 2006/43/EC
Article 45 – paragraph 6 – subparagraph 2
‘The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of establishing the general equivalence criteria to be used when assessing whether the audits of the financial statements referred to in paragraph 1 of this Article are carried out in accordance with international auditing standards as referred to in Article 26 and the requirements laid down in Articles 22, 24 and 25. Such criteria which are applicable to all third countries shall be used by Member States when assessing equivalence at national level.’
2012/11/14
Committee: JURI
Amendment 160 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 22
Directive 2006/43/EC
Article 46 – paragraph 2 – subparagraph 2
‘The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of establishing the general equivalence criteria, based on the requirements laid down in Articles 29, 30 and 32, which shall be used when assessing whether the public oversight, quality assurance, investigation and penalties systems of a third country are equivalent to those of the Union. Such general criteria shall be used by Member States when assessing equivalence at national level in the absence of a Commission decision in respect of the third country concerned.’
2012/11/14
Committee: JURI
Amendment 163 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 23 – point b
Directive 2006/43/EC
Article 47 – paragraph 3 – subparagraph 2
‘The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of establishing the general adequacy criteria in accordance with which the Commission shall assess whether the competent authorities of third countries may be recognized as adequate to cooperate with the competent authorities of Member States on the exchange of audit working papers or other documents held by statutory auditors and audit firms. The general adequacy criteria shall be based on the requirements of Article 36 or essentially equivalent functional results to a direct exchange of audit working papers or other documents held by statutory auditors or audit firms.’
2012/11/14
Committee: JURI
Amendment 164 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 23 – point c
Directive 2006/43/EC
Article 47 – paragraph 5
‘5. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of defining the exceptional cases referred to in paragraph 4 of this Article in order to facilitate cooperation between competent authorities.’
2012/11/14
Committee: JURI
Amendment 172 #

2011/0389(COD)

Proposal for a directive
Article 1 – point 25
5. A delegated act adopted pursuant to Articles 8(3), 22(4), 26(3), 29(2), 36(7), 45(6), 46(2), 47(3) and 47(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of [twofour months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.'.
2012/11/14
Committee: JURI
Amendment 246 #

2011/0359(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
(ba) Member States may exempt public interest entities which have not issued transferable securities admitted to trading on a regulated market within the meaning of point 14 of Article 4(1) of Directive 2004/39/EC and their statutory auditor(s) or audit firm(s) from one or more of the requirements of this regulation.
2012/11/09
Committee: JURI
Amendment 252 #

2011/0359(COD)

Proposal for a regulation
Article 5 – paragraph 1 a (new)
(1a) Where a cooperative within the meaning of Article 2(14) of Directive 2006/43/EC, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC, a subsidiary or a legal successor of a cooperative, a savings bank or a similar entity as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national provisions to be a member of a non-profit- making auditing entity, an objective, reasonable and informed party would not conclude that the membership-based relationship compromises the statutory auditor's independence, provided that when such an auditing entity is conducting a statutory audit of one of its members, the principles of independence laid down in this Chapter are applied to the auditors carrying out the audit and those persons who may be in a position to exert influence on the statutory audit.
2012/11/09
Committee: JURI
Amendment 276 #

2011/0359(COD)

Proposal for a regulation
Article 9 – paragraph 3 a (new)
3a. Where Article 37 (2) of Directive 2006/43/EC applies paragraph 2 and 3 of this Article shall not apply.
2012/11/09
Committee: JURI
Amendment 416 #

2011/0359(COD)

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point a
(a) confirm annually in writing to the audit committeesupervisory or administrative body of the entity his, her or its independence from the audited entity;
2012/11/09
Committee: JURI
Amendment 417 #

2011/0359(COD)

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point b
(b) confirm annually in writing to the audit committeesupervisory or administrative body of the entity the names of the audit partners, senior manager and manager of the core team conducting the statutory audit, certifying that there are no conflicts of interest;
2012/11/09
Committee: JURI
Amendment 418 #

2011/0359(COD)

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point c
(c) request permission from the audit committeesupervisory or administrative body of the entity to provide the non-audit services referred to in Article 10(3)(b)(i) and (ii) to the audited entity;
2012/11/09
Committee: JURI
Amendment 421 #

2011/0359(COD)

Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point e
(e) discuss with the audit committeesupervisory or administrative body of the entity the threats to their independence and the safeguards applied to mitigate those threats, as documented by them pursuant to paragraph 3.
2012/11/09
Committee: JURI
Amendment 459 #

2011/0359(COD)

Proposal for a regulation
Article 23 – title
Additional report to the audit committeesupervisory or administrative body
2012/11/09
Committee: JURI
Amendment 461 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
The statutory auditor(s) or the audit firm(s) carrying out statutory audit of public- interest entities shall submit an additional report to the audit committeesupervisory or administrative body of the audited entity.
2012/11/09
Committee: JURI
Amendment 464 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
If the audited entity does not have an audit committee, the additional report shall be submitted to the body performing equivalent functions within the audited entity.deleted
2012/11/09
Committee: JURI
Amendment 465 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 3
The audit committeesupervisory or administrative body of the entity or the body performing equivalent functions shall be allowed to transmit the additional report to the management, administrative or supervisory body of the audited entity.
2012/11/09
Committee: JURI
Amendment 467 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 4
The additional report shall be disclosed to the general meeting of the audited entity if the managementsupervisory or administrative body of the audited entity so decides.
2012/11/09
Committee: JURI
Amendment 468 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 4
The additional report shall be disclosed to the general meeting of the audited entity if the managementsupervisory or administrative body of the audited entity so decides.
2012/11/09
Committee: JURI
Amendment 469 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 2 – introductory part
2. The additional report to the audit committeesupervisory or administrative body of the entity shall be in writing. It shall explain in detail and explicitly the results of the statutory audit carried out and shall at least:
2012/11/09
Committee: JURI
Amendment 472 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point b
(b) identify the dates of the meetings with the audit committee or the body performing equivalent functions withinand or with the supervisory or administrative body of the audited entity;
2012/11/09
Committee: JURI
Amendment 473 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point c
(c) identify the dates of the meetings, if any, with the management, administrative or supervisory body of the audited entity;
2012/11/09
Committee: JURI
Amendment 479 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 2 – point h
(h) indicate and explain in detail all instances of non-compliance, including non-material instances as far as it is considered to be important to the audit committeesupervisory or administrative body of the entity in order to fulfil its tasks;
2012/11/09
Committee: JURI
Amendment 486 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 3
3. In case of disagreement between the appointed statutory auditors or audit firms on auditing procedures, accounting rules or any other issue regarding the conduct of the statutory audit, the reasons for such disagreement shall be explained in the additional report to the audit committeesupervisory or administrative body of the entity.
2012/11/09
Committee: JURI
Amendment 487 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 4
4. The additional report to the audit committeesupervisory or administrative body of the entity shall be signed and dated by the statutory auditor(s) or the audit firm(s). Where an audit firm carries out the statutory audit, the additional report to the audit committeesupervisory or administrative body of the entity shall be signed by at least the statutory auditor(s) carrying out the statutory audit on behalf of the audit firm.
2012/11/09
Committee: JURI
Amendment 488 #

2011/0359(COD)

Proposal for a regulation
Article 23 – paragraph 5
5. Upon request, the statutory auditor(s) or the audit firm(s) shall make available without delay the additional report to the competent authorities.deleted
2012/11/09
Committee: JURI
Amendment 491 #

2011/0359(COD)

Proposal for a regulation
Article 24 – title
Oversight of the statutory audit by the audit committeesupervisory or administrative body
2012/11/09
Committee: JURI
Amendment 494 #

2011/0359(COD)

Proposal for a regulation
Article 24 – paragraph 1
The audit committeesupervisory or administrative body of the public-interest entity shall monitor the work of the statutory auditor(s) or audit firm(s) carrying out the statutory audit.
2012/11/09
Committee: JURI
Amendment 497 #

2011/0359(COD)

Proposal for a regulation
Article 24 – paragraph 2
The statutory auditor(s) or audit firm(s) shall report to the audit committeeentity’s supervisory or administrative body on key matters arising from the statutory audit, and in particular on material weaknesses in internal control in relation to the financial reporting process. Upon request of any of the parties, the statutory auditor(s) or audit firm(s) shall discuss these matters with the audit committee.
2012/11/09
Committee: JURI
Amendment 499 #

2011/0359(COD)

Proposal for a regulation
Article 24 – paragraph 4
In is the instance of the audited entity being exempted from the obligation to have an audit committee, the audited entity shall decide which body or organ of the entity shall engage with the statutory auditor or audit firm for the purposes of the obligations set out in this Article.deleted
2012/11/09
Committee: JURI
Amendment 518 #

2011/0359(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
A majority of the members of the audit committee shall be independent. The chairman of the audit committee shall be appointed by its members and shall be independent.
2012/11/09
Committee: JURI
Amendment 519 #

2011/0359(COD)

Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 a (new)
The responsibilities of the audit committee shall include discussing the statutory audit and the outcome thereof in such a way that its members can form their own judgment concerning the quality of that audit.
2012/11/09
Committee: JURI
Amendment 527 #

2011/0359(COD)

Proposal for a regulation
Article 31 – paragraph 5 – point f
(f) authorise, on a case by case basis, preparation of a decision by the supervisory or administrative body on the provision by the statutory auditor or audit firm of the services referred to in Article 10(3)(b)(i) and (ii) of this Regulation to the audited entity.
2012/11/09
Committee: JURI
Amendment 530 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to 56 of this Article shall apply.
2012/11/09
Committee: JURI
Amendment 531 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
Where Article 37(2) of Directive 2006/43/EC applies, the public-interest entity shall only inform the competent authority of the use of the alternative systems or modalities referred to in that Article; in this case paragraphs 2 to 6 of this Article shall not apply.
2012/11/09
Committee: JURI
Amendment 556 #

2011/0359(COD)

Proposal for a regulation
Article 32 – paragraph 7 a (new)
7a. After the statutory auditor has been selected by the general meeting of members or shareholders, the non- executive members of the administrative body or the supervisory body, in consultation with the entity’s audit committee, shall issue the audit assignment.
2012/11/09
Committee: JURI
Amendment 563 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
The public-interest entity may renew this engagement only once.deleted
2012/11/09
Committee: JURI
Amendment 574 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
The maximum duration of the combined two engagements shall not exceed 6 years.deleted
2012/11/09
Committee: JURI
Amendment 586 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4
Where throughout a continuous engagement of 6 years two statutory auditors or audit firms have been appointed, the maximum duration of the engagement of each statutory auditor or audit firm shall not exceed 9 years.deleted
2012/11/09
Committee: JURI
Amendment 596 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4 a (new)
Prior to reappointment, the entity’s supervisory or administrative body, in consultation with the audit committee, shall consider whether the statutory auditor's performance has met statutory requirements and whether reappointment should be recommended. The entity’s supervisory or administrative body shall disclose its assessment criteria.
2012/11/09
Committee: JURI
Amendment 598 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 1 a (new)
1 a. For the purposes of the application of Article 37 (1) of Directive 2006/43/EC, for the appointment of statutory auditors or audit firms by public-interest entities, the conditions set out in paragraphs 2 to 7 shall apply. Where Article 37 (2) of Directive 2006/43/EC applies paragraphs 2 to 4 of this Article shall not apply.
2012/11/09
Committee: JURI
Amendment 605 #

2011/0359(COD)

Proposal for a regulation
Article 33 – paragraph 2
2. After the expiry of the maximum duration of the engagement referred to in paragraph 1, the statutory auditor or audit firm or any members of its network within the UnionIn connection with subsequent reappointments, too, the entity's supervisory or administrative body and audit committee shall ensure that the statutory auditor meets the requirements as regards the quality of his/her work and his/her independence. Where a statutory auditor has been engaged for more than 10 years to audit the accounts, wthere applicable, shall not undertake the statutory audit of the public-interest entity concerned until a period of at least four years has elapsed supervisory or administrative body shall consider separately whether a change of statutory auditor is appropriate, giving the general meeting a statement of its reasons.
2012/11/09
Committee: JURI
Amendment 1 #

2011/0093(COD)

Proposal for a regulation
Recital 7
(7) The creation of unitary patent protection should be achieved by giving unitary effect to European patents in the post-grant phase by virtue of this Regulation and in respect of all the participating Member States. The main feature of European patents with unitary effect should be their unitary character, i.e. providing uniform protection and having equal effect in all participating Member States. Consequently, a European patent with unitary effect should only be limited, licensed, transferred, revoked or lapse in respect of all the participating Member States. To ensure the uniform substantive scope of protection conferred by unitary patent protection, only European patents that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. However, to ensure legal cerIt should be possible for a European patent with unitary effect to be licensed in respect of the whole or part of the territories of the participating Member States. To ensure the uniform substainty in the event of a limitation or revocaive scope of protection con the ground of lack of novelty pursuant to Article 54(3) EPC, the limitation or revocaferred by unitary patent protection, of anly European patent with unitary effect should take effect only in respect of the participating Member State(s) designated in the earlier European patent application as publisheds that have been granted for all the participating Member States with the same set of claims should benefit from unitary effect. Finally, the unitary effect attributed to a European patent should have an accessory nature and should cease to exist or be limited to the extent that the basic European patent has been revoked or limited.
2011/12/08
Committee: JURI
Amendment 2 #

2011/0093(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) The matter of compulsory licences is not covered by this Regulation. Compulsory licences for European patents with unitary effect should be governed by the national legislations of the participating Member States on their respective territories.
2011/12/08
Committee: JURI
Amendment 3 #

2011/0093(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) The regime applicable to damages should be governed by the law of the participating Member States, in particular the provisions implementing Article 13 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights.
2011/12/08
Committee: JURI
Amendment 4 #

2011/0093(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) In the framework of the Select Committee, the participating Member States should ensure the governance and supervision of the activities related to the tasks entrusted to the European Patent Office by the participating Member States, ensure that requests for unitary effect are filed with the European Patent Office within one month of the date of the publication of the mention of the grant in the European Patent Bulletin and ensure that they are submitted in the language of the proceedings before the European Patent Office together with the translation prescribed for, during a transitional period, by Council Regulation…/… [translation arrangements]. The participating Member States should also ensure the setting, in accordance with the voting arrangements in Article 35(2) of the EPC, of the level of the renewal fees and the share of the distribution of the renewal fees in accordance with the criteria set out in this Regulation.
2011/12/08
Committee: JURI
Amendment 5 #

2011/0093(COD)

Proposal for a regulation
Recital 16
(16) Patent proprietors should pay one common annual renewal fee for European patents with unitary effect. Renewal fees should be progressive throughout the term of the patent protection and, together with the fees to be paid to the European Patent Organisation during the pre-grant stage, should cover all costs associated with the grant of the European patent and the administration of the unitary patent protection. The level of the renewal fees should be fixed with the aim of facilitating innovation and fostering the competitiveness of European businesses taking into account the situation of specific entities such as small and medium-sized enterprises for example in the form of lower fees. It should also reflect the size of the market covered by the patent and be similar to the level of the national renewal fees for an average European patent taking effect in the participating Member States at the time where the level of the renewal fees is first fixed by the Commission.
2011/12/08
Committee: JURI
Amendment 6 #

2011/0093(COD)

Proposal for a regulation
Recital 18
(18) Renewal fees should be paid to the European Patent Organisation. 50 percent thereof minusThe European Patent Office shall retain an amount to cover the expenses incurrgenerated byat the European Patent Office in carrying out tasks in relation to the unitary patent protection in accordance with Article 146 EPC. The remaining amount shall be distributed among the participating Member States, which should be used for patent-related purposes. The share of distribution should be set on the basis of fair, equitable and relevant criteria namely the level of patent activity and the size of the market and should guarantee a minimum amount to be redistributed to each participating Member State in order to maintain a balanced and sustainable functioning of the system. The distribution should provide compensation for having an official language other than one of the official languages of the European Patent Office, having a disproportionately low level of patenting activity established on the basis of the European Innovation Scoreboard (EIS) and having acquired membership of the European Patent Organisation relatively recently.
2011/12/08
Committee: JURI
Amendment 7 #

2011/0093(COD)

Proposal for a regulation
Recital 21 a (new)
(21a) The jurisdiction for European patents with unitary effect should be established and governed by an instrument setting up a unified patent litigation system for European patents and European patents with unitary effect.
2011/12/08
Committee: JURI
Amendment 8 #

2011/0093(COD)

Proposal for a regulation
Recital 21 b (new)
(21b) In order to ensure the proper functioning of the European patent with unitary effect, the consistency of the case- law and hence legal certainty, and the cost effectiveness for patent holders, the establishment of a Unified Patent Court to hear cases concerning the European patent with unitary effect is essential. It is therefore of paramount importance that the participating Member States ratify the Agreement on a Unified Patent Court in accordance with their national constitutional and parliamentary procedures and take the necessary steps for that Court to be operational as soon as possible.
2011/12/08
Committee: JURI
Amendment 9 #

2011/0093(COD)

Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
European patents granted with an identical scope of protectionthe same set of claims in respect of all the participating Member States shall benefit from unitary effect in the participating Member States provided that their unitary effect has been registered in the Register for unitary patent protection referred to in Article 12(1)(bda).
2011/12/08
Committee: JURI
Amendment 10 #

2011/0093(COD)

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Without prejudice to Article 5, aA European patent with unitary effect may only be limited, licensed, transferred, revoked or lapse in respect of all the participating Member States. A European patent with unitary effect may be licensed in respect of the whole or part of the territories of the participating Member States.
2011/12/08
Committee: JURI
Amendment 11 #

2011/0093(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The participating Member States shall take the necessary measures to ensure that, where the unitary effect of a European patent has been registered and extends to their territory, the European patent is deemed not to have taken effect as a national patent in their territory on the date of the publication of the mention of the grant in the European Patent Bulletin.
2011/12/08
Committee: JURI
Amendment 12 #

2011/0093(COD)

Proposal for a regulation
Article 6 – point b
(b) using a process which is the subject matter of the patent or, where the third party knows, or should have known, that the use of the process is prohibited without the consent of the proprietor of the patent, from offering the process for use within the territory of the participating Member States in which that patent has unitary effect;
2011/12/08
Committee: JURI
Amendment 13 #

2011/0093(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The European patent with unitary effect shall confer on its proprietor the right to prevent any third party not having the proprietor's consent from supplying or offering to supply, within the participating Member States any person without the proprietor's consent,in which that patent has unitary effect, any person other than a party entitled to exploit the patented invention, with means, relating to an essential element of that invention, for putting it into effect therein, when the third party knows, or should have known, that those means are suitable and intended for putting that invention into effect.
2011/12/08
Committee: JURI
Amendment 14 #

2011/0093(COD)

Proposal for a regulation
Article 8 – point e
(e) the use on board vessels of countries other than participating Member States in which that patent has unitary effect of the patented invention, in the body of the vessel, in the machinery, tackle, gear and other accessories, when such vessels temporarily or accidentally enter the waters of participating Member States in which that patent has unitary effect, provided that the invention is used there exclusively for the needs of the vessel;
2011/12/08
Committee: JURI
Amendment 15 #

2011/0093(COD)

Proposal for a regulation
Article 8 – point f
(f) the use of the patented invention in the construction or operation of aircraft or land vehicles or other means of transport of States other than participating Member States in which that patent has unitary effect, or of accessories to such aircraft or land vehicles, when these temporarily or accidentally enter the territory of the participating Member States in which that patent has unitary effect;
2011/12/08
Committee: JURI
Amendment 16 #

2011/0093(COD)

Proposal for a regulation
Article 8 – point g
(g) the acts specified in Article 27 of the Convention on International Civil Aviation of 7 December 1944, where these acts concern the aircraft of a country other than a participating Member State in which that patent has unitary effect;
2011/12/08
Committee: JURI
Amendment 17 #

2011/0093(COD)

Proposal for a regulation
Article 9
The rights conferred by a European patent with unitary effect shall not extend to acts concerning the product covered by that patent which are carried out within the territories of the participating Member States in which that patent has unitary effect after that product has been put on the market in the Union by the proprietor of the patent or with his/her consent, unless there are legitimate grounds for the proprietor to oppose further commercialisation of the product.
2011/12/08
Committee: JURI
Amendment 18 #

2011/0093(COD)

Proposal for a regulation
Article 10 – paragraph 1 – introductory wording
1. A European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the participating Member State in which that patent has unitary effect in which, according to the European Patent Register:
2011/12/08
Committee: JURI
Amendment 19 #

2011/0093(COD)

Proposal for a regulation
Article 10 – paragraph 3
3. Where no proprietor has his/her residence, principal place of business or a place of business in a participating Member State in which that patent has unitary effect for the purposes of paragraphs 1 or 2, the European patent with unitary effect as an object of property shall be dealt with in its entirety and in all the participating Member States as a national patent of the State where the European Patent Organisation has its headquarters in accordance with Article 6(1) of the EPC.
2011/12/08
Committee: JURI
Amendment 20 #

2011/0093(COD)

Proposal for a regulation
Article 12 – title
Implementation by the participAdministrative tasks in the framework of Member States the European Patent Organisationg
2011/12/08
Committee: JURI
Amendment 21 #

2011/0093(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point e
(e) the collection and administration of renewal fees for European patents with unitary effect, in respect of the years following the year in which the Register referred to in point b)European Patent Bulletin mentions their grant; the collection and administration of additional fees paid in cases of late payment of renewal fees within six months of the due date, as well as the distribution of a part of the collected renewal fees to the participating Member States; and
2011/12/08
Committee: JURI
Amendment 22 #

2011/0093(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point f a (new)
(fa) ensuring that requests by the patent proprietor for unitary effect for a European patent are submitted in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin;
2011/12/08
Committee: JURI
Amendment 23 #

2011/0093(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point f b (new)
(fb) ensuring that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council Regulation …/… [translation arrangements], has been submitted together with the translations referred to in that Article and that the European Patent Office is informed of any limitations, licenses, transfers and revocations of European patents with unitary effect.
2011/12/08
Committee: JURI
Amendment 24 #

2011/0093(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
For the purposes of point a), the participating Member States shall ensure that requests by the patent proprietor for unitary effect for a European patent are filed in the language of the proceedings as defined in Article 14(3) of the EPC no later than one month after the mention of the grant is published in the European Patent Bulletin.deleted
2011/12/08
Committee: JURI
Amendment 25 #

2011/0093(COD)

Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3
For the purposes of point b), the participating Member States shall ensure that the unitary effect is indicated in the Register for unitary patent protection, where a request for unitary effect has been filed and, during the transitional period provided for in Article 6 of Council Regulation …/… [translation arrangements], has been submitted together with the translations referred to in that Article; and that the European Patent Office is informed of limitations and revocations of European patents with unitary effect.deleted
2011/12/08
Committee: JURI
Amendment 26 #

2011/0093(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Member States shall ensure compliance with the provisions of this Regulation in implementing their international obligations undertaken in the EPC and shall cooperate amongst themselves to that end. In their capacity as Contracting States to the EPC, the participating Member States shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 and shall ensure the setting of the level of renewal fees in accordance with Article 15 and the setting of the share of distribution of the renewal fees in accordance with Article 16. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC. The Select Committee of the Administrative Council shall consist of the representatives of the Member States and a representative of the Commission as an observer, as well as alternates who will represent them in their absence. The members of the Select Committee may be assisted by advisers or by experts. Decisions of the Select Committee of the Administrative Council shall be taken with due regard for the position of the Commission and in accordance with the rules set out in Article 35(2) of the EPC.
2011/12/08
Committee: JURI
Amendment 27 #

2011/0093(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. The participating Member States shall ensure effective legal protection before a national courtcompetent court of one or several participating Member States against the decisions of the European Patent Office in carrying out the tasks referred to in paragraph 1.
2011/12/08
Committee: JURI
Amendment 28 #

2011/0093(COD)

Proposal for a regulation
Article 15 – paragraph 2 – introductory wording
2. The level of the renewal fees, shall be fixed, taking into account, among others, the situation of specific entities such as small and medium-sized enterprises, with the aim of
2011/12/08
Committee: JURI
Amendment 29 #

2011/0093(COD)

Proposal for a regulation
Article 15 – paragraph 3 – introductory wording
3. In order to reach these objectives set out in this Chapter, the Commission shall set the level of renewal fees shall be set at a level that:
2011/12/08
Committee: JURI
Amendment 30 #

2011/0093(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. The part of the collected renewal fees to be distributed to the participating Member States referred to in ArtEuropean Patent Officle 12(1)(e) shall beshall retain 50 percent of the renewal fees referred to in Article 14 paid for European patents with unitary effect minus the costs asso. The remaining amount shall be distributed to the participated with the admining Member States in accordance with the share of distraibution of the unitary patent protection referred to inrenewal fees set in accordance with Article 12(2).
2011/12/08
Committee: JURI
Amendment 31 #

2011/0093(COD)

Proposal for a regulation
Article 21
1. The participating Member States shall notify the Commission of the measures adopted in accordance with Articles 4(2) and 1 12 by the date set in Article 22(2). 1a. Each participating Member State shall notify the Commission of the measures adopted in accordance with Article 4(2 )by the date set in Article 22(2). of application of this Regulation or, in the case of a participating Member State in which the Unified Patent Court does not have exclusive jurisdiction with regard to European patents with unitary effect on the date of application of this Regulation, the date from which the Unified Patent Court has such exclusive jurisdiction in that participating Member State.
2011/12/08
Committee: JURI
Amendment 32 #

2011/0093(COD)

Proposal for a regulation
Article 22 – paragraph 2
2. It shall apply from [a specific date will be set and it will coincide with the date of appl1 January 2014 or the date of entry into force of the Agreement on a Unified Patent Court, whichever is the later. By way of derogation from Articles 3(1)- (2) and 4(1), a European patent for which unitary effect is registered in the Register for unitary patent protection referred to in Article 2(da) shall have unitary effect only in those participating Member States in which the Unified Patent Court has exclusive jurisdication of Council Regulation …/… on the implementation of enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements]. with regard to European patents with unitary effect at the date of registration. 2a. Each participating Member State shall notify the Commission of its ratification of the Agreement at the time of deposit of its ratification instrument. The Commission shall publish the date of entry into force of the Agreement and a list of the Member States who have ratified the Agreement at the date of entry into force in the Official Journal of the European Union. The Commission shall thereafter regularly update the list of the participating Member States which have ratified the Agreement and publish it in the Official Journal.
2011/12/08
Committee: JURI
Amendment 33 #

2011/0093(COD)

Proposal for a regulation
Article 22 – paragraph 4
4a. Unitary patent protection may be requested for any European patent granted on or after the date set out in the first subparagraph of paragraph 2.
2011/12/08
Committee: JURI
Amendment 26 #

2010/2080(INI)

Motion for a resolution
Paragraph 9a (new)
9a. Points out that the Network of the Presidents of the Supreme Judicial Courts, the European Network of the Councils for the Judiciary, the Association of the Councils of State and Supreme Administrative Jurisdictions and the Eurojustice network of European Prosecutors-General, court officers and legal practitioners have a huge amount to offer by coordinating and promoting professional training for the judiciary and mutual understanding of other Member States’ legal systems and making it easier to resolve cross-border disputes and problems, and their activities must be facilitated and receive sufficient funding; this must lead to a fully-funded plan for European judicial training drawn up in liaison with the above-mentioned judicial networks, avoiding unnecessary duplication of programmes and structures and leading to the creation of a European Judicial Academy composed of the European Judicial Training Network and the Academy of European Law;
2010/09/06
Committee: JURI
Amendment 5 #

2010/2021(INI)

Motion for a resolution
Paragraph 2
2. Stresses that Article 290 TFEU gives the Legislator the freedom to choose which control mechanism(s) to put in place; considermaintains that the two examples enumerated in Article 290(2), objection and revocation, are purely illustrative and that one could envisage subjecting a delegation of power to other means of control, such as an express approval by Parliament and the Council of each delegated act or a possibility of repealing individual delegated acts already in forcdefinitive;
2010/03/11
Committee: JURI
Amendment 9 #

2010/2021(INI)

Motion for a resolution
Paragraph 3
3. Takes the view, however, that the two examples of possible conditions mentioned in Article 290(2) TFEU, objection and revocation, mayshould be regarded as the most usual ways to control the Commission's use of delegated powers;
2010/03/11
Committee: JURI
Amendment 15 #

2010/2021(INI)

Motion for a resolution
Paragraph 8
8. Maintains that the duration of a delegation cannot be indefinite; is of the opinion, however, that a delegation of a limited duration could provide for the possibility of periodic renewal; considers that a basic act can provide that such periodical renewal take place either tacitly or following an express request by the Commission; considers that, in both cases, the delegation can only be renewed if neither Parliament noragrees and the Council does not expresses any objections within a specified deadline;
2010/03/11
Committee: JURI
Amendment 24 #

2010/2021(INI)

Motion for a resolution
Paragraph 11 a (new)
(11a) Stresses that experts are involved in preparatory work for the adoption of delegated acts solely in an advisory capacity; also stresses that Parliament should be informed by the Commission about any such work and, if the Commission does not plan to consult national experts, can oblige it to do so;
2010/03/11
Committee: JURI
Amendment 29 #

2010/2021(INI)

Motion for a resolution
Paragraph 16 a (new)
(16a) Requires Parliament's Administration to reallocate resources as a (budget-neutral) means of providing the posts needed to deliver appropriate support for the performance of tasks connected with Article 290 TFEU;
2010/03/11
Committee: JURI
Amendment 7 #

2010/0207(COD)

Proposal for a directive
Recital 26 a (new)
(26a) Since, however, the infrastructure necessary for a short payout delay of one week is not yet in place, a four-week payout delay should apply for a transitional period up to 1 January 2017, thereby ensuring that depositor confidence is not seriously and permanently undermined by failure to respect the deadline thus detracting from the stabilising effect of deposit guarantee schemes. The one-week payout delay should become binding from 1 January 2017. However, in order to ensure that, during this transitional period, depositors do not find themselves in financial difficulties should their credit institute fail and ensure legal certainty for depositors and credit institutes, a rapid payout of up to € 5 000 within one week should be guaranteed by Deposit Guarantee Schemes during the transitional period also.
2011/02/21
Committee: JURI
Amendment 9 #

2010/0207(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
(2) Member States shall ensure that Ddeposit Guarantee Schemes do not deviate fromors have a legal entitlement to the coverage level laid down in paragraph 1. However, Member States may decide that the following deposits are covered provided that the costs for such repayments are not subject to Article 9, 10 and 11:
2011/02/21
Committee: JURI
Amendment 10 #

2010/0207(COD)

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Deposit Guarantee Schemes shall be in a position to repay unavailable deposits within 7 dayfour weeks of the date on which the competent authorities make a determination as referred to in Article 2(1)(e)(i) or a judicial authority makes a ruling as referred to in Article 2(1)(e)(ii). From 1 January 2017, this period shall be reduced to one week. During the transitional period between the entry into force of the directive and the reduction of the payout delay, depositors shall be paid up to € 5 000 of their existing credit balances within a period of one week.
2011/02/21
Committee: JURI
Amendment 18 #

2010/0207(COD)

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – introductory part
A scheme shall have the right to borrow from all other Deposit Guarantee Schemes referred to inDeposit Guarantee Schemes may lend to other schemes in accordance with Article 1(2) within the Union provided that all of the following conditions are met:
2011/02/21
Committee: JURI
Amendment 21 #

2010/0207(COD)

Proposal for a directive
Article 18 – paragraph 1
(1) The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by onetwo months.
2011/02/21
Committee: JURI
Amendment 1 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 1
(1) According to Article 27 of the Treaty on European Union, the High Representative of the Union for Foreign Affairs and Security Policy (the High Representative) is to be assisted by a European External Action Service (EEAS). This service is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. This service is to form part of the Union's open, efficient and independent European administration, as provided for in Article 298 of the Treaty on the Functioning of the European Union.
2010/10/14
Committee: JURI
Amendment 2 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 3
(3) The High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission should act as Appointing Authority and Authority to Conclude Contracts for the staff of the EEAS, with the possibility of entrusting the EEAS with these powers. As certain EEAS staff members, including the Heads of Delegations, will have to carry out tasks for the Commission as part of their normal duties, provision should be made for the participation of the Commission in certain decisions concerning those staff members.
2010/10/14
Committee: JURI
Amendment 3 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 3 a (new)
(3a) Officials of the Union and temporary agents coming from the diplomatic services of the Member States should have the same rights and obligations and be treated equally, in particular as concerns their eligibility to assume all positions under equivalent conditions. No distinction should be made between temporary agents coming from national diplomatic services and officials of the Union as regards the assignment of duties to perform in all areas of activities and policies implemented by the EEAS.
2010/10/14
Committee: JURI
Amendment 4 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 4
(4) It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should, in accordance with Article 221(2) of the Treaty on the Functioning of the European Union, follow instructions given by the Commission. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation, in particular on organisational and administrative matters and on the implementation of the Union budget.
2010/10/14
Committee: JURI
Amendment 5 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 5
(5) For the avoidance of doubt, it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to the Council Decision referred to in Article 27(3) of the Treaty on European Union2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1 are deemed to be transferred with the post. This should also applypply mutatis mutandis to contract and local staff assigned to such an organisational entity. Specific measures should be taken to ensure that tThe staff concerned by theis transfer receive appropriate career guidance and assistancewill be informed in advance. 1 OJ L 201,3.8.2010, p. 30.
2010/10/14
Committee: JURI
Amendment 6 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 6
(6) Officials from the Council or the Commissioninstitutions other than the EEAS who have taken up duties in the EEAS should be able to apply for vacant posts within their institution of origin on an equal footing with internal candidates of thoseat institutions.
2010/10/14
Committee: JURI
Amendment 7 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 7
(7) IUntil 30 June 2013, in order to take account of specific situations in a flexible manner (for example an urgent need to fill a post need for future transfers of technical support tasks from the General Secretariat of the Council or from the Commission to the EEAS), a transfer of officials in the interests of the service with their post, that is without prior publication of thea vacant post, from the Council or the Commission to the EEAS should also be made possible in duly justified exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.
2010/10/14
Committee: JURI
Amendment 8 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 7 a (new)
(7a) Until 30 June 2014, with regard to those officials from the General Secretariat of the Council or from the Commission who have been transferred to the EEAS at the start-up phase, it should be possible to transfer such EEAS officials without their post, in the interest of the service, from the EEAS to the Council or the Commission.
2010/10/14
Committee: JURI
Amendment 9 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 8
(8) In order to give effect to Article 27(3) of the Treaty on European Union, which identifies three sources of staff for the EEAS, it should be provided that until 30 June 2013 the EEAS will recruit exclusively officials originating from the General Secretariat of the Council and the Commission as well as staff from the diplomatic services of the Member States. During this period, it is necessary to ensure that staff from national diplomatic services, candidates from the General Secretariat of the Council and the Commission as well as internal candidates can apply for posts in the EEAS on an equal footing. From 1 July 2013 at the latest this should also apply to officials from other institutions. However, in order to guarantee proper representation of staff from national diplomatic services in the EEAS, the High Representative of the Union for Foreign AffairDuring the same period, it should however be possible, in exceptional cases and after having exhausted the possibilities to recruit from the three exclusive sources, to recruit from outside those sources technical support staff at AD level necessary for the good functioning of the EEAS, such as specialists in the areas of crisis mand Security Policy and Vice-President of the Commission should be able to decide that for posts in function group AD, until 30 June 2013, priority may be given to candidates from national diplomatic services of the Member States in case of substantially equal qualificaagement, security and IT. From 1 July 2013 access to posts in the EEAS should also be opened to officials from other institutions.
2010/10/14
Committee: JURI
Amendment 10 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 8 a (new)
(8a) In addition, with a view to helping reach the target that staff from national diplomatic services should represent at least one third of all EEAS staff at AD level, it is necessary to provide for a temporary derogation until 30 June 2013 from Article 98(1) of the Staff Regulations enabling the High Representative to give priority for certain posts in function group AD in the EEAS to candidates from such national diplomatic services in the case of equivalent qualifications.
2010/10/14
Committee: JURI
Amendment 11 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 8 b (new)
(8b) In order to ensure a proper balance amongst the different staff components of the EEAS and in accordance with the Council Decision establishing the organisation and functioning of the European External Action Service, when the EEAS has reached its full capacity, personnel from the diplomatic services of the Member States appointed as temporary agents should represent at least one third of all EEAS staff at AD level and Union officials should represent at least 60% of all EEAS staff at AD level. This should include staff coming from the diplomatic services of the Member States who have become permanent officials of the Union in accordance with the provisions of the Staff Regulations.
2010/10/14
Committee: JURI
Amendment 12 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 9
(9) Selected candidates fromwho are seconded by the national diplomatic services who are seconded byof their Member States should be employed as temporary agents and thus be put on equal footing with officials. The y should be recruited on the basis of an objective and transparent procedure and the implementing provisions to be adopted by the EEAS should guarantee equivalent career perospectivess within the EEAS for temporary agents that are equivalent to those ofand officials.
2010/10/14
Committee: JURI
Amendment 13 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 9 a (new)
(9a) In accordance with Article 27 of the Staff Regulations and Articles 12(1), first subparagraph, and 82 of the Conditions of Employment of Other Servants, recruitment or engagement should be directed to securing for the EEAS the services of officials and temporary staff of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Union. This will apply to the EEAS as a whole and to its different staff components, including temporary staff referred to in Article 2(e) of the Conditions of Employment of Other Servants. In addition, the staff of the EEAS should comprise an appropriate and meaningful presence of nationals from all the Member States.
2010/10/14
Committee: JURI
Amendment 14 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 9 b (new)
(9b) The High Representative will take appropriate measures, as provided in Article 1d(2) and (3) of the Staff Regulations, for promoting equal opportunities for the under-represented gender in certain function groups, more particularly in function group AD.
2010/10/14
Committee: JURI
Amendment 15 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 10
(10) In order to avoid unnecessary restrictions on the employment in the EEAS of staff from national diplomatic services, specific rules on the length of contracts should be adopted, together with a guarantee of reinstatement at the end of their period of service, in accordance with relevant provisions. For this particular category of temporary staff, the rules on secondment, leave on personal grounds and maximum retirement age should be aligned with those applicable to officials.
2010/10/14
Committee: JURI
Amendment 16 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 11
(11) These specific rules should also be made applicable, atwith the requesagreement of the personsHigh Representative and of the national diplomatic service concerned, to temporary agents from national diplomatic services of the Member States who were engaged by the relevant departments of the General Secretariat of the Council or of the Commission, or whose contract was amended, before the establishment of the EEAS, but after the entry into force of the Lisbon Treaty.
2010/10/14
Committee: JURI
Amendment 17 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 11 a (new)
(11a) The EEAS may, in specific cases, have recourse to a limited number of specialised seconded national experts (SNEs), seconded with a view to their performing specific tasks, in particular related to crisis management or military functions, over whom the High Representative should have authority. Their secondment should not be counted in the one third of all EEAS staff at AD level which staff from Member States should represent when the EEAS reaches its full capacity.
2010/10/14
Committee: JURI
Amendment 18 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 12
(12) In order to ease the administrative burden of the EEAS, the Disciplinary Board established in the Commission should also serve as the Disciplinary Board for the EEAS, unlesstil the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission decides to establish a Disciplinary Board for the EEASdecides to establish a Disciplinary Board for the EEAS. Such decision should be taken by 31 December 2011 at the latest.
2010/10/14
Committee: JURI
Amendment 19 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 13
(13) In order to ensure coherent representation of Commission and EEAS staff in delegationsUntil a Staff Committee is set up within the EEAS in accordance with the first indent of Article 9(1)(a) of the Staff Regulations, which should be by 31 December 2011 at the latest, it should be provided that the Staff Committee of the Commission also represents EEAS staff, who would be entitled to vote and stand as candidates in its elections.
2010/10/14
Committee: JURI
Amendment 20 #

2010/0171(COD)

