1769 Amendments of Anna HEDH
Amendment 94 #
2018/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. CallUrges on all Member States to promptly shift from joint taxation to individual taxation; believes that until tax systems are no longer based on the assumption that households pool and share their funds equally, tax fairness for women will not be achieved;
Amendment 105 #
2018/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that transition periods towards such an individual taxation system may be necessary in some Member States; calls, during these transition periods,Calls for the elimination of all tax expenditures based on joint income and notes the need to gradually ensure that all tax benefits, cash benefits and in-kind government services are given to women as individuals in order to promotensure their financial and societal autonomy;
Amendment 22 #
2018/0332(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Commission has examined available evidence, which points to the importance of having harmonised Union rules in this area to ensure the proper functioning of the internal market and, long- termism and predictability, so as avoid, inter alia, disruptions to the scheduling of transport operations and the functioning of information and communication systems, higher costs to cross-border trade, or lower productivity for goods and services. Evidence is not conclusive as to whether the benefits of summer-time arrangements outweigh the inconveniences linked to a biannual change of time.
Amendment 28 #
2018/0332(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A lively public debate is taking place on summer-time arrangements, and ss was also evident from the 4.6 million responses from citizens in the Commission’s open consultation procedure, in which a clear majority opposed the current seasonal changes. Some Member States have also already expressed their preference to discontinue the application of such arrangements. In the light of these developments, it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between Member States in this area. Therefore, it is appropriate to put an end in a coordinated way to summer-time arrangements.
Amendment 37 #
2018/0332(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should not prejudice the right of each Member State to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the Treaties, and on further changes thereto. However, in order to ensure that the application of summer-time arrangements by some Member States only does not disrupt the functioning of the internal market, Member States should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes, be such change presented as a change of time zone. Moreover, in order to minimise disruptions, inter alia, in the internal market, inter alia with regard to transport, communications and other concerned sectors, they should notify the Commission and all other Member States in due time of their intention to change their standard time and subsequently apply the notified changes. The Commission should, on the basis of that notification, inform all other Member States so that they can take all necessary measures. It should also inform the general public and stakeholders by publishing this information as soon as possible thereafter.
Amendment 48 #
2018/0332(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply from 1 April 2019, so that the last summer-time period subject to the rules of Directive 2000/84/EC should start, in every Member State, at 1.00 a.m., Coordinated Universal Time, on 31 March 20198 months after its adoption. Member States that, after that summer-time period, intend to adopt a standard time corresponding to the time applied during the winter or summer season in accordance with Directive 2000/84/EC should change their standard time at 1.00 a.m., Coordinated Universal Time, on 27 October 2019the last Sunday in October in that year or the last Sunday in March in that year, so that similar and lasting changes occurring in different Member States take place simultaneously. It is extremely desirable that Member States take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner.
Amendment 52 #
2018/0332(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States should coordinate among themselves the standard times for which they opt, in order to avoid excessively different time zones in the EU, so as to ensure the proper functioning of the internal market and make it predictable for the sectors, citizens and consumers concerned.
Amendment 54 #
2018/0332(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Notwithstanding paragraph 1, Member States may still apply a seasonal change of their standard time or times in 2019, provided that they do so at 1.00 a.m., Coordinated Universal Time, on 27 October 2019the year during which this Directive ought to apply, i.e. 18 months after the adoption of this Directive. The Member States shall notify this decision in accordance with Article 2.
Amendment 64 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Without prejudice to Article 1, if a Member State decides to change its standard time or times in any territory under its jurisdiction, it shall notify the Commission and all other Member States at least 618 months before the change takes effect. Where a Member State has made such a notification and has not withdrawn it at least 618 months before the date of the envisaged change, the Member State shall apply this change.
Amendment 67 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Within 1 month of the notification, the Commission shall inform the other Member States thereof and, publish that information in the Official Journal of the European Union and inform the general public.
Amendment 70 #
2018/0332(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall report to the European Parliament and to the Council on the implementation of this Directive by 31 December 2024seven years after the adoption of this Directive at the latest.
Amendment 75 #
2018/0332(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide the Commission with the relevant information by 30 April 2024seven years after the adoption of this Directive at the latest.
Amendment 79 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 1 April 20198 months after the adoption of this Directive at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 85 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1 April 2019.8 months after the adoption of this Directive
Amendment 93 #
2018/0332(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Directive 2000/84/EC is repealed with effect from 1 April 20198 months after the adoption of this Directive.
Amendment 36 #
2018/0331(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on preventing the dissemination of terrorist content online A contribution from the European Commission to the Leaders’ meeting in Salzburg on 19-20 September 2018 (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 38 #
2018/0331(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 11483 thereof, (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 41 #
2018/0331(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This RegulationDirective aims at ensuring the smooth funprotectioning of the digital single marketpublic security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights in an open and democratic society, by preventing the misuse of hosting services for spreading terrorist purposescontent. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users’ trust in the online environment, and by strengthening safeguards to the freedom of expression and information.for the protection of fundamental rights, including the freedom of expression and information, as well as the respect for private and family life and the protection of personal data. (The change of word “misuse/ abuse” to the term “use” should apply throughout the text.)
Amendment 59 #
2018/0331(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The presence of terrorist content online has serious negative consequences for users, for citizens and society at large as well as for the online service providers hosting such content, since it undermines the trust of their users and damages their business models. In light of their central role and the technological means and capabilities associated with the services they provide, online service providers have particular societal responsibilcould support competent judicial authorities to protect their services from misbeing used by terrorists and to help tackle terrorist content disseminated through their services. (The change of word “misuse/ abuse” to the term “use” should apply throughout the text.)
Amendment 82 #
2018/0331(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This RegulationDirective contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake. This includes the rights to respect for private life and to the protection of personal data, the right to effective judicial protection, the right to freedom of expression, including the freedom to receive and impart information, the freedom to conduct a business, and the principle of non-discrimination. Competent authorities and hosting service providers should only adopt measures which are necessary, appropriate and proportionate within a democratic society, taking into account the particular importance accorded to the freedom of expression and information, as well as the respect for private and family life and the protection of personal data, which constitutes one of the essential foundations of a pluralist, democratic society, and is one ofare among the values on which the Union is founded. Measures constituting interference inwith the freedom of expression and information should be strictly targeted, in the sense that they must serve to prevent the dissemination of terrorist content, but without thereby affecting the right to lawfully receive and impart information, taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts, opinions and ideas in accordance with the law.
Amendment 84 #
2018/0331(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Measures taken to remove terrorist content online should be targeted, necessary, appropriate and proportionate.
Amendment 91 #
2018/0331(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online, this RegulationDirective should establish a definition of terrorist content for preventative purposes drawingbased on the definition of terrorist offences under Directive (EU) 2017/541 of the European Parliament and of the Council9 . Given the need to address the most harmful terrorist propagandaterrorist content online, the definition should capture material and information that intentionally incites, encourages or advocates the commission or contribution to terrorist offences, provides instructions for the commission of such offences or promotes the participation in activities of a terrorist groupwhen and insofar as they are committed with a specific terrorist aim, namely to seriously intimidate a population, to unduly compel a government or an international organisation to perform or abstain from performing any act, or to seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a country or an international organisation. Such information includes in particular text, images, sound recordings and videos. When assessing whether content constitutes terrorist content within the meaning of this RegulationDirective, competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements, the context in which the statements were made and their potential to lead to harmful consequences, thereby affecting the security and safety of persons or the respect for other fundamental rights, including the right to freedom of speech, and the rights to private and family life and to the protection of personal data. The fact that the material was produced by, is attributable to or disseminated on behalf of an EU-listed terrorist organisation or person constitutes an important factor in the assessment. Content disseminated for educational, journalistic or research purposes should be adequately protected. Furthermore, the expression of radical, polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content. _________________ 9Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6), falls outside the scope of this Directive and, in particular, of the definition of public provocation to commit terrorist offences.
Amendment 105 #
2018/0331(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to cover those online hosting services where terrorist content is disseminated, this RegulationDirective should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties, irrespective of whether this activity is of a mere technical, automatic and passive naturee public. By way of example such providers of information society services include social media platforms, video streaming services, video, image and audio sharing services, file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews. The Regulatione public. The Directive should also apply to hosting service providers established outside the Union but offering services within the Union, since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries. This should ensure that all companies operating in the Digital Single Market comply with the same requirements, irrespective of their country of establishment. The determination as to whether a service provider offers services in the Union requires an assessment whether the service provider enables legal or natural persons in one or more Member States to use its services. However, the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more Member States taken in isolation should not be a sufficient condition for the application of this RegulationDirective.
Amendment 138 #
2018/0331(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 152 #
2018/0331(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 161 #
2018/0331(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 171 #
2018/0331(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The obligation on hosting service providers to preserve removed content and related data, should be laid down for specific purposes and limited in time to what is necessary. There isfor the sole purpose of proceedings of administrative or judicial review and remedy and limited in time to what is strictly necessary, but generally not exceeding six months. Where there is legitimate need to extend the preservation requirement to related data, it can only be preserved to the extent that any such data would otherwise be lost as a consequence of the removal of the content in question. Related data can include data such as ‘subscriber data’, including in particularshould be limited to ‘subscriber data’, i.e. data pertaining to the identity of the content provider as well as ‘access data’, including for instance.e. data about the date and time of use by the content provider, or the log-in to and log- off from the service, together with the IP address allocated by the internet access service provider to the content provider.
Amendment 259 #
2018/0331(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This RegulationDirective lays down uniform rules to prevent the misuse of hosting services for the dissemination of terrorist content online. It lays down in particular: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 271 #
2018/0331(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union. Member States may establish conditions required by, and in accordance with, fundamental principles relating to the freedom of the press and the freedom and pluralism of the media.
Amendment 279 #
2018/0331(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Directive shall not have the effect of modifying Directive (EC) 2000/31.
Amendment 284 #
2018/0331(COD)
Proposal for a regulation
Article 1 – paragraph 2 c (new)
Article 1 – paragraph 2 c (new)
2 c. This Directive shall be without effect on the applicable rules on the processing of personal data, notably Regulation (EU) 2016/679 and Directive (EU) 2016/680.
Amendment 290 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'hosting service provider' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third partiese public;
Amendment 297 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'content provider' means a user who has intentionally provided information that is, or that has been, stored at the request of the user by a hosting service provider;
Amendment 302 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'terrorist offences' means offenceintentional acts as defined in Article 3(1) of Directive (EU) 2017/541, where committed with one of the aims listed in Article 3(2) of Directive (EU) 2017/541;
Amendment 313 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – introductory part
Article 2 – paragraph 1 – point 5 – introductory part
(5) 'terrorist content' means one or more of the following informationinformation, which, in a manifest manner:
Amendment 319 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(a) inciting or advocating, including by glorifying,tentionally incites or advocates the commission of terrorist offences, thereby causing a clear danger that such acts be committed;
Amendment 323 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 330 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
(c) intentionally promotinges the activities of a terrorist group subject to Common Position 2001/931/CFS, in particular by eincouraging the participation in or support to a terrorist group within the meaning of Article 2(3) of Directive (EU) 2017/541; iting, soliciting or advocating persons or a group of persons to participate in the activities of a terrorist group, including by supplying information or material ressources, or by funding its activities in any way;
Amendment 337 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point d
Article 2 – paragraph 1 – point 5 – point d
(d) instructing ontentionally instructs on the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or on other specific methods or techniques, for the purposes of committing, or contributing to the commission of, terrorist offences.
Amendment 343 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘dissemination of terrorist content’ means making terrorist content available to third partiese public on the hosting service providers’ services with the clear intent to incite, commit, or contribute to the commission of, a terrorist offence, excluding the dissemination of information for educational, journalistic, artistic or research purposes;
Amendment 352 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6 a) ‘related data’ means only subscriber data and access data;
Amendment 354 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘competent authority’ means a designated national judicial authority in the Member State;
Amendment 356 #
2018/0331(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 367 #
2018/0331(COD)
1. Hosting service providers shall take appropriate, reasonable and proportionate actions in accordance with this RegulationDirective, against the use of their services for the purposes of dissemination of terrorist content by content providers and to protect users from terrorist content. In doing so, they shall act in a diligent, proportionate and non- discriminatory manner, and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and freedom to receive and impart information in an open and democratic society.
Amendment 370 #
2018/0331(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Hosting service providers shall ensure that the duties of care shall not amount to general monitoring of information they transmit or store, nor a general duty to actively seek facts or circumstances indicating illegal activity.
Amendment 376 #
2018/0331(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Hosting service providers shall include in their terms and conditions, and apply, provisions to prevent the the prohibition of dissemination of terrorist content.
Amendment 377 #
2018/0331(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Where hosting service providers obtain knowledge or awareness of terrorist content on their services, they shall inform the competent authorities of such content and delete it without undue delay.
Amendment 385 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authority shall have the power to issue a decisionremoval order requiring the hosting service provider to remove terrorist content or disable access to it.
Amendment 393 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Hosting service providers shall remove terrorist content or disable access to it within one hour from receipt of the removal orderwithout undue delay.
Amendment 397 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) identification of the competent authority via a digital signature issuing the removal order and authentication of the removal order by the competent authority;
Amendment 448 #
2018/0331(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 449 #
2018/0331(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 450 #
2018/0331(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 451 #
2018/0331(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 452 #
2018/0331(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 453 #
2018/0331(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 454 #
2018/0331(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 455 #
2018/0331(COD)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 459 #
Amendment 462 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 471 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 477 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point a
Article 6 – paragraph 2 – subparagraph 1 – point a
Amendment 485 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – point b
Article 6 – paragraph 2 – subparagraph 1 – point b
Amendment 492 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 494 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
Amendment 498 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 507 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 514 #
2018/0331(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 525 #
2018/0331(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order, a referral or as a result of proactive measures pursuant to Articles 4, 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for:
Amendment 531 #
2018/0331(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 539 #
2018/0331(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The terrorist content and related data referred to in paragraph 1 (a) shall be preserved for six months. The terrorist content shall, upon request from the competent authority or court, be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1(a).
Amendment 567 #
2018/0331(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d
Article 8 – paragraph 3 – point d
(d) overview and outcome of complaint procedures, including the number of cases in which it was established that content was wrongly identified as terrorist content.
Amendment 573 #
2018/0331(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Safeguards regarding the use and implementation of proactive measuexercise of duty of cares
Amendment 579 #
2018/0331(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where hosting service providers use automated toolsexercise their duty of care pursuant to this RegulationDirective in respect of content that they store, they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content, in particular decisions to remove or disable content considered to be terrorist content, are accurate and well-founded.
Amendment 582 #
2018/0331(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Safeguards shall consist, in particular, of human oversight and verifications where appropriate and, in any event, where a detailed assessment of the relevant context is requireda detailed assessment in order to determine whether or not the content is to be considered terrorist content.
Amendment 588 #
2018/0331(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Hosting service providers shall establish an effective and accessible complaint mechanisms allowing content providers, whose content has been removed or access to it disabled as a result of a referral pursuant to Article 5 or of proactive measures pursuant to Article 6, to submit a complaint against the action of the hosting service provider requesting reinstatement of the content.
Amendment 593 #
2018/0331(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Hosting service providers shall promptly examine every complaint that they receive and reinstate the content without undue delay where the removal or disabling of access was unjustified. They shall inform the complainant about the outcome of the examination within two weeks of the receipt of the complaint. In the event where content was reinstated, this shall not preclude further judicial measures against the decision of the hosting service provider or of the relevant competent authority.
Amendment 596 #
2018/0331(COD)
2a. Notwithstanding the provisions of Article 10 (1) and (2), the complaint mechanism of the hosting service providers shall be complementary to the applicable laws and procedures of the Member State in regard to the right to judicial review.
Amendment 612 #
2018/0331(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that their competent judicial authorities have the necessary capability and sufficient resources to achieve the aims and fulfil their obligations under this RegulationDirective.
Amendment 622 #
2018/0331(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Competent authorities in Member States shall inform, coordinate and cooperate with the competent authority referred to in Article 17(1)(c) and (d) with regard to measures taken pursuant to Article 6 and enforcement actions pursuant to Article 18. Member States shall make sure that the competent authority referred to in Article 17(1)(c) and (d) is in possession of all the relevant information. For that purpose, Member States shall provide for the appropriate and secure communication channels or mechanisms to ensure that the relevant information is shared in a timely manner.
Amendment 625 #
2018/0331(COD)
Proposal for a regulation
Article 13 – paragraph 3 – introductory part
Article 13 – paragraph 3 – introductory part
3. Member States and hosting service providers may choose toshall make use of dedicated tools, including, where appropriate, those established by relevant Union bodies such as Europol, to facilitate in particular:
Amendment 629 #
2018/0331(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
Amendment 633 #
2018/0331(COD)
Proposal for a regulation
Article 13 – paragraph 3 – point c
Article 13 – paragraph 3 – point c
Amendment 654 #
2018/0331(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 665 #
2018/0331(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Each Member State shall designate the judicial authority or judicial authorities competent to
Amendment 673 #
2018/0331(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 674 #
2018/0331(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 688 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 691 #
2018/0331(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
Amendment 731 #
2018/0331(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
No sooner than [three years from the date of application of this RegulationDirective], the Commission shall carry out an evaluation of this RegulationDirective and submit a report to the European Parliament and to the Council on the application of this RegulationDirective including the functioning of the effectiveness of the safeguard mechanisms. WThe re appropriate, the report shall be accompanied by legislative proposalsport shall also cover the impact of this Directive on freedom of expression and information as well as the rights to private and family life and the protection of personal data. Member States shall provide the Commission with the information necessary for the preparation of the report.
