118 Amendments of Charlotte CEDERSCHIÖLD
Amendment 3 #
2008/2154(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission, with a view to a greater degree of legal certainty and increased consumer protection, to consider proposingarefully assess the establishment of common rules and mechanisms guaranteeing access to full compensation for any individual suffering damage as a result of ajustice in fields that go well beyond breaches of competition law so as to promote a consistent approach;
Amendment 6 #
2008/2154(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers representative actions brought by qualified entities as a necessaryuseful mechanism, especially in the case of many persons with small claims, for ensuring the compensation of all identifiabled victims;
Amendment 11 #
2008/2154(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to provide further guidance at Community level as regards the quantification of damages, provided that damages awarded are not higher than damages actually incurred, and that they ultimately compensate the damage suffered by a precisely defined circle of individual victims;
Amendment 15 #
2008/2154(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Supports the view that the costs of legal procedures should not deter complainants from bringing well-founded actions and therefore calls on the Members States to take appropriate measures, such as allowing exceptions or limiting the level of court fees, to reduce the costs associated with antitrust damages actionof the Commission that there is no need to suggest any specific changes to national regimes on procedural costs in favour of claimants;
Amendment 19 #
2008/2154(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. SupportsConsiders that the proposed reversal of the burden of proof, to the benefit of indirect purchasers, on the presumption that they bear all overcharges generated by the unlawful practices concerned, may lead to multiple compensation;
Amendment 21 #
2008/2154(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that, once a breach of Article 81 or 82 of the EC Treaty has been established, the fault requirement, generates difficulties for victims and prevents them from obtaining due compensation for the damage suffered by a public authority in the course of public enforcement, the claimant should have to prove the defendant's fault to obtain damages in the course of a private damages claim;
Amendment 23 #
2008/2154(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 24 #
2008/2154(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to adopt a consistent approach between rwait the resulets of collective redress in relation to competition law and rules envisaged in the general framework of consumer protecthe commissioned studies before adopting any legislative proposal in all fields where forms of collective redress are under consideration.
Amendment 69 #
2008/2085(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that the freedom to provide services is a cornerstone of the European project; however, this has to be balanced against fundamental rights and the possibility for governments and trade unions to ensure non-discrimination and equal treatment;
Amendment 81 #
2008/2085(INI)
Motion for a resolution
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Underlines that the internal market is characterized by that the obstacles to the free movement of goods, persons, services and capital is abolished between the MS, as well as by an open market economy with free competition;
Amendment 89 #
2008/2085(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that the freedom to provide services is not superior to the fundamental right for trade unions to take industrial action; especially, since this is a constitutional right in several Member StatesECJ has ruled that the right for trade unions to take industrial action must be recognised as a fundamental right; however, the exercise of that may non the less be subject to restrictions as emphasized by the ECJ;
Amendment 97 #
2008/2085(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that the freedom to conduct a business in accordance with Union law and national laws and practices is spelled out in the Charter of Fundamental Rights; however notes that the right of collective bargaining, equally mentioned in the Charter of Fundamental Rights, must be conducted in accordance with Union law and national law and practices and is equally limited through the proportionality principle as spelled out by the Court of Justice in the Viking case;
Amendment 107 #
2008/2085(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that Article 3(7) of the PWD clearly states that trade unions should be able to demand terms and conditions of employment which are more favourable to workersstates that Article 3(1-6) shall not prevent application of terms and conditions of employment which are more favourable to workers; also stresses that, according to the ECJ as stated in the Laval case, this article cannot be interpreted as allowing the host Member State to make the provision of services in its territory conditional on the observance of terms and conditions of employment which go beyond the mandatory rules for minimum protection;
Amendment 111 #
2008/2085(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points outStresses that recital 22 in the PWD states that provisions laid down in the PWD should have no effecthe directive is without prejudice to the law of the Member States concerning collective action to defend the interests of trades and professions; equally stresses that the ECJ stated in the Laval case that the right to take collective action falls within the scope of application of Community law and therefore must be justified by an overriding reason of public interest and be proportionate; emphasizes in that con the right to take industrial actitext that the ECJ has ruled that the right to take collective action for the protection of the workers constitute such an overriding reason;
Amendment 118 #
2008/2085(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises that equal treatment, equal pay for equal work as well as Articles 39 and 12 of the EC Treaty form the foundation of EC law which needs to be restoredthe PWD did not harmonise the material content of the mandatory rules for minimum protection and that that content may accordingly be freely defined by the Member States in compliance with the Treaty and the general principles of Community law;
Amendment 122 #
2008/2085(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises that treatment as well as Article 39 of the EC Treaty form the foundation of EC law as regards the free movement of workers; however that Article 39 and the principle of equal treatment do not apply to workers posted on a temporary basis to another Member State for the purposes of providing services there to which the PWD and Article 49 apply;
Amendment 124 #
2008/2085(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the importance of not allowing the verdicts to negatively effectsupport for labour market models that already today are able to combine a high degree of flexibility on the labour market with a high level of security and, instead, of further promoting this approach;
Amendment 129 #