Proposal for a regulation – amending act
Recital 19
(19) This Regulation should enter into force at the earliest possible date, since the proposed amendments to the Staff Regulations and Conditions of Employment constitute a necessary condition for the proper functioning of the EEAS,
2010/10/14
Committee: JURI
Amendment 21 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 6
Staff Regulations of Officials of the European Communities
Article 1b – point a
'(a) the European External Action Service under the authority of the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission (hereinafter referred to as EEAS),';
2010/10/14
Committee: JURI
Amendment 22 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 1
1. The powers conferred by these Staff Regulations on the Appointing Authority shall be exercised by the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission(hereinafter referred to as the High Representative) in respect of staff of the EEAS. He or she may determine who within the EEAS shall exercise those powers. Article 2(2) shall apply.
2010/10/14
Committee: JURI
Amendment 23 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 2
2. However, iIn respect of Heads of Delegation, the powers concerning appointments shall be exercised, using a thorough selection procedure, based on merit and having regard to gender and geographical balance, on the basis of a list of candidates on which the Commission has agreed within the framework of the powers that the Treaties confer on it1. This shall apply mutatis mutandis to transfers in the interests of the service. made in exceptional circumstances and for a defined temporary period to a post of Head of Delegation. ____________________ 1 Statement by the Commission: "The Commission will duly motivate vis-à-vis the High Representative any negative opinion it might express concerning a person on the list of candidates".
2010/10/14
Committee: JURI
Amendment 24 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 3 – subparagraph 1
3. In respect of EEAS officials whoHeads of Delegation, in cases where they have to carry out tasks for the Commission as part of their duties, the Appointing Authority shall initiate administrative inquiries and disciplinary proceedings as referred to in Articles 22 and 86 and Annex IX if the Commission so requests.
2010/10/14
Committee: JURI
Amendment 25 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 96
Notwithstanding Article 11, a Commission official working in a Union delegation shall take instructions from the Head of Delegation, in particular on accorgdanisational and administrative mce with latter's and, in accordance with legal acts adopted under Article 322 of the Treaty on the Functioning of the European Union, on the implementation of the Union budgetrole as provided for in Article 5 of the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1. An EEAS official who has to carry out tasks for the Commission as part of his duties shall take instructions from the Commission with regard to those tasks, in accordance with Article 221(2) of the Treaty on the Functioning of the European Union. The modalities for implementing this Article shall be agreed between the Commission and the EEAS. 1 OJ L 201, 3.8.2010, p. 30.
2010/10/14
Committee: JURI
Amendment 26 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 97
Under the conditions set out intil 30 June 2014, with regard to those officials who have been transferred to the EEAS pursuant to the Council Decision adopted in accordance with Article 27(13) and notwithstanding Articles 4 and 29of the Treaty on European Union, by derogation from Articles 4 and 29 of these Staff Regulations and under the conditions set out in Article 7(1), the Appointing Authorities of the institutions concerned may in exceptional cases, acting by common agreement and solely in the interests of the service, after having heard the official concerned, transfer him from the Counsuch an EEAS official or the Commission tofrom the EEAS without notifying the staff of the vacant post. An EEAS official may bto a vacant post of the same tgransferred tode in the General Secretariat of the Council or in the Commission under the same conditionswithout notifying the staff of the vacant post.
2010/10/14
Committee: JURI
Amendment 27 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 1 – subparagraph 1
1. For the purposes of Article 29(1)(a) and without prejudice to Article 97, when filling a vacant post in the EEAS, the Appointing Authority shall consider the applications of officials of the General Secretariat of the Council, the Commission and the EEAS, of temporary staff to whom Article 2(e) of the Conditions of Employment of Other Servants applies and of staff from national diplomatic services of the Member States without giving priority to any of these categories. Until 30 June 2013, by way of derogation from Article 29, for recruitment from outside the institution, the EEAS shall recruit exclusively officials from the General Secretariat of the Council and from the Commission as well as staff from the diplomatic services of Member States. However, in exceptional cases and after having exhausted the possibilities to recruit in accordance with the above provisions, the Appointing Authority may decide to recruit from outside the sources listed in the first sentence technical support staff at AD level necessary for the good functioning of the EEAS, such as specialists in the area of crisis management, security and IT.
2010/10/14
Committee: JURI
Amendment 28 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 1 – subparagraph 2
From a date fixed by the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission, but at the latestAs from 1 July 2013, the Appointing Authority shall also consider the applications of officials from other institutions other than those referred to in the first subparagraph without giving priority to any of these categories.
2010/10/14
Committee: JURI
Amendment 29 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 2
2. For the purposes of Article 29(1)(a) and without prejudice to Article 97, the Appointing Authority of institutions other than the EEAS shall, when filling a vacant post in the Council or the Commission, consider applications of internal candidates and officials of the EEAS who were officials of the institution concerned until they became officials of the EEAS without giving priority to any of these categories.
2010/10/14
Committee: JURI
Amendment 30 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 99 – paragraph 1 – subparagraph 1
1. Unlesstil the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission decides to establish a Disciplinary Board for the EEAS, the Disciplinary Board of the Commission shall also serve as the Disciplinary Board for the EEAS. The High Representative's decision shall be taken no later than 31 December 2011.
2010/10/14
Committee: JURI
Amendment 31 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 99 – paragraph 2
2. By derogation from the first indent of Article 9(1)(a)Until a Staff Committee is set up within the EEAS in accordance with the first indent of Article 9(1)(a), which shall be no later than 31 December 2011, by way of derogation from the provision contained in that indent, the Staff Committee of the Commission shall also represent officials and other servants of the EEAS.
2010/10/14
Committee: JURI
Amendment 32 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50 b – paragraph 2
2. They may be engaged for a maximum period of four years. Contracts may be renewed more than once for a maximum period of four years for each renewal. A renewal shall be granted on condition that the secondment from the national diplomatic service is extended for. In total, engagement should not exceed eight years. However, in exceptional circumstances and in the interest of the service, at the end of the eighth year, the contract may be extended for a maximum period of two years. Each Member State shall provide its officials who have become temporary agents in the EEAS with a guarantee of immediate reinstatement at the end of their period of renewal. service to the EEAS, in accordance with the applicable provisions of its national law.
2010/10/14
Committee: JURI
Amendment 33 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50 b – paragraph 2 a (new)
2a. The Member States shall support the Union in the enforcement of any liability under Article 22 of the Staff Regulations of EEAS temporary agents referred to in Article 2(e) of these Conditions of Employment.
2010/10/14
Committee: JURI
Amendment 34 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50 c – paragraph 2
2. Article 40 of the Staff Regulations shall apply by analogy. Leave on personal grounds shall not extend beyond the term of the contract. Article 17 of the Conditions of Employment of Other Servants shall not apply.deleted
2010/10/14
Committee: JURI
Amendment 35 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 2 – point 13
Conditions of Employment of Other Servants of the European Communities
Article 121
As regards social security, the institution shall be responsible for the employer's share of the social security contributions under current regulations in the place where the servant is to perform his duties, unless the seat agreement provides otherwise. The institution mayshall set up an autonomous or complementary system of social security for countries where coverage by the local system either does not exist or is insufficient.
2010/10/14
Committee: JURI
Amendment 36 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 3 – paragraph 1
1. Officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the European External Action Service (EEAS) pursuant to the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union shall be deemed to be transferred to the EEAS from the relevant institutions at the date fixed in that Decision. This shall also applypply mutatis mutandis to contract and local staff assigned to such an organisational entity, for whom the conditions of the contract shall remain unchanged. Where a part of an organisational entity is transferred and the officials and other servants assigned to that part of the entity cannot be automatically identified,The Appointing Authority of the Council or of the Commission, as the case may be, shall take a decision on the transfer of the staff in agreement with the High Representative and after hearing the officials and other servants potentially concernedinform in advance the staff concerned by this transfer.
2010/10/14
Committee: JURI
Amendment 37 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 3 – paragraph 2
2. AtWith the requesagreement of the personsHigh Representative and of the national diplomatic service concerned, the contracts of temporary staff from national diplomatic services of the Member States who were engaged, or whose contract was amended, after 30 November 2009 and who occupy a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union shall be transformed, without a new selection procedure, into contracts under Article 2(e) of the Conditions of Employment of Other Servants. For the rest, the conditions of the contract shall remain unchanged. The request must be made within one year after the date of transfer as fixed in the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union.
2010/10/14
Committee: JURI
Amendment 38 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 3 – paragraph 2 a (new)
(2a) Until 30 June 2013 and by way of derogation from Article 7 of the Staff Regulations, officials and other servants of the General Secretariat of the Council or of the Commission exercising technical support functions for the EEAS may, after having been heard, be transferred to the EEAS by common agreement of the institutions concerned, in full respect of the prerogatives of the budgetary authority. This transfer shall take effect on the date determined in the relevant budgetary decision providing for the corresponding posts and appropriations in the EEAS.
2010/10/14
Committee: JURI
Amendment 39 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 3 – paragraph 2 b (new)
(2b) In accordance with Article 27 of the Staff Regulations and Articles 12(1), first subparagraph, and 82 of the Conditions of Employment of Other Servants, recruitment or engagement shall be directed to securing for the EEAS the services of officials and temporary staff of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Union. This shall apply to the EEAS as a whole and to its different staff components, including temporary staff referred to in Article 2(e) of the Conditions of Employment of Other Servants. In addition, the staff of the EEAS shall comprise an appropriate and meaningful presence of nationals from all the Member States1. ____________________ 1 Statement from the High Representative on geographical balance in the EEAS: "The High Representative attaches the highest importance to the recruitment on the broadest possible geographical basis from among the nationals of the Member States of the Union, as well as to ensuring an appropriate and meaningful presence of nationals from all Member States in the Service. The EEAS should profit fully from the diversity and wealth of experience and expertise developed in the various Foreign Services in the Union. The High Representative will use all the possibilities offered in the application of the EEAS appointment procedure to achieve these objectives. She will dedicate a section on the issue in her yearly report on the occupation of posts in the EEAS."
2010/10/14
Committee: JURI
Amendment 40 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 3 – paragraph 2 c (new)
(2c) In accordance with Article 1d(2) and (3) of the Staff Regulations, the High Representative shall take appropriate measures for promoting equal opportunities for the under-represented gender in certain function groups, more particularly in function group AD1. ____________________ 1 Statement from the High Representative on gender balance in the EEAS: "The High Representative attaches the highest importance to the promotion of gender balance in the staffing of the EEAS. A key to the promotion of gender balance is the encouragement of applications from women for posts in the EEAS and the removal of barriers in this respect. On the basis of the experience of the appointment procedure for the 2010 rotation of Heads of Delegation, the EEAS will examine how to take the often non-linear patterns of female application better into account in future appointment procedures and how to remove other possible obstacles. The High Representative will also identify best practices from national diplomatic services and apply them whenever possible to the EEAS. The High Representative will make full use of all the possibilities offered by Articles 1d(2) and (3) of the Staff Regulation in promoting the employment of women in the Service. The High Representative will dedicate a section on the issue of gender balance in her yearly report on the occupation of posts in the EEAS."
2010/10/14
Committee: JURI
Amendment 41 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 3 – paragraph 3
3. In order to guarantee adequate representation of staff from national diplomatic services in the EEAS, the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission mayshall decide that, by way of derogation from Article 98(1)s 29 and 98(1), first subparagraph, of the Staff Regulations, priority may be given until 30 June 2013 for certain posts in function group AD in the EEAS to candidates from national diplomatic services of the Member States in the case of substantially equalequivalent qualifications.
2010/10/14
Committee: JURI
Amendment 42 #

2010/0171(COD)

Proposal for a regulation – amending act
Article 3 a (new)
Article 3a By mid-2013, the High Representative shall submit a report to the European Parliament, the Council and the Commission on the implementation of this Regulation, with a particular emphasis on gender and geographical balance of staff within the EEAS.
2010/10/14
Committee: JURI
Amendment 4 #

2009/2178(INI)

Motion for a resolution
Citation (new)
– having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms and having regard to the legally binding character of the Charter of Fundamental Rights,
2010/03/02
Committee: JURI
Amendment 7 #

2009/2178(INI)

Motion for a resolution
Recital A
A. whereas violations of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents,commercial goods counterfeiting constitutes a genuine threat not only to consumer health and safety but also to our economies and societies,
2010/03/02
Committee: JURI
Amendment 10 #

2009/2178(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas knowledge sharing and dissemination of innovation are strong traditions in the European Union; whereas access by the greatest possible number to technological progress and cultural products continues to be the foundation of education and development policy,
2010/03/02
Committee: JURI
Amendment 14 #

2009/2178(INI)

Motion for a resolution
Recital C
C. whereas data concerning the scale of IPR infringements are inconsistent, incomplete, insufficient and dispersed, and therefore do not provide a basis for any additional criminal legislative initiatives,
2010/03/02
Committee: JURI
Amendment 15 #

2009/2178(INI)

Motion for a resolution
Recital E
E. whereas the violation of IPR is a problem across the board which affects all sectors of industry and particularly the creative and innovative industries, and sport,
2010/03/02
Committee: JURI
Amendment 17 #

2009/2178(INI)

Motion for a resolution
Recital F
F. whereas the phenomenon of on-line piracy has assumed very alarming proportions, particularly for the creative content industries, and whereas the existing legal framework has proven incapable of effectively protecting rights- holders on the Internet andre are no reliable and independent data as to the impact of on- line IPR infringements, and whereas the existing legal framework needs to be clarified to ensure the balance between all the interests at stake, including those of consumers,
2010/03/02
Committee: JURI
Amendment 20 #

2009/2178(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas efforts to tackle on-line non- commercial file sharing have created a strong and prejudicial antagonism between the creative industries and their public, and it is therefore necessary to explore new ways of creating synergy between the rights of the public and the revenues of authors and creators,
2010/03/02
Committee: JURI
Amendment 26 #

2009/2178(INI)

Motion for a resolution
Recital G
G. whereas, with the exception of legislation on penalties under the criminal law, a Community legal framework already exists with regard to the phenomenon of counterfeiting and piracy of physical goods, but whereas lacunae persist with regard to the trade of counterfeit goods over the Internet piracy,
2010/03/02
Committee: JURI
Amendment 30 #

2009/2178(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas the telecoms regulatory framework has recently been amended, rejecting proposals for so-called graduated response schemes at EU level, and instead includes provisions for standardised public interest notices which can address, among other things, copyright and infringement thereof without jeopardising data protection and privacy rights and stresses the need to respect fundamental rights in matters relating to Internet access,
2010/03/02
Committee: JURI
Amendment 32 #

2009/2178(INI)

Motion for a resolution
Recital J
J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting and piracy,
2010/03/02
Committee: JURI
Amendment 41 #

2009/2178(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Views as regrettable the fact that the Commission links the terms ‘piracy’ and ‘counterfeiting’ in its communication, thereby creating a legal grey area with regard to the offence being referred to;
2010/03/02
Committee: JURI
Amendment 43 #

2009/2178(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Wonders about the accuracy of the word ‘piracy’ as used to designate the non-commercial exchange of content on line, which leads to a de facto criminalisation of millions of European citizens, particularly young people;
2010/03/02
Committee: JURI
Amendment 44 #

2009/2178(INI)

Motion for a resolution
Paragraph 1 c (new)
1c. Urges the Commission to distinguish, in the above mentioned strategy between counterfeiting of goods, which is an obvious infringement of intellectual property rights and should be punished, and online file sharing, which should not be punished as long as it is of a non- commercial nature;
2010/03/02
Committee: JURI
Amendment 45 #

2009/2178(INI)

Motion for a resolution
Paragraph 1 d (new)
1d. Recalls that an exception to IPRs exists in the cultural area: the ‘private copy’; calls on the Commission to retain this exception and to adapt it to new technological progress and the internet; stresses the potential usefulness of authorising sharing between individuals of copies for non-commercial use and linking them to new mutualised forms of funding for creative endeavour;
2010/03/02
Committee: JURI
Amendment 46 #

2009/2178(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to urgently presentpropose a comprehensive IPR strategy addressing all aspects of IPRs, including their enforceon IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the field of IPR to current trends in society as well as to technical developments;
2010/03/02
Committee: JURI
Amendment 49 #

2009/2178(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Stresses that any measures taken to enforce IPR must respect the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 10, Article 8, and Article 6, and be necessary, proportionate, and appropriate within a democratic society;
2010/03/02
Committee: JURI
Amendment 54 #

2009/2178(INI)

Motion for a resolution
Paragraph 4
4. DoTakes not sharee of the Commission's certitudeview that the current civil enforcement framework in the EU is effective and harmonised to the extent necessary forcontributes to the proper functioning of the internal market and reminds the Commission that the report on the application of Directive 2004/48/EC is essential to confirm those claims;
2010/03/02
Committee: JURI
Amendment 57 #

2009/2178(INI)

Motion for a resolution
Paragraph 5
5. Calls on the Commission to draw up the report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken, their compatibility with fundamental rights, as well as an evaluation of its impact on innovation and the development of the information society, in accordance with Article 18(1) of that Directive and, if necessary, to propose amendments; calls for that report also to include an assessment of the ways to strengthen and upgrade the legal framework with respect to the Internetimpact of the directive on the digital market of creative content and consumers’ rights;
2010/03/02
Committee: JURI
Amendment 59 #

2009/2178(INI)

Motion for a resolution
Paragraph 6
6. Does not sShares the Commission view that the principal body of laws with respect to IPR enforcement is already in place; points out in this respect that negotiations on the directive on criminal sanctions have not been successfully concluded and calls on the Commission to put forward a new proposal on criminal sanctions under the Treaty of Lisbon for serious infringements committed by organized crime entities;
2010/03/02
Committee: JURI
Amendment 60 #

2009/2178(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;
2010/03/02
Committee: JURI
Amendment 66 #

2009/2178(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Stresses the need to avoid creating new parallel bureaucratic structures for tasks that can be handled by existing institutions, such as Europol, forums for cooperation between customs authorities, and statistics-gathering bodies within the EU, in order to avoid duplication of effort;
2010/03/02
Committee: JURI
Amendment 67 #

2009/2178(INI)

Motion for a resolution
Paragraph 9
9. WelcomUrges the establishment of the Observatory as a tool for centralCommission to produce a report on how best to use Europol and exisation of statistics and data which will serve as a basis for proposals to be implementedng structures for cooperation between customs authorities to combat effectively the phenomenaon of counterfeiting and piracy, including on- line piracy;
2010/03/02
Committee: JURI
Amendment 68 #

2009/2178(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Urges the Commission to guarantee that the Observatory obeys EU rules in the field of privacy and data protection;
2010/03/02
Committee: JURI
Amendment 75 #

2009/2178(INI)

Motion for a resolution
Paragraph 13
13. Stresses the need to organise a campaign to raise awareness at European, national and local level of the risks to consumer health and safety arising from counterfeit products and also the adverse impact of counterfeiting and piracy on the economy and society;
2010/03/02
Committee: JURI
Amendment 87 #

2009/2178(INI)

Motion for a resolution
Paragraph 16
16. Agrees with the Commission that additionalCautions against non-legislative measures are useful to improvegarding the application of IPR, particularly measures arising from as they may lead to the circumvention of legal safeguards, including those concernin-g depth dialogue among stakeholdersata protection and privacy;
2010/03/02
Committee: JURI
Amendment 89 #

2009/2178(INI)

Motion for a resolution
Paragraph 17
17. Regrets that the Commission has not mentioned or discussed the delicate problem of on-line piracy, which constitutes a major aspect of this worldwide phenomenon in the age of digitisation of our societies, particularly the issue of the balance between free access to the Internet and the measures to be taken to combat this scourge effectively; urges the Commission to broach this problem in its IPR strategy;deleted
2010/03/02
Committee: JURI
Amendment 92 #

2009/2178(INI)

Motion for a resolution
Paragraph 18
18. Stresses that a number of factors have allowed this phenomenon to develop, particularly technological advances and the lack of legitimate offers; recalls however that this phenomenon constitutes a violation of IPR to which appropriate, urgent solutions need to be found, geared to the sector concerned and in compliance with fundamental rights;
2010/03/02
Committee: JURI
Amendment 94 #

2009/2178(INI)

Motion for a resolution
Paragraph 19
19. Stresses that support for and development of the provision of a diversified, attractive, high-profile, legal range of goods and services for consumers may help to tackle the phenomenon, but recognises that this is not sufficient: piracy is today the biggest obstacle to the development of legal online offers and the EU runs the risk of condemning to failure efforts to develop the legitimate online market if it does not recognise that fact and make urgent proposals to address iwill ensure the development of a dynamic market for online creative content;
2010/03/02
Committee: JURI
Amendment 99 #

2009/2178(INI)

Motion for a resolution
Paragraph 20
20. Stresses that all parties concerned, includingUrges the Commission to rethink the critical issue of intellectual property and to invite all those active in the sector, including in particular telecom operators and Internet service providers, musto join in the dialogue with stakeholders in order to find the appropriate solutions in the course of 2010; calls on the Commission, failing this, to submit a legislative proposal or to amend existing legislation, particularly Directive 2004/48/EC, so as to upgrade the Community legal framework in this field on the basis of national experiencesforces and seek solutions that are equitable for large and small stakeholders as much as for consumers, that guarantee fair, effective remuneration to all categories of rights holders, real choice for consumers, cultural diversity and respect for fundamental rights, including the right to data protection and privacy;
2010/03/02
Committee: JURI
Amendment 101 #

2009/2178(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Asks the Commission to recognize the non-commercial file sharing associated with alternative reward systems, including the creation of a new exception or limitation to the making available and reproduction rights;
2010/03/02
Committee: JURI
Amendment 104 #

2009/2178(INI)

Motion for a resolution
Paragraph 21
21. Calls on the Commission to think broadly about methods of facilitating industry’s access to the digital market without geographical borders by addressing urgently the issue of multi- territory licences where there is substantial demand from consumers, as well as an effective and transparent system for rights management, as this is a requirement for thewhich would complement the existing growth in services which are legal and which meet consumer demand for ubiquitous, instant and customised access to content;
2010/03/02
Committee: JURI
Amendment 108 #

2009/2178(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Invites the Commission to adopt an open-ended approach to the proposals that have emerged regarding the recognition of online file sharing by producing comprehensive data regarding the economic aspects of mutualised funding schemes for creation based on non-market exchanges of digital content (such as the ‘creative contribution’ or ‘Kulturflatrate’);
2010/03/02
Committee: JURI
Amendment 116 #

2009/2178(INI)

Motion for a resolution
Paragraph 24
24. Calls on the Commission to step up its cooperation with priority third countries with regard to intellectual property and continue its effortspromote a balanced approach in the context of the negotiations on intellectual property under the auspices of the World Trade Organisation concerning intellectual property, particularly in the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);
2010/03/02
Committee: JURI
Amendment 119 #

2009/2178(INI)

Motion for a resolution
Paragraph 25
25. Calls on the Commission to continue its efforts to furtherfully inform Parliament on the progress and outcome of the negotiations on the multilateral Anti-Counterfeiting Trade Agreement (ACTA) to improve the effectiveness of the IPR enforcement system against counterfeiting and to fully inform Parliament on the progress and outcome of the negotiationsand to ensure that the provisions of ACTA fully comply with the acquis communautaire on IPR and fundamental rights;
2010/03/02
Committee: JURI
Amendment 120 #

2009/2178(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Reiterates its calls on the Commission to ensure that ACTA only concentrates on IPR enforcement measures and not on substantive IPR issues such as the scope of protection, limitations and exceptions, secondary liability or liability of intermediaries, and that ACTA is not used as a vehicle for modifying the existing European IPR enforcement framework;
2010/03/02
Committee: JURI
Amendment 122 #

2009/2178(INI)

Motion for a resolution
Paragraph 27
27. Stresses the importance of fighting organised crime in the area of IPRs, in particular counterfeiting and piracy; points out in this context the need for appropriate EU legislation on criminal sanctions and supports close strategic and operational cooperation between all the interested parties within the EU, in particular Europol, national authorities and the private sector, as well as with non-EU states and international organisations;
2010/03/02
Committee: JURI
Amendment 145 #

2009/0064(COD)

Proposal for a directive
Article 17 – paragraph 5 – subparagraph 2
In case of any loss of financial instruments which the depositary safe-keeps, the depositary can only discharge itself of its liability if it can prove that the loss has been caused by an external event and was not foreseeable and that it could not have avoided the loss which has occurred.
2010/03/01
Committee: JURI
Amendment 148 #

2009/0064(COD)

Proposal for a directive
Article 17 – paragraph 5 – subparagraph 3
Liability to AIF investors may be invoked either directly orand indirectly through the AIFM, depending on the legal nature of the relationship between the depositary, the AIFM and the investors. The depositary's liability shall not be affected by any delegation referred to in paragraph 4.
2010/03/01
Committee: JURI
Amendment 164 #

2009/0064(COD)

Proposal for a directive
Article 19 – paragraph 2 – point c a (new)
(ca) the information listed in Article 20, to the extent that it has changed during the financial year covered by the report.
2010/03/01
Committee: JURI
Amendment 177 #

2009/0064(COD)

Proposal for a directive
Article 20 – paragraph 1 – point h
(h) a description of all fees, charges and expenses and of the maximum amounts thereof which are directly or indirectly borne by investors, together with a description of fees, charges and expenses paid in the last twelve months;
2010/03/01
Committee: JURI
Amendment 182 #

2009/0064(COD)

Proposal for a directive
Article 20 – paragraph 1 – point j a (new)
(ja) a description of the past performance of the AIF from its inception to the most recent assessment;
2010/03/01
Committee: JURI
Amendment 183 #

2009/0064(COD)

Proposal for a directive
Article 20 – paragraph 1 – point j b (new)
(jb) information on the identities of the AIFM shareholders or members, whether direct or indirect and whether natural or legal persons, that have qualifying holdings and an indication of the amounts of those holdings;
2010/03/01
Committee: JURI
Amendment 184 #

2009/0064(COD)

Proposal for a directive
Article 20 – paragraph 1 – point j c (new)
(jc) information on the track record regarding AIF managed by the AIFM, including performance data on ongoing and wound up AIF, and, when the AIFM is a legal person, on the legal representatives, directors and key employees of the AIFM;
2010/03/01
Committee: JURI
Amendment 185 #

2009/0064(COD)

Proposal for a directive
Article 20 – paragraph 1 – point j d (new)
(jd) a detailed description of the source, maturity and amount of funds raised by the AIF including the share directly or indirectly contributed by the AIFM managing the AIF, and its representatives, directors and employees.
2010/03/01
Committee: JURI
Amendment 187 #

2009/0064(COD)

Proposal for a directive
Article 20 – paragraph 2 – introductory wording
2. For each AIF an AIFM manages, it shall periodically disclose to investors:
2010/03/01
Committee: JURI
Amendment 188 #

2009/0064(COD)

Proposal for a directive
Article 20 – paragraph 2 – point a
(a) on a periodic basis, the percentage of the AIF's assets which are subject to special arrangements arising from their illiquid nature;
2010/03/01
Committee: JURI
Amendment 189 #

2009/0064(COD)

