894 Amendments of Klaus-Heiner LEHNE
Amendment 68 #
2013/2077(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
REFIT 14a. Regrets that the Commission intends to withdraw its proposal on the statute of a European private company which Parliament called for in a legislative own- initiative report and asks the Commission to consult the Parliament before withdrawing any proposal that is based on a legislative own-initiative report;
Amendment 21 #
2013/2031(REG)
Rule 6 a – paragraph 1 – subparagraph 2 (new)
Where national law is applicable to a procedure for the defence of immunity pursuant to Article 9, first paragraph, point a, of the Protocol on Privileges and Immunities, the decision on the defence of immunity shall have the legal effects which the national law in question confers on such decisions.
Amendment 2 #
2013/2023(INI)
Motion for a resolution
Recital B
Recital B
Amendment 4 #
2013/2023(INI)
Motion for a resolution
Recital F
Recital F
Amendment 6 #
2013/2023(INI)
Motion for a resolution
Recital G
Recital G
G. whereas a number of high-profile European court cases on jurisdiction and applicable law in relation to individual employment contracts and industrial action have led to fears that national provisions on employment law could be undermined by European rules which can lead, in certain cases, to the law of one Member State being applied by the court of another Member State; whereas, however, the question of the location of financial damage will be satisfactorily solved by the Court of Justice of the European Union, and a guideline is necessary not only for industrial action but for all torts involving financial damage;
Amendment 7 #
2013/2023(INI)
Motion for a resolution
Recital I
Recital I
Amendment 8 #
2013/2023(INI)
Motion for a resolution
Recital J
Recital J
Amendment 9 #
2013/2023(INI)
Motion for a resolution
Recital L
Recital L
Amendment 10 #
2013/2023(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. RegretBelieves that employment law issues were not sufficiently taken into account in the context of the recast procedure;
Amendment 11 #
2013/2023(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to propose an amendment to the Brussels I Regulation making the following urgent improvements in the field of employment relations: (a) there should be an exclusive forum for disputes concerning industrial action, in line with the Rome II Regulation, in the place where the industrial action is to be or has been taken; (b) in cases where an employee sues an employer, the fall-back clause which applies where there is no habitual place of work should be reworded so as to refer to the place of business from which the employee receives or received day-to-daBelieves that, concerning the liability of a worker or an employer, or of an organisation representing the professional interests of workers or employers, for damages caused by industructions rather than to the engaging place of business; (c) in cases where an employee sues an employer, provision should be made for an additional forum in the Member State from which the employee was recruited if the employer specifically took action to recruit from that Member State and the employment contract recognises continuing connections between the employee and that Member State; (d) in cases where an employer sues an employee, an additional forum of the courts for the habitual place of work should also be available, without any fall- back clause;ial action, Article 5(3) of the Brussels I Regulation should be considered to refer to the place where the industrial action is to be or has been taken.
Amendment 36 #
2013/0185(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Evidence is an important element for bringing actions for damages for infringement of national or Union competition law. However, as antitrust litigation is characterised by an information asymmetry, it is appropriate to ensure that injured parties are afforded the right to obtain the disclosure of evidence relevant to their claim, without it being necessary for them to specify individual items of evidence. In order to ensure equality of arms, those means should also be available to defendants in actions for damages, so that they can request the disclosure of evidence by those injured parties. National courts can also order evidence to be disclosed by third parties. Where the national court wishes to order disclosure of evidence by the Commission, the principle of sincere cooperation between the European Union and the Member States (Article 4(3) TEU) and Article 15(1) of Regulation No 1/2003 as regards requests for information are applicable.
Amendment 38 #
2013/0185(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Relevant evidence should be disclosed upon decision of the court and under its strict control, especially as regards the necessity and proportionality of the disclosure measure. It follows from the requirement of proportionality that disclosure requests can only be triggered once an injured party has made it plausible, on the basis of facts which are reasonably available to him, that the party has suffered harm that was caused by the defendant. The request for disclosure should refer to categories of evidence which are as precise and narrow as possible on the basis of reasonably available facts.
Amendment 39 #
2013/0185(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The requirement of proportionality should also be carefully assessed when disclosure risks unravelling the investigation strategy of a competition authority by revealing which documents are part of the file or causing a negative bearing on the way in which companies cooperate with the competition authority. The disclosure request should therefore not be deemed proportionate when it refers to the generic disclosure of documents in the file of a competition authority relating to a certain case, or of documents submitted by a party in the context of a certain case. Such wide disclosure requests would also not be compatible with the requesting party's duty to specify categories of evidence as precisely and narrowly as possible.
Amendment 43 #
2013/0185(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Leniency programmes and settlement procedures are important tools for the public enforcement of Union competition law as they contribute to the detection, efficient prosecution and sanctioning of the most serious competition law infringements. Undertakings may be deterred from co-operating in this context if disclosure of documents they solely produce to this end were to expose them to civil liability under worse conditions than the co-infringers that do not co-operate with competition authorities. To ensure that undertakings are willing to produce voluntary statements acknowledging their participation in an infringement of Union or national competition law to a competition authority under a leniency programme or a settlement procedure, courts should assess whether such statements should be excepted from disclosure of evidence.
Amendment 44 #
2013/0185(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 45 #
2013/0185(COD)
Proposal for a directive
Recital 26
Recital 26
(26) National rules on the beginning, duration, suspension or interruption of limitation periods should not unduly hamper the bringing of actions for damages. This is particularly important in respect of actions that build upon the competition authority's or a review court's finding of an infringement. To that end, injured parties should still be able to bring an action for damages after proceedings by a competition authority, with a view to enforcing national and Union competition law. Member States should be allowed to maintain or introduce absolute limitation periods that are generally applicable.
Amendment 46 #
2013/0185(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Undertakings which cooperate with competition authorities under a leniency programme play a key role in detecting secret cartel infringements and in bringing these infringements to an end, thereby often mitigating the harm which could have been caused had the infringement continued. It is therefore appropriate to make provision for undertakings which have received immunity from fines from a competition authority under a leniency programme to be protected from undue exposure to damages claims, bearing in mind that the decision of the competition authority finding the infringement may become final for the immunity recipient before it becomes final for other undertakings which have not received immunity. It is therefore appropriate that the immunity recipient is relieved in principle from joint and several liability for the entire harm and that its contribution does not exceed the amount of harm caused to his own direct or indirect purchasers or, in case of a buying cartel, his direct or indirect providers. To the extent a cartel has caused harm to others than the customers/providers of the infringing undertakings, the contribution of the immunity recipient should not exceed his relative responsibility for the harm caused by the cartel. This share should be determined in accordance with the same rules used to determine the contributions among infringing undertakings (recital (27) above). The immunity recipient should remain fully liable to the injured parties other than his direct or indirect purchasers or providers only where they are unable to obtain full compensation from the other infringing undertakings.
Amendment 48 #
2013/0185(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Consumers or undertakings to whom actual loss has been passed on have suffered harm that has been caused by an infringement of national or Union competition law. While such harm should be compensated by the infringing undertaking, it may be particularly difficult for consumers or undertakings that did not themselves make any purchase from the infringing undertaking to prove the scope of that harm. It is therefore appropriate to provide that, where the existence of a claim for damages or the amount to be awarded depends on whether or to what degree an overcharge paid by the direct purchaser of the infringing undertaking has been passed on to the indirect purchaser, the latter is regarded as having brought the proof that an overcharge paid by that direct purchaser has been passed on to his level, where he is able to show prima facie that such passing-on has occurred. It is furthermore appropriate to define under what conditions the indirect purchaser is to be regarded as having established such prima facie proof. As regards the quantification of passing-on, the national court should have the power to estimate which share of the overcharge has been passed on to the level of indirect purchasers in the dispute pending before it. The infringing undertaking should be allowed to bring proof showing that the actual loss has not been passed on or has not been passed on entirely.
Amendment 49 #
2013/0185(COD)
Proposal for a directive
Recital 41
Recital 41
Amendment 65 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall ensure that, where a claimant has presented reasonably available facts and evidence showing plausible grounds for suspecting that he, or those he represents, has suffered harm caused by the defendant's infringement of competition law, national courts can order the defendant or a third party to disclose evidence, regardless of whether or not this evidence is also included in the file of a competition authority, subject to the conditions set out in this Chapter. Member States shall ensure that courts are also able to order the claimant or a third party to disclose evidence on request of the defendant.
Amendment 66 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 70 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 3 – point b a (new)
Article 5 – paragraph 3 – point b a (new)
(ba) the likelihood that the evidence is included in the file of a competition authority;
Amendment 72 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
Amendment 82 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 84 #
2013/0185(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, for the purpose of actions for damages, national courts cannot at any time order a party orshall in general not order a competition a uthird parority to disclose any of the following categories of evidence:
Amendment 95 #
2013/0185(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Disclosure of evidence in the file of a competition authority that does not fall into any of the categories listed in paragraphs 1 or 2 of this Article may be ordered in actions for damages at any time. Article 5 (3)to (7) shall apply mutatis mutandis.
Amendment 96 #
2013/0185(COD)
Proposal for a directive
Article 7
Article 7
Amendment 100 #
2013/0185(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 105 #
2013/0185(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall ensure that the sanctions that can be imposed by national courts are effective, proportionate and dissuasive. The sanctions available to national courts shall include, insofar as the behaviour of a party to damages action proceeding in the event of failure or refusal to comply with any court's dis concerned, the possibility to draw adverse inferences, such as presuming the relevant issue to be proven or dismissing claims and defences in whole or in part, and the possibility to order the payment of costsclosure order or order protecting confidential information.
Amendment 107 #
2013/0185(COD)
Proposal for a directive
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall ensure that the limitation period shall not begin to run before the infringement has ceased an injured party knows, or can reasonably be expected to have knowledge of:
Amendment 108 #
2013/0185(COD)
Proposal for a directive
Article 10 – paragraph 2 – point ii
Article 10 – paragraph 2 – point ii
Amendment 110 #
2013/0185(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 113 #
2013/0185(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall ensure that the limitation period for bringing an action for damages is at least fivethree years but not longer than 10 years.
Amendment 115 #
2013/0185(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 120 #
2013/0185(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the defendant in an action for damages can invoke as a defence against a claim for damages the fact that the claimant passed on the whole or part of the overcharge resulting from the infringement. The burden of proving that the overcharge was passed on shall in general rest with the defendant.
Amendment 122 #
2013/0185(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – introductory part
Article 13 – paragraph 2 – subparagraph 1 – introductory part
In the situation referred to in paragraph 1 of this Article, the indirect purchaser shall be deemed to have proven that a passing- on to him occurred where he has shown that at least:
Amendment 129 #
2013/0185(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point b
Article 13 – paragraph 2 – subparagraph 1 – point b
(b) the infringement resulted in an overcharge for the direct purchaser of the defendant and an overcharge was passed on to him in part or whole; and
Amendment 137 #
2013/0185(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States shall ensure that competition authorities can suspend proceedings for the duration of the consensual dispute resolution process. Following a consensual settlement, a competition authority shall consider the compensation paid or committed to be paid as a mitigating factor when setting fines.
Amendment 139 #
2013/0185(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that, following a consensual settlement, the claim of the settling injured party is reduced by the settling co-infringer's share of the harm that the infringement inflicted upon the injured party. Non-settling co- infringers cannot recover contribution from the settling co-infringer for the remaining claim. Only when the non-settling co- infringers are not able to pay the damages that correspond to the remaining claim can the settling co-infringer be held to pay damages to the settling injured party.
Amendment 38 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 40 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 44 #
2013/0049(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 27 #
2013/0045(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) In 2011, the Commission took note of a debate on-going at all levels on additional taxation of the financial sector. The debate originates from the desire to ensure that the financial sector fairly and substantially contributes to the costs of the crisis and that it is taxed in a fair way vis-à-vis other sectors for the future, to dis-incentivise excessively risky activities by financial institutions, to complement regulatory measures aimed at avoiding future crises, reducing speculations and to generate additional revenue for general budgets or specific policy purpos, inter alia as a contribution to fiscal consolidation or specific policy purposes. The introduction of the financial transaction tax thus shows a positive distribution and steering capacity by appropriately supplementing existing regulatory reform initiatives.
Amendment 36 #
2013/0045(CNS)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The initiative of eleven member states to introduce the financial transaction tax in the framework of enhanced cooperation is a first step in the direction of an EU-wide and lastly a globally coordinated approach.
Amendment 43 #
2013/0045(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) The improvement of the operation of the internal market, in particular the avoidance of distortions between the participating Member States; and to reduce the scope for fraudulent tax avoidance; relocation of risk and regulatory arbitrage, requires that a FTT should appliesy to a broadly determined range of financial institutions and transactions, to trade in a wide range of financial instruments, including structured products, both in the organised markets and ‘"over- the-counter’", as well as to the conclusion of all derivative contracts, including contract for difference (CfDs) and speculative forward transactions, and to material modifications of the operations concerned.
Amendment 47 #
2013/0045(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) With the exception of the conclusion or material modification of derivative contracts, the trade on primary markets and transactions relevant for citizens and businesses such as conclusion of insurance contracts, mortgage lending, consumer credits or payment services should be excluded from the scope of FTT, so as not to undermine the raising of capital by companies and governments and to avoid a negative impact on households and the real economy.
Amendment 59 #
2013/0045(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) In order to prevent tax fraud and, fraudulent tax avoidance, e.g. substitution, and tax evasion the participating Member States should be obliged to adopt appropriate measures.
Amendment 61 #
2013/0045(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Tax avoidance and tax evasion will partly depend on the capacity of Member States to verify taxable transactions carried out outside the justification off FTT. The Commission should establish an expert working group (FTT Committee) comprising representatives from the participating Member States, the European Commission, the ECB and ESMA to access the effective implementation of this Directive. The FTT Committee should supervise financial transactions in order to detect schemes of avoidance, propose countermeasures in a duly manner and coordinate their implementation on national level if required. The FTT Committee should make full use of Union law in the field of taxation and financial service regulation and of the instruments for cooperation on tax matters established by international organisations including the OECD and the Council of Europe.
Amendment 64 #
2013/0045(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) In order to allow the adoption of more detailed rules in certain technical areas, regarding registration, accounting, reporting obligations and other obligations intended to ensure that FTT due to the tax authorities is effectively paid to the tax authorities, and their timely adaptation as appropriate, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of specifying the measures necessary to this effect. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 75 #
2013/0045(CNS)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
(c) the conclusion of derivatives contracts, including contract for difference (CfDs) and speculative forward transactions, before netting or settlement;
Amendment 153 #
2013/0045(CNS)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The participating Member States shall lay down registration, accounting, and reporting obligations and other obligations intended to ensure that FTT due is effectively paid to the tax authorities.
Amendment 154 #
2013/0045(CNS)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission may, in accordance with Article 16 adopt delegated acts specifying thewhich measures, in accordance with applicable secondary Union legislation, are to be taken pursuant to paragraph 1 by the participating Member States.
Amendment 161 #
2013/0045(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
The participating Member States shall adopt measures to prevent tax fraud and, fraudulent tax avoidance and tax evasion.
Amendment 164 #
2013/0045(CNS)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The delegation of powers referred to in Article 11(2) shall be conferred for an indeterminate period of time from the date referred to in Article 219.
Amendment 165 #
2013/0045(CNS)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The delegation of power referred to in Article 11(2) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of theany delegated acts already in force.
Amendment 166 #
2013/0045(CNS)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 167 #
2013/0045(CNS)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. A delegated act adopted pursuant to Article 11(2) shall enter into force only if no objection has been expressed byeither by the European Parliament or the Council within a period of 2 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 hasve both informed the Commission that ithey will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.
Amendment 20 #
2012/2323(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates the decisions taken by the Conference of Presidents in its meetings on 13 January 2011 and 19 April 2012 in relation to delegated and implementing acts, and stresses that Parliament should always insist on the use of delegated acts for all powers delegated to the Commission fulfilling the criteria set out in Article 290 TFEU, and that files in which the institutional rights of Parliament as regards the inclusion of delegated acts are not safeguarded should not be put on the plenary agenda for a vote leading to an agreement; emphasises that Parliament should, already at the start of the negotiations, flag the issue of delegated and implementing acts as a key institutional issue for the Parliament;
Amendment 28 #
2012/2323(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Urges the Commission to fully respect paragraph 15 of the Framework Agreement on relations between the European Parliament and the European Commission, inter alia by simplifying the procedure for inviting Parliament's experts to meetings with national experts, if so requested by the responsible Parliamentary committee; recognises that as a result of attending those meetings the Commission can be invited to the Parliament to have a further exchange of views on the preparation of delegated acts; urges the Commission to apply paragraph 15 of the Framework Agreement also for the parts of meetings of Member States and the Commission where matters other than implementing acts in the sense of Regulation (EU) N° 182/2011 are discussed;
Amendment 37 #
2012/2151(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the report of the Presidents of the European Council, the European Commission, the European Central Bank and the Eurogroup 'Towards a genuine Economic and Monetary Union' is to be welcomed as a vision for the Monetary Union; points out that any further integration needs a solid and reliable fundament consisting of a sound and efficient framework for resolution and recovery of financial institutions, a sound and efficient deposit guarantee framework and sound capital requirements without which no overarching structure such as a "genuine EMU" will be able to exist; calls therefore to wait with the building up of any such structure as long as these three proposals are not yet adopted.
Amendment 2 #
2012/2039(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, due to their diversity, mutual societies in Europe exist within a very fragmenteddiverse framework, as regards the services provided by them, or their dimension, or their mission, or their geographical impact;
Amendment 5 #
2012/2039(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas in some Member States statutory health insurance funds are prohibited from operating as private- sector companies;
Amendment 8 #
2012/2039(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas the lack of a statute still impedes cross-border cooperation and merger of mutuals;
Amendment 9 #
2012/2039(INI)
Motion for a resolution
Annex – Recommendation 1 – indent 1
Annex – Recommendation 1 – indent 1
– to remove all barriers to cross-border cooperation between mutual societies while taking account of their and specific features which are deeply rooted in the respective national legal systems;
Amendment 13 #
2012/2039(INI)
Motion for a resolution
Annex – Recommendation 4 – indent 2
Annex – Recommendation 4 – indent 2
– The statutes of a European mutual society should lay down governance and management rules providing for the following: a general meeting (which can be composed as a meeting of all members or a meeting of delegates of the members), a supervisory organ and a management or administrative organ, depending on the form adopted in the statutes.
Amendment 14 #
2012/2039(INI)
Motion for a resolution
Annex – Recommendation 4 – indent 3
Annex – Recommendation 4 – indent 3
–Each member (natural or legal person) or delegate of the general meeting should have one votin principle have equal votes. Different voting weights should be possible.
Amendment 1 #
2012/2038(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that 2011 was a record year for the art market; total annual revenue was USD 11.57 billion, an increase of over USD 2 billion on 20102 ; stresses that the art and antiques market makes a significant contribution to the global economy, including the business it supports, especially those in the creative industries;
Amendment 6 #
2012/2038(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the Commission's report on the implementation and effect of the Directive and statistics from the sector does not suggest that the resale right has had noa detrimental effect on Europe's art market;
Amendment 7 #
2012/2038(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that several of the Directive's provisions ensure a balanced application of the resale right, taking into account the interests of all stakeholders, in particular the gradual decrease in applicable rates, the EUR 12 500 ceiling on the resale right, the exclusion of small sales and the resale exemption for the first buyer; stresses, however, that the directive places an administrative burden on dealers;
Amendment 13 #
2012/2038(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that art market studies and statistics do not suggest that the resale right has noa detrimental impact on the location of the art market or its turnover;
Amendment 17 #
2012/2038(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages the Commission, in its next assessment report, to reconsider the relevance of applicable rates and the categories of beneficiaries as specified in the Directive and to assess the possibility of a mandatory threshold;
Amendment 19 #
2012/2038(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to work closely with stakeholders to strengthen the European art market's position and to address problems such as the ‘cascade effect’ and the administrative difficulties faced by smaller and specialist auction houses and dealers;
Amendment 6 #
2012/0237(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) European political parties and foundations should be entitled to employ their staff under Article 2 c) of the Conditions of employment of other servants of the European Communities, on an equal footing with the political groups of the European Parliament.
Amendment 19 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) the democratic election of and democratic decision-making processes for all other governing bodies, specifying for each its powers, responsibilities and composition, and including the modalities for the appointment and dismissal of its members and clear and transparent criteria for the selection of candidates which shall be based on a democratic procedure and the election of office-holders, whose mandate must be limited in time but may be renewable,
Amendment 213 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Title II and Title IV, with the exception of Articles 36 and 40, shall also apply to collecting societies established outside the Union which engage in activities in the Union.
Amendment 459 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c a (new)
Article 18 – paragraph 1 – point c a (new)
(c a) the deductions made for management fees in the period concerned;
Amendment 460 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c b (new)
Article 18 – paragraph 1 – point c b (new)
(cb) the deductions made for any purpose other than management fees, including those that may be required by national law for the provision of any social, cultural or educational service in the period concerned.
Amendment 515 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body.
Amendment 523 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where tThe obligation set out in paragraph 1 is implemented by recourse to an independent and impartial dispute resolution body, this shall not prevent the parties from asserting and defending their rights by bringing an action before a court.
Amendment 88 #
2012/0011(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing. However, such measure and which produces legal effects concerning that natural person or significantly affects that natural person. Actual effects should be comparable in their intensity to legal effects to fall under this provision. This is not the case for measures relating to commercial communication, like for example in the field of customer relationship management or customer acquisition. However, a measure based on profiling by automated data processing which produces legal effects concerning a natural person or significantly affects a natural person should be allowed when expressly authorised by law, carried out in the course of entering or performance of a contract, or when the data subject has given his consent. In any case, such processing should be subject to suitable safeguards, including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child.
Amendment 108 #
2012/0011(COD)
Proposal for a regulation
Article 4 – point 2 a (new)
Article 4 – point 2 a (new)
Amendment 144 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (ef) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
Amendment 173 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the purposes of the processing for which the personal data are intended, including the contract terms and general conditions where the processing is based on point (b) of Article 6(1) and the legitimate interests pursued by the controller where the processing is based on point (f) of Article 6(1);
Amendment 178 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority;
Amendment 180 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate, except where the data originate from a publicly available source or where the transfer is provided by law or the processing is used for purposes relating to the professional activities of the person concerned.
Amendment 183 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 4 – point b
Article 14 – paragraph 4 – point b
(b) where the personal data are not collected from the data subject, at the time of the recording or within a reasonable period after the collection, having regard to the specific circumstances in which the data are collected or otherwise processed, or, if a disclosure to another recipient is envisaged, and at the latest when the data are first disclosed, or, if the data shall be used for communication with the person concerned, at the latest at the time of the first communication to that person.
Amendment 202 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 214 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The data subject shall have the right to object, on in the cases of points (d), (e) and (f) of Article 6(1) on predominant and protection-worthy grounds relating to their particular situation, at any time to the processing of their personal data which is based on points (d), (e) and (f) of Article 6(1), unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of. In the case of a justified objection the processing by the controller may no longer refer to theis data subject.
Amendment 227 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguardslawful pursuant to Article 6(1) (a) to (f) of this regulation.
Amendment 396 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 435 #
2012/0011(COD)
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
1. Member States shall provide for exemptions or derogations from the provisions on the gChapter II (General principles in), Chapter II, the rI (Rights of the data subject in), Chapter III, on cV (Controller and processor in), Chapter IV, on the tV (Transfer of personal data to third countries and international organisations in), Chapter V, the iI (Independent supervisory authorities in), Chapter VI and on cI (Co-operation and consistency in) as well as Articles 73, 74, 76 and 79 of Chapter VIII for(Remedies, liability and sanctions) shall not apply to the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression in order to reconcile the right to the protection of personal data with the rules governing freedom of expression.
Amendment 437 #
2012/0011(COD)
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
Amendment 22 #
2011/2181(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that these measures should be proportional toapply irrespective of the size, complexity and type of the company; suggests that in order to define which measures apply, a system of thresholds based on the number of employees and/or the turnover should be set up as long as the company is listed;
Amendment 24 #
2011/2181(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 29 #
2011/2181(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that boards must include independent individuals with a mix of skills, experiences and backgrounds, that this aspect of their composition should be adapted to the complexity of the activities of the company and that it is the responsibility of the Chair to ensure the right balance of skills in the board;
Amendment 39 #
2011/2181(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that non-executive directors must devote sufficient time to the performance of their duties; considers, however, that no one- size-fits-all rules are advisable and the limitsat criteria need to be developed that allow for a limitation to the number of boards on which a non- executive director can serve should be established on an individual basis by each company;
Amendment 45 #
2011/2181(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages disclosure of the remuneration policy and the annual remuneration report, which should be subject to the approval of the assembly of shareholders; stresses however that the disclosure of individual remuneration of executive and non-executive directors would constitute a breach of privacy and should be avoided unless consent is given by the person concerned;
Amendment 58 #
2011/2181(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to amendevaluate by what means shareholders' participation can be further enhanced and believes that amending the shareholders' rights Directive in such a way as to provide for the mandatory introduction of electronic voting in order to encourage shareholders' participation, especially with regard to cross-border shareholderswith regard to cross- border shareholders merits further reflection;
Amendment 39 #
2011/2117(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Sees potential for ADR within the ongoing discussion on collective redress, in particular as an obligatory preliminary stage to any collective redress action; encourages the Commission to explore this issue thoroughly;
Amendment 1 #
2011/2046(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Court of Justice in its judgement Cartesio has not provided the necessary clarification with regard to the transfer of a company's seat as expected by the Commission in its 2007 impact assessment1; ___________ 1 Commission staff working document, Impact assessment on the Directive on the cross-border transfer of registered office, SEC (2007) 1707, Part I, p. 25
Amendment 2 #
2011/2046(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas it is for the legislators and not for the Court to establish on the basis of the Treaty the relevant measures to accomplish the freedom of transfer of seat;
Amendment 3 #
2011/2046(INI)
Bc. whereas company mobility still encounters high administrative burdens as well as social and tax costs as a result of the Commission's statement in its 2007 impact assessment that the "'no action' option seems more proportional as no further EU action is required"1; ___________ 1 Commission staff working document, Impact assessment on the Directive on the cross-border transfer of registered office, SEC (2007) 1707, Part I, p. 39.
Amendment 4 #
2011/2046(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the separation between the registered office and the administrative seat of a company favours the circumvention of the mandatory national company law provisions of the Member State in which the company has its administrative seais one method of exercise of the freedom of establishment;
Amendment 5 #
2011/2046(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the misuse of post-box offices and shell companies should be prevented;
Amendment 6 #
2011/2046(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the cross-border transfer of the registered office of a company should also be permitted only if it is not accompanied by the transfer of the company's real seat;
Amendment 7 #
2011/2046(INI)
Motion for a resolution
Recital I
Recital I
I. whereas employees' participations rights should be preserved through tare of high importance when transferring the seat of a company;
Amendment 8 #
2011/2046(INI)
Motion for a resolution
Recital J
Recital J
J. whereas coherence of the employee participation procedures between the different legislative provisions contained in the company law directives should be ensured; whereas a system in line with that laid down in Directive 2001/85/56/EC, particularly where a company or firm is established by means of transformationa cross-border merger, should be put in place in the case of cross- border transfers;
Amendment 9 #
2011/2046(INI)
Motion for a resolution
Annex – Recommendation 1 – paragraph 2
Annex – Recommendation 1 – paragraph 2
Its scope should be restricted toallow the cross- border transfers of registered offices which are not accompanied by the transfer of the real seat to the same host Member State.
Amendment 10 #
2011/2046(INI)
Motion for a resolution
Annex – Recommendation 3 – paragraph 1
Annex – Recommendation 3 – paragraph 1
The management or board of a company planning a transfer should be required to draw up a report and a transfer plan. Before the management decides on the report and the transfer plan, the representatives of the employees or, if there are no representatives, the employees themselves, should be informed and consulted on the proposed transfer within the meaning of Article 4 of Directive 2002/14/EC.
Amendment 11 #
2011/2046(INI)
Motion for a resolution
Annex – Recommendation 3 – paragraph 3
Annex – Recommendation 3 – paragraph 3
The report should describe and justify the economic, legal and social aspects of the transfer and explain its consequences for the shareholders, creditors and the employees who may examine the report during a specified period which may be not less than one month or more than three months prior to the date of the meeting of shareholders approving the transfer.
Amendment 12 #
2011/2046(INI)
Motion for a resolution
Annex – Recommendation 4 – paragraph 2
Annex – Recommendation 4 – paragraph 2
If the company is managed on the basis of employee participation, the shareholders' meeting may make completion of the transfer conditional on its expressly approving the arrangements for employee participation in the host Member State.
Amendment 14 #
2011/2046(INI)
Motion for a resolution
Annex – Recommendation 5 – paragraph 1
Annex – Recommendation 5 – paragraph 1
The home Member State should verify the legality of the transfer procedure in accordance with its legislation and satisfy itself that the real seat is transferred simultaneously with the registered office.
Amendment 15 #
2011/2046(INI)
Motion for a resolution
Annex – Recommendation 5 – paragraph 4
Annex – Recommendation 5 – paragraph 4
The host Member State should not refuse to register the company if the real seat of that company is not locattransferred into the territory of the host Member State.
Amendment 16 #
2011/2046(INI)
Motion for a resolution
Annex – Recommendation 5 – paragraph 7
Annex – Recommendation 5 – paragraph 7
Amendment 18 #
2011/2046(INI)
Motion for a resolution
Annex – Recommendation 7 – paragraph 3
Annex – Recommendation 7 – paragraph 3
In this case, the legislative provisions on employees' right of involvement should be in line with those set out inf Article 16 of Directive 20015/86/EC shall apply.