2008/2085(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that the verdicts fully respect the different labour market models that combine a high degree of flexibility on the labour market with a high level of security;
Amendment 137 #
2008/2085(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that the intention of the legislator in the PWD and Service Directive is not reflected in the ECJ verdicts, which, instead of protecte fact that the ECJ is the ultimate interpreter of the Community legislation, equally underlines that its verdicts are binding precedents, meant for the national court asking wforkers, is inviting unfair competition between companies; companies that sign and follow collective agreements will have a competitive disadvantage to companies that refuse to do so the preliminary ruling according to the principle of loyalty in article 10 of the Treaty; this in order to guarantee the equal application of community law in all Member States;
Amendment 147 #
2008/2085(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regretsiterates the fact that all conditions imposed on foreign employers above minimum levels are seen as obstacles to free movement, if employees do not already receive more favourable conditions in the country of origin;
Amendment 153 #
2008/2085(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that the PWD seeks to bring about the freedom to provide services, which is one of the fundamental freedoms guaranteed by the Treaty, while guaranteeing the adequate protection of posted workers, and that a proportionate balance between these interests must be maintained;
Amendment 159 #
2008/2085(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. QuestionNotes the introduction of a proportionality principle in the Viking case forwhich applies when the right to use collective action is exercised against undertakings which, when using make use of the rights of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;
Amendment 168 #
2008/2085(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the PWD as interpreted by the ECJ would prevent demands for equal pay for work for all workers regardless of their nationality or that of their employer in the place where the service is provided; this runs counter to the principle of nprinciple of equal pay and of non-discrimination which are established in the Treaty will continue to apply with regard to workers moving to another Member State to seek for a job or take up employment there, and that trade unions will continue to have the right to take action to uphold equal treatment and secure decent working con-discrimination which is established in the Treaty especially with regard to the mobility of workerstions at national level for migrant workers; takes for granted that the ECJ does not pronounce itself in a way counter to the non-discriminatory principle;
Amendment 178 #
2008/2085(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the fact that even though the PWD was formulated as a minimum standard directive,Acknowledges that the ECJ determrulinegs that those minimum standards must be regarded as the maximum in the context of the Laval judgement; this approachin the Viking, Laval and Rüffert cases have causesd great concerns as to whether any directives decided on the basis of a minimum approach are regarded as valid; if all directives in the social dimension were to be reformulated as maximum directives, as in the case of the PWD, the consequences would be enormous;the way how minimum harmonisation directives must be interpreted.
Amendment 182 #
2008/2085(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines that the ECJ is the ultimate interpreter of the PWD and all other EC legislation and that the ECJ takes into account in particular the objective and the legal base in the Treaty when interpreting EC legislation;
Amendment 183 #
2008/2085(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls that the PWD seeks to bring about the freedom to provide services, and that it has to be interpreted, like all directives adopted on an internal market legal basis, in the light of the rules of the Treaty on the freedom to provide services as interpreted by the ECJ, whilst taking into account other objectives pursued by EC legislation, such as social policy objectives;
Amendment 186 #
2008/2085(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. RegretNotes that the social considerations referred to in Articles 26 and 27 in Directive 2004/18, do not include terms and conditions of employment which go beyond the mandatory rules for minimum protectionare not compatible with EC law, and in particular with the PWD;
Amendment 193 #
2008/2085(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is of the opinion that the limited legal basis of free movement of the PWD has led the ECJ to interpret the PWD in this way, creating an explicit invitation to unfair competition on wages and working conditions driving them downwards, which is in clear contradiction to the stated aim ofUnderlines that the PWD seeks in particular to bring about the freedom to provide services, while guaranteeing the adequate protection of workers posted on a temporary basis for the purpose of providing services in another Member States; stresses that the effect of the Laval judgement is surely to reinforce the message that posted workers must be afforded the minimum protection granted by the Directive, including the minimum pay rate; this is because, as emphasized by the ECJ in the Laval case, the PWD (seeks to ensure a climate of fair competition) and the objective of the EU as established in the Treaty (improvement of living and working conditions); therefo between national undertakings and undertakings which provide services on a temporary basis insofar as it require,s the legal basis of the PWD must be broadened to include a reference to the free movement of workersatter to afford their workers the mandatory rules of ,minimum protection laid down in the host Member State;
Amendment 203 #
2008/2085(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that the current situation could lead to a situation where workers in host countries will be pressured by low wage competition; this, in turn, could lead to xenophobia and counterproductive anUnderlines that one of the main purposes of the European Union is to create an internal market for services; is of the conviction that the citizens in the European Union welcome European integration; firmly underlines that xenophobic behaviour is a marginal phenomenon which should be strongly discouragerd against the EUnd combated;
Amendment 217 #
2008/2085(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that the ECJ fails to consider ILO convention 94, and fears that the ECJ judgement in Rüffert may impede the ratification of ILO 94; this would be counter to the further development of social clauses in public procurement regulations, which is an aim of the Public procurement directive 2004Underlines that Member States can only implement international conventions that are in line with EC legislation;
Amendment 222 #
2008/2085(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 234 #
2008/2085(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 254 #
2008/2085(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Underlines that the ECJ rulings in the cases of Viking, Laval and Rüffert do not necessitate a change of EC legislation; a call for a change of legislation after each ECJ ruling will cause imbalance in the division of the democratic powers within, and principles of, the European Union;