Amendment 78 #
2018/0216(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The CAP must take into account the principle of equality between women and men within the territory of the European Union, with a particular focus on promoting the participation of women in the socio-economic development of rural areas. This Regulation should help to ensure that the work that women do is more visible, better appreciated and taken into account within the specific objectives to be proposed by the Member States in their strategic plans.
Amendment 79 #
2018/0216(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) It is essential for the future of Europe and the planet that the EU urgently phases out agricultural support for farmers who do not pursue environmentally and climatically sustainable operations.
Amendment 88 #
2018/0216(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to give substance to the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges and international undertakings, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. A set of specific objectives should be further defined at Union level and applied by the Member States in their CAP Strategic Plans. WhileIn order to strikinge a balance across the dimensions of sustainable development, in line with the impact assessment, these specific objectives should translate the general objectives ofMember States should strive to achieve all of these specific objectives for the CAP intofor more concrete priorities and take into account relevant Union legislation, particularly with regard to climate, energy and environment.
Amendment 90 #
2018/0216(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The CAP has been unable to reduce the agricultural sector's dependence on pesticides. Therefore, specific policy instruments are needed to change farmers' use of pesticides, such as national tax measures, cross-compliance between integrated plant health, as defined in Directive 2009/128 / EC, and the CAP or direct subsidies. Scientific studies have established that today's intensive use of pesticides contributes to the gradual decline of biodiversity in Europe and this is extremely worrying, particularly the loss of winged insects. Therefore, the transition to a more sustainable use of pesticides, including low-risk methods and products, should be promoted in European agriculture.
Amendment 106 #
2018/0216(COD)
Proposal for a regulation
Recital 16 - point 1
Recital 16 - point 1
As many rural areas in the Union suffer from structural problems such as lack of attractive employment opportunities, skill shortages, underinvestment in connectivity, infrastructures and essential services, as well as youth drain, it is fundamental to strengthen the socio-economic fabric in those areas, in line with the Cork 2.0. Declaration, particularly through job creation and generational renewal, by bringing the Commission's jobs and growth to rural areas, promoting social inclusion, generational renewal, increased integration of women into the rural economy and the development of ‘Smart Villages’ across the European countryside. As indicated in the Communication on ‘The Future of Food and Farming’, new rural value chains such as renewable energy, the emerging bio- economy, the circular economy, and ecotourism can offer good growth and job potential for rural areas. In this context, financial instruments and the use of the InvestEU guarantee can play a crucial role for ensuring access to financing and for bolstering the growth capacity of farms and enterprises. There is a potential for employment opportunities in rural areas for legally staying third country nationals, promoting their social and economic integration especially in the framework of Community-led Local Development strategies.
Amendment 136 #
2018/0216(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Member States should set farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses, covering economic, environmental and social dimensions, and to identify the necessary improvements as regards all measures at farm level provided for in the CAP Strategic Plans. These farm advisory services should help farmers and other beneficiaries of CAP support to become more aware of the relationship between farm management and land management on the one hand, and certain standards, requirements and information, including environmental and climate and animal welfare ones, on the other hand. The list of the latter includes standards applying to or necessary for farmers and other CAP beneficiaries and set in the CAP Strategic Plan, as well as those stemming from the legislation on water, on the sustainable use of pesticides, as well as the initiatives to combat antimicrobial resistance and the management of risks. In order to enhance the quality and effectiveness of the advice, Member States should integrate advisors within the Agricultural Knowledge and Innovation Systems (AKIS), in order to be able to deliver up-to-date technological and scientific information developed by research and innovation.
Amendment 155 #
2018/0216(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Female participation in rural areas in social, economic and environmental terms, is an important sustainable development pillar in rural areas and should be promoted, encouraged and supported by Member States in their strategic plans. In order to reduce the gender employment gap and to increase female employment, it is necessary for Member States’ Strategic Plans to promote the development of policies aimed at achieving a work-life balance.
Amendment 169 #
2018/0216(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Member States should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness, sustainability, and/or quality in certain sectors and productions that are particularly important for social, economic or, environmental or reasons that affect animal welfare and undergo certain difficulties. Furthermore, Member States should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the Union's deficit in this regard.
Amendment 196 #
2018/0216(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to promote the principle of equality between women and men, Member States may, in their CAP Strategic Plans, set out specific conditions for financial instruments related to improving the situation of rural women and their business opportunities. They should therefore prioritise women in their CAP Strategic Plans, in order, inter alia, to ensure better access to farmland and credit, thus contributing to a greater representation of rural women among farm holders and entrepreneurs.
Amendment 208 #
2018/0216(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) EAFRDThe EJFLU should not provide support to investments that would harm the environment, harm human or animal health or which cannot comply with existing animal welfare regulations. Hence it is necessary to provide in this Regulation a number of exclusion rules, as well as the possibility to further develop these guarantees in delegated acts. Notably, the EAFRD should not finance investments in irrigation which do not contribute towards the achievement, or the preservation, of good status of the associated water body or bodies and investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles.
Amendment 333 #
2018/0216(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) to strengthen the socio-economic fabric ofor both women and men in rural areas.
Amendment 339 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The achievement of the general objectives shall be pursued through simultaneously achieving the fulfilment of the following specific objectives:
Amendment 373 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) foster sustainable development and efficient management of natural resources such as water, soil and air; and greatly reduce dependence on chemical pesticides, while promoting alternative methods and low-risk products.
Amendment 390 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) contribute to the protection of biodiversity, enhancereversing the decline of biodiversity, including diversity in agriculture, strengthening ecosystem services and preserveing habitats and landscapes;.
Amendment 410 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) promote employment, growth, social inclusion, greater participation of women in economic activities, and local development in rural areas, including bio- economy and sustainable forestry;
Amendment 431 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(ia) improve animal welfare in line with Article 13 TFEU, the best available scientific research on animal welfare and in accordance with society's requirements.
Amendment 660 #
2018/0216(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point b a (new)
Article 22 – paragraph 4 – point b a (new)
(ba) In the cases referred to in subparagraphs (a) and (b), Member States may grant priority to women in order to achieve the objective referred to in point (h) of Article 6(1).
Amendment 709 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide support for voluntary schemes for the climate and, the environment and animal welfare ('eco- schemes') under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Amendment 719 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall support under this type of intervention genuine farmers who make commitments to observe, on eligible hectares, agricultural practices beneficial for the climate and, the environment and the welfare of farm animals.
Amendment 740 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall establish the list of agricultural practices beneficial for the climate and, the environment. and the welfare of farm animals
Amendment 756 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Those practices shall be designed to meet one or more of the specific environmental- and climate-, climate and farm animal- related objectives laid down in points (d), (e) and (f) of Article 6(1).
Amendment 831 #
2018/0216(COD)
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. Where the linked income support concerns livestock production, only production methods that go beyond the minimum national requirements and the Union's animal welfare and animal health requirements shall be considered eligible
Amendment 855 #
2018/0216(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point d
Article 43 – paragraph 1 – point d
(d) integrated production., promote, develop and implement production methods that respect the environment, environmentally friendly cultivation methods and production techniques, sustainable use of natural resources, in particular the protection of water, soil and other natural resources, while reducing pesticide dependency;
Amendment 874 #
2018/0216(COD)
Proposal for a regulation
Article 49 – paragraph 1 – introductory part
Article 49 – paragraph 1 – introductory part
1. Member States shall choose in their CAP Strategic Plans for each specific objective set out in Article 6(1) one or more ofutilize the following types of interventions in the apiculture sector:
Amendment 890 #
2018/0216(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point h a (new)
Article 49 – paragraph 1 – point h a (new)
(ha) measures to improve pollination of honeybees and other wild pollinators.
Amendment 922 #
2018/0216(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
(a) improve competitiveness of Union wine producers including contributing to improvement of sustainable production systemreduction of environmental impact of the Union wine sector; by applying production methods that respect the environment, environmentally friendly cultivation methods and reproduction of environmental impact of the Union wine sectortechniques, sustainable use of natural resources, in particular for the protection of water, soil and other natural resources, while reducing pesticide dependence; those objectives relate to the specific objectives set out in points (b) to (f) and (h) to (i) of Article 6 (1);
Amendment 975 #
2018/0216(COD)
Proposal for a regulation
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
The Member States shall pursue one or more of the following objectives in the other sectors referred to in point (f) of Article 39:
Amendment 991 #
2018/0216(COD)
Proposal for a regulation
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
1. As regards the objectives referred to in points (a) to (g) of Article 59 Member States shall choose in their CAP Strategic Plans one or more ofutilize the following types of intervention:
Amendment 1080 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 5 – point b
Article 65 – paragraph 5 – point b
(b) go beyond the minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other mandatory requirements established by national and Union law;
Amendment 1081 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 5 – point b a (new)
Article 65 – paragraph 5 – point b a (new)
(ba) goes beyond the minimum animal welfare requirements and other mandatory requirements laid down in EU law,
Amendment 1172 #
2018/0216(COD)
Proposal for a regulation
Article 68 – paragraph 3 – subparagraph 1 – point h a (new)
Article 68 – paragraph 3 – subparagraph 1 – point h a (new)
(ha) investments in infrastructure that do not comply with recommendations for good animal welfare, and principles contained in Council Directive 98/58/EC on the protection of animals in agriculture.
Amendment 1269 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1
Article 86 – paragraph 2 – subparagraph 1
At least 350% of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for interventions addressing the specific environmental-, climate and clanimatl welfare-related objectives set out in points (d), (e), (f) and (fia) of Article 6(1) of this Regulation, excluding interventions based on Article 66.
Amendment 1314 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 7
Article 86 – paragraph 7
7. Member States may decide in their CAP Strategic Plan to use a certain share of the EAFRD allocation to leverage support and upscale integrated Strategic Nature Projects as defined under the [LIFE Regulation] and to finance actions in respect of transnational learning mobility of people in the field agricultural and rural development with a focus on young farmers, in accordance with the [Erasmus Regulation], and women in rural areas.
Amendment 1356 #
2018/0216(COD)
Proposal for a regulation
Article 92 – title
Article 92 – title
Increased ambitions with regard to environmental-, climate and clanimatl welfare-related objectives
Amendment 1361 #
2018/0216(COD)
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
1. Member States shall aim to make, through their CAP Strategic Plans and in particular through the elements of the intervention strategy referred to in point (a) of Article 97(2), a greater overall contribution to the achievement of the specific environmental-, climate and clanimatl welfare- related objectives set out in points (d), (e), (f) and (fia) of Article 6(1) in comparison to the overall contribution made to the achievement of the objective laid down in point (b) of the first subparagraph of Article 110(2) of Regulation (EU) No 1306/2013 through support under the EAGF and the EAFRD in the period 2014 to 2020.
Amendment 1378 #
2018/0216(COD)
Proposal for a regulation
Article 94 – paragraph 1 a (new)
Article 94 – paragraph 1 a (new)
1a. The Member States shall publish their CAP strategy plans and related annexes, both as drafts and after approval, in order to ensure the possibility of an informed public debate.
Amendment 1559 #
2018/0216(COD)
Proposal for a regulation
Annex I – EU Specific objectives – point 5
Annex I – EU Specific objectives – point 5
Promote employment, growth, social inclusion, greater participation of women in the rural economy, and local development in rural areas, including bio- economy and sustainable forestry;
Amendment 1581 #
2018/0216(COD)
Proposal for a regulation
Annex I – EU Specific objectives – point 6
Annex I – EU Specific objectives – point 6
contribute to the protection of biodiversity, enhancereversing the decline in biodiversity, including diversity of fauna and flora in agriculture, strengthening ecosystem services and preserveing habitats and landscapes;
Amendment 1586 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.20 a (new)
Annex I – Impact indicators – I.20 a (new)
1.20a Pollinators index
Amendment 1615 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.21 a (new)
Annex I – Impact indicators – I.21 a (new)
1.21a Attracting women farmers
Amendment 1619 #
2018/0216(COD)
Proposal for a regulation
Annex I – Result indicators – R.30 a (new)
Annex I – Result indicators – R.30 a (new)
R.30a Increasing the proportion of women who receive support under the CAP.
Amendment 1621 #
2018/0216(COD)
Proposal for a regulation
Annex I – Result indicators – R.30 b (new)
Annex I – Result indicators – R.30 b (new)
R.30b Young women in rural areas, increasing the proportion of young women* who receive support for the establishment of agricultural holdings or businesses under the CAP. _____________________ * The age limit must be the same as that indicated in the definition of a young farmer.
Amendment 1626 #
2018/0216(COD)
R.31a Increasing female employment in rural areas. The proportion of jobs for women in projects receiving CAP funding.
Amendment 1636 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.26 a (new)
Annex I – Impact indicators – I.26 a (new)
1.26a Sustainable use of veterinary products in livestock farming: sales/use of food producing animals
Amendment 1638 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.27
Annex I – Impact indicators – I.27
I.27 Sustainable pesticide use: Reduce risks and impactsd dependence on use of pesticides**
Amendment 1645 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.27 b (new)
Annex I – Impact indicators – I.27 b (new)
1.27b Sustainable use of biocides: reduce dependence on biocides
Amendment 1648 #
2018/0216(COD)
Proposal for a regulation
Annex I –Impact indicators – I.28 a (new)
Annex I –Impact indicators – I.28 a (new)
1.28a. Reduction of non-compliance with available animal welfare legislation (Council Regulation No 1099/2009, Council Directive 2007/43 / EC, Council Directive 1999/74 / ED) per animal in the Member State
Amendment 1649 #
2018/0216(COD)
Proposal for a regulation
Annex I –Impact indicators – I.28 b (new)
Annex I –Impact indicators – I.28 b (new)
1.28b. Measurement of animal density by species in the Member State
Amendment 1652 #
2018/0216(COD)
Proposal for a regulation
Annex I – Result indicators – R.36 a (new)
Annex I – Result indicators – R.36 a (new)
R.36a Sustainable use of veterinary products: proportion of livestock affected by support measures to limit the use of veterinary products (prevention/reduction) to reduce the risks and adverse effects of these products
Amendment 1655 #
2018/0216(COD)
Proposal for a regulation
Annex I – Result indicators – R.37
Annex I – Result indicators – R.37
R.37 Sustainable pesticide use: Share of agricultural land concerned by supported specific actions which lead to a sustainable use of pesticides in order to reduce risks and impactsreduced dependence on the use of pesticides
Amendment 1663 #
2018/0216(COD)
R.37a Sustainable use of biocides: proportion of agricultural land: proportion of agricultural land affected by specific supportive measures leading to reduction of biocide dependence
Amendment 1667 #
2018/0216(COD)
Proposal for a regulation
Annex I – EU Specific objectives – point 9 a (new)
Annex I – EU Specific objectives – point 9 a (new)
Improve animal welfare in line with Article 13 of the Treaty, best available research and knowledge and community requirements.