Proposal for a directive
Article 20 – paragraph 2 – point b
(b) on a periodic basis, any new arrangements for managing the liquidity of the AIF;
2010/03/01
Committee: JURI
Amendment 190 #

2009/0064(COD)

Proposal for a directive
Article 20 – paragraph 2 – point c
(c) the current risk profile of the AIFon a periodic basis, but not less than every month, unless the information has not changed since the last disclosure, the current risk profile of the AIF, including the level of leverage used, and the risk management systems employed by the AIFM to manage these risks.
2010/03/01
Committee: JURI
Amendment 194 #

2009/0064(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
It shall provide aggregated information on the main instruments in which it is trading, markets of which it is a member or where it actively trades, and on the principal exposures and most important concentrations of each of the AIF it manages.
2010/03/01
Committee: JURI
Amendment 196 #

2009/0064(COD)

Proposal for a directive
Article 21 – paragraph 2 – point c
(c) the actual risk profile of the AIF, including the level of leverage used, and the risk management tools employed by the AIFM to manage these risks;
2010/03/01
Committee: JURI
Amendment 197 #

2009/0064(COD)

Proposal for a directive
Article 21 – paragraph 2 – point e a (new)
(ea) the structure of fees and the amounts paid to the AIFM;
2010/03/01
Committee: JURI
Amendment 198 #

2009/0064(COD)

Proposal for a directive
Article 21 – paragraph 2 – point e b (new)
(eb) the list of investors;
2010/03/01
Committee: JURI
Amendment 199 #

2009/0064(COD)

Proposal for a directive
Article 21 – paragraph 2 – point e c (new)
(ec) performance data of the AIF, including a valuation of assets.
2010/03/01
Committee: JURI
Amendment 200 #

2009/0064(COD)

Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 a (new)
In exceptional circumstances and when required in order to ensure the stability and integrity of the financial system, or to promote long term sustainable growth, the competent authorities of the home Member State and the Commission may impose additional reporting requirements.
2010/03/01
Committee: JURI
Amendment 203 #

2009/0064(COD)

Proposal for a directive
Article 21 – paragraph 3 a (new)
3a. Each competent authority shall periodically disclose aggregate figures to the public on information received pursuant to paragraphs 1 and 2 above.
2010/03/01
Committee: JURI
Amendment 204 #

2009/0064(COD)

Proposal for a directive
Article 21 – paragraph 4 – subparagraph 1
4. The Commission shall adopt implementing measures further specifying the reporting obligations referred to in paragraphs 1, 2 and 3, which may be adapted and supplemented in the light of evolving financial techniques, and their frequency.
2010/03/01
Committee: JURI
Amendment 207 #

2009/0064(COD)

Proposal for a directive
Article 21 – paragraph 4 – subparagraph 2
The Commission shall also adopt implementing measures regarding the type of information made public pursuant to paragraph 3a. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
2010/03/01
Committee: JURI
Amendment 229 #

2009/0064(COD)

Proposal for a directive
Article 26 – paragraph 1 – point a
(a) AIFM managing one or more AIF which either individually or in aggregation acquires 30 10%, 20%, 30 % or 50% or more of the voting rights of an issuer or of a non- listed company domiciled in the Community, as appropriate;
2010/03/01
Committee: JURI
Amendment 230 #

2009/0064(COD)

Proposal for a directive
Article 26 – paragraph 1 – point b
(b) AIFM havacting in concluded an agreemenert with one or more other AIFM which would allow the AIF managed by these AIFM to acquire 30 regarding the acquisition or exercise of voting rights by the AIF managed by these AIFM, when such AIFM manages one or more AIF which either individually or in aggregation acquires 10%, 20%, 30% or 50% or more of the voting rights of the issuer or the non-listed company, as appropriate.
2010/03/01
Committee: JURI
Amendment 239 #

2009/0064(COD)

Proposal for a directive
Article 27 – title
Notification of the acquisition of Notification of the acquisition of a controlling influence in non-listed significant interest in non-listed companies companies and issuers
2010/03/01
Committee: JURI
Amendment 241 #

2009/0064(COD)

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1
1. Member States shall ensure that when each time an AIFM is , acting a position to exercise 30 % or morelone or in concert with other AIFM, comes to hold through one or several AIF that it manages 10%, 20%, 30% or 50% of the voting rights of an issuer or a non-listed company, such AIFM notifiesit shall notify to the issuer or the non- listed company, and all other share- holderss appropriate, its employee representatives or, where there are no such representatives, the employees themselves, the competent authority of the AIFM and the competent authority of the Member State where the issuer or the non- listed company is established, the information provided for in paragraph 2.
2010/03/01
Committee: JURI
Amendment 243 #

2009/0064(COD)

Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
This notification shall be made, as soon as possible, but not later than four trading days the first of which being the day on which the AIFM has reached the positicome to hold, through one of being able to exercise 3r several AIF that it manages, 10%, 20%, 30% or 50% of the voting rights.
2010/03/01
Committee: JURI
Amendment 246 #

2009/0064(COD)

Proposal for a directive
Article 27 – paragraph 2 – point b
(b) the conditions under which the 30% threshold has been reached, including information about the full identityfication of the different AIFM, AIF and shareholders involved and of persons acting in concert with them, any natural person or legal entity entitled to exercise voting rights on their behalf and, if applicable, the chain of undertakings through which voting rights are effectively held;
2010/03/01
Committee: JURI
Amendment 251 #

2009/0064(COD)

Proposal for a directive
Article 27 – paragraph 2 – point c a (new)
(ca) the intentions of the AIFM regarding the further acquisition of voting rights, the acquisition of control, the extent of leverage used to finance the acquisition and the planned investment horizon of the acquisition.
2010/03/01
Committee: JURI
Amendment 252 #

2009/0064(COD)

Proposal for a directive
Article 27 – paragraph 2 – subparagraph 1 a (new)
In the event of any material amendment to the information that has been notified, the AIFM shall notify the updated information pursuant to the procedure laid down in paragraph 1.
2010/03/01
Committee: JURI
Amendment 258 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
1. In addition to Article 27, Member States shall ensure that where an AIFM, acquirting alone or in concert with other AIFM, comes to hold through one or several AIF which it manages 30 % or more of the voting rights of an issuer or a non-listed company, that AIFM makor otherwise holds a controlling influence in such AIF, that AIFM notifies the information set out in the second and third subparagraphs available to the issuer, the non-listed company, their respective shareholders and representatives of employees or, where there are no such representatives, to the employees themselves, the competent authority of the AIFM and the competent authority of the Member State where the issuer or the non-listed company is established.
2010/03/01
Committee: JURI
Amendment 262 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2 – introductory wording
With regard to issuers, the AIFM shall make available the following to the issuer concerned, its shareholders and representatives of employees:out prejudice to Article 6(3) of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids1, the notification required under subparagraph 1 shall contain the following information: 1 OJ L 142, 30.4.2004, p. 12.
2010/03/01
Committee: JURI
Amendment 263 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2 – point a
(a) the information referred to in Article 6(3) of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids; AIFM’s intentions with regard to the future business of the issuer or the non-listed company, the safeguarding of the jobs of their employees and management, including any material change in the conditions of employment, and in particular the AIFM’s strategic or development plan and the likely repercussions on employment and the locations of the companies' places of business of such plan;
2010/03/01
Committee: JURI
Amendment 264 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2 – point a a (new)
(aa) planned significant divestments of assets;
2010/03/01
Committee: JURI
Amendment 265 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 3
With regard to non-listed companies, the AIFM shall make available the following to the non-listed company concerned, its shareholders and representatives of employees: (d) the identity of the AIFM which either individually or in agreement with other AIFM have reached the 30 % threshold; (e) the development plan for the non- listed company; (f) the policy for preventing and managing conflicts of interests, in particular between the AIFM and the non-listed company; (g) the policy for external and internal communication of the issuer or non-listed company, in particular as regards employees.deleted
2010/03/01
Committee: JURI
Amendment 271 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 1 a (new)
1a. The information concerning the employee representatives or the employees pursuant to paragraph 1 shall be subject to Council Directive 2001/23/ECof 12 March 2001 on the approximation of the laws of the member States relating to the safeguarding of employee’s rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses1. _________________________________ 1 OJ L 82, 22.3.2001, p. 16.
2010/03/01
Committee: JURI
Amendment 273 #

2009/0064(COD)

Proposal for a directive
Article 28 – paragraph 2 – point a
(a) the detailed content of the information provided under paragraph 1this Article;
2010/03/01
Committee: JURI
Amendment 278 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – introductory wording
2. The AIF annual report shall include the following additional information for each issuer and non listed company in which thean AIF has investedM exercises a controlling influence within the meaning of Article 28:
2010/03/01
Committee: JURI
Amendment 281 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point a
(a) with regard to operational and financial developments, presentation of revenue and earnings by business segment, statement on the progress of company's activities and financial affairs, assessment of expected progress on activities and financial affairs, report on significant events in the financial year, and details of the research and development effort;
2010/03/01
Committee: JURI
Amendment 283 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point c
(c) with regard to employee matters, turnover, terminations, recruitment., remuneration policy and other conditions of employment;
2010/03/01
Committee: JURI
Amendment 284 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d
(d) statement on realised, ongoing or planned significant divestment of assets.;
2010/03/01
Committee: JURI
Amendment 285 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 –subparagraph 1 – point d a (new)
(da) environmental policy;
2010/03/01
Committee: JURI
Amendment 286 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d b (new)
(db) financing of the acquisition and plans for refinancing post-acquisition;
2010/03/01
Committee: JURI
Amendment 287 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d c (new)
(dc) management compensation package;
2010/03/01
Committee: JURI
Amendment 288 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d d (new)
(dd) acquisition and resale price;
2010/03/01
Committee: JURI
Amendment 289 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d e (new)
(de) material changes to the locations of the issuer’s or private company’s places of business.
2010/03/01
Committee: JURI
Amendment 291 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 2
In addition, the AIF annual report shall, for each issuer in which it has acquiredan AIFM exercises a controlling influence, contain the information provided for in point within the meaning of Article 28, contain: (a) details of the composition and operation of the administrative, management and supervisory bodies and their committees and (fb) of Article 46a(1) of Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54 (3) (g) of the Treaty on the annual accounts of certain types of companies and an overview of the capital structure as referred to in points (a) and (d) of Article 10(1) of Directive 2004/25/ECan overview of the capital structure, including securities which are not admitted to trading on a regulated market in a Member State, where appropriate with an indication of the different classes of shares and, for each class of shares, the rights and obligations attaching to it and the percentage of total share capital that it represents, and detailed information on the holders of any securities with special control rights and a description of those rights.
2010/03/01
Committee: JURI
Amendment 293 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 2 – subparagraph 3
For each non-listed company in which it has acquiredan AIFM exercises a controlling influence within the meaning of Article 28, the AIF report shall provide an overview of the following management arrangements and the information provided for in points (b), (c) and (e) to (h) of Article 3 of Second Council Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alt: (a) the nominal value of the shares subscribed and, at least once a year, the number thereof; (b) the number of shares subscribed without stating the nominal value, where such shares may be issued under national law; (c) where there are several classes of shares, the information under (a) and (b) for each class and the rights attaching to the shares of each class; (d) whether the shares are registered or bearer shares, where national law provides for both types, and any provisions relating to the conversion of such shares unless the procedure is laid down by law; (e) the amount of the subscribed capital paid up at the time the company is incorporated or is authorised to commence business; (f) the nominal value of the shares or, where there is no nominal value, the number of shares issued for a consideration of their capital, with a view to making such safeguards equivalent. than in cash, together with the nature of the consideration and the name of the person providing that consideration.
2010/03/01
Committee: JURI
Amendment 294 #

2009/0064(COD)

Proposal for a directive
Article 29 – paragraph 3
3. The AIFM shall, for each AIF it manages and for which it is subject to this section, provide the information referred to in paragraph 2 above to all representatives of employees of the company concerned as referred to in paragraph 1 of Article 26, to the competent authority of the AIFM and to the competent authority of the Member State where the issuer or the non-listed company is established, within the period referred to in Article 19(1).
2010/03/01
Committee: JURI
Amendment 297 #

2009/0064(COD)

Proposal for a directive
Article 29 a (new)
Article 29a Specific provisions regarding value extraction 1. Where an AIFM which exercises a controlling influence within the meaning of Article 28 on an issuer or a non-listed company wishes to dispose of company assets in any material respect, the following principles shall be applicable: (a) the legal representative of both the issuer or non-listed company and the AIF shall issue a statement as to why the disposal is being implemented and certifying that the proposed disposal is, to his reasonable knowledge and belief, after due consideration, in the best interests of the issuer or non-listed company. The statement shall be reproduced in the annual report; (b) in the event that the proposed sale is connected to a repayment of the acquisition debt, the representatives of the employees of the issuer or non-listed company shall be informed and consulted; (c) in the event that the issuer or non- listed company becomes insolvent as a result of the disposal, the AIFM shall be held liable for any consequence arising therefrom. 2. Where an AIFM exercises a controlling influence within the meaning of Article 28 on an issuer or a non-listed company, the legal representative of the issuer or non-listed company shall be required to issue a statement in the annual report that all capital outflows (including management fees) are in the long-term interest of the issuer or non-listed company. 3. The Commission shall adopt implementing measures specifying the detailed content of the statements to be provided under paragraphs 1 and 2 and the conditions under which the liability of the AIFM may be invoked pursuant to paragraph 1. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
2010/03/01
Committee: JURI
Amendment 299 #

2009/0064(COD)

Proposal for a directive
Article 29 b (new)
Article 29 b Specific provisions regarding leverage of companies or issuers further to acquisition 1. In addition to the limitations laid down in Article 29a, an AIFM exercising a controlling influence within the meaning of Article 28 on an issuer or a non-listed company shall not increase the leverage used by such issuer or company in connection with a distribution paid to the AIF or to any subsidiary thereof by more than 20% as compared to the situation before the acquisition if, as a result of such increase, the leverage of such issuer or company exceeds 1.5 times the average of industry leverage applicable to that issuer or company, or the leverage of such issuer or company exceeds three times the value of its equity capital. 2. The Commission shall adopt implementing measures regarding leverage, distribution, average of industry leverage and process. Those measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
2010/03/01
Committee: JURI
Amendment 301 #

2009/0064(COD)

Proposal for a directive
Article 29 c (new)
Article 29c Specific provisions regarding a lock-in period 1. Where an AIFM exercises a controlling influence within the meaning of Article 28 on an issuer or a non-listed company through an AIF, such issuer or company shall not be entitled to distribute directly or indirectly to such AIF or any subsidiary thereof an amount in excess of 50% of the value of its initial investment regarding such issuer or company before the end of a period expiring either on the fifth anniversary of the completion of the investment or on the sale of its interest in such company or issuer, whichever is earlier. 2. The Commission shall adopt measures implementing paragraph 1. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 49(3).
2010/03/01
Committee: JURI
Amendment 29 #

2008/2154(INI)

Motion for a resolution
Paragraph 5
5. Takes the view that direct and indirect purchasers should have available to them, for the prosecution of their stand -alone or follow-up claims, individual, collective or representative claims in the form of a test application for a declaratory judgment;
2008/11/18
Committee: ECON
Amendment 38 #

2008/2154(INI)

Motion for a resolution
Paragraph 6
6. Takes the view that the Member States, in accordance with Article 3 of Directive 98/27/EC of the European Parliament and the Council of 19 May 1998 on injunctions 1 OJ L 166, 11.6.1998, p. 51. for the protection of consumer interests , should as a general rule give the power to prosecute in representative actions to qualified entities, and that authorisations to pursue such actions should primarily be considered for associations which arrange for actions in law for damages for companies; calls for duplicate representative actions on the basis of the same facts to be avoided;
2008/11/18
Committee: ECON
Amendment 45 #

2008/2154(INI)

Motion for a resolution
Paragraph 8
8. Stresses that participation in an opt-in collective claim must remain possible up to the time of the commencement of proceedingsaking of evidence is complete;
2008/11/18
Committee: ECON
Amendment 51 #

2008/2154(INI)

Motion for a resolution
Paragraph 10
10. Stresses that collective claimants must not be in a better position than individual claimants, and calls for application in the context of collective and individual law enforcement mechanisms of the principle that the party bringing the infringement claim must provide evidence for their claim, provided the national law in question does not provide for any lightening of the burden of proofpotential offenders must bear the full burden of presentation and proof of exonerating circumstances;
2008/11/18
Committee: ECON
Amendment 67 #

2008/2154(INI)

Motion for a resolution
Paragraph 15
15. Welcomes the Commission’s work on a non-binding guidance framework for the calculation of damages; calls for the damage assessment remit to be extended to include discretionary decisions by courts;
2008/11/18
Committee: ECON
Amendment 74 #

2008/2154(INI)

Motion for a resolution
Paragraph 17
17. Welcomes that fact that in the case of continuous or repeated infringements, limitation periods begin on the day when the infringement ceases or when the victim can reasonably be expected to have knowledgethere is awareness, if any, of the infringement; stresses that rules on limitation periods also serve to create legal certainty and that in the event of a failure to establish liability an absolute limitation period of ten years must therefore apply; also welcomes the fact that the limitation period for stand- alone claims is to be based on national law, and calls for this to apply to follow-up claims also; calls, in addition, in the case of prosecution by the authorities, for the limitation period for follow-up cases to be suspended, the suspension to begin with the opening of the proceedings and to end with the definitive ruling or ending of the investigation by the cartel authority or with the binding judgment of the appellate court;
2008/11/18
Committee: ECON
Amendment 78 #

2008/2154(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Points out that the Commission’s practice of abandoning proceedings against cartels for actions contrary to commitments, under Article 9 of Regulation (EC) No 1/20031, substantially weakens, or undermines, the right of damage victims to bring actions; calls on the Commission, therefore, to bring all cartel and competition proceedings to a proper conclusion with a clear decision;
2008/11/18
Committee: ECON
Amendment 24 #

2008/0187(COD)

Proposal for a regulation – amending act
Recital 7 a (new)
(7a) In order to stimulate and strengthen competition sustainably in the area of the various roaming services, the national regulatory authorities should prohibit discrimination between large and smaller providers, particularly when it comes to calculating wholesale prices.
2009/02/02
Committee: ITRE
Amendment 65 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 4 – point -a (new)
Regulation (EC) No 717/2007
Article 3 – paragraph 1
(-a) Paragraph 1 is replaced by the following: ‘(1) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of a regulated roaming call originating on that visited network, regardless of quantity and on a non- discriminatory basis, and inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0.30 per minute.’
2009/02/02
Committee: ITRE
Amendment 91 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 6
Regulation (EC) No 717/2007
Article 4 a – paragraph 1
1. With effect from 1 July 2009, the average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network, for the provision of a regulated roaming SMS message originating on that visited network, regardless of quantity and on a non-discriminatory basis, shall not exceed EUR 0.04 per SMS message.
2009/02/02
Committee: ITRE
Amendment 164 #

2008/0187(COD)

Proposal for a regulation – amending act
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 – point a
(a) The average wholesale charge that the operator of a visited network may levy from the operator of a roaming customer's home network for the provision of regulated data roaming services by means of that visited network, regardless of quantity and on a non-discriminatory basis, shall not exceed a safeguard limit of EUR 1.00 per megabyte of data transmitted.
2009/02/02
Committee: ITRE
Amendment 21 #

2008/0143(CNS)

Proposal for a directive – amending act
Annex - point 7
Directive 2006/112/EC
Annex III - point 18
(18) supply of services provided in connection with street cleaning, purification and recycling of waste water, sewage, refuse collection and waste treatment, or waste recycling and services leading to reuse;deleted
2008/12/18
Committee: ECON
Amendment 144 #

2008/0013(COD)

Proposal for a directive – amending act
Article 1 – point 2 – point b a (new)
Directive 2003/87/EC
Article 3 – point j a (new)
(ba) The following subparagraph is added: ‘(ja) ‘An energy-intensive business’ shall mean a business entity where either the purchases of energy products and electricity amount to at least 3.0% of the production value or the national energy tax payable amounts to at least 0.5% of the added value. ‘Purchases of energy products and electricity’ shall mean the actual cost of energy purchased or generated within the business. Only electricity, heat and energy products that are used for heating purposes are included. ‘Production value’ shall mean turnover, including subsidies directly linked to the price of the product, plus or minus the changes in stocks of finished products, work in progress and goods and services purchased for resale, minus the purchases of goods and services for resale. ‘Value added’ shall mean the total turnover liable to VAT including export sales minus the total purchases liable to VAT including imports’.
2008/06/26
Committee: ITRE
Amendment 30 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 1
1. Member States shall ensure that all reasonable requests for connection at a fixed location to a public communications network or connection to a cellular network are met by at least one undertaking.
2008/05/14
Committee: ECON
Amendment 33 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 3
3. Member States shall ensure that all reasonable requests for provisions of a telephone and data communication service over the network connection referred to in paragraph 1, allowing originating and receiving of national and international calls, data and calls to emergency services via the number "112", are met by at least one undertaking.
2008/05/14
Committee: ECON
Amendment 36 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 1
1. Member States shall ensure that transparent, comparable, adequate and up- to date information on applicable prices and tariffs, and on standard terms and conditions, in respect of access to and use of the services identified in Articles 4, 5, 6, and 7 is available to end-users and consumers, in accordance with the provisions of Annex II. Such information shall be published in an easily accessible form.
2008/05/14
Committee: ECON
Amendment 39 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 6
6. Without prejudice to any minimum contractual period, nNational regulatory authorities shall ensure that the minimum duration of contracts and conditions and procedures for termination of contract do not act as a disincentive for changing suppliers of services.
2008/05/14
Committee: ECON
Amendment 40 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 6 a (new)
6a. Member States shall ensure that the minimum duration of contracts concluded between subscribers and undertakings providing electronic communications services do not exceed 12 months.
2008/05/14
Committee: ECON
Amendment 42 #

2007/0248(COD)

Proposal for a directive – amending act
Article 1 – point 20 – point b
Directive 2002/22/EC
Article 33 – paragraph 3
3. Member States shall submit a yearly report to the Commission and the Authority on the measures taken and the progress towards improving interoperability and use of, and access to, electronic communications services and terminal equipment by disabled end-usersusers in general and by disabled end-users in particular. Due consideration shall be taken of the policy objectives and regulatory principles set out in Article 8 of Directive 2002/21/EC.
2008/05/14
Committee: ECON
Amendment 45 #

2007/0248(COD)