Amendment 270 #
2008/2085(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Therefore calls on the Commission to review the PWD and consider the following issues: - a new legal basis for the PWD to better protect workers; workers posted within the framework of services should be regarded as using the right of freedom of movement of workers and not the free movement of services; - a possibility in the Directive for Member States to refer in law or collective agreements to the 'habitual wages' applicable in the place of work in the host country as defined in the ILO 94 and not only ‘minimum’ rates of pay; - a limit to the period of time during which workers can be considered as being 'posted' to a Member State other than the Member State of their ordinary place of work in the framework of services; after that period the rules on free movement of workers should apply, i.e. host country rules with regard to wages and working conditions have full application; - an even clearer expression that the Directive and other EU legislation do not prohibit: - ensure that the PWD is correctly implemented and applied in all Member States; - intensify work with Member States with a view to enhance cooperation between competent national authorities of different Member States and in particular to set up an electronic system for exchange of information which could enable Member States and trade unions from demanding more favourable conditions for the worker; and - the recognition of a wider range of methods of organizing labour markets than those currently covered by Article 3(8)in particular to combat abuses more effectively;
Amendment 287 #
2008/2085(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that Parliament, the Council and the Commission should adopt measures to combat abuses, in particular regarding activities of those "letterbox- companies, undertakings" which are not engaged in any genuine and meaningfuleffective business in the country of origin butestablishment but which have been created, sometimes even directly by the main contractor in the host country, for the sole purpose of offering ‘services’ to the host country, to avoidcarrying out business in the host country, in order to circumvent the full application of host country rules and regulations especially with regard to wages and working conditions;
Amendment 293 #
2008/2085(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 2 #
2008/2056(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas all Member States are legally obliged to transpose all Internal Market directives into national legislation within the prescribed deadlines,
Amendment 7 #
2008/2056(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the average time for an infringement proceeding to be brought to the European Court of Justice exceeds 20 months,
Amendment 8 #
2008/2056(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas some Member States do not respect the rulings of the European Court of Justice on infringement cases, and that this is of further detriment of the functioning of the Internal Market,
Amendment 9 #
2008/2056(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. Whereas the administrative burden is too high in Member States and that this is a result of both national and Community legislation;
Amendment 10 #
2008/2056(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the importance of ownership of the Internal Market on national, regional and local levels; underlines the Commission's role to create partnership in the related policy making process to this end;
Amendment 11 #
2008/2056(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that Member States are sometimes adding additional requirements when transposing directives into national law; holds the view that this so-called 'gold plating' hampers the effective functioning of the Internal Market;
Amendment 16 #
2008/2056(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to speed up the process of solving disputes at an early stage and to highlight those infringements with the most serious consequences for European citizens; equally encourages the Commission to produce a compilation of the infringement cases brought before the European Court of Justice in order to provide detailed information on the offence in question;
Amendment 18 #
2008/2056(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to include a summary to the future Scoreboards written in easily understandable terms to increase accessibility to citizens and other stakeholders; encourages relevant EU and national bodies to publish the Scoreboard on their websites and to step- up efforts to promote the scoreboard to media;
Amendment 19 #
2008/2056(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that the Scoreboard does not provide information about which directives have not been transposed and that all directives have the same weight in the statistics; takes the view that certain directives, for example the Services Directive, are more important for the effective functioning of the Internal Market than others; calls on the Commission to consider indicators that better reflect the relative importance of directives for industry and citizens within various sectors; holds the view that impact assessments carried out by the Commission may be of relevance for this purpose;
Amendment 26 #
2008/2056(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the fact that late and incorrect implementation deprives citizens and undertakings of their rights, causes harm to the European economy and undermines confidence in the Internal Market; calls on the Commission to develop indicators measuring the costs incurred by citizens and industry as a result of late and incorrect transposition, also calls on the Commission to develop indicators reflecting the relationship between transposition performance and infringements brought against Member States;
Amendment 29 #
2008/2056(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the Commission's intention to table further better regulation initiatives, in particular by improving impact assessments and reducing administrative burdens as this will also contribute to the more effective functioning of the Internal Market; holds the view that work on these issues is interlinked and needs to be approached in a consistent way;
Amendment 30 #
2008/2056(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes the target of reducing administrative burdens within the EU by 25% by 2012; calls on the Member States to take action to achieve this aim; holds the view that the Scoreboard should measure efforts and progress at Member State and Community level related to this; therefore calls on the Commission to reflect on including a chapter in the Scoreboard to this end;
Amendment 31 #
2008/2056(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Regrets that citizens still face many obstacles in relation to free movement within the Internal Market; notes in this context that 15% of SOLVIT cases handled in 2007 were related to free movement of persons and EU citizenship; calls therefore on Member States and the Commission to step up efforts to ensure the free movement of persons; calls in particular on Member States to establish one-stop shops which can assist people on all legal and practical matters when moving within the Internal Market; also calls on the Commission to develop indicators to be included in the Scoreboard measuring obstacles to the free movement of persons;