Amendment 5 #
2011/2037(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the fundamental issue raised in the Green Paper, namely that of how auditing could be improved, even though in the past there has been no serious evidence to suggest that auditing has not been carried out in accordance with the relevant rules and requirements;
Amendment 6 #
2011/2037(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that the debate on the role of the auditor should take place alongside a reviewstrengthening of the role of the audit committee – now largely ineffective – and of the financial and risk reporting that companies are required to carry out;
Amendment 9 #
2011/2037(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the auditor should be appointed by the audit committee and not by the board of the company to be audited;
Amendment 10 #
2011/2037(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. RSees as yet no sufficient basis for a final assessment, and therefore reminds the Commission that a wide- ranging, in- depth impact assessment is needed, looking at the various political options and, focusing on practical issues in line with the principles of ‘better lawmaking’ and addressing the importance of accounting in providing accurate information about the sustainable economic development of companies;
Amendment 28 #
2011/2037(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view that audit reports should be brief, with clear, concise conclusions, and that they should include an annex containing; considers that the auditor should provide the audit committee with additional explanations on general issues such as the methodology used in drawing up the balance sheet, and specific issues such as, for example, key indicators, materiality figures, assessments additional explanations on general issues such as the methodology used, and specific issues such as key indicators, materiality figures, assessments of the risk involved in the material accounting estimates or materiality judgements made, and any particular problems encountered whilst carrying out the audit;
Amendment 49 #
2011/2037(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that, in order to guaranteeRegards external rotation as a means of strengthening the independence of auditors, auditing contracts should run for no longer than eight years; takes the view that an initial contract should be concluded for four years, renewable only once for a further period of four years, followed by a period of at least four years – eight years for public interest entities – during which the audit firm concerned cannot audit the same company again; considers that there would be a need, at the end of the initial four-year period, for a new team to be appointed from within the audit firmbut reiterates its view that it is not external rotation but rather regular changes in internal auditors which represents the best regulatory solution, as confirmed by Directive 2006/43/EC;
Amendment 64 #
2011/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that there should be a ban onclear demarcation between the auditing services and services other than auditing beingthat an audit firm provideds to the audited company, as this would pose a risk to the auditor’s independence; takes the view, furthermore, thaa customer, with a view to avoiding conflicts of interest uander no circumstances should internal and external auditing services be provided simultaneously in accordance with codes of auditing practice; points out that this wcould restrict ‘lowballing’, the practice of offering cut- price auditing with a view to obtaining compensation by charging for additional services; therefore takes the view that the bademarcation must apply to all firms and their clients, particularly where major audit firms are concerned;
Amendment 76 #
2011/2037(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Takes the view that the rules guaranteeing the independence of auditors and audit quality must undergo a detailed review by a supervisory body entirely independent of the profession;
Amendment 97 #
2011/2037(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that there is a need to create, or encourage the creation of, a voluntary code of ethics for the Big Four firms, encouraging them to restrict their own growth in the area of statutory auditing, thereby protecting the development of medium-sized audit firms, which would ultimately also be beneficial for the survival of the major firms themselves;
Amendment 107 #
2011/2037(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to bring in a system of compulsory tendering on a periodic basis for public interest entities, under which at least one non-Big Four company would have to be included, in connection with tendering by public interest entities, to stipulate that at least two further firms must be involved alongside the Big Four companies; takes the view that the audit committee must be given a key role in this process, in which shareholders must also take part;
Amendment 115 #
2011/2037(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the CommissionTakes the view that auditing is crucial to the process of revitalising the internal market; calls on the Commission to examine to what extent measures to facilitate the cross-border provision of auditing services might serve to eliminate barriers to market access and capacity bottlenecks; calls on the Commission to examine to what extent a European market for auditing services might serve to reduce procedural complexity and costs for all market participants, in particular small and medium-sized auditing firms; urges the Commission to take all appropriate steps to incorporate into EU law and enforce international auditing standards which can help to establish genuinely equal competitive conditions for auditing firms; reminds the Commission of its recommendations concerning auditor liability; calls on the Commission, against this background, to come forward with proposals aiming to enhance harmonisation as a way of creating a European passport for auditors;
Amendment 7 #
2011/2026(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Observes that, pursuant to Article 6 of the Directive, the majority of Member States have a procedure for giving the mediation settlement agreement the same authority as a judicial decision; notes that this is achieved either by submitting it to the court or having the agreement notarised, and that it appears that mostsome national legislations have opted for the former solution; by contrast, in many Member States, notarisation is also an available option under national law: for instance, whereas in Greece and Slovenia the law provides that a mediation agreement record may be enforced by the courts, in the Netherlands and in Germany agreements can be rendered enforceable as notarial deedsacts, and in other Member States, including Austria, they can, as the law currently stands, be rendered enforceable as notarial acts despite the lack of any explicit provision to that effect in the relevant national legislation;
Amendment 6 #
2011/2013(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, in the wake of the global financial crisis, it appears more important than ever to provide a coherent European contract law regime in order to realise the full potential of the internal market and thus help meet our Europe 2020 goals,
Amendment 32 #
2011/2013(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas gradual harmonisation does not effectively overcome obstacles in the internal market resulting from diverging national contract laws,
Amendment 42 #
2011/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Favours the option of setting up an optional instrument (OI) by means of a regulation; believes that such an OI could be complemented by a ‘toolbox’ that shcould be endorsed by means of an interinstitutional agreement;
Amendment 45 #
2011/2013(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that only by using the legal form of a Regulation can the necessary clarity and legal certainty be provided;
Amendment 59 #
2011/2013(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that all parties, be it in B2B or B2C transactions, should be free to choose or not to choose the OI as an alternative to national or international law (opt-in) and therefore calls on the Commission to clarify the intended relationship of an OI with the Rome I Regulation and international conventions including the United Nations Convention on Contracts for the International Sale of Goods (CISG);
Amendment 76 #
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 OI must offer a very high level of consumer protection would need to be high, as mandatory national provisions, including in the area of consumer law, would be replaced; believes therefore the level of consumer protection should be higher than the minimum protection provided by the Consumer Acquis and cover as many national mandatory rules as possible; considers that this high level of consumer protection is also in the interests of businesses as they will only be able to reap the benefits of the OI if consumers of all Member States are confident that choosing the OI will not deprive them of protection;
Amendment 93 #
2011/2013(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that the scope of a ‘toolbox’ could be quite broad, whereas any OI should be limited to the core contractual law issues; 1 Von Bar, Cbelieve, Schulte-Nölke et al. (eds.), Principles, Definitions and Modes that a 'toolbox' should remain coherent with the OI and contain additional Rrules of European Private Law –derived from, inter alia, the academic Draft Common Frame of Reference (DCFR), 2008. 2 B. Fauvarque-Cosson, D. Mazeaud (dir.), collection 'Droit privé comparé et européen' , Volumes 6 and 7, 2008.1 and the 'Principes contractuels communs' and 'Terminologie contractuelle commune'2; Or. en
Amendment 100 #
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 and based on the Principles of European Insurance Contract Law (PEICL)1, 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 1 Project Group “Restatement of European Insurance Contract Law”, status 2009, see: http://www.restatement.info. certain types of complex public law contracts;
Amendment 110 #
2011/2013(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that whilst an OI will have the effect of providing a single body of law, there will still be a need to seek provision of standard terms and conditions of trade which can be produced in a simple and comprehensible form, available off-the- shelf for SMEs and with some form of trust mark system to ensure consumer confidence; notes that standard contract terms and conditions based upon an OI would offer greater legal certainty than EU-wide standard terms based upon national laws which would increase the possibility for differing national interpretations;
Amendment 114 #
2011/2013(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that further work on cross- border alternative dispute resolution (ADR), 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; notes that the UNCITRAL Working Group on Online Dispute Resolution has also shown interest in an OI as a means to facilitate ADR1 and therefore recommends that the Commission follows developments within the other international bodies;
Amendment 130 #
2011/2013(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls, in accordance with Better Lawmaking principles, the need for a comprehensive and broad impact assessment, analysing different policy options, including that of not taking Union action, and focusing on both practical issues and the relative impacts of the options on national legal systems;
Amendment 131 #
2011/2013(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Insists that Parliament should be fully consulted and involved in the framework of the ordinary legislative procedure with regard to any future OI to be submitted by the European Commission;
Amendment 18 #
2011/0438(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The results of the Evaluation on the Impact and Effectiveness of EU Public Procurement Legislation demonstrated that the exclusion of certain services from the full application of the Directive should be reviewed. As a result, the full application of this directive is extended to a number of services (such as hotel and legal services, which both showed a particularly high percentage of cross-border trade).
Amendment 112 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 1
Article 75 – paragraph 1
Amendment 113 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
Article 75 – paragraph 3 – subparagraph 1
The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard formsI.
Amendment 114 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2
Article 75 – paragraph 3 – subparagraph 2
Amendment 115 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 4
Article 75 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.
Amendment 125 #
2011/0438(COD)
Proposal for a directive
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic adviceinformation, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and adviceinformation on individual questions.
Amendment 127 #
2011/0438(COD)
Proposal for a directive
Annex XVI– row 1a (new))
Annex XVI– row 1a (new))
CPV Code Description 79611000-0 and from 85000000-9 to Health and social services 85323000-9(except 85321000-5 and 85322000-2) From 74110000-3 to 74114000-1 Legal services 75121000-0, 75122000-7, 75124000-1; Administrative educational, healthcare and from 79995000-5 to 79995200-7; from cultural services 80100000-5 to 80660000-8 (except 80533000-9, 80533100-0, 80533200-1); from 92000000-1 to 92700000-8 (except 92230000-2, 92231000-9, 92232000-6) 75300000-9 Compulsory social security services 75310000-2, 75311000-9, 75312000-6, Benefit services 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1 98000000-3 Other community, social and personal services 98120000-0 Services furnished by trade unions 98131000-0 Religious services
Amendment 462 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point a a (new)
Article 1 – paragraph 1 – point 19 – point a a (new)
Directive 2005/36/EC
Article 25 – paragraph 2
Article 25 – paragraph 2
(aa) Paragraph 2 is replaced by the following: (2) Specialist medical training shall comprise theoretical and practical training at a university or teaching hospital or, where appropriate, a medical care establishment approved for that purpose by the competent authorities or bodies. Member States shall ensure that the minimum requirements in terms of duration and content laid down in Annex V, point 5.1.3, for specialist medical training are complied with. Training shall be given under the supervision of the competent authorities or bodies. It shall include personal participation of the trainee specialised doctor in the activity and responsibilities entailed by the services in question.
Amendment 465 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 – point c
Article 1 – paragraph 1 – point 19 – point c
Directive 2005/36/EC
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The Commission shall be empowered to adopt, in cooperation with European professional associations, delegated acts in accordance with Article 58a concerning the adaptations of the minimum periodsrequirements in terms of the duration and content of training courses referred to in point 5.1.3 of Annex V to scientific and technical progress.
Amendment 723 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 50 a (new)
Article 1 – paragraph 1 – point 50 a (new)
Directive 2005/36/EC
Annex V – V.1 – point 5.1.3 (new)
Annex V – V.1 – point 5.1.3 (new)
(50a) Annex V , point 5.1.3., is replaced by the following: 5.1.3.Types of specialist medical training – Minimum requirements in terms of duration and content
Amendment 26 #
2011/0389(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 30 #
2011/0389(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to increase the confidence in and the liability of the statutory auditors and audit firms carrying out the statutory audit of public-interest entities, it is important that the transparency reporting by statutory auditors and audit firms is increased. Therefore, statutory auditors and audit firms should be required to disclose audited financial information. The transparency reports of audit firms should include a declaration on the application of a corporate governance code, if applicable;
Amendment 31 #
2011/0389(COD)
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) Audit committees, or bodies performing an equivalent function within the audited entity, have a decisive role in contributing to high-quality statutory audit. It is particularly important to reinforce the independence and technical competence of the audit committee by requiring that at least one of its members is independent and that at least one of the members of the committee has competence in auditing and another one in auditing and/or accounting. The Commission Recommendation of 15 February 2005 on the role of non- executive or supervisory directors of listed companies and on the committees of the (supervisory) board1 sets out how audit committees should be established and function. Considering, however, the dimension of boards in companies with reduced market capitalisation and in small and medium-sized public-interest entities, it would be appropriate that the functions assigned to the audit committee for those entities, or to a body performing equivalent functions within the audited entity, may be performed by the administrative or supervisory body as a whole. Public-interest entities which are UCITS or alternative investment funds should also be exempted from the obligation to have an audit committee. This exemption takes into account the fact that where those funds function merely for the purpose of pooling assets, the employment of an audit committee is not appropriate. UCITS and alternative investments funds, as well as their management companies, operate in a strictly defined regulatory environment and are subject to specific governance mechanisms such as controls exercised by their depositary. _____________ 1 OJ L 52, 25.2.2005, p. 51.
Amendment 32 #
2011/0389(COD)
Proposal for a directive
Recital 10 c (new)
Recital 10 c (new)
Amendment 33 #
2011/0389(COD)
Proposal for a directive
Recital 10 d (new)
Recital 10 d (new)
(10d) The right of the general meeting of shareholders or members of the audited entity to choose the statutory auditor or the audit firm would be of no value if the audited entity were to enter into a contract with a third party providing for a restriction of such choice. Therefore any contractual clause entered into by the audited entity with a third party regarding the appointment or restricting the choice of a particular auditor or audit firm should be considered null and void.
Amendment 36 #
2011/0389(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to improve compliance with the requirements of this Directive Member States should foresee administrative pecuniary sanctions on statutory auditors, audit firms and public-interest entities for identified violations. To that end, measures and sanctions should be sufficiently dissuasive, proportionate and consistently enforced. The adoption and publication of sanctions should respect fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, in particular the right to respect for private and family life (Article 7), the right to the protection of personal data (Article 8) and the right to an effective remedy and to a fair trial (Article 47). Member States should ensure that decisions taken by the competent national authorities are subject to the right of appeal to the courts
Amendment 40 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2006/43/EC
Article 2 – point 1 – point c
Article 2 – point 1 – point c
Amendment 46 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2006/43/EC
Article 2 – point 10
Article 2 – point 10
Amendment 62 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 3 – point a – point i
Article 1 – point 3 – point a – point i
Directive 2006/43/EC
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Each Member State shall designate the competent authorityies referred to in Article 32 as authority responsible for approving statutory auditors and audit firms.
Amendment 64 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 3 – point b – point i
Article 1 – point 3 – point b – point i
Directive 2006/43/EC
Article 3 – paragraph 4 – subparagraph 1 – point b
Article 3 – paragraph 4 – subparagraph 1 – point b
Amendment 68 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 3 – point b – point iii
Article 1 – point 3 – point b – point iii
Directive 2006/43/EC
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
Amendment 75 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 2006/43/EC
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The competent authorities referred to in Article 32 shall cooperate in view of achieving a convergence of the requirements set out in this Article. They shall cooperate with the European Securities and Markets Authority (ESMA)EGAOB and the competent authorities referred to in Article X of Regulation [XXX] of [XXX] in so far as such convergence relates to the statutory audit of public-interest entities.
Amendment 87 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2006/43/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The competent authorities referred to in Article 32 shall cooperate in view of achieving a convergence of the requirements of the adaptation period and the aptitude test. They shall enhance the transparency and predictability of the requirements. They shall cooperate with ESMAGAOB and the competent authorities referred to in Article [XXX] Regulation [XXX] of [XXX] in so far as such convergence relates to the statutory audits of public-interest entities.
Amendment 94 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2006/43/EC
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 101 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2006/43/EC
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
Member States shall ensurequire that statutory auditors and audit firms comply with international auditing standards when carrying out statutory audits as long as those standards are in conformity with the requirements of this Directive and of Regulation XX/XX adopted according to paragraph 3. Member States shall require statutory auditors and audit firms to keep records of their work papers for at least five years in accordance with the rules on personal data protection and administrative and judicial proceedings.
Amendment 103 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2006/43/EC
Article 26 – paragraph 1 – subparagraph 2 – introductory words
Article 26 – paragraph 1 – subparagraph 2 – introductory words
Member States may impose audit procedures or requirements in addition to the international auditing standards only if those audit procedures or requirements stem from specific national legal requirements relating to the scope of statutory audits. Member States shall ensure that those audit procedures or requirements comply with the following conditions:
Amendment 104 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2006/43/EC
Article 26 – paragraph 1 – subparagraph 2 – point a
Article 26 – paragraph 1 – subparagraph 2 – point a
Amendment 105 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2006/43/EC
Article 26 – paragraph 1 – subparagraph 2 – point b
Article 26 – paragraph 1 – subparagraph 2 – point b
Amendment 106 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2006/43/EC
Article 26 – paragraph 1 – subparagraph 3
Article 26 – paragraph 1 – subparagraph 3
Amendment 111 #
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
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 48a for the purpose of amending the definition ofdopting or revoking international auditing standards in paragraph 2 of this Article. When using such powers, the Commission shall take into account any amendments brought to the ISAs by the IFAC, the opinion of the Public Interest Oversight Board on such amendments as well as any other developments in auditing and the audit professiondecide on the applicability of international auditing standards within the Union being aware of the proportionality of these standards. The Commission shall adopt international auditing standards for application in the Union only if they (a) have been developed with proper due care, in a transparent manner, under public oversight and are generally accepted internationally; (b) they contribute a high level of credibility and quality to the annual or consolidated financial statements in conformity with the principles set out in Article 4(3) of Directive [xxxx] on the annual financial statements and the consolidated financial statements of certain types of undertakings; (c) are conducive to the Union public good.
Amendment 123 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 15 – point a
Article 1 – point 15 – point a
Directive 2006/43/EC
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall designate athe competent authorityies responsible for the public oversight of statutory auditors and audit firms based on the principles set out in paragraphs 2 to 7.
Amendment 142 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 19
Article 1 – point 19
Directive 2006/43/EC
Chapter X – title
Chapter X – title
Amendment 144 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 19 a (new)
Article 1 – point 19 a (new)
Directive 2006/43/EC
Article 40
Article 40
Amendment 145 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 19 b (new)
Article 1 – point 19 b (new)
Directive 2006/43/EC
Article 41
Article 41
Amendment 146 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 19 c (new)
Article 1 – point 19 c (new)
Directive 2006/43/EC
Articles 42 and 43
Articles 42 and 43
Amendment 151 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 20
Article 1 – point 20
Directive 2006/43/EC
Article 43 a – paragraph 1
Article 43 a – paragraph 1
Member States shall ensure that the application of the auditing standardsrequire the competent authorities in their jurisdiction to recognize, when overseeing the profession and in particular in relation to inspections, that the auditing standards adopted in accordance with Article 26 are applied to the statutory audit of annual or consolidated financial statements of medium-sized undertakingsin a manner that is proportionate to the scale and complexity of the business of those undertakingse entity.
Amendment 168 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 23 a (new)
Article 1 – point 23 a (new)
Directive 2006/43/EC
Chapter XI a (new) – title
Chapter XI a (new) – title
23a. The following Chapter XIa is inserted: ADMINISTRATIVE SANCTIONS AND MEASURES
Amendment 169 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 23 a (new)
Article 1 – point 23 a (new)
Directive 2006/43/EC
Article 47 a (new)
Article 47 a (new)
Article 47a Administrative sanctions and measures Member States shall ensure, in conformity with their national law, that at least the appropriate administrative sanctions and/or measures applicable may be taken in cases of breaches of the provisions of this Directive to the persons responsible for those breaches. Member States shall ensure that those sanctions and measures are effective, proportionate and dissuasive.
Amendment 170 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 23 c (new)
Article 1 – point 23 c (new)
Directive 2006/43/EC
Article 47 b (new)
Article 47 b (new)
Article 47b Publication of sanctions and measures Member States shall provide that every administrative measure or sanction imposed for breach of this Directive shall be published without undue delay, unless such publication would seriously jeopardise the stability of financial markets. Where publication would cause disproportionate damage to the parties involved, competent authorities shall publish the measures and sanctions on an anonymous basis. The publication of sanctions shall respect fundamental rights as laid down in the EU Charter of Fundamental Rights, in particular the right to respect for private and family life and the right to the protection of personal data.
Amendment 171 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 23 d (new)
Article 1 – point 23 d (new)
2006/43/EC
Article 47c (new)
Article 47c (new)
Article 47c Appeal Member States shall ensure that decisions taken by the competent authorities in accordance with this Regulation are subject to the right of appeal.
Amendment 75 #
2011/0369(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Since the objective of this Regulation, namely to contribute to the creation of a European area of justice covering all actors in the field of preventive and litigious justice (judges, lawyers, and notaries in their capacity as public office- holders), cannot be sufficiently achieved by the Member States and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 103 #
2011/0369(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) support for main actors, such as support for Member States when implementing and applying Union law and policies; support for key European level network, and including national judicial training institutions and the Academy of European Law (ERA), notably by recognising as part of the eligible costs the salaries of judges and prosecutors participating in programmes organised by those institutions and by ERA; support for key European level networks, national schools and non-governmental organisations whose activities are linked to the implementation of the objectives of the Programme; networking among specialised bodies and organisations, including among legal, judicial and administrative authorities and legal professionals, key European institutes, and national, regional and local authorities at European level; improving the coordination of existing networks; funding of experts' networks; funding of European level observatories. The European Judicial Training Network shall receive an operating grant to co- finance expenditure associated with its permanent work programme.
Amendment 200 #
2011/0359(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Where a cooperative within the meaning of Article 2(14), or a similar entity as referred to in Article 45 of Directive 86/635/EEC, a subsidiary or a legal successor, a savings bank or 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 in Chapter I 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 202 #
2011/0359(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The provision of services other than statutory audit to audited entities by statutory auditors, audit firms or members of their networks may compromise their independence. Therefore, it is appropriate to require the statutory auditor, the audit firm and the members of their network not to provide prohibited non-audit services to their audited entities in the period covered by the financial statements to be audited. The provision of non-audit services by an audit firm to a company would prevent that audit firm from carrying out statutory audit of that company, thus resulting in a reduction of the audit firms available to provide statutory audit, in particular with regard to the audit of large public-interest entities where the market is concentrated. As a result, in order to secure that a minimum number of audit firms is able to provide audit services to large public- interest entities, it is appropriate to request that audit firms of significant dimension focus their professional activity on the carrying out of statutory audit and are not allowed to undertake other services unconnected to their statutory audit function such as consultancy or advisory services.
Amendment 209 #
2011/0359(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 210 #
2011/0359(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 213 #
2011/0359(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 219 #
2011/0359(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 220 #
2011/0359(COD)
Proposal for a regulation
Recital 26
Recital 26
Amendment 230 #
2011/0359(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 232 #
2011/0359(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The cooperation between the competent authorities of the Member States can make an important contribution to ensuring consistently high quality in the statutory audit in the Union. Therefore, the competent authorities of the Member States should cooperate with each other, where necessary, for the purpose of carrying out their supervisory duties regarding statutory audits. They should respect the principle of home-country regulation and oversight by the Member State in which the statutory auditor or audit firm is approved and the audited entity has its registered office. The cooperation between competent authorities would be particularly enhanced if organised within the framework of the Joint Committee of European Supervisory Authorities (ESA), under the leadership of the European Securities and Markets Authority (ESMA) set up by Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities Market Authority)29. ESMA, with the assistance of the European Banking Authority (EBA) set up by Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority)30 and the European Insurance and Occupational Pensions Authority (EIOPA) set up by Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority)31 ,European Group of Auditors' Oversight Bodies (EGAOB) which should contribute to that cooperation by providing advice and guidelines to national competent authoritiesto the European Commission.
Amendment 237 #
2011/0359(COD)
Proposal for a regulation
Recital 41
Recital 41
Amendment 247 #
2011/0359(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. 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 255 #
2011/0359(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point j
Article 6 – paragraph 1 – subparagraph 1 – point j
(j) a statutory auditor or an audit firm shall have adequate remuneration policies providing sufficient performance incentives to secure audit quality. In particular, the compensation and performance evaluation of employees, including key audit partners, shall not be contingent on the amount of revenue that the statutory auditor or the audit firm derives from the audited entityselling non-assurance services to the audited entity; this does not preclude normal profit-sharing arrangements between partners of a firm;
Amendment 272 #
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 278 #
2011/0359(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Prohibition of the provision of non-audit services
Amendment 301 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) an audit of the financial information of a group component, an audit of one or more account balances, classes of transactions or disclosures relating to the likely significant risks of material misstatement of the group financial statements; specified audit procedures relating to the likely significant risks of material misstatement of the group financial statements.
Amendment 331 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point v a (new)
Article 10 – paragraph 3 – subparagraph 3 – point a – point v a (new)
(va) legal or tax advisory services that extend beyond the presentation of structuring alternatives and that would have a direct and material impact on the financial statements to be audited;
Amendment 386 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 3
Article 10 – paragraph 4 – subparagraph 3
Amendment 408 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 415 #
2011/0359(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 429 #
2011/0359(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The statutory auditor(s) or the audit firm(s) shall comply with the international auditing standards referred to inas adopted under Article 26 of Directive 2006/43/EC when carrying out the statutory audit of public-interest entities as long as those standards are in conformity with the requirements of this Regulation.
Amendment 439 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point c a (new)
Article 22 – paragraph 2 – point c a (new)
(ca) report on - whether the management report has been prepared in accordance with the applicable legal requirements - whether according to the auditor's knowledge and understanding of the undertaking and its environment obtained during the course of the audit, the management report as a whole suitably presents the undertaking's position, the opportunities and principal risks and uncertainties of its likely future development.
Amendment 440 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point e
Article 22 – paragraph 2 – point e
Amendment 450 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point t
Article 22 – paragraph 2 – point t
(t) give an opinion which shall state clearly the opinion of the statutory auditor(s) or the audit firm(s) as to whether the annual or consolidated financial statements as well as the management report give a true and fair view and have been prepared in accordance with the relevant financial reporting framework and, where appropriate, whether the annual or consolidated financial statements as well as the management report comply with statutory requirements; the audit opinion shall be either unqualmodified, qualified, an adverse opinion or, if the statutory auditor(s) or audit firm(s) are unable to express an audit opinion, a disclaimer of opinion. In case of a qualified or an adverse opinion or a disclaimer of opinion, the report shall explain the reasons of such decision;
Amendment 453 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point w
Article 22 – paragraph 2 – point w
Amendment 458 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
Amendment 460 #
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 committee of the audited entity.
Amendment 471 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point a a (new)
Article 23 – paragraph 2 – point a a (new)
(aa) if not already disclosed in the management report or the annual financial statements for the same financial year, indicate the date of the appointment of the statutory auditor(s) or the audit firm and the period of total uninterrupted engagement including previous renewals and reappointments of the statutory auditor(s) or the audit firm;
Amendment 480 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point h a (new)
Article 23 – paragraph 2 – point h a (new)
Amendment 481 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point j
Article 23 – paragraph 2 – point j
Amendment 485 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The statutory auditor or audit firm has to discuss the additional report with the audit committee.
Amendment 503 #
Amendment 506 #
Amendment 508 #
Amendment 510 #
2011/0359(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 513 #
2011/0359(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 514 #
Amendment 529 #
Amendment 630 #
2011/0359(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 636 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
Each Member State shall designate a competent authorityies responsible for carrying out the tasks provided for in this Regulation and for ensuring that the provisions of this Regulation are applied.
Amendment 640 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – point c
Article 35 – paragraph 1 – subparagraph 2 – point c
(c) the competent authorityies referred to in Article 32 of Directive 2006/43/EC.
Amendment 662 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 1
Article 38 – paragraph 5 – subparagraph 1
Where a cooperative within the meaning of Article 2(14) of Directive 2006/43/EC or a similar entity as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national law to be a member of a non-profit-making auditing entity, the competent authority referred to in Article 35(1) may decide that certain provisions set out underMember States may decide that this Regulation shall not apply to the statutory audit of such entity provided that the principles of independence laid down in Chapter I of this Regulation are complied with by the statutory auditor carrying out the statutory audit and by persons who may be in a position to influence the statutory audit. For the purpose of deciding upon such exceptional situations of non-application of certain provisions of this Regulation, the competent authority referred to in Article 35(1) shall consult the supervisory authority of the cooperative or the similar entity where appropriate.
Amendment 663 #
2011/0359(COD)
Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 2
Article 38 – paragraph 5 – subparagraph 2
Amendment 672 #
2011/0359(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
ESMAuropean Group of Auditors' Oversight Bodies (EGAOB).
Amendment 673 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1
Article 46 – paragraph 1 – subparagraph 1
The cooperation between competent authorities shall be organised within the framework of ESMAGAOB.
Amendment 677 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 2
Article 46 – paragraph 1 – subparagraph 2
Amendment 678 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 3
Article 46 – paragraph 1 – subparagraph 3
ESMAGAOB shall cooperate with EBA and, EIOPA within the framework of the Joint Committee of the European Supervisory Authorities established in Article 54 of Regulation (EU) No 1095/2010and ESMA.
Amendment 681 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 4
Article 46 – paragraph 1 – subparagraph 4
ESMAGAOB shall take over, as appropriate, all existing and ongoing tasks from the European Group of Auditors Oversight Bodies (EGAOB) created by Decision 2005/909/EC.
Amendment 682 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. ESMAGAOB shall provide advice to the competent authorities in the cases provided for in this Regulation. The Competent authorities shall consider that advice before taking any final decision under this Regulation.
Amendment 684 #
Amendment 688 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
Amendment 696 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
Amendment 720 #
Amendment 731 #
2011/0359(COD)
Proposal for a regulation
Article 68 a (new)
Article 68 a (new)
Article 68 a Organization of EGAOB The EGAOB shall organize its own operational arrangements and adopt its own rules of procedure. The rules of procedure shall amongst others stipulate the election of a chairperson from among its members, funding arrangements by the members and the establishment of working groups. The EGAOB shall publish an annual report. The EGAOB shall take up its duties at the latest on X.X.20XX [three months after the entry into force of the Regulation].
Amendment 740 #
Amendment 22 #
2011/0307(COD)
Proposal for a directive
Recital 6
Recital 6
Amendment 28 #
2011/0307(COD)
Proposal for a directive
Recital 10
Recital 10
(10) A harmonised regime for notification of major holdings of voting rights, especially regarding aggregation of holdings of shares with holdings of financial instruments, should improve legal certainty, enhance transparency and reduce administrative burden for cross-border investors. Member States should therefore not be allowed to adopt stricter or divergent rules in that area than those provided in Directive 2004/109/EC. However, taking into account the existing differences in ownership concentration in the Union, Member States should continue to be allowed to set lower thresholds for notification of holdings of voting rights. Member States should also be able to continue to apply laws, regulations or administrative provisions adopted in relation to take-over bids, merger transactions and other transactions affecting the ownership or control of companies regulated by the supervisory authorities appointed by Member States pursuant to Article 4 of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids1 that impose disclosure requirements more stringent than those in Directive 2004/109/EC. _______________ 1 OJ L 142, 30.4.2004, p. 12.
Amendment 30 #
2011/0307(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to take account of technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to modify the method to calculate the number of voting rights relating to financial instruments, to specify the types of financial instruments subject to notification requirements and to specify the contents of notification of major holdings of financial instruments. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drafting up of delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 31 #
2011/0307(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve compliance with the requirements of Directive 2004/109/EC and following the Communication from the Commission of 9 December 2010 entitled ‘Reinforcing sanctioning regimes in the financial sector’, the sanctioning powers of competent authorities should be enhanced and should satisfy certain essential requirements. In particular, competent authorities should be able to suspend in case of most serious and non-negligent breaches the exercise of voting rights for holders of shares and financial instruments who do not comply with the notification requirements insofar as those voting rights exceed the notification thresholds and to impose pecuniary sanctions which are sufficiently high to be dissuasive. To ensure sanctions have a dissuasive effect on the public at large, sanctions should normallmay be published, except in certain well-defined circumstances.
Amendment 36 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2004/109/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The home Member State may not make a holder of shares, or a natural person or legal entity referred to in Articles 10 or 13, subject to requirements more stringent than those laid down in this Directive, except (a) setting lower notification thresholds than those laid down in Article 9(1), or (b) applying laws, regulations or administrative provisions adopted in relation to takeover bids, merger transactions and other transactions affecting the ownership or control of companies, regulated by the supervisory authorities appointed by Member States pursuant to Article 4 of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids.