Proposal for a directive – amending act
Annex II - point 2.2
2.2 Standard Tariffs with an indication of the full price of the service contracted, what is included in each tariff element (e.g. charges for access, all types of usage charges, maintenance charges), and including details of standard discounts applied and special and targeted tariff schemes.
2008/05/14
Committee: ECON
Amendment 57 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 44 a (new)
(44a) The continuing integration of markets within the Internal Market in electronic communications services and networks means that there will be a need for closer coordination, of the enforcement of the regulatory instruments provided for in the legal framework.
2008/05/22
Committee: ECON
Amendment 58 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 45 a (new)
(45a) The approach used so far to ensure uniform application of the law in the Internal Market, namely an exchange of information and experience between national regulatory authorities, has proved satisfactory. That being so, the procedure laid down for joint decision- taking pursues the objective of enhancing cooperation between national regulatory authorities. In view of the wide variety of problems with which the national regulatory authorities are faced and the often differing market conditions in the Member States, the only adequate and sufficient solution compatible with the requirements of the subsidiarity principle is one based on the use of existing decentralised powers.
2008/05/22
Committee: ECON
Amendment 59 #

2007/0247(COD)

Proposal for a directive – amending act
Recital 46 a (new)
(46a) The Network of National Regulatory Authorities must be provided with staff and equipment in order to guarantee the smooth running of the joint decision-taking procedures. Funding by the European Union is the only way of ensuring the independence of joint decision-taking. In this connection the secretariat only supplies work equipment for the joint body, and is not itself involved in decision-taking by the national regulatory authorities.
2008/05/22
Committee: ECON
Amendment 66 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 3 a (new)
Directive 2002/21/EC
Article 3 – paragraph 5 a (new)
(3a) In Article 3, the following paragraph is added : "(5a) The Member States shall ensure that the national regulatory authorities jointly create the Network of National Regulatory Authorities in accordance with Article 3a."
2008/05/22
Committee: ECON
Amendment 67 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 3 b (new)
Directive 2002/21/EC
Article 3 – paragraph 6 a (new)
(3b) In Article 3, the following paragraph is added : "(6a) The Member States shall ensure that the national regulatory authorities take common positions of the Network into account as far as possible in their decisions. The same applies, mutatis mutandis, to the appeal procedure under Article 4."
2008/05/22
Committee: ECON
Amendment 68 #

2007/0247(COD)

Proposal for a directive – amending act
Article 1 – point 3 c (new)
Directive 2002/21/EC
Article 3 a (new)
The following article is inserted: "Article 3a Procedure for joint decisions of the network of national regulatory authorities (1) The Network of National Regulatory Authorities shall facilitate the exchange of information among, and common decision-taking by, the national regulatory authorities. The Network shall constitute the organisational framework for the common decision-taking of the national regulatory authorities; it shall adopt common positions and opinions and advise the Commission and national regulatory authorities on all matters falling within the remit of national regulatory authorities. (2) ‘Common positions’ means decisions of the Network of National Regulatory Authorities laying down guidelines for the regulatory measures to be taken by national regulatory authorities. Opinions shall set out the standpoints adopted by the Network of national regulatory authorities for the purposes of given procedures. (3)Where the legal framework so provides or the Network chooses to act on its own initiative, the Network of National Regulatory Authorities may, in collaboration with the Commission, adopt common positions and opinions in all cases falling within the remit of the national regulatory authorities, as stated in the legal framework. Specifically, the Network shall serve, by means of common positions consistent with the requirements of Community law and with the legal framework in particular, to promote uniform enforcement of Community law within its sphere of responsibility. It shall allow in that connection for specific national circumstances. Where a national regulatory authority departs in a particular instance from common positions, it shall be obliged to inform the Network of the reasons for the departure. (4) Where the Network of National Regulatory Authorities takes decisions for the purposes of Article 3a(3), each national regulatory authority shall have one vote. (5) Where the legal framework provides for common decision-taking by the national regulatory authorities, paragraphs 6 and 7 of this Article shall apply. Where the Network of National Regulatory Authorities is called upon to deliver opinions, but neither paragraph 6 or 7 is invoked, the procedure set out in paragraph 6 shall apply. (6) Where the legal framework, invoking this paragraph, provides for common decision-taking by the national regulatory authorities, a decision of the Network of National Regulatory Authorities shall require a simple majority of the votes cast. (7) Where the legal framework, invoking this paragraph, provides for common decision-taking by the national regulatory authorities, a decision of the Network of National Regulatory Authorities must be adopted unanimously. (8) Decisions of the Network of National Regulatory Authorities, together with statements of the reasons therefor, shall be published subject to the rules applying to national regulatory authorities regarding the confidentiality of trade secrets. (9) The national regulatory authorities, following the procedure referred to in paragraph 6, shall lay down rules of procedure setting out the detailed arrangements for decision-taking and cooperation within the Network of National Regulatory Authorities. Decisions within the meaning of paragraph 5 shall not be valid unless they have been taken in accordance with those rules of procedure. The rules of procedure shall also include rules governing cooperation with the Commission."
2008/05/22
Committee: ECON
Amendment 20 #

2007/0197(COD)

The Committee on Economic and Monetary Affairs calls on the Committee on Industry, Research and Energy, as the committee responsible, to reject the Commission proposal.
2008/03/07
Committee: ECON
Amendment 25 #

2007/0197(COD)

Proposal for a regulation
Recital 5
(5) On the basis of the impact assessment of the resource requirements for a central entity, it was concluded that an independent central entity offered a number of long-term advantages over other options. An Agency Network for the Cooperation of Energy Regulators, hereinafter referred to as ‘the AgencyNetwork’, should therefore be established (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
2008/03/07
Committee: ECON
Amendment 27 #

2007/0197(COD)

Proposal for a regulation
Recital 6
(6) The AgencyNetwork should ensure that regulatory functions performed at national level by the national regulatory authorities in accordance with Directive 2003/54/EC and Directive 2003/55/EC are properly coordinated and, where necessary, completed at the Community level. To that end, it is necessary to guarantee the independence of the Agency, its technical and regulatory capacities and its transparency and efficiency.
2008/03/07
Committee: ECON
Amendment 29 #

2007/0197(COD)

Proposal for a regulation
Recital 7
(7) The AgencyNetwork should monitororganise the cooperation between transmission system operators in the electricity and gas sectors as well as the execution of the tasks of the European Network of Transmission System Operators for electricity and the European Networks of Tnational transmission Ssystem Ooperators for Gas. The involvement of the Agency is essential in order to ensure that the cooperation between transmission system operators proceeds in an efficient and transparent way for the benefit of the internal market in the electricity and gas sectors.
2008/03/07
Committee: ECON
Amendment 30 #

2007/0197(COD)

Proposal for a regulation
Recital 8
(8) It is appropriate to provide a framework within which national regulatory authorities are able to cooperate. This framework should facilitate the uniform application of the legislation on the internal market for electricity and gas throughout the Community. As regards situations concerning more than one Member State, the Agency should be granted the power to adopt individual decisions. This power should cover the regulatory regime for infrastructure connecting at least two Member States, exemptions from the internal market rules for new electricity interconnectors and new gas infrastructures located in more than one Member State.deleted
2008/03/07
Committee: ECON
Amendment 32 #

2007/0197(COD)

Proposal for a regulation
Recital 9
(9) Since the Agency has an overview of the national regulatory authorities, it should have an advisory role towards the Commission as regards market regulation issues. It should also be required to inform the Commission where it finds that the cooperation between transmission system operators does not produce the results which are needed or that a national regulatory authority whose decision has violated guidelines is not willing to comply with the Agency’s opinion.deleted
2008/03/07
Committee: ECON
Amendment 34 #

2007/0197(COD)

Proposal for a regulation
Recital 10
(10) The Agency should also be able to issue non-binding guidelines to assist regulatory authorities and market players in sharing good practices.deleted
2008/03/07
Committee: ECON
Amendment 37 #

2007/0197(COD)

Proposal for a regulation
Recital 11
(11) The structure of the Agency should be adapted to meet the specific needs of energy regulation. In particular the specific role of the national regulatory authorities and their independence needs to be taken fully into account.deleted
2008/03/07
Committee: ECON
Amendment 38 #

2007/0197(COD)

Proposal for a regulation
Recital 12
(12) The Network’s Administrative Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, adopt financial regulations and appoint the Director.
2008/03/07
Committee: ECON
Amendment 40 #

2007/0197(COD)

Proposal for a regulation
Recital 13
(13) The AgencyNetwork should have the necessary powers to perform the regulatory functions in an efficient and above all independent manner. The independence of regulatory authorities is not only a key principle of good governance but also and a fundamental condition to ensure market confidence. Reflecting the situation on a national level, the BoardNetwork of Regulators should therefore act independently from any market interest and shall not seek or take instructions from any government or other public or private entity.
2008/03/07
Committee: ECON
Amendment 41 #

2007/0197(COD)

Proposal for a regulation
Recital 14
(14) Where the Agency has decision- making powers, interested parties should, for reasons of procedural economy, be granted a right of appeal to a Board of Appeal, which should be part of the Agency, but independent from its administrative and regulatory structure.deleted
2008/03/07
Committee: ECON
Amendment 46 #

2007/0197(COD)

Proposal for a regulation
Article 1 – title
Establishment of a Network of Energy Regulators
2008/03/07
Committee: ECON
Amendment 47 #

2007/0197(COD)

Proposal for a regulation
Article 1
An Agency Network for the Cooperation of Energy Regulators, hereinafter referred to as ‘the Agency’ isNetwork’ shall be established forby the purpose of complementing at Community level the regulatory tasks performed at national level by the regulatory authorities mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and, where necessary, to coordinate their action.Commission, after receiving the assent of the European Parliament and the Council.
2008/03/07
Committee: ECON
Amendment 49 #

2007/0197(COD)

Proposal for a regulation
Article 2
1. The Agency shall be a Community body with legal personality. 2. In each Member State, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under national law. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings. 3. The Agency shall be represented by its Director. 4. The seat of the Agency shall be located in [place]. Until its premises are ready, it will be hosted on Commission premises.Article 2 deleted Legal status and seat
2008/03/07
Committee: ECON
Amendment 52 #

2007/0197(COD)

Proposal for a regulation
Article 3
The Agency shall comprise: (a) an Administrative Board, which shall exercise the responsibilities set out in Article 10; (b) a Board of Regulators, which shall exercise the responsibilities set out in Article 12; (c) a Director, who shall exercise the responsibilities set out in Article 14; (d) a Board of Appeal, which shall exercise the resArticle 3 deleted Componsibilities set out in Article 16.tion
2008/03/07
Committee: ECON
Amendment 58 #

2007/0197(COD)

Proposal for a regulation
Article 5
The Agency may, upon a request from the Commission or on its own initiative,Network may provide an opinion to the Commission on all issues related to the purpose for which it has been established .
2008/03/07
Committee: ECON
Amendment 60 #

2007/0197(COD)

Proposal for a regulation
Article 6
1. The Agency shall provide an opinion to the Commission on the draft statutes, list of members and draft rules of procedure of the European Network of Transmission System Operators for Electricity in accordance with Article 2b(2) of Regulation (EC) No 1228/2003 and on those of the European Network of Transmission System Operators for Gas in accordance with Article 2b(2) of Regulation (EC) No 1775/2005. 2. The Agency shall monitor the execution of the tasks of the European Network of Transmission System Operators for Electricity as provided for in Article 2d of Regulation (EC) No 1228/2003 and of the European Network of Transmission System Operators for Gas as provided for Article 2d of Regulation (EC) No 1775/2005. 3. The Agency may provide an opinion to the European Network of Transmission System Operators for Electricity as provided for in Article 2d(2) of Regulation (EC) No 1228/2003 and to the European Network of Transmission System Operators for Gas as provided for in Article 2d(2) of Regulation (EC) No 1775/2005 on the technical or market codes, on the draft annual work programme and the draft 10-year investment plan. 4. The Agency shall provide a duly justified opinion to the Commission where it considers that the draft annual work programme or the draft 10-year investment plan submitted to it in accordance with Article 2d(2) of Regulation (EC) No 1228/2003 and Article 2d(2) of Regulation (EC) No 1775/2005 do not ensure non- discrimination, effective competition and the efficient functioning of the market. 5. The Agency shall provide a duly justified opinion to the Commission, in accordance with Article 2e(2) of Regulation (EC) No 1228/2003 and Article 2e(2) of Regulation (EC) No 1775/2005 where it considers that a technical or market code does not ensure non-discrimination, effective competition and the efficient functioning of the market, that a technical or market code has not been adopted within a reasonable period of time or that the transmission system operators fail to implement a technical or market code. 6. The Agency shall monitor the regional cooperation of transmission system operators referred to in Article 2h of Regulation (EC) No 1228/2003 and Article 2h of Regulation (EC) No 1775/2005.Article 6 deleted Tasks as regards the cooperation of transmission system operators
2008/03/07
Committee: ECON
Amendment 71 #

2007/0197(COD)

Proposal for a regulation
Article 7
Tasks as regards the national regulatory 1. The Agency shall adopt individual decisions on technical issues where these decisions are provided for in Guidelines pursuant to Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005. 2. The Agency may, in accordance with its work programme or at the request of the Commission, adopt non-binding guidelines to assist regulatory authorities and market players in sharing good practice. 3. The Agency shall promote cooperation between the national regulatory authorities and between regulatory authorities at regional level. Where the Agency considers that binding rules on such cooperation are required, it shall make the appropriate recommendations to the Commission. 4. The Agency shall provide an opinion, at the request of any regulatory authority or of the Commission, on whether a decision taken by a regulatory authority complies with the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005. 5. Where a national regulatory authority does not comply with the opinion of the Agency as referred to in paragraph 4 within four months from the date of receipt, the Agency shall inform the Commission. 6. When a national regulatory authority encounters, in a specific case, difficulties with the application of the Guidelines referred to in Directive 2003/54/EC, Directive 2003/55/EC, Regulation (EC) No 1228/2003 or Regulation (EC) No 1775/2005, it may ask the Agency for an opinion. The Agency shall deliver its opinion after consulting the Commission within four months. 7. The Agency shall decide on the regulatory regime for infrastructure connecting at least two member States, in accordance with Article 22d(3) of Directive 2003/54/EC and Article 24d(3) of Directive 2003/55/EC.Article 7 deleted authorities
2008/03/07
Committee: ECON
Amendment 76 #

2007/0197(COD)

Proposal for a regulation
Article 8
1. The Agency may grant exemptions, as provided for in Article 7(4)(a) of Regulation (EC) No 1228/2003. The Agency may also grant exemptions as provided for in Article 22(3)(a) of Directive 2003/55/EC where the infrastructure concerned is located in the territory of more than one MembArticle 8 deleted Other State. 2. The Agency shall propose an independent system operator in accordance with Article 10(4) of Directive 2003/54/EC and Article 9(4) of Directive 2003/55/EC.sks
2008/03/07
Committee: ECON
Amendment 78 #

2007/0197(COD)

Proposal for a regulation
Article 9
1. The Administrative Board shall be composed of twelve members. Six shall be appointed by the Commission, and six by the Council. The term of office shall be five years, renewable once. 2. The Administrative Board shall appoint its Chairperson and its Vice-Chairperson from among its members. The Vice- Chairperson shall automatically replace the Chairperson if the latter is not in a position to perform his duties. The term of office of the Chairperson and of the Vice- Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice- Chairperson shall expire the moment they cease to be members of the Administrative Board. 3. Meetings of the Administrative Board shall be convened by its Chairperson. The Director of the Agency shall participate in the deliberations unless the Administrative Board decides otherwise. The Administrative Board shall meet at least twice a year in ordinary session. It shall also meet at the initiative of its Chairperson, at the request of the Commission or at the request of at least a third of its members. The Administrative Board may invite any person with potentially relevant opinions to attend its meetings in the capacity of an observer. The members of the Administrative Board may, subject to the rules of procedure, be assisted by advisers or by experts. The Administrative Board’s secretarial services shall be provided by the Agency. 4. Decisions of the Administrative Board shall be adopted on the basis of a majority two-thirds majority of the members present. 5. Each member shall have one vote. The rules of procedure shall set out in greater detail the arrangements governing voting, especially the conditions whereby one member can act on behalf of another and also, where appropriate, the rules governing quorums.Article 9 deleted Administrative Board
2008/03/07
Committee: ECON
Amendment 87 #

2007/0197(COD)

Proposal for a regulation
Article 10
Tasks of the Administrative Board 1. The Administrative Board shall, after having consulted the Board of Regulators, appoint the Director in accordance with Article 13(2). 2. The Administrative Board shall appoint the members of the Board of Regulators in accordance with Article 11(1). 3. The Administrative Board shall appoint the members of the Board of Appeal in accordance with Article 15(1). 4. The Administrative Board shall adopt, before 30 September each year, and after consulting the Commission and after approval by the Board of Regulators in accordance with Article 12(3), the work programme of the Agency for the coming year and shall transmit it to the European Parliament, the Council and the Commission. The work programme shall be adopted without prejudice to the annual budgetary procedure. 5. The Administrative Board shall exercise its budgetary powers in accordance with Articles 18 to 21. 6. The Administrative Board shall decide, after having obtained the agreement of the Commission, whether to accept any legacies or donations or grants from other Community sources. 7. The Administrative Board shall exercise disciplinary authority over the Director. 8. The Administrative Board shall, where necessary, draw up the Agency’s staff policy pursuant to Article 25(2). 9. The Administrative Board shall adopt the special provisions on right of access to the documents of the Agency, in accordance with Article 27. 10. The Administrative Board shall adopt the annual report on the activities of the Agency, referred to in Article 14(8), and shall transmit it to the European Parliament, the Council, the Commission, the European Economic and Social Committee and the Court of Auditors by 15 June at the latest. This report shall contain an independent section, approved by the Board of Regulators, concerning the regulatory activities of the Agency during the year considered. 11. The Administrative Board shall adopt its own rules of procedure.Article 10 deleted
2008/03/07
Committee: ECON
Amendment 89 #

2007/0197(COD)

Proposal for a regulation
Article 11 – title
BoardNetwork of Regulators
2008/03/07
Committee: ECON
Amendment 90 #

2007/0197(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The BoardNetwork of Regulators shall be composed of one representative per Member State from the regulatory authorities, as mentioned in Article 22a of Directive 2003/54/EC and Article 24a of Directive 2003/55/EC, and one non-voting representative of the Commission. They shall constitute the Administrative Board of the Network. The national regulatory authorities shall nominate one alternate per Member State. Alternates shall participate in meetings only in the absence of a full representative.
2008/03/07
Committee: ECON
Amendment 92 #

2007/0197(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. The BoardNetwork of Regulators shall elect a Chairperson and a Vice-Chairperson from among its members. The Vice-Chairperson shall replace the Chairperson if the latter is not in a position to perform his or her duties. The term of office of the Chairperson and of the Vice-Chairperson shall be two and a half years and shall be renewable. In any event, however, the term of office of the Chairperson and that of the Vice-chairperson shall expire the moment they cease to be members of the BoardNetwork of Regulators.
2008/03/07
Committee: ECON
Amendment 94 #

2007/0197(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. The BoardNetwork of Regulators shall act by a majority of two-thirds of it members. Each member or alternate shall have one vote.
2008/03/07
Committee: ECON
Amendment 95 #

2007/0197(COD)

Proposal for a regulation
Article 11 – paragraph 4
4. The BoardNetwork of Regulators shall adopt its Rules of procedure.
2008/03/07
Committee: ECON
Amendment 96 #

2007/0197(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. When carrying out the tasks conferred upon it by this Regulation, the BoardNetwork of Regulators shall act independently and shall not seek or take instructions from any government of a Member State or from any public or private interest.
2008/03/07
Committee: ECON
Amendment 97 #

2007/0197(COD)

Proposal for a regulation
Article 11 – paragraph 6
6. The BoardNetwork of Regulators’ secretarial services shall be provided by the Agency shall appoint its director, organise its secretarial services, draw up its budget and determine its seat.
2008/03/07
Committee: ECON
Amendment 98 #

2007/0197(COD)

Proposal for a regulation
Article 12
Tasks of the Board of Regulators 1. The Board of Regulators shall provide an opinion to the Director before the adoption of the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8. In addition, the Board of Regulators, within its field of competence, shall provide guidance to the Director in the execution of the Director's tasks. 2. The Board of Regulators shall deliver an opinion on the candidate to be appointed as Director in accordance with Article 10(1) and Article 13(2). The Board shall reach this decision on the basis of a majority of three quarters of its members. 3. The Board of Regulators shall, in accordance with Article 10(4) and Article 14(6) and in line with the draft budget established according to Article 20(1), approve the work programme of the Agency for the coming year and present it before 1 September for adoption by the Administrative Board. 4. The Board of Regulators shall approve the independent section on regulatory activities of the annual report, as provided for in Article 10(10) and Article 14(8).Article 12 deleted
2008/03/07
Committee: ECON
Amendment 100 #

2007/0197(COD)

Proposal for a regulation
Article 13
1. The Agency shall be managed by its Director, who shall act independently in the exercise of his functions. Without prejudice to the respective powers of the Commission, the Administrative Board and the Board of Regulators, the Director shall not seek or accept any instruction from any government or from any body. 2. The Director shall be appointed by the Administrative Board, on the basis of merit as well as skills and experience, from a list of at least two candidates proposed by the Commission, following a call for expression of interest. Before appointment, the candidate selected by the Administrative Board may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. 3. The Director’s term of office shall be five years. In the course of the nine months preceding the end of this period, the Commission shall undertake an evaluation. In the evaluation, the Commission shall assess in particular: (a) the performance of the Director, (b) the Agency's duties and requirements in the coming years. 4. The Administrative Board, acting on a proposal from the Commission, taking into account the evaluation report and only in those cases where it can be justified by the duties and requirements of the Agency, may extend the term of office of the Director once for not more than three years. 5. The Administrative Board shall inform the European Parliament about its intention to extend the Director's term of office. Within a month before the extension of his/her term of office, the director may be invited to make a statement before the competent committee of the Parliament and answer questions put before its members. 6. If the term of office is not extended, the Director shall remain in office until the appointment of his/her successor. 7. The Director may be removed from office only upon a decision by the Administrative Board, after consulting the Board of Regulators. The Administrative Board shall reach this decision on the basis of a majority of three quarters of its members. 8. The European Parliament and the Council may call upon the Director to submit a report on the performance of his duties.Article 13 deleted Director
2008/03/07
Committee: ECON
Amendment 109 #

