412 Amendments of Bernhard RAPKAY
Amendment 26 #
2013/0185(COD)
Proposal for a directive
Recital 4 a (new)
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.
Amendment 45 #
2013/0089(COD)
Proposal for a directive
Recital 19
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.
Amendment 46 #
2013/0089(COD)
Proposal for a directive
Recital 19 a (new)
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.
Amendment 49 #
2013/0089(COD)
Proposal for a directive
Recital 22
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.
Amendment 55 #
2013/0089(COD)
Proposal for a directive
Recital 25 a (new)
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.
Amendment 63 #
2013/0089(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
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:
Amendment 74 #
2013/0089(COD)
Proposal for a directive
Article 10 – paragraph 2 – point a
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;
Amendment 83 #
2013/0089(COD)
Proposal for a directive
Article 10 – paragraph 5
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.
Amendment 87 #
2013/0089(COD)
Proposal for a directive
Article 14 – paragraph 3 a (new)
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.
Amendment 77 #
2013/0088(COD)
Proposal for a regulation
Recital 15
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.
Amendment 78 #
2013/0088(COD)
Proposal for a regulation
Recital 15 a (new)
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;
Amendment 82 #
2013/0088(COD)
Proposal for a regulation
Recital 18
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.
Amendment 87 #
2013/0088(COD)
Proposal for a regulation
Recital 21 a (new)
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.
Amendment 93 #
2013/0088(COD)
Proposal for a regulation
Recital 40
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.
Amendment 97 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 207/2009
Article 4 – introductory part
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
Amendment 107 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 2 – point a
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;
Amendment 119 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 5
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.
Amendment 124 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 207/2009
Article 12 – paragraph 2 a (new)
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
Amendment 161 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 98
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123b – paragraph 1 – point d a (new)
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.
Amendment 162 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 98
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123b – paragraph 3
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.
Amendment 165 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 98
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123 c – paragraph 2
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.
Amendment 168 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 98
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123 c – paragraph 3
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.
Amendment 177 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 106
Article 1 – paragraph 1 – point 106
Regulation (EC) No 207/2009
Article 136 a (new)
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.
Amendment 189 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 125
Article 1 – paragraph 1 – point 125
Regulation (EC) No 207/2009
Article 163 – paragraph 5
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.';
Amendment 1 #
2012/2323(INI)
Motion for a resolution
Recital A
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;
Amendment 9 #
2012/2323(INI)
Motion for a resolution
Paragraph 1 – indent 6 a (new)
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.
Amendment 13 #
2012/2323(INI)
Motion for a resolution
Paragraph 1 – indent 12
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.
Amendment 18 #
2012/2323(INI)
Motion for a resolution
Paragraph 1 – indent 15
Paragraph 1 – indent 15
Amendment 21 #
2012/2323(INI)
Motion for a resolution
Paragraph 2 a (new)
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;
Amendment 24 #
2012/2323(INI)
Motion for a resolution
Paragraph 4 b (new)
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;
Amendment 25 #
2012/2323(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 27 #
2012/2323(INI)
Motion for a resolution
Paragraph 5 a (new)
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;
Amendment 198 #
2012/0180(COD)
Proposal for a directive
Recital 35
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.
Amendment 208 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 1
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.
Amendment 221 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 2 a (new)
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.
Amendment 508 #
2012/0180(COD)
Proposal for a directive
Article 33 – paragraph 1
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.