Amendment 41 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2004/109/EC
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 43 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2004/109/EC
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 53 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 8 – point c
Article 1 – point 8 – point c
Directive 2004/109/EC
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
Amendment 54 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 8 – point c
Article 1 – point 8 – point c
Directive 2004/109/EC
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
Amendment 57 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2004/109/EC
Article 28 a – paragraph 2 – introductory part
Article 28 a – paragraph 2 – introductory part
2. Without prejudice to the supervisory powers of competent authorities in accordance with Article 24 and the right of the Member States to impose administrative and criminal sanctions, Member States shall ensure that in the cases referred to in paragraph 1 of this Article, the administrative sanctions and measures that can be applied include at least the following:
Amendment 58 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2004/109/EC
Article 28 a – paragraph 2 – subparagraph 1 – point a
Article 28 a – paragraph 2 – subparagraph 1 – point a
Amendment 60 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2004/109/EC
Article 28 a – paragraph 2 – subparagraph 1 – point c
Article 28 a – paragraph 2 – subparagraph 1 – point c
(c) in case of most serious and non- negligent breaches the power to suspend the exercise of voting rights attached to shares admitted to trading on a regulated market if the competent authority finds that the provisions of this Directive, concerning notification of major holdings have been infringed by the holder of shares or other financial instruments, or a person or entity referred to in Articles 10 or 13, insofar as those voting rights exceed the notification thresholds;
Amendment 61 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2004/109/EC
Article 28 a – paragraph 2 – subparagraph 1 – point d
Article 28 a – paragraph 2 – subparagraph 1 – point d
(d) in case of a legal person, administrative pecuniary sanctions of up to 102 % of the total annual turnover of that legal person in the preceding business year;
Amendment 62 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2004/109/EC
Article 28 a – paragraph 2 – subparagraph 1 – point e
Article 28 a – paragraph 2 – subparagraph 1 – point e
(e) in case of a natural person, administrative pecuniary sanctions of up to EUR 51 000 000;
Amendment 63 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2004/109/EC
Article 28 a – paragraph 2 – subparagraph 1 – point f
Article 28 a – paragraph 2 – subparagraph 1 – point f
Amendment 64 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2004/109/EC
Article 28 a – paragraph 2 – subparagraph 3
Article 28 a – paragraph 2 – subparagraph 3
For the purposes of point (e) of the first subparagraph, in the Member States where the Euro is not the official currency, the corresponding value to EUR 51 000 000 in the national currency shall be calculated taking into account the official exchange rate on [the date of entry into force of this Directive – insert date].
Amendment 65 #
2011/0307(COD)
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2004/109/EC
Article 28 b
Article 28 b
Member States shall ensurprovide that the competent authorities may publish any sanction or measure imposed for breach of the national provisions adopted in the implementation of this Directive without undue delay, including information on the type and nature of the breach and the identity of persons responsible for it, unless such publication would seriously jeopardise the stability of financial markets. Where, unless such publication would cause a disproportionate damage to the parties involved, competent authorities shall publ or seriously jeopardishe the sanctions on an anonymous basitability of financial markets or ongoing official investigations.
Amendment 64 #
2011/0204(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
ca) testamentary and inheritance law.
Amendment 65 #
2011/0204(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c b (new)
Article 2 – paragraph 2 – point c b (new)
cb) property claims arising out of a matrimonial relationship or a relationship deemed by the law applicable to such relationship to have comparable effects to marriage;
Amendment 68 #
2011/0204(COD)
Proposal for a regulation
Article 4 – point 7
Article 4 – point 7
7. "claim" means an existing due claim for payment of a specific or determinable sum of money;
Amendment 71 #
2011/0204(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) that without the issue of the order the subsequent enforcement of an existent or future title against the defendant is likely to be impeded or made substantially more difficult, including because there is the immediate real risk that the defendant might remove, dispose of or conceal assets held in the bank account or accounts to be preserved.
Amendment 73 #
2011/0204(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
b) the name and address, address, date of birth and, if possible, national identity card or passport number of the defendant, and, where applicable, the defendant'’s representative;
Amendment 78 #
2011/0204(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where tThe competent court considers that it cannot issue the EAPO without additional evidence, it may admit such evidence in the form of written statements of witnesses or expertsshall hear evidence using the most suitable method provided for under the national law of the Member State concerned.
Amendment 82 #
2011/0204(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Exemption from the requirement to provide a security deposit or assurance In exceptional cases the competent court may exempt the claimant from the requirement to provide a security deposit or an assurance in accordance with Article 12 if it considers this superfluous, in particular on account of the claimant’s circumstances.
Amendment 85 #
2011/0204(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
b) the name and address, address, date of birth and, if possible, national identity card or passport number of the defendant, and, where applicable, the defendant'’s representative;
Amendment 86 #
2011/0204(COD)
Proposal for a regulation
Article 16 – point a
Article 16 – point a
a) the full name of the defendantwhere the defendant is a natural person, his or her full name and, if possible, date of birth or national identity card or passport number,
Amendment 89 #
2011/0204(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where the claimant does not dispose of all the account information required pursuant to Article 16, that claimant may, following the commencement of proceedings on the substance of the matter, request that the competent authority of the Member State of enforcement obtain the necessary information in order to identify the debtor’s bank account or accounts. Such request shall be made in the application for an EAPO.
Amendment 94 #
2011/0204(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. In cases referred to in Article 5(1), tThe cCourt shall issue the EAPO within 7 calendar days ofout undue delay after the lodging of the application at the latest.
Amendment 95 #
2011/0204(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 96 #
2011/0204(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 105 #
2011/0204(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Where the review is justified on one of the grounds laid down in paragraph 1, the court shall give its decision setting aside or modifying the EAPO accordingly, within 30 calendar days at the latest from the service of the application to the claimantout undue delay.
Amendment 106 #
2011/0204(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. If the application is justified, the court shall give its decision setting aside or modifying the EAPO accordingly, within 30 calendar days at the latest from the service of the application to the claimantout undue delay.
Amendment 109 #
2011/0060(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) To facilitate theregistered partners'’ management of their property, the law of the Member State where the partnership was registered will apply to all the partners' property, even if this law is not the law of a Member State. is Regulation should authorise them to choose the law applicable to their property, regardless of the nature or location of the property, among the legal systems with which they have close links because of residence or their nationality. There is no reason why this choice should be denied to registered partnerships. If the partners choose a law which does not recognise registered partnerships, the choice of law should be considered null and void. The law determined by the objective connection should then be applied. Even though the parties concerned are generally well informed about their rights, the requirement concerning particular legal protection should be countered by the requirement for judicial advice on the impact of the choice of law. This requirement shall be fulfilled, in particular, where the advice is guaranteed by additional formal rules concerning the choice of law, notably on notarisation.
Amendment 114 #
2011/0060(CNS)
Proposal for a regulation
Recital 25
Recital 25
(25) While tThe law applicable to the property consequences of registered partnerships must, under this Regulation, govern the legal relationship between a registered partner and a third party, the conditions for relying on that law should be. However, in the interests of the third party’s protection, neither partner in a legal regulated by the law of the Member State of habitual residence of the partner or the third party, in the interests of the third party's protection. The law of that Member State may thus provide that the partner may invoke the law of his or ionship between one of the partners and a third party should be able to invoke this right if the partner who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to ther property regime against the third party only if the conditions of registration or disclosure laid downof the registered partnership. Exceptions should apply if the third party does not merit protection, in othat Member State have been complied with, unlesser words if the third party was aware or ought to have been aware of the law applicable to the property consequences of the registered partnership, or if the requirements applicable to registration or publicity in the State were complied with.
Amendment 122 #
2011/0060(CNS)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 123 #
2011/0060(CNS)
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Amendment 124 #
2011/0060(CNS)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 125 #
2011/0060(CNS)
Proposal for a regulation
Article 16 b (new)
Article 16 b (new)
Article 16b Formal requirements for a partnership agreement Formal aspects of a partnership agreement shall be governed mutatis mutandis by Article 16a. Any additional formal requirements within the meaning of Article 16(a)(3) shall for the purposes of Article 16(b) relate only to the partnership agreement.
Amendment 131 #
2011/0060(CNS)
Proposal for a regulation
Article 25
Article 25
Under no circumstances may a foreign decision given in a Member State be reviewed as to its substance.
Amendment 132 #
2011/0060(CNS)
Proposal for a regulation
Article 26
Article 26
A court of a Member State in which recognition is sought of a decision given in another Member State is granted may stay the proceedings if an ordinary appeal against the decision has been lodged in the Member State of origin.
Amendment 108 #
2011/0059(CNS)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) To take account of certain rules of the Member States, in particular those for protection of the family home and for assigning rights of use in relations between the spouses, the Regulation should not prevent the application of overriding mandatory rules by the court before which a matter is brought, and should therefore allow a Member State to set aside the application of a foreign law in favour of its own. For this purpose ‘overriding mandatory rules’ should refer to imperative provisions, the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, particularly its political, social or economic organisation. In order, for example, to protect the family home, the Member State where the home is located should be permitted to apply its own law, without prejudice to the transaction protection provisions applicable in the Member State concerned, whose precedence is guaranteed by Article 35.
Amendment 110 #
2011/0059(CNS)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
The law applicable to the matrimonial property regime pursuant to Articles 16 and 17 shall govern, in particular, without prejudice to Article 1(3)(f) and (fa): (a) the division of the spouses’ property into different categories before and after the marriage; (b) the transfer of property from one category to another; (c) liability for the spouse’s debts, where necessary; (d) the spouses’ rights of disposal during the marriage; (e) dissolving and liquidating the matrimonial property regime and division of property in the event of dissolution of the marriage; (f) the impact of the matrimonial property regime on a legal relationship between one of the spouses and a third party on the basis of Article 35. Procedural elements shall be excluded from the scope of the applicable law.
Amendment 111 #
2011/0059(CNS)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
(1) The agreement on the choice of applicable law shall be made in the way specified for the marriage contract, either by the law of the State chosen or by the law of the State in which the document is drawn upreferred to in Article 16 shall be expressed in writing, dated and signed by both spouses. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing.
Amendment 112 #
2011/0059(CNS)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
(2) Notwithstanding paragraph 1, the choice must at least be made expressly in a document dated and signed by both spousesThis agreement shall comply with the formal requirements of the law applicable to the matrimonial property regime or of the law of the State in which the agreement was concluded.
Amendment 113 #
2011/0059(CNS)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
(3) IHowever, if the law of the Member State in which bothe spouses have their common habitual residence at the time of the choice referred to in paragraph 1of applicable law provides for additional formal requirements for this type of agreement or for the marriage contract, these requirements must be complied withshall apply.
Amendment 114 #
2011/0059(CNS)
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
(3a) If the spouses are habitually resident in different States at the time of choice of the applicable law and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.
Amendment 5 #
2010/2080(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, next, there is harmonisation or approximation which lends itself to certain areas where standardisation is desirable, if not essential – e.g. in the area of consumer protection, but recourse to which is limited in the AFJS; secondly, there are forward- looking projects such as the CFR which aim at achieving common legal concepts and could be of great assistance, for instance, in the case of contracts concluded via the internet; consideration should also be given to the so-called optional 28th regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 7 #
2010/2080(INI)
Motion for a resolution
Recital Fa (new)
Recital Fa (new)
Fa. whereas drafting a European Contract Law will be one of the most important initiatives for the AFSJ in the coming years and may result in a so- called optional 28th civil law regime as an alternative to the traditional way of harmonising legislation in specific areas,
Amendment 24 #
2010/2080(INI)
Motion for a resolution
Paragraph 9a (new)
Paragraph 9a (new)
9a. Bearing in mind the ambitious goal of the Stockholm programme to offer European training schemes to half of the judges, prosecutors, judicial staff and other professionals involved in European cooperation before 2014, and its call that for this purpose the existing training institutions in particular should be used, calls for the creation without delay of a European Judicial Academy composed of the European Judicial Training Network and the Academy of European Law to provide such training schemes in the necessary dimension;
Amendment 28 #
2010/2080(INI)
Motion for a resolution
Paragraph 10a (new)
Paragraph 10a (new)
10a. Welcomes the Green Paper of 1 July 2010 on policy options for progress towards a European Contract Law for consumers and businesses[1] and supports the Commission's ambitious initiative towards a European contract law instrument, that can be applied voluntarily by contracting parties; [1] COM(2010)348 final.
Amendment 35 #
2010/2080(INI)
Motion for a resolution
Paragraph 14a (new)
Paragraph 14a (new)
14a. Draws the Commission's attention in the field of company law as it is affected by private international law, to Parliament's resolutions of 10 March 2009 with recommendations to the Commission on the cross-border transfer of the registered office of a company (2008/2196(INI), 4 July 2006 on recent developments and prospects in relation to company law, and 25 October 2007 on the European Private Company and the Fourteenth Company Law Directive on the transfer of the company seat, and to the judgments of the Court of Justice in Daily Mail and General Trust, Centros, Überseering, Inspire Art, SEVIC Systems, and Cartesio;
Amendment 38 #
2010/2080(INI)
Motion for a resolution
Paragraph 14b (new)
Paragraph 14b (new)
14b. Notes that the dictum in Cartesio to the effect that, in the absence of a uniform Union law definition of the companies which may enjoy the right of establishment on the basis of a single connecting factor determining the national law applicable to a company, the question whether Article 49 TFEU applies to a company which seeks to rely on the fundamental freedom enshrined in that article is a preliminary matter which, as Union law now stands, can only be resolved by the applicable national law; further notes that the developments in the field of company law envisaged in the Treaty, as pursued by means of legislation and agreements, have not as yet addressed the differences between the legislation of the various Member States and, accordingly, have not yet eradicated those differences; observes that this evidences a lacuna in Union law; reiterates its call for this lacuna to be remedied;
Amendment 13 #
2010/2016(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the Commission is pursuing a new kind of approach in industrial policy, whereby all political proposals with significant effects on industrthe economy should be analysed in detail as to their impact on competitiveness,
Amendment 34 #
2010/2016(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls, in the context of impact assessments, for an intensive analysis to be carried out on all new policy proposals with significant effects on industrial competitiveness; further calls for an ex- post assessment of the impact of EU legislation on the competitiveness of the European industreconomy; notes that the Commission in fact promised such a procedure in its communication on an Integrated Industrial Policy for the Globalisation Era;
Amendment 2 #
2010/2009(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– Having regard to the INI report of the Committee on Legal Affairs on deontological questions related to companies management (2009/2177(INI)),
Amendment 6 #
2010/0384(NLE)
Motion for a resolution
Recital N
Recital N
N. whereas, to date, twelv more than nine Member States1 have indicated their intention to establish enhanced cooperation between themselves in the area of the creation of unitary patent protection by addressing a request to the Commission in accordance with Article 329(1) TFEU and subsequently the Commission has presented a proposal for a Council decision authorising enhanced cooperation in the area of the creation of unitary patent protection,
Amendment 24 #
2010/0384(NLE)
Motion for a resolution
Recital X a (new)
Recital X a (new)
Xa. whereas the consent of the Parliament concerns the enhanced cooperation and does not prejudge which Member States will participate in it,
Amendment 26 #
2010/0384(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Consents to the proposal for adraft Council decision without prejudice to which are the participating Member States;
Amendment 37 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Staff Regulations of Officials of the European Communities
Article 38 – point f
Article 38 – point f
7a. In Article 38, point (f) shall be replaced by the following: '(f) an official on secondment shall retain his post [...]; during his secondment he shall be advanced to a higher step and [...]promoted in line with the decisions taken pursuant to the second subparagraph of Article 15(1) of the Conditions of Employment of Other Servants.'
Amendment 38 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 7 b (new)
Article 1 – point 7 b (new)
Staff Regulations of Officials of the European Communities
Article 39 – point f
Article 39 – point f
7b. In Article 39, point (f) shall be replaced by the following: '(f) when his secondment ends an official must be reinstated in the first post corresponding to his actual grade which falls vacant in his function group provided that he satisfies the requirements for that post. If he declines the post offered to him he shall retain his right to reinstatement when the next vacancy corresponding to his grade occurs in his function group, subject to the same proviso; if he declines a second time, he may be required to resign after the Joint Committee has been consulted. Until effectively reinstated he shall continue to be on secondment but unpaid.'
Amendment 39 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Staff Regulations of Officials of the European Communities
Annex VII – Article 13 -a (new)
Annex VII – Article 13 -a (new)
Amendment 40 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9 b (new)
Article 1 – point 9 b (new)
Staff Regulations of Officials of the European Communities
Annex VII – Article 13 a
Annex VII – Article 13 a
9b. Article 13a of Annex VII shall be replaced by the following: 'Article 13a Detailed rules for the application of Articles 11, 12, 13 and 13 -a of this Annex shall be laid down by the various institutions under the general implementing provisions.'
Amendment 41 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9 c (new)
Article 1 – point 9 c (new)
Staff Regulations of Officials of the European Communities
Annex VIII – Article 9 – paragraph 2
Annex VIII – Article 9 – paragraph 2
9c. Article 9(2) of Annex VIII shall be replaced by the following: '2. The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply the above reduction to the officials concerned. The total number of officials [...] who retire without any reduction of their pension each year [...] shall not be higher than 10% of the officials in all institutions who retired the previous year. The annual percentage may vary from 8% to 12%, subject to a total of 20% over two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to fix after five years the maximum annual percentage rate between 5% and 10% of all officials in all institutions who retired the previous year, on the basis of Article 336 of the Treaty on the Functioning of the European Union. This provision is without prejudice to Article 39 of the Conditions of Employment of Other Servants.'
Amendment 49 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 8 a (new)
Article 2 – point 8 a (new)
Conditions of Employment of Other Servants of the European Communities
Article 40 a (new)
Article 40 a (new)
8a. The following article shall be inserted: 'Article 40a The Appointing Authority may take a decision to retire a senior temporary agent, as defined by analogy with Article 29(2) of the Staff Regulations, in the interests of the service. Annex IV to the Staff Regulations shall apply mutatis mutandis.'
Amendment 50 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 8 b (new)
Article 2 – point 8 b (new)
Conditions of Employment of Other Servants of the European Communities
Article 40 b (new)
Article 40 b (new)
8b. The following article shall be inserted: 'Article 40b The Appointing Authority may take a decision to assign non-active status to a temporary agent who has become supernumerary by reason of reduction in the number of posts allocated to the Appointing Authority. While possessing this status a temporary agent shall cease to perform his duties and to enjoy his rights to remuneration or advancement. A temporary agent to whom non-active status has been assigned shall receive an allowance calculated, mutatis mutandis, in accordance with Annex IV to the Staff Regulations.
Amendment 53 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 8 a (new)
Article 2 – point 8 a (new)
Conditions of Employment of Other Servants of the European Communities
Article 39 – paragraph 1
Article 39 – paragraph 1
8a. Article 39(1) shall be replaced by the following: '1. On leaving the service, a servant within the meaning of Article 2 shall be entitled to a retirement pension, transfer of the actuarial equivalent or the payment of the severance grant in accordance with Chapter 3 of Title V of, and Annex VIII to, the Staff Regulations. Where the servant is entitled to a retirement pension his pension rights shall be reduced in proportion to the amounts paid under Article 42. Article 9(2) of Annex VIII to the Staff Regulations shall apply under the following conditions: the Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply any reduction to the pension of a temporary servant, up to a maximum of eight temporary servants in all institutions in any one year, in addition to the number of officials qualifying for retirement without any reduction of their pension under Article 9(2) of Annex VIII to the Staff Regulations. The annual number may vary, subject to an average of ten every two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to change after five years the maximum annual number on the basis of Article 336 of the Treaty on the functioning of the European Union.'
Amendment 9 #
2009/2170(INI)
Motion for a resolution
Annex - Article 5 a – paragraph 1
Annex - Article 5 a – paragraph 1
(1) Without prejudice to Article 4(2) and (3), tThe law applicable to a non-contractual obligation arising out of violations of privacy and rights relating to personality, including defamation, shall be the law of the country where the rights of the person seeking compensation for damage are, or are likely to be, directly and substantially affected. However, the law applicable shall be the law of the country in which the person claimed to be liable is habitually resident if he or she could not reasonably foresee substantial consequences of his or her act occurring in the country designated by the first sentencein which the most significant element or elements of the loss or damage occur or are likely to occur.
Amendment 15 #
2009/2170(INI)
Motion for a resolution
Annex – Article 5 a – paragraph 2
Annex – Article 5 a – paragraph 2
(2) When the rights of the person seeking compensation forre the violation is caused by the publication of printed matter or by a broadcast, the country in which the most significant element or elements of the damage are,occur or are likely to be, affected in more than one country, and this person sues in the court of the domicile of the defendant,occur shall be deemed to be the country to which the publication or broadcasting service is principally directed or, if this is not apparent, the country in which editorial control is exercised, and that country's law shall be applicable. The country to which the publication or broadcast is directed shall be determined in particular by the claimant may instead choose to base his or her claim on the law of the court seisednguage of the publication or broadcast or by sales or audience size in a given country as a proportion of total sales or audience size or by a combination of those factors.
Amendment 17 #
2009/2170(INI)
Motion for a resolution
Annex - Article 5 a – paragraph 3
Annex - Article 5 a – paragraph 3
(3) The law applicable to the right of reply or equivalent measures and to any preventive measures or prohibitory injunctions against a publisher or broadcaster regarding the content of a publication or broadcast shall be the law of the country in which the broadcaster or publisher has its habitual residence.
Amendment 19 #
2009/2170(INI)
Motion for a resolution
Annex – Article 5 a – paragraph 3 a (new)
Annex – Article 5 a – paragraph 3 a (new)
(3a) Paragraph 3 shall also apply to a violation of privacy or of rights relating to personality resulting from the handling of personal data.
Amendment 47 #
2009/2140(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Endorses the rule in Shevill; considers, however, that,Argues that as a consequence of Shevill and in order to mitigate the alleged tendency of courts in certain jurisdictions to accept territorial jurisdiction where there is only a weak connection with the country in which the action is brought, a recital should be added to clarify that, in principle,ule could clarify that the courts of that country should accept jurisdiction only where there is a sufficient, substantial or significant link withif the publisher in question is established in that country or if the media was mainly distributed in that country; considers that this would be sufficiently protective of freedom of expression, the right to a private life and the right to one's good reputation;
Amendment 32 #
2009/0161(COD)
Proposal for a directive – amending act
Recital 9
Recital 9
9. Matters subject to technical standards should be genuinely technical, where their development requires the expertise of supervisory experts. The technical standards should determine the conditions of application of the rules included in basic instruments adopted by the European Parliament andof general application should be limited to supplement or amend certain non-essential elements of the basic legislative act. Technical standards should not therefore involve policy choices. In accordance with Article 290 of the Treaty on the CoFuncil and, where applicable, in Commission implementing measures without amending non-essential elements of those acts, inter alia by deleting some of those elements or by supplementing the act by the addition of new non-essential elements. Ttioning of the European Union the Commission should be empowered to adopt those technical standards by means of delegated acts. The conditions to which the delegation is subject should be laid down in the basic legislative act. The Commission should be able to use the expertise of the ESA as set out in the regulations establishing the ESFS. For the sake of consistency, it is therefore appropriate to introduce the procedure for the adoption of technical standards should not thereprovided fore involve policy choices. I Article 7 of Regulations (EC) No. …/…[EBA], No. …/… [ESMA], and No. …/… [EIOPA]. In certain cases where the technical standards are designed to determine the conditions of application of a Commission implementing measure, they should only be developed once the Commission implementing measure has been adopted. In certainthose cases wthere at present the Commission is empowered to adopt implementing measures in accordance with committee procedures pursuant to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, and the content of those implementing measures is limited to determining the conditions of application of rules included in the basic instruments, which do not require further supplementing, it is appropriate for the sake of consistency to introduce the procedure for adoption of technical standards provided for in Article 7 of Regulations (EC) No. …/…[EBA], No. …/… [ESMA], and No. …/… [EIOPA] implementing power should be conferred on the Commission in accordance with Article 291 of the Treaty on the Functioning of the European Union. For the sake of consistency it is appropriate to introduce the procedure of Article 7 a of regulation (EC) N° …. (ESMA). The rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers to be laid down in accordance with Article 291(3) of the Treaty on the Functioning of the European Union should apply.
Amendment 37 #
2009/0161(COD)
Proposal for a directive – amending act
Recital 18
Recital 18
Amendment 38 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 3
Article 2 – point 3
Directive 2002/87/EC
Chapter III – title
Chapter III – title
Amendment 44 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – title
Article 21a – title
Technical Standards Technical Standards - delegated acts
Amendment 45 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – paragraph 1 – subparagraph 1 – introductory part
Article 21a – paragraph 1 – subparagraph 1 – introductory part
1. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Directive, the European Supervisory Authorities, in accordance with Articles 42 of Regulation …/… [EBA], Regulation …/… [EIOPA], and Regulation …/… [ESMA] may develop draftfive years, to adopt by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards, with regard to:
Amendment 46 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – paragraph 1 – subparagraph 1 a (new)
Article 21a – paragraph 1 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 47 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – paragraph 1 – subparagraph 1 b (new)
Article 21a – paragraph 1 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 48 #
2009/0161(COD)
Proposal for a directive – amending act
Article 2 – point 5
Article 2 – point 5
Directive 2002/87/EC
Article 21a – paragraph 1 – subparagraph 2
Article 21a – paragraph 1 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 7 of Regulation …/… [EBA], Regulation …/… [EIOPA], and Regulation …/… [ESMA].
Amendment 56 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2003/6/EC
Article 16 – paragraph 5 – subparagraph 1
Article 16 – paragraph 5 – subparagraph 1
Amendment 57 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2003/6/EC
Article 16 – paragraph 5 – subparagraph 1 a (new)
Article 16 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 58 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2003/6/EC
Article 16 – paragraph 5 – subparagraph 1 b (new)
Article 16 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 59 #
2009/0161(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2003/6/EC
Article 16 – paragraph 5 – subparagraph 2
Article 16 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA].
Amendment 66 #
2009/0161(COD)
Proposal for a directive – amending act
Article 4 – point 1
Article 4 – point 1
Directive 2003/41/EC
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
2. In order to ensure uniThe Commission shall be empowered, form applicat periond of the directive, the European Insurance and Occupational Pension Authority established by Regulation…/…of the European Parliament and of the Council shall develop draft technical standards concerning information provided to the competent authorities. The Authority shall submit those draft technical standards to the Commission by 1 January 2014five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards concerning information provided to the competent authorities.
Amendment 67 #
2009/0161(COD)
Proposal for a directive – amending act
Article 4 – point 1
Article 4 – point 1
Directive 2003/41/EC
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 68 #
2009/0161(COD)
Proposal for a directive – amending act
Article 4 – point 1
Article 4 – point 1
Directive 2003/41/EC
Article 13 – paragraph 2 – subparagraph 1 b (new)
Article 13 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 69 #
2009/0161(COD)
Proposal for a directive – amending act
Article 4 – point 1
Article 4 – point 1
Directive 2003/41/EC
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EIOPA]. ".
Amendment 70 #
2009/0161(COD)
Proposal for a directive – amending act
Article 4 – point 2
Article 4 – point 2
Directive 2003/41/EC
Article 20 – paragraph 11 – subparagraph 1
Article 20 – paragraph 11 – subparagraph 1
11. In order to ensure uniThe Commission shall be empowered, form application of this Directive, the European Insurance and Occupational Pension Authority shall develop draft period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards listing for each Member State provisions of prudential nature relevant to the field of occupational pension schemes which are not covered by the reference to national social and labour law in paragraph 1. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 71 #
2009/0161(COD)
Proposal for a directive – amending act
Article 4 – point 2
Article 4 – point 2
Directive 2003/41/EC
Article 20 – paragraph 11 – subparagraph 1 a (new)
Article 20 – paragraph 11 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 72 #
2009/0161(COD)
Proposal for a directive – amending act
Article 4 – point 2
Article 4 – point 2
Directive 2003/41/EC
Article 20 – paragraph 11 – subparagraph 1 b (new)
Article 20 – paragraph 11 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 73 #
2009/0161(COD)
Proposal for a directive – amending act
Article 4 – point 2
Article 4 – point 2
Directive 2003/41/EC
Article 20 – paragraph 11 – subparagraph 2
Article 20 – paragraph 11 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EIOPA].
Amendment 83 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 1
Article 5 – point 1
Directive 2003/71/EC
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
5. In order to ensure uniform application of paragraph 2 and to take account of technical developments on financial markets, the European Securities and Markets Authority established by Regulation…/…of the European Parliament and of the Council shall develop drafimplementing powers are conferred to the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission according to paragraph 4. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 84 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 1
Article 5 – point 1
Directive 2003/71/EC
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a of Regulation .../.... [ESMA]."
Amendment 89 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 4
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
"3. In order to ensure uniform application of this Article and to take account of technical developments on financial markets, the European Securities and Markets Authority shall develop draftCommission shall be empowered, for a period of five years, to adopt by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the conditions of application of the obligation to provide a supplement to the prospectus in case of a significant new factor, material mistake or inaccuracy relating to the information included in the prospectus. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 90 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 4
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – subparagraph 1 a (new)
Article 16 – paragraph 3 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 91 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 4
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – subparagraph 1 b (new)
Article 16 – paragraph 3 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 92 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 4
Article 5 – point 4
Directive 2003/71/EC
Article 16 – paragraph 3 – subparagraph 2
Article 16 – paragraph 3 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 93 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 6
Article 5 – point 6
Directive 2003/71/EC
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
4. In order to ensure uniform application of this Directive and to take account of technical developments on financial markets, the European Securities and Markets Authority may develop draft technical standards to determine the condiCommission shall be empowered, for a period of five years, to adopt technical standards, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of applicatthe European Union, relating to the procedures for the notification of the certificate of approval, the copy of the prospectus, the translation of the summary and any supplement to the prospectus.
Amendment 94 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 6
Article 5 – point 6
Directive 2003/71/EC
Article 18 – paragraph 4 – subparagraph 1 a (new)
Article 18 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 95 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 6
Article 5 – point 6
Directive 2003/71/EC
Article 18 – paragraph 4 – subparagraph 1 b (new)
Article 18 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 96 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 6
Article 5 – point 6
Directive 2003/71/EC
Article 18 – paragraph 4 – subparagraph 2
Article 18 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 98 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8
Article 5 – point 8
Directive 2003/71/EC
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
4. In order to ensure uniform application of paragraph 2 and to take account of technical developments on financial markets, the European Securities and Markets Authority may develop draft technical standardsCommission shall be empowered to adopt technical standards, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, to specify the conditions of cooperation and exchange of information between competent authorities, including the development of standard forms or templates for such cooperation and exchange of information.
Amendment 99 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8
Article 5 – point 8
Directive 2003/71/EC
Article 22 – paragraph 4 – subparagraph 1 a (new)
Article 22 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 100 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8
Article 5 – point 8
Directive 2003/71/EC
Article 22 – paragraph 4 – subparagraph 1 b (new)
Article 22 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 101 #
2009/0161(COD)
Proposal for a directive – amending act
Article 5 – point 8
Article 5 – point 8
Directive 2003/71/EC
Article 22 – paragraph 4 – subparagraph 2
Article 22 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 112 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 2
Article 6 – point 2
Directive 2004/39/EC
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
4. In order to ensure uniThe Commission shall be empowered, form application of this Article and of Articles 7, 9(2)-(4), 10(1)-(2), and 12, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the requirements and procedures for such authorisation as laid down in this Article and in Articles 7, 9(2)-(4), 10(1)-(2) and 12.