2007/0197(COD)

Proposal for a regulation
Article 14
1. The Director shall be responsible for representing the Agency and shall be in charge of its management. 2. The Director shall prepare the work of the Administrative Board. He or she shall participate, without having the right to vote, in the work of the Administrative Board. 3. The Director adopts the opinions, recommendations and decisions referred to in Articles 5, 6, 7 and 8, subject to the assent of the Board of Regulators. 4. The Director shall be responsible for implementing the annual work programme of the Agency under the guidance of the Board of Regulators and under the administrative control of the Administrative Board. 5. The Director shall take the necessary measures, notably the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Agency in accordance with this Regulation. 6. Each year the Director shall prepare a draft work programme of the Agency for the following year, and submit it to the Board of Regulators and to the Commission before 30 June of that year. 7. The Director shall make an estimate of the revenue and expenditure of the Agency pursuant to Article 20 and shall implement the budget of the Agency pursuant to Article 21. 8. Each year the Director shall prepare a draft annual report with a section on the regulatory activities of the Agency and a section on financial and administrative matters. 9. With regard to the staff of the Agency, the Director shall exercise the powers provided for in Article 25(3).Article 14 deleted Tasks of the Director
2008/03/07
Committee: ECON
Amendment 113 #

2007/0197(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The members of the Board of Appeal shall be appointed by the Administrative BoardEuropean Parliament, on a proposal from the Commission, following a call for expression of interest, after consultation of the BoardNetwork of Regulators.
2008/03/07
Committee: ECON
Amendment 114 #

2007/0197(COD)

Proposal for a regulation
Article 15 – paragraph 3
3. The term of office of the members of the Board of Appeal shall be five years. This term shall be renewable. The members of the Board of Appeal shall be independent in making their decisions; they shall not be bound by any instructions. They may not perform any other duties in the Agency, in its Administrative Board or in its Board of Regulators. A member of the Board of Appeal may not be removed during his or her term of office, unless he or she has been found guilty of serious misconduct, and the Administrative Board, after consulting the Board of Regulators, takes a decision to this effect.
2008/03/07
Committee: ECON
Amendment 116 #

2007/0197(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Should the Agency fail to take a decision, proceedings for failure to act may be brought before the Court of First Instance or the Court of Justice in accordance with Article 232 of the Treaty.deleted
2008/03/07
Committee: ECON
Amendment 117 #

2007/0197(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. The AgencyNetwork shall be required to take the necessary measures to comply with the judgment of the Court of First Instance or the Court of Justice.
2008/03/07
Committee: ECON
Amendment 118 #

2007/0197(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. By 15 February of each year at the latest, the Director shall drawn up a preliminary draft budget covering the operational expenditure and the programme of work anticipated for the following financial year, and shall forward this preliminary draft to the Administrative Board, together with a list of provisional posts. Each year the Administrative Board shall, on the basis of the draft prepared by the Director, make an estimate of revenue and expenditure of the AgencyNetwork for the following financial year. This estimate, including a draft establishment plan, shall be transmitted by the Administrative Board to the Commission by 31 March at the latest. Prior to adoption of the estimate, the draft prepared by the Director shall be transmitted to the Regulatory Board, which may deliver an opinion on the draft.
2008/03/07
Committee: ECON
Amendment 119 #

2007/0197(COD)

Proposal for a regulation
Article 20 – paragraph 4
4. The budgetary authority shall adopt the establishment plan for the Agency.deleted
2008/03/07
Committee: ECON
Amendment 120 #

2007/0197(COD)

Proposal for a regulation
Article 25
1. The Staff Regulations of Officials of the European Communities, the Conditions of employment of other servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these staff regulations and conditions of employment shall apply to the staff of the Agency. 2. The Administrative Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations of officials of the European Communities. 3. In respect of its staff, the Agency shall exercise the powers conferred on the appointing authority by the Staff Regulations of officials of the European Communities and on the authority entitled to conclude contracts by the Conditions of Employment of other servants of the European Communities. 4. The Administrative Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Agency.Article 25 deleted Staff
2008/03/07
Committee: ECON
Amendment 121 #

2007/0197(COD)

Proposal for a regulation
Article 26 – paragraph 2
2. The personal financial liability and disciplinary liability of Agency staff towards the Agency shall be governed by the relevant provisions applying to the staff of the Agency.deleted
2008/03/07
Committee: ECON
Amendment 123 #

2007/0197(COD)

Proposal for a regulation
Article 30
1. The Commission shall carry out an evaluation of the activities of the Agency. This shall cover the results achieved by the Agency and its working methods, in relation with its objective, mandate and tasks defined in this Regulation and in its annual work programmes. 2. The first evaluation report shall be presented by the Commission to the European Parliament and the Council at the latest four years after the first Director has taken up his or her duties. The Commission shall then present an evaluation report at least every five years.Article 30 deleted Evaluation
2008/03/07
Committee: ECON
Amendment 10 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 10 a (new)
(10a) If the provisions on effective and efficient legal unbundling are complied with, vertically integrated undertakings may retain ownership of the assets of the network while at the same time guaranteeing an effective separation of interests, provided that the network company performs all the tasks of a network operator, and that detailed regulation and comprehensive regulation control mechanisms are in place.
2008/03/11
Committee: ECON
Amendment 13 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and production interests, and the effective and efficient legal unbundling of transmission system operators. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and production business, provided that the requirements resulting from ownership unbundling are complied with.
2008/03/11
Committee: ECON
Amendment 23 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 3 a (new)
Directive 2003/55/EC
Article 6a (new)
(3a) The following article is inserted: ‘Article 6a Provisions on the unbundling of transmission system operators In order to guarantee the independence of transmission system operators, the Member States shall ensure that, as from…* vertically integrated undertakings comply with Article 7(1)(a) to (d) on full ownership unbundling, Article 9 on independent system operators, or Article 9b on effective and efficient legal unbundling. . ___________ * date of transposition plus one year.
2008/03/11
Committee: ECON
Amendment 27 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 6 a (new)
Directive 2003/55/EC
Article 8 – paragraphs 4a to 4h (new)
(6a) In Article 8, the following paragraphs shall be added: "4a. A transmission system operator shall elaborate a 10-year network development plan at least every two years. It shall provide efficient measures in order to guarantee system adequacy and security of supply. That development plan shall, in particular: (a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years; (b) include all the investments already decided upon and identify new investments for which an implementation decision has to be taken during the following three years. 4b. In order to elaborate its 10-year network development plan, each transmission system operator shall make reasonable estimates about the evolution of generation, consumption and exchanges with other countries, taking into account regional and European-wide existing network investment plans. A transmission system operator shall submit its estimates to the national regulatory authority within a reasonable time period. 4c. The national regulatory authority shall consult all relevant network users on the basis of a draft 10-year network development plan in an open and transparent manner and may publish the result of the consultation process, in particular as regards possible investment needs. 4d. The national regulatory authority shall examine whether the 10-year network development plan covers all investment needs identified in the consultation and may require that the transmission system operator amend its plan. 4e. If a transmission system operator refuses to implement a specific investment that is listed in the 10-year network development plan for execution during the following three years, Members States shall ensure that the regulatory authority has the competence to: (a) request the transmission system operator to execute its investment obligations using its financial capacities or (b) invite independent investors to tender for necessary investment in a transmission system, possibly requiring the transmission system operator to agree to: - third-party financing; - a third party building a new asset; - a third party operating a new asset; and/or - a capital increase to finance the necessary investments and allow independent investors to participate in the capital. The relevant financial arrangements shall be subject to the approval of the regulatory authority. Whether the transmission system operator or a third party makes a specific investment, tariff regulation shall allow for revenue that cover the costs of such investment. 4f. The national regulatory authority shall monitor and evaluate the implementation of the investment plan. 4g. Transmission system operators shall be required to establish and publish transparent and efficient procedures for non-discriminatory connection of third parties to the grid. Those procedures shall be subject to the approval of national regulatory authorities. 4h. Transmission system operators shall not be entitled to refuse the access of third parties on the grounds of possible future limitations to available network capacities, such as congestion in distant parts of the transmission grid. Transmission system operators shall be required to supply necessary information. Transmission system operators shall not be entitled to refuse a new connection point, on the sole ground that it will lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point."
2008/03/11
Committee: ECON
Amendment 36 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 8 a (new)
Directive 2003/55/EC
Article 9b (new)
(8a) The following Article 9 is inserted: Article 9b Effective and efficient legal unbundling of transmission systems Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of gas transmission. In particular , the transmission system operator shall: (a) own assets necessary for the regular business of gas transmission; (b) directly employ personnel necessary for the regular business of gas transmission; c) ensure that appropriate financial resources for future investment projects will be available in accordance with annual financial planning. The activities referred to in sub- paragraphs a to c shall include, at least: − representing the transmission system operator and contacts to third parties and the regulatory authorities, − granting and managing third-party access, in particular to new market participants from the biogas sector, − collecting access charges, congestion rents and payments pursuant to the balancing mechanisms between transmission system operators set out in Article 7 of Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks*, − operating, maintaining and developing the transmission system, − investment planning ensuring the long-term ability of the system to meet reasonable demand and guaranteeing security of supply, − legal services, − accountancy and information technology services; (2) The leasing of personnel and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of production or supply, shall be prohibited. (3) The transmission system operator may not engage in any activities other than transmission which might conflict with its tasks, including the possession of shares or participation in an undertaking or a part of the vertically integrated undertaking or in any other gas or electricity company. Exceptions to this rule shall require prior authorisation by the national regulatory authority and shall be confined to share ownership and participation in other network undertakings. (4) The transmission system operator shall have its own corporate identity, significantly distinct from the vertically integrated undertaking with separate branding, communication and premises. (5) The transmission system operator shall not provide the vertically integrated undertaking any sensitive information or information conferring a competitive advantage, unless it shares such information with all market participants in an equal and non-discriminatory manner. What types of information are covered by this definition shall be determined by the transmission system operator in collaboration with the national regulatory authority. (6) Transmission system operators' accounts shall be audited by an auditor other than the auditor of the vertically integrated undertaking and its affiliated companies. Independence of the transmission system operator management, chief executive officer / executive board (7) Decisions on the appointment and on any premature termination of the employment of the transmission system operator's chief executive officer or members of the executive board and their respective contractual agreements of employment and their termination shall be notified to the national regulatory authority. Those decisions and agreements may become binding only if the regulatory authority has not used its right of veto within 3 weeks of notification. The regulatory authority may use a veto in connection with appointments and their respective contractual agreements in the event that serious doubts arise in regard to the professional independence of a nominee for appointment as chief executive officer or member of the executive board on the one hand, or the justification for the premature termination of employment and corresponding contractual agreements on the other. (8) Effective rights of appeal to the regulatory authority or to a court shall be guaranteed for any complaints by the chief executive officer or members of the executive board of the transmission system operator against premature terminations of their employment. (9) The regulatory authority must take a decision on the appeal within six months. This time limit may only be exceeded for objectively justified reasons. (10) After termination of employment with the transmission system operator, chief executive officers or members of the executive board shall be prohibited from participating in any branch of the vertically integrated undertaking performing functions of production or supply for a period of not less than 3 years. (11) The chief executive officer or members of the executive board shall hold no interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. His, her or their remuneration shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. (12) The chief executive officer or members of the executive board of the transmission system operator shall bear no responsibility, directly or indirectly, in the day-to-day operation of any other branch of the vertically integrated undertaking. (13) Without prejudice to this Article, the transmission system operator shall have effective decision-making rights, independent from the integrated gas undertaking, with respect to assets necessary to operate, maintain or develop the network. This shall not prevent the existence of appropriate coordination mechanisms enabling the parent company to set global limits on the levels of indebtedness of its subsidiary. The parent company may not issue any instructions either regarding day-to-day operations, or with respect to individual decisions concerning the construction or upgrading of transmission gas pipelines, that exceed the terms of the approved financial plan, or any equivalent instrument. Supervisory board and board of directors (14) Chairpersons and members of the transmission system operator's supervisory board or board of directors shall not participate in any branch of the vertically integrated undertaking, neither may they be members of the supervisory board or board of directors of any branch or subsidiary of the vertically integrated undertaking. (15) The members of the transmission system operator's supervisory board or board of directors shall be independent and shall be appointed for a term of at least 5 years. Their appointment shall be notified to the regulatory authority and shall become binding only subject to the conditions provided for in paragraph (7). (16) For the purposes of paragraph 13, a member of a transmission system operator's supervisory board or board of directors shall be deemed independent if he or she is free of any business or other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that creates a conflict of interest such as to impair his or her judgement, and, in particular, he or she: a) has not been an employee of any branch of the vertically integrated undertaking performing functions of production and supply in five years prior to his or her appointment to the supervisory board or board of directors; b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; c) does not have any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his or her appointment to the supervisory board or board of directors; and d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board or board of directors. Compliance officer (17) Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures taken to ensure that discriminatory conduct is excluded. The programme shall set out the specific obligations of employees to meet that objective. It shall be subject to approval of the regulatory authority. Compliance with the programme shall be independently monitored by the compliance officer. The regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance programme. (18) The transmission system operator's chief executive officer or executive board shall appoint a person or a body as a compliance officer in order to: a) monitor the implementation of the compliance programme; b) elaborate a detailed annual report, the criteria for which shall be determined by regulatory authority in agreement with the European Agency for the Cooperation of Energy Regulators, set out the measures taken in order to implement the compliance programme and submit the report to the regulatory authority; and c) issue recommendations on the compliance programme and its implementation. (19) The independence of the compliance officer shall be guaranteed in particular by the terms of his or her employment contract. (20) The compliance officer shall have the opportunity regularly to address the supervisory board or board of directors of the transmission system operator, the vertically integrated undertaking, and the regulatory authorities. (21) The compliance officer shall attend all sessions of the supervisory board or board of directors of the transmission system operator that address the following areas: a) conditions for access and connection to the network, including the collection of access charges, congestion rents and payments in accordance with the balancing mechanism between transmission system operators set out in Article 7 of Regulation (EC) No 1775/2005; b) projects undertaken in order to operate, maintain and develop the transmission network system, including interconnection and connection investments; c) balancing rules, including provisions on energy reserves; and d) energy purchases in order to cover energy losses. (22) During these meetings, the compliance officer shall prevent information about customers’ or suppliers’ activities, which may be commercially advantageous, from being disclosed in a discriminatory manner to the supervisory board or board of directors. (23) The compliance officer shall have access to all the transmission system operator's relevant books, records and offices and to all the necessary information for the proper performance of his or her duties. (24) The compliance officer shall be nominated and removed from office by the chief executive officer or executive board only following the prior approval of the regulatory authority. (25) The compliance officer may not have any kind of business dealings with the vertically integrated undertaking for at least five years after leaving office. Network development and powers to make investment decisions (26) Each transmission system operator shall elaborate a 10-year network development plan at least every two years. It shall provide efficient measures in order to guarantee system adequacy and security of supply. (27) That ten-year plan shall, in particular: a) indicate to market participants the main transmission infrastructures to be built over the next ten years; b) include all the investments already decided upon and identify new investments for which an implementation decision has to be taken during the following three years. (28) In order to elaborate its 10-year network development plan, each transmission system operator shall make reasoned estimates about the evolution of supply, consumption and exchanges with other countries, taking into account regional and Europe-wide existing network investment plans. A transmission system operator shall submit its estimates to the national regulatory authority within a reasonable time period. (29) The regulatory authority shall consult all relevant network users on the basis of a draft 10-year network development plan in an open and transparent manner and may publish the result of the consultation process, in particular as regards possible investment needs. (30) The regulatory authority shall examine whether the 10-year network development plan covers all investment needs identified in the consultation and may require that the transmission system operator amend its plan. (31) If the transmission system operator refuses to make a specific investment that is listed in the 10-year network development plan for execution during the following three years, the Member State in question shall ensure that the regulatory authority has the competence to: a) request the transmission system operator by all legal means to execute its investment obligations using its financial capacities; or b) invite independent investors to tender for a necessary investment in a transmission system, requiring the transmission system operator to: - agree to third-party financing, - agree to a third party building a new asset, or create the new asset in question, - operate the new asset, and/or - accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital. The relevant financial arrangements shall be subject to the approval of the regulatory authority. In either case, tariff regulation shall allow for revenue that covers the costs of such investment. (32) The regulatory authority shall monitor and evaluate the implementation of the investment plan. Power of decision on third-party access to the transmission network (33) Transmission system operators shall be required to develop and publish transparent and efficient procedures for the non-discriminatory access of third parties to the network. Those procedures shall be subject to the approval of national regulatory authorities. (34) Transmission system operators shall not be entitled to refuse access the access of third parties on the grounds of possible future limitations to available network capacities, such as congestion in distant parts of the transmission network. The transmission system operator shall be required to supply necessary information. (35) Transmission system operators shall not refuse a new connection point on the sole ground that it will lead to additional costs linked to necessary capacity increase of network elements in the immediate vicinity of the connection point. Regional Cooperation (36) If Member States opt for regional cooperation, they must impose precisely defined obligations on the transmission system operator, to be fulfilled within a clearly defined time frame. Such obligations must also lead gradually to the creation of a common regional dispatching centre, which shall be responsible for security and safety issues no later than six years from the entry into force of this directive. (37) Where there is cooperation between several Member States at regional level, the Member States in question shall appoint a regional coordinator in agreement with the Commission. (38) The regional coordinator shall promote cooperation at regional level between regulatory authorities and any other competent authorities, network operators, power exchanges, network users and market participants. In particular, he shall : a) promote new, efficient investments in interconnection infrastructure. To that end, he shall help transmission network operators in setting up their regional interconnection infrastructure plan and shall contribute to the coordination of their investment decisions and, where appropriate, their open season procedure; b) promote the efficient and safe use of the network. To that end, he shall contribute, by drafting common rules and common safety mechanisms, to coordination between transmission system operators, national regulatory authorities and other competent national authorities; c) report annually to the Commission and the Member States in question on the progress made in the field and on any difficulties or obstacles which might impair progress; Sanctions (39) In order to perform the duties imposed on it in this Article, the national regulatory authority shall have the right: a) to demand any information from the transmission system operator and to contact any member of the transmission system operator’s staff directly; in case of doubt, it may also exercise this right over the vertically integrated undertaking and its branches; b) to carry out any necessary investigations of the transmission system operator and, in case of doubt, of the vertically integrated undertaking and its branches; the provisions of Article 20 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty** shall apply accordingly. (40) In order to perform its tasks under this Article, the national regulatory authority shall have the right to impose effective, appropriate and deterrent penalties on the transmission system operator and/or the vertically integrated undertaking where they do not comply with their duties pursuant to this Article or to the decisions of the national regulatory authority. This right includes the right: a) to impose effective, appropriate and deterrent fines, calculated on the basis of the turnover of the transmission network operator; b) to impose orders to refrain from discriminatory behaviour; c) to withdraw the transmission system operator’s licence, at least in part, should the operator repeatedly infringe the unbundling provisions of this Article. * OJ L 289, 3.11.2005, p. 1. ** OJ L 1, 4.1.2003, p. 1. Last amended by Regulation (EC) No 1419/2006 of 25 September 2006 (OJ L 269, 28.9.2006, p.1).
2008/03/11
Committee: ECON
Amendment 40 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2003/55/EC
Article 13 – paragraph 4
4. The Commission may adopt guidelines on procedural requirements to ensure full and effective compliance of the distribution system operator with paragraph 2 as regards the full independence of the distribution system operator, the absence of discriminatory behaviour, and that supply activities of the vertically integrated undertaking cannot take unfair advantage of its vertical integration. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 30(3).
2008/03/11
Committee: ECON
Amendment 47 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (n)
n) ensuring efficient and equal access to customer consumption data for all market participants, the application of a harmonised format for consumption data and the access to data under paragraph (h) of Annex A;
2008/03/11
Committee: ECON
Amendment 52 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
b) to carry out in cooperation with the national competition authority, and with account being taken of respective powers, investigations of the functioning of gas markets, and to decide, in the absence of violations of competition rules, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including gas release programs;
2008/03/11
Committee: ECON
Amendment 53 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (a)
a) connection and access to national networks, including transmission and distribution tariffs, methods for calculating them, and terms, conditions and tariffs for access to LNG facilities. These tariffs shall allow the necessary investments in the networks and LNG facilities to be carried out in a manner allowing these investments to ensure the viability of the networks and LNG facilities;
2008/03/11
Committee: ECON
Amendment 55 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 13
13. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a body independent of the parties involvjudicial body or other national authority independent of the parties involved and the government of the Member State concerned.
2008/03/11
Committee: ECON
Amendment 65 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 10 a (new)
(10a) In complying with the regulations on effective and efficient legal unbundling, and provided that the network undertaking performs all the functions of the network operator and detailed regulation and extensive regulatory control mechanisms are put in place, vertically integrated undertakings may maintain their ownership of network assets whilst at the same time ensuring an effective separation of interests.
2008/04/07
Committee: ITRE
Amendment 66 #

2007/0196(COD)

Proposal for a directive – amending act
Article 2 - paragraph 2 a (new)
(2a) The Commission shall report annually to the European Parliament and the Council on progress with the practical and formal implementation of this Directive in the individual Member States.
2008/03/11
Committee: ECON
Amendment 71 #

2007/0196(COD)

Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and generation interests, and effective and efficient legal unbundling of transmission system operators. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
2008/04/07
Committee: ITRE
Amendment 159 #

2007/0196(COD)


Recital 24 a (new)
(24a) In applying the provisions of this Directive, the national regulatory authorities should pay due attention to the specific circumstances of small and medium-sized gas suppliers, particularly from an administrative and economic viewpoint.
2009/03/11
Committee: ITRE
Amendment 175 #

2007/0196(COD)


Article 20 – paragraph 3 – subparagraph 1
3. The first subparagraph of Article 19(2), the first subparagraph of Article 19(3) and Article 19(4) to (7) shall apply to at least half of the members of the Supervisory Body minus one1. 1 The Supervisory Body representatives representing other interested parties such as employees of the transmission system operator in accordance with paragraph 2 of this Article shall not belong either to the body of members representing the vertically integrated undertaking or to the body of supervisory body members subject to the requirements of the first subparagraph of Article 19(2), the first subparagraph of Article 19(3) and Article 19(4) to (7).
2009/03/11
Committee: ITRE
Amendment 185 #

2007/0196(COD)