Amendment 1790 #
2018/0216(COD)
Proposal for a regulation
Annex III – SMR 16 a (new) – Requirements and standards
Annex III – SMR 16 a (new) – Requirements and standards
Council Regulation 1099/2009 of 24 September 2009 on the protection of animals at the time of killing
Amendment 1791 #
2018/0216(COD)
Proposal for a regulation
Annex III – SMR 16 b (new) – Requirements and standards
Annex III – SMR 16 b (new) – Requirements and standards
Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production
Amendment 1792 #
2018/0216(COD)
Proposal for a regulation
Annex III – SMR 16 c (new) – Requirements and standards
Annex III – SMR 16 c (new) – Requirements and standards
Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens
Amendment 173 #
2017/2044(BUD)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Recalls the 2013 Fox-Häfner report, which estimated the costs of the geographic dispersion of the Parliament to be between EUR 156 million and EUR 204 million and equivalent to 10 % of the Parliament's budget; notes the finding that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11,000 to 19,000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines;
Amendment 11 #
2017/2015(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its resolution of 9 June 2015 on the EU Strategy for equality between women and men post-2015;
Amendment 14 #
2017/2015(INI)
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
– having regard to the EU Presidency Trio declaration on gender equality of 19 July 2017 by Estonia, Bulgaria and Austria;
Amendment 38 #
2017/2015(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas article 8 TFUE states that the European Union should, through all its actions inside and outside of the Union, aim at eliminating inequalities and promote equality between women and men;
Amendment 42 #
2017/2015(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the success of trade policy should also be judged on whether it positively impacts women and men equally, contributing to narrow the existing gender gaps, and not reproducing or exacerbating existing gaps and inequalities; whereas therefore the various and complex effects on women and men must be identified, analysed and monitored;
Amendment 43 #
2017/2015(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas a trade policy that increases inequalities and impacts people’s livelihoods negatively increases the pressure to migrate, especially for women, and must therefore be analysed and addressed;
Amendment 81 #
2017/2015(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the only area of gender equality in which DG Trade has demonstrated an interest so far is promoting female entrepreneurshipwomen are not only affected by trade and trade agreements as potential entrepreneurs, but also as consumers, workers in different sectors, like e.g. the export-oriented sector, services, agriculture or as caregivers; whereas these diverse roles need to be taken into account by trade policy in order to promote and empower women;
Amendment 117 #
2017/2015(INI)
Motion for a resolution
Recital H
Recital H
H. whereas civil society, particularly women’s rights organisations and trade unions, hasve the knowledge and potential to play a crucial role in shaping and monitoring trade policies in order to strengthen women’s rights and their economic empowerment;
Amendment 134 #
2017/2015(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas decisions on trade and trade agreements are only to a small extent made by women as negotiating teams, parliaments and governments are still far from achieving a gender balanced composition; whereas gender balance in these institutions could not only lead to a better integration of gender equality issues but also increase democratic legitimacy of decision-making;
Amendment 140 #
2017/2015(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas women rely more than men on the affordable access to healthcare and to medicines and their availability, especially with regards to their sexual and reproductive health and rights;
Amendment 141 #
2017/2015(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
Ic. whereas an above-average number of women is employed in public services or in the public service sector and, as users of these services, are more dependent on high-quality, affordable, accessible and demand-driven public services than men, particularly with regard to social services such as child care and care for dependents; whereas cuts in national households and cuts to public services, as well as price increases, tend to shift this care burden nearly exclusively onto women which will consequently hinder gender equality;
Amendment 148 #
2017/2015(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that fair and inclusive international trade policies require a clearer framework aiming to enhancimprove women’s livelihooding and working conditions, strengthen gender equality, protect the environment, and promote social justice and international solidarity;
Amendment 167 #
2017/2015(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the EU is obliged to ensure a high level of protection of human, labour and consumer rights and of social and environmental standards as well as the promotion of gender equality; believes that these values should guide transnational and national trade, including all trade agreements that should also be used as a means of actively supporting these objectives;
Amendment 168 #
2017/2015(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to increase policy coherence among different but interlinked policies, such as trade, development, agriculture, employment, migration and gender equality, and to include the impact on women’s and girl’s rights, their empowerment, as well as the right to health, education, food, work and water; calls on the Commission to include these considerations in its impact assessments to counteract any negative impact from trade agreements, or from their interactions;
Amendment 175 #
2017/2015(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. URegrets that human rights often seem subordinated to corporate rights in trade relations; underlines the urgent need to adopt gender-sensitive binding human rights regulations on an international level to regulate transnational companies (TNCs) and other companies; welcomes the UN Guiding Principles on Business and Human Rights;
Amendment 225 #
2017/2015(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for binding and enforceable measures to combat exploitation and improve working conditions for women in the export- oriented industries, in particular the garment and textile manufacturing and agriculture sectors where trade liberaliszation hasmight contributed to precarious labour rights and the increase of gender wage gaps;
Amendment 242 #
2017/2015(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that the impact of growing agricultural exports is generally less favourable to women than to men, as emerging trends indicate that small farmers, many of whom are women, are often not in a position to compete in overseas markets due to the lack of access to credit, information, land and networks as well as a lack of possibilities to comply with new rules and standards;
Amendment 259 #
2017/2015(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the fact that the SIAs done by the European Commission must use a gender-indicator in their analysis; regrets that the results do not seem to be fully incorporated in trade negotiations;
Amendment 270 #
2017/2015(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls for the inclusion of a human rights clause in all trade agreements that includes gender equality, in order to guarantee the protection of girl’s and women’s rights and their participation in trade and services, as well as the inclusion of appropriate indicators to guarantee gender equality in the implementation of trade agreements;
Amendment 275 #
2017/2015(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that trading commitments in EU agreements should never overrule human rights, women’s rights or environmental concerns; and therefore suggests at least the inclusion of human rights experts in arbitration processes;
Amendment 287 #
2017/2015(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for mandatory ex-post evaluations from a gender perspective in order to analyse whether permanent and quality employment was created, changes in the composition of the labour force in different sectors could be detected, labour standards have been implemented or segregation in particular sectors has been challenged;
Amendment 328 #
2017/2015(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for the EU and the Member States to ensure inclusive participation in trade consultations, including women’s rights organisations, trade unions and civil society and thus increase transparency for European citizens;
Amendment 334 #
2017/2015(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the trade partners to prepare substantial and sustainable counter-measures on anticipated negative effects of trade agreements on women;
Amendment 337 #
2017/2015(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Calls for gender balanced negotiating teams in order to fully take into account all gender aspects of trade agreements;
Amendment 339 #
2017/2015(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Asks the Commission to guarantee that ecological and social criteria, including gender equality criteria, can be applied in awarding public procurement contracts;
Amendment 32 #
2017/2008(INI)
Motion for a resolution
Recital B
Recital B
Amendment 36 #
2017/2008(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the application of the Istanbul convention on preventing and combatting violence against women is a prerequisite for women's empowerment and thus gender equality;
Amendment 40 #
2017/2008(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas economic violence is a form of gender based violence occurring in women's everyday life, hindering women of fulfilling their right to freedom, reproducing gender inequality and neglects women's role in society at large;
Amendment 60 #
2017/2008(INI)
Motion for a resolution
Recital E
Recital E
E. whereas a publicly accessible system of wage mapping including data collection has the potential to put pressure on both private and public sectors to assess their payment structures and redress any gender-based differences that are found, and to create a "culture of awareness" which makes it socially unacceptable to have a pay gap in a sector or company;
Amendment 67 #
2017/2008(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas OECD studies have shown that companies with more women on their boards experience greater profitability compared to those with all- male boards;
Amendment 70 #
2017/2008(INI)
Motion for a resolution
Recital I
Recital I
I. whereas trade unionsocial partners have the potential to strengthen women’'s economic empowerment through collective bargaining by promoting equal pay and, investing in work-life balance in their sector, encouraging women's career development in companies and offering information and education in worker's rights;
Amendment 87 #
2017/2008(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. In order for the empowerment of women to succeed, the workplace needs to be a safe haven free from any forms of discrimination or violence;
Amendment 88 #
2017/2008(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that violence against women, including economic violence, is a serious threat towards women and is both a cause and effect of gender inequality, urges therefor both Member States and the Commission to provide guidelines and adopt measures to tackle the economic violence towards women including interlinked factors causing economic dependency;
Amendment 90 #
2017/2008(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Reiterates that economic empowerment and independency is interlinked with the right to your own body and that access to SRHR is a crucial driving force in enhancing equality for all;
Amendment 99 #
2017/2008(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the current incoherence between the achievements of the Member States and the goals set out within the Barcelona targets and urges the Commission to closely monitor the measures taken by the Member States in order to fulfil their obligations;
Amendment 100 #
2017/2008(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Urges the Member States to swiftly adopt measures in accordance with the Barcelona targets as a way to ensure a beneficial work-life balance and to further increase labour market participation of women;
Amendment 109 #
2017/2008(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes that the Commission responded to the European Parliament's call to improve the reconciliation of professional and private life, by non- legislative proposals and a legislative proposal which creates several types of leaves to meet the challenges of the 21st century; stresses that the proposals made by the Commission is a good start in order to meet the expectations of European citizens; calls on all institutions to deliver on this package as soon as possible;
Amendment 119 #
2017/2008(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Underlines the importance of offering lifelong learning for women, especially including women in rural areas, in order to strengthen the position of women and to increase the economic empowerment and tackle the inequalities both in the labour market and in society at large;
Amendment 120 #
2017/2008(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Believes that workers' rights and the right to safe employment must precede potential increase of flexibility on the labour market as to ensure that flexibility does not increase atypical forms of work and normalisation of part-time work currently affecting women more than men;
Amendment 124 #
2017/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Insists that the principle of equal pay for equal work or work of equal value is enshrined in the EU Treaty; highlights, in this context, the Commission’s recommendation on strengthening the principle of equal pay between men and women through transparency which should be used to closely monitor the situation in Member States and draw up continuous reports also with the support of social partners;
Amendment 131 #
2017/2008(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the need to recognise and re-evaluate typically female-dominated work, such as that in the health, social and teaching sector, as compared to typically male-dominated work, which will demand that the sectors predominantly employing women, are better remunerated;
Amendment 135 #
2017/2008(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its conviction that achieving equal pay for equal work of equal value requires a clear framework of specific job evaluation tools with comparable indicators to assess ‘'value’' in jobs or sectors; inviturges the Commission, therefore, to deliver such a framework and to assist the Member States and social partners in implementing it;
Amendment 150 #
2017/2008(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that quotas in the public sector may be necessary where the public institutions do not fulfil their responsibility of fair representation, and could thus improve the democratic legitimacy of decision-making institutions; considers likewise that corporate boards with more women have been found to improve the performance of private companies;
Amendment 156 #
2017/2008(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates its call on the Council for a swift adoption of the directive on gender balance among non-executive directors of listed companies, as an important first step towards equal representation in the public and private sectors; and notes that progress is most tangible (from 11.9% in 2010 to 22.7% in 2015) in Member States in which binding legislation on quotas for boards has been adopted1a; __________________ 1a http://www.europarl.europa.eu/sides/getD oc.do?type=TA&reference=P8-TA-2017- 0073&language=EN&ring=A8-2017-0046
Amendment 165 #
2017/2008(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Observes that the adoption of gender equality plans and gender audits in the private sector may foster a positive, work-life balance-friendly image of companies and contribute to increasing employee motivation and reduced staff turnover;
Amendment 166 #
2017/2008(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Invites the Commission, therefore, to introduce the obligation for companies with more than 50 employees to negotiate equality plans with a view to enhance gender equality and fight discriminations at workplace level;
Amendment 170 #
2017/2008(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Expresses its conviction that social partners and collective agreements have the potential of empowering women through unity and by influencing a fairer wage-setting between the genders;
Amendment 217 #
2017/2008(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Asks for a reconsideration of macroeconomic focuses in which public spending priorities are reassessed and both women and men can benefit from investment in social infrastructure mainly health, care and social sectors;
Amendment 220 #
2017/2008(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Reiterates that women both use and work with public services more than men and that cuts in funding of public services effects women and the society at large in a negative way and by such reproduces inequality both in access to services and on the labour market;
Amendment 17 #
2017/2003(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the collaborative economy models can help to boost participation of women in the labour market and economy, by providing opportunities of flexible forms of entrepreneurship and employment;
Amendment 22 #
2017/2003(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas, while the recent Commission communication entitled 'European agenda for the collaborative economy' represents a good starting point for promoting and regulating this sector effectively, there is a need to incorporate the gender equality perspective and reflect the provisions of the relevant anti- discrimination legislation in further analysis and recommendations in this field;
Amendment 30 #
2017/2003(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the communication on a European Agenda for the collaborative economy, and underlines that it should represent a first step towards a more comprehensive and ambitious EU strategy on it; stresses the need for further clarification from the Commission in order to ensure a well-balanced and proportionate way forward;
Amendment 38 #
2017/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, if developed in a responsible manner without compromising the current level of protection for both consumers and workers, the collaborative economy may create significant opportunities for citizens and consumers, who benefit from enhanced competition, tailored services and lower prices;
Amendment 51 #
2017/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that the collaborative economy could also generate new entrepreneurial opportunities, jobs and growth, including for the participation of women in the economy, and could play an important role in making the economic system not only more efficient, but also socially and environmentally sustainable;
Amendment 61 #
2017/2003(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges, at the same time, that the collaborative economy is having a profound impact on long-established business models in many strategic sectors such as transportation, accommodation, restaurant industry, services, retail and finance; underlines the risk of having different legal standards for similar economic actors; is concerned about the risk of reducing consumer protection, workers’ rights and tax compliance; acknowledges the effects that collaborative businesses are having on the urban environment;
Amendment 101 #
2017/2003(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the importance of tackling challenges that arise when European customers are using online platforms headquartered outside the EU, in non-European cultural and regulatory contexts, with particular regard to data protection, liability of the platforms, taxation and employment law;
Amendment 103 #
2017/2003(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that European entrepreneurs show a strong propensity to create collaborative platforms for social purposes, and acknowledges a growing interest in cooperative governance models; believes at the same time it to be necessary to differentiate collaborative businesses with profit motivation and social, sustainable interests;
Amendment 107 #
2017/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the importance of preventing any form of discrimination, so as to grant effective and equal access to collaborative services, especially for women, disadvantaged people and communities;
Amendment 111 #
2017/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that those services offered within the collaborative economy which are publicly advertised and offered for profit fall within the remit of the Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services and should, therefore, be consistent with the principle of equal treatment of women and men;
Amendment 113 #
2017/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Underlines the importance of not excluding new forms of businesses from rules and legislation on protection of workers and consumers due to their innovative forms;
Amendment 115 #
2017/2003(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10 b. Considers that depending on the legal nature of the relationship between individual service providers with the platform provider, if the relationship presents labour relationship or self- employment, directives 2006/54/EU or 2010/41/EU alternatively should be applied.
Amendment 122 #
2017/2003(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the importance of ultra high-speed fixed and wireless networks as a precondition to develop the full potential of the collaborative economy and to reap the benefits offered by the collaborative model; recalls, thus, the necessity to ensure an adequate network access for all citizens in the EU, especially in those areas where sufficient connectivity is not yet available;
Amendment 174 #
2017/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that consumers should enjoy a high and effective level of protection, regardless of whether services are provided by professionals or peers; highlights, in particular, the importance of protecting consumers in peer-to-peer transactions; welcomes the Commission’'s initiative to ensure the adequacy of consumer law and preventing abuse of the collaborative economy; stresses the importance of looking for solutions which improve security for consumers and minimise risks of gender based violence while providing or accepting services within the collaborative economy;
Amendment 178 #
2017/2003(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Notes that harassment poses a particular challenge for gender equality in the area of collaborative economy services; highlights that whilst the "zero- tolerance" policy towards harassment adopted by many platforms constitutes a good practice to be further strengthened in the sector, there is a need for the platforms concerned to prioritise prevention of harassment as well as to consider creating clear procedures for reporting abuse cases for users;
Amendment 185 #
2017/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that, in many cases, due to persisting asymmetric information or lack of choice, rules for protecting consumers are still needed in the collaborative economy, especially due to persisting asymmetricregarding the information and transparency duties of the parties involved; highlights that transparency is essential inf ormation or lack of choiceder to protect consumers and develop trust in the collaborative economy;
Amendment 186 #
2017/2003(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that, in many cases, rules for protecting consumers are still needed in the collaborative economy, especially due to persisting asymmetric information or lack of choice;
Amendment 189 #
2017/2003(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines the importance to guarantee adequate information to consumers about the applicable legal regime of each transaction, the criteria used to determine the professional or non- professional nature of the transaction and consequent rights and legal obligations;
Amendment 201 #
2017/2003(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to clarify the collaborative platforms liability regime, - which could enhance responsible behaviour and increase user confidence - assess their duties according to already existing regulations and consider whether ad hoc legislation is needed in this regard;
Amendment 205 #
2017/2003(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Stresses the need for clarification of the provisions on liability for providers of goods and services and connecting online platforms on the basis of the Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services, in particular in cases of third-party harassment which predominantly concerns women; calls on the Commission to perform legal analysis and issue guidelines in in this regard;