Amendment 113 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 2
Article 6 – point 2
Directive 2004/39/EC
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 114 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 2
Article 6 – point 2
Directive 2004/39/EC
Article 7 – paragraph 4 – subparagraph 1 b (new)
Article 7 – paragraph 4 – subparagraph 1 b (new)
The delegation shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation of powers referred to in the first subparagraph.
Amendment 115 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 2
Article 6 – point 2
Directive 2004/39/EC
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 116 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3
Article 6 – point 3
Directive 2004/39/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
8. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority shall develop draft technical standards to determine the condifive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of applicationthe European Union, technical standards relating to the list of information required for the assessment of an acquisition as referred to in paragraph 1 and the modalities of the consultation process between the relevant competent authorities as referred to in Article 10 (4). The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 117 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3
Article 6 – point 3
Directive 2004/39/EC
Article 10a – paragraph 8 – subparagraph 1 a (new)
Article 10a – paragraph 8 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 118 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3
Article 6 – point 3
Directive 2004/39/EC
Article 10a – paragraph 8 – subparagraph 1 b (new)
Article 10a – paragraph 8 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 119 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 3
Article 6 – point 3
Directive 2004/39/EC
Article 10a – paragraph 8 – subparagraph 2
Article 10a – paragraph 8 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA].".
Amendment 143 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 4
Article 6 – point 4
Directive 2004/39/EC
Article 31 – paragraph 7 – subparagraph 1
Article 31 – paragraph 7 – subparagraph 1
"7. In order to ensure uniform application of this Article and establish a uniform notification procedure, the European Securities and Markets Authority may develop draft technical standards to determine the condistablish a uniform notification procedure, the Commission shall be empowered to adopt technical standards, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of applicatthe European Union, regarding the obligation to notify information according to paragraphs 2 and 4 and the process of transmitting this information according to paragraphs 3 and 6, including the development of standard forms and templates.
Amendment 144 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 4
Article 6 – point 4
Directive 2004/39/EC
Article 31 – paragraph 7 – subparagraph 1 a (new)
Article 31 – paragraph 7 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 145 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 4
Article 6 – point 4
Directive 2004/39/EC
Article 31 – paragraph 7 – subparagraph 1 b (new)
Article 31 – paragraph 7 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 146 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 4
Article 6 – point 4
Directive 2004/39/EC
Article 31 – paragraph 7 – subparagraph 2
Article 31 – paragraph 7 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 147 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5
Article 6 – point 5
Directive 2004/39/EC
Article 32 – paragraph 10 – subparagraph 1
Article 32 – paragraph 10 – subparagraph 1
"10. In order to ensure uniform application of this Article and establish a uniform notification procedure, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of applicationstablish a uniform notification procedure, the Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards regarding the obligation to notify information according to paragraphs 2 and 4 and the process of transmitting this information according to paragraph 3, including the development of standard forms and templates.
Amendment 148 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5
Article 6 – point 5
Directive 2004/39/EC
Article 32 – paragraph 10 – subparagraph 1 a (new)
Article 32 – paragraph 10 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 149 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5
Article 6 – point 5
Directive 2004/39/EC
Article 32 – paragraph 10 – subparagraph 1 b (new)
Article 32 – paragraph 10 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 150 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 5
Article 6 – point 5
Directive 2004/39/EC
Article 32 – paragraph 10 – subparagraph 2
Article 32 – paragraph 10 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 159 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 1
Article 56 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of paragraphs 1 and 2, the European Securities and Markets Authority may develop draft technical standards to determine the condiThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of applicationthe European Union, technical standards relating to the obligation for competent authorities to cooperate according to paragraph 1 and to the content of the cooperation agreements according to paragraph 2, including the development of standard forms and templates.
Amendment 161 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 1 a (new)
Article 56 – paragraph 6 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 162 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 1 b (new)
Article 56 – paragraph 6 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 163 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 9
Article 6 – point 9
Directive 2004/39/EC
Article 56 – paragraph 6 – subparagraph 2
Article 56 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 165 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 10
Article 6 – point 10
Directive 2004/39/EC
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
"2. In order to ensure uniform application of paragraph 1, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application ofThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the obligation for competent authorities to cooperate in supervisory activities, on-the- spot- verifications, and investigations.
Amendment 166 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 10
Article 6 – point 10
Directive 2004/39/EC
Article 57 – paragraph 2 – subparagraph 1 a (new)
Article 57 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 167 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 10
Article 6 – point 10
Directive 2004/39/EC
Article 57 – paragraph 2 – subparagraph 1 b (new)
Article 57 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 168 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 10
Article 6 – point 10
Directive 2004/39/EC
Article 57 – paragraph 2 – subparagraph 2
Article 57 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 169 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 11
Article 6 – point 11
Directive 2004/39/EC
Article 58 – paragraph 4 – subparagraph 1
Article 58 – paragraph 4 – subparagraph 1
4. In order to ensure uniform application of paragraphs 1 and 2, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application ofThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the obligation to exchange information, including the development of standard forms or templates.
Amendment 170 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 11
Article 6 – point 11
Directive 2004/39/EC
Article 58 – paragraph 4 – subparagraph 1 a (new)
Article 58 – paragraph 4 – subparagraph 1 a (new)
The Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 171 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 11
Article 6 – point 11
Directive 2004/39/EC
Article 58 – paragraph 4 – subparagraph 1 b (new)
Article 58 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 172 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 11
Article 6 – point 11
Directive 2004/39/EC
Article 58 – paragraph 4 – subparagraph 2
Article 58 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 173 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 12
Article 6 – point 12
Directive 2004/39/EC
Article 60 – paragraph 4 – subparagraph 1
Article 60 – paragraph 4 – subparagraph 1
4. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application ofThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the obligation to consult other competent authorities prior to granting an authorisation, including the development of standard forms or templates.
Amendment 174 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 12
Article 6 – point 12
Directive 2004/39/EC
Article 60 – paragraph 4 – subparagraph 1 a (new)
Article 60 – paragraph 4 – subparagraph 1 a (new)
The Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 175 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 12
Article 6 – point 12
Directive 2004/39/EC
Article 60 – paragraph 4 – subparagraph 1 b (new)
Article 60 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council object to such an extension before the expiry of the delegation.
Amendment 176 #
2009/0161(COD)
Proposal for a directive – amending act
Article 6 – point 12
Article 6 – point 12
Directive 2004/39/EC
Article 60 – paragraph 4 – subparagraph 2
Article 60 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 195 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 1 - point b
Article 7 – point 1 - point b
Directive 2004/109/EC
Article 12 – paragraph 9 – subparagraph 1
Article 12 – paragraph 9 – subparagraph 1
9. In order to ensure the uniform application of paragraph 1 of this Article and to take account of technical developments in financial markets, the European Securities and Markets Authority established by Regulation…/…of the European Parliament and of the Council shall develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to establish a harmonised standard form to be used when notifying the required information to the issuer under paragraph 1 of this Article or when filing information under Article 19(3).
Amendment 196 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 1 - point b
Article 7 – point 1 - point b
Directive 2004/109/EC
Article 12 – paragraph 9 – subparagraph 1 a (new)
Article 12 – paragraph 9 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 197 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 1 - point b
Article 7 – point 1 - point b
Directive 2004/109/EC
Article 12 – paragraph 9 – subparagraph 1 b (new)
Article 12 – paragraph 9 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council object to such an extension before the expiry of the delegation.
Amendment 198 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 1
Article 7 – point 1
Directive 2004/109/EC
Article 12 – paragraph 9 – subparagraph 2
Article 12 – paragraph 9 – subparagraph 2
Amendment 199 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2
Article 7 – point 2
Directive 2004/109/EC
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
3. In order to ensure the uniform application of paragraph 1 and to take account of technical developments on financial markets, the European Securities and Markets Authority shall develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to establish a harmonised standard form relating to wthen notifyingication of the required information to the issuer under paragraph 1 or wthen filing of information under Article 19(3).
Amendment 200 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2
Article 7 – point 2
Directive 2004/109/EC
Article 13 – paragraph 3 – subparagraph 1 a (new)
Article 13 – paragraph 3 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 201 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2
Article 7 – point 2
Directive 2004/109/EC
Article 13 – paragraph 3 – subparagraph 1 b (new)
Article 13 – paragraph 3 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council object to such an extension before the expiry of the delegation.
Amendment 202 #
2009/0161(COD)
Proposal for a directive – amending act
Article 7 – point 2
Article 7 – point 2
Directive 2004/109/EC
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
Amendment 221 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 1
Article 8 – point 1
Directive 2005/60/EC
Article 31 – paragraph 4 – subparagraph 1
Article 31 – paragraph 4 – subparagraph 1
4. In order to ensure the uniform application of this Article and to take account of technical developments in the fight against money laundering or terrorist financing, the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority may develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards in accordance with Articles 42 of Regulation …/…, Regulation …/… and Regulation …/… of the European Parliament and of the Council to determine the type of additional measures referred to in Article 31(3) and the minimum action to be taken by credit and financial institutions where the legislation of the third country does not permit application of the measures required under the first subparagraph of paragraph 1.
Amendment 222 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 1
Article 8 – point 1
Directive 2005/60/EC
Article 31 – paragraph 4 – subparagraph 1 a (new)
Article 31 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 223 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 1
Article 8 – point 1
Directive 2005/60/EC
Article 31 – paragraph 4 – subparagraph 1 b (new)
Article 31 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 224 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 1
Article 8 – point 1
Directive 2005/60/EC
Article 31 – paragraph 4 – subparagraph 2
Article 31 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 7 of Regulation .../.... [EBA], …/…, Regulation …/… [ESMA] and …/…, Regulation …/….[ EIOPA]';
Amendment 225 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
Directive 2005/60/EC
Article 34 – paragraph 4 – subparagraph 1
Article 34 – paragraph 4 – subparagraph 1
4. In order to ensure the uniform application of this Article and to take account of technical developments in the fight against money laundering or terrorist financing, the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority may develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards in accordance with Articles 42 of Regulation …/…, Regulation …/… and Regulation …/… of the European Parliament and of the Council to determine the conditions of application relating to the minimum content of the communication referred to in paragraph 2.
Amendment 226 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
Directive 2005/60/EC
Article 34 – paragraph 4 – subparagraph 1 a (new)
Article 34 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 227 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
Directive 2005/60/EC
Article 34 – paragraph 4 – subparagraph 1 b (new)
Article 34 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council object to such an extension before the expiry of the delegation.
Amendment 228 #
2009/0161(COD)
Proposal for a directive – amending act
Article 8 – point 2
Article 8 – point 2
Directive 2005/60/EC
Article 34 – paragraph 4 – subparagraph 2
Article 34 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Articles 7 of Regulation .../.... [EBA] ], …/…, Regulation …/… [ESMA] and …/…, Regulation …/….[ EIOPA].';
Amendment 242 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 1
Article 9 – point 1
Directive 2006/48/EC
Article 6 – paragraph 2- subparagraph 1
Article 6 – paragraph 2- subparagraph 1
"In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Banking Authority established by Regulation …/… of the European Parliament and of the Council may develop draft technical standards to determine the conditions of application offive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the requirements and procedures for suchthe authorisation as laid down in Articles 7, 8, 10, 11 and 12, with the exception of the conditions established in the second sentence of Article 11(1).
Amendment 243 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 1
Article 9 – point 1
Directive 2006/48/EC
Article 6 – paragraph 2 – subparagraph 1 a (new)
Article 6 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 244 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 1
Article 9 – point 1
Directive 2006/48/EC
Article 6 –paragraph 2 – subparagraph 1 b (new)
Article 6 –paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 245 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 1
Article 9 – point 1
Directive 2006/48/EC
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 246 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
Directive 2006/48/EC
Article 19 – paragraph 9 – subparagraph 1
Article 19 – paragraph 9 – subparagraph 1
"9. In order to ensure uniform application of this Article, the European Banking Authority shall develop draftThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards regarding the list of information required for the assessment of an acquisition as referred to in paragraph 1 and on the consultation process between the relevant competent authorities as referred to in Article 19b(1). The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 247 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
Directive 2006/48/EC
Article 19 – paragraph 9 – subparagraph 1 a (new)
Article 19 – paragraph 9 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 248 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
Directive 2006/48/EC
Article 19 – paragraph 9 – subparagraph 1 b (new)
Article 19 – paragraph 9 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 249 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 3
Article 9 – point 3
Directive 2006/48/EC
Article 19 – paragraph 9 – subparagraph 2
Article 19 – paragraph 9 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].".;
Amendment 250 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
Directive 2006/48/EC
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
"5. In order to ensure uniform application of Article 25 and this Article, and establish a uniform notification procedure by electronic means, the European Banking Authority shall develop draft technical standards to determine the conditions of application ofCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the information referred to in Article 25 and in this Article and the process for transmitting this information. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 251 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
Directive 2006/48/EC
Article 26 – paragraph 5 – subparagraph 1 a (new)
Article 26 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 252 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
Directive 2006/48/EC
Article 26 – paragraph 5 – subparagraph 1 b (new)
Article 26 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 253 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 4
Article 9 – point 4
Directive 2006/48/EC
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 254 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 5
Article 9 – point 5
Directive 2006/48/EC
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
"4. In order to ensure uniform application of this Article and establish a uniform notification procedure by electronic means, the European Banking Authority shall develop draft technical standards to determine the condiCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of application ofthe European Union, technical standards relating to the information referred to in this Article and the process for transmitting this information. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 255 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 5
Article 9 – point 5
Directive 2006/48/EC
Article 28 – paragraph 4 – subparagraph 1 a (new)
Article 28 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 256 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 5
Article 9 – point 5
Directive 2006/48/EC
Article 28 – paragraph 4 – subparagraph 1 b (new)
Article 28 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 257 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 5
Article 9 – point 5
Directive 2006/48/EC
Article 28 – paragraph 4 – subparagraph 2
Article 28 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 258 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 7
Article 9 – point 7
Directive 2006/48/EC
Article 42 – paragraph 2 – subparagraph 1
Article 42 – paragraph 2 – subparagraph 1
"In order to ensure uniform application of this Article, the European Banking Authority shall develop draftThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determinerelating to the procedures, methods and conditions of application of the information sharing requirements for the information which is likely to facilitate the monitoring of credit institutions. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 259 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 7
Article 9 – point 7
Directive 2006/48/EC
Article 42 – paragraph 2 – subparagraph 1 a (new)
Article 42 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 260 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 7
Article 9 – point 7
Directive 2006/48/EC
Article 42 – paragraph 2 – subparagraph 1 b (new)
Article 42 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 261 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 7
Article 9 – point 7
Directive 2006/48/EC
Article 42 – paragraph 2 – subparagraph 2
Article 42 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 263 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 13 – point b
Article 9 – point 13 – point b
Directive 2006/48/EC
Article 63a – paragraph 6 – subparagraph 1
Article 63a – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of paragraph 1 of this Article and the convergence of supervisory practices, the European Banking Authority shall develop draft technical standards to determine the condithe convergence of supervisory practices, the Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functionsing of application ofthe European Union, technical standards relating to the provisions governing the instruments referred to in paragraph 1 of this Article The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 264 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 13 – point b
Article 9 – point 13 – point b
Directive 2006/48/EC
Article 63a – paragraph 6 – subparagraph 1 a (new)
Article 63a – paragraph 6 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 265 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 13 – point b
Article 9 – point 13 – point b
Directive 2006/48/EC
Article 63a – paragraph 6 – subparagraph 1 b (new)
Article 63a – paragraph 6 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 266 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 13
Article 9 – point 13
Directive 2006/48/EC
Article 63a – paragraph 6 – subparagraph 2
Article 63a – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].
Amendment 267 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 14
Article 9 – point 14
Directive 2006/48/EC
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1
"For the communication of these calculations by credit institutions, competent authorities shall apply, from 31 December 2012, uniform formats, frequencies, language and dates of reporting. In order to ensure uniThe Commission shall be empowered, form application of the directive, the European Banking Authority shall develop draft period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to introduce, within the CommunityEuropean Union, uniform formats, frequencies, languages and dates of reporting before 1 January 2012. The reporting formats shall be proportionate to the nature, scale and complexity of the credit institutions' activities.
Amendment 268 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 14
Article 9 – point 14
Directive 2006/48/EC
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1 a (new)
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 269 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 14
Article 9 – point 14
Directive 2006/48/EC
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1 b (new)
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 270 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 14
Article 9 – point 14
Directive 2006/48/EC
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 2
Article 74 – paragraph 2 – subparagraph 2 – sub-subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".
Amendment 271 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 15
Article 9 – point 15
Directive 2006/48/EC
Article 81 – paragraph 2 – subparagraph 2
Article 81 – paragraph 2 – subparagraph 2
"In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Banking Authority, in consultation with the European Securities and Market Authority, shall develop draft technical standards to determine the conditions of application of the assessment methodology relating to credit assessments. The Authority shall submit those draft technical standards to the Commission by 1 January 2014five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards concerning the assessment methodology relating to credit assessments.
Amendment 272 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 15
Article 9 – point 15
Directive 2006/48/EC
Article 81 – paragraph 2 – subparagraph 2 a (new)
Article 81 – paragraph 2 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 273 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 15
Article 9 – point 15
Directive 2006/48/EC
Article 81 – paragraph 2 – subparagraph 2 b (new)
Article 81 – paragraph 2 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 274 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 15
Article 9 – point 15
Directive 2006/48/EC
Article 81 – paragraph 2 – subparagraph 3
Article 81 – paragraph 2 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 275 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 16
Article 9 – point 16
Directive 2006/48/EC
Article 84 – paragraph 2 – subparagraph 3
Article 84 – paragraph 2 – subparagraph 3
"In order to ensure uniThe Commission shall be empowered, form applicat periond of this paragraph, the European Banking Authority may develop draftfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determinerelating to the practical and procedural application of the conditions under which competent authorities permit credit institutions to use the IRB Approach.
Amendment 276 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 16
Article 9 – point 16
Directive 2006/48/EC
Article 84 – paragraph 2 – subparagraph 3 a (new)
Article 84 – paragraph 2 – subparagraph 3 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 277 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 16
Article 9 – point 16
Directive 2006/48/EC
Article 84 – paragraph 2 – subparagraph 3 b (new)
Article 84 – paragraph 2 – subparagraph 3 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 278 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 16
Article 9 – point 16
Directive 2006/48/EC
Article 84 – paragraph 2 – subparagraph 4
Article 84 – paragraph 2 – subparagraph 4
The Commission may adopt the draft technical standards referred to in the third subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 279 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 17
Article 9 – point 17
Directive 2006/48/EC
Article 97 – paragraph 2 – subparagraph 2
Article 97 – paragraph 2 – subparagraph 2
"In order to ensure uniform application of this Article,The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, after consulting the European Banking Authority, in consultation with and the European Securities and Market Authority, shall develop draft technical standards to determine the conditions of application oftechnical standards relating to the assessment methodology relating tofor credit assessments. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 280 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 17
Article 9 – point 17
Directive 2006/48/EC
Article 97 – paragraph 2 – subparagraph 2 a (new)
Article 97 – paragraph 2 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to the first subparagraph.
Amendment 281 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 17
Article 9 – point 17
Directive 2006/48/EC
Article 97 – paragraph 2 – subparagraph 2 b (new)
Article 97 – paragraph 2 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 282 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 17
Article 9 – point 17
Directive 2006/48/EC
Article 97 – paragraph 2 – subparagraph 3
Article 97 – paragraph 2 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 283 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 18
Article 9 – point 18
Directive 2006/48/EC
Article 105 – paragraph 1 – subparagraph 2
Article 105 – paragraph 1 – subparagraph 2
"In order to ensure uniform application of this Article, the European Banking Authority may develop draftThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determinerelating to the practical and procedural application of the conditions under which competent authorities permit credit institutions to use the Advanced Measurement Approaches.
Amendment 284 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 18
Article 9 – point 18
Directive 2006/48/EC
Article 105 – paragraph 1 – subparagraph 2 a (new)
Article 105 – paragraph 1 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 285 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 18
Article 9 – point 18
Directive 2006/48/EC
Article 105 – paragraph 1 – subparagraph 2 b (new)
Article 105 – paragraph 1 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 286 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 18
Article 9 – point 18
Directive 2006/48/EC
Article 105 – paragraph 1 – subparagraph 3
Article 105 – paragraph 1 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 287 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 19
Article 9 – point 19
Directive 2006/48/EC
Article 106 – paragraph 2 – subparagraph 2
Article 106 – paragraph 2 – subparagraph 2
"In order to ensure uniform application of this Paragraph, the European Banking Authority shall develop draft technical standards in order to determine the conditions of application of the exemptions in point (c) and (d). The Authority shall submit those draft technical standards to the Commission by 1 January 2014The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the exemptions in point (c) and (d).
Amendment 288 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 19
Article 9 – point 19
Directive 2006/48/EC
Article 106 – paragraph 2 – subparagraph 2 a (new)
Article 106 – paragraph 2 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 289 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 19
Article 9 – point 19
Directive 2006/48/EC
Article 106 – paragraph 2 – subparagraph 2 b (new)
Article 106 – paragraph 2 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 290 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 19
Article 9 – point 19
Directive 2006/48/EC
Article 106 – paragraph 2 – subparagraph 3
Article 106 – paragraph 2 – subparagraph 3
The Commission may adopt those draft technical standards in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 291 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 20
Article 9 – point 20
Directive 2006/48/EC
Article 110 – paragraph 2 – subparagraph 1
Article 110 – paragraph 2 – subparagraph 1
"2. Member States shall provide that reporting shall be carried out at least twice a year. The competent authorities shall apply, from 31 December 2012, uniform formats, frequencies, language and dates of reporting. In order to ensure uniform application of the directive, the European Banking Authority shall develop draftThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to introduce, within the CommunityEuropean Union, uniform formats, frequencies, language and dates of reporting before 1 January 2012. The reporting formats shall be proportionate to the nature, scale and complexity of the credit institutions' activities.
Amendment 292 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 20
Article 9 – point 20
Directive 2006/48/EC
Article 110 – paragraph 2 – subparagraph 1 a (new)
Article 110 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 293 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 20
Article 9 – point 20
Directive 2006/48/EC
Article 110 – paragraph 2 – subparagraph 1 b (new)
Article 110 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 294 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 20
Article 9 – point 20
Directive 2006/48/EC
Article 110 – paragraph 2 – subparagraph 2
Article 110 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 295 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 21
Article 9 – point 21
Directive 2006/48/EC
Article 122a – paragraph 10 – subparagraph 2
Article 122a – paragraph 10 – subparagraph 2
Amendment 296 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 21
Article 9 – point 21
Directive 2006/48/EC
Article 122a – paragraph 10 – subparagraph 2 a (new)
Article 122a – paragraph 10 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 297 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 21
Article 9 – point 21
Directive 2006/48/EC
Article 122a – paragraph 10 – subparagraph 2 b (new)
Article 122a – paragraph 10 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 298 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 21
Article 9 – point 21
Directive 2006/48/EC
Article 122a – paragraph 10 – subparagraph 3
Article 122a – paragraph 10 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 299 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 22
Article 9 – point 22
Directive 2006/48/EC
Article 124 – paragraph 6 – subparagraph 1
Article 124 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of this Article, the European Banking Authority shall develop draft technical standards to determine the conditions of application of this Article and a common risk assessment procedure. The Authority shall submit those draft technical standards to the Commission by 1 January 2014The Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine a common risk assessment procedure.
Amendment 300 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 22
Article 9 – point 22
Directive 2006/48/EC
Article 124 – paragraph 6 – subparagraph 1 a (new)
Article 124 – paragraph 6 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 301 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 22
Article 9 – point 22
Directive 2006/48/EC
Article 124 – paragraph 6 – subparagraph 1 b (new)
Article 124 – paragraph 6 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 302 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 22
Article 9 – point 22
Directive 2006/48/EC
Article 124 – paragraph 6 – subparagraph 2
Article 124 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 305 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 24 – point e
Article 9 – point 24 – point e
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1
"In order to ensure uniform application of this Article, the European Banking Authority shall develop draftThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the conditions of application of the joint decision process referred to in this paragraph, with regard to the application of Articles 123, 124 and 132(2) and with a view to facilitating joint decisions. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 306 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 24 – point e
Article 9 – point 24 – point e
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1 a (new)
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 307 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 24
Article 9 – point 24
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1 b (new)
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 308 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 24
Article 9 – point 24
Directive 2006/48/EC
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 2
Article 129 – paragraph 3 – subparagraph 10 – sub-subparagraph 2
The Commission may adopt those draft technical standards referred to in the tenth subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]";
Amendment 309 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 27 – point a
Article 9 – point 27 – point a
Directive 2006/48/EC
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1
"In order to ensure uniform application of this Article and Article 42a(3), the European Banking Authority shall develop draftThe Commission shall be empowered to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards for the operational functioning of colleges, including in relation to Article 42a(3). The Authority shall submit those draft technical standards to the Commission by 1 January 2014this Article and Article 42a(3).
Amendment 310 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 27 – point a
Article 9 – point 27 – point a
Directive 2006/48/EC
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1 a (new)
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 311 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 27 – point a
Article 9 – point 27 – point a
Directive 2006/48/EC
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1b (new)
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 1b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 312 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 27 – point a
Article 9 – point 27 – point a
Directive 2006/48/EC
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 2
Article 131a – paragraph 2 – subparagraph 2 – sub-subparagraph 2
The Commission may adopt the draft technical standards referred to in the second subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 313 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 29
Article 9 – point 29
Directive 2006/48/EC
Article 144 – paragraph 3 – subparagraph 1
Article 144 – paragraph 3 – subparagraph 1
"In order to ensure uniform application of this Article, the European Banking Authority shall develop draftThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the key aspects on which aggregate statistical data are to be disclosed and the format, structure, contents list and annual publication date of the disclosures provided for in this Article. The Authority shall submit those draft technical standards to the Commission by 1 January 2014.
Amendment 314 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 29
Article 9 – point 29
Directive 2006/48/EC
Article 144 – paragraph 3 – subparagraph 1 a (new)
Article 144 – paragraph 3 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 315 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 29
Article 9 – point 29
Directive 2006/48/EC
Article 144 – paragraph 3 – subparagraph 1 b (new)
Article 144 – paragraph 3 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 316 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 29
Article 9 – point 29
Directive 2006/48/EC
Article 144 – paragraph 3 – subparagraph 2
Article 144 – paragraph 3 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the third paragraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA].";
Amendment 320 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 – point b
Article 9 – point 30 – point b
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 1 – introductory wording
Article 150 – paragraph 3 – subparagraph 1 – introductory wording
"3. The European Banking Authority shall develop draftCommission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine:
Amendment 321 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 – point b
Article 9 – point 30 – point b
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 2
Article 150 – paragraph 3 – subparagraph 2
Amendment 322 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 – point b
Article 9 – point 30 – point b
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 2 a (new)
Article 150 – paragraph 3 – subparagraph 2 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 323 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30 – point b
Article 9 – point 30 – point b
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 2 b (new)
Article 150 – paragraph 3 – subparagraph 2 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 324 #
2009/0161(COD)
Proposal for a directive – amending act
Article 9 – point 30
Article 9 – point 30
Directive 2006/48/EC
Article 150 – paragraph 3 – subparagraph 3
Article 150 – paragraph 3 – subparagraph 3
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".;
Amendment 334 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10
Article 10
Directive 2006/49/EC
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
"5. In order to ensure uniThe Commission shall be empowered, form applicat periond of paragraph 1, the European Banking Authority established by Regulation…/…of the European Parliament and of the Council may develop draft technical standards for endorsement by the Commissionfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the practical and procedural application of the conditions under which competent authorities permit credit institutions to use internal models for the purposes of calculating capital requirements under this Directive.
Amendment 335 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10
Article 10
Directive 2006/49/EC
Article 18 – paragraph 5 – subparagraph 1 a (new)
Article 18 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 336 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10
Article 10
Directive 2006/49/EC
Article 18 – paragraph 5 – subparagraph 1 b (new)
Article 18 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 337 #
2009/0161(COD)
Proposal for a directive – amending act
Article 10
Article 10
Directive 2006/49/EC
Article 18 – paragraph 5 – subparagraph 2
Article 18 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [EBA]".
Amendment 344 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 1
Article 11 – point 1
Directive 2009/65/EC
Article 5 – paragraph 8 – subparagraph 1
Article 5 – paragraph 8 – subparagraph 1
"8. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority established by Regulation…/…of the European Parliament andfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty ofn the CoFuncil may develop draft technical standards to determine the conditions of applicationtioning of the European Union, technical standards relating to the information to be provided to the competent authorities in the application for authorisation of a UCITS.
Amendment 345 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 1
Article 11 – point 1
Directive 2009/65/EC
Article 5 – paragraph 8 – subparagraph 1 a (new)
Article 5 – paragraph 8 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 346 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 1
Article 11 – point 1
Directive 2009/65/EC
Article 5 – paragraph 8 – subparagraph 1 b (new)
Article 5 – paragraph 8 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 347 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 1
Article 11 – point 1
Directive 2009/65/EC
Article 5 – paragraph 8 – subparagraph 2
Article 5 – paragraph 8 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 348 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 2
Article 11 – point 2
Directive 2009/65/EC
Article 7 – paragraph 6 – subparagraph 1
Article 7 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop draftThe Commission shall be empowered, for a period of five years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to further determine the conditions of application of the requirements for the authorisation of the management company, with the exception of the conditions established in paragraph 1(b) of this Article.
Amendment 349 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 2
Article 11 – point 2
Directive 2009/65/EC
Article 7 – paragraph 6 – subparagraph 1 a (new)
Article 7 – paragraph 6 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 350 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 2
Article 11 – point 2
Directive 2009/65/EC
Article 7 – paragraph 6 – subparagraph 1 b (new)
Article 7 – paragraph 6 – subparagraph 1 b (new)
Amendment 351 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 2
Article 11 – point 2
Directive 2009/65/EC
Article 7 – paragraph 6 – subparagraph 2
Article 7 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 355 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 3
Article 11 – point 3
Directive 2009/65/EC
Article 12 – paragraph 4 – subparagraph 1
Article 12 – paragraph 4 – subparagraph 1
"4. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the procedures, arrangements, structures and organisational requirements referred to in paragraph 3 of this Article.
Amendment 357 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 3
Article 11 – point 3
Directive 2009/65/EC
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 362 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 4
Article 11 – point 4
Directive 2009/65/EC
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
"3. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the criteria, principles and steps referred to in points (a), (b), and (c) of the first subparagraph of this Article.
Amendment 364 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 4
Article 11 – point 4
Directive 2009/65/EC
Article 14 – paragraph 3 – subparagraph 2
Article 14 – paragraph 3 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 369 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6
Article 11 – point 6
Directive 2009/65/EC
Article 29 – paragraph 5 – subparagraph 1
Article 29 – paragraph 5 – subparagraph 1
"5. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draftfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the conditions of application of the conditions for the authorisation of the self- managed investment company, with the exception of the conditions established in paragraph 1(b) of this Article.