Amendment 32 #
2008/2056(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates the aim of making Internal Market legislation work better; takes the view that improved implementation also depends on the development of practical co-operation and partnership between administrations; calls on the Member States and the Commission to further develop systems of exchange of best practices; underlines that, due to the numerous authorities at local, regional and national level, there is a need to actively promote and support administrative cooperation and simplification; points out that the Internal Market Information system has the potential to play a major role to this end;
Amendment 33 #
2008/2056(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on Member States to establish national Internal Market centres to promote coordination, simplification and political visibility of their efforts to make the Internal Market work; underlines that such centres should be placed within existing entities, for example with the national single points of contact; urges Member States to ensure improved practical knowledge on EU law at all levels of national administration to avoid citizens and businesses facing unnecessary burdens and obstacles resulting from a lack of understanding of the rules;
Amendment 34 #
2008/2056(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission to establish a unit within the Internal Market and Services Directorate General dedicated to surveying the Internal Market dimension in all policy and legislative work, with a focus on ensuring the rules are respected;
Amendment 37 #
2008/2056(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Commission's intention to improve the filtering of enquiries and complaints by business and citizens through SOLVIT and other Single Market Assistance Services to ensure that they are directed immediately to the right administrative body regardless of which network they are tabled through; underlines that experiences from SOLVIT should be fed into national and EU policy making, resulting in structural or regulatory changes where necessary;
Amendment 38 #
2008/2056(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Council to give a higher priority to Internal Market issues either by establishing a new Council addressing these questions or by giving them top priority on the agenda in the existing Competitiveness Council;
Amendment 228 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The costs of healthcare provided in another Member State shall be reimbursed by the Member State of affiliation in accordance with the provisions of this Directive up to the level of costs that would have been assumed had the same or similatreatment which is equally effective for thealthcare patient been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received. Member States may decide to cover other related costs.
Amendment 236 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Member State of affiliation may impose on a patient seeking healthcare provided in another Member State, the same conditions, criteria of eligibility and regulatory and administrative formalities for receiving healthcare and reimbursement of healthcare costs as it would impose if the same or similar healthcare was provided in its territory, in so far as they are neither discriminatory nor an obstacle to freedom of movement of persons.
Amendment 249 #
2008/0142(COD)
Proposal for a directive
Article 8 – Title
Article 8 – Title
Hospital and specialised care Hospital care
Amendment 256 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1 – point (a)
Article 8 – paragraph 1 – point (a)
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in another Member State where the following conditions are met: (a) healthcare which requires overnight accommodation of the patient in question for at least one nighcan be provided only within a medical infrastructure and which normally requires the accommodation of the patient. (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of the Member State’s social security system; and/or (ii) the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member State.
Amendment 277 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. TBy way of exception, the Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in another Member State where the following conditions are metin the case where: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of the Member State's social security system; and/or (ii) the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member Stateobjectives of the Member State in the hospital sector to ensure that there is a sufficient and permanent access to a balanced range of high quality hospital treatment on the territory of the concerned Member State and to avoid wastage of financial, technical and human resources.
Amendment 302 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph -1 a (new)
Article 9 – paragraph -1 a (new)
-1a. Authorisation schemes shall be based on criteria which preclude the competent authorities from exercising their power of assessment in an arbitrary or discretionary manner.
Amendment 65 #
2008/0090(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The EU institutions act in their legislative capacity when adopting, on the basis of the relevant provisions of the Treaties, legally binding rules of general scope.
Amendment 66 #
2008/0090(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) With regard to the disclosure of personal data, a clear relationship should be established between this Regulation and Regulation (EC) No 45/2001The Community institutions and bodies should treat personal data in full compliance with the rights of data subjects as defined in Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.
Amendment 67 #
2008/0090(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Wider access should be granted to documents in cases where the institutions are acting in their legislative capacity, including under delegated powers, while at the same time preserving the effectiveness of the institutions' decision-making process. Such documents should be made directly accessible to the greatest possible extentIn compliance with the democratic principles outlined in Article 6(1) of the EU Treaty and the case-law of the Court of Justice on the implementation of Regulation (EC) No 1049/2001, wider access should be granted to documents in cases where the institutions are acting in their legislative capacity, including under delegated powers. Legal texts should be drafted in a clear and understandable way1 and published in the Official Journal of the European Union. Better law-making practices, drafting models and techniques, as well as technical solutions to track the life-cycle of preparatory documents and to share them with the institutions and bodies associated in the procedure, should be agreed by the European Parliament, the Council and the Commission in accordance with this Regulation and published in the Official Journal of the European Union. ¹ Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation (OJ C 73, 17.3. 1999, p. 1).