Amendment 6 #
2011/2089(INI)
Motion for a resolution
Recital B a (new)
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,
Amendment 7 #
2011/2089(INI)
Motion for a resolution
Recital B b (new)
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,
Amendment 8 #
2011/2089(INI)
Motion for a resolution
Recital C
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,
Amendment 10 #
2011/2089(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the efforts made by the US Supreme Court to limit frivolous litigation and the abuse of the US class action system∗3, 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;
Amendment 12 #
2011/2089(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 13 #
2011/2089(INI)
Motion for a resolution
Paragraph 3 a (new)
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;
Amendment 14 #
2011/2089(INI)
Motion for a resolution
Paragraph 3 b (new)
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;
Amendment 16 #
2011/2089(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 19 #
2011/2089(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 20 #
2011/2089(INI)
Motion for a resolution
Paragraph 6
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 Cooperation∗4, as well as Directive 2009/22/EC on injunctions for the protection of consumer interests∗5, can be significantly improved so as to foster cooperation and injunctive relief in cross- border situations;
Amendment 22 #
2011/2089(INI)
Motion for a resolution
Paragraph 7
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;
Amendment 28 #
2011/2089(INI)
Motion for a resolution
Paragraph 8
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;
Amendment 30 #
2011/2089(INI)
Motion for a resolution
Paragraph 8 a (new)
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;
Amendment 36 #
2011/2089(INI)
Motion for a resolution
Paragraph 9
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;
Amendment 40 #
2011/2089(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 45 #
2011/2089(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 49 #
2011/2089(INI)
Motion for a resolution
Paragraph 12 – indent 1 (new)
Paragraph 12 – indent 1 (new)
– the judge should maintain discretionary powers on the admissibility of collective damage claims;
Amendment 50 #
2011/2089(INI)
Motion for a resolution
Paragraph 12 – indent 1
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’);
Amendment 60 #
2011/2089(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 61 #
2011/2089(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 66 #
2011/2089(INI)
Motion for a resolution
Paragraph 15 a (new)
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;
Amendment 9 #
2011/2013(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 11 #
2011/2013(INI)
Motion for a resolution
Recital E
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,
Amendment 14 #
2011/2013(INI)
Motion for a resolution
Recital E a (new)
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;
Amendment 18 #
2011/2013(INI)
Motion for a resolution
Recital F
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;
Amendment 19 #
2011/2013(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 20 #
2011/2013(INI)
Motion for a resolution
Recital F b (new)
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);
Amendment 22 #
2011/2013(INI)
Motion for a resolution
Recital G
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;
Amendment 31 #
2011/2013(INI)
Motion for a resolution
Recital H
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;
Amendment 33 #
2011/2013(INI)
Motion for a resolution
Paragraph 1
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;
Amendment 36 #
2011/2013(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 44 #
2011/2013(INI)
Motion for a resolution
Paragraph 2 a (new)
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;
Amendment 63 #
2011/2013(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 66 #
2011/2013(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to clarify the advantages of such an instrument for both consumers and businesses;
Amendment 67 #
2011/2013(INI)
Motion for a resolution
Paragraph 5 b (new)
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;
Amendment 68 #
2011/2013(INI)
Motion for a resolution
Paragraph 5 c (new)
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;
Amendment 75 #
2011/2013(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 83 #
2011/2013(INI)
Motion for a resolution
Paragraph 7
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;
Amendment 94 #
2011/2013(INI)
Motion for a resolution
Paragraph 9 a (new)
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";
Amendment 98 #
2011/2013(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 101 #
2011/2013(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that the OI should be coherent with the existing acquis in contract law;
Amendment 103 #
2011/2013(INI)
Motion for a resolution
Paragraph 11
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;
Amendment 115 #
2011/2013(INI)
Motion for a resolution
Paragraph 13
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.
Amendment 121 #
2011/2013(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 125 #
2011/2013(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 80 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 6 – point b
Article 1 – point 6 – point b
Directive 2006/43/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 98 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 11 – point c
Article 1 – point 11 – point c
Directive 2006/43/EC
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 109 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2006/43/EC
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 118 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 14 – point b
Article 1 – point 14 – point b
Directive 2006/43/EC
Article 29 – paragraph 2
Article 29 – paragraph 2
Amendment 159 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 21 – point d
Article 1 – point 21 – point d
Directive 2006/43/EC
Article 45 – paragraph 6 – subparagraph 2
Article 45 – paragraph 6 – subparagraph 2
Amendment 160 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 22
Article 1 – point 22
Directive 2006/43/EC
Article 46 – paragraph 2 – subparagraph 2
Article 46 – paragraph 2 – subparagraph 2
Amendment 163 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 23 – point b
Article 1 – point 23 – point b
Directive 2006/43/EC
Article 47 – paragraph 3 – subparagraph 2
Article 47 – paragraph 3 – subparagraph 2
Amendment 164 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 23 – point c
Article 1 – point 23 – point c
Directive 2006/43/EC
Article 47 – paragraph 5
Article 47 – paragraph 5
Amendment 172 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 25
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.'.