Amendment 370 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6
Article 11 – point 6
Directive 2009/65/EC
Article 29 – paragraph 5 – subparagraph 1 a (new)
Article 29 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 371 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6
Article 11 – point 6
Directive 2009/65/EC
Article 29 – paragraph 5 – subparagraph 1 b (new)
Article 29 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 372 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 6
Article 11 – point 6
Directive 2009/65/EC
Article 29 – paragraph 5 – subparagraph 2
Article 29 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 379 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 7
Article 11 – point 7
Directive 2009/65/EC
Article 43 – paragraph 6 – subparagraph 1
Article 43 – paragraph 6 – subparagraph 1
"6. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the content, format and method by which the information referred to in paragraphs 1 and 3 of this Article should be provided.
Amendment 381 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 7
Article 11 – point 7
Directive 2009/65/EC
Article 43 – paragraph 6 – subparagraph 2
Article 43 – paragraph 6 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 383 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 8
Article 11 – point 8
Directive 2009/65/EC
Article 50 – paragraph 4 – subparagraph 1
Article 50 – paragraph 4 – subparagraph 1
"4. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the provisionfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards concerning the categories of assets in which UCITS can invest in accordance to this Article.
Amendment 384 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 8
Article 11 – point 8
Directive 2009/65/EC
Article 50 – paragraph 4 – subparagraph 1 a (new)
Article 50 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 385 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 8
Article 11 – point 8
Directive 2009/65/EC
Article 50 – paragraph 4 – subparagraph 1 b (new)
Article 50 – paragraph 4 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 386 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 8
Article 11 – point 8
Directive 2009/65/EC
Article 50 – paragraph 4 – subparagraph 2
Article 50 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 388 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 9
Article 11 – point 9
Directive 2009/65/EC
Article 51 – paragraph 5 – subparagraph 1
Article 51 – paragraph 5 – subparagraph 1
"5. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the criteria and rules referred to in points (a), (b) and (c) of paragraph 4.
Amendment 389 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 9
Article 11 – point 9
Directive 2009/65/EC
Article 51 – paragraph 5 – subparagraph 2
Article 51 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA].."
Amendment 394 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 10
Article 11 – point 10
Directive 2009/65/EC
Article 60 – paragraph 7 – subparagraph 1
Article 60 – paragraph 7 – subparagraph 1
"7. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the agreement, measures and procedures referred to in points (a), (b) and (c) of paragraph 6.
Amendment 395 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 10
Article 11 – point 10
Directive 2009/65/EC
Article 60 – paragraph 7 – subparagraph 2
Article 60 – paragraph 7 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 397 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 11
Article 11 – point 11
Directive 2009/65/EC
Article 61 – paragraph 4 – subparagraph 1
Article 61 – paragraph 4 – subparagraph 1
"4. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the agreement and types of irregularities referred to in points (a) and (b) of paragraph 3.
Amendment 398 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 11
Article 11 – point 11
Directive 2009/65/EC
Article 61 – paragraph 4 – subparagraph 2
Article 61 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 402 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 12
Article 11 – point 12
Directive 2009/65/EC
Article 64 – paragraph 5 – subparagraph 1
Article 64 – paragraph 5 – subparagraph 1
"5. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred to the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards to determine the conditions of application of the implementing measures adopted by the Commission regarding the information and procedure referred to in points (a) and (b) of paragraph 4.
Amendment 403 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 12
Article 11 – point 12
Directive 2009/65/EC
Article 64 – paragraph 5 – subparagraph 2
Article 64 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 406 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 13
Article 11 – point 13
Directive 2009/65/EC
Article 69 – paragraph 5 – subparagraph 1
Article 69 – paragraph 5 – subparagraph 1
"5. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application of the provisionfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards concerning the content of the prospectus, the annual report and the half-yearly report as laid down in Annex I, and the format of these documents.
Amendment 407 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 13
Article 11 – point 13
Directive 2009/65/EC
Article 69 – paragraph 5 – subparagraph 1 a (new)
Article 69 – paragraph 5 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 408 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 13
Article 11 – point 13
Directive 2009/65/EC
Article 69 – paragraph 5 – subparagraph 1 b (new)
Article 69 – paragraph 5 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 409 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 13
Article 11 – point 13
Directive 2009/65/EC
Article 69 – paragraph 5 – subparagraph 2
Article 69 – paragraph 5 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 411 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 14
Article 11 – point 14
Directive 2009/65/EC
Article 78 – paragraph 8 – subparagraph 1
Article 78 – paragraph 8 – subparagraph 1
"8. In order to ensure uniform application of this Article, the European Securities and Markets Authority may develop drafimplementing powers are conferred on the Commission, in accordance with the procedure referred to in Article 291(3) of the Treaty on the Functioning of the European Union, to adopt technical standards for endorsement by the Commission to determine the conditions of application of the implementing measures adopted by the Commission regarding the information referred to in paragraph 3.
Amendment 412 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 14
Article 11 – point 14
Directive 2009/65/EC
Article 78 – paragraph 8 – subparagraph 2
Article 78 – paragraph 8 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7a new of Regulation .../.... [ESMA]."
Amendment 416 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 15
Article 11 – point 15
Directive 2009/65/EC
Article 84 – paragraph 4 – subparagraph 1
Article 84 – paragraph 4 – subparagraph 1
"4. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of application offive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards relating to the conditions applying to the temporary suspension of the re-purchase or redemption of the units of the UCITS as referred to in point (a) of paragraph 2, once the suspension has been decided.
Amendment 417 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 15
Article 11 – point 15
Directive 2009/65/EC
Article 84 – paragraph 4 – subparagraph 1 a (new)
Article 84 – paragraph 4 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 418 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 15
Article 11 – point 15
Directive 2009/65/EC
Article 84 – paragraph 4 – subparagraph 1 b (new)
Article 84 – paragraph 4 – subparagraph 1 b (new)
The delegation shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 419 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 15
Article 11 – point 15
Directive 2009/65/EC
Article 84 – paragraph 4 – subparagraph 2
Article 84 – paragraph 4 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 420 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 16
Article 11 – point 16
Directive 2009/65/EC
Article 95 – paragraph 2 – subparagraph 1 – introductory part
Article 95 – paragraph 2 – subparagraph 1 – introductory part
"2. In order to ensure uniThe Commission shall be empowered, form applicat periond of Article 93, the European Securities and Markets Authority may develop draftfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards to determine the conditions of application with regard to:
Amendment 421 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 16
Article 11 – point 16
Directive 2009/65/EC
Article 95 – paragraph 2 – subparagraph 1 a (new)
Article 95 – paragraph 2 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 422 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 16
Article 11 – point 16
Directive 2009/65/EC
Article 95 – paragraph 2 – subparagraph 1 b (new)
Article 95 – paragraph 2 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 423 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 16
Article 11 – point 16
Directive 2009/65/EC
Article 95 – paragraph 2 – subparagraph 2
Article 95 – paragraph 2 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 426 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 17
Article 11 – point 17
Directive 2009/65/EC
Article 101 – paragraph 9 – subparagraph 1
Article 101 – paragraph 9 – subparagraph 1
9. In order to ensure uniThe Commission shall be empowered, form applicat periond of this Article, the European Securities and Markets Authority may develop draft technical standards to determine the conditions of applicationfive years, to adopt, by means of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, technical standards with regard to the conduct of on-the-spot verifications and investigations as referred to in paragraphs 4 and 5.
Amendment 427 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 17
Article 11 – point 17
Directive 2009/65/EC
Article 101 – paragraph 9 – subparagraph 1 a (new)
Article 101 – paragraph 9 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 428 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 17
Article 11 – point 17
Directive 2009/65/EC
Article 101 – paragraph 9 – subparagraph 1 b (new)
Article 101 – paragraph 9 – subparagraph 1 b (new)
The delegation of powers referred to in the first subparagraph shall be extended on a request from the Commission for periods of five years, unless the European Parliament or the Council objects to such an extension before the expiry of the delegation.
Amendment 429 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 17
Article 11 – point 17
Directive 2009/65/EC
Article 101 – paragraph 9 – subparagraph 2
Article 101 – paragraph 9 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 430 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 19
Article 11 – point 19
Directive 2009/65/EC
Article 105 – subparagraph 1
Article 105 – subparagraph 1
Amendment 431 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 19
Article 11 – point 19
Directive 2009/65/EC
Article 105 – subparagraph 1 a (new)
Article 105 – subparagraph 1 a (new)
The European Parliament or the Council may revoke the delegation of powers referred to in the first subparagraph.
Amendment 432 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 19
Article 11 – point 19
Directive 2009/65/EC
Article 105 – subparagraph 1 b (new)
Article 105 – subparagraph 1 b (new)
Amendment 433 #
2009/0161(COD)
Proposal for a directive – amending act
Article 11 – point 19
Article 11 – point 19
Directive 2009/65/EC
Article 105 – subparagraph 2
Article 105 – subparagraph 2
The Commission may adopt the draft technical standards referred to in the first subparagraph in accordance with the procedure laid down in Article 7 of Regulation .../.... [ESMA]."
Amendment 125 #
2009/0157(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The validity and effects of gifts are covered by Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)18 . They should therefore be excluded from the scope of this Regulation in the same way as other rights and assets created or transferred other than by succession. However, it is the law on succession determined pursuant to this Regulation which should specify if this gift or other form of provisions made inter vivos giving rise to an immediate right in rem can lead to any obligation to restore or account for gifts when determining the shares of heirs or legatees in accordance with the law on succession.
Amendment 127 #
2009/0157(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) While this Regulation should cover the method of acquiring a right in rem in respect of tangible or intangible property as provided for in the law governing the succession, tThe exhaustive list (‘numerus clausus’) of rights in rem which may exist under the national law of the Member States, which is, in principle, governed by the lex rei sitae, should be included in the national rules governing conflict of laws. The publication of these rights, in particular the funcre should be adaptation ing of the land registry and the effects of entry or failure to make an entry into the register, which is also governed by local law, should also be excluded accordance with the recognised principles of international private law.
Amendment 128 #
2009/0157(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In view of the increasing mobility of European citizens and in order to encourage good administration of justice within the European Union and to ensure that a genuine connecting factor exists between the succession and the Member State exercising jurisdiction, this Regulation should provide for the competence of the courts of the Member State of the last habitual residence of the deceased for the whole of the succession in both adversarial and non-adversarial proceedings. For the same reasons, it should allow the competent court, by way of exception and under certain conditions, to transfer the case to the jurisdiction wherecompetent authority of the Member State of which the deceased had nationality if the latterat authority is better placed to hear the case.
Amendment 130 #
2009/0157(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The term ‘court’ should cover all authorities which exercise judicial functions, such as, in certain legal systems, notaries acting as court commissioners or persons appointed by a court to distribute the estate. Such authorities should therefore be subject to jurisdiction rules and their decisions should be deemed for the purposes of this Regulation to constitute court decisions.
Amendment 137 #
2009/0157(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to facilitate recognition of succession rights acquirAgreements as to succession which are valid under the law designated by this Regulation, and the rights deriving from such agreements, should be recognised in athe Member State, the conflict-of-lawss. Special rules should favour the validity of the agreements as to succession by accepting alternative connecting factors. The legitimate expectations of third parties should be preservedbe laid down concerning the law applicable to the substantive validity and binding effect of, and the other legal issues specifically relating to, agreements as to succession. Where relevant, those rules should apply mutatis mutandis to joint wills.
Amendment 142 #
2009/0157(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Considerations of public interest should allow courts in the Member States the opportunity in exceptional circumstances to disregard the application of foreign law in a given case where this would be manifestly contrary to the public policy of the forum. However, the courts should not be able to apply the public-policy exception in order to disregard the law of another Member State or to refuse to recognise or enforce a decision, an authentic instrument, a legal transactioncourt settlement or a European Certificate of Succession drawn up in another Member State when thisif doing so would be contrary to the Charter of Fundamental Rights of the European Union, and in particular Article 21, which prohibits all forms of discrimination. As a rule, minor differences in law on indefeasible interests should not be cited as grounds for disregarding application of the law of another Member State.
Amendment 145 #
2009/0157(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) An accelerated, manageable and efficient settlement of international successions within the European Union implies the possibility for the heir, legatee, executor of the will or administrator to prove easily on an out-of-court basis their capacity in the Member States in which the property involved in the succession is located. In order to facilitate free movementcirculation of this proof within the European Union, this Regulation should introduce, for cross-border cases, a uniform model for the European Certificate of Succession and appoint the authority competent to issue it. That authority may be a court as defined in this Regulation or another authority, such as a notary. The competent authority should be appointed by the Member State whose courts have competence under this Regulation. In order to respect the principle of subsidiarity, this certificate should not replace the internal procedures of the Member States. The Regulation should specify the linkage with these procedures.
Amendment 149 #
2009/0157(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point f
Article 1 – paragraph 3 – point f
(f) rights and assets created or transferred other than by succession to the estate of deceased persons, including gifts, such as in joint ownership with right of survivalorship, pension plans, insurance contracts and or arrangements of a similar nature, notwithstandingout prejudice to Article 19(2)(j);
Amendment 150 #
2009/0157(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point h
Article 1 – paragraph 3 – point h
(h) the dissolving, closureution, extinction and merginger of enterprises, associations and legal personscompanies and other bodies, corporate or unincorporated;
Amendment 152 #
2009/0157(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point i
Article 1 – paragraph 3 – point i
(i) the constitution, functioning and dissolving of trustsreation, administration and dissolution of trusts, with the exception of trusts constituted through a disposition of property upon death or a legal transfer of property as a result of death;
Amendment 155 #
2009/0157(COD)
Proposal for a regulation
Article 2 – point b
Article 2 – point b
Amendment 158 #
2009/0157(COD)
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) “agreement as to succession”: an agreement created in writing or resulting from mutual wills which confers, modifies or withdraws, with or without consideration, rights to the future succession of one or more persons who are party to the agreement;
Amendment 159 #
2009/0157(COD)
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) ‘joint wills’: wills drawn up by two or more persons in the samone instrument for the benefit of a third party and/or on the basis of a reciprocal and mutual disposition;
Amendment 160 #
2009/0157(COD)
Proposal for a regulation
Article 2 – point e
Article 2 – point e
(e) ‘home Member State of origin’: the Member State in which, depending on the case, the decision has been given, the legal transactioncourt settlement approved or concluded and the authentic instrument drawn up;
Amendment 163 #
2009/0157(COD)
Proposal for a regulation
Article 2 – point g
Article 2 – point g
(g) ‘decision’: any decision givenadopted in a matter of succession to the estate of a deceased person by a court of a Member State, whatever the decision may be called, including a decree, order, ordinance, measure or writ of execution, as well as the determination of costs or expenses by an officer of the court;
Amendment 165 #
2009/0157(COD)
Proposal for a regulation
Article 2 – point i
Article 2 – point i
(i) ‘European Certificate of Succession’: the certificate issued by the competent court or authority pursuant to Chapter VI of this Regulation.
Amendment 169 #
2009/0157(COD)
Proposal for a regulation
Article 4
Article 4
Notwithstanding the provisions of this Regulation the courts of the Member State on whose territory the deceased had his or her habitual residence at the time of their death shall be competenthave jurisdiction to rule ion matters ofconcerning successions to the deceased's estate as a whole.
Amendment 171 #
2009/0157(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Where the law of a Member State was chosen by the deceased to govern this or heir succession in accordance with Article 17, the court seised in accordance with Article 4 may, at the request of one of the parties and if it considers that the courts of the Member State whose law has been chosen are better placed to rule on the succession, stay proceedings and invite the parties to seise the courts in that Member State with the application.
Amendment 172 #
2009/0157(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The competent court seised in accordance with Article 4 shall set the parties a deadline by which the courts of the Member State whose law has been chosen must be seised in accordance with paragraph 1. If the courts are not seised by that deadline, the court seised in accordance with Article 4 shall continue to exercise its jurisdiction.
Amendment 173 #
2009/0157(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Choice of court Notwithstanding Article 5, where the law of a Member State was chosen by the deceased to govern succession to his or her estate in accordance with Article 17, the parties may agree that the court or courts of that Member State shall have jurisdiction to rule on the succession to the deceased's estate.
Amendment 174 #
2009/0157(COD)
Proposal for a regulation
Article 5 b (new)
Article 5 b (new)
Article 5b Declining jurisdiction If the courts of the Member State on whose territory the deceased had his or her habitual residence at the time of death are seised ex officio of the succession proceedings and if the parties agree to seise the courts of the Member State whose law was chosen by the deceased in accordance with Article 5a or to bring the succession proceedings before any other competent authority in that Member State, the courts seised ex officio shall decline jurisdiction.
Amendment 175 #
2009/0157(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
In the cases referred to in points (a) to (c) of the first paragraph, competence shall cover the succession as a whole.
Amendment 192 #
2009/0157(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The law applicable to the succession must be expressly determined and included in a declaration inchoice shall be made expressly in a declaration in the form of a disposition of property upon death or shall be unequivocally demonstrated by the foterms of a disposition of property upon death.
Amendment 195 #
2009/0157(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Formal validity of dispositions of property upon death 1. A disposition of property upon death shall be valid as regards form if its form complies with the internal law: (a) of the State where the testator made it, or (b) of a State whose nationality the testator possessed, either at the time when he or she made the disposition, or at the time of death, or (c) of a State in which the testator had his or her domicile, either at the time when he or she made the disposition or at the time of death, or (d) of the State in which the testator had his or her habitual residence, either at the time when he or she made the disposition or at the time of death, or (e) in so far as immoveable property is concerned, of the State in which that property is located. 2. Paragraph 1 shall also apply to testamentary dispositions revoking an earlier testamentary disposition. The revocation shall also be valid as regards form if it complies with any one of the laws according to the terms of which, under paragraph 1, the testamentary disposition that has been revoked was valid. 3. For the purposes of this Article, any provision of law which limits the permitted forms of testamentary dispositions by reference to the age, nationality or other personal circumstances of the testator shall be deemed to pertain to matters of form. The same rule shall apply to the qualifications that witnesses must possess in order for a testamentary disposition to be valid.
Amendment 32 #
2009/0144(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall act within the scope of Directive 97/9/EC, Directive 98/26/EC, Directive 2001/34/EC, Directive 2002/47/EC, Directive 2002/87/EC, Directive 2003/6/EC, Directive 2003/71/EC, Directive 2004/25/EC, Directive 2004/39/EC, Directive 2004/109/EC, Directive 2005/60/EC, Directive 2009/65/EC, Directive 2002/65/EC, Directive 2006/49/EC (without prejudice to the competence of the European Banking Authority in terms of prudential supervision), Directive … [future AIFM Directive], and Regulation … [future CRA Regulation], including all directives, regulations, and decisions based on these acts, and of any further Community act which confers tasks on the Authority.
Amendment 11 #
2009/0142(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The CommunityUnion has reached the limits of what can be done with the present status of the Committees of European Supervisors, which remain advisory bodies to the Commission. The Community. The Union cannot remain in a situation where there is no mechanism to ensure that national supervisors arrive at the best possible supervisory decisions for cross- border institutions; where there is insufficient cooperation and information exchange between national supervisory authorities; where joint action by national authorities requires complicated arrangements to take account of the patchwork of regulatory and supervisory requirements; where national solutions are most often the only feasible option in responding to European problems, where different interpretations of the same legal text exist. The European System of Supervisors should be designed to overcome these deficiencies and provide a system that is in line with the objective of a stable and single CommunityUnion financial market for financial services, linking national supervisors into a strong CommunityUnion network.
Amendment 12 #
2009/0142(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) There is a need to introduce an effective instrument to establish harmonised technical standards in financial services to ensure, also through a single rulebook, a level playing field and an adequate protection of depositors, investors and consumers across Europe. As a body with highly specialised expertise, it is efficient and appropriate to entrust the Authority, in areas defined by CommunityUnion law, with the elaboration of draft technical standards, which do not involve policy choices. The Commission should endorse those draft technical standards in accordance with CommunityUnion law in order to give them binding legal effect. The draft technical standards have to be adopted by the Commission. They would be subject to amendment if, for example, the draft technical standards were incompatible with Community Law, would not respect the principle of proportionality or would run counter to the fundamental principles of the internal markeCommission should be empowered, in accordance with Article 290 of the Treaty on the Functioning of the European Union to adopt the technical standards by means of delegated acts. The delegation should be made in the basic legislative act and should be able to be revoked by the European Parliament or the Council. The period for delegation should be extended on the request of the Commission, unless the European Parliament for finathe Councial services as reflecobject. The standards should be adopted inby the acquis of Community financial services legislation. To ensure a smooth and expedited adoption process for those standards, the Commission should be subject to a time limiCommission by means of regulations or decisions as delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. The word "delegated" should be inserted in the title of these acts. The standards adopted pursuant to the procedure of Article 7 of this Regulation should enter into force only if no objection has been expressed by the Parliament for its decision on the endorsementthe Council within a period of three months.
Amendment 13 #
2009/0142(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 14 #
2009/0142(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) To overcome exceptional situations of persistent inaction by the competent authority concerned, the Authority should be empowered, as a last resort, to adopt decisions addressed to individual financial institutions that have an impact on the internal market. This power should be limited to exceptional circumstances in which a competent authority does not comply with the decisions addressed to it and in which CommunityUnion law is directly applicable to financial institutions by virtue of existing or future EU Regulations. Should the Court of Justice rule that a decision of the Authority is in breach of Union law, the Authority should be liable for the damages.
Amendment 18 #
2009/0142(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) In order to guarantee its full autonomy and independence, the Authority should be granted an autonomous budget with revenues mainly from obligatory contributions from national supervisory authorities and from the General Budget of the European Union. The CommunityUnion budgetary procedure should be applicable as far as the Community contribution is concerned. The auditing of accounts should be undertaken by the Court of Auditors.
Amendment 19 #
Amendment 20 #
2009/0142(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The standards shall be adopted by the Commission by means of Rregulations or Ddecisions and published in the Official Journal of the European Unions delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union. The word “delegated” shall be inserted in the title of those acts. The standards adopted pursuant to this Article shall enter into force only if no objection has been expressed by the European Parliament or the Council within a period of three months.
Amendment 21 #
2009/0142(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Upon request from one or more competent authorities, from the Commission, the European Parliament or the Council or on its own initiative and after having informed the competent authority concerned, the Authority may investigate the alleged incorrect application of CommunityUnion law.
Amendment 22 #
2009/0142(COD)
Proposal for a regulation
Article 9 – paragraph 6 – introductory part
Article 9 – paragraph 6 – introductory part
6. Without prejudice to the powers of the Commission under Article 226 of the Treaty, where a competent authority does not comply with the decision referred to in paragraph 4 of this Article within the period of time specified therein, and where it is necessary to remedy in a timely manner the non compliance by the competent authority in order to maintain or restore neutral conditions of competition in the internal market or ensure the orderly functioning and integrity of the financial system in the internal market, the Authority may, where the relevant requirements of the legislation referred to in Article 1(2) are directly applicable to financial institutions, adopt an individual decision addressed to a financial institution requiring the necessary action to comply with its obligations under CommunityUnion law including the cessation of any practice. Before adopting an individual decision, the Authority shall inform the Commission thereof.
Amendment 29 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges in any way directly on the fiscal responsibilities of Member States.
Amendment 31 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
2. Where a Member State considers that a decision taken under Article 11 impinges directly on its fiscal responsibilities, it may notify the Authority and the Commission within one month after notification of the Authority's decision to the competent authority that the decision will not be implemented by the competent authority.
Amendment 33 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
In its notification, the Member State shall justify why and clearly demonstrate how the decision impinges directly on its fiscal responsibilities.
Amendment 38 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1
Article 23 – paragraph 3 – subparagraph 1
3. Where a Member State considers that a decision taken under Article 10(2) impinges directly on its fiscal responsibilities, it may notify the Authority, the Commission and the Council within three working days after notification of the Authority's decision to the competent authority that the decision will not be implemented by the competent authority.
Amendment 39 #
2009/0142(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
In its notification, the Member State shall justify why and clearly demonstrate how the decision impinges directly on its fiscal responsibilities.
Amendment 40 #
2009/0142(COD)
Proposal for a regulation
Article 48 –point a
Article 48 –point a
Amendment 31 #
2009/0064(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The scope of this Directive should be confined to the management of collective investment undertakings which raise capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk-spreading for the benefit of those investors. It should cover managers of all such collective investment undertakings which are not required to be authorised as UCITS. This Directive should not apply to the management of pension funds or managers of non-pooled investments such as endowments, sovereign wealth funds or assets hoeld on own account by credit institutions, insurance or reinsurance undertakings. This Directive should neither apply to actively managed investments in the form of securities, such as certificates, managed futures, or index-linked bonds. It should, howeNor, for the purposes of this Directiver, cover managers of all collective investment undertakings which are not required to be authorised as UCITSshould an undertaking which principally acts as a holding entity for a group of subsidiary undertakings, and which owns strategic stakes in undertakings with a view to long-term holding rather than for the purpose of generating returns through divestment within a defined timeframe, be regarded as a collective investment undertaking. Investment firms authorised under Directive 2004/39/EC on Mmarkets in Ffinancial Iinstruments should not be required to obtain an authorisation under this Directive in order to provide investment services in respect of AIF. Investment firms can however only provide investment services in respect of AIF, if and to the extent the units or shares thereof can be marketed in accordance with this Directive.
Amendment 41 #
2009/0064(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) It is necessary to ensure that portfolio companies are not subject to more stringent requirements than any other issuer or non-listed company receiving private investment other than the investment provided by an AIF. While transparency in corporate law is needed, any discrimination such as the imposition of an obligation to make specific disclosure of the portfolio company's strategy and development plan based on ownership of the company would affect fair competition and endanger the financing of innovation in Europe. It may also affect the rights of other shareholders. To that end, the Commission should conduct a review of all relevant company law legislation as well as of relevant financial sector directives at the latest by the date of entry into force of this Directive, and should make necessary changes in the form of a legislative proposal, including any appropriate amendments needed to the present Directive. The Commission's report and associated proposal should ensure a level playing-field between portfolio companies and other companies. In its report and proposal, the Commission should take into account the protection of shareholders' rights as well as the need for an international level playing-field and European competitiveness regarding the financing of innovation and developing technologies.
Amendment 52 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
In cases where the law under which the AIF is organised requires the establishment of a board of directors or any other governing body and the governing body is responsible for the performance of the management functions in relation to the AIF, then the AIF shall be considered as the AIFM under this Directive.
Amendment 64 #
2009/0064(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g c (new)
Article 2 – paragraph 2 – point g c (new)
(gc) AIFM in respect of any AIF of the closed-ended type whose securities are admitted to trading or the subject of an application for admission to trading on a regulated market established or operating in the Community.
Amendment 69 #
2009/0064(COD)
Proposal for a directive
Article 3 – point a
Article 3 – point a
(a) 'Alternative investment fund' or 'AIF' means any collective investment undertaking, including investment compartments thereof whose object is the collective investment in assets which raises capital from a number of investors with a view to investing it in accordance with a defined investment policy on the principle of risk- spreading for the benefit of those investors, including investment compartments of any such undertaking, and which does not require authorisation pursuant to Article 5 of Directive 2009/…/EC [the UCITS Directive];
Amendment 72 #
2009/0064(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) 'Marketing' means any general offering or placement of units or shares in an AIF to or with investors domiciled in the Community, regardless of at whose initiative the offer or placement takes place, at the initiative of the AIFM managing such AIF, to or with investors domiciled in the Community;
Amendment 74 #
2009/0064(COD)
Proposal for a directive
Article 3 – point o a (new)
Article 3 – point o a (new)
(oa) ‘Closed-ended AIF’ means an AIF the shares or units of which the holders are not entitled to have re-purchased or redeemed, directly or indirectly, out of the AIF’s assets.
Amendment 78 #
2009/0064(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that no AIFM covered by this Directive provides management services to any AIF or markets shares or units thereof without prior authorisation. Entities which are neitherot authorised in accordance with this Directive nor, in case of AIFM not covshall not be entitled to market units or shares of AIF within the Community. However, such entities may themselves or through intermed by this Directive,iaries, including AIFM authorised in accordance with this Directive, market units or shares of AIF to investors in a Member State in accordance with the national law of athat Member State, shall not be allowed to provide management services to AIF or market units or shares thereof within the Community. . This Directive shall not operate to prevent or restrict persons from selling or otherwise disposing of units or shares which they hold in AIF on the capital market, and a person who holds units or shares in an AIF may himself or through any intermediary, including an AIFM authorised in accordance with this Directive, market such shares or units to investors in a Member State in accordance with the national law of that Member State, where such marketing is not at the initiative of the AIFM managing such AIF.
Amendment 79 #
2009/0064(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that no AIFM covered by this Directive provides management services to any AIF or markets shares or units thereof without prior authorisation. Entities which are neither authorised in accordance with this Directive nor, in case of AIFM not covered by this Directive, in accordance with the national law of a Member State, shall not be allowed to provide management services to AIF or market units or shares thereof within the Communitywithin the Community. This Directive shall not operate to prevent or restrict persons from selling or otherwise disposing of units or shares which they hold in AIF on the capital market, and a person who holds units or shares in an AIF may himself or through any intermediary, including an AIFM authorised in accordance with this Directive, market such shares or units to investors in a Member State in accordance with the national law of that Member State, where such marketing is not at the initiative of the AIFM managing such AIF.
Amendment 85 #
2009/0064(COD)
Proposal for a directive
Article 7
Article 7
AIFM shall, before implementation, notify the competent authorities of the home Member State of any change regarding the information provided in their initial application that may substantially affect the conditions under which the authorisation has been granted, in particular changes of the investment strategy and policy of any AIF managed by it, of the AIF rules or instruments of incorporation and the identity of any further AIF the AIFM intends to manage. The competent authorities shall, within a month of receipt of that notification, either approve, or impose restrictions, or reject those changematerial changes to the conditions for initial authorisation or registration, in particular changes in the programme of activity of the AIFM or the investment strategy and policy of any AIF managed by it. The AIFM shall inform the competent authority of any change concerning the persons effectively conducting the business of the AIFM. The competent authorities shall, within a month of receipt of that notification, either approve, or impose restrictions, or reject those changes. The competent authorities shall not without good reason reject changes regarding the investment strategy and policy of an AIF or changes regarding rules or instruments of incorporation if these have been agreed upon by the investors.
Amendment 89 #
2009/0064(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
The Commission shall adopt implementing measures specifying thebe empowered by delegation to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, in respect of criteria to be used by competent authorities to assess whether AIFM comply with their obligation under paragraph 1.
Amendment 91 #
2009/0064(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
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)e delegation of power shall be valid for three years from the date of entry into force of this Directive and shall be extended on a request from the Commission for periods of three years unless the European Parliament or the Council objects within three months of the request. A delegated act adopted pursuant to this Article shall enter into force only if no objection has been expressed by the European Parliament or the Council within a period of three months.
Amendment 98 #
2009/0064(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The AIFM shall ensure that the functions of risk management and portfolio management are separated and subject to separate reviewso far as it is appropriate and proportionate in view of the nature, scale and complexity of the AIFM and the AIF that it manages.
Amendment 106 #
2009/0064(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Paragraphs 1 to 3 shall not apply to a closed-ended AIF.