Amendment 69 #
2008/0090(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In principle, all documents of the institutions should be accessible to the public. However, certain public and private interests should be protected by way of exceptions. Tand relating to their activities should be registered and accessible to the public. However, without prejudice to the European Parliament's scrutiny, access to the entire document or to part of it could be denied for reasons of protection of public and private interests, as the institutions should bare entitled to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks. In assessing the exceptions, the institutions should take account of the principles in Community legislation concerning the protection of personal data, in all areas of Union activities.
Amendment 71 #
2008/0090(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) All rules concerning access to documents of the institutions should be in conformity with this Regulation, as it implements Article 255(2) of the EC Treaty.
Amendment 75 #
Amendment 77 #
2008/0090(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation shall apply to all documents held by an institution, namely,that is to say documents drawn up or received by it and in its possession concerning a matter relating to the policies, activities and decisions falling within its sphere of responsibility, in all areas of activity of the European Union.
Amendment 79 #
2008/0090(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Without prejudice to Articles 4 and 9, dDocuments shall be made accessible to the public either following a written application or directly in electronic form or through a register. In particular,in electronic form in the Official Journal of the European Union, or in an official institution's register or following a written application. The documents drawn up or received in the course of a legislative procedure shall be made directly accessible in accordance with Article 125a.
Amendment 84 #
2008/0090(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. This Regulation shall be without prejudice to enhanced rights of public access to documents held by the institutions which might follow from instruments of international law or acts of the institutions implementing them or by the Member States' legislation.
Amendment 87 #
2008/0090(COD)
Proposal for a regulation
Article 3 – point a
Article 3 – point a
(a) «'document»' shall means any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) drawn-up by an institution and formally transmitted to one or more recipients or otherwise registered, or received by an institution; data contained in electronic storage, processing and retrieval systems are(including external systems used for the institution's work) shall constitute a document or documents if ithey can be extracted in the form of aone or more printouts or electronic-format copyies using the available tools for the exploitation of the systemtools reasonably available for the exploitation of the system. An institution that intends to create a new electronic storage system, or to substantially change an existing system, shall evaluate the likely impact on the right of access guaranteed by this Regulation and act so as to promote the objective of transparency;
Amendment 92 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The institutions shall refuse access to a document where disclosure would undermine the protection of public or private interests linked to:
Amendment 96 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) legal advice and, without prejudice to the enhanced transparency required in procedures for the adoption of EU legislative acts or of non-legislative acts of general application; court, arbitration and dispute settlement proceedings;
Amendment 99 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
(e) the objectivity and impartiality of selection procedures regarding public procurement or the recruitment of staff.
Amendment 100 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. AWithout prejudice to the enhanced transparency required in procedures for the adoption of EU legislative acts or of non-legislative acts of general application, access to the following documents shall be refused if their disclosure would seriously undermine the decision-making process of the institutions:
Amendment 101 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) documents relating to a matter where the decision has not been taken, and a constructive outcome could be jeopardised by disclosure before finalisation of the documents;
Amendment 102 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The exceptions under paragraphs (2) and (3) shall apply unless there is an overriding public interest in disclosure. As regards paragraph 2(a) an overriding public interest in disclosure shall be deemed to exist where the information requested strong public interest in disclosure exists where the requested documents have been drawn up or received in the course of procedures for the adoption of EU legislative acts or of non-legislative acts of general application. When balancing the public interest in disclosure, special weight shall be given to the fact that the requested documents relates to emissions into thethe protection of fundamental rights or the right to live in a healthy environment.
Amendment 121 #
2008/0018(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The general and specific chemical requirements in this Directive should aim at protecting the health of children from dangerous substances in toys, while environmental concerns presented by toys are addressed in horizontal environmental legislation applying also to toys, in particular in Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste,to electrical and electronic toys, namely Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment, in and Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, inn waste electrical and electronic equipment. In addition, environmental issues concerning waste are regulated by Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, those concerning packaging by Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste and inthose concerning batteries and accumulators by Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC.
Amendment 128 #
2008/0018(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Since toys may exist or be developed which present hazards which are not covered by a particular safety requirement laid down in this Directive, it is necessary to set a general requirement of safety as the legal base for taking action against such toys. In this respect safety of toys should be determined by reference to the intended use of the product while taking into account the foreseeable use, bearing in mind behaviour of children, who do not generally show the same degree of care as the average adult user. If scientific evidence does not allow this risk assessment, Member States, in particular through their competent authorities, should apply the precautionary principle.
Amendment 140 #
2008/0018(COD)
Proposal for a directive
Article 1 – paragraph 1 − subparagraph 1
Article 1 – paragraph 1 − subparagraph 1
1. This Directive lays down rules on the safety, and the free movement in the Community, of products designed or by virtue of their functions, dimensions and characteristics intended, whether or not exclusively, for use in play by children under 14 years of age, hereinafter "toys".