Amendment 222 #
2017/2003(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes the trust-building mechanisms some collaborative platforms have put in place, including setting an effective and reliable review and reputation system, introducing of guarantees or insurance, identity verification of peers and prosumers - such as pre-screening mechanisms - and developing secure and more transparent payment systems; encourages collaborative platforms to learn from the best practices and to inform and raise awareness about their user´s legal obligations;
Amendment 224 #
2017/2003(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Emphasises the importance of coherent legislation in order to guarantee the well-functioning of the internal market for all and calls on the Commission to safeguard current rules and legislation on workers' and consumer rights before introducing new legislation which could fragmentise the internal market;
Amendment 226 #
2017/2003(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Welcomes all initiatives aimed at enhancing trust and transparency of rating mechanisms and setting-up reliable reputation criteria in collaborative economy business models; considers two- way rating mechanisms and voluntary adoption of certification schemes as good examples to avoid abuses, manipulations and fake feedback;
Amendment 293 #
2017/2003(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency within the overall digitalisation of the society; underlines the risks of unclear employment relations, unfair working conditions and non compliance with worker's rights;
Amendment 305 #
2017/2003(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services, - first and foremost the worker`s right to organise, take collective action and negotiate collective agreements - of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection;
Amendment 306 #
2017/2003(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines the paramount importance of safeguarding workers’' rights in collaborative services, of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection; special attention should be paid to prevent precarious employment models, while women are more likely than men to be employed precariously;
Amendment 317 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Stresses that there is a strong need to fully clarify the working relationship between workers and collaborative platforms; calls on the Commission and the Member States to guarantee a level playing field between digital and traditional economies also from the labour market and workers' right perspective, avoiding thus the risk of applying different rules to comparable situations and unfair competition;
Amendment 323 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Recalls that all workers in the collaborative economy are either employed (employees) or self-employed and that all work in the collaborative economy should be classified accordingly, avoiding the creation of new hybrid categories for workers in the collaborative economy; regardless of the status classification, calls the Commission and Member States to assess the possibility to extend traditional protections of employment law and social security protections established at national level to workers in the collaborative economy;
Amendment 325 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33 c. Due to the rising number of self- employed workers in the collaborative economy, urges the Commission to re- examine the existing EU competition laws, which are now hampering the right to organise for those workers treated as independent contractors, in order to guarantee the fundamental right to organise, undertake collective actions and negotiate collectively, including with regard to their compensation;
Amendment 327 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 d (new)
Paragraph 33 d (new)
33 d. Underlines the importance to ensure the portability of ratings and reviews for collaborative platforms workers and to guarantee the transferability and accumulation of ratings and reviews across different platforms while respecting rules on data protection and the privacy of other parties involved;
Amendment 328 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 e (new)
Paragraph 33 e (new)
33 e. Stresses the importance of up to date skills in the changing employment world to ensure that all workers could have adequate skills, as required in the digital economy; encourages the Commission, Member States and collaborative economy businesses to enable life-long learning training and skills development;
Amendment 329 #
2017/2003(INI)
Motion for a resolution
Paragraph 33 f (new)
Paragraph 33 f (new)
33 f. Draws attention to the lack of data relating to changes in the employment world brought by the collaborative economy and underlines the importance of closely monitoring working conditions in the collaborative economy in order to combat illegalities; furthermore, encourages each Member States to appoint a national competent entity as responsible for controlling and evaluating emerging trends in the collaborative economy's labour market, taking necessary actions in case of illegalities, and informing other relevant authorities; asks Member States to periodically provide to the European Commission with data and information about jobs and working conditions in the collaborative economy;
Amendment 333 #
2017/2003(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Is convinced that one of the most interesting examples is the civic crowd- funding that combines public-private partnership with innovative forms of participatory democracy;
Amendment 343 #
2017/2003(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices, shifting the focus from smart cities to sharing cities, based on collaboration and common pooling practices; is also convinced that the collaborative economy can be a solution to tackle specific problems and offer significant opportunities to inner peripheries and rural areas, tooand can convey new forms of development through local production processes which are globally connected in the framework of an inclusive innovation; believes that this can generate new forms of competition between territories based on the availability of local collective competition goods (such as infrastructures, educational structures, business services);
Amendment 349 #
2017/2003(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Supports the establishment of a "Forum", involving the CoR and all the relevant EU institutions, cities and other local institutions, organisations, networks active in the local, regional, rural and inner peripheric dimension of the collaborative economy to share experiences and exchange good practices, strengthen the local dimension of the collaborative economy and liaise with the relevant thematic partnerships of the Urban Agenda for the EU ;
Amendment 357 #
2017/2003(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Points out the importance of adequate competences and skills, in order to enable as many individuals as possible to play an active role in the collaborative economy; is of the opinion that the potential of the collaborative economy will be fully unleashed only through effective policies of social inclusion at EU level, starting with confident and critical use of ICT as a key competence for lifelong learning strategies; stresses the importance of encouraging women and girls to acquire ICT related competences and provide them with opportunities of doing so, in order for them to be able to fully enjoy the benefits of collaborative economy;
Amendment 366 #
2017/2003(INI)
Motion for a resolution
Paragraph 39 d (new)
Paragraph 39 d (new)
39 d. At the same time, asks the Commission to monitor the effects and the impact of the development and diffusion of these digital technologies in the collaborative economy business model; welcomes the Commission's initiative to ensure the adequacy of consumer law within this activities and draws the attention to ensure adequate consumer protection even with regard to peers to peers Blockchains and DLTs transactions;
Amendment 2 #
2017/2001(INI)
Proposal for a recommendation
Citation 1 a (new)
Citation 1 a (new)
– having regard to the Council Conclusions of 26 May 2015 on gender and development and on A New Global Partnership for Poverty Eradication and Sustainable Development after 2015, and of 16 December 2014 on a transformative post-2015 agenda;
Amendment 5 #
2017/2001(INI)
Proposal for a recommendation
Recital B
Recital B
B. whereas women’s human rights and gender equality isare not only a fundamental human right, but a precondition for advancing development and reducing poverty and a necessary foundation for a peaceful, prosperous and sustainable world;
Amendment 10 #
2017/2001(INI)
Proposal for a recommendation
Recital C
Recital C
C. whereas the fifth Sustainable Development Goal is to achieve gender equality and to empower all women and girls worldwide; whereas SDG5 is a stand- alone goal, meaning that it has to be mainstream into the whole 2030 Agenda and the realisation of all SDGs; whereas empowering women means enabling women to gain more power and control over their lives on an equal footing with men;
Amendment 14 #
2017/2001(INI)
Proposal for a recommendation
Recital D
Recital D
D. whereas women are important economic agents worldwide and women’s economic participation can grow economies, create jobs and build inclusive prosperity; whereas countries that value and empower women to participate fully in the labour market and decision-making are more stable, prosperous and secure; whereas gender budgeting is smart economics and ensures that public spending serves the advancement of equality between women and men;
Amendment 17 #
2017/2001(INI)
Proposal for a recommendation
Recital F
Recital F
F. whereas the EU plays an important role in fostering the empowerment of women and girls, within the EU as well as worldwide, by political and financial means; whereas the EU must play a key role of guardian of UN and EU agreed language on women’s human rights;
Amendment 22 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (a)
Paragraph 1 (a)
1 (a). Confirm its commitment to the Beijing Platform for Action and to the range of actions for women’s human rights and gender equality outlined therein; Confirm its commitment to the twin-track approach to women’s human rights, through gender mainstreaming in all policy areas and the implementation of specific actions for women’s human rights and gender equality;
Amendment 34 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (e a) (new)
Paragraph 1 (e a) (new)
1 (e a). Eliminate the gender pay, life- long earnings and pension gaps; End all forms of discrimination against women in laws and policies at all levels; Combat all forms of gender stereotypes perpetuating inequality, violence and discrimination, in all spheres of society; Support women’s organisations at all levels in their work; involve them as partners in policy making and ensure adequate funding; Apply gender budgeting, as a tool of gender mainstreaming, to all public expenditure;
Amendment 46 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (i)
Paragraph 1 (i)
1 (i). Promote new investment in social care infrastructure, education and health care and in public provision of accessible, affordable child and dependentand quality care services throughout the life-cycle including, child, dependent and elderly care;
Amendment 52 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (m)
Paragraph 1 (m)
1 (m). Ensure coherence between EU internal, external policies and the sustainable development goals;
Amendment 57 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (o)
Paragraph 1 (o)
1 (o). Involve social partners and women’s organisations in economic decision making;
Amendment 68 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (s)
Paragraph 1 (s)
1 (s). Call on all countries for the ratification and implementation of the UN Convention on the Rights of Persons with Disabilities, including Article 6 thereof entitled ‘Women with disabilities’;
Amendment 80 #
2017/2001(INI)
Proposal for a recommendation
Paragraph 1 (u)
Paragraph 1 (u)
1 (u). Mobilise the resources required to realise women’s economic rights and reduce gender inequality, including through the use of the existing instruments at EU and Member State level; apply gender budgeting to all public expenditure to ensure equality between women and men;
Amendment 376 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
Amendment 384 #
2017/0353(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point m
Article 14 – paragraph 3 – point m
Amendment 55 #
2017/0144(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The ECRIS legal framework, however, does not sufficiently cover the particularities of requests concerning third country nationals. Although it is nowcurrently possible to exchange information on third country nationals through ECRIS, there is no procedure or mechanism in place to do so efficiently.
Amendment 62 #
2017/0144(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should therefore lay down rules on creating a centralised system containing and protecting personal data at the level of the Union, the division of responsibilities between the Member State and the organisation responsible for its development and maintenance, as well as any specific data protection provisions needed to supplement the existing data protection arrangements and provide for an adequate overall level of data protection and, data security. T and the protection of the fundamental rights of the persons concerned should be protected as well.
Amendment 71 #
2017/0144(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The ECRIS-TCN system should contain only the identity information of third country nationals convicted by a criminal court within the Union. Such identity information should include alphanumeric data, and fingerprint data in accordance with Framework Decision 2009/315/JHA, and facial images in as far as they are recorded in the national criminal records databases of the Member States.
Amendment 74 #
2017/0144(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the event that there is a match between data recorded in the Central System and those used for search by a Member State (hit), the identity information against which a 'hit' was recorded is provided together with the hit. That information should only be used to assist in confirming the identity of the third country national concerned in order to verify that the recorded data is accurately assigned to the correct person to which the hit relates. This may include the recording of such data in the national criminal record database of the querying Member States as an alias of the third country national.
Amendment 78 #
2017/0144(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 83 #
2017/0144(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The use of biometrics is necessaryuseful as it is the most reliable method of identifying third country nationals within the territory of the Member States, who are oftensometimes are not in possession of documents or any other means of identification, as well as for more reliable matching of third country nationals data.
Amendment 97 #
2017/0144(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The European Union Agency for Law Enforcement Cooperation (Europol) established by Regulation (EU) 2016/794 of the European Parliament and of the Council23 , Eurojust established by Council Decision 2002/187/JHA24 [and the European Public Prosecutor's Office established by Regulation (EU) …/…25 ] should have access to the ECRIS-TCN system for identifying the Member State(s) holding criminal record information on a third county national in order to support their statutory tasks. _________________ 23 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). 24 Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 063, 6.3.2002, p.1). 25 Regulation (EU) .../... (OJ L ...). Regulation (EU) .../... (OJ L ...).
Amendment 104 #
2017/0144(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Directive (EU) 2016/680 of the European Parliament and of the Council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Regulation (EU) 2016/679 of the European Parliament and of the Council27 should apply to the processing of personal data by national authorities provided that national provisions transposing Directive (EU) 2016/680 do not apply. Coordinated supervision should be ensured in accordance with Article 62 of [the new data protection regulation for Union institutions and bodies]. _________________ 26 Directive (EU 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89) 27 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 124 #
2017/0144(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) 'third country national' means a national of a country other than a Member State regardless of whether the person also holds the nationality of a Member State, or a stateless person or a person whose nationality is unknown to the convicting Member State;
Amendment 133 #
2017/0144(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 142 #
2017/0144(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) surname (family name); first name(s) (given names); date of birth; place of birth (town and country); nationality or nationalities; gender; parents' names; where applicable previous names, pseudonym(s) and/or alias name(s); the code of the convicting Member State;
Amendment 145 #
2017/0144(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) fingerprint data in accordance with Framework Decision 2009/315/JHA31, only when the national law of the convicting Member State allows for collection and storage of fingerprints of a convicted person, and with the specifications for the resolution and use of fingerprints referred to in point (b) of Article 10(1); the reference number of the fingerprint data of the convicted person including the code of the convicting Member State. _________________ 31 As amended by Directive of the European Parliament and the Council amending Council Framework Decision 2009/315/JHA, as regards the exchange of information on third country nationals and as regards the European Criminal Records Information System (ECRIS), and replacing Council Decision 2009/316/JHA (….).
Amendment 149 #
2017/0144(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 160 #
2017/0144(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 163 #
2017/0144(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 171 #
2017/0144(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Europol, Eurojust [and the European Public Prosecutor's Office] shall have access to the ECRIS-TCN system for identifying the Member State(s) holding criminal record information on a third county national in accordance with Articles 14, 15 and16.
Amendment 174 #
2017/0144(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 184 #
2017/0144(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall erase the individualpermanently erase the data record without delay from the Central System, and in any event no later than one monthweek after the expiry of that retention period.
Amendment 191 #
2017/0144(COD)
4. If a Member State other than the Member State which entered the data has reason to believe that data recorded in the Central System are inaccurate or that data was processed in the Central System in contravention of this Regulation, it shall contact the central authority of the convicting Member State without delay. The convicting Member State shall check the accuracy of the data and the lawfulness of its processing within one monthweek.
Amendment 197 #
2017/0144(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
Amendment 200 #
2017/0144(COD)
(e) the technical specifications for data quality, including a mechanism and procedures to carry out data quality checks;
Amendment 238 #
2017/0144(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Each Member State shall give the staff of its authorities, which have a right to access the ECRIS-TCN system, appropriate training, in particular on data security and data protection rules and on relevant fundamental rights, before authorising them to process data stored in the Central System.
Amendment 240 #
2017/0144(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. In accordance with DirectiveRegulation (EU) 2016/68079, each Member State shall ensure that the data recorded in the ECRIS- TCN system is processed lawfully, and in particular that:
Amendment 247 #
2017/0144(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Neither Eurojust, Europol, [the European Public Prosecutor's Office] nor any central authority of a Member State may transfer or make available to a third country, any international organisation nor a private party, any information obtained from the ECRIS-TCN system on previous convictions of a third country national, or information on the Member State(s) which may hold such information.
Amendment 248 #
2017/0144(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Access for Eurojust, Europol [, and the European Public Prosecutor's Office]
Amendment 253 #
2017/0144(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Europol [and t[The European Public Prosecutor's Office] shall have direct access to the ECRIS-TCN system for the purpose of fulfilling their statutory tasks.
Amendment 255 #
2017/0144(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Following a hit indicating the Member State(s) holding criminal records information on a third country national, Eurojust, Europol[, and the European Public Prosecutor's Office] may use their contacts with the national authorities of those Member States established in accordance with their respective constituting legal instruments to request the conviction information.
Amendment 257 #
2017/0144(COD)
Responsibilities of Eurojust, Europol[, and the European Public Prosecutor's Office]
Amendment 258 #
2017/0144(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Eurojust, Europol[, and the European Public Prosecutor's Office] shall establish the technical means to connect to the ECRIS- TCN system and shall be responsible for maintaining that connection.
Amendment 263 #
2017/0144(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point g
Article 17 – paragraph 3 – point g
(g) ensure that all authorities with a right of access to the ECRIS-TCN system create profiles describing the functions and responsibilities of persons who are authorised to enter, amend, delete, consult and search the data and make their profiles available to the national supervisory authorities referred to in Article 25 without delay at their request;
Amendment 271 #
2017/0144(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Each central authority of the Member State is to be considered as controller in accordance with DirectiveRegulation (EU) 2016/68079 for the processing of the personal data by that Member State under this Regulation.
Amendment 274 #
2017/0144(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Access to the ECRIS-TCN system for entering, amending, deleting and consulting the data referred to in Article 5 shall be reserved exclusively to duly authorised staff of the central authorities, and to duly authorised staff of the bodies referred to in Article 15 for consulting the data. That access shall be limited to the extent needed for the performance of the tasks in accordance with the purpose referred to in paragraph 1, and to what is necessary and proportionate to the objectives pursued.
Amendment 277 #
2017/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. If a request is made to a Member State other than the convicting Member State, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ECRIS-TCN system within a time limit of one monthout undue delay, and in any case within one week if that check can be done without consulting the convicting Member State. Otherwise, the Member State other than the convicting Member State shall contact the authorities of the convicting Member State within 14 daysone week and the convicting Member State shall check the accuracy of the data and the lawfulness of the data processing within one monthweek from the contact.
Amendment 289 #
2017/0144(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Each Member State shall ensure that the supervisory authority or authorities designated pursuant to Article 451 of DirectiveRegulation (EU) 2016/68079 shall monitor the lawfulness of the processing of personal data referred to in Article 6 by the Member State concerned, including their transmission to and from the ECRIS-TCN system.
Amendment 295 #
2017/0144(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Each Member State shall supply any information requested by the supervisory authorities and shall, in particular, provide them with information on the activities carried out in accordance with Articles 12, 13 and 17. Each Member State shall grant the supervisory authorities access to their records pursuant to Articles 23(7) and 29 and allow them access at all times to all their ECRIS-TCN system related premises.
Amendment 304 #
2017/0144(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The costs of connection of Eurojust, Europol and [the European Public Prosecutor's Office] to the ECRIS- TCN system shall be borne by the budget of those bodies.