Amendment 112 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
1. AIFM shall ensure that, for each AIF that it manages, a valuator is appointed which is independent of the AIFM to establish the value of assets acquired by the AIF and the value of the shares and unppropriate and consistent procedures are established so that the proper valuation of the assets of the AIF can be carried out and the value of the shares or units of the AIF can be calculated and, where appropriate, published. The AIFM shall, where appropriate, ensure the functional independence of the valuation function and the portfolio management function, having regard to the nature, scale and complexitsy of the AIFeach AIF that it manages.
Amendment 113 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
1. AIFM shall ensure that, for each AIF that it manages, a valuator is appointed which is independent of the AIFM to establish the value of assets acquired by the AIF and the value of the shares and units of the AIF.
Amendment 120 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. AIFM shall ensure that the valuator has appropriate and consistent procedures to value the assets of the AIF in accordance with existing applicable valuation standards and rules, in order to reflect the net asset value of the shares or units of the AIFWhen an external valuator is used, Article 18(1), points (c) and (d) and Article 18(2) shall apply.
Amendment 122 #
2009/0064(COD)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. When an external valuator is not used, the competent authorities of the home Member State may require the AIFM to have its valuation procedures and/or valuations verified by an external valuator or, where appropriate, an auditor.
Amendment 128 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 1 – introductory wording
Article 17 – paragraph 1 – introductory wording
For each AIF it manages, other than AIF which are closed-ended and which have an investment policy of investing principally in financial instruments or other assets held for long-term investment and not for trading purposes, the AIFM shall ensure that a depositary is appointed to fulfil, where relevant, the following tasks:
Amendment 141 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Depositaries may delegate their tasks to o, apart from the functions of monitoring and overseeing their sub-depositaries. A depositary shall not delegate its functions to the extent that it becomes a 'letter-box' entity.
Amendment 142 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
The depositary shall be liable to the AIFM and the investors of the AIF for any losses suffered by them as a result of its unjustifiable failure to perform its obligations pursuant to this DirectiveArticle or its improper performance of them.
Amendment 154 #
2009/0064(COD)
Proposal for a directive
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
5a. Any appointment of a depositary shall be subject to approval from the competent authority of the home Member State of the AIFM. The competent authority may permit the appointment of more than one depositary where it is satisfied that this will not interfere with the proper performance of all the obligations of the depositary set out in this Directive.
Amendment 159 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. An AIFM shall, for each of the AIF it manages, make available an annual report for each financial year. The annual report shall be made available to investors and competent authorities no later than four months following the end of the financial year or no later than six months following the end of the financial year in the case of AIF which invest in other AIF and which require information from the annual reports or interim reports of those other AIF in order to prepare the annual report.
Amendment 160 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. An AIFM shall, for each of the AIF it manages, make available an annual report for each financial year. The annual report shall be made available to investors and competent authorities no later than four months following the end of the financial year or, in circumstances where information is required from third parties (such as the audit of any underlying investments of the AIF), no later than six months following the end of the financial year.
Amendment 165 #
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 aggregated amount of remuneration, split into fixed and variable remuneration, paid by the AIFM and, where relevant, by the AIF. The requirement referred to in point (ca) does not apply to capital gains made by employees or others from their investments in or alongside AIF managed by the AIFM.
Amendment 167 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The accounting information given in the annual report shall be prepared in accordance with the accounting standards or principles required by the applicable AIF rules or instruments of incorporation or formation and audited by one or more persons empowered by law to audit accounts in accordance with Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on 1 OJ L 157, 9.6.2006, p. 87. 2 OJ L 157, 9.6.2006, p. 87. statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC. The auditor's report, including any qualifications, shall be reproduced in full in the annual report.
Amendment 168 #
2009/0064(COD)
Proposal for a directive
Article 19 – paragraph 4 – subparagraph 1
Article 19 – paragraph 4 – subparagraph 1
The Commission shall adopt implementing measures further specifying the content and format of the annual report. These measures shall be appropriate and proportionate and adapted to the type of AIFM to which they apply and to the AIF to which the report relates, taking account of the different size, resources, complexity, nature, investments, investment strategies and techniques, structures and investors of different types of AIFM and the AIF which they manage.
Amendment 171 #
2009/0064(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Amendment 186 #
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 which permits redemptions at the option of investors, the AIFM shall periodically disclose to investors:
Amendment 201 #
2009/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 a (new)
Article 21 – paragraph 2 – subparagraph 1 a (new)
An AIFM shall only be required to report the information referred to in points (a), (b) and (c) in relation to AIF which permits redemptions at the option of investors.
Amendment 210 #
2009/0064(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Confidentiality Nothing in this Directive shall prevent an AIFM from notifying its competent authority that certain information provided by it pursuant to this Directive is a trade secret or confidential information, without prejudice to the ability of the competent authority to share information with other competent authorities pursuant to this Directive.
Amendment 227 #
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 % or more of the voting rights ofa controlling influence over an issuer or ofver a non-listed company domiciled in the Community, as appropriate;
Amendment 232 #
2009/0064(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) AIFM having concluded an agreement with one or more other AIFM which would allow the AIF managed by these AIFM to acquire 30 % or more of the voting rights ofa controlling influence over the issuer or the non-listed company, as appropriate.
Amendment 236 #
2009/0064(COD)
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Amendment 242 #
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 an AIFM is in a position to exercise 30 % or more of the voting rights ofa controlling influence over a non-listed company, such AIFM notifies to the non- listed company and all other share-holders the information provided for in paragraph 2.
Amendment 244 #
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 position of being able to exercise 30% of the voting rightsa controlling influence.
Amendment 247 #
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% thresholdcontrolling influence has been reached, including information about the identity of the different shareholders involved, 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 249 #
2009/0064(COD)
Proposal for a directive
Article 27 – paragraph 2 – point c
Article 27 – paragraph 2 – point c
(c) the date on which the thresholdcontrolling influence was reached or exceeded.
Amendment 260 #
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 acquires 30 % or more of the voting rights ofa controlling influence over an issuer or a non-listed company, that AIFM makes 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.
Amendment 267 #
2009/0064(COD)
Proposal for a directive
Article 28 – paragraph 1 – subparagraph 3 – point d
Article 28 – paragraph 1 – subparagraph 3 – point d
(d) the identity of the AIFM which either individually or in agreement with other AIFM have reached the 30 % thresholda controlling influence;
Amendment 306 #
2009/0064(COD)
Proposal for a directive
Article 30
Article 30
Where, following an acquisition of 30 % or more of the voting rights ofa controlling influence over an issuer, the shares of that issuer are no longer admitted to trading on a regulated market, it shall nevertheless continue to comply with its obligations under Directive 2004/109/EC for twoone years from the date of withdrawal from the regulated market.
Amendment 308 #
2009/0064(COD)
Proposal for a directive
Article 31 – paragraph 4 a (new)
Article 31 – paragraph 4 a (new)
Amendment 313 #
2009/0064(COD)
Proposal for a directive
Article 35 – paragraph 1 – subparagraph 1
Article 35 – paragraph 1 – subparagraph 1
An AIFM may only market shares or units of an AIF domiciled in a third country to professional investors domiciled in a Member State, if the third country has signed an agreement with this Member State which fully complies with the standards laid down in Article 26 of the OECD Model Tax Convention and ensures an effective exchange of information in tax mattersis included on the OECD list of jurisdictions which have substantially implemented the internationally agreed tax standard.
Amendment 325 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
Amendment 327 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 1 – point e
Article 39 – paragraph 1 – point e
Amendment 332 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1 – point b
Article 39 – paragraph 2 – subparagraph 1 – point b
Amendment 335 #
2009/0064(COD)
Proposal for a directive
Article 39 – paragraph 3 – point b
Article 39 – paragraph 3 – point b
Amendment 1 #
2009/0035(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Micro-entities are in most cases engaged in business at local or regional level with no or limited cross-border activity, usually not exceeding 10 per cent of all incoming payments, and have limited resources to comply with demanding regulatory requirements. In addition, micro-entities are important for creating new jobs, fostering research and development and creating new economic activities.
Amendment 2 #
2009/0035(COD)
Proposal for a directive – amending act
Recital 6
Recital 6
(6) Micro-entities are however often subject to the same reporting rules as larger companies. Those rules put a burden on them which is not in proportion to their size and is therefore disproportionate for the smallest enterprises as compared to the larger enterprises. Therefore it should be possible to exempt micro-entities from the obligation to draw up annual accounts, even if such accounts provide an input for statistical information. However, micro- entities must still be subject to the obligation of cash-based accounting as a minimum standard to which Member States remain free to add further obligations.
Amendment 3 #
2009/0035(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 78/660/EEC
Article 1 a – paragraph 1
Article 1 a – paragraph 1
1. Whilst maintaining the obligation of cash-based accounting, Member States may provide for an exemption from the obligations under this Directive for companies which on their balance -sheet dates do not exceed the limits of two of the three following criteria mentioned in points (a) to (c) and of the following criterion mentioned in point (d): (a) balance sheet total: EUR 500 000; (b) net turnover: EUR 1 000 000; (c) average number of employees during the financial year: 10; (d) incoming payments from cross-border activities in the European Union: 10 per cent of all incoming payments.
Amendment 4 #
2009/0035(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 78/660/EEC
Article 1 a – paragraph 2 – subparagraph 1
Article 1 a – paragraph 2 – subparagraph 1
Where on its balance -sheet date, a company exceeds the limits of two of the three criteria set out in paragraph 1, points (a) to (c), and of the criterion set out in paragraph 1, point (d), in two consecutive financial years that company may no longer benefit from the exemption referred to in that paragraph.
Amendment 5 #
2009/0035(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 78/660/EEC
Article 1 a – paragraph 2 – subparagraph 2
Article 1 a – paragraph 2 – subparagraph 2
Where on its balance -sheet date, a company has ceased to exceed the limits of two of the three criteria set out in paragraph 1, points (a) to (c), and of the criterion set out in paragraph 1, point (d), it may benefit from the exemption referred to in that paragraph, provided that it has not exceeded those limits in two consecutive financial years.
Amendment 3 #
2008/2337(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the Commission, as 1 ‘The Commission will describe and explain its action on these priorities in its annual reports, from 2008’. 2 COM(2008)0777, p. 9. 3 COM(2008)0777, p. 9. announced in its above-mentioned Communication of 5 September 20071, has, in the annual report under review, described the priority actions it intends to pursue in certain areas of complaint and infringement management; welcomes the statements according to which priority will continue to be given to ‘problems having a wide-ranging impact on fundamental rights and free movement’2 and, with regard to the environment, to ‘large infrastructure projects, especially those receiving Community finance; infringements where citizens are on a significant scale or repeatedly exposed to direct harm or serious detriment to their quality of life’3; calls on the Commission to speed up the solution and, subsequently, closure of those infringement procedures that prevent Member States from investing in infrastructures which are of a particular interest for the implementation of the European Economic Recovery Plan; calls on the Commission to provide the parliamentary committees responsible with a detailed plan setting out the time limits and deadlines for the specific actions it intends to launch in these areas;
Amendment 6 #
2008/2243(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls upon the Commission and Council, with regard to the preparation of the Report on the Functioning of Regulation 1/2003, to incorporate the fining principles into Regulation 1/2003 and further improve and specify these principles in order to comply with the requirements of general legal principles;
Amendment 7 #
2008/2243(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the publication of the White Paper on damages actions for breach of EC anti-trust rules but urges that reform be taken forward in a way which ensures that the negative effects of the US system are not repeated in the European Union; reiterates that any fragmentation of procedural law should be avoided and therefore that the DG Health and Consumers Green Paper on collective redress systems for consumers should be awaited in order to examine whether and to what extent a horizontal approach should be chosen so as to facilitate the prosecution of damage compensation claims;
Amendment 29 #
2008/2233(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 4 #
2008/2154(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the White Paper does not consider alternative dispute resolution mechanisms to be an efficient alternative for obtaining collective redress, while acknowledging that out-of-court settlements avoid the expense, delay and uncertainty of collective litigation; whereas several Member States have introduced settlement procedures, and in particular the Dutch Collective Financial Settlement Act of 2005 could serve as a good basis for further work in this field,
Amendment 8 #
2008/2154(INI)
Draft opinion
Paragraph 3 – point b
Paragraph 3 – point b
(b) lay down specific rules on evidence and investigative measures which exclude the possibility of ‘fishing expeditions’ (investigations with a view to discovering unspecified potential evidence)uphold the principle that the party bringing the infringement claim must provide evidence for their claim in order to avoid ‘fishing expeditions’ unless Member States provide for a lightening of the burden of proof;
Amendment 10 #
2008/2154(INI)
Draft opinion
Paragraph 3 – point c
Paragraph 3 – point c
(c) upholdmaintain the fundamental principle that costs should be borne by the unsuccessful party, possibly on the model of the Swedish system, which distinguishes between parties which bring the action (and, if they are unsuccessful, are rthe loser should pay the costs unless a Member State has established different rulesp onsible for meeting the costs thereof) and parties which ‘opt in’ at a later stage allocation of costs;
Amendment 11 #
2008/2154(INI)
Draft opinion
Paragraph 3 – point d
Paragraph 3 – point d
(d) obligrequire those who undertake the defence on the basirepresenting parties ofn a ‘contingency fee’ agreement to give their clients clear information about the charging of cbasis to clearly inform their clients that they will bear the costs if the action is losts in the event of the action being unsuccessfulthat a Member State provides for the possibility of contingency fee arrangements;
Amendment 26 #
2008/2154(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the introduction of a settlement procedure for mass claims that can be initiated either by the parties prior to commencing legal action or following an invitation by the court before which the action is brought and that has the aim of settling the dispute out-of-court by seeking judicial approval of a settlement agreement that can be declared binding upon all the victims that have opted into the procedure;
Amendment 49 #
2008/2154(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that in the event of a successful stand-alone claim a subsequent prosecution by the authorities for breach of competition law is not excluded, but that the amount of the compensation awarded must be borne in mind in calculating the fine; 1calls on the Commission and the Council with regard to the preparation of the report on the functioning of Regulation (EC) 1/2003 to incorporate the fining principles into Regulation (EC) 1/20031 and further improve and specify these principles in order to comply with general legal principles; Or. en OJ L 1, 4.1.2003, p. 1.
Amendment 1 #
2008/2125(INI)
Motion for a resolution
Recital E
Recital E
E. whereas existing portals are primitive, cluttered and not user-friendly, and whereas the best minds in IT should be deployed to improve access to information, electronic systems and registers; whereas a single European justice portal, with differential access for the judiciary, and civil servants, legal and other professionals, on the other, should be accompanied by a citizens’ portal and citizens should provide an identity management system to separate the citizens’ area from the professionals’ area; whereas although it is essential to build on and improve the European Judicial Network, the main emphasis, as never before, should be on access to justice by citizens and business,
Amendment 5 #
2008/2125(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses concern that the bilateral projects being carried out may lead to fragmentation and to particular solutions being adopted that are not necessarily compatible with each other or the best for Europe as a wholeWelcomes bilateral projects where these can be expanded to include all Member States and thus produce the best outcome for Europe as a whole and do not lead to fragmentation and to particular solutions;
Amendment 10 #
2008/2125(INI)
Motion for a resolution
Annex – Recommendation 2 – section 2 – subparagraph 1
Annex – Recommendation 2 – section 2 – subparagraph 1
Amendment 12 #
2008/2125(INI)
Motion for a resolution
Annex – Recommendation 2 – section 4 – subparagraph 2
Annex – Recommendation 2 – section 4 – subparagraph 2
The coordinating and management unit should also bear responsibility for the design and operation of three European e- Justice portals, which should be separate but may share components and featureprovide areas for citizens, legal professionals and the judiciary and civil servants, and report to the Commissioner for Justice, Freedom and Security, the European Parliament and the Council. Feasibility studies of the use of electronic signatures in a legal setting, the interconnection of national databases (insolvency registers, land registers, commercial registers, etc) and the creation of a secure network should be started as soon as possible (not later than 2009- 2010), taking into account the results already achieved by the Council (interconnection of insolvency registers, possible cooperation with EULIS and EBR). The feasibility study for a virtual exchange platform should begin in 2011.
Amendment 6 #
2008/2121(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for a level playing field to be created and for a move away from the fragmented system of copyright levies, by the establishment of a legal obligation requiring all actors in the chain to show on their invoices the amounts paid to collecting societies as part of the copyright levies;
Amendment 9 #
2008/2121(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for consumer surveys to be carried out on a regular basis with a view to assessing how much private copying takes place; regards it as essential for levy tariffs in respect of individual products to be determined on the basis of the volume of legal private copies made by consumers;
Amendment 11 #
2008/2121(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Suggests that a European discussion platform be launched to consider alternative compensation systems for rightholders, with a view to modernising the current system;
Amendment 1 #
2008/2026(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to the Action Plan on European Contract Law and to the Interim Outline Edition of the academic Draft Common Frame of Reference (DCFR); recalls that, at the end of 2008, the study groups will present the final version of the DCFR, for use by the European institutions as a foundation for creating European contract law, and stresses that at that point it will be important for the DCFR to be available in as many official languages as possible in order to facilitate thorough debate by politicians, legal experts and other interested parties concerning the future of European contract law on the basis of the DCFR;
Amendment 39 #
2008/0224(CNS)
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) For these reasons and with a view to ensuring transparency and legal certainty through common rules, it is appropriate to provide for suchaccredited parliamentary assistants, with the exception of assistants working for Members in the Member State in which they were elected, to be employed by way of direct contracts with the European Parliament. In contradistinction, local assistants are employed, in accordance with the aforementioned Implementing Measures for the Statute for Members of the European Parliament, by Members of the European Parliament under contracts concluded under the applicable national law in the Member State in which they are elected.
Amendment 48 #
2008/0224(CNS)
Proposal for a regulation – amending act
Article 2
Article 2
Amendment 51 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 1 – Article 126 – paragraph 1
Chapter 1 – Article 126 – paragraph 1
1. PThe parliamentary assistants shall be classified by grade. in accordance with the indication given in the exercise of their full discretion by the Member or Members whom the assistant will support in their parliamentary activities. For grades 14 - 18 accredited parliamentary assistants shall be required, as a minimum, to have completed a degree and/or have equivalent professional experience.
Amendment 54 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 1 – Article 126 – paragraph 2 a (new)
Chapter 1 – Article 126 – paragraph 2 a (new)
2a. By way of derogation from Article 7, accredited parliamentary assistants shall be entitled to vote in and stand for elections to a representative body, which shall be autonomous from the Staff Committee set up under Article 9 of the Staff Regulations. The provisions necessary to give effect to this entitlement shall be adopted under Article 125(2).
Amendment 55 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 128 – paragraph 1
Chapter 3 – Article 128 – paragraph 1
1. Article 1d of the Staff Regulations shall apply by analogy. A difference of treatment shall be justified if it is based on the special nature of the relationship between the accredited parliamentary assistant and the Member(s) he assists, such as the holding of certain political opinions.
Amendment 63 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 129 – paragraph 3
Chapter 3 – Article 129 – paragraph 3
3. Not less than one month beforeIf during or at the expirynd of the probationary period, a report on his ability to perform his duties and also on his conduct and efficiency shall be made by the Member or the Members of the European Parliament if the work of the parliamentary assistant has not proved adequate to justify retention in his function. That report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within a period of eight days,concerned so request, the abovementioned parliamentary assistant shall be dismissed by the authority referred to in the first paragraph of Article 6. If necessary, the abovementionOtherwise the accredited parliamentary assistant shall be dismissed by the authority referred to in the first paragraph of Article 6, provided the report was communicated to him before the end of the probationary periodeemed able to perform his duties and his conduct and efficiency shall be deemed compliant with the requirements of service.
Amendment 67 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 131 – paragraph 1
Chapter 3 – Article 131 – paragraph 1
1. The contracts of accredited parliamentary assistants shall be concluded for a fixed period. A fixed contract shall not be extended more than twice during a parliamentary term. Unless otherwise specified in the contract itself, the contract shall terminate at the end of the parliamentary term during which it was concluded. Without prejudice to Article 140, the contracts shall expire at the latest by the end of the parliamentary term during which they were concluded.
Amendment 73 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 3 – Article 131 – paragraph 2
Chapter 3 – Article 131 – paragraph 2
2. The European Parliament shall adopt an internal decision defining the criteria applicable toprovisions adopted under Article 125(3) shall set out guidelines for classification on engagement.
Amendment 83 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 4 – Article 132 – paragraph 4
Chapter 4 – Article 132 – paragraph 4
4. Articles 42a, 42b, 55a and 57 to 61 of the Staff Regulations (leave, hours of work and public holidays) and Articles 16(2) to (4) and Article 18 of the present Conditions of employment shall apply by analogy taking into account the particular nature of the tasks and responsibilities assumed by accredited parliamentary assistants. Special leave, parental leave and family leave shall not extend beyond the term of the contract.
Amendment 88 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 5 – Article 134 – table
Chapter 5 – Article 134 – table
Grade 1 2 3 3 4 5 6 5 7 6 Full-time basic salary 1 193,00 1 389,85 1 619,17 1 .886,33 2 197,58.045,18 2.217,41 2 560.404,184 2 982,61 2.606,59 2.826,09 Grade 8 9 7 108 11 9 120 113 142 Full-time basic salary 3 474,74 4 048 3.064,078 4 716,00 5 494,14 6 400,67 7 456,783.322,11 3.601,87 3.905,18 4.234,04 4.590,59 Grade 13 14 15 16 17 18 Full-time basic salary 4.977,17 5.396,30 5.850,73 8 687,15 .343,42 6.877,61 7.456,78
Amendment 93 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 6 – Article 136
Chapter 6 – Article 136
Save as otherwise provided in Article 137, Articles 95 to 111 and 113 to 115 (social security) shall apply by analogy.
Amendment 94 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 6 – Article 136 – paragraph 1 a (new)
Chapter 6 – Article 136 – paragraph 1 a (new)
1a. Article 96(11) shall apply subject to the proviso that in the event that the Commission concludes that an adjustment of the contribution is necessary owing to the inclusion of accredited assistants in the unemployment insurance scheme, the necessary payments shall be financed under an appropriate budget heading and paid from the total appropriations allocated to the section of the budget relating to the European Parliament.
Amendment 97 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 6 – Article 137 – paragraph 4
Chapter 6 – Article 137 – paragraph 4
Amendment 101 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 9 – Article 140 – paragraph 1 – point d
Chapter 9 – Article 140 – paragraph 1 – point d
Amendment 102 #
2008/0224(CNS)
Proposal for a regulation – amending act
Annex – point 3
Annex – point 3
Regulation No 31 (EEC), 11 (EAEC)
Chapter 9 – Article 140 – paragraph 2
Chapter 9 – Article 140 – paragraph 2
2. Where the contract ceases pursuant to paragraph 1(c) or the European Parliament terminates the contract pursuant to paragraph 1(d), the parliamentary assistant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires, subject however to a maximum of three months’ basic salary.
Amendment 94 #
2008/0196(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty establishon the Functioning of the European Community,Union and in particular Article 95114 thereof,
Amendment 95 #
2008/0196(COD)
Proposal for a directive
Citation 4
Citation 4
Acting in accordance with the procedure laid down in Article 251 of the Treaty3 ordinary legislative procedure,
Amendment 96 #
2008/0196(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Article 15369(1) and (3)(a) of the Treatypoint (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provides that the CommunityUnion is to contribute to the attainment of a high level of consumer protection by the measures it adopts pursuant to Article 95114 thereof.
Amendment 97 #
2008/0196(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In accordance with Article 14(2) of the Treaty26 TFEU, the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured. The harmonisation of certain aspects of consumer contract law is necessary for the promotion of a real consumer internal market striking the right balance between a high level of consumer protection and the competitiveness of enterprises, while ensuring the respect of the principle of subsidiarity.
Amendment 99 #
2008/0196(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The laws of the Member States on consumer contracts show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market. The existing CommunityUnion legislation in the field of consumer contracts concluded at a distance or away from business premises, consumer goods and guarantees as well as unfair contract terms establishes minimum standards for harmonising legislation allowing the Member States the possibility to maintain or introduce more stringent measures which ensure a higher level of consumer protection in their territories. Furthermore, many issues are regulated inconsistently between directives or have been left open. These issues have been addressed differently by the Member States. As a result, the national provisions implementing directives on consumer contract law diverge significantly.
Amendment 100 #
2008/0196(COD)
Proposal for a directive
Recital 7
Recital 7
(7) These disparities create significant internal market barriers affecting business and consumers. They increase compliance costs to business wishing to engage in cross border sale of goods or provision of services. Fragmentation also undermines consumer confidence in the internal market. The negative effect on consumer confidence is strengthened by an uneven level of consumer protection across the CommunityUnion. This problem is particularly acute in the light of new market developments.
Amendment 101 #
2008/0196(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Full harmonisation of some key regulatory aspects will considerably increase legal certainty for both consumers and business. Both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating certain aspects of business-to-consumer contracts across the CommunityUnion. The effect will be to eliminate the barriers stemming from the fragmentation of the rules and to complete the internal market in this area. These barriers can only be eliminated by establishing uniform rules at CommunityUnion level. Furthermore consumers will enjoy a high common level of protection across the CommunityUnion.
Amendment 103 #
2008/0196(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) This Directive should not affect national law in the area of general contract law, insofar as this is not harmonised in this Directive.
Amendment 104 #
2008/0196(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The existing CommunityUnion legislation on consumer financial services contains numerous rules on consumer protection. For this reason the provisions of this Directive coverContracts related to the transfer of rights in immovable property or for the construction of immovable property, including the constraucts relating to financial services only insofar as thiion of annexes to immovable property, accommodation and transport services as well as healthcare and social services are subject to a number of specific requirements isn necessary to fillational legislation. For these regulatory gapsasons such contracts should be excluded from the scope of Chapter II.
Amendment 106 #
2008/0196(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The new definition of distance contract should cover all cases where sales and service contracts are concludecontracts concerning the provision of a good or supply of a service are concluded without the simultaneous physical presence of the parties and using exclusively one or more means of distance communication (such as mail order, Internet, telephone or fax). This should create a level playing field for all distance traders. It should also improve legal certainty as compared to the current definition requiring the presence of an organised distance selling scheme run by the trader up to the conclusion of the contractbusinesses.
Amendment 107 #
2008/0196(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The particular circumstances under which an offer was made or the contract was negotiated should not be relevant in the definition of a distance contract. The fact that the trader is an occasional distance seller or that hebusiness uses an organised scheme run by a third party such as an online platform, should not deprive consumers of their protection . Similarly, a transaction negotiated face to face between the traderbusiness and the consumer away from business premises should be a distance contract, if the contract has then been concluded through the exclusive use of means of distance communication, such as the Internet or telephone. For traderbusinesses, a simpler definition of a distance contract should improve legal certainty and protect them from unfair competition. (The change from trader to business applies throughout the text)
Amendment 108 #
2008/0196(COD)
Proposal for a directive
Recital 14
Recital 14
(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the traderbusiness and the consumer, away from business premises, for example at the consumer's home or workplace. In an off- premises context, consumers are under psychological pressuretemporarily in a special situation which is different from the situation in a shop, e.g. from a psychological point of view and as regards the scope for comparing goods and prices, no matter whether they have solicited the trader'sbusiness' visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract. Member States should be able to establish, however, in their national legislation that the value of a contract not exceeding 60 EUR should be excluded from the scope of Chapter II as the information requirements would be disproportionate to the value of the contract. Contracts which, in accordance with the provisions of the Member States, are established by a public official, do not present a situation where the consumer is put under exceptional psychological pressure. Such contracts should be excluded from the scope of Chapter II.
Amendment 110 #
2008/0196(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The definition of dDurable mediuma should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard disk drives of the computer on which the electronic mail or a pdf file is storedfiles saved in unmodifiable form are stored. Internet sites as such should not be regarded as durable media.
Amendment 112 #
2008/0196(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Consumers should be entitled to receive information in good time before the conclusion of the contract. However traders should not have to provide the information when already apparent from the context. For example in an on-premises transactisumer is bound by any distance or off-premises contract or offer. The business should always provide certain information, such as on, the main characteristics of a product, the identity of the trader and the arrangements for delivery may be apparent from the context. In distance and off-premises transactions, the trader should always provide the information onthe good or service or arrangements for payment, delivery, performance and the complaint handling policy, since these might not be apparent from the context.
Amendment 114 #
2008/0196(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 115 #
2008/0196(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Since in the case of distance sales, the consumer is not able to see the good before concluding the contract he should have a right of withdrawal, which allowsing him to ascerta, until expiry of the withdrawal period, to determine the nature and ascertain the functioning of the goods.
Amendment 116 #
2008/0196(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The provisions regarding information and the right of withdrawal for distance sales should, due to the nature of those services, not apply when a consumer uses a public pay phone, pays to use an Internet connection or chooses a specific provider for one single telephone call, for instance by dialling a prefix, in contrast to what is the case for telephone or Internet subscriptions.
Amendment 117 #
2008/0196(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 118 #
2008/0196(COD)
Proposal for a directive
Recital 27
Recital 27
(27) If the traderbusiness has not informed the consumer on the right of withdrawal prior to the conclusion of a distance or off- premises contract, the withdrawal period should be extended. However, in order to ensure legal certainty over time, a three- monthone-year limitation period should be introduced, provided that the trader has fully performed his contractual obligations. The trader should be regarded as having fully performed his obligations when he has delivered the goods or has fully provided the services ordered by the consumer.
Amendment 119 #
2008/0196(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Differences in the ways in which the right of withdrawal is exercised in the Member States have caused costs for businesses selling cross-border. The introduction of a harmonised standardmodel withdrawal form to be used by the consumer should simplify the withdrawal process and bring legal certainty. For these reasons, Member States should refrain from adding any presentational requirements to the CommunityUnion-wide standard form relating for example to the font size. By using the model instructions on withdrawal set out in Annex I(A) the business will also comply with the information requirements for distance and off-premises contracts.
Amendment 120 #
2008/0196(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In case of withdrawal the traderbusiness should reimburse all payments received from the consumer, including those covering the expenses borne by the traderbusiness to deliver goods to the consumer, with the exception of payments for express deliveries at the express wish of the consumer.
Amendment 122 #
2008/0196(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Certain exemptions should exist from the right of withdrawal, such as in cases where a right of withdrawal would be inappropriate given the nature of the product. That is applicable for example to wine supplied a long time after the conclusion of the contract of a speculative nature where the value is dependent on fluctuations in the market and exercising a right of withdrawal would unfairly disadvantage the business. That is applicable in particular to foodstuffs and other hygienically sensitive or perishable goods which by their nature cannot be re-sold after having been opened. Exemptions from the right of withdrawal should also exist for certain other goods and services where the value is dependent on fluctuations in the market, for example to wine supplied a long time after the conclusion of the contract of a speculative nature (vin en primeur) or commodities.
Amendment 123 #
2008/0196(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Furthermore, in case of distance contracts for the provision of services, for which the performance begins during the withdrawal period (e.g. data files downloaded by the consumer during that period), it would be unfair to allow the consumer to withdraw after the service has been enjoyed by the consumer in full or in part. Therefore the consumer should lose his right of withdrawal when performance begins with his prior express agreementConsidering that the consumer when withdrawing from a service contract is not obliged to pay for the services supplied, certain service providers might prefer not to perform until the withdrawal period has expired to ensure being paid. Therefore a consumer should be able to request the supply of services before the end of the withdrawal period. He should retain the right to withdraw from the contract during the withdrawal period, but should be prepared to bear the costs for any services provided up to the point of withdrawal from the contract. Before the performance begins the trader should inform the consumer of any obligation to pay such costs.