Amendment 184 #
2008/0018(COD)
Proposal for a directive
Article 10 – paragraph 2– subparagraph 1
Article 10 – paragraph 2– subparagraph 1
2. The manufacturer shall mark the warnings in a visible, clearly legible and accurate manner, so that they are conspicuously displayed on the toy, on an affixed label or on the consumer packaging and, if appropriate, on the instructions for use which accompany the toy. Small toys that are sold without packaging shall have appropriate warnings affixed to them.
Amendment 187 #
2008/0018(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
When appearnings specifying the minimum and maximum ages for users shall be visible, on the package or on the label attached thereto, the warnings shall be printed on the package or on the label in a legible way and conspicuously displayed atshall be presented in such a way as to ensure a significant contrast between the porint of saleand the background.
Amendment 188 #
2008/0018(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Warnings, specifying the minimum and maximum ages for users shall be visible, legible and conspicuously displayed at the point of sale. Warnings that are necessary for a choice of toy that is safe in connection with the intended use or user shall appear on the consumer packaging or on the internet web page or be otherwise attached to the toy in such a way that the consumer can read it before purchase.
Amendment 193 #
2008/0018(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
Warnings of hazards that occur every time the toy is used shall be permanently marked on the toy.
Amendment 200 #
2008/0018(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. If the references in the Official Journal of the European Union to a harmonised standard as referred to in this Article are published or maintained with restrictions, the Commission may, in accordance with the regulatory procedure with scrutiny referred to in Article 46(2), adopt a decision indicating the reasons for the restriction. The Decision shall make clear whether a toy complying with the harmonised standard as completed by Decision shall be presumed to be in conformity with the requirements covered by the standard and the Decision.
Amendment 204 #
2008/0018(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By drawing up the EC declaration of conformity, the manufacturer shall assume the responsibility for the compliance of the toy. A copy of the EC Type Certificate shall be made available to the relevant authorities, as well as economic operators in the supply chain, upon request.
Amendment 206 #
2008/0018(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. TMember States may not prevent toys not bearing a CE-marking andor which do not otherwise comply with the provisions of this Directive mayfrom featureing in trade fairs and exhibitions, provided that they are accompanied by a sign which clearly indicates that the toys do not comply with the requirements of this Directive and are not for sale or for distribution free of charge.
Amendment 226 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 1 - subparagraph 2
Article 45 - paragraph 1 - subparagraph 2
Those measures, designed to amend non- essential elements of this RegulationDirective, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46 (2).
Amendment 233 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 2
Article 45 - paragraph 2
Amendment 237 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 2 a (new)
Article 45 - paragraph 2 a (new)
2a. The Commission may, for the purpose of enhancing the standardisation process, amend the mandate for a standard not adopted within the given time frame, specifying threshold limits and the other criteria necessary for the compliance of the standard with the essential safety requirements set out in Article 9(2) and in Annex II. Those measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2).
Amendment 239 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 2 a (new)
Article 45 - paragraph 2 a (new)
2a.The Commission may, for the purpose of addressing hazards not covered by any specific safety requirement, amend Annex II by adding specific safety requirements. 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 46(2).
Amendment 245 #
2008/0018(COD)
Proposal for a directive
Article 52
Article 52
Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which weare placed on the market before this Directive entered into for[2 years after the entry into force of this Directive]. Annex II, Part III shall only apply to toys placed or at the latest 2n the market after [5 years after this Directive enteredry into force. of this Directive/31 May 2013]
Amendment 251 #
2008/0018(COD)
Proposal for a directive
Annex I – point 17 a (new)
Annex I – point 17 a (new)
17a. Books that do not contain any elements or added objects others than those in paper or cardboard.
Amendment 292 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 10
Annex II – Part I – point 10
10. Toys which are designed to emit a sound should be so designed and constructed so that the sound from them is not able to impair children’s hearing. This shall apply to all toys irrespective of the age group targeted. The limit for toys with impulse noise should be 115 dB LpC peak at the ear. The limit for toys with prolonged noise should be 80 dB LpC peak at the ear.
Amendment 299 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 3
Annex II – Part III – point 3
3. Without prejudice to the application of the restrictions under the first sentence of point 2, the use in toys of substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR) according to Directive 67/548/EEC in individual concentrations equal to or greater than the relevant concentrations established for the classification of preparations containingnd endocrine disrupting substances according to Directive 67/548/EEC and other substances listed in the candidate list established according to Regulation (EC) No 1907/2006 (REACH) shall for health reasons be prohibited deleted. The presence of these substances in accordance with the provisions of Directive 1999/45/EC shall be prohibited, exceptshall only be allowed provided that such presence is technically unavoidable in good manufacturing practice or if the substances are contained in components of toys or micro-structurally distinct parts of toys that are not accessible to any physical contactin any circumstances accessible by children.