Amendment 11 #
2016/2329(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas relevant information in regards to the European protection order might be difficult to access for both victims and relevant actors such as shelters;
Amendment 31 #
2016/2329(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, in order to reduce the estimated number of unreported cases of violence, Member States must put in place and reinforce instruments of protection for women to feel safe and to be able to report gender-based violence; whereas the considerable high number of unrecorded cases of gender-based violence should be understood as gender based violence not always being prioritised by the authorities nor with sufficient resources;
Amendment 36 #
2016/2329(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas violence against women often occurs domestically where women occasionally are in a position of dependency; whereas the relevant authorities must have structures creating a safe haven for women being victims of gender-based violence;
Amendment 49 #
2016/2329(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas the different judicial systems in the Member States could be considered to hamper the number of issued EPOs;
Amendment 51 #
2016/2329(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas the issuing of an EPO and its content is especially sensitive for the victim and must be understood thereof; whereas victims of violence are put under a lot of pressure and should therefore be able to rely on relevant authorities to be efficient and urgent in dealing with their requests;
Amendment 71 #
2016/2329(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls in this respect for an obligation for relevant authorities to inform people living in the country on their rights as victims, including the European protection when reporting cases of gender-based violence;
Amendment 75 #
2016/2329(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Member States to increase the level of cooperation in order to ensure a well-functioning system of communication between the issuing and executing Member State to decrease the numbers of EPOs being rejected;
Amendment 105 #
2016/2329(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines that translation and interpretation services need to be available and free of charge for victims when a cross-border instrument in criminal matters such as the EPO is being executed; highlights, therefore, that all relevant documents are being translated into at least one language spoken by the victim and accessible to the victim after the process’ conclusion;
Amendment 110 #
2016/2329(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deplores the shortage of special measures implemented by the Member States for victims in vulnerable situations or victims with specific needs; calls, therefore, on the Member States, in cooperation with the Commission and relevant organisations working with victim protection, to adopt special guidelines and measures that will facilitate the EPO for victims in vulnerable situations or victims with specific needs;
Amendment 115 #
2016/2329(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for staff, working with cases of gender-based violence, to receive adequate training considering the specific needs of women being victims of violence and to be allocated sufficient resources in order to prioritise gender-based violence;
Amendment 116 #
2016/2329(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Urges the Member States and their relevant authorities to be structures as a safe haven for women reporting cases of gender-based violence without their perpetrator being informed until a legal procedure demands such measure;
Amendment 119 #
2016/2329(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Member States to distribute sufficient resources to authorities working with EPOs in order to facilitate an efficient system taking into account the situation of the victim; calls therefore on Member States to deal with any EPOs urgently and that every request shall be finalised no later than two weeks after being submitted;
Amendment 121 #
2016/2329(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Reiterates the vulnerable situation of the victim in the process of issuing an EPO and stresses therefore that whenever a situation requires that the perpetrator is being informed of any details regarding the EPO, the victim must be informed of that decision;
Amendment 147 #
2016/2329(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Highlights that new means of communication, via e.g. digital platforms, are being used as a new form of gender- based violence including also threats and harassments; calls therefore on the Member states to include these aspects when issuing and/or executing an EPO;
Amendment 155 #
2016/2329(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to set up campaigns to encourage women to report any forms of violence on the basis of gender, together with country specific tools for the victims and guidelines on how to properly report any cases of violence, thereby improving the accuracy of data on gender-based violence;
Amendment 3 #
2016/2276(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights1a , _________________ 1a Texts adopted, P8_TA (2017) 0010
Amendment 8 #
2016/2276(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digitalisation and new technologies have changed forms of communication and the behaviour of consumers and companies; whereas a new economic paradigm appears, the digital era or the fourth industrial revolution that is based on the digitisation of all facets of the economy and society;
Amendment 13 #
2016/2276(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the evolving use of internet and mobile devices has created new business opportunities and business models, and not only new, but also business models that are alternative to the traditional ones of the companies taking advantage of the new technologies, through internet platforms, Information and Communication Technology applications that allow our communities to rent, to share, to exchange, or to sell access to products or services;
Amendment 20 #
2016/2276(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas Europe, compared to the world scale, has made progress in labour and social standards and in social protection systems, and whereas the EU must, in the digital economy, continue to develop the European social model, a fair distribution of wealth, quality employment and sustainable and inclusive growth in long-term employment;
Amendment 23 #
2016/2276(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas it is essential for companies to behave in a socially responsible manner, taking into account sustainability and the interests of society; whereas European labour markets are more often evolving towards 'atypical' or 'non-standard' forms of employment, such as occasional work, work on- demand, dependent self-employment or work intermediated by these digital platforms; and whereas we must ensure that workers who use the platforms have decent working conditions;
Amendment 28 #
2016/2276(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas new content providers are adjusting the supply and demand of goods and services, based on community sentiment, shared access, reputation and trust; whereas online platforms are shaking up highly regulated traditional business models, which has called into question the equal conditions of all market players, their responsibility, the quality of the service they offer and also safety and consumer protection;
Amendment 64 #
2016/2276(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the communication on ‘Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe’; regrets, however, that this communication limits the role of platforms to mere intermediaries between service providers and consumers and renounces to take a more active role in regulating this new economy;
Amendment 70 #
2016/2276(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges that online platforms benefit today’s digital economy and society by increasing the choices available to consumers and creating and shaping new markets; points out, however, that online platforms present new policy and regulatory challengesrecognizes that existing legal gaps are facilitating unfair competition of the digital sector vis-a-vis the non-digital sectors, possible online social dumping and unclear fiscal rules; points out that overcoming these new political, social and regulatory challenges is fundamental for the digital economy in order to produce a general benefit to society as a whole;
Amendment 78 #
2016/2276(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; stresses that the Union should support the development of the digital economy by clarifying the applicable legal provisions and shape its course in a socially just, balanced and sustainable manner;
Amendment 86 #
2016/2276(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to examine in how far existing Union regulations are applicable to the digital labour market and ensure the adequate implementation and enforcement; calls on the Member States, in collaboration with social partners and other relevant stakeholders, to assess, in a proactive way and based on the logic of anticipation, the need for the modernisation of existing legislation, including social security systems, to stay abreast of the technological development while ensuring the protection of workers;
Amendment 98 #
2016/2276(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need for a clear distinction between 'commercial' and 'non-commercial' platforms in order to ensure a level playing field as well as a clear distinction between non-professional peer to peer activity where most expenses are shared and goods and service providers acting in their professional capacity or gaining an income through the activity; calls on the Commission to encourage the Member States to develop sector specific definitions and thresholds, in collaboration with relevant stakeholders, in this regard; underlines the importance to recognise remunerated services provision in the platform economy as 'work' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
Amendment 120 #
2016/2276(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Commission to advance in the establishment of certain common criteria of online platforms for classification purposes on a European Union scale which differentiates at least between those that perform a physical job or a virtual service, between those that perform a simple intermediation and those that participate in a broader way in the market, and also between commercial and non-commercial platforms;
Amendment 128 #
2016/2276(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides; notes that they also adjust the supply and demand of goods and services based on community sentiment, shared access, reputation and trust, and also incorporate comments or rating options widely;
Amendment 142 #
2016/2276(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the increasingly widespread use of smartphones and tablets has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young peopledespite having to avoid the existence of new gaps that can be produced by unequal access to technology or a high quality of technology, especially between generations and between rural and urban areas;
Amendment 184 #
2016/2276(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that some online platforms realise the collaborative economy; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services and greater choice for consumers as well as provide flexibilitythreats, challenges and new opportunities for employees;
Amendment 189 #
2016/2276(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recognizes that there is currently an excessive tendency to use the figure of the economically dependent self-employed worker on these online platforms, and that this may lead to an imbalance in the working time, in occupational health, in the possibilities to take collective action, in social protection, and in other working conditions;
Amendment 190 #
2016/2276(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Calls on the Member States and the Commission to ensure adequate social security for self-employed workers, who are key players in the digital labour market; calls on the Member States and the Commission to adapt existing social protection schemes and to develop new mechanisms of protection, where necessary, to ensure adequate coverage of workers in these platforms as well as non- discrimination and gender equality, and to share best practices at European level;
Amendment 272 #
2016/2276(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on platforms whose business model is influenced by customer reviews to be obliged to establish mechanisms for verifying the accuracy of such reviews;
Amendment 277 #
2016/2276(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to ensure a level playing field for online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size-fits-all’ solutions are rarely appropriate; considers that is why any regulation has to take into account the size of the platforms, their nature and classification, to ensure that these platforms compete with the same rules and on an equal footing as other companies in the markets in which they operate;
Amendment 293 #
2016/2276(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures, thereby increasing consumer choice;
Amendment 308 #
2016/2276(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Underlines the importance of investments in infrastructure; stresses that reliable high-speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality and fair and non-discriminatory access to online platforms; stresses the need for adequate investments and a coherent regulatory framework in research and innovation, infrastructure, cybersecurity, data protection, eGovernment and digital skills, in order to ensure a well-functioning digital single market; stresses that the EU is lagging behind its competitors in this respect and more resources are needed for these investments, as well as full use of the potential and synergies of existing funds and incentivizing private investments; believes that further efforts from the Commission should address those challenges in an efficient manner; urges the Commission to introduce more clarity on the financing of the undertaken and upcoming initiatives facilitating the digitisation process, in particular with regard to the role of the EFSI, ESIF, H2020 and potential synergies between them, as well as on the estimated contribution from the Member States national budgets; calls on the Commission to investigate the impact of PPP and JTI in the context of the forthcoming interim evaluation of Horizon 2020;
Amendment 327 #
2016/2276(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used; calls on the Commission and the Member States to take the necessary measures to ensure the full respect of citizen´s rights to privacy and to protection of their personal data in the digital environment; emphasizes the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of "privacy by design and by default"; notes the increasing importance of clarifying the concerns over data access, ownership and liability issues and calls on the Commission to asses further the current regulatory framework with regard to these issues; believes that consumers should be able to freely and fully use and exploit the products and services they buy, including in the free choice of repairers, and should not be obstructed by data issues; calls on the Commission to clarify in the framework of the GDPR implementation and define some minimum requirements with regard to data gathered in a workplace;
Amendment 346 #
2016/2276(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; recommends to the platforms that along with the terms and conditions a complementary reduced version should be included explaining at least the processing of data and legal and commercial guarantees;
Amendment 378 #
2016/2276(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Considers that intellectual property is a legal right that must be protected against the challenges posed by the digital economy and stresses that the technical complications involved should not be an excuse to infringe the rights of authors and creators; calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectively to the fight against counterfeiting by adopting proactive, proportionate and effective measures; _________________ 6in particular, calls for a rapid procedure for the de-indexation of contents that infringe intellectual property and for a traceability mechanism allowing to detect the origin of the illegally uploaded content; _________________ 6 OJ L 195, 2.6.2004, p. 16. OJ L 195, 2.6.2004, p. 16.
Amendment 429 #
2016/2276(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Takes the view that metadata comparison services are particularly important in order to guarantee the comparability of offers to the consumer and to enable different companies to compete freely; calls, therefore, on the Commission to address possible anti- competitive practices that may be developing on these platforms and which infringe the rights of consumers and businesses;
Amendment 443 #
2016/2276(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Calls for the same tax rules to be applied for all companies providing comparable services regardless of whether they offer them online or offline; calls for ensuring that all companies including digital ones pay their taxes in the place where they obtain the economic benefit for their activity;
Amendment 459 #
2016/2276(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Points out that investment in education and innovation are key for the EU to compete successfully on the global markets while maintaining high levels of employment under fair conditions; stresses that social consequences of market opening must not only be addressed but foreseen and absorbed in a way that workers have the skills and tools needed to adapt to new challenges; considers therefore essential to invest in education and life long learning;
Amendment 10 #
2016/2221(INI)
Draft opinion
Recital B
Recital B
B. whereas all forms of sex discrimination, including discrimination on grounds of gender, must be firmly combated;
Amendment 22 #
2016/2221(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas a glass ceiling still exists for women on the labour market which is partly attributable to the fact that women are viewed with reference to their reproductive characteristics, which means that women’s career opportunities are hampered by the very possibility of pregnancy later in working life;
Amendment 59 #
2016/2221(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that, in order to combat poverty and a lack of equality, vigorous measures need to be taken against discrimination and harassment on the labour market in conjunction with a more equitable distribution policy; considers that a zero target for sexual harassment should be instituted as a code of conduct on the European labour market;
Amendment 71 #
2016/2221(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that under no circumstances should the increased demands for flexibility on the labour market result in women continuing to be over-represented in atypical employment and among those with insecure employment status;
Amendment 10 #
2016/2100(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that EU competition law and authorities need to guarantee a level playing field for businesses and a real choice for consumers in the digital single market; calls on the Commission to pursue a policy of active, effective and acceleratedeffective enforcement of the competition rules, in particular in the online search services and mobile internet sector, in order to remove barriers to innovation and to enable EU consumers to seize all the opportunities that a genuine digital single market can offer; stresses that the Commission should also ensure that the digital economy e.g. platform economy are not being misused to undermine consumers and worker's rights on the single market. This can lead to resistance to developing a fair digital single market;
Amendment 41 #
2016/2100(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports the Commission action on anti-cartel enforcement, such as recent actions in retail food and optical disc drive sectors, to guarantee fair prices to consumers;
Amendment 53 #
2016/2100(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Encourages the Commission to not only focus its efforts for fair competition on the high profile cases against large well-known companies, reminds the Commission that the enforcement of fair competition is also of importance towards SMEs;
Amendment 55 #
2016/2100(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. The emission scandal, which began in the US with Volkswagen, has made it clear that American consumers are better off in case of fraud and abuse of e.g. the competition rules compared to European consumers; Encourages the Commission to look into the possibility of ensuring individual compensation to affected consumers, since this may act as a deterrent to fraud and abuse thereby ensuring a fair Single Market;
Amendment 56 #
2016/2100(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Reiterates that all market players should pay their fair share of tax; Welcomes the Commission's in-depth investigations into anti-competitive practices such as selective tax advantages or excess profit ruling systems;
Amendment 24 #
2016/2061(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the aim of pension policies is to make sure that pension systems give all EU citizens a decent income that safeguards them against the risk of social exclusion and means they can continue to be part of society because they are guaranteed an acceptable standard of living;
Amendment 25 #
2016/2061(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the pension gap tends to leave women more at risk of economic vulnerability and dependence than exacerbate the situation of women with regard to economic vulnerability and dependence, and whereas this begins long before retirement;
Amendment 37 #
2016/2061(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the lack of comparable, comprehensive, reliable and regularly updated data on the basis of which to gauge the size of the pension gap and the relative importance of the factors that contribute to it make it difficult to determine how best to tackle the problem;
Amendment 41 #
2016/2061(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the average pension gap for the European Union as a whole in 2012 concealed major disparities between Member States, and whereas this should be a reason for dialogue among the Member States to be stepped up with a view to identifying ways of solving the problem;
Amendment 48 #
2016/2061(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the full extent of the pension gap, which is the product of all gender imbalances and inequalities that arise throughout people’s working lives, may be– in terms of, for example, access to power and economic resources – that arise throughout people’s working lives, and whereas there is a negative impact for women because this is masked by corrective mechanisms;
Amendment 53 #
2016/2061(INI)
Motion for a resolution
Recital N
Recital N
N. whereas there appears to be a positive correlation between the pension gap and the number of children brought up; whereas, in view of this, the inequalities suffered by single moth inequalities suffered by single mothers are likely to be exacerbated when they retire as a result of exclusion from the labour market and poor childcare in the Member States; whereas single mothers are vulnerable in numerous ways, and whereas this vulnerability is also continuously being exacerbated by conservative and traditional gender patterns are likely to be exacerbated when they retirethat encourage women to stay at home rather than playing an active role in the labour market after pregnancy;
Amendment 69 #
2016/2061(INI)
Motion for a resolution
Recital P
Recital P
P. whereas, despite the effortsalthough some efforts have been made to improve the situation in this area, the employment rate among women still falls short of the Europe 2020 strategy targets and is still lower than that among men;
Amendment 78 #
2016/2061(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas women are more likely than men to be obliged to take career breaks and, work on a part-time basis and take on non-standard forms of employment as a result of their disproportionate responsibility for providing care within their households, or because employers, for example, expect them to take on that responsibility at a later stage of life;
Amendment 115 #
2016/2061(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that this strategy should, within the framework of EU legislation, seek to address not only the impact of the pension gap, in particular on the most vulnerable groups, but also its underlying causes, and calls for intergovernmental dialogue in areas that fall within national areas of responsibility;
Amendment 137 #
2016/2061(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to work together with the European Institute for Gender Equality (EIGE) to develop reliable indicators on the basis of which to identify the various factors behind the pension gap, as well as to monitor that gap and, flag up changes and report to the European Parliament;
Amendment 166 #
2016/2061(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports efforts to tackle horizontal and vertical segregation on the labour market by encouraging women to take up jobs and careers in innovative growth sectors which are currently dominated mainly by men as a result of the persistence of stereotypes, and to overhaul and oppose norms according to which, for example, wages are structured so as to place a premium on traditionally male- dominated jobs;
Amendment 184 #
2016/2061(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission swiftly to deliver on the commitments it gave under both the Roadmap and the Strategic Engagement, in order to enable anyone wishing to do so to strike a bettermore equal work-life balance;
Amendment 195 #
2016/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to make it easier for employees to negotiate voluntary flexible working arrangements in line with national practice, giving them a better balance between their working and private lives, so that they do not have to favour one over the other when they are obliged to take on greater responsibility for looking after homes and families;
Amendment 201 #
2016/2061(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 14 #
2016/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the current geopolitical environment and the situation in Europe call for the Union to assume greater responsibilities in the fields of both external and internal security and to pursue more ambitious goals such as a European Armin order to guarantee security and safety for people in Europe under the common foreign and security policy, and welcomes the European Council’s conclusions of June 2015 asking for further development of both civilian and military capabilities and the strengthening of Europe’s defence industry;
Amendment 69 #
2016/2052(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of intensifying the synergies between security and defence and the synergies with other Union policies, and of building on integrated capabilities and of applying Security Council resolution 1325 on women, peace and security in CSDP operations in order to develop common approaches in the areas of, for example, hybrid threats, terrorism, external border security, illegal immigration, common intelligence, cybersecurity and customs controls;
Amendment 91 #
2016/2052(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that sovereignty concerns and divergent threat perceptions in the different Member States and differing national industries and operational capabilities hamper integration of the defence sector and contribute to market fragmentation, and believes that aenhanced European Defence Uncooperation may create more trust, align the different plans for development of national capabilities and ultimately lead to more common projects for both civilian and military crisis management capabilities and the opening of the markets.
Amendment 39 #
2016/2017(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the first findings of the Eurofound 6th European Working Conditions Survey (EWCS) show that European labour markets are highly gender segregated with substantial differences between women and men remaining in occupation, sector, contract type, pay, working time and the share of unpaid work; whereas the Survey states that achieving the Europe 2020 target of 75% of 20-64 years old in employment is strongly dependent on increasing participation of women in the labour market1c; __________________ 1c Eurofound (2015): First findings: Sixth European Working Conditions Survey.
Amendment 47 #
2016/2017(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas the EWCS shows that atypical working hours often prevent workers from devoting time to their family, i.e. working on Saturdays and Sundays, overtime, shift and night work, and it raises health and safety concerns with increased risk of accidents at work and poorer health in the long term;
Amendment 66 #
2016/2017(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Commission, in its communication on the European Social Pillar18, notes that ‘women continue to be underrepresented in employment, overrepresented in part-time work and low- paid sectors, and receive lower hourly wages also when performing equivalent work even though they have surpassed men in educational attainment’; __________________ 18 COM(2016) 127, 8.3.2016, Annex I. COM(2016) 127, 8.3.2016, Annex I.