Amendment 246 #
2011/0359(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
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.
Amendment 252 #
2011/0359(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
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.
Amendment 276 #
2011/0359(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
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.
Amendment 416 #
2011/0359(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point a
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;
Amendment 417 #
2011/0359(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point b
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;
Amendment 418 #
2011/0359(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point c
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;
Amendment 421 #
2011/0359(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1 – point e
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.
Amendment 459 #
2011/0359(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Additional report to the audit committeesupervisory or administrative body
Amendment 461 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
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.
Amendment 464 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 465 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 3
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.
Amendment 467 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 4
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.
Amendment 468 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 4
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.
Amendment 469 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
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:
Amendment 472 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point b
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;
Amendment 473 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point c
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;
Amendment 479 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point h
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;
Amendment 486 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 3
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.
Amendment 487 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 4
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.
Amendment 488 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
Amendment 491 #
2011/0359(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Oversight of the statutory audit by the audit committeesupervisory or administrative body
Amendment 494 #
2011/0359(COD)
Proposal for a regulation
Article 24 – paragraph 1
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.
Amendment 497 #
2011/0359(COD)
Proposal for a regulation
Article 24 – paragraph 2
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.
Amendment 499 #
2011/0359(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 518 #
2011/0359(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Amendment 519 #
2011/0359(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 a (new)
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.
Amendment 527 #
2011/0359(COD)
Proposal for a regulation
Article 31 – paragraph 5 – point f
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.
Amendment 530 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
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.
Amendment 531 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
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.
Amendment 556 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 7 a (new)
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.
Amendment 563 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2
Article 33 – paragraph 1 – subparagraph 2
Amendment 574 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 3
Article 33 – paragraph 1 – subparagraph 3
Amendment 586 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4
Article 33 – paragraph 1 – subparagraph 4
Amendment 596 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4 a (new)
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.
Amendment 598 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
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.
Amendment 605 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 2
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.
Amendment 1 #
2011/0093(COD)
Proposal for a regulation
Recital 7
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.
Amendment 2 #
2011/0093(COD)
Proposal for a regulation
Recital 9 a (new)
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.
Amendment 3 #
2011/0093(COD)
Proposal for a regulation
Recital 11 a (new)
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.
Amendment 4 #
2011/0093(COD)
Proposal for a regulation
Recital 15 a (new)
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.
Amendment 5 #
2011/0093(COD)
Proposal for a regulation
Recital 16
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.
Amendment 6 #
2011/0093(COD)
Proposal for a regulation
Recital 18
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.
Amendment 7 #
2011/0093(COD)
Proposal for a regulation
Recital 21 a (new)
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.
Amendment 8 #
2011/0093(COD)
Proposal for a regulation
Recital 21 b (new)
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.
Amendment 9 #
2011/0093(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1
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).
Amendment 10 #
2011/0093(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
Amendment 11 #
2011/0093(COD)
Proposal for a regulation
Article 4 – paragraph 2
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.
Amendment 12 #
2011/0093(COD)
Proposal for a regulation
Article 6 – point b
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;
Amendment 13 #
2011/0093(COD)
Proposal for a regulation
Article 7 – paragraph 1
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.
Amendment 14 #
2011/0093(COD)
Proposal for a regulation
Article 8 – point e
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;
Amendment 15 #
2011/0093(COD)
Proposal for a regulation
Article 8 – point f
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;
Amendment 16 #
2011/0093(COD)
Proposal for a regulation
Article 8 – point g
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;
Amendment 17 #
2011/0093(COD)
Proposal for a regulation
Article 9
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.
Amendment 18 #
2011/0093(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory wording
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:
Amendment 19 #
2011/0093(COD)
Proposal for a regulation
Article 10 – paragraph 3
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.