Article 38 – paragraph 5 a (new)
5a. Paragraphs 4 and 5 shall be without prejudice to the constitutional requirements of the Member State’s administrative organisation.
2009/03/11
Committee: ITRE
Amendment 200 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph –1 (new)
"–1. In order to ensure the independence of transmission system operators, Member States shall ensure that, as from [date of transposition plus one year], vertically integrated undertakings must comply with the provisions of Article 7(1)(a) to (d) and Article 9 or with the provisions of Article 9b."
2008/04/10
Committee: ITRE
Amendment 273 #

2007/0196(COD)

Proposal for a directive – amending act
Article 1 – point 8 a (new)
Directive 2003/55/EC
Article 9 b (new)
(8a) The following Article shall be inserted: "Article 9b Effective and efficient legal unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of gas transmission, in particular: (i) transmission system operators shall own assets that are necessary for the regular business of gas transmission ; (ii) transmission system operators shall employ the staff necessary for the regular business of gas transmission ; (iii) appropriate financial resources for future investment projects shall be made available in the annual finance plan. The activities deemed necessary for the regular business of gas transmission mentioned in this paragraph shall include at least: – representation of the transmission system operator and contacts with third parties and the national regulatory authorities, – granting and managing third party access to the network, especially the access for new market operators and producers of biogas, – collection of the access charges, congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 7 of Regulation (EC) No 1775/2005, – operation, maintenance and development of the transmission system, – investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, – legal services, – accountancy and IT services. 2. The sharing of the staff and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, shall be prohibited. 3. The transmission system operator shall not engage in any business or activity outside transmission which could be in conflict with its tasks, including the holding of shares or interests in any undertaking or part of the vertically integrated company or in any other electricity and gas company. Exceptions require the prior consent of the national regulatory authority and shall be restricted to shares and interests in other network businesses. 4. The transmission system operator shall have its own legal identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. The transmission system operator shall not share any commercially advantageous and sensitive information with any undertaking of the vertically integrated undertaking unless it does so with all market participants in a non- discriminatory way. The transmission system operator shall, in cooperation with the national regulatory authority, define this information. 6. Transmission system operator's accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator's management, chief executive officer / executive board 7. Decisions on the appointment and on any early termination of the employment of the chief executive officer /members of the executive board of the transmission system operator and on conclusion or early termination of respective employment agreements with these persons shall be notified to the national regulatory authority. These decisions and agreements may become binding only if, within a period of 3 weeks after the notification, the national regulatory authority has not used its right of veto. A veto may be used if an appointment and conclusion of the respective agreement poses serious doubts as to the professional independence of the nominated chief executive officer / member of the executive board; in the case of early terminations of employment and of respective agreements with these persons, the right of veto may be used if serious doubts exist regarding the basis and justification of such early termination. 8. Rights of appeal to the national regulatory authority or to a court shall be guaranteed to the members of the management of the transmission system operator regarding early terminations of their employment. 9. The national regulatory authority shall decide on such appeal within six months. This time period may be exceed only in exceptional and duly justified cases. 10. After the termination of employment in the transmission system operator, chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 11. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. Remuneration of the chief executive officer / members of the executive board shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 12. The chief executive officer or the members of the executive board of the transmission system operator may not be responsible, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 13. Without prejudice to the provisions above, the transmission system operator shall have all effective decision-making rights, independent from the integrated gas undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the parent company is able to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 14. The Chairman of the supervisory board/board of directors of the transmission system operator and all of its members shall not participate in any branch of the vertically integrated undertaking. They shall also not be members of the supervisory board/board of directors of any undertaking of the vertically integrated company. 15. The supervisory boards / boards of directors of transmission system operators shall also include independent members, appointed for at least 5 years. Appointment of the members of the supervisory board / board of directors shall be notified to the national regulatory authority and become binding under the conditions referred to in paragraph 7. 16. For the purpose of paragraph 15, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he/she does not participate in any business with, or has no other relationship with, the vertically integrated undertaking, its controlling shareholders or the management of either, which would create a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to the appointment as a member of the supervisory board / board of directors; (b) does not hold any interest in, and does not receive any compensation from, the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not have any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as a member of the supervisory board / board of directors; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board /board of directors. IV. Compliance officer 17. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. This programme shall set out the specific obligations of employees of the transmission system operator to meet this objective. The programme shall be subject to approval of the regulatory authority. Compliance of the program by the transmission system operators shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 18. The chief executive officer/ executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (i) monitoring the implementation of the compliance programme; (ii) elaborating a detailed annual report, setting out the measures to be taken in order to implement the compliance programme and submitting it to the national regulatory authority; definition of measures for the implementation of the compliance program and presentation of the report to the national regulatory authority; (iii) issuing recommendations regarding the compliance programme and its implementation. 19. The independence of the compliance officer shall be guaranteed in particular by terms of the employment contract. 20. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and the regulatory authorities. 21. The compliance officer shall attend all meetings of the supervisory board / board of directors of the transmission system operator that address the following areas: (i) conditions for access and connection to the system, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 7 of Regulation (EC) No 1775/2005; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) balancing rules, including reserve power rules; (iv) energy purchases in order to cover energy losses. 22. During these meetings, the compliance officer shall prevent information about generators or suppliers activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 23. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all the necessary information for the fulfilment of the assigned tasks. 24. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after the prior approval by the national regulatory authority. 25. Following revocation of the mandate of the compliance officer, the compliance officer should be barred from having business relations with the vertical integrated undertaking for a period of not less than five years. V. Grid development and powers to make investment decisions 26. Transmission system operators shall draw up a 10-year network development plan at least every two years. They shall take efficient measures in order to guarantee system adequacy and security of supply. 27. The 10-year network development plan shall, in particular: a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years, b) contain all the investments already decided and identify new investments for which an implementation decision has to be taken in the next three years. 28. In order to elaborate this 10-year network development plan, each transmission system operator shall make reasonable hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account regional and European- wide existing network investment plans. Transmission system operator shall submit in due time the draft of this plan to the national regulatory authority. 29. The national regulatory authority shall consult the draft plan with all relevant network users in an open and transparent manner and may publish the result of such consultation, in particular possible needs for investments. 30. The national regulatory authority shall examine whether the draft 10-year network development plan covers all investment needs identified in the consultation. The national regulatory authority may oblige the transmission system operator to amend his plan. 31. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan in the next three years, Member States shall ensure that the national regulatory authority has the power to take one of the following measures: (a) to request, by all legal means, the transmission system operator to execute its investment obligations by using its financial capacities, or, (b) to invite independent investors to tender for the necessary investment in the transmission system and may, at the same time, oblige the transmission system operator: – to agree to financing by any third party, – to agree to building by any third party or to build the respective new assets, – to operate the respective new asset and –to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital increase. The relevant financial arrangements shall be subject to the approval of the national regulatory authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 32. The national regulatory authority shall monitor and evaluate the implementation of the investment plan. VI. Decision making powers regarding the access of third parties to the transmission grid 33. Transmission system operators shall be required to establish and publish transparent and efficient procedures for non-discriminatory access of third parties to the network. Those procedures shall be subject to the approval of national regulatory authorities. 34. Transmission system operators shall not be entitled to refuse third parties access to the network on the grounds of possible future limitations to available network capacities, e.g. congestion in distant parts of the transmission network. The transmission system operator shall supply the necessary information. 35. Transmission system operators shall not be entitled to refuse a new access to the network on the sole ground that it would lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point. VII. Regional cooperation 36. Member States which decide to cooperate on a regional level, shall place precise obligations on transmission system operators within a clearly defined time frame and progressively leading to the creation of a common regional dispatching centre responsible for security issues within six years of entry into force of Directive .../.../EC [amending Directive 2003/55/EC concerning common rules for the internal market in natural gas]. 37. If the cooperation between several Member States at a regional level encounters difficulties, following the joint request of these Member States the Commission may designate a regional coordinator. 38. The regional coordinator shall promote at a regional level the cooperation of regulatory authorities and any other competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators in preparation of their regional interconnection plan and shall contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure, (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities while elaborating common allocation and common safeguard mechanisms, (c) submit an annual report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder such progress. VIII. Sanctions 39. In order to carry out the tasks assigned to it by this Article, the national regulatory authority: (i) shall be empowered to request any information from the transmission system operator and to directly contact all staff of the transmission system operator; if doubts remain, the national regulatory authority shall have the same power towards the vertically integrated undertaking and its subsidiaries; (ii) may conduct all necessary inspections of the transmission system operator and, if doubts remain, of the vertically integrated undertaking and its subsidiaries; Article 20 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty1 shall apply. 40. In order to carry out its tasks assigned to it by this Article, the national regulatory authority shall have the power to impose effective, appropriate and dissuasive sanctions to the transmission system operator and/or to the vertically integrated undertaking not complying with their obligations under this Article or any decisions of the national regulatory authority. This power shall include the right to: (i) impose effective, appropriate and dissuasive fines related to the turnover of the network company; (ii) issue orders to remedy a discriminatory behaviour; (iii) withdraw, partly or in full, the licence of the transmission system operator in case it repeatedly breaches the unbundling provisions set out in this Article." 1 OJ L 1, 4.1.2003, p. 1.
2008/04/10
Committee: ITRE
Amendment 556 #

2007/0196(COD)

Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
2a. The Commission shall report to the European Parliament and the Council annually on the formal and practical implementation of this Directive in each Member State.
2008/03/31
Committee: ITRE
Amendment 558 #

2007/0196(COD)

Proposal for a directive – amending act
Article 2 – paragraph 2 b (new)
2b. Six years after the entry into force of this Directive, the Commission shall, on the basis of public consultations, in the light of discussions with the competent authorities and after having received an opinion by the Agency for the Cooperation of Energy Regulators, report to the European Parliament and the Council on the desirability of maintaining or amending this Directive. The several versions of restructuring gas companies laid down in Articles 7a to 7d and Articles 9 and 9b of Directive 2003/55/EC shall be verified, in particular, in terms of the effectiveness of their impact on network access and the necessary investments.
2008/03/31
Committee: ITRE
Amendment 11 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 7
(7) Only the removal of the inherent incentive for vertically integrated companies to discriminate against competitors as regards network access and investment can ensure effective unbundling. Ownership unbundling, which implies the network owner being appointed as the network operator and being independent from any supply and production interests, is clearly the mostan effective and stable way to solve the inherent conflict of interest and to ensure security of supply. For this reason, the European Parliament in its Resolution on Pprospects for the internal gas and electricity market adopted on 10 July 2007 referred to ownership unbundling at transmission level as the most effective tool to promote investments in infrastructures in a non-discriminatory way, fair access to the grid for new entrants and transparency in the market. Member States should therefore be required to ensure that the same person or persons are not entitled to exercise control, including through minority blocking rights on decisions of strategic importance such as investments, over a production or supply undertaking and, at the same time, hold any interest in or exercise any right over a transmission system operator or transmission system. Conversely, control over a transmission system operator should preclude the possibility of holding any interest in or exercising any right over a supply undertaking.
2008/03/11
Committee: ECON
Amendment 12 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 10 a (new)
(10a) Assuming that they comply with the provisions on effective and efficient corporate unbundling, vertically integrated companies can continue to own network assets while making for effective separation of interests, provided that the network company performs all the functions of a network operator and the necessary provision is made for detailed regulation and comprehensive regulatory oversight mechanisms.
2008/03/11
Committee: ECON
Amendment 14 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and generation interests, and effective and efficient corporate unbundling of transmission system operators. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
2008/03/11
Committee: ECON
Amendment 22 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 2
Directive 2003/54/EC
Article 3 – paragraph 10
2. In Article 3, the following paragraph 10 is added: “10. The Commission may adopt guidelines for the implementation of this Article. This measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).”deleted
2008/03/11
Committee: ECON
Amendment 31 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph -1 a (new)
-1a. To guarantee the independence of transmission system operators, Member States shall ensure that, with effect from [transposition deadline + 1 year], vertically integrated companies comply either with Article 8(1)(a) to (d) on complete ownership unbundling or with Article 10 on independent system operators, or Article 10b on effective and efficient corporate unbundling..
2008/03/11
Committee: ECON
Amendment 52 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 6 a (new)
Directive 2003/54/EC
Article 9 – paragraph 1 a to 1 h (new)
(6a) In Article 9, the following paragraphs shall be added: "1a. Each transmission system operator shall elaborate a 10-year network development plan at least every two years. It shall provide efficient measures in order to guarantee system adequacy and security of supply. That development plan shall, in particular: (a) indicate to market participants the main transmission infrastructures to be built over the next ten years. (b) include all the investments already decided upon and identify new investments for which an implementation decision has to be taken during the following three years. 1b. In order to elaborate its 10-year network development plan, each transmission system operator shall make reasonable estimates about the evolution of generation, consumption and exchanges with other countries, taking into account regional and European-wide existing network investment plans. A transmission system operator shall submit its estimates to the national regulatory authority within a reasonable time period. 1c. The national regulatory authority shall consult all relevant network users on the basis of a draft 10-year network development plan in an open and transparent manner and may publish the result of the consultation process, in particular as regards possible investment needs. 1d. The national regulatory authority shall examine whether the 10-year network development plan covers all investment needs identified in the consultation and may require that the transmission system operator amend its plan. 1e. If a transmission system operator refuses to implement a specific investment that is listed in the 10-year network development plan for execution during the following three years, Members States shall ensure that the regulatory authority has the competence to: (a) request the transmission system operator to execute its investment obligations using its financial capacities; or (b) invite independent investors to tender for a necessary investment in a transmission system, possibly requiring the transmission system operator to agree to: - third-party financing; - a third party building a new asset; - a third party operating a new asset; and/or - a capital increase to finance the necessary investments and allow independent investors to participate in the capital. The relevant financial arrangements shall be subject to the approval of the regulatory authority. Whether the transmission system operator or a third party makes a specific investment, tariff regulation shall allow for revenue that covers the costs of such investment. 1f. The national regulatory authority shall monitor and evaluate the implementation of the investment plan. 1g. Transmission system operators shall be required to establish and publish transparent and efficient procedures for non-discriminatory connection new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities. 1h. Transmission system operators shall not be entitled to refuse the connection of new power plants on the grounds of possible future limitations to available network capacities, such as congestion in distant parts of the transmission grid. Transmission system operators shall be required to supply necessary information. Transmission system operators shall not be entitled to refuse a new connection point on the sole ground that it will lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point."
2008/03/11
Committee: ECON
Amendment 59 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/54/EC
Article 10 b (new)
Article 10b Effective und efficient corporate unbundling of transmission systems Assets, plant, staff, and identity 1. Transmission system operators shall be equipped with all the human, material, and financial resources of the vertically integrated company necessary in order to carry on the proper business of electricity transmission. The following in particular shall be ensured: (i) All assets necessary for the proper business of electricity transmission shall be owned by the transmission system operator. (ii) All staff necessary for the proper business of electricity transmission shall be employed directly by the transmission system operator. (iii) Sufficient funds for future investment projects shall remain available as provided for in the annual financial planning. The fields of activity covered by points (i) to (iii) shall encompass at least • representation of transmission system operators and contacts with third parties and regulatory authorities • guaranteeing and regulating third party access, in particular for new market entrants from the renewable energy sector • collection of access charges, revenue from congestion management, and payments under the inter-transmission system operator compensation mechanism in accordance with Article 3 of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity*, • operation, maintenance, and development of the transmission grid • investment planning to guarantee the long-term ability of the grid to meet commensurate demand and ensure security of supply • legal advice and representation • accounting and IT services 2. No staff or services may be provided to any branch of the vertically integrated company performing the functions of generation or supply. 3. The transmission system operator may not carry on any businesses or activities other than transmission likely to be incompatible with its tasks, including ownership of shares or interests in a company belonging to, or a part of, the vertically integrated company or in any other electricity or gas undertaking. Exceptions to the above shall require the prior consent of the national regulatory authority and shall be confined to ownership of shares and interests in other network companies. 4. The transmission system operator shall have its own corporate identity, which shall be clearly distinct from the vertically integrated company, with separate branding, communication, and business premises. 5. The transmission system operator may not supply the vertically integrated company with any sensitive information or information constituting a competitive advantage unless it has shared that information with all market participants, on an equal footing and without discrimination. The types of information covered by this provision shall be determined by the transmission system operator together with the national regulatory authority. 6. The account books of transmission system operators shall be inspected by an auditor other than the one who inspects the vertically integrated company and all of its affiliated companies. Independence of the management, the chief executive, or the board of executive directors of the transmission system operator 7. Decisions concerning the appointment or any early termination of the employment of the chief executive or of members of the board of executive directors of the transmission system operator and the contractual agreements to that effect for the purposes of employment or termination thereof shall be notified to the national regulatory authority. Such decisions and agreements shall not be binding unless the regulatory body has refrained from exercising its right to object in the three weeks following the notification. The regulatory authority may object to appointments and contractual agreements to that effect if serious doubts arise as to the professional independence of the chief executive appointed, or of the member of the board of executive directors, or, where employment and the contractual agreements to that effect have been terminated before the scheduled date, there are serious doubts about the justification for that measure. 8. The chief executive, and members of the board of executive directors, of the transmission system operator shall be allowed an effective right to appeal to the regulatory authority or a court if their employment has been terminated before he scheduled date. 9. The regulatory authority must rule on any appeal within six months. That time limit may not be exceeded without factual justification. 10. For no less than three years after they have ceased to be employed with the transmission system operator, the chief executive concerned, or the members of the board of executive directors, may not work in any establishment of the vertically integrated company performing the functions of generation or supply. 11. The chief executive and members of the board of executive directors shall not hold any shares in, or receive any form of payment from, any undertaking belonging to the vertically integrated company apart from the transmission system operator. No portion of the salary paid to the chief executive or members of the board of executive directors shall depend on fields of activity in which the vertically integrated company operates, apart from those of the transmission system operator. 12. The chief executive or members of the board of executive directors shall not be empowered to assume direct or indirect responsibility in the routine operations of any other establishment of the vertically integrated company. 13. Notwithstanding the above provisions, the transmission system operator, independent from the integrated electricity undertaking, shall have full decision-making powers regarding the assets necessary for the operation, maintenance, and development of the grid. The foregoing shall apply without prejudice to appropriate coordination procedures enabling the parent company to lay down general limits on the amount of debt that its subsidiary may incur. The parent company may not give any instructions exceeding the scope of the approved budget or any equivalent arrangement as regards routine operations or individual decisions to construct or modernise transmission lines. Supervisory board/Administrative board 14. The chairman of the supervisory board/administrative board of the transmission system operator and board members shall not be entitled to work in any establishment of the vertically integrated company. Furthermore, they may not serve on the supervisory board/administrative board of any branch or subsidiary of the vertically integrated company. 15. Members of the supervisory board/administrative board shall be independent and appointed for a term of at least five years. Their appointment shall be notified to the regulatory authority and shall take effect only under the conditions set out in paragraph 7. 16. For the purposes of paragraph 15, a member of the supervisory board/administrative board shall be deemed to be independent if he/she does not stand in any business or other relationship to the vertically integrated company or its majority shareholders or the board of executive directors of the vertically integrated company or its majority shareholders of a nature likely to influence his/her power of judgement. The following conditions in particular must be satisfied: (a) within the five years preceding his/her appointment to the supervisory board/administrative board he/she must not have been employed in an establishment of the vertically integrated company performing the functions of generation and supply; (b) he/she must not hold any shares in or receive any form of payment from the vertically integrated company or any of its affiliates apart from the transmission system operator; (c) while serving on the supervisory board/administrative board he/she must not stand in any relevant business relationship to any establishment of the vertically integrated company performing energy supply functions; (d) he/she must not serve on the board of executive directors of an undertaking in which the vertically integrated company appoints members of the supervisory board/administrative board. Compliance (unbundling) officer 17. Member States shall ensure that transmission system operators draw up a compliance programme laying down measures serving to rule out discriminatory conduct. The programme shall set out the specific obligations of employees to attain that objective. It shall be subject to approval of the regulatory authority. Compliance with the programme shall be independently monitored by the compliance officer. The regulatory authority shall have the power to impose sanctions if the compliance programme is not properly implemented. 18. The chief executive or board of executive directors of the transmission system operator shall appoint a person or body to be a compliance officer responsible for (i) monitoring implementation of the compliance programme; (ii) drawing up a detailed annual report, the criteria for which shall be laid down by the regulatory authority in agreement with the European Agency for the Cooperation of Energy Regulators; laying down the measures to implement the compliance programme and submitting the report to the regulatory authority; (iii) issuing recommendations on the compliance programme and its implementation. 19. The independence of the compliance officer shall be guaranteed in particular by the terms of his employment contract. 20. The compliance officer shall have the opportunity to regularly approach the supervisory boards/administrative boards of the transmission system operator and the vertically integrated company, and the regulatory authorities. 21. The compliance officer shall attend all meetings of the supervisory board/administrative board of the transmission system operator given over to the following areas: (i) grid access and connection conditions, including collection of access charges, revenue from congestion management, and payments under the inter- transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (ii) projects undertaken in order to operate, maintain, and develop the transmission system, including investment in interconnection infrastructure and connections; (iii) balancing rules, including reserve power rules; (iv) energy purchases to cover energy losses. 22. At those meetings, the compliance officer shall prevent information about generator or supplier activities that might prove economically advantageous from being disclosed in a discriminatory manner to the supervisory board/administrative board. 23. The compliance officer shall be given access to all relevant books, records, and offices of the transmission system operator, as well as to all the information required for the proper performance of his duties. 24. The compliance officer shall be appointed or dismissed by the chief executive/ board of executive directors only after prior approval by the regulatory authority. 25. The compliance officer may not have any form of business dealings with the vertically integrated company for at least five years after the termination of his appointment. 26. Transmission system operators shall draw up a 10-year network development plan at least every two years. They shall provide for efficient measures in order to guarantee that the grid will be adequate and ensure security of supply. 27. The 10-year network development plan shall in particular (a) draw the attention of market participants to the main transmission infrastructure to be built in the next ten years, (b) cover all investment already decided upon and identify new investment for which an implementation decision has to be taken in the next three years. 28. In order to draw up this 10-year network development plan, each transmission system operator shall make reasonable assumptions as to the trend in generation, consumption, and exchanges with other countries, and shall take into account regional and Europe-wide investment plans for the existing network. The transmission system operator shall submit the draft in due time to the national regulatory authority. 29. The regulatory authority shall consult all relevant network users on the basis of a draft text of the 10-year network development plan in an open and transparent manner and may publish the outcome of the consultation procedure, in particular the possible investment needs. 30. The regulatory authority shall examine whether the 10-year network development plan fully covers the investment needs identified in the consultations. The authority may oblige the transmission system operator to alter its plan. 31. If the transmission system operator refuses to implement a specific investment listed in the 10-year network development plan to be undertaken in the next three years, the Member State concerned shall ensure that the regulatory authority has the necessary powers to implement one of the following measures: (a) oblige the transmission system operator, by all legal means, to fulfil its investment obligations using its own financial resources, or (b) invite independent investors to tender for the necessary investment in a transmission system and, in so doing, oblige the transmission system operator - to agree to financing by any third party, - to agree to construction works by any third party or build the necessary new assets, - to agree to operate the new assets, - to accept a capital increase, in order to finance the necessary investments, and allow independent investors to acquire shares of that capital. The relevant financial arrangements shall be subject to the approval of the regulatory authority. In both cases, tariff regulation shall be such as to enable revenue to cover the investment costs. 32. The regulatory authority shall monitor and assess the implementation of the investment plan. 33. Transmission system operators shall be obliged to devise and publish transparent and efficient procedures for non-discriminatory connection of new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities. 34. Transmission system operators shall not be entitled to refuse the connection of a new power plant on account of possible future limitations to available network capacities, e.g. congestion in remote parts of the transmission grid. The transmission system operator shall be obliged to supply the necessary information. 35. Transmission system operators shall not be entitled to refuse a new connection point solely on the grounds that the new connection would entail additional costs because of the need to increase the capacity of grid elements within close range of the new connection point. Regional cooperation 36. If Member States opt to pursue regional cooperation, they must impose specific obligations on the transmission system operator, to be reflected in a clearly defined time-frame. Those obligations must, in addition, serve gradually to establish a common regional dispatching centre, which shall assume responsibility for security matters no later than six years after the entry into force of this Directive. 37. Where several Member States cooperate at regional level, they shall designate a regional coordinator in agreement with the Commission. 38. The regional coordinator shall promote cooperation at regional level among regulatory authorities and any other appropriate authorities, network operators, power exchanges, network users, and market participants. In particular he shall be called upon to (a) promote efficient new investment in interconnection infrastructure. To that end he shall help transmission system operators to draw up their regional interconnection infrastructure plans and assist in the coordination of their investment decisions and, where applicable, their open season procedure; (b) encourage efficient and safe use of the grid. To that end he shall help transmission system operators, national regulatory authorities, and other national authorities concerned to coordinate their activities by devising joint allocation procedures and safeguards; (c) report every year to the Commission and the Member States concerned on the progress achieved in the region and on such difficulties or obstacles as might impede progress. Sanctions 39. To enable them to fulfil the obligations imposed on it by this Article, the national regulatory authority shall be accorded the following rights: (i) the right to demand any information from the transmission system operator and to approach all of the operator’s staff directly; in case of doubt this right shall likewise be enforceable in relation to the vertically integrated company and its establishments; (ii) the right to conduct all necessary investigations concerning the transmission system operator and, in case of doubt, the vertically integrated company and its establishments; the provisions applicable shall be those set out in Article 20 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty **. 40. To enable it to fulfil its obligations within the meaning of this Article, the national regulatory authority shall be given the right to impose effective, appropriate, and dissuasive sanctions on a transmission system operator and/or a vertically integrated company should they fail to comply with their obligations under this Article or with decisions of the national regulatory authority. This right shall comprise (i) the right to impose effective, appropriate, and dissuasive fines, the amount of which shall be determined according to the turnover of the transmission system operator; (ii) the right to issue orders to refrain from discriminatory conduct; (iii) the right to withdraw the licence of the transmission system operator, at least partially, if the operator repeatedly infringes the unbundling rules laid down in this Article. __________ * OJ L 176, 15.7.2003, p. 1. Last amended by Commission Decision 2006/770/EC of 9 November 2006 (OJ L 312, 11.11.2006, p. 59). ** OJ L 1, 4.1.2003, p. 1. Last amended by Regulation (EC) No 1419/2006 of 25 September 2006.
2008/03/11
Committee: ECON
Amendment 64 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 10
Directive 2003/54/EC
Article 15 – paragraph 4
4. The Commission may adopt guidelines or procedural requirements to ensure full and effective compliance of the distribution system operator with paragraph 2 as regards the full independence of the distribution system operator, the absence of discriminatory behaviour, and that supply activities of the vertically integrated undertaking cannot take unfair advantage of its vertical integration. This measure designed to amend non-essential elements of this Directive by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27b(3).”.
2008/03/11
Committee: ECON
Amendment 65 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (m)
(m) ensuring accesthat all market participants have efficient access on equal terms to customer consumption data, the application of a harmonised format for consumption data and the access to data under paragraph (h) of Annex A;
2008/03/11
Committee: ECON
Amendment 66 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 3 – point (b)
(b) to carry out in cooperation with the national competition authority investigations of the functioning of electricity markets, and, taking into account the respective powers and responsibilities of the two authorities, to decide, in the absence of violations of competition rules, ofn any appropriate measures necessary and appropriate proportionate measures to promote effective competition and ensure the proper functioning of the market, including virtual power plants;.
2008/03/11
Committee: ECON
Amendment 71 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 4 – point (a)
(a) connection and access to national networks, including transmission and distribution tariffs and the methods of calculating them. These tariffs shall allow the necessary investments in the networks to be carried out in a manner allowing these investments to ensure the viability of the networks;
2008/03/11
Committee: ECON
Amendment 72 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 13
13. Member States shall ensure that suitable mechanisms exist at national level under which a party affected by a decision of the national regulatory authority has a right of appeal to a body independent of the parties involvnational judicial body or other national authorities independent of the parties involved and the Government of the Member State concerned.
2008/03/11
Committee: ECON
Amendment 80 #