Amendment 189 #
2016/2017(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to put in place policies that acknowledge the increasing diversity of family relationships and parenting arrangements, in particular to guarantee that a child is not discriminated against because of its parents’ marital status or family constitution; calls on the Member States to mutually recognise legal documents relating, for example, to marriage, with a view to guaranteeing free movement without discrimination on the grounds of the composition of the family;
Amendment 195 #
2016/2017(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to step up protection against discrimination and unlawful dismissal that particularly affect female workers related to work-life balance and to ensure access to justice and legal action;
Amendment 197 #
2016/2017(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to step up protection against discrimination and unlawful dismissal related to work-life balance and to ensure access to justice and legal action by increasing the amount of information on offer about workers’ rights and legal assistance, if required;
Amendment 200 #
2016/2017(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to invest in awareness raising events and putting the emphasis on transformative policies to modify behaviours and attitudes towards all types of leave in order to change mentalities and cultures both of businesses and societies and to ensure a more equal sharing of caring and domestic activities between women and men;
Amendment 251 #
2016/2017(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to adopt a post-2015 Gender Equality Strategy – as has been the case in previous periods, in order to ensure that work on gender equality is not made less of a priority – and to implement it through the European Semester, including the Annual Growth Survey and the country-specific recommendations;
Amendment 253 #
2016/2017(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to adopt a post-2015 Gender Equality Strategy and to implement it through the European Semester, including the Annual Growth Survey and the country-specific recommendations; calls on the Council, the Commission and the Member States to integrate a gender pillar into the Europe 2020 strategy;
Amendment 270 #
2016/2017(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission and the Member States to involve the social partners and civil society in gender equality policies; stresses the importance of collective agreements in combating discrimination and promoting equality between women and men at work, and of research and exchanges of good practices; calls on the Member States to carry out wage-mapping on a regular basis as a complement to efforts to incorporate the fundamental principle of equal pay for equal work, in keeping with Article 157 TFEU, dating back to 1957;
Amendment 389 #
2016/2017(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out the high levels of working poor throughout Europe, with people having to work more and longer, even combining several jobs, in order to earn a decent income; notes once again that women are over-represented when it comes to poverty and non-standard forms of employment, which gives rise to social and economic insecurity and contributes to economic dependence; calls on the Member States and social partners to develop measures ensuring adequate wages for all workers, and to close the gender pay gap;
Amendment 402 #
2016/2017(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises how important it is that work-life balance cannot be established by introducing precarious working conditions and increasing the number of non-standard forms of employment; points out that work-life balance must be based on workers’ rights and security on the labour market, and on the right to take time off without it being curtailed by increased mobility and flexibility requirements; stresses the fact that increased flexibility can result in an intensification of the labour market discrimination currently experienced by women – in the shape of lower wages, non-standard forms of employment and disproportionate responsibility for unpaid household tasks – if a clear gender mainstreaming approach is not taken beforehand;
Amendment 20 #
2016/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets that gender equality has not yet been reached, that, in many areas, no improvements are being made, and that women’s fundamental rights continue to be breached; stresses that women still suffer from discrimination as exemplified by their low representation in the decision- making process, both in the private and the public sectors, and by the persisting gender pay gap;
Amendment 35 #
2016/2009(INI)
Motion for a resolution
Citation 21 f (new)
Citation 21 f (new)
- having regard to the Council conclusions on LGBTI equality, adopted in on 16 June 2016,
Amendment 47 #
2016/2009(INI)
Motion for a resolution
Citation 27 f (new)
Citation 27 f (new)
- having regard to the European Commission's "List of Actions to advance LGBTI Equality" adopted in December 2015,
Amendment 67 #
2016/2009(INI)
Motion for a resolution
Citation 39 b (new)
Citation 39 b (new)
- having regard to its resolution of 3 February 2016 on the new Strategy for Women's Rights and Gender Equality in Europe post-201516a , __________________ 16a P8_TA(2015)0218
Amendment 79 #
2016/2009(INI)
Motion for a resolution
Citation 42 d (new)
Citation 42 d (new)
- having regard to the European Union Agency for Fundamental Rights' report "Being Trans in the EU Comparative analysis of the EU LGBT survey data" (2014), to its report on the Fundamental Rights Situation of Intersex people (2015) and to its report "Professionally speaking: challenges to achieving equality for LGBT people" (2016),
Amendment 80 #
2016/2009(INI)
Motion for a resolution
Citation 42 e (new)
Citation 42 e (new)
- having regard to the European Union Agency for Fundamental Rights' report 'Violence against women: An EU- wide survey',
Amendment 83 #
2016/2009(INI)
Motion for a resolution
Citation 42 h (new)
Citation 42 h (new)
- having regard to the European Institute for Gender Equality's 'Study to identify and map existing data and resources on sexual violence against women in the EU',
Amendment 106 #
2016/2009(INI)
Motion for a resolution
Citation 46 j (new)
Citation 46 j (new)
- having regard to the opinion of the Committee on Women's Rights and Gender Equality23a , __________________ 23a PE 585.437v02-00
Amendment 152 #
2016/2009(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to introduce gender mainstreaming in all areas of policy making and in all proposed legislation, including systematic gender impact assessments as part of the fundamental rights compliance assessment and as an integrated criterion in dialogue with, inter alia, countries which are candidates for accession; stresses once again the need for strong and comprehensive protection of EU citizens against discrimination and reiterates its position on the anti-discrimination directive, which is blocked within the Council;
Amendment 179 #
2016/2009(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas women and girls make up 80% of registered victims of trafficking in human beings, and this can be attributed partly to structural violence and discrimination against women and girls26a; __________________ 26aEurostat report, ‘Trafficking in human beings’, 2015 edition
Amendment 179 #
2016/2009(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls both on the EU institutions and on all Member States to work actively with gender mainstreaming, wage mapping and the fair division of parental leave; notes that social vulnerability and weak social inclusion stem from the fact that fewer women than men are in employment, and more women than men work part-time.
Amendment 197 #
2016/2009(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas equality between men and women is a fundamental principle of the European Union, and Articles 21 and 23 of the Charter of Fundamental Rights of the European Union prohibit any discrimination on grounds of sex and require equality between men and women to be ensured in all areas;
Amendment 216 #
2016/2009(INI)
Motion for a resolution
Recital H
Recital H
H. whereas children are the future of our society and we are responsible for their present; whereas education is one of the best ways to impart values such as peace, tolerance, equality, justice and respect for human drignityhts via formal, non-formal and informal education methods;
Amendment 333 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 t (new)
Paragraph 1 t (new)
1t. Calls on the Member States to ensure that women victims of gender- based persecution or harm, torture, rape, or other serious forms of psychological, physical or sexual violence have genuine access to international protection and to provide them with appropriate treatment and support, in line with internal rules and international obligations applicable to victims of violence such as the UN Convention against torture and the Istanbul Convention; calls on the Member States to follow the Commission guidelines for the implementation of Directive 2003/86/EC on the right to family reunification, including the immediate issue of a residence permit valid in its own right to family members who have entered for reasons of family reunification when there are particularly difficult circumstances, such as domestic violence;
Amendment 504 #
2016/2009(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Emphasises that the EU's legal and political framework recognises that trafficking is a gender-specific phenomenon, and calls on Member States to adopt gender-specific measures; recalls that Article 1 of the Directive stresses the need to adopt a gender-sensitive approach to trafficking in human beings; highlights that women and men, girls and boys are vulnerable in different ways, and are often trafficked for different purposes, and that prevention, assistance and support measures must therefore be gender-specific; points out, further, that the EU strategy identifies violence against women and gender inequalities as being among the root causes of trafficking, and lays down a series of measures to address the gender dimension of trafficking;
Amendment 524 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Recognises freedom of thought, conscience, religion, belief and non- belief, and freedom to practise the religion of one's choice and to change religion and freedom to manifest one's religion or belief, individually or in community with others, in public or private, through worship, observance, practice and teaching; condemns any form of discrimination on the grounds of religion or beliefs; calls on the Member States to protect freedom of religion or belief, including the freedom of those without a religion not to suffer discrimination as a result of excessive exemptions for religions from laws on equality and non- discrimination;
Amendment 551 #
2016/2009(INI)
Motion for a resolution
Paragraph 12 n (new)
Paragraph 12 n (new)
12n. Urges the EU and Member States to include multiple discrimination within equality policies;
Amendment 606 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the EU institutions and on the Member States to recognise that long-term investment in social inclusion is beneficial as it tackles the high cost of discrimination and inequality; calls on EU institutions and the Member States to ensure that access to justice and redressing discrimination are not put in danger by drastic funding cuts in equality bodies budgets; calls on EU and national institutions not to threaten social inclusion by budgetary measures threatening the survival of community- based organisations working for equality;
Amendment 610 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission and Member States to collect reliable and comparable equality data according to current data protection standards, in consultation with minority representatives, in order to measure inequalities and discrimination, disaggregated according to discrimination grounds, to monitor the impact of EU and Member States policies on them and to devise better policies to overcome those inequalities; calls on both institutions to define consistent equality data collection principles, based on self-identification, EU data protection standards and the consultation of the relevant communities;
Amendment 611 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on the Commission to address a recommendation to the Member States in order to support equality data collection in the EU;
Amendment 622 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 h (new)
Paragraph 15 h (new)
15h. Urges the EU and the Member States to combat and prosecute all forms of violence and discrimination against women; calls on the Member States in particular to deal effectively with the effects of domestic violence and sexual exploitation in all its forms, including that of refugees and migrant children, and early or forced marriage; calls on Member States to exchange best practices among each other and to provide regular trainings for police and judicial staff on new forms of violence against women, such as stalking, cyber-harassment or revenge porn;
Amendment 623 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 i (new)
Paragraph 15 i (new)
15i. Expresses concern about the extent and forms of violence against women in the EU, as documented by the FRA's EU-wide survey which showed that one in three women have experienced physical and/or sexual violence since the age of 15, and that an estimated 3,7 million women in the EU experience sexual violence over the period of one year;
Amendment 629 #
2016/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights that improvements are still neededCalls therefore on the Commission and the Member States to review existing legislation and to keep the issue of violence against women high on the agenda, as gender-based violence should not be tolerated; regrets the fact that improvements to combat violence against women, andre made at an excessively slow pace; calls on the Member States and the EU to sign and ratify immediately the Istanbul Convention following the launch of the procedure by the Commission in March 2016;
Amendment 671 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on Member States to ensure respect for and safeguarding of women's sexual and reproductive health and rights; insists on the role of the Union in awareness-raising and promoting best practices on this issue, given that health is a fundamental human right essential to the exercise of other human rights; urges the Commission to include sexual and reproductive health and rights, as basic human rights, in its EU Health Strategy in order to ensure coherence between the EU's internal and external fundamental rights policy as called for by Parliament on 10 March 2015;
Amendment 686 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18 d. Is deeply concerned with the decision of local authorities in France to ban certain types of swimwear mostly worn by Muslim women and the comments made by politicians in other Member States in this regard; condemns institutionalising racial profiling and anti-Muslim sentiments in such way; calls on Member States and local governments to respect women's choices in terms of their attire and overturn such bans; calls on Member States to foster inter-cultural and inter-religious dialogues that are inclusive to hear the voices of all women in decisions impacting them;
Amendment 687 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18 e. Recalls that poverty in old age is especially concerning in the case of women, due to the continued gender pay gap resulting in the gender pension gap; calls on Member States to draw up appropriate policies to support elderly women and to eliminate the structural causes of gender differences in compensation;
Amendment 693 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 k (new)
Paragraph 18 k (new)
18 k. Calls on the Commission to review the Council Framework Decision on combatting certain forms and expressions of racism and xenophobia so that hate crimes and violence against LGBTI persons are also covered by this rule; urges the Commission to carefully monitor and enforce LGBTI-relevant legislative provisions, such as the Directive on Equal Treatment in Employment and Occupation and the Directives on Gender Equality in access to goods and services and employment, which also protect trans-gender people from discrimination (based on the EUCJ extension of the sex/gender characteristics), but also the Victims Right Directive; calls on the Commission to provide interpretation guidelines in order to make clear for national authorities that sexual identity is fully covered by the said legislation; calls on the Commission to use the tools available, including infringement procedures to enforce legislation relevant to LGBTI persons;
Amendment 713 #
2016/2009(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation 'Investing in children: breaking the cycle of disadvantage' through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children's participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
Amendment 716 #
2016/2009(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Commission to consider launching a Child Guarantee to combat child poverty and social exclusion; supports the inclusion of free access to healthcare, education, childcare facilities, adequate housing and quality nutrition in the Child Guarantee;
Amendment 726 #
2016/2009(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Highlights that violent punishment is the most common form of violence against children and that putting an end to it is fundamental for creating peaceful, non-violent and rights-respecting societies; Welcomes the European commission's efforts towards elimination of corporal punishment of children;
Amendment 727 #
2016/2009(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a multi-stage system in child protection based on the best intereson the Member States that yet have not done so to prohibit all forms of corporal punishment in line with their obligations in the Convention on the Rights of the cChild, which should not be designed to punish parents and care-givers, but (article 19) and in line with the Sustainable Development Agenda 2030 target 16.2, to send a clear message that all forms of physical and emotional violence againstll violence against children; Urges all Member States to conduct public education and awareness raising campaigns on children's rights to protection together and the promotion of positive, non-violent relationships with children, are unacceptable, and in which the separation of the child from the family would be the very last steps well as to adopt indicators that specifically cover prohibition and elimination of violent punishment to support achievement of Sustainable Development Goals target 16.2;
Amendment 767 #
2016/2009(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on the Member States to fully implement the asylum package and register children upon their arrival in order to ensure their inclusion in child protection systems; calls on the Member States to increase information sharing in order to better protect migrant children in Europe;
Amendment 820 #
2016/2009(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses that persons with disabilities are entitled to enjoy their fundamental rights on an equal basis with others, including the rights to inalienable dignity, independent living, autonomy and full social integration, sexual and reproductive health and rights and family; notes that a human rights-based approach to disability is not yet fully endorsed, and urges the EU and its Member States to intensify efforts to align their legal frameworks with CRPD requirements and to effectively include persons with disabilities in society;
Amendment 824 #
2016/2009(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Council to urgently adopt the 2008 proposal for a Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation;
Amendment 825 #
2016/2009(INI)
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Regrets the fact that EU funds earmarked for integration measures for persons living with disabilities are still used to renovate big institutions instead, despite the commitment of the EU and its Member States to de-institutionalisation; calls on the Commission to closely monitor the utilisation of the funds and take action where necessary;
Amendment 843 #
2016/2009(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Calls on Member States to provide accessible solutions to refugees with disabilities;
Amendment 883 #
2016/2009(INI)
Motion for a resolution
Paragraph 39 c (new)
Paragraph 39 c (new)
39 c. Regrets that in the application of the Racial Equality Directive there are still shortcomings, including in the area of awareness of rights and access to justice;
Amendment 895 #
2016/2009(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on Member States, in the light of the Commission’'s Report on the implementation of the EU Framework for National Roma Integration Strategies 2015, to fully and rapidly implement their own national Roma Strategy and to put in place specific measures to fight antigypsyism and ethnic discrimination against Roma in line with the Racial Equality Directive provisions, and to combat anti-Ggypsyism in line with the Framework Decision on Racism and Xenophobia;
Amendment 937 #
2016/2009(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes that civil society organisations, including volunteering and youth work, play a key role in social participation and calls on the EU and the Member States to support and to promote their work; regrets that in Hungary, Poland and Lithuania there are on-going smear campaigns against NGOs; calls on Member States and EU to provide for adequate public investment in the work of NGOs, including equality bodies;
Amendment 92 #
2016/0398(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Where following the consultation the Commission still has concerns about the compliance with Directive 2006/123/EC of the notified draft measure, it may alerturge the notifying Member State, giving it the opportunity to bring its draft measure into conformity with EU law. That alert should include an explanation of the legal concerns identified by the Commission. Reception of such an alert entails that the notifying Member State shall not adopt the notified measure for three months.
Amendment 108 #
2016/0398(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To ensure the efficiency, effectiveness and coherence of the notification procedure, the Commission should retain the power to adopt DRecisommendations requiring the Member State in question to refrain from adopting notified measures or, if already adopted, to repeal them, where they violate Directive 2006/123/ECbring the matter before the Court of Justice of the European Union pursuant to Article 258 TFEU.
Amendment 203 #
2016/0398(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Before the closure of the consultation period referred to in Article 5(2), the Commission may alert the notifying Member State of its concerns about the compatibility with Directive 2006/123/EC of the draft measure notified and of its intention to adopt a DRecisommendation referred to in Article 7.
Amendment 273 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) contribute to the reduction of the risk of a large-scale irregular inflow ofneed for third-country nationals and stateless persons in need of international protection to travel irregularly to the territory of the Member States;
Amendment 276 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) contribute to international resettlement initiatives, thereby increasing the overall number of resettlement places available in the Member States.
Amendment 279 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
In determining the regions or third countries from which resettlement shall occur within the Union Resettlement Framework, in accordance with the implementingdelegated acts referred to in Articles 7 and 8, the following factors shall be taken into consideration:
Amendment 285 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) The number of vulnerable third- country nationals or stateless persons who are in need of international protection, especially those in protracted refugee situations;
Amendment 294 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 330 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii – point i (new)
Article 5 – paragraph 1 – point a – point ii – point i (new)
(i) third-country nationals or stateless persons with a right to international protection who are outside the country of nationality and are not able to integrate in the host country or to return to the country of nationality and for whom no durable solutions are available, especially those in protracted refugee situations;
Amendment 352 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii – introductory part
Article 5 – paragraph 1 – point b – point ii – introductory part
(ii) family members of third-country nationals or stateless persons or Union citizens legally residing in a Member State, only if other legal alternatives, such as family reunification under Council Directive 2003/86/EC, do not apply:
Amendment 387 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) persons for whom there are reasonable grounds for considering that they are a danger to the community, public policy, security, or public health or the international relations of the Member State examining the resettlement file, including where a second Member State has required the Member State examining the resettlement file to consult that second Member State during the examination in relation to specific third- country nationals or stateless persons or specific categories of third-country nationals or stateless persons, that second Member State has justifiably objected to their resettlement on these grounds, stipulated in a reasoned opinion;
Amendment 428 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the maxinimum totalarget number of persons to be resettled to the Member States in total;
Amendment 439 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission shall adopt implementing actsdelegated acts in accordance with Article 14, supplementing this Regulation, in order to establishing targeted Union resettlement schemes consistent with the annual Union resettlement plan adopted pursuant to Article 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2), in accordance with paragraph 2.