Amendment 20 #
2011/0093(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 21 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point e
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
Amendment 22 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point f a (new)
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;
Amendment 23 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – point f b (new)
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.
Amendment 24 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 25 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
Amendment 26 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 2
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.
Amendment 27 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 3
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.
Amendment 28 #
2011/0093(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory wording
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
Amendment 29 #
2011/0093(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory wording
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:
Amendment 30 #
2011/0093(COD)
Proposal for a regulation
Article 16 – paragraph 1
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).
Amendment 31 #
2011/0093(COD)
Proposal for a regulation
Article 21
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.
Amendment 32 #
2011/0093(COD)
Proposal for a regulation
Article 22 – paragraph 2
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.
Amendment 33 #
2011/0093(COD)
Proposal for a regulation
Article 22 – paragraph 4
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.
Amendment 26 #
2010/2080(INI)
Motion for a resolution
Paragraph 9a (new)
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;
Amendment 5 #
2010/2021(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 9 #
2010/2021(INI)
Motion for a resolution
Paragraph 3
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;
Amendment 15 #
2010/2021(INI)
Motion for a resolution
Paragraph 8
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;
Amendment 24 #
2010/2021(INI)
Motion for a resolution
Paragraph 11 a (new)
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;
Amendment 29 #
2010/2021(INI)
Motion for a resolution
Paragraph 16 a (new)
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;
Amendment 7 #
2010/0207(COD)
Proposal for a directive
Recital 26 a (new)
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.
Amendment 9 #
2010/0207(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
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:
Amendment 10 #
2010/0207(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
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.
Amendment 18 #
2010/0207(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1 – introductory part
Article 10 – paragraph 1 – subparagraph 1 – introductory part
Amendment 21 #
2010/0207(COD)
Proposal for a directive
Article 18 – paragraph 1
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.
Amendment 1 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 1
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.
Amendment 2 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 3
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.
Amendment 3 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 3 a (new)
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.
Amendment 4 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 4
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.
Amendment 5 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 5
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.
Amendment 6 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 6
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.
Amendment 7 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 7
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.
Amendment 8 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 7 a (new)
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.
Amendment 9 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 8
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.
Amendment 10 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 8 a (new)
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.
Amendment 11 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 8 b (new)
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.
Amendment 12 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 9
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.
Amendment 13 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 9 a (new)
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.
Amendment 14 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 9 b (new)
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.
Amendment 15 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 10
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.
Amendment 16 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 11
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.
Amendment 17 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 11 a (new)
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.
Amendment 18 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 12
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.
Amendment 19 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 13
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.
Amendment 20 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 19
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,
Amendment 21 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Staff Regulations of Officials of the European Communities
Article 1b – point a
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),';
Amendment 22 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 1
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.
Amendment 23 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 2
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".
Amendment 24 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 3 – subparagraph 1
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.
Amendment 25 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 96
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.
Amendment 26 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 97
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.
Amendment 27 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 1 – subparagraph 1
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.
Amendment 28 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 1 – subparagraph 2
Title VIIIa – Article 98 – paragraph 1 – subparagraph 2
Amendment 29 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 2
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.
Amendment 30 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 99 – paragraph 1 – subparagraph 1
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.
Amendment 31 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 99 – paragraph 2
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.
Amendment 32 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 10
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50 b – paragraph 2
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.
Amendment 33 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 10
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50 b – paragraph 2 a (new)
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.
Amendment 34 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 10
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50 c – paragraph 2
Chapter 10 – Article 50 c – paragraph 2
Amendment 35 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 13
Article 2 – point 13
Conditions of Employment of Other Servants of the European Communities
Article 121
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.
Amendment 36 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 3 – paragraph 1
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.
Amendment 37 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 3 – paragraph 2
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.
Amendment 38 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 3 – paragraph 2 a (new)
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.
Amendment 39 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
Amendment 40 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 3 – paragraph 2 c (new)
Article 3 – paragraph 2 c (new)
Amendment 41 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 3 – paragraph 3
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.