2007/0195(COD)

Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
2a. The Commission shall report annually to the European Parliament and the Council on the progress of the practical and formal transposition of this Directive in the individual Member States.
2008/03/11
Committee: ECON
Amendment 113 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 10 a (new)
(10a) Complying with the regulations on an effective and efficient legal unbundling and provided that the network undertaking performs all the functions of the network operator and a detailed regulation and extensive regulatory control mechanism are put in place, vertical integrated undertakings may remain the owner of their network assets and ensure an effective separation of interests at the same time.
2008/03/17
Committee: ITRE
Amendment 122 #

2007/0195(COD)

Proposal for a directive – amending act
Recital 11
(11) Where the undertaking owning a transmission system is part of a vertically integrated undertaking, Member States should therefore be given a choice between ownership unbundling and, as a derogation, setting up system operators which are independent from supply and generation interests and effective and efficient legal unbundling of transmission system operators. The full effectiveness of the independent system operator solution needs to be assured by way of specific additional rules. To preserve fully the interests of the shareholders of vertically integrated companies, Member States should have the choice of implementing ownership unbundling either by direct divestiture or by splitting the shares of the integrated company into shares of the network company and shares of the remaining supply and generation business, provided that the requirements resulting from ownership unbundling are complied with.
2008/03/17
Committee: ITRE
Amendment 160 #

2007/0195(COD)


Recital 24 a (new)
(24a) In applying the provisions of this Directive, the national regulatory authorities should pay due attention to the specific circumstances of small and medium-sized energy suppliers, particularly from an administrative and economic viewpoint.
2009/03/11
Committee: ITRE
Amendment 175 #

2007/0195(COD)


Article 20 – paragraph 3 – subparagraph 1
(3) The first subparagraph of Article 19(2), the first subparagraph of Article 19(3) and Article 19(4) to (7) shall apply to at least half of the members of the Supervisory Body minus one1. 1 The Supervisory Body members representing other interested parties such as employees of the transmission system operator in accordance with paragraph 2 of this Article shall not belong either to the body of members representing the vertically integrated undertaking or to the body of supervisory body members subject to the requirements of the first subparagraph of Article 19(2), the first subparagraph of Article 19(3) and Article 19(4) to (7).
2009/03/11
Committee: ITRE
Amendment 177 #

2007/0195(COD)


Article 34 – paragraph 5 a (new)
(5a) Paragraphs 4 and 5 shall be without prejudice to the constitutional requirements of the Member State's administrative organisation.
2009/03/11
Committee: ITRE
Amendment 226 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 1 – introductory part
1. In order to ensure the independence of transmission system operators, Member States shall ensure that as from [date of transposition plus one year] vertically integrated undertakings have to comply either with the following points (a) to (d) or with Article 10 or with the provisions of Article 10b:
2008/04/11
Committee: ITRE
Amendment 303 #

2007/0195(COD)

Proposal for a directive – amending act
Article 1 – point 8 a (new)
Directive 2003/54/EC
Article 10 b (new)
(8a) The following Article shall be inserted: "Article 10b Effective and efficient legal unbundling of transmission systems I. Assets, equipment, staff and identity 1. Transmission system operators shall be equipped with all human, physical and financial resources of the vertically integrated undertaking necessary for the regular business of electricity transmission, in particular: (i) transmission system operator shall own assets that are necessary for the regular business of electricity transmission; (ii) transmission system operator shall employ personnel necessary for the regular business of electricity transmission; (iii) appropriate financial resources for future investment projects shall be available in the annual financial plan. The activities deemed necessary for the regular business of electricity transmission mentioned in previous subparagraph shall at least include: - representation of the transmission system operator and contacts with third parties and national regulatory authorities, - granting and managing third party access to the grid, especially the access for new market operators and producers of renewable energies, - collection of the access charges, congestion rents and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003, - operation, maintenance and development of the transmission system, - investment planning ensuring the long- term ability of the system to meet reasonable demand and guaranteeing security of supply, - legal services, - accountancy and IT services. 2. Leasing of personnel and rendering of services, from and to any branch of the vertically integrated undertaking performing functions of generation or supply, shall be prohibited. 3. The transmission system operator shall not engage in any business or activity outside transmission which could be in conflict with its tasks, including the holding of shares or interests in any undertaking or part of the vertically integrated company or in any other electricity and gas company. Exceptions require the prior consent of the national regulatory authority and shall be restricted to shares and interests in other network businesses. 4. The transmission system operator shall have its own legal identity, significantly different from the vertically integrated undertaking with separate branding, communication and premises. 5. The transmission system operator shall not share any commercially advantageous and sensitive information with any undertaking of the vertically integrated undertaking unless it does so with all market participants in a non- discriminatory way. The transmission system operator shall in cooperation with the national regulatory authority define this information. 6. Transmission system operators´ accounts shall be audited by another auditor than the one auditing the vertically integrated undertaking and all its affiliated companies. II. Independence of the transmission system operator management, chief executive officer / executive board 7. Decisions on the appointment and on any early termination of the employment of the chief executive officer / members of the executive board of the transmission system operator and the conclusion or early termination of the respective employment agreements with these persons shall be notified to the national regulatory authority. These decisions and agreements may become binding only if, within a period of 3 weeks after notification, the national regulatory authority has not used its right of veto. A veto may be issued in cases of appointment and conclusion of respective agreements if serious doubts arise as to the professional independence of the nominated chief executive officer / member of the executive board; in the case of early termination of employment and of respective agreements of the chief executive officer / member of the executive board, the veto may be used if serious doubts exist regarding the basis and justification of such termination. 8. Right of appeal to the national regulatory authority or to a court shall be guaranteed to the chief executive officer / member of the executive board of the transmission system operator in the case of early terminations of their employment. 9. The national regulatory authority shall decide on the appeal within six months. Exceptions shall be justified. 10. After termination of employment in the transmission system operator, former chief executive officers / members of the executive board shall not participate in any branch of the vertically integrated undertaking performing functions of generation or supply for a period of not less than 3 years. 11. The chief executive officer / members of the executive board shall not hold any interest in or receive any compensation from any undertaking of the vertically integrated company other than the transmission system operator. His/their remuneration shall in no part depend on activities of the vertically integrated undertaking other than those of the transmission system operator. 12. The chief executive officer or the members of the executive board of the transmission system operator may not bear responsibility, directly or indirectly, for the day-to-day operation of any other branch of the vertically integrated undertaking. 13. Without prejudice to the provisions above, the transmission system operator shall have all effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network. This should not prevent the existence of appropriate coordination mechanisms to ensure that the parent company is able to set global limits on the levels of indebtedness of its subsidiary. It shall not permit the parent company to give instructions regarding day-to-day operations, nor with respect to individual decisions concerning the construction or upgrading of transmission lines, that do not exceed the terms of the approved financial plan, or any equivalent instrument. III. Supervisory board / Board of directors 14. The chairman of the supervisory board/board of directors of the transmission system operator and all of its members shall not participate in any branch of the vertically integrated undertaking. They shall also not be members of the supervisory board/board of directors of any undertaking of the vertically integrated company. 15. The supervisory boards / boards of directors of transmission system operators shall include also independent members, appointed for a term of at least 5 years. Their appointment shall be notified to the regulatory authority and become binding under the conditions described in paragraph 6. 16. For the purpose of paragraph 15, a member of the supervisory board / board of directors of a transmission system operator shall be deemed independent if he is free of any business, or other relationship with the vertically integrated undertaking, its controlling shareholders or the management of either, that creates a conflict of interest, in particular: (a) has not been an employee of any branch of the vertically integrated undertaking performing functions of generation and supply in five years prior to their appointment as supervisory board / board of directors member; (b) does not hold any interest in and does not receive any compensation from the vertically integrated undertaking or any of its affiliates except the transmission system operator; (c) does not hold any relevant business relationship with any branch of the vertically integrated company performing functions of energy supply during his/her appointment as supervisory board / board of directors member; (d) is not a member of the executive board of a company in which the vertically integrated undertaking appoints members of the supervisory board /board of directors. IV. Compliance officer 17. Member States shall ensure that transmission system operators establish and implement a compliance programme which sets out measures to be taken to ensure that discriminatory conduct is excluded. The programme shall also set out the specific obligations of employees of the transmission system operator to meet this objective. It shall be subject to approval of the national regulatory authority. Compliance of the program shall be independently monitored by the compliance officer. The national regulatory authority shall have the power to impose sanctions in case of inappropriate implementation of the compliance program by the transmission system operator. 18. The chief executive officer/ executive board of the transmission system operator shall appoint a person or a body in a function of a compliance officer who shall be responsible for: (i) monitoring the implementation of the compliance programme; (ii) elaborating an detailed annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the national regulatory authority; definition of measures for the implementation of the compliance program and presentation of the report to the regulatory authority; (iii) issuing recommendations on the compliance programme and its implementation. 19. The independence of the compliance officer shall be guaranteed in particular by the terms of his/her employment contract. 20. The compliance officer shall have the opportunity to regularly address the supervisory board/board of directors of the transmission system operator and of the vertically integrated undertaking and the national regulatory authorities. 21. The compliance officer shall participate at all meetings of the supervisory board / board of directors of the transmission system operator that address the following issues: (i) conditions for access and connection to the grid, including the collection of access charges, congestion rents, and payments under the inter transmission system operator compensation mechanism in compliance with Article 3 of Regulation (EC) No 1228/2003; (ii) projects undertaken in order to operate, maintain and develop the transmission grid system, including interconnection and connection investments; (iii) balancing rules, including reserve power rules; (iv) energy purchases in order to cover energy losses. 22. During these meetings, the compliance officer shall prevent information about generation or supply activities which may be commercially advantageous from being disclosed in a discriminatory manner to the supervisory board/board of directors. 23. The compliance officer shall have access to all relevant books, records and offices of the transmission system operator and to all the necessary information for the fulfilment of his/her tasks. 24. The compliance officer shall be nominated and removed by the chief executive officer / executive board only after prior approval by the national regulatory authority. 25. Following revocation of his/her mandate, the compliance officer should be barred from having business relations with the vertical integrated undertaking for a period of not less than five years. V. Grid development and powers to make investment decisions 26. Transmission system operators shall elaborate a 10-year network development plan at least every two years. They shall provide efficient measures in order to guarantee system adequacy and security of supply. 27. The 10-year network development plan shall in particular: (a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years, (b) contain all the investments already decided and identify new investments for which an implementation decision has to be taken in the next three years. 28. In order to draw up this 10-year network development plan, each transmission system operator shall make reasonable hypothesis about the evolution of generation, consumption and exchanges with other countries, and take into account regional and European-wide existing network investment plans. Transmission system operator shall submit in due time the draft of this plan to the national regulatory authority. 29. The national regulatory authority shall consult all relevant network users on the basis of a draft for the 10-year network development plan in an open and transparent manner and may publish the result of the consultation process, in particular possible needs for investments. 30. The regulatory authority shall examine whether the draft 10-year network development plan covers all investment needs identified in the consultation. This authority may oblige the transmission system operator to amend its draft. 31. If the transmission system operator rejects to implement a specific investment listed in the 10-year network development plan to be executed in the next three years, Members States shall ensure that the national regulatory authority has the competence to take one of the following measures: (a) request by all legal means the transmission system operator to execute its investment obligations using its financial capacities, or (b) invite independent investors to participate in a tender for a necessary investment in a transmission system and at the same time may oblige the transmission system operator: - to agree to financing by any third party, - to agree to building by any third party or to build the respective new assets, - to operate the respective new asset and - to oblige transmission system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital. The relevant financial arrangements shall be subject to the approval of the national regulatory authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 32. The national regulatory authority shall monitor and evaluate the implementation of the investment plan. VI. Decision-making powers regarding the connection of new power plants to the transmission grid 33. Transmission system operators shall be obliged to establish and publish transparent and efficient procedures for non-discriminatory connection of new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities. 34. Transmission system operators shall not be entitled to refuse the connection of a new power plant on the grounds of possible future limitations to available network capacities, e.g. congestion in distant parts of the transmission grid. The transmission system operators shall be obliged to supply necessary information. 35. Transmission system operators shall not be entitled to refuse a new connection point on the sole ground that it will lead to additional costs linked with necessary capacity increase of grid elements in the close-up range to the connection point. VII. Regional cooperation 36. Member States choosing this path must place precise obligations on transmission system operators within a clearly defined time frame and progressively leading to the creation of a common regional dispatching centre responsible for security issues within six years after the entry into force of this Directive. 37. In case of a cooperation between several Member States at a regional level and following the joint request of these Member States, the Commission may designate a regional coordinator. 38. The regional coordinator shall promote, at a regional level, the cooperation of regulatory authorities and any other competent public authorities, network operators, power exchanges, grid users and market parties. In particular, the regional coordinator shall: (a) promote new efficient investments in interconnections. To this end, the regional coordinator shall assist transmission system operators by elaborating their regional interconnection plan and shall contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, the regional coordinator shall contribute to the coordination between transmission system operators, national regulatory authorities and other competent national public authorities with the elaboration of common allocation and common safeguard mechanisms; (c) annually submit a report to the Commission and Member States concerned on the progress achieved in the region and on any difficulty or obstacle that may hinder the progress. VIII. Sanctions 39. In order to carry out the duties assigned to it by this Article, the national regulatory authority: (i) shall have the right to request any information from the transmission system operator and to directly contact all staff of the transmission system operators; if doubts remain, the same rights shall apply for the vertically integrated undertaking and its subsidiaries; (ii) may conduct all necessary inspections of the transmission system operators and, if doubts remain, of the vertically integrated undertaking and its subsidiaries; the rules of Article 20 of Council Regulation (EC) No 1/2003 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty shall apply. 40. In order to carry out its duties assigned to it by this Article, the national regulatory authority shall have the power to impose effective, appropriate and dissuasive sanctions to the transmission system operator and/or the vertically integrated undertaking not complying with its obligations under this Article or any decisions of the national regulatory authority. This power shall include the right to: (i) impose effective, appropriate and dissuasive fines related to the turnover of the network company; (ii) issue orders to remedy a discriminatory behaviour; (iii) withdraw, at least partly, the licence of the transmission system operator in case of repeated breach of the unbundling provisions set out in this Article."
2008/04/11
Committee: ITRE
Amendment 574 #

2007/0195(COD)

Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
2a. The Commission shall report to the European Parliament and the Council annually on the formal and practical implementation of this Directive in each Member State."
2008/03/19
Committee: ITRE
Amendment 575 #

2007/0195(COD)

Proposal for a directive – amending act
Article 2 – paragraph 2 b (new)
2b. On the basis of public consultations and of discussions with the competent authorities and after having received an opinion by the Agency for the Cooperation of Energy Regulators, and six years following the entry into force of this Directive, the Commission shall report to the European Parliament and the Council on the desirability of maintaining or amending this Directive. The several versions of restructuring electricity companies laid down in Articles 8a to 8d, 10 and 10b of Directive 2003/54/EC shall be verified in particular in terms of the effectiveness of their impact on network access and the necessary investments.
2008/03/19
Committee: ITRE
Amendment 273 #

2007/0143(COD)

Proposal for a directive
Article 90
In so far as authorised under national law, realisaccumulated profits appearing as surplus funds in the statutory annual accountsnot yet distributed to policy-holders and beneficiaries (surplus funds) shall not be considered as insurance and reinsurance liabilities, to the extent that these surplus funds may be used to cover any losses which may arise and where they have not been made available for distribution to policyholders and beneficiarieseet the criteria set out in Article 94(1).
2008/06/30
Committee: ECON
Amendment 403 #

2007/0143(COD)

Proposal for a directive
Article 127 – paragraph 1 – point a
(a) it shall be calculated in a clear and simple manner, and in such a way as to ensure that the calculation can be audited; and verified before a court;
2008/06/30
Committee: ECON
Amendment 411 #

2007/0143(COD)

Proposal for a directive
Article 127 – paragraph 1 – point c
(c) the level of the Minimum Capital Requirement shall be calibrated to the Value- at-Risk of the basic own funds of an insurance or reinsurance undertaking subject to a confidence level in the range of 80% to 90 % over a one-year period;
2008/06/30
Committee: ECON
Amendment 423 #

2007/0143(COD)

Proposal for a directive
Article 127 – paragraph 1 – point d a (new)
(da) it shall be calculated independently of the Solvency Capital Requirement.
2008/06/30
Committee: ECON
Amendment 642 #

2007/0143(COD)

Proposal for a directive
Article 237 – paragraph 2
2. The group support shall take the form of a declaration to the group supervisor, expressed in a legally binding document and constituting a commitment to transfer own funds eligible under Article 98(5), with the exception of reserves for the restitution of premiums, which shall fall under Article 90.
2008/06/30
Committee: ECON