Amendment 444 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the precise number of persons to be resettled from the maximum totaltotal target number as set out in the annual Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;
Amendment 474 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
After third-country nationals and stateless persons have been identified by UNHCR, according to UNHCR priorities and vulnerable categories, and referred to the Member States for resettlement, the Member States shall assess whether the third-country nationals or the stateless persons referred to in paragraph 2 meet the eligibility criteria set out in Article 5 and whether they are not excluded in accordance with Article 6(1).
Amendment 647 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. No later than 30 days after international protection has been granted, a residence permit shall be issued using the uniform format as laid down in Regulation (EC) No 1030/2002. A residence permit shall be of a duration of at least 5 years. Member States shall have the possibility to set longer duration for residence permits in national law. Temporary permits shall be renewable.
Amendment 652 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
Amendment 663 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
Amendment 147 #
2016/0222(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘applicant with special reception needs’: means an applicant who is in need of special guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive, such as applicants who are minors, unaccompanied minors, disabled people, impaired persons, lesbian, gay, bisexual, trans- and intersex persons, elderly people, pregnant women, single parents with minor children, victims of human trafficking, persons with serious illnesses, persons with mental disorders, including post-traumatic stress disorder (PTSD) and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual or gender-based violence, such as victims of female genital mutilation.
Amendment 153 #
2016/0222(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 155 #
2016/0222(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States may introduce or retain more favourable provisions as regards reception conditions for applicants and their depending close relatives who are present in the same Member State, or for humanitarian reasons, insofar as these provisions are compatible with this Directive.
Amendment 179 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shall where necessarmay decide on the residence of an applicant in a specific place for any of the following reasons:
Amendment 206 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where there are reasons for considering that there is a risk that an applicant may abscond, Member States shallmay, where necessary and proportionate, require the applicant to report to the competent authorities, or to appear before them in person, either without delay or at a specified time as frequently as necessary to effectively prevent the applicant from absconding. Such a decision shall be taken in writing and be subject to judicial review. Such judicial review shall be carried out ex-officio if it is maintained for a period of longer than two months.
Amendment 228 #
2016/0222(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant or on sole basis of an applicants' nationality.
Amendment 307 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 346 #
2016/0222(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Language courses Member States shall provide applicants effective access to language courses free of charge from the date when the application for international protection was made.
Amendment 365 #
2016/0222(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. When assessing the resources of an applicant, when requiring an applicant to cover or contribute to the cost of the material reception conditions or when asking an applicant for a refund in accordance with paragraph 4, Member States shall observefully respect the principle of proportionality. Member States shall also take into account the individual circumstances of the applicant and the need to respect his or her dignity or personal integrity, including the applicant's special reception needs. Member States shall in all circumstances ensure that the applicant is provided with a standard of living which guarantees his or her subsistence and protects his or her physical and mental health.
Amendment 449 #
2016/0222(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall take into account the specific situation of applicants with special reception needs, as defined in Article 2, in the national law implementing this Directive. Member States shall systematically assess whether the applicant is an applicant with special reception needs. Member States shall also indicate the nature of such needs. Member States shall also ensure that applicants can indicate themselves that they have special needs and that these indications are assessed. That assessment shall be integrated into the assessment referred to in [the Asylum Procedures Regulation], which may take place within existing national procedures. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 457 #
2016/0222(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
That assessment shall be initiated as early as possible, and no later than 30 days, after an application for international protection is made and may be integrated into existing national procedures or into the assessment referred to in Article [19] of Regulation (EU) No XXX/XXX [Procedures Regulation]. Member States shall ensure that those special reception needs are also addressed, in accordance with this Directive, if they become apparent at a later stage in the asylum procedure.
Amendment 486 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
Member States shall as soon as possible and no later than five working days from the moment when an unaccompanied minor makes an application for international protection take measures to ensure that a guardian represents and assists the unaccompanied minor to enable him or her to benefit from the rights and comply with the obligations provided for in this Directive. The guardian appointed in accordance with Article [22] of Regulation (EU) No XXX/XXX [Procedures Regulation] may perform those tasks. The unaccompanied minor shall be informed immediately of the appointment of the guardian. Where an organisation is appointed as guardian, it shall designate a person responsible for carrying out the duties of guardian in respect of the unaccompanied minor, in accordance with this Directive. The guardian shall perform his or her duties in accordance with the principle of the best interests of the child, as prescribed in Article 22 (2), shall have the necessary qualifications and expertise to that end and shall not have a verified record of child- related crimes or offences. In order to ensure the minor’s well-being and social development referred to in Article 22 (2)(b), the person acting as guardian shall be changed only when necessary. Organisations or individuals whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be appointed as guardians.
Amendment 489 #
2016/0222(COD)
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Member States shall ensure that a guardian is not placed in charge of a disproportionalimited number of not more than 20 unaccompanied minors at the same time that would render him or her uno ensure that the guardian is able to perform his or her tasks effectively. Member States shall appoint entities or persons responsible for monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall also have the competence to review complaints lodged by unaccompanied minors against their guardian. To this end, unaccompanied minors shall be given information in a child-friendly manner and in a language they understand, about who these entities or persons are and how to file complaints against their guardians in confidence and safety.
Amendment 500 #
2016/0222(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Those working with victims of gender-based harm, torture, rape or other serious acts of violencepsychological, physical or sexual violence, including health professionals in charge of implementing paragraph 1, shall have had and shall continue to receive appropriate training concerning their needs and appropriate rehabilitation methods, and shall be bound by the confidentiality rules provided for in national law and professional ethics codes, in relation to any information they obtain in the course of their work.
Amendment 25 #
2016/0182(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The evaluation of the pilot project and the subsequent preparatory action carried out in 2015 concluded that the policy objectives have been generally achieved. Finance Watch and Better Finance have been working on complementary policy areas and targeted different audiences. Together they have covered, through their activities, most of the Union financial political agenda since 2012. Both organizations have successfully worked, as much as their resources have allowed, to expand their activity in order to have wide geographical coverage within the EU.
Amendment 29 #
2016/0182(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Both organisations provided added value both to the sum of activities of their national members and to Union consumers in a way that national consumer advocacy groups were unable to deliver. National organisations dealing with all kinds of consumers' issues lack technical expertise in policy areas related to financial services and the related European policy-making process. In addition, no other similar organisations have been identified at Union level so far. The evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012, which tends to shows that no other organisation is currently able to carry out similar Union- wide activities.
Amendment 30 #
2016/0182(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) However, despite regular efforts, both organisations did not manage to attract stable and significant funding from other donors, independent from the financial industry, and, therefore, remain heavily dependent on Union funding. Co- funding from the Union is therefore necessary to ensure the resources needed to achieve the desired policy objectives in the coming years, providing financial stability to those organisations and their experts and administrative staff who have so far managed to start-up their relevant activities in a short period of time. It is therefore necessary to establish a Union programme for the period 2017-2020 to support the activities of Finance Watch and Better Finance ('Programme'). Financial stability is of key importance to preserve the expertise, as well as for project planning for both organizations.
Amendment 36 #
2016/0182(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) awareness, research and dissemination activities, including to a wide audience of non-experts;
Amendment 46 #
2016/0182(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Finance Watch and Better Finance, as the only organizations able to carry out objectives set out in Article 2, shall be beneficiaries of the Programme (‘beneficiaries’).
Amendment 49 #
2016/0182(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In order to benefit from the Programme, these beneficiaries shall remain non-governmental, non-profit- making legal entities, independent of industry, commerce or business. They shall have no other conflicting interests and represent through their members the interests of Union consumers and other end-users in the field of financial services. They should liaise with national consumer organisations working on financial services, where they exist and in line with their resources. The Commission shall ensure continued compliance with these criteria for the duration of the Programme by including them in the annual work programmes referred to in Article 7 and by assessing annually whether the beneficiaries meet these criteria before awarding the action grants referred to in Article 4.
Amendment 61 #
2016/0182(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. No later than twelve months before the end of the Programme, the Commission shall submit to the European Parliament and the Council an evaluation report on the achievement of the Programme's objectives. That report shall appraise the overall relevance and added value of the Programme, the effectiveness and efficiency of its execution, the adequacy of the funding against the tasks identified in this regulation and the overall and individual effectiveness of the beneficiaries' performance in terms of achievements of the objectives set out in Article 2.
Amendment 86 #
2016/0152(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In order to realise the objective of ensuring good functioning of the internal market, as an area without internal frontiers in which the free movement of inter alia goods and services is ensured, it is not sufficient to abolish, as between Member States, only State barriers. Such abolition can be undermined by private parties putting in place obstacles inconsistent with internal market freedoms. That occurs where traders operating in one Member State block or limit the access to their online interfaces, such as websites and apps, of custoonsumers from other Member States wishing to engage in cross-border commercial transactions (a practice known as geo-blocking). It also occurs through other actions by certain traders involving the application of different general conditions of access to their goods and services with respect to such custoonsumers from other Member States, both online and offline. Whereas there may sometimes be objective justifications for such differential treatment, in other cases traders deny consumers wishing to engage in cross- border commercial transactions access to goods or services, or apply different conditions in this regard, for purely commercialunjustified reasons.
Amendment 92 #
2016/0152(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In this manner certain traders artificially segment the internal market along internal frontiers and hamper the free movement of goods and services, thus restricting the rights of custoonsumers and preventing them from benefitting from a wider choice and optimal conditions. Such discriminatory practices are an important factor contributing to the relatively low level of cross-border commercial transactions within the Union, including in the sector of electronic commerce, which prevents the full growth potential of the internal market from being realised. Clarifying in which situations there can be no justification for differential treatment of this kind should bring clarity and legal certainty for all participants in cross-border transactions and should ensure that rules on non-discrimination can be effectively applied and enforced across the internal market.
Amendment 93 #
2016/0152(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to Article 20 of Directive 2006/123/EC of the European Parliament and of the Council17 , Member States are to ensure that service providers established in the Union do not treat recipients of services differently on the basis of their nationality or place of residence. However, that provision has not been fully effective in combatting discrimination and it has not sufficiently reduced legal uncertainty, particularly because of the possibility to justify the differences in treatment for which it allows and the corresponding difficulties in enforcing it in practice. Moreover, geo-blocking and other forms of discrimination based on nationality, or place of residence or place of establishment can also arise as a consequence of actions by traders established in third countries, which fall outside the scope of that Directive. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 102 #
2016/0152(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation aims at preventing unjustified discrimination based on customers' nationality, place of residence or place of establishment, including geo- blocking, in cross-border commercial transactions between traders and customers relating to the sales of goods and the provision of services within the Union. It seeks to address direct as well as indirect unjustified discrimination, thus also covering unjustified differences of treatment on the basis of other distinguishing criteria which lead to the same result as the application of criteria directly based on custoonsumers' nationality, or place of residence or place of establishment. Such other criteria can be applied, in particular, on the basis of information indicating the physical location of custoonsumers, such as the IP address used when accessing an online interface, the address submitted for the delivery of goods, the choice language made or the Member State where the custoonsumer's payment instrument has been issued.
Amendment 117 #
2016/0152(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Considering that some regulatory and administrative barriers for traders have been removed across the Union in certain services sectors as a result of the implementation of Directive 2006/123/EC, in terms of material scope, consistency should be ensured between this Regulation and Directive 2006/123/EC. As a consequence, the provisions of this Regulation should apply inter alia to non- audio-visual electronically supplied services, the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, subject however to the specific exclusion provided for in Article 4 and the subsequent evaluation of that exclusion as provided for in Article 9. Audio-visual services, including services the main feature of which is the provision of access to broadcasts of sports events and which are provided on the basis of exclusive territorial licenses, are excluded from the scope of this Regulation. Access to retail financial services, including payment services, should therefore also be excluded, notwithstanding the provisions of this Regulation regarding non-discrimination in payments.
Amendment 131 #
2016/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not affect acts of Union law concerningintroduce additional rules on judicial cooperation in civil matters, notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in Regulations (EC) No 593/2008 of the European Parliament and of the Council24 and (EU) 1215/2012 of the European Parliament and of the Council25 , including the application of those acts and provisions in individual cases. In particular, the mere fact that a trader acts in accordance with the provisions of this Regulation should not be construed as implying that he directs his activities to the consumer's Member State for the purpose of such application. __________________ 24 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) (OJ L 177, 4.7.2008, p. 6). 25 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
Amendment 137 #
2016/0152(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The mere fact that a trader acts in accordance with the provisions of this Regulation should not be interpreted as a sign that he is directing his activities to the Member State of the consumer within the meaning of Regulation (EC) No 593/2008 and Regulation (EU) No 1215/2012, in accordance with the well established case-law of the Court of Justice of the European Union.
Amendment 140 #
2016/0152(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) Where applicable, rules on precontractual information, the right of withdrawal, its exercise and its effects, delivery, and the passing of risk should be governed by Directive 2011/83/EU of the European Parliament and of the Council1a. _______________ 1aDirective 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
Amendment 142 #
2016/0152(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The discriminatory practices that this Regulation seeks to address typically take place through general terms, conditions and other information set and applied by or on behalf of the trader concerned, as a precondition for obtaining access to the goods or services in question, and that are made available to the public at large. Such general conditions of access include inter alia prices, payment conditions and delivery conditions. They can be made available to the public at large by or on behalf of the trader through various means, such as information published in advertisements, on websites or pre-contractual or contractual documentation. Such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the custoonsumer. Terms and conditions that are individually negotiated between the trader and the custoonsumers should not be considered general conditions of access for the purposes of this Regulation.
Amendment 145 #
2016/0152(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 155 #
2016/0152(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The effects for custoonsumers and on the internal market of unjustified discriminatory treatment in connection to commercial transactions relating to the sales of goods or the provision of services within the Union are the same, regardless of whether a trader is established in a Member State or in a third country. Therefore, and with a view to ensuring that competing traders are subject to the same requirements in this regard, the measures set out in this Regulation should apply equally to all traders operating within the Union.
Amendment 158 #
2016/0152(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to increase the possibility for custoonsumers to access information related to the sales of goods and the provision of services on the internal market and to increase transparency, including with respect to prices, traders should not, through the use of technological measures or otherwise, prevent custoonsumers from having full and equal access to online interfaces on the basis of their nationality, or place of residence or place of establishment. Such technological measures can encompass, in particular, any technologies used to determine the physical location of the custoonsumer, including the tracking of that by means of IP address, coordinates obtained through a global navigation satellite system or data related to a payment transaction. However, that prohibition of discrimination with respect to access to online interfaces should not be understood as creating an obligation for the trader to engage in commercial transactions with custoonsumers.
Amendment 165 #
2016/0152(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Certain traders operate different versions of their online interfaces, targeting custoonsumers from different Member States. While this should remain possible, redirecting a custoonsumer from one version of the online interface to another version without his or her prior explicit consent should be prohibited. All versions of the online interface should remain easily accessible to the custoonsumer at all times.
Amendment 171 #
2016/0152(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In certain cases, blocking, limiting of access or redirection without the custoonsumer's consent to an alternative version of an online interface for reasons related to the custoonsumer's nationality, or place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law. Such laws can limit custoonsumers's access to certain goods or services, for instance by prohibiting the display of specific content in certain Member States. Traders should not be prevented from complying with such requirements and thus be able to block, limit the access or redirect certain custoonsumers or custoonsumers in certain territories to an online interface, insofar as that is necessary for that reason.
Amendment 193 #
2016/0152(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Finally, in the situation where the trader provides services and those services are received by the custoonsumer in the premises of or at a location chosen by the trader and different from the Member State of which the custoonsumer is a national or in which the custoonsumer has his or her place of residence or place of establishment, the application of different general conditions of access for reasons related to such criteria should not be justified either. Those situations concern, as the case may be, the provision of services such as hotel accommodation, sport events, car rental, and entry tickets to music festivals or leisure parks. In those situations, the trader does not have to register for VAT in another Member State nor arrange for cross-border delivery of goods.
Amendment 204 #
2016/0152(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Traders falling under the special scheme provided in Chapter 1 of Title XII of Council Directive 2006/112/EC27 are not required to pay VAT. For those traders, when providing electronically supplied services, the prohibition of applying different general conditions of access for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer would imply a requirement to register in order to account for VAT of other Member States and might entail additional costs, which would be a disproportionate burden, considering the size and characteristics of the traders concerned. Therefore, those traders should be exempted from that prohibition for such time as such a scheme is applicable. __________________ 27 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1–118)
Amendment 211 #
2016/0152(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In all those situations, traders may in some cases be prevented from selling goods or providing services to a certain custoidentified group of consumers or to custoonsumers in certain territories, for reasons related to the nationality, or place of residence or place of establishment of the custof the consumer, as a consequence of a specific prohibition or a requirement laid down in Union law or in the laws of Member States in accordance with Union law. Laws of Member States may also require, in accordance with Union law, traders to respect certain rules on the pricing of books. Traders should not be prevented from complying with such laws in as far as necessary.