Amendment 42 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 3 a (new)
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.
Amendment 4 #
2009/2178(INI)
Motion for a resolution
Citation (new)
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,
Amendment 7 #
2009/2178(INI)
Motion for a resolution
Recital A
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,
Amendment 10 #
2009/2178(INI)
Motion for a resolution
Recital A b (new)
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,
Amendment 14 #
2009/2178(INI)
Motion for a resolution
Recital C
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,
Amendment 15 #
2009/2178(INI)
Motion for a resolution
Recital E
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,
Amendment 17 #
2009/2178(INI)
Motion for a resolution
Recital F
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,
Amendment 20 #
2009/2178(INI)
Motion for a resolution
Recital F a (new)
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,
Amendment 26 #
2009/2178(INI)
Motion for a resolution
Recital G
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,
Amendment 30 #
2009/2178(INI)
Motion for a resolution
Recital H a (new)
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,
Amendment 32 #
2009/2178(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting and piracy,
Amendment 41 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 a (new)
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;
Amendment 43 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 b (new)
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;
Amendment 44 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 45 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 d (new)
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;
Amendment 46 #
2009/2178(INI)
Motion for a resolution
Paragraph 2
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;
Amendment 49 #
2009/2178(INI)
Motion for a resolution
Paragraph 2 a (new)
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;
Amendment 54 #
2009/2178(INI)
Motion for a resolution
Paragraph 4
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;
Amendment 57 #
2009/2178(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 59 #
2009/2178(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 60 #
2009/2178(INI)
Motion for a resolution
Paragraph 6 a (new)
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;
Amendment 66 #
2009/2178(INI)
Motion for a resolution
Paragraph 8 b (new)
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;
Amendment 67 #
2009/2178(INI)
Motion for a resolution
Paragraph 9
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;
Amendment 68 #
2009/2178(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Commission to guarantee that the Observatory obeys EU rules in the field of privacy and data protection;
Amendment 75 #
2009/2178(INI)
Motion for a resolution
Paragraph 13
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;
Amendment 87 #
2009/2178(INI)
Motion for a resolution
Paragraph 16
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;
Amendment 89 #
2009/2178(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 92 #
2009/2178(INI)
Motion for a resolution
Paragraph 18
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;
Amendment 94 #
2009/2178(INI)
Motion for a resolution
Paragraph 19
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;
Amendment 99 #
2009/2178(INI)
Motion for a resolution
Paragraph 20
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;
Amendment 101 #
2009/2178(INI)
Motion for a resolution
Paragraph 20 a (new)
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;
Amendment 104 #
2009/2178(INI)
Motion for a resolution
Paragraph 21
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;
Amendment 108 #
2009/2178(INI)
Motion for a resolution
Paragraph 21 a (new)
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’);
Amendment 116 #
2009/2178(INI)
Motion for a resolution
Paragraph 24
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);
Amendment 119 #
2009/2178(INI)
Motion for a resolution
Paragraph 25
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;
Amendment 120 #
2009/2178(INI)
Motion for a resolution
Paragraph 25 a (new)
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;
Amendment 122 #
2009/2178(INI)
Motion for a resolution
Paragraph 27
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;
Amendment 145 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 2
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.
Amendment 148 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 3
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.
Amendment 164 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 2 – point c a (new)
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.
Amendment 177 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point h
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;
Amendment 182 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point j a (new)
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;
Amendment 183 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point j b (new)
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;
Amendment 184 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point j c (new)
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;
Amendment 185 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 1 – point j d (new)
Article 20 – paragraph 1 – point j d (new)
Amendment 187 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 2 – introductory wording
Article 20 – paragraph 2 – introductory wording
2. For each AIF an AIFM manages, it shall periodically disclose to investors:
Amendment 188 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 2 – point a
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;
Amendment 189 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) on a periodic basis, any new arrangements for managing the liquidity of the AIF;
Amendment 190 #
2009/0064(COD)
Proposal for a directive
Article 20 – paragraph 2 – point c
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.
Amendment 194 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
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.