Amendment 347 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 8
Annex II – Part III – point 8
8. The following migration limits, from toys or components of toys that are accessible to children during use as specified in the first subparagraph of Article 9 (2), shall not be exceeded: Element mg/kg in mg/kg dry, brittle, in liquid or dry, brittle, in liquid or powder-like sticky powder-like sticky or toy material or toy material pliable toy pliable toy material material Aluminium 5625 1406 Antimony 45 11.3 Arsenic 7.51.9 Barium 4500 1125 Boron 1200 300 Cadmium 3.80.9 Chromium 37.5 9.4 (III) Chromium 0.04 (VI) Cobalt 10.5 2.6 Cobalt Copper 622.5 156 Copper Lead 27 Manganese 1200 300 Manganese Mercury 15 Nickel 75 18.8 Nickel Selenium 37.5 9.4 Selenium Strontium 4500 1125 Strontium Tin 15000 3750 Tin Organic tin 1.9 0.5 Organic tin Zinc 3750 938 Zinc These limit values do not apply to toys which due to their accessibility, function, volume or mass clearly exclude any hazard due to sucking, licking, swallowing or prolonged contact with skin when used as specified in the first subparagraph of Article 9 (2).0.01 10.5 2.6 622.5 156 6.8 1200 300 3.8 75 18.8 37.5 9.4 4500 1125 15000 3750 1.9 0.5 3750 938 deleted
Amendment 366 #
2008/0018(COD)
Proposal for a directive
Annex V - Part A - subparagraph 1 a (new)
Annex V - Part A - subparagraph 1 a (new)
All warnings, by phrases or pictogram, shall be preceded by the word "Warning".
Amendment 47 #
2007/0280(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
Amendment 52 #
2007/0280(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Public defence and security contracts often contain sensitive information which, for security reasons, needs to be protected from unauthorised access. In the military field, the Member States have systems for classifying this information. The picture is more varied, however, when it comes to non-military security matters. The recommendation is, therefore, to make use of a concept which takes into account the diversity of practices in the Member States and can encompass both the military and non-military fields. At any rate, public procurement in these fields should not, where appropriate, affect the obligations arising from Commission Decision 2001/844/EC of 29 November 2001 amending its internal Rules of Procedure or Council Decision 2001/264/EC adopting the Council’s security regulations. In addition, Article 296(1)(a) of the Treaty allows any Member State, in substantiated and justified exceptional cases, to exclude public defence and security procurement from the scope of this Directive.
Amendment 54 #
2007/0280(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 56 #
2007/0280(COD)
Proposal for a directive
Article 1 - paragraph 1
Article 1 - paragraph 1
This Directive shall apply to public contracts awarded in the fields of defence and security forrelating to the supply of goods and services which are used for the purpose of guaranteeing the security and defence of the Union or its Member States and public works and services contracts related to such supplies. These comprise:
Amendment 60 #
2007/0280(COD)
Proposal for a directive
Article 1 - paragraph 1 - point a
Article 1 - paragraph 1 - point a
a) the supply of arms, munitions and/or war material, referred to in the Council Decision of 15 April 1958 and, where necessary, public works and services contracts strictly related to these supplies;
Amendment 77 #
2007/0280(COD)
Proposal for a directive
Article 7 - paragraph 3
Article 7 - paragraph 3
3. No works project or proposed purchase of a certain quantity of supplies and/or services may be extended or partitioned so as to create essentially identical separate contracts, or otherwise be subdivided to prevent its coming within the scope of this Directive.
Amendment 84 #
2007/0280(COD)
Proposal for a directive
Article 10 - paragraph 1 - subparagraphs 2 to 5
Article 10 - paragraph 1 - subparagraphs 2 to 5
When a public contract contains sensitive technical specifications that may only be communicated to the successful tenderer, these must not be set out in the contract notice, contract documents or additional documents provided that knowledge of the details of such specifications isare not required in order to prepare tenders. In this case, these technical specifications ar contract notice shall inform the candidates of the situation, giving general information on the nature or the type of the missing sensitive technical specifications. Subsequently, these technical specifications shall be entered in the reports referred to in Article 28 before the contract documents are sent to the candidates. Such technical specifications may only deal with explanations of clarifications of the tender and have no significant technical or financial impact on the subject-matter of the public contract. After awarding the contract by applying the award criteria, the contracting authority shall send the successful tenderer the sensitive technical specifications that were not set out in the contract documents or additional documents so that the successful tenderer can adapt his bid accordinglytake those specifications into account in the performance of the contract.
Amendment 85 #
2007/0280(COD)
Proposal for a directive
Article 10 - paragraph 2
Article 10 - paragraph 2
2 Technical specifications shall afford equal access for tenderers and not have the effect of creating unjustified obstacles to the opening up of public procurement to competition. However, before launching a procedure for the award of a contract, contracting authorities may in the pre- competition phase, either through a technical dialogue, studies or R&D, seek advice from a contractor, the results of which may be used in the preparation of the specification, as long as such advice does not have the effect of appreciably restricting competition.