Amendment 124 #
2008/0196(COD)
Proposal for a directive
Recital 36
Recital 36
(36) The application of a right of withdrawal may be inappropriate for certain services relating to accommodation, transport and leisure. The conclusion of the corresponding contracts implies the setting aside of capacity which, if a right of withdrawal was introduced, the traderbusiness may find difficult to fill. Therefore these distance and off-premises contracts should not be covered by the provisions on consumer information and the right of withdrawal.
Amendment 125 #
2008/0196(COD)
Proposal for a directive
Recital 37
Recital 37
(37) For the purpose of simplification and legal certainty, the right of withdrawal should apply to all types of distance and off-premises contracts, except under strictly defined circumstances which can easily be proved. Therefore, no right of withdrawal should apply for urgent repairs at the consumer's home for which such a right of withdrawal would be incompatible with the emergency situation as well as for supermarket home-delivery schemes which allow consumers to select food, drinks and other goods intended for current consumption in the household through the supermarket's website and have them delivered at their home. These are goods, which are inexpensive and bought regularly by consumers for their every day's consumption or everyday use in the household and should therefore not be subject to a right of withdrawal. The main difficulties encountered by consumers and the main source of disputes with traders are about delivery of goods, including goods getting lost or damaged during transport and late and partial delivery. Therefore it is appropriate to clarify and harmonise the national rules on delivery and passing of risk.
Amendment 126 #
2008/0196(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) The main difficulties encountered by consumers and the main source of disputes with businesses are about delivery of goods, including goods getting lost or damaged during transport and late and partial delivery. Therefore it is appropriate to harmonise the national rules on delivery and passing of risk. However, the rules concerning the determination of the conditions for and the moment at which the ownership in the goods is transferred remain subject to national law.
Amendment 127 #
2008/0196(COD)
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37b) Where the business has failed to fulfil its obligations to deliver, the consumer should call upon it, on a durable medium, to make the delivery and notify it of his intention to terminate the contract if delivery does not take place. The consumer can withdraw from the contract on expiry of that period if no action has been taken. Without prejudice to his rights to damages, the consumer should be entitled to a refund within seven days of withdrawal if payment has already been made.
Amendment 128 #
2008/0196(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In the context of consumer sales, the delivery of goods can take place in various ways. Only a rule which may be freely derogated from will allow the necessary flexibility to take into account those variations. The consumer should be protected against any risk of loss or damage of the goods occurring during the transport arranged or carried out by the traderbusiness. The rule introduced on the passing of risk should not apply where the consumer unduly delays taking possessionover of the goods (for example, when the goods are not collected by the consumer from the post-office within the deadline fixed by the latter). In those circumstances, the consumer should bear the risk of loss or deterioration after the time of delivery as agreed with the traderbusiness. A consumer should be considered to have taken over the good when he has received it or has access to it.
Amendment 130 #
2008/0196(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Some traderbusinesses or producers offer consumers commercial guarantees. In order to ensure that consumers are not misled, the commercial guarantees should include certain information, including their duration, territorial scope and a statement that the commercial guarantee does not affect the consumer's legal rights. A commercial guarantee shall be drafted in the same language in which the goods were offered.
Amendment 131 #
2008/0196(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Provisions on unfair contract terms should not apply to contract terms, which directly or indirectly reflect mandatory statutory or, regulatory or public policy provisions of the Member States which comply with CommunityUnion law. Similarly terms which reflect the principles or provisions of international conventions to which the CommunityUnion or the Member States are party, particularly in the transport area, should not be subject to the unfairness test.
Amendment 132 #
2008/0196(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Consumer contract terms should be drafted in plain, intelligible language and be legible. Traders should be free to choose the font type or size in which the contract terms are drafted. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g. on the traderbusiness's website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The traderbusiness should seek the consumer's express consent to any payment in addition to the remuneration for the traderbusiness's main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited.
Amendment 133 #
2008/0196(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
Amendment 135 #
2008/0196(COD)
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemed unfair unless the traderbusiness proves otherwise. These same lists should apply in all Member States. Member States should be able to adopt or retain provisions compatible with the TFEU that complete these lists with additional terms.
Amendment 137 #
2008/0196(COD)
Proposal for a directive
Recital 51
Recital 51
Amendment 138 #
2008/0196(COD)
Proposal for a directive
Recital 52
Recital 52
Amendment 139 #
2008/0196(COD)
Proposal for a directive
Recital 53
Recital 53
Amendment 141 #
2008/0196(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 144 #
2008/0196(COD)
Proposal for a directive
Recital 65
Recital 65
(65) Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore be better achieved at CommunityUnion level, the CommunityUnion may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to eliminate the internal market barriers and achieve a high common level of consumer protection.
Amendment 145 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) "consumer' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession;
Amendment 146 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) "traderbusiness' means any natural or legal person who, irrespective of whether it is publicly or privately owned, which, in contracts covered by this Directive, is acting for purposes relating to hithat person's trade, business, craft or profession and anyone acting in the name of or on behalf of a traderbusiness, even if the person does not intend to make a profit in the course of the activity;
Amendment 147 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) "sales contract' means any contract for the sale of goods by the traderunder which a business in accordance with the applicable national law transfers ownership of the goods to thea consumer including any mixed-purpose contract having as its object both goods and serveither immediately upon conclusion of the contract or at a point in the future, and under which the consumer undertakes to pay the prices;
Amendment 149 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
(4a) 'good made to the customer's specifications' means any non- prefabricated good made on the basis of an individual choice or decision by the consumer;
Amendment 150 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) "service contract' means any contract other than a sales contract whereby a service is provided by the trader to the consumerunder which a business undertakes to supply a service to the consumer in exchange for a price;
Amendment 151 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) 'mixed purpose contract' means any contract containing both parts on the supply of services and parts on the delivery of goods;
Amendment 152 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) "distance contract' means any sales or service contract where the trader, for the conclusion of the contractcontract for the provision of a good or supply of a service concluded between a business and a consumer under an organised distance sales or service-provision scheme where the business and the consumer, for the conclusion of the contract, are not simultaneously physically present, but, rather, makes exclusive use of one or more means of distance communication;
Amendment 154 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 155 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) "off-premises contract' means any contract between a business and a consumer for the provision of a good or supply of a service:
Amendment 156 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point a
Article 2 – paragraph 1 – point 8 –point a
(a) any sales or service contractwhich is concluded away from business premises with the simultaneous physical presence of the trader and the consumer or any sales or service contract for which an offer was made by the consumer in the same circumstancesbusiness and the consumer, or
Amendment 157 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point a a (new)
Article 2 – paragraph 1 – point 8 –point a a (new)
(aa) for which an offer was made by the consumer with the simultaneous physical presence of the business and the consumer away from business premises, or
Amendment 158 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 –point b
Article 2 – paragraph 1 – point 8 –point b
(b) any sales or service contractwhich is concluded on business premises but negotiatwhose main components have been determined away from business premises, with the simultaneous physical presence of the traderbusiness and the consumer.
Amendment 159 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
Amendment 160 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
Amendment 161 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
Amendment 162 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
Amendment 163 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) 'public auction' means a method of sale where goods are or a service is offered by the traderbusiness to consumers, who attend or are given the possibility to attend the auction in person, through a competitive bidding procedure run by an auctioneer and where the highest bidder is bound to purchase the goodsduring an event which is physically accessible to the public, through a competitive bidding procedure run by an a third party (the auctioneer) for pecuniary consideration; in an ascending price auction, the good or service goes to the consumer making the highest bid; in a descending price auction, the good or service goes to the consumer who is first to agree immediately to purchase the good or service for the asking price;
Amendment 164 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) '"producer' means the manufacturer of goods, the importer of goods into the territory of the CommunityUnion or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods;
Amendment 165 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) 'commercial guarantee' means any undertaking by the traderbusiness or producer (the 'guarantor') to the consumer, in addition to discharging its legal obligations, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;
Amendment 166 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
Amendment 167 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) 'ancillarylinked contract' means a contract by which the consumer acquires goods or services related toand which forms a single commercial transaction with a distance contract or an off-premises contract and these goods or services are provided by the traderbusiness or a third party on the basis of an arrangement between that third party and the trader. business. A single commercial transaction exists where the good or service covered by the linked contract serves to perform the other contract or is intended for use of the good or service covered by the other contract.
Amendment 168 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply, under the conditions and to the extent set out in its provisions, to sales and service contracts concluded between the traderbusiness and the consumer.
Amendment 169 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 170 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 171 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 175 #
2008/0196(COD)
Proposal for a directive
Article 4
Article 4
Member States may not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection unless otherwise provided in this directive.
Amendment 176 #
2008/0196(COD)
Proposal for a directive
Chapter 2 – title
Chapter 2 – title
Consumer information and right of withdrawal for distance and off-premises contracts
Amendment 177 #
2008/0196(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 178 #
2008/0196(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 179 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or service contract, the traderIn good time before the consumer is bound by any distance or off-premises contract or offer, the business or any person acting in his name or on his behalf shall provide the consumer with the following information, if not already apparent from the contextn a clear and intelligible manner:
Amendment 180 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the main characteristics of the productgood or service, to an extent appropriate to the medium and the productgood or service;
Amendment 181 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the geographical address and the identity of the traderbusiness, such as hits trading name and, where applicable, the geographical address and the identity of the trader on whose behalf he is acting;
Amendment 182 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) the business address of the business as well as its telephone and fax number and e-mail address, where available, to enable the consumer to contact the business quickly and communicate with it efficiently;
Amendment 183 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional diligence;
Amendment 186 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence of a right of withdrawal, where applicablein so far as a right of withdrawal, where applicable, exists, the conditions, period and procedure for exercising that right; for this purpose, the business may use the model instructions on withdrawal and the model withdrawal form set out in Annex I(A) and I(B) respectively or any other clearly worded statement;
Amendment 187 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) where a right of withdrawal does not apply in accordance with Article 19(1) that the consumer will not benefit from a right of withdrawal;
Amendment 188 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
Amendment 190 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) the possibility of having recourse to an amicable dispute settlement, where applicable;
Amendment 191 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i b (new)
Article 5 – paragraph 1 – point i b (new)
(ib) the obligation of the consumer for payment in accordance with Article 17(3) where performance of services has begun during the withdrawal period with the consumer's prior express consent, where applicable;
Amendment 192 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i c (new)
Article 5 – paragraph 1 – point i c (new)
(ic) the existence of codes of conduct and how they can be obtained, where applicable;
Amendment 193 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In the case of a public auction, the information in points (a) and (b) of paragraph 1(b) may be replaced by the geographical address and the identity ofequivalent details for the auctioneer.
Amendment 194 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall not provide for any other formal requirements applicable to the model instructions on withdrawal in Annex I(A).
Amendment 195 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. If the business uses the model instructions on withdrawal in Annex I(A) it will comply with the information requirements for distance and off- premises contracts in paragraph 1(e).
Amendment 196 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The information referred to in paragraph 1 shall form an integral part of the sales or service distance or off-premises contract.
Amendment 197 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Should the provisions of this Article run counter to other legislative provisions of the Union which regulate special contracts, the latter provisions shall take precedence and shall govern those special contracts.
Amendment 198 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. The business bears the burden of proof that is has provided the information required by this article.
Amendment 199 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
3c. Article 5 shall be without prejudice to the provisions concerning information requirements contained in Directive 2006/123/EC of the European Parliament and of the Council[1] and Directive 2000/31/EC of the European Parliament and of the Council[2]. [1] OJ L 376, 27.12.2006, p. 36. [2] OJ L 178, 17.7.2000, p. 1.
Amendment 200 #
2008/0196(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Without prejudice to Articles 7(2), 13 and 42, the consequences of any breach of Article 5, shall be determined in accordance with the applicable national law. Member States shall provide in their national laws for effective contract law remedies for any breach of Article 5.
Amendment 202 #
2008/0196(COD)
Proposal for a directive
Article 7
Article 7
Amendment 203 #
2008/0196(COD)
Proposal for a directive
Chapter III – title
Chapter III – title
Amendment 204 #
2008/0196(COD)
Proposal for a directive
Article 8
Article 8
Amendment 205 #
2008/0196(COD)
Proposal for a directive
Article 9
Article 9
Amendment 207 #
2008/0196(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Formal rules for compliance with information requirements for off-premises contracts
Amendment 208 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. With respect to off-premises contracts, the information provided for in Article 95 shall be given in the order form in plain and intelligible language and be legible. The order form shall include the standard withdrawal form set out in Annex I(B). good time before the consumer if bound by any contract or offer, in so far as this appears appropriate in view of the nature of the contract, in the contract document or on another durable medium in plain and intelligible language and be legible.
Amendment 209 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 211 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall not impose any formpre- contractual requirements other than those provided for in paragraphs 1 and 2Article 5(1).
Amendment 212 #
2008/0196(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Formal rules for compliance with information requirements for distance contracts
Amendment 214 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With respect to distance contracts, the information provided for in Article 9(a)5 shall be given or made available to the consumer prior to the conclusion of the contractin good time before the consumer if bound by any contract or offer, in plain and intelligible language and be legible, in a way appropriate to the means of distance communication used.
Amendment 218 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. If the contract is concluded through a medium which allows limited space or time to display the information, the traderbusiness shall provide at least the information regarding the main characteristics of the product and the total price referred to in Articles 5(1)(a) and (c) on that particular medium prior to the conclusion of such a contract. The other information referred to in Articles 5 and 7 shall be provided by the traderbusiness to the consumer in an appropriate way in accordance with paragraph 1.
Amendment 219 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. If a distance contract concluded on the internet places the consumer under an obligation to make a payment, the consumer shall only be bound by the contract if the business (a) indicates clearly and prominently the total price including all price components and (b) designs its internet presentation in a manner that a binding order is only possible after the consumer has confirmed recognition of the indication required in item (a).
Amendment 221 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The consumer shall receive confirmation of all the information referred to in Article 9(a) to (f)5, on a durable medium, in reasonable time after the conclusion of any distance contract, and at the latest at the time of the delivery of the goods or when the performance of the service has begun, unless the information has already been given to the consumer prior to the conclusion of any distance contract on a durable medium.
Amendment 224 #
2008/0196(COD)
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Member States shall not impose any formpre- contractual requirements other than those provided for in paragraphs 1 to 4Article 5(1).
Amendment 226 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Unless provided otherwise, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of the conclusion of the contract.
Amendment 230 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Amendment 232 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
In the case of a distance or off-premises contract for the saleupply of goods, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of each oftakes over the goods ordered.
Amendment 234 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
In the case of a distance contract for the provision of servicethe recurring supply of identical goods, the withdrawal period shall begin from the day ofn which the conclusion of the contracsumer or a third party other than the carrier takes over the goods delivered first.
Amendment 242 #
2008/0196(COD)
Proposal for a directive
Article 13
Article 13
If the traderbusiness has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b5(1)(e), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his other contractual obligationsone year from the day referred to in Article 12 (1a), and (2).
Amendment 243 #
2008/0196(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. If the business has provided the consumer with the information on the right of withdrawal within one year from the day referred to in Article 12 (1a), and (2), the withdrawal period shall expire after one month from the day where the consumer receives the information.
Amendment 244 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 245 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
Member States shall not provide for any other formal requirements applicable to this standardmodel withdrawal form.
Amendment 246 #
2008/0196(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For distance contracts concluded on the Internet, the traderbusiness may, in addition to the possibilities referred to in paragraph 1, give the option to the consumer either to email the model withdrawal form in Annex I(B) or any other withdrawal statement or to electronically fill in and submit the standard withdrawal form on the trader'sform on a website. In thate latter case the traderbusiness shall communicate to the consumer an acknowledgement of receipt of such a withdrawal by email without delay.
Amendment 247 #
2008/0196(COD)
Proposal for a directive
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
(b) to conclude an distance or off-premises contract, in cases where an offer was made by the consumer.
Amendment 248 #
2008/0196(COD)
Proposal for a directive
Article 16 – title
Article 16 – title
Amendment 249 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The traderbusiness shall reimburse any payment received from the consumer within thirtyfourteen days from the day on which he receives the communication of withdrawal.
Amendment 250 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. If the consumer has expressly opted for a type of delivery other than a standard delivery, the business shall not be required to reimburse the resulting additional costs.
Amendment 252 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. For sales contracts, the traderdistance and off-premises contracts for the supply of goods, the business may withhold the reimbursement until heit has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
Amendment 253 #
2008/0196(COD)
Proposal for a directive
Article 17 – title
Article 17 – title
Obligations of the consumer to return goods in case of withdrawal
Amendment 255 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
For sales contracts for which the material possession of the goods has been transferred to thdistance and off-premises contracts for the supply of goods where consumer or at his request, to a third party has taken over the goods before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the traderbusiness or to a person authorised by the traderbusiness to receive them, within fourteen days from the day on which he communicates his withdrawal to the traderbusiness, unless the traderbusiness has offered to collect the goods himitself.
Amendment 257 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
The consumer shall only be charged for the direct cost of returning the goods unless the trader has agreed to bear that cost. He shall not be charged for that cost if the business has agreed to bear it or the price of the goods to be returned is more than EUR 50.
Amendment 259 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the traderbusiness has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal period(5)(1)(e).
Amendment 261 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. For service contracts the consumer shall bear the costs for services supplied, in full or in part, during the withdrawal period where the business provided the information in accordance with Article 5(1)(k) and where performance of services has begun during the withdrawal period with the consumer's prior express consent.
Amendment 262 #
2008/0196(COD)
Proposal for a directive
Article 18 – title
Article 18 – title
Effects of the exercise of the right of withdrawal on ancillarylinked contracts
Amendment 263 #
2008/0196(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Without prejudice to Article 15 of Directive 2008/48/EC, if the consumer exercises his right of withdrawal from a distance or an off-premises contract in accordance with Articles 12 to 17, any ancillarylinked contracts shall be automatically terminated, without any costs for the consumer which are not provided for in this Directive.
Amendment 264 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. In respect of distance and off-premises contracts, the right of withdrawal shall not apply as regards the following:
Amendment 265 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 268 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the traderbusiness and which may occur within the withdrawal period;
Amendment 270 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(ca) the supply of foodstuffs, beverages or other hygienically sensitive goods whose packaging or sealing has already been opened by the consumer;
Amendment 271 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c b (new)
Article 19 – paragraph 1 – point c b (new)
(cb) contracts for which the consumer, in order to respond to an immediate emergency, has requested the immediate performance of the contract by the business; if, on this occasion, the business supplies or sells additional services or goods other than those which are strictly necessary to meet the immediate emergency of the consumer, the right of withdrawal shall apply to those additional services or goods;
Amendment 272 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point c c (new)
Article 19 – paragraph 1 – point c c (new)
(cc) contracts for which the consumer has specifically requested the business to visit him at home for the purpose of carrying out repairs or maintenance; if on this occasion, the business supplies services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
Amendment 273 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) the supply of wine, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place beyond the time- limit referred to in Article 22(1) and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the traderbusiness;
Amendment 274 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point e
Article 19 – paragraph 1 – point e
(e) the supply of sealed audio or video recordings or sealed computer software which were unsealed by the consumer;
Amendment 276 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point g
Article 19 – paragraph 1 – point g
Amendment 279 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
(h) contracts concluded at an public auction.
Amendment 281 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 282 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The parties may agree not to apply paragraphs 1 and 2.
Amendment 283 #
2008/0196(COD)
Proposal for a directive
Article 20
Article 20
Amendment 285 #
2008/0196(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 288 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Unless the parties have agreed otherwise, the traderbusiness shall deliver the goods by transferring the material possession ofmaking the goods available to the consumer or to a third party, other than the carrier and indicated by the consumer, within a maximum ofreasonable time which in any event shall not be more than thirty days from the day of the conclusion of the contract.
Amendment 293 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the traderIf the business has failed to fulfil hits obligations to deliver in time, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1may call upon it, on a durable medium, to make the delivery within a period appropriate to the circumstances, and notify it of his intention to withdraw from the contract if delivery does not take place. If, upon expiry of that period, no action has been taken, the consumer can terminate the contract. A consumer who has already paid the price shall be entitled to a refund of any sums paid within seven days from the date on which he terminated the contract. This shall be without prejudice to the rights of the consumer to claim damages in accordance with national law.
Amendment 298 #
2008/0196(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The risk of loss of or damage to the goods shall pass to the consumer when he or a third party, other than the carrier and indicated by the consumer has acquired the material possession oftaken over the goods.
Amendment 299 #
2008/0196(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The risk referred to in paragraph 1 shall pass to the consumer atfrom the time of delivery as agreed by the parties,when the goods should have been taken over if the consumer or a third party, other than the carrier and indicated by the consumer has failed to take reasonable steps to acquire the material possession of the goodsperform the obligation to take over the goods and the non-performance is not excused due to an impediment.
Amendment 300 #
2008/0196(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The parties may not, to the detriment of the consumer, exclude the application of this Article, derogate from it or vary its effects.
Amendment 301 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The traderbusiness shall deliver the goods to the consumer in conformity with the sales contract.
Amendment 304 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. Delivered goods shall be presumed to be in conformity with the sales contract if they satisfy the following conditions:
Amendment 307 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) they are fit for the purposes for which goods of the same type are normally used orand
Amendment 312 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article ifwhere, at the time the contract was concluded, the consumer was aware, or should reasonably have been aware of, the lack of conformity, or ifwhere the lack of conformity has its origin in materials supplied by the consumer.
Amendment 313 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 4 – introductory part
Article 24 – paragraph 4 – introductory part
4. The traderbusiness shall not be bound by public statements, as referred to in paragraph 2(d) if he shows thatwhere one of the following situations existed:
Amendment 316 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) by the time of conclusion of the contract the statement had been corrected and the consumer had the opportunity to become aware of the correction;
Amendment 317 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Any lack of conformity resulting from the incorrect installation of the goods shall be considered as a lack of conformity of the goods where the installation forms part of the sales contract and the goods were installed by the traderbusiness or under hits responsibility. The same shall apply equally if the goods, intended to be installed by the consumer, are installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions.
Amendment 319 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. AUnder the conditions provided for in paragraphs 2 to 5, where the goods do not conform to the contract, the consumer ishall be entitled to:
Amendment 322 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) have the price reduced, or
Amendment 326 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 1
Article 26 – paragraph 3 – subparagraph 1
3. Where the traderbusiness has proved that remedying the lack of conformity by repair or replacement is unlawful, impossible or would cause the trader business a disproportionate effort, the consumer may choose to have the price reduced or the contract rescinded. A trader'sbusiness' effort is disproportionate if where it imposes costs on himit which, in comparison with the price reduction or the rescission of the contract, are excessive, taking into account the value of the goods ifwhere there was no lack of conformity and the significance of the lack of conformity.
Amendment 327 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
Amendment 334 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) after repair the same defect has reappeared more than once within a short period of time.
Amendment 337 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 5
Article 26 – paragraph 5
5. The significant inconvenience for the consumer and the reasonable time needed for the traderbusiness to remedy the lack of conformity shall be assessed taking into account the nature of the goods orand the purpose for which the consumer acquired the goods as provided for by Article 24(2)(b).
Amendment 340 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. The consumer may only rescind the contract if the lack of conformity is not minor.
Amendment 342 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 5 b (new)
Article 26 – paragraph 5 b (new)
5b. In addition to the remedies set out in paragraph 1, Member States may entitle the consumer to terminate the contract during a period of thirty days from the time the risk passed to the consumer, where the lack of conformity is not minor. The burden of proof is incumbent on the business. Member States shall notify the provisions to the Commission which shall make this information public in an easily accessible way.
Amendment 343 #
2008/0196(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Without prejudice to the provisions of this Chapter, the consumer may claim damages provided for by national law for any loss not remedied in accordance with Article 26.
Amendment 346 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. Member States may extend the time limit up to 6 years for all goods or certain goods or where a significant lack of conformity becomes apparent after the period referred to in paragraph 1. Member States shall notify the corresponding provision to the Commission which shall make this information public in an easily accessible way.
Amendment 348 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the traderbusiness has remedied the lack of conformity by replacement, heit shall be held liable under Article 25 where the lack of conformity becomes apparent within two years as from the time the consumer or a third party indicated by the consumer has acquired the material possession oftaken over the replaced goods.
Amendment 358 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. The guarantee statement shall be drafted in plain intelligible language and be legible. It shall also be drafted in the same language in which the goods were offered and, if not otherwise provided in the guarantee statement, shall be binding on the guarantor in favour of every owner of the goods within the duration of the guarantee. It shall include the following:
Amendment 359 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point a
Article 29 – paragraph 2 – point a
(a) legal rights of the consumer, as provided for in Article 26 and Article 28 and a clear statement that those rights are not affected by the commercial guarantee,
Amendment 360 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point b
Article 29 – paragraph 2 – point b
(b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and the name and address of the guarantor, the name and address of the guarantor and the name and address of the person to whom any notification is to be made and the procedure by which the notification is to be made,
Amendment 363 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable, that the commercial guarantee cannot be transferred to a subsequent buyowner.
Amendment 364 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
3. If the consumer so requests, the traderThe business shall make the guarantee statement available in a durable medium. If this obligation is not observed the guarantee holder may require the guarantor to provide the guarantee statement which conforms with the requirements in paragraph 2.
Amendment 366 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. This Chapter shall apply to contract terms drafted in advance by the traderbusiness or a third party, which the consumer agreed to without having the possibility ofhave not been individually negotiated. A term shall always be regarded as not individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influencinge their content substance of the term, in particular where such contract terms are is part of a pre-formulated standard contract.
Amendment 367 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The fact that the consumer had the possibility of influencing the content of certain aspects of a contract term or one specific term have been individually negotiated, shall not exclude the application of this Chapter to other contract terms which form part of the contract..
Amendment 369 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
3. This Chapter shall not apply to contract terms reflecting mandatory statutory or, regulatory or ordre public provisions, which comply with CommunityUnion law and the provisions or principles of international conventions to which the CommunityUnion or the Member States are party.
Amendment 378 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Member States shall refrain from imposing any presentational requirements as to the way the contract terms are expressed or made available to the consumerrequirements on the presentation of contract terms, except for presentational requirements in relation to persons with disabilities.
Amendment 382 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attending the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31.
Amendment 383 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the business in accordance with Article 31 (1) and 31 (2). A term which has been supplied by the business in breach of the duty of transparency imposed by paragraph 1 may on that ground alone be considered unfair.
Amendment 385 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Paragraphs 1 and 2 shall not apply to the assessment of the main subject matter of the contract or to the adequacy of the remuneration foreseen for the trader'sbusiness' main contractual obligation, provided that the traderbusiness fully complies with Article 31 (1) and 31 (2).
Amendment 391 #
2008/0196(COD)
Proposal for a directive
Article 34
Article 34
Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40. . Member States may adopt or retain provisions compatible with the Treaty that complete this list with additional terms considered unfair in all circumstances.
Amendment 393 #
2008/0196(COD)
Proposal for a directive
Article 35
Article 35
Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considerpresumed unfair, unless the traderbusiness has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40. Member States may adopt or retain provisions compatible with the Treaty that complete this list with additional terms presumed unfair.
Amendment 395 #
2008/0196(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Contract terms which are unfair according to this Directive shall not be binding on the consumer in accordance with national law. The contract shall continue to bind the parties if it can remain in force without the unfair terms.
Amendment 396 #
2008/0196(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall ensure that, in the interests of consumers and competitors, adequate and effective means exist to prevent the continued use of unfair terms in contracts concluded with consumers by traderbusinesses.
Amendment 397 #
2008/0196(COD)
Proposal for a directive
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Member States shall enable the courts or administrative authorities to apply appropriate and effective means to prevent traders from continuing tobusinesses from the use of terms which have been found unfair.
Amendment 398 #
2008/0196(COD)
Proposal for a directive
Article 39
Article 39
Amendment 400 #
2008/0196(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
Amendment 401 #
2008/0196(COD)
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
The consumer shall be exempted from the provision of any consideration in cases of unsolicited supply of a productgood or service as prohibited by Article 5(5) and point 29 of Annex I of Directive 2005/29/EC. The absence of a response from the consumer following such an unsolicited supply shall not constitute consent.
Amendment 402 #
2008/0196(COD)
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
Directives 85/577/EEC 93/13/EEC and 97/7/EC and Directive 1999/44/EC, as amended by the Directives listed in Annex IV, are repealed as of [date of transposition].
Amendment 405 #
2008/0196(COD)
Proposal for a directive
Annex I – part A
Annex I – part A
A. Information to be provided with the withdrawal form 1. The name, geographical address and the email address of the trader to whom the withdrawal form must be sent. 2. A statement that the consumer has a right to withdraw from the contract and that this right can be exercised by sending the withdrawal form below on a durable medium to the trader referred to in paragraph 1: (a) for off-premises contracts, within a period of fourteen days following his signature of the order form; (b) for distance sales contracts, within a period of fourteen days following the material possession of the goods by the consumer or a third party, other than the carrier and indicated by the consumer; (c) for distance service contracts: - within a period of fourteen days following the conclusion of the contract, where the consumer has not given his prior express consent for the performance of the contract to begin before the end of this fourteen day period; - within a period ending when the performance of the contract begins, where the consumer has given his prior express consent for the performance of the contract to begin before the end of the fourteen day period. 3. For all sales contracts, a statement informing the consumer about the time- limits and modalities to send back the goods to the trader and the conditions for the reimbursement in accordance with Articles 16 and 17(2). 4. For distance contracts concluded on the Internet, a statement that the consumer can electronically fill in and submit the standard withdrawal form on the trader's website and that he will receive an acknowledgement of receipt of such a withdrawal from the trader by email without delay. 5. A statement that the consumer can use the withdrawal form set out in Part B. Model instructions on withdrawal Right of withdrawal You may withdraw on a durable medium from this contract within a period of 14 days without giving any reason. The period for withdrawal shall begin [on receipt of the goods ordered] 1. The day [on which the goods are received] 2 shall not be counted as part of the period for withdrawal. If the last day of the period for withdrawal falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. The period for withdrawal shall be deemed to have been observed if notice of withdrawal is sent before its expiry. Notice of withdrawal should be sent on a durable medium (for example in the form of a posted letter) 3 to: 4. You may use the model withdrawal form below, although you are not required to do so. Effects of withdrawal For withdrawal to be valid you must send the goods back, at [our expense] 5, within a period of 14 days of sending your notice of withdrawal. The day on which you send the notice of withdrawal shall not be counted as part of the period for return of the goods. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. If you are unable to return the goods in their original condition, you shall be liable for any deterioration in their value. This provision shall apply only if the deterioration in value is attributable to the goods having been handled in a manner other than that necessary for ascertaining their nature, qualities and functioning. You can prevent deterioration by refraining from using the goods as you would your own property and by avoiding any form of handling liable to reduce their value. In the case of valid withdrawal, we must reimburse within a period of 14 days any payment you have made to us. The period for reimbursement shall begin when we receive your notice of withdrawal. The day on which we receive the notice of withdrawal shall not be counted as part of the period for reimbursement. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. We may refuse to reimburse you until we have [received the returned goods] 6 Advice on alternative wording: 1. In the following specific cases, the text in parentheses should read as indicated: Unless provided otherwise for distance or off-premises contracts for the supply of services: 'from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract '. 2. In the following specific cases, the text in parentheses should read as indicated: Unless provided otherwise for distance or off-premises contracts for the supply of services: 'from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract'. 3. In the case of distance contracts, additional text should be the inserted as follows: (a) if the business allows the consumer to withdraw from the contract by e-mail: 'or by e-mail'; (b) if the business allows the consumer to fill in a model form electronically on a website: 'or via our website'. 4. To be inserted: the business' name and business address. In the case of distance contracts, the following must also be indicated: the e-mail and/or web address of the business which the consumer can use to withdraw from the contract. 5. If the price of the goods to be returned is not more than EUR 50, the text in parentheses should read as follows: 'your own expense'. 6. If the business offers to collect the goods from the consumer, the text in parentheses should read as follows: 'collected the goods from you'.