Amendment 196 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 – point c
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;
Amendment 197 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 – point e a (new)
Article 21 – paragraph 2 – point e a (new)
(ea) the structure of fees and the amounts paid to the AIFM;
Amendment 198 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 – point e b (new)
Article 21 – paragraph 2 – point e b (new)
(eb) the list of investors;
Amendment 199 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 – point e c (new)
Article 21 – paragraph 2 – point e c (new)
(ec) performance data of the AIF, including a valuation of assets.
Amendment 200 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 a (new)
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.
Amendment 203 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 3 a (new)
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.
Amendment 204 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 4 – subparagraph 1
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.
Amendment 207 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 4 – subparagraph 2
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).
Amendment 229 #
2009/0064(COD)
Proposal for a directive
Article 26 – paragraph 1 – point a
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;
Amendment 230 #
2009/0064(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
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.
Amendment 239 #
2009/0064(COD)
Proposal for a directive
Article 27 – title
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
Amendment 241 #
2009/0064(COD)
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1
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.
Amendment 243 #
2009/0064(COD)
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
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.
Amendment 246 #
2009/0064(COD)
Proposal for a directive
Article 27 – paragraph 2 – point b
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;
Amendment 251 #
2009/0064(COD)
Proposal for a directive
Article 27 – paragraph 2 – point c a (new)
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.
Amendment 252 #
2009/0064(COD)
Proposal for a directive
Article 27 – paragraph 2 – subparagraph 1 a (new)
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.
Amendment 258 #
2009/0064(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1
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.
Amendment 262 #
2009/0064(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2 – introductory wording
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.
Amendment 263 #
2009/0064(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2 – point a
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;
Amendment 264 #
2009/0064(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2 – point a a (new)
Article 28 – paragraph 1 – subparagraph 2 – point a a (new)
(aa) planned significant divestments of assets;
Amendment 265 #
2009/0064(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 3
Article 28 – paragraph 1 – subparagraph 3
Amendment 271 #
2009/0064(COD)
Proposal for a directive
Article 28 – paragraph 1 a (new)
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.
Amendment 273 #
2009/0064(COD)
Proposal for a directive
Article 28 – paragraph 2 – point a
Article 28 – paragraph 2 – point a
(a) the detailed content of the information provided under paragraph 1this Article;
Amendment 278 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – introductory wording
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:
Amendment 281 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point a
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;
Amendment 283 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point c
Article 29 – paragraph 2 – subparagraph 1 – point c
(c) with regard to employee matters, turnover, terminations, recruitment., remuneration policy and other conditions of employment;
Amendment 284 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d
Article 29 – paragraph 2 – subparagraph 1 – point d
(d) statement on realised, ongoing or planned significant divestment of assets.;
Amendment 285 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 –subparagraph 1 – point d a (new)
Article 29 – paragraph 2 –subparagraph 1 – point d a (new)
(da) environmental policy;
Amendment 286 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d b (new)
Article 29 – paragraph 2 – subparagraph 1 – point d b (new)
(db) financing of the acquisition and plans for refinancing post-acquisition;
Amendment 287 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d c (new)
Article 29 – paragraph 2 – subparagraph 1 – point d c (new)
(dc) management compensation package;
Amendment 288 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d d (new)
Article 29 – paragraph 2 – subparagraph 1 – point d d (new)
(dd) acquisition and resale price;
Amendment 289 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point d e (new)
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.
Amendment 291 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 2
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.
Amendment 293 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 3
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.
Amendment 294 #
2009/0064(COD)
Proposal for a directive
Article 29 – paragraph 3
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).
Amendment 297 #
2009/0064(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Amendment 299 #
2009/0064(COD)
Proposal for a directive
Article 29 b (new)
Article 29 b (new)
Amendment 301 #
2009/0064(COD)
Proposal for a directive
Article 29 c (new)
Article 29 c (new)
Amendment 29 #
2008/2154(INI)
Motion for a resolution
Paragraph 5
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;
Amendment 38 #
2008/2154(INI)
Motion for a resolution
Paragraph 6
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;
Amendment 45 #
2008/2154(INI)
Motion for a resolution
Paragraph 8
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;
Amendment 51 #
2008/2154(INI)
Motion for a resolution
Paragraph 10
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;
Amendment 67 #
2008/2154(INI)
Motion for a resolution
Paragraph 15
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;
Amendment 74 #
2008/2154(INI)
Motion for a resolution
Paragraph 17
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;
Amendment 78 #
2008/2154(INI)
Motion for a resolution
Paragraph 19 a (new)
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;
Amendment 24 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 7 a (new)
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.