Amendment 87 #
2007/0280(COD)
Proposal for a directive
Article 14 - paragraph 2 - point a
Article 14 - paragraph 2 - point a
a) proof that the subcontractors already identifiedsufficient information about proposed subcontractors to enable the contracting authority to determine whether each subcontractor possesses the capabilities required to protect the confidentiality of, and to safeguard the sensitive information to which they will have access or which they are required to produce when carrying out their subcontracting activities,
Amendment 88 #
2007/0280(COD)
Proposal for a directive
Article 14 - paragraph 2 - point b
Article 14 - paragraph 2 - point b
b) a commitment to provide the same proof forinformation about any new subcontractors that may be involved during performance of the contract,
Amendment 89 #
2007/0280(COD)
Proposal for a directive
Article 14 - paragraph 2 - point c
Article 14 - paragraph 2 - point c
c) a commitment to keepsafeguard and protect the confidentiality of all sensitive information confidentialin its possession for the entire duration of the contract and after termination or conclusion of the contract.
Amendment 92 #
2007/0280(COD)
Proposal for a directive
Article 15 - paragraph 2 - point a
Article 15 - paragraph 2 - point a
a) evidence that it will be able to honour its obligationscertification or documentation to support the basis of the tender regarding the export, transfer and transit of goods associated with the contract, including by means of a commitmentsupporting documentation received from the Member State(s) concerned,
Amendment 95 #
2007/0280(COD)
Proposal for a directive
Article 15 - paragraph 2 - point b
Article 15 - paragraph 2 - point b
b) evidence thatcertification or documentation to support the extent to which the organisation and location of its supply chain will allow it to comply with the contracting authority's requirements concerning the security of supply set out in the specifications,
Amendment 96 #
2007/0280(COD)
Proposal for a directive
Article 15 - paragraph 2 - point c
Article 15 - paragraph 2 - point c
c) a commitment on terms and conditions to be agreed to meet additional needs required by the contracting authority as a result of an emergency, crisis or armed conflict,
Amendment 98 #
2007/0280(COD)
Proposal for a directive
Article 15 - paragraph 2 - point e a (new)
Article 15 - paragraph 2 - point e a (new)
(ea) a commitment on terms and conditions to be agreed to establish, and/or maintain, capacity, for the purpose of meeting additional needs of the contracting authority as a result of an emergency, crisis or armed conflict,
Amendment 100 #
2007/0280(COD)
Proposal for a directive
Article 15 - paragraph 3
Article 15 - paragraph 3
The requirements shall be explained in the specifications ofr contract documents. The contract shall provide for compensation to the contractor where any requirements which, when fulfilled, give rise to direct losses or damages incurred by the contractor as a result of precedence being given by the contractor in order to meet an urgent requirement of the contracting authority.
Amendment 108 #
2007/0280(COD)
Proposal for a directive
Article 20 - paragraph 2 - point b a (new)
Article 20 - paragraph 2 - point b a (new)
(ba) when the protection of the essential interests of the Member State so requires and when it is deemed necessary and proportionate to the legitimate public security objective pursued.
Amendment 109 #
2007/0280(COD)
Proposal for a directive
Article 20 - paragraph 3
Article 20 - paragraph 3
3. For public service contracts and public supply contracts, the negotiated procedure without prior publication of a contract notice may be applied: a) for research and development services and for products manufactured purely for the purpose of research, experiment, study or development, with the exception of quantity production to establish commercial viability or to recover research and development costs; or b) for the combined development and production of equipment where either: (i) the production phase immediately follows the development phase; or (ii) the contracted development and production phases overlap on one or more occasions in the process of finalising the design of the equipment, when in the opinion of the contracting authority the development and production must be combined for demonstrable reasons, provided that those contracts are intended to fulfil national defence requirements, either directly or through cooperative projects.
Amendment 113 #
2007/0280(COD)
Proposal for a directive
Article 21 - paragraph 2 - subparagraph 4
Article 21 - paragraph 2 - subparagraph 4
The term of a framework agreement may not exceed fiseven years, save in exceptional cases duly justified, in particular, by the subject of the framework agreement.
Amendment 131 #
2007/0280(COD)
Proposal for a directive
ANNEX I - Row 4 a (new)
ANNEX I - Row 4 a (new)
Category Descrip- CPV tion of Reference Nos services (4a) Rail 60200000-0, transport 60220000-6 services
Amendment 132 #
2007/0280(COD)
Proposal for a directive
ANNEX I - Row 4 b (new)
ANNEX I - Row 4 b (new)
Amendment 61 #
2007/0279(COD)
Proposal for a directive
Article 4 - paragraph 4
Article 4 - paragraph 4
4. Member States shall determine the terms and conditions of transfer licences, in particular any limitations on the export of defence-related products to recipients in third countries, having regard to the risks for preservation of human rights, peace, security and stability created by the transfer. Member States may use the possibility to request end-user certificates. Member States may pursue and extend existing intergovernmental cooperation in order to achieve the objectives of this directive.