Amendment 406 #
2008/0196(COD)
Proposal for a directive
Annex II – part B
Annex II – part B
B. Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) – To– To: (Business' name, business address and, where appropriate, e-mail address)(*) – I/We* (**)hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the following service* – Ordered on*/received on*with you – Ordered on(***) – Name of consumer(s) (***) – Address of consumer(s) – Signature of consumer(s) ((***) – Consumer('s )Signature of (required only if thise form is notified in writing) – Date *Delete as appropriate.sent on paper ) (***) – Date(***) (*) To be filled in by the business before providing the form to the consumer. (**) Delete where non-applicable. (***) To be filled in by the consumer(s) if this form is used for withdrawal from the contract
Amendment 407 #
2008/0196(COD)
Proposal for a directive
Annex II – paragraph 1 – point a a (new)
Annex II – paragraph 1 – point a a (new)
(aa) excluding or limiting the liability of the business for damage on the property of the consumer caused deliberately or as a result of gross negligence through an act or omission by the business;
Amendment 408 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point b
Annex 2 – paragraph 1 – point b
(b) limiting the trader'sbusiness' obligation to respect commitments undertaken by hits agents or making hits commitments subject to compliance with a particular condition, the fulfilment of which depends exclusively on the traderbusiness;
Amendment 409 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point c a (new)
Annex 2 – paragraph 1 – point c a (new)
(ca) conferring exclusive jurisdiction for all disputes arising under the contract to the place where the business is domiciled unless the chosen court is also the court for the place where the consumer is domiciled;
Amendment 410 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point a a (new)
Annex 3 – paragraph 1 – point a a (new)
(aa) makes binding on the consumer an obligation which is subject to a condition the fulfilment of which depends solely on the intention of the business;
Amendment 414 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point e
Annex 3 – paragraph 1 – point e
(e) enabling the traderbusiness to terminate an open-ended contract contractual relationship of indeterminate duration without reasonable notice, except where the consumer has committed a serioure are serious grounds for doing so; this does not affect terms in financial services contracts where there is a valid reason, provided the supplier is breach of contractquired to inform the other contracting party thereof immediately;
Amendment 415 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point g
Annex 3 – paragraph 1 – point g
(g) allowing the traderproviding that the price of goods or other assets is to be determined at the time of delivery or supply or allowing the business to increase the price agreed with the consumer when the contract was concluded without giving the consumer the right to terminate the contract if the increased price is too high in relation to the price agreed at the conclusion of the contract; this does not affect price- indexation clauses, where lawful, provided that the method by which prices vary is explicitly described;
Amendment 416 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point k
Annex 3 – paragraph 1 – point k
(k) enabling the traderbusiness to unilaterally alter the terms of the contract including the characteristics of the product or service without a valid reason which is specified in the contract; this does not affect terms under which a supplier of financial services reserves the right to change the rate of interest to be paid by, or to, the consumer, or the amount of other charges for financial services without notice where there is a valid reason, provided that the supplier is required to inform the consumer at the earliest opportunity and that the consumer is free to terminate the contractual relationship with immediate effect; neither does it affect terms under which a business reserves the right to alter unilaterally the conditions of a contract of indeterminate duration, provided that the business is required to inform the consumer with reasonable notice, and that the consumer is free to terminate the contractual relationship;
Amendment 417 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point l a (new)
Annex 3 – paragraph 1 – point l a (new)
(la) allowing a business, where what has been ordered is unavailable, to supply an equivalent without having expressly informed the consumer of this possibility and of the fact that the business must bear the cost of returning what the consumer has received under the contract if the consumer exercises a right to withdraw.
Amendment 418 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 2
Annex 3 – paragraph 2
Amendment 419 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 3 – point c a (new)
Annex 3 – paragraph 3 – point c a (new)
(ca) package travel contracts regulated by Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.
Amendment 420 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 4 – introductory part
Annex 3 – paragraph 4 – introductory part
4. Point 1(e), (g) and (k) shall not apply to
Amendment 421 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 4 – point a
Annex 3 – paragraph 4 – point a
Amendment 422 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 4 – point d
Annex 3 – paragraph 4 – point d
Amendment 21 #
2008/0182(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 78/855/EEC
Articles 26 and 27
Articles 26 and 27
10. Articles 26 and 27 areis replaced by the following: "Articles 24 and 25 shall apply to operations whereby one or more companies are wound up without going into liquidation and transfer all their assets and liabilities to another company, if all the shares and other securities specified in Article 24 of the company or companies being acquired are held by the acquiring company and/or by persons holding those shares and securities in their own names but on behalf of that company.6 Article 27 Article 27 In cases of merger where one or more companies are acquired by another company which holds 90 % or more, but not all, of the shares and other securities of each of those companies the holding of which confers the right to vote at general meetings, the Member States shall not require approval of the merger by the general meeting of the acquiring company if the conditions set out in Article 8 (a), (b) and (c) are fulfilled."
Amendment 22 #
2008/0182(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 78/855/EEC
Article 29
Article 29
Amendment 71 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2006/116/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Article 3 (1) and (2) in their vExtensions to the persion asds, under Article 3, amended by Directive [// insert: Nr. of the amending directive] shall continue to apply only to fixations of performances and phonograms in regard of which the performer and the phonogram producer are still protected, by virtue of these provisions, on [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below]cern only rights established from 1 January 2009 onwards.
Amendment 5 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 (a)
Article 4 – paragraph 1 (a)
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, and education shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, or goods and services in question or require the provision of alternatives thereto.
Amendment 6 #
2008/0140(CNS)
Proposal for a directive
Article 12
Article 12
Amendment 7 #
2008/0140(CNS)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States and national equality bodies shall communicate to the Commission, by …. at the latest and every five years thereafter, all the information necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.
Amendment 1 #
2008/0130(CNS)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Community forms of company imply of a cross-border component. On the other hand, the required cross-border component should not be an obstacle for the founding of a European private company (hereinafter "SPE"). However, Member States should, without prejudice to the requirements of registration, have the option of an ex-post check in order to examine, after a period of two years, whether the SPE fulfils the condition of a cross-border component;
Amendment 2 #
2008/0130(CNS)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to enable businesses to reap the full benefits of the internal market, the SPE should be able to have its registered office and principal place of business in different Member States and to transfer its registered office from one Member State to another, with or without also transferring its central administration or principal place of business. ; at the same time, however, steps should be taken to prevent SPEs from being misused for regime shopping and circumventing legitimate legal requirements of Member States.
Amendment 3 #
2008/0130(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) it shall have a business objective which must be clearly defined and consist in producing or trading in goods and/or providing services;
Amendment 4 #
2008/0130(CNS)
Proposal for a regulation
Article 3 - paragraph 1 - point e b (new)
Article 3 - paragraph 1 - point e b (new)
Amendment 5 #
2008/0130(CNS)
Proposal for a regulation
Article 7
Article 7
An SPE shall have its registered office and its central administration or principal place of business in the Community. An SPE shall not be under any obligation to have its central administration or principal place of business in the Member State in which it has its registered office. If the central administration or principal place of business is located in a Member State other than that in which it has its registered office, the SPE shall be required to lodge in the register of the place where the central administration or principal place of business is located the particulars prescribed by Article 10(2), points (a), (b) and (c). The information recorded in the register shall be deemed to be accurate.
Amendment 6 #
2008/0130(CNS)
Proposal for a regulation
Article 8
Article 8
1. An SPE shall have articles of association that cover at least the matters set out in this Regulation, as provided for in Annex I. 2. The articles of association of a SPE shall be in writing and signed by every founding shareholder. Further formalities may be prescribed by the existing applicable national law, unless the SPE uses model articles of association. 3. The articles of association and any amendments thereto may be relied upon as follows: a) in relation to the shareholders and the management body of the SPE and its supervisory body, if any, from the date on which they are signed or, in the case of amendments, adopted; b) in relation to third parties, in accordance with the provisions of the applicable national law implementing paragraphs 2, 5, 6 and 7 of Article 3 of Directive 68/151/EEC.
Amendment 7 #
2008/0130(CNS)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. A copy of each registration of an SPE and copies of all subsequent amendments thereto shall be sent by the respective national registers to a European register managed by the Commission and held in that European register. The Commission shall monitor the data entered in that register, particularly with a view to avoiding possible abuses and mistakes.
Amendment 8 #
2008/0130(CNS)
Proposal for a regulation
Article 10
Article 10
1. Application for registration shall be made by the founding shareholders of the SPE or by any person authorised by them. Such application may be made by electronic means in accordance with the provisions of the applicable national law implementing Article 3(2) of Directive 68/151/EEC. 2. Member States shall not require any particulars and documents to be supplied upon application for the registration of a SPE other than the following: a) the name of the SPE and the address of its registered office; b) the names, addresses and any other information necessary to identify the persons who are authorised to represent the SPE in dealings with third parties and in legal proceedings, or take part in the administration, supervision or control of the SPE; c) the share capital of the SPE; (ca) the list of shareholders in accordance with Article 15; d) the share classes and the number of shares in each share class; e) the total number of shares; f) the nominal value or accountable par of the shares; g) the articles of association of the SPE; h) where the SPE was formed as a result of a transformation, merger or division of companies, the resolution on the transformation, merger or division that led to the creation of the SPE. 3. The documents and particulars referred to in paragraph 2 shall be provided in the language required by the applicable national law. 4. Registration of the SPE mayshall be subject to only one of the following requirements: (a) a control by an administrative or judicial body of the legality of the documents and particulars of the SPE; (b) the certification of the documents and particulars of the SPE. 5. The SPE shall submit any change in the particulars or documents referred to in points (a) to (g) of paragraph 2 to the register within 14 calendar days of the day on which the change takes place. After every amendment to the articles of association, the SPE shall submit its complete text to the register as amended to date. The second sentence of paragraph 1 and paragraph 4 shall apply mutatis mutandis. 6. The registration of an SPE shall be disclosed.
Amendment 9 #
2008/0130(CNS)
Proposal for a regulation
Article 15
Article 15
1. The management body of the SPE shall draw up a list of shareholders. The list shall contain at least the following: a) the name of, and a postal address ofor, each shareholder; b) the number of shares held by the shareholder concerned, their nominal value or accountable par; c) where a share is owned by more than one person, the names and addresses of the co-owners and of the common representative; d) the date of acquisition of the shares; e) the amount of each consideration in cash, if any, paid or to be paid by the shareholder concerned; f) the value and nature of each consideration in kind, if any, provided or to be provided by the shareholder concerned; g) the date on which a shareholder ceases to be a member of the SPE. 2. The list of shareholders as registered in accordance with Article 10 shall, unless proven otherwise, constitute evidence of the authenticitccuracy of the matters listed in points (a) to (g) of paragraph 1. 3. The list of shareholders as registered in accordance with Article 10 and any amendments thereto shall be kept by the management body and may be inspected by the shareholders or third parties on request.
Amendment 10 #
2008/0130(CNS)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. On notification by the shareholder of a transfer, the management body shall, without undue delay, enter the shareholder in the list referred to in Article 15 and registered in accordance with Article 10, provided that the transfer has been executed in accordance with this Regulation and the articles of association of the SPE and the shareholder submits reasonable evidence as to his lawful ownership of the share.
Amendment 11 #
2008/0130(CNS)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The capital of the SPE shall be at least EUR 1, provided that the articles of association require that the management body sign a solvency certificate as referred to in Article 21. Where the articles of association contain no provision to that effect, the capital of the SPE shall be at least EUR 8 000.
Amendment 12 #
2008/0130(CNS)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Amendment 13 #
2008/0130(CNS)
Proposal for a regulation
Article 38
Article 38
1. The SPE shall be subject, as from the date of registration, to the rules in force in the host Member State, if any, concerning arrangements for the participation of employees. 2. Paragraph 1 shall not apply where themore than 250 employees of the SPE , corresponding the home Member State account for at least one third of the total number of employees of the SPE including subsidiaries or branches of the SPE in anyo at least two-thirds of its employees, work in a Member State or Member States which provide for a greater degree of employee participation than the host Member State, and where one of the following conditions is met: (a) the legislation of the host Member State does not provide for at least the same level of participation as that operated in the SPE in the home Member State prior to its registration in the host Member State. The level of employee participation shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory body or their committees or of the management group which covers the profit units of the SPE, subject to employee representation; (b) the legislation of the host Member State does not confer on the employees of establishments of the SPE that are situated in other Member States the same entitlement to exercise participation rights as such employees enjoyed before the transfer. 3. Where one of the conditions set out in points a) or b) of paragraph 2 is met, the management body of the SPE shall take the necessary steps, as soon as possible, after disclosure of the transfer proposal, to start negotiations with the representatives of the SPE’s employees with a view to reaching an agreement on arrangements for the participation of the employees. 4. The agreement between the management body of the SPE and the representatives of the employees shall specify: (a) the scope of the agreement; (b) where, during the negotiations, the parties decide to establish arrangements for participation in the SPE following the transfer, the substance of those arrangements including, where applicable, the number of members in the company's administrative or supervisory body employees will be entitled to elect, appoint, recommend or oppose, the procedures as to how these members may be elected, appointed, recommended or opposed by employees, and their rights; (c) the date of entry into force of the agreement and its duration, and any cases in which the agreement should be renegotiated and the procedure for its renegotiation. 5. Negotiations shall be limited to a period of six months. The parties may agree to extend negotiations beyond this period for an additional six-month period. The negotiations shall otherwise be governed by the law of the home Member State. 6. In the absence of an agreementwhich applied in the SPE prior to the transfer; (b) the legislation of the host Member State does not confer on the employees of establishments of the SPE that are situated in other Member States the same entitlement to exercise participation rights as such employees enjoyed before the transfer. 3. Where, pursuant to paragraph 2, paragraph 1 does not apply, points (a) to (i) of Article 34(1a) shall apply mutatis mutandis. 4. Where the parties have failed to conclude an agreement by the end of the period referred to in point (i) of Article 34(1a) and the special negotiating body has not taken any decision pursuant to point (g) of Article 34(1a), the participation arrangements existing in the homeSPE prior to its registration in the host Member State shall be maintained.
Amendment 7 #
2008/0084(COD)
Draft legislative resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to the opinion of the High Level Group of Independent Stakeholders on Administrative Burdens of 10 July 2008 on reducing administrative burdens in the priority area of company law / annual accounts,
Amendment 8 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point -1 a (new)
Article 1 – point -1 a (new)
Directive 78/660/EEC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(-1a) In Article 1 of Directive 78/660/EEC, the following paragraph is added: "2a. This Directive shall not apply to undertakings which on their balance sheet dates do not exceed the limits of two of the three following criteria: – balance sheet total: EUR 1 000 000 – net turnover: EUR 2 000 000 – average number of employees during the financial year: 20."
Amendment 9 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 78/660/EEC
Article 11 – introductory phrase
Article 11 – introductory phrase
(-1b) In Article 11 of Directive 78/660/EEC, the introductory phrase is replaced by the following: "Member States shall permit companies which on their balance sheet dates do not exceed the limits of two of the three following criteria: – balance sheet total: EUR 5 000 000; – net turnover: EUR 10 000 000; – average number of employees during the financial year: 50 to draw up abridged balance sheets showing only those items preceded by letters and roman numerals in Articles 9 and 10, disclosing separately the information required in brackets in D (II) under "Assets" and C under "Liabilities" in Article 9 and in D (II) in Article 10, but in total for each."
Amendment 10 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point -1 c (new)
Article 1 – point -1 c (new)
Directive 78/660/EEC
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
(-1c) In Article 11 of Directive 78/660/EEC, the following paragraph 1a is inserted: "The Member States shall provide for the abridged balance sheet under paragraph 1 also for: – companies under Article 27 the shares in which are held by their manager or managers, – unlimited-liability companies falling within the scope of this Directive, and – companies within the meaning of Article 2(1) of Directive 89/667/EEC (single-member companies)."
Amendment 11 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 78/660/EEC
Article 12 – paragraph 1
Article 12 – paragraph 1
(-1d) Article 12(1) of Directive 78/660/EEC shall be replaced by the following: "1. Where on its balance sheet date, a company exceeds [...] the limits of two of the three criteria indicated in Article 11, that fact shall affect the application of the derogation provided for in that Article only if it occurs in five consecutive financial years. Where on its balance sheet date, a company ceases to exceed the limits of two of the three criteria indicated in Article 11, that fact shall affect the application of the derogation provided for in that Article only if it occurs in one financial year."
Amendment 12 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point -1 e (new)
Article 1 – point -1 e (new)
Directive 78/660/EEC
Article 27 – paragraph 1 – introductory phrase
Article 27 – paragraph 1 – introductory phrase
(-1e) In Article 27, first paragraph, the introductory phrase is replaced by the following: "The Member States shall permit companies which on their balance sheet dates do not exceed the limits of two of the three following criteria: – balance sheet total: EUR 20 000 000 – net turnover: EUR 40 000 000 – average number of employees during the financial year: 250 to adopt layouts different from those prescribed in Articles 23 to 26 [...]:"
Amendment 13 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point -1 f (new)
Article 1 – point -1 f (new)
Directive 78/660/EEC
Article 29
Article 29
(-1f) Article 29 of Directive 78/660/EEC is repealed.
Amendment 14 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 78/660/EEC
Article 30
Article 30
(-1g) Article 30 of Directive 78/660/EEC is repealed.
Amendment 15 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point -1 h (new)
Article 1 – point -1 h (new)
Directive 78/660/EEC
Article 44 – paragraph 1
Article 44 – paragraph 1
(-1h) Article 44(1) of Directive 78/660/EEC is replaced by the following: "1. Member States shall permit the companies referred to in Article 11 to draw up abridged notes on their accounts without the information required in Article 43(1)(4) to (12), (14)(a) and (15). However, the notes must disclose the information specified in Article 43(1)(6) in total for all the items concerned."
Amendment 16 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point -2 (new)
Article 1 – point -2 (new)
Directive 78/660/EEC
Article 44 – paragraph 2
Article 44 – paragraph 2
(-2) Article 44(2) of Directive 78/660/EEC is replaced by the following: "2. Member States shall exempt the companies referred to in paragraph 1 from the obligation to disclose [...] the information prescribed in Article 15(3)(a) and (4), Articles 18 and 21, Article 33(2)(a), second subparagraph and (4), Article 34(2), Article 35(1)(d), Article 39(1)(c), second sentence, Article 40(2), Article 41(1), second sentence, Article 42, second paragraph, and Article 42d."
Amendment 17 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 78/660/EEC
Article 46 – paragraph 3
Article 46 – paragraph 3
(2a) Article 46(3) of Directive 78/660/EEC is replaced by the following: "3. Member States shall waive the obligation on companies covered by Article 11 to prepare annual reports, provided that the information referred to in Article 22(2) of Directive 77/91/EEC concerning the acquisition by a company of its own shares is given in the notes to their accounts."
Amendment 18 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Directive 78/660/EEC
Article 46 – paragraph 4
Article 46 – paragraph 4
Amendment 19 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point 2 c (new)
Article 1 – point 2 c (new)
Directive 78/660/EEC
Article 47 – paragraph 2 – subparagraph 1 – introductory phrase
Article 47 – paragraph 2 – subparagraph 1 – introductory phrase
(2c) In Article 47(2), first subparagraph, of Directive 78/660/EEC, the introductory phrase is replaced by the following: "2. By way of derogation from paragraph 1, Member States shall permit the companies referred to in Article 11 to publish only:"
Amendment 20 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point 2 d (new)
Article 1 – point 2 d (new)
Directive 78/660/EEC
Article 47 – paragraph 2 – subparagraph 3
Article 47 – paragraph 2 – subparagraph 3
(2d) Article 47(2), third subparagraph, of Directive 78/660/EEC is replaced by the following: "In addition, Member States shall relieve such companies from the obligation to publish their profit and loss accounts and annual reports and the opinions of the persons responsible for auditing the accounts."
Amendment 21 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point 2 e (new)
Article 1 – point 2 e (new)
Directive 78/660/EEC
Article 47 – paragraph 3 – subparagraph 1 – introductory phrase
Article 47 – paragraph 3 – subparagraph 1 – introductory phrase
(2e) In Article 47(3), first subparagraph, of Directive 78/660/EEC, the introductory phrase is replaced by the following: "3. Member States shall permit the companies referred to in Article 27 to publish only:"
Amendment 22 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point 2 f (new)
Article 1 – point 2 f (new)
Directive 78/660/EEC
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
(2f) In Article 50 of Directive 78/660/EEC, the following paragraph is inserted: "Member States shall exempt the companies referred to in Article 11 from the obligation in paragraph 1."
Amendment 23 #
2008/0084(COD)
Proposal for a directive – amending act
Article 1 – point 2 g (new)
Article 1 – point 2 g (new)
Directive 78/660/EEC
Article 51 – paragraph 2 − subparagraph 1
Article 51 – paragraph 2 − subparagraph 1
(2g) Article 51(2), first subparagraph, of Directive 78/660/EEC is replaced by the following: "2. Member States shall relieve the companies referred to in Article 11 from the obligation imposed by paragraph 1."
Amendment 9 #
2008/0083(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) In most cases, the publication obligations entail additional costs for the companies without providing real added value given that company registers make their information available online. Initiatives - such as the future European e-Justice portal - aimed at facilitating the Community wide access to such registers further reduce the need for publishing this information in a national gazette or in other print media.
Amendment 1 #
2007/2189(INI)
Draft opinion
Paragraph 3 – introductory part
Paragraph 3 – introductory part
3. Urges the Commission to takecarefully assess the issue of consumer redress very seriously bearing in mind the following considerations:
Amendment 2 #
2007/2189(INI)
Draft opinion
Paragraph 3 – indent 2 a (new)
Paragraph 3 – indent 2 a (new)
- safeguarding effective enforcement of rights originating from Community legislation is principally an obligation of Member States. They bear the responsibility to adapt their national (procedural) law in such a way that these rights are readily enforceable, to the benefit of consumers and economic operators. First of all, the Community is not competent to prescribe rules for national procedural law. Moreover, Article 5 of the Treaty requires the Community not to go beyond what is necessary to achieve the objectives of the Treaty; consequently, in accordance with that Article, the specific features of national legal systems must as far as possible be taken into account by leaving Member States free to choose between different options having equivalent effect;
Amendment 4 #
2007/2189(INI)
Draft opinion
Paragraph 3 – indent 3
Paragraph 3 – indent 3
- it should be recalled that ADR systems are, by their nature, an alternative solution to traditional black-letter law mechanisms; the incentive to use ADR is therefore dependent on the existence of hard-law alternatives that provide effective, readily accessible and non-discriminatory redress for the consumer, such as collective redress mechanisms;
Amendment 5 #
2007/2189(INI)
Draft opinion
Paragraph 3 – indent 4
Paragraph 3 – indent 4
- the Commission's approach to consumer redress is inchoate and v early stague; work on redress should be closely coordinated with, and integrated into, the future work programmes for judicial cooperation in civil mattersbefore any consideration is given to legislation on the European level, there needs to be a thorough examination of existing problems, if any, and of the envisaged benefits for consumers; considers in that context that, for instance, mass proceedings and cross-border problems need to be addressed specifically;
Amendment 6 #
2007/2189(INI)
Draft opinion
Paragraph 3 – indent 5
Paragraph 3 – indent 5
- extensive research should be done into systems of collective redress, drawing on experience around the world, with a view to coming up with a straightforward system which avoids the worstspecial regard to the excesses and drawbacks of the US model;
Amendment 96 #
2007/2124(REG)
Parliament's Rules of Procedure
Rule 36 a (new) (*)
Rule 36 a (new) (*)
Amendment 99 #
2007/2124(REG)
Parliament's Rules of Procedure
Rule 39 – paragraph 1
Rule 39 – paragraph 1
1. Parliament may request the Commission, pursuant to Article 192, second paragraph, of the EC Treaty, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report from the committee responsible. The resolution shall be adopted by a majority of the component Members of Parliament in the final vote. Parliament may, at the same time, fix a deadline for the submission of such a proposal.
Amendment 100 #
2007/2124(REG)
Parliament's Rules of Procedure
Rule 39 – paragraph 1
Rule 39 – paragraph 1
1. Parliament may request the Commission, pursuant to Article 192, second paragraph, of the EC Treaty, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report from the committee responsible. The resolution shall be adopted in the final vote by a majority of the component Members of Parliament. Parliament may, at the same time, fix a deadline for the submission of such a proposal.
Amendment 118 #
2007/2124(REG)
Parliament's Rules of Procedure
Title of Chapter 6 a (new) (*) (to be introduced after Rule 68 and before Chapter 7)
Title of Chapter 6 a (new) (*) (to be introduced after Rule 68 and before Chapter 7)
CHAPTER 6a (*) INSTITUTIONAL MATTERS
Amendment 147 #
2007/2124(REG)
Parliament's Rules of Procedure
Rule 116
Rule 116
Amendment 151 #
2007/2124(REG)
Parliament's Rules of Procedure
Rule 142
Rule 142
Allocation of speaking time Allocation of speaking time and list of speakers 1. The Conference of Presidents may propose to Parliament that speaking time be allocated for a particular debate. Parliament shall decide on this proposal without debate. 2. Speaking tim1a. Members may not speak unless called upon to do so by the President. Members shall speak from their places and shall address the Chair. If speakers depart from the subject, the President shall call them to order. 1b. The President may draw up, for the first part of a particular debate, a list of speakers that includes one or more rounds of speakers from each political group wishing to speak, in the order of their size, and one non-attached Member. 2. Speaking time for this part of a debate shall be allocated in accordance with the following criteria: (a) a first fraction of speaking time shall be divided equally among all the political groups; (b) a further fraction shall be divided among the political groups in proportion to the total number of their members; (c) the non-attached Members shall be allocated an overall speaking time based on the fractions allocated to each political group under subparagraphs (a) and (b). 3. Where a total speaking time is allocated for several items on the agenda, the political groups shall inform the President of the fraction of their speaking time to be used for each individual item. The President shall ensure that these speaking times are respected. 3a. The remaining part of the time for a debate shall not be specifically allocated in advance. Instead, the President shall call on Members to speak, as a general rule, for no more than one minute. The President shall ensure – as far as possible – that speakers holding different political views and from different Member States are heard in turn. 3b. On request priority may be given to the chair or rapporteur of the committee responsible and to the chairs of political groups who wish to speak on their behalf, or to speakers deputising for them. 3c. The President may give the floor to Members who indicate, by raising a blue card, their wish to put a question to another Member during his or her speech, where the speaker agrees and where the President is satisfied that this will not lead to a disruption of the debate. 4. No Member may speak for more than one minute on any of the following: the minutes of proceedings, procedural motions, amendments to the final draft agenda or to the agenda. 4a. Without prejudice to his other disciplinary powers, the President may cause to be deleted from the reports of debates of sittings the speeches of Members who have not been called upon to speak or who continue to speak beyond the time allotted to them. 5. The Commission and Council shall be heard in the debate on a report as a rule immediately after its presentation by the rapporteur. The Commission, the Council and the rapporteur may be heard again, in particular to respond to the statements made by Members. 6. Without prejudice to Article 197 of the EC Treaty, the President shall seek to reach an understanding with the Commission and Council on appropriate allocation of speaking time for them. 7. Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words that shall be appended to the verbatim report of the debate. (Rules 141 and 143 fall if this amendment is adopted)
Amendment 156 #
2007/2124(REG)
Parliament's Rules of Procedure
Rule 144
Rule 144
For a period of not more than thirty30 minutes duringon the evening of the first sitting of each part-session the President shall call Members who wish to draw Parliament's attention to a matter of political importance. Speaking time for each Member shall not exceed one minute. The President may allow a further such period later during the sameon the last day of each part-session.
Amendment 37 #
2007/0113(COD)
Proposal for a directive
Recital 4
Recital 4
(4) This Directive should be without prejudice to national rules relating to sale and registration of immovable or movable property, conditions of establishment or authorisation regimes or licensing requirements, determination of the legal nature of the rights which are the subject of the contracts covered by this Directive.
Amendment 38 #
2007/0113(COD)
Proposal for a directive
Article 1 – Paragraph 1 – Sub-paragraph 3
Article 1 – Paragraph 1 – Sub-paragraph 3
This Directive is without prejudice either to national legislation providing for general contract law remedies enabling the consumer to terminate the contractor to national rules on the sale and registration of moveable and immoveable property, on conditions of establishment and authorisation, and on the determination of the legal nature of the rights to which contracts falling within the scope of this regulation relate.
Amendment 19 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – Number 3
Article 1 – Number 3
Regulation (EC) No 1073/1999
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Office may open an investigation when sufficiently strong suspicions exist that acts of fraud or corruption or other illegal acts referred to in Article 1 have been committed. The decision whether or not to open an investigation shall take account of the investigation policy priorities and the Office’s programme of investigative activities determined in accordance with Articles 11a and 12(5). That decision shall also take account of the need for efficient utilisation of the Office’s resources and for proportionality in the means deployed. Anonymous information may also be taken into account if it constitutes sufficiently strong grounds for suspicion.
Amendment 23 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – Number 5
Article 1 – Number 5
Regulation (EC) No 1073/1999
Article 7a – paragraph 2 – subparagraph 1
Article 7a – paragraph 2 – subparagraph 1
2. As soon as an investigation revealsthere is solid evidence that a member, manager, official or other servant or a person serving an institution, body, office or agency or an economic operator may be personally implicated in a matter, the person concerned shall be informed, provided that this does not by means of an appropriate letter giving precise details of the action they are alleged to have committed, the capacity in which they are involved in the matter, the guarantees that are provided for them and, in particular, the form in which they can submit any comments and documents they may consider relevant. Where it is deemed that to do so would prejudice the conduct of the investigation, exceptions may be made.
Amendment 30 #
2006/0084(COD)
Proposal for a regulation – amending act
Article 1 – Number 9
Article 1 – Number 9
Regulation (EC) No 1073/1999
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Before forwarding the information referred to in the first subparagraph, the Office shall give the person implicated by the investigation the opportunity to comment on the matters concerning him subject to the conditions, and in accordance with the arrangements, set out in the second and third subparagraphs of Article 7a(2). This statement shall be forwarded to the Member State concerned together with the information referred to in paragraph 1. The person concerned or their authorised representative shall be given the opportunity at the outset to inspect the files relating to the investigation.