Amendment 65 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 4 – point -a (new)
Article 1 – point 4 – point -a (new)
Regulation (EC) No 717/2007
Article 3 – paragraph 1
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.’
Amendment 91 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 717/2007
Article 4 a – paragraph 1
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.
Amendment 164 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6a – paragraph 4 – point a
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.
Amendment 21 #
2008/0143(CNS)
Proposal for a directive – amending act
Annex - point 7
Annex - point 7
Directive 2006/112/EC
Annex III - point 18
Annex III - point 18
Amendment 144 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point b a (new)
Article 1 – point 2 – point b a (new)
Directive 2003/87/EC
Article 3 – point j a (new)
Article 3 – point j a (new)
Amendment 30 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 1
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.
Amendment 33 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 3
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.
Amendment 36 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 1
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.
Amendment 39 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 6
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.
Amendment 40 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 6 a (new)
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.
Amendment 42 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 20 – point b
Article 1 – point 20 – point b
Directive 2002/22/EC
Article 33 – paragraph 3
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.
Amendment 45 #
2007/0248(COD)
Proposal for a directive – amending act
Annex II - point 2.2
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.
Amendment 57 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 44 a (new)
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.
Amendment 58 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 45 a (new)
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.
Amendment 59 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 46 a (new)
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.
Amendment 66 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2002/21/EC
Article 3 – paragraph 5 a (new)
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."
Amendment 67 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 3 b (new)
Article 1 – point 3 b (new)
Directive 2002/21/EC
Article 3 – paragraph 6 a (new)
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."
Amendment 68 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 3 c (new)
Article 1 – point 3 c (new)
Directive 2002/21/EC
Article 3 a (new)
Article 3 a (new)
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.
Amendment 25 #
2007/0197(COD)
Proposal for a regulation
Recital 5
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.)
Amendment 27 #
2007/0197(COD)
Proposal for a regulation
Recital 6
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.
Amendment 29 #
2007/0197(COD)
Proposal for a regulation
Recital 7
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.
Amendment 30 #
2007/0197(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 32 #
2007/0197(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 34 #
2007/0197(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 37 #
2007/0197(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 38 #
2007/0197(COD)
Proposal for a regulation
Recital 12
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.
Amendment 40 #
2007/0197(COD)
Proposal for a regulation
Recital 13
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.
Amendment 41 #
2007/0197(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 46 #
2007/0197(COD)
Proposal for a regulation
Article 1 – title
Article 1 – title
Establishment of a Network of Energy Regulators
Amendment 47 #
2007/0197(COD)
Proposal for a regulation
Article 1
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.
Amendment 49 #
2007/0197(COD)
Proposal for a regulation
Article 2
Article 2
Amendment 52 #
2007/0197(COD)
Proposal for a regulation
Article 3
Article 3
Amendment 58 #
2007/0197(COD)
Proposal for a regulation
Article 5
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 .
Amendment 60 #
2007/0197(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 71 #
2007/0197(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 76 #
2007/0197(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 78 #
2007/0197(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 87 #
2007/0197(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 89 #
Amendment 90 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 1
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.
Amendment 92 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 2
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.
Amendment 94 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 3
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.
Amendment 95 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The BoardNetwork of Regulators shall adopt its Rules of procedure.
Amendment 96 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 5
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.
Amendment 97 #
2007/0197(COD)
Proposal for a regulation
Article 11 – paragraph 6
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.
Amendment 98 #
2007/0197(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 100 #
2007/0197(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 109 #
2007/0197(COD)
Proposal for a regulation
Article 14
Article 14
Amendment 113 #
2007/0197(COD)
Proposal for a regulation
Article 15 – paragraph 2
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.
Amendment 114 #
2007/0197(COD)
Proposal for a regulation
Article 15 – paragraph 3
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.
Amendment 116 #
2007/0197(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 117 #
2007/0197(COD)
Proposal for a regulation
Article 17 – paragraph 3
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.
Amendment 118 #
2007/0197(COD)
Proposal for a regulation
Article 20 – paragraph 1
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.
Amendment 119 #
2007/0197(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 120 #
2007/0197(COD)
Proposal for a regulation
Article 25
Article 25
Amendment 121 #
2007/0197(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 123 #
2007/0197(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 10 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 10 a (new)
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.
Amendment 13 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 11
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.
Amendment 23 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2003/55/EC
Article 6a (new)
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.
Amendment 27 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2003/55/EC
Article 8 – paragraphs 4a to 4h (new)
Article 8 – paragraphs 4a to 4h (new)
Amendment 36 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2003/55/EC
Article 9b (new)
Article 9b (new)
Amendment 40 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2003/55/EC
Article 13 – paragraph 4
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).
Amendment 47 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point (n)
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;
Amendment 52 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 3 – point (b)
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;
Amendment 53 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 4 – point (a)
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;
Amendment 55 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 13
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.
Amendment 65 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 10 a (new)
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.
Amendment 66 #
2007/0196(COD)
Proposal for a directive – amending act
Article 2 - paragraph 2 a (new)
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.
Amendment 71 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 11
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.
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.
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).
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.
Amendment 200 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph –1 (new)
Article 7 – paragraph –1 (new)
Amendment 273 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2003/55/EC
Article 9 b (new)
Article 9 b (new)
Amendment 556 #
2007/0196(COD)
Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
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.
Amendment 558 #
2007/0196(COD)
Proposal for a directive – amending act
Article 2 – paragraph 2 b (new)
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.
Amendment 11 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 7
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.
Amendment 12 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 10 a (new)
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.
Amendment 14 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 11
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.
Amendment 22 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2003/54/EC
Article 3 – paragraph 10
Article 3 – paragraph 10
Amendment 31 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph -1 a (new)
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..
Amendment 52 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2003/54/EC
Article 9 – paragraph 1 a to 1 h (new)
Article 9 – paragraph 1 a to 1 h (new)
Amendment 59 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/54/EC
Article 10 b (new)
Article 10 b (new)
Amendment 64 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2003/54/EC
Article 15 – paragraph 4
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).”.
Amendment 65 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 1 – point (m)
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;
Amendment 66 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 3 – point (b)
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;.
Amendment 71 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 4 – point (a)
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;
Amendment 72 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 13
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.
Amendment 80 #
2007/0195(COD)
Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
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.
Amendment 113 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 10 a (new)
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.
Amendment 122 #
2007/0195(COD)
Proposal for a directive – amending act
Recital 11
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.
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.
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).
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.
Amendment 226 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 1 – introductory part
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:
Amendment 303 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2003/54/EC
Article 10 b (new)
Article 10 b (new)
Amendment 574 #
2007/0195(COD)
Proposal for a directive – amending act
Article 2 – paragraph 2 a (new)
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."
Amendment 575 #
2007/0195(COD)
Proposal for a directive – amending act
Article 2 – paragraph 2 b (new)
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.
Amendment 273 #
2007/0143(COD)
Proposal for a directive
Article 90
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).
Amendment 403 #
2007/0143(COD)
Proposal for a directive
Article 127 – paragraph 1 – point a
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;
Amendment 411 #
2007/0143(COD)
Proposal for a directive
Article 127 – paragraph 1 – point c
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;
Amendment 423 #
2007/0143(COD)
Proposal for a directive
Article 127 – paragraph 1 – point d a (new)
Article 127 – paragraph 1 – point d a (new)
(da) it shall be calculated independently of the Solvency Capital Requirement.
Amendment 642 #
2007/0143(COD)
Proposal for a directive
Article 237 – paragraph 2
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.