Amendment 236 #
2016/0152(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) With a view to facilitating the effective enforcement of the rules laid down in this Regulation, the mechanisms to ensure cross-border cooperation among competent authorities provided for in Regulation (EC) No 2006/2004 of the European Parliament and of the Council30 should also be available in relation to those rules. However, as Regulation (EC) No 2006/2004 only applies with respect to laws that protect consumers' interests, those measures should be available only when the customer is a consumer. Regulation (EC) No 2006/2004 should therefore be amended accordingly. __________________ 30 Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (OJ L 364, 9.12.2004, p. 1).
Amendment 240 #
2016/0152(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Traders, public authorities and other interested parties should have sufficient time to adapt to, and ensure compliance with, the provisions of this Regulation. In light of the particular characteristics of electronically supplied services, other than services the main feature of which is the provision of access to and use of copyright protected works or other protected subject matter, it is appropriate to apply the prohibition of Article 4(1)(b) only from a later date with respect to the provision of those services.
Amendment 241 #
2016/0152(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to achieve the objective of effectively addressing direct and indirect unjustified discrimination based on the nationality, or place of residence or place of establishment of custof consumers, it is appropriate to adopt a Regulation, which directly applies in all Member States. This is necessary in order to guarantee the uniform application of the non- discrimination rules across the Union and their entering into force at the same time. Only a Regulation ensures the degree of clarity, uniformity and legal certainty which is necessary in order to enable custoonsumers to fully benefit from those rules.
Amendment 245 #
2016/0152(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Since the objective of this Regulation, namely the prevention of direct and indirect unjustified discrimination based on nationality, or place of residence or place of establishment of custof consumers, including unjustified geo- blocking, in commercial transactions with traders within the Union, cannot be sufficiently achieved by Member States, due to the cross-border nature of the problem and the insufficient clarity of the existing legal framework, but can rather, by reason of its scale and potential effect on trade in the internal market 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 249 #
2016/0152(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) This Regulation respects fundamental rights and observes the principle recognised in the Charter of Fundamental Rights of the European Union. In particular this Regulation seeks to ensure full respect of Articles 16, 17, 21 and 1738 thereof,
Amendment 256 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation seeks to contribute to the proper functioning of the internal market by preventing unjustified discrimination based, directly or indirectly, on the nationality, or place of residence or place of establishment of custof consumers.
Amendment 263 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) where the trader sells goods, provides services, or seeks to do so, in a Member State other than the Member State in which the custoonsumer has the place of residence or the place of establishment;
Amendment 268 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) where the trader sells goods, provides services, or seeks to do so, in the samea Member State, as the one in which the customer has the place of residence or place of establishment, but the custond the consumer is a national of another Member State;
Amendment 274 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) where the trader sells goods or provides services, or seeks to do so, in a Member State in which the custoonsumer is temporarily located without residing in that Member State or having the place of establishment in that Member State.
Amendment 279 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation does not apply to purely internal situations which have no extraneous elements.
Amendment 283 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Regulation shall be without prejudice to the applicable rules on copyright and related rights, in particular Directive 2001/29/EC of the European Parliament and of the Council1a. _______________ 1aDirective 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).
Amendment 293 #
2016/0152(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation shall not affect acts ofbe without prejudice to the applicable Union law concerning judicial cooperation in civil matters. CThe mere compliance with this Regulation shall not be construed as implying that a trader directs his or her activities to the Member State where the consumer has the habitual residence or domicile within the meaning of point (b) of Article 6(1) of Regulation (EC) No 593/2008 and point (c) of Article 17(1) of Regulation (EU) 1215/2012. In particular, where a trader, acting in accordance with Articles 3, 4 and 5, does not block or restrict consumer access to his on-line interface, does not redirect him or her to a different version of his on-line interface to which the consumer has sought access originally, irrespective of his or her nationality or place of residence, does not apply different general conditions of access in situations provided for by this Regulation, that trader cannot be regarded, solely on these grounds, as directing its activities to the Member State in which the consumer has his or her habitual residence or domicile.
Amendment 300 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
Amendment 304 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) 'general conditions of access' means all terms, conditions and other information, including net sale prices, regulating the access of custoonsumers to goods or services offered for sale by a trader, which are set, applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the custoonsumer;
Amendment 309 #
2016/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) 'online interface' means any software, including all or part of a website and applications, operated by or on behalf of a trader, which serves to give custoonsumers access to the trader's goods or services with a view to engaging in a commercial transaction with respect to those goods or services;
Amendment 316 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The traders shall not, through the use of technological measures or otherwise, block or limit custoonsumers' access to their online interface for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer.
Amendment 319 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
The traders shall not, for reasons related to the nationality, place of residence or place of establishment of the customer, redirect custo redirect the consumers to a version of theirits online interface that is different from the online interface which the custoonsumer originally sought to access, by virtue of its layout, use of language or other characteristics that make it specific to custoonsumers with a particular nationality, or place of residence or place establishment, unless the custoonsumer gives his or her explicit consent prior to such redirection.
Amendment 327 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
In the event of such redirection with the custoonsumer's explicit prior consent, the original version of the online interface the consumer originally sought to access shall remain easily accessible for that custoonsumer.
Amendment 332 #
2016/0152(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The prohibitions set out in paragraphs 1 and 2 shall not apply where the blocking, limitation of access or redirection with respect to certain custospecific group of consumers or to custoonsumers in certain territories is necessary in order to ensure compliance with a legal requirement in Union law or in the laws of Member States in accordance with Union law, to which the trader's activities apply.
Amendment 347 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The traders shall not apply different general conditions of access to theirits goods or services, for reasons related to the nationality, or place of residence or place of establishment of the custof the consumer, in the following situations:
Amendment 356 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) where the trader sells goods and those goods are not delivered cross-border to the Member State of the custoonsumer by the trader or on his or her behalf;
Amendment 359 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) where the trader provides electronically supplied services, other than services the main feature of which is the provision of access to andor use of copyright protected works or other protected subject matter, or sells copyright protected works or protected subject matter in an intangible form;
Amendment 367 #
2016/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) where the trader provides services, other than those covered by point (b), and those services are supplied to the custoonsumer in the premises of the trader or in a physical location where the trader operates, in a Member State other than that of which the custoonsumer is a national or in which the custoonsumer has the place of residencehis or ther place of restablishmentidence.
Amendment 384 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. The traders shall not, for reasons related to the nationality, or place of residence or place of establishment of the custoonsumer, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union, apply different conditions of payment for any sales of goods or provision of serviceswhen using credit transfers, direct debits or a card-based payment instrument of a specific payment brand and category, where:
Amendment 391 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 392 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the payee can requestidentity of the payer or the validity of the use of the payment instrument is verifiable by strong custoonsumer authentication by the payer pursuant to the Directive (EU) 2015/2366; and
Amendment 399 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the payments are in a currency that the payeetrader accepts.
Amendment 402 #
2016/0152(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The prohibition set out in paragraph 1 shall not preclude the traders's possibility to request charges for the use of a card- based payment instrument for which interchanges fees are not regulated under Chapter II of Regulation (EU) 2015/751 and for those payment services to which Regulation (EU) No 260/2012 does not apply. Those charges shall not exceed the direct costs borne by the trader for the use of the payment instrument.
Amendment 62 #
2016/0151(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure coherence and give certainty to businesses and Member States' authorities, the notion of "incitement to hatred" should, to the appropriate extent and where applicable to member states, be aligned to the definition in the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as "publicly inciting to violence or hatred". This should include aligning the grounds on which incitement to violence or hatred is based.
Amendment 63 #
2016/0151(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means. The different means of content descriptors should be clear enough to stipulate if the specific content may be of harm to minors.
Amendment 65 #
2016/0151(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co-regulatory codes of conduct are used to effectively reduceffectively ensure that the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines is reduced. Self-and co-regulation should contribute to this objective.
Amendment 71 #
2016/0151(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouraged to ensure that self- and co- regulatory codes of conduction are used to effectively limitend the exposure of children and minors to audiovisual commercial communications for alcoholic beverageproducts. Certain co- regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged and member states allowed to take further steps in drafting national guidelines, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverageproducts.
Amendment 72 #
2016/0151(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Given the potential harm caused by alcohol on all individuals and society as a whole, Member States should encourage to limit the exposure of products containing alcohol. As the rules applicable to tobacco prohibits advertisement of such products due to their harmful effects, the same rules should be applied for alcoholic products.
Amendment 77 #
2016/0151(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person's name, trade mark, image, activities or products. As such, for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers, sponsorship announcements can contain promotional references to the goods or services of the sponsor, while not being allowed to directly encouraginge the purchase of the goods and services. Sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement. The content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider's editorial independence.
Amendment 86 #
2016/0151(COD)
Proposal for a directive
Recital 19
Recital 19
(19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide, where practical and applicable, when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introduced.
Amendment 88 #
2016/0151(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to increase the flexibility for broadcaster while maintaining a high protection of consumers and viewers, specific time slots could be established where the admissible advertising are liberalised. By establishing certain time slots the consumer will be aware of the relevant rules regarding admissible advertising time and by so be able to make solid decisions. Having specific time slots in which the existing rules of 12 minutes per hour are not fixed the broadcasters are given more flexibility and could therefore adjust their advertisements more freely.
Amendment 92 #
2016/0151(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works, if such measures do not affect the services provided to the consumer, by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominencewithout affecting the principle of media pluralism.
Amendment 95 #
2016/0151(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
Amendment 108 #
2016/0151(COD)
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters in line with European and national legislation.
Amendment 129 #
2016/0151(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure coherence and give certainty to businesses and Member States' authorities, the notion of "incitement to hatred" should, to the appropriate extent and where applicable to Member States, be aligned to the definition in the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as "publicly inciting to violence or hatred". This should include aligning the grounds on which incitement to violence or hatred is based.
Amendment 134 #
2016/0151(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means. The different means of content descriptors should be clear enough to stipulate whether the specific content may be of harm to minors.
Amendment 148 #
2016/0151(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co-regulatory codes of conduct are used to effectively reduceffectively ensure that the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines is reduced. Self-regulation and co- regulation should contribute to this objective.
Amendment 149 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/13/EU
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) if a media service provider has its head office in one Member State but editorial decisions on the audiovisual media service are taken in another Member State, it shall be deemed to be established in the Member State where the majority of the workforce involved in the pursuit of the audiovisual media service activity operatesa significant part of the workforce involved in the pursuit of the audiovisual media service activity operates. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in each of those Member States, the media service provider shall be deemed to be established in the Member State where it has its head office. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in neither of those Member States, the media service provider shall be deemed to be established in the Member State where it first began its activity in accordance with the law of that Member State, provided that it maintains a stable and effective link with the economy of that Member State;;
Amendment 152 #
2016/0151(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouraged to ensure that self-regulation and co- regulatory codes of conduction are used to effectively limitend the exposure of children and minors to audiovisual commercial communications for alcoholic beverageproducts. Certain co- regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged and Member States should be allowed to take further steps in drafting national guidelines, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverageproducts.
Amendment 155 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
Amendment 156 #
2016/0151(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Given the potential harm caused by alcohol on all individuals and on society as a whole, Member States should be encouraged to limit the exposure of products containing alcohol. The rules applicable to tobacco products, which prohibit the advertisement of such products due to their harmful effects, the same rules should be applied to alcoholic products.
Amendment 158 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 4 – subparagraph 3
Article 3 – paragraph 4 – subparagraph 3
Where the Member State concerned does not provide the information requested within the period fixed by the Commission or where it provides incomplete information, the Commission shall take a decision that the measures taken by the Member State in accordance with paragraph 2 are incompatible with Union law. If the Commission decides that the measures are incompatible with Union law, the Member State shall put an end to the measures in question as a matter of urgency and no longer than within two weeks.
Amendment 159 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
6. Member States may, if the service provided by a media service provider gravely infringes upon the conditions laid down by point (a), (b) and (c) in paragraph 2 in urgent cases, derogate from the conditions laid down in points (b) and (c) of paragraph 3. Where this is the case, the measures shall be notified in the shortest possible time to the Commission and to the Member State which has jurisdiction over the media service provider, setting out the reasons for which the Member State considers that there is such urgency that derogating from those conditions is necessary.
Amendment 160 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Without prejudice to the Member State’s possibility of proceeding with the measures referred to in paragraph 6, the Commission shall examine the compatibility of the notified measures with Union law in the shortest possible time. Where it comes to the conclusion that the measures are incompatible with Union law, the Commission shall require the Member State concerned to refrain from taking any intended measures or urgently to put an end to those measures within shortest possible time.
Amendment 165 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) the Commission has decided within 2 months, after having consulted ERGA, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs 2 and 3 are correctly founded.
Amendment 168 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decide within 32 months following the notification provided for in point (a) of paragraph 4. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within 32 months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 170 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 1
Article 4 – paragraph 7 – subparagraph 1
Member States shall encourage co- regulation and self-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codesteps shall be such that they are broadly accepted by the main stakeholders inacting under the jurisdiction of the Member States concerned. The codes of conductsteps laid down shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions within the Member State's jurisdiction.
Amendment 181 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and applicable means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.;
Amendment 181 #
2016/0151(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person's name, trade mark, image, activities or products. As such, for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers, sponsorship announcements can contain promotional references to the goods or services of the sponsor, while not being allowed to directly encouraginge the purchase of the goods and services. Sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement. The content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider's editorial independence.
Amendment 187 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted;replaced by the following: 'Article 7 1. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) . 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.'
Amendment 194 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’s audience, of foods and, beverages and other products containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 200 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Those codesteps should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and, beverages and other products that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines. Those codesteps should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and, beverages and other products.
Amendment 203 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications for alcoholic beverageproducts. Those codesteps should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beveragproducts, for instance prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed through audiovisual media services.
Amendment 211 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/13/EU
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;;
Amendment 215 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;
Amendment 217 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) specific medicinal products or medical treatments available only on prescription in the Member State under whose jurisdiction the media service provider falls or in the Member State targeted by the media service provider.;
Amendment 218 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b a (new)
Article 11 – paragraph 4 – point b a (new)
(ba) alcoholic beverages and other alcoholic products or product placement from undertakings whose principal activity is the manufacture or sale of alcohol and other alcoholic products.
Amendment 218 #
2016/0151(COD)
Proposal for a directive
Recital 19
Recital 19
(19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide, where practical and applicable, when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introduced.
Amendment 221 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls, together with the measures mentioned above.;
Amendment 222 #
2016/0151(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to increase the flexibility for broadcasters while maintaining a high level of protection for consumers and viewers, specific time slots could be established where the permitted advertising is liberalised. By establishing certain time slots the consumer will be aware of the relevant rules regarding permitted advertising time and be able to make solid decisions. Having specific time slots in which the existing rules of 12 minutes per hour is not fixed the broadcasters are given more flexibility and could therefore adjust their advertising slots more freely.
Amendment 230 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure thatould encourage providers of on-demand audiovisual media services under their jurisdiction secure at least a 20%to provide a share of European works in their catalogue and ensure prominence of these works, provided that this do not affect the consumer negatively by altering the service provided in a way which was not agreed upon by the consumer.
Amendment 231 #
2016/0151(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works, if such measures do not affect the services provided to the consumer, by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominencewithout affecting the principle of media pluralism.
Amendment 236 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services established under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Any financial contribution shall comply with Union law, in particular with State aid rules.
Amendment 236 #
2016/0151(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Providers of on-demand audiovisual media services should be encouraged to promote the production and distribution of European works if their catalogues contain a share of European works and the viewing experience of the consumer is not affected by this.
Amendment 245 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 230 minutes.;
Amendment 251 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00a given clock hour shall not exceed 20 %.
Amendment 257 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
1a. An exception could be made to the rules laid down in paragraph 1, if a Member State and media service providers under their jurisdiction establishes a framework where a certain number of hours constitute "prime time". During these hours the proportion of commercial communication should not exceed 20% but not be restricted to each specific clock hour.
Amendment 258 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1b (new)
Article 23 – paragraph 1b (new)
1b. During the hours mentioned above as "prime time", Member States should be able to take concrete measures against audiovisual commercial communications for alcoholic products in order to protect vulnerable viewers and minors in particular. Such measures could be to prohibit audiovisual commercial communications during hours defined as "prime time".
Amendment 261 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
(c) product placements not in conflict with provisions laid down in Article 11, paragraph 4.;
Amendment 261 #
2016/0151(COD)
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters in accordance with Union and national law.
Amendment 265 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Amendment 267 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point a
Article 28a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, mental or moral development. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. These measures may include selecting the time of their availability, age verification tools or other technical measures;
Amendment 275 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 1 – point b
Article 28a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion or belief, disability, descent or national or ethnic origin.
Amendment 276 #
2016/0151(COD)
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, belief or disability, descent or national or ethnic origin.
Amendment 284 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – subparagraph 1
Article 28a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls. Video-sharing platform providers shall give viewers sufficient information about such content, preferably using a system of descriptors indicating the nature of the content.
Amendment 291 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point b
Article 28a – paragraph 2 – point b
(b) establishing and operating easy to use mechanisms for users of video-sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform;
Amendment 293 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 2 – point ba (new)
Article 28a – paragraph 2 – point ba (new)
(ba) the mechanism established according to point (b) shall be constituted by transparency and must inform the user of the video-sharing platform and publicly disclose the measures taken regarding the reported and/or flagged content.
Amendment 316 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 6
Article 28a – paragraph 6
6. Member States shall ensure that complaint and redress mechanisms are publicly disclosed and available for the settlement of disputes between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 324 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28a – paragraph 8
Article 28a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission may request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission mayshall give appropriate publicity to those codes of conduct.
Amendment 328 #
2016/0151(COD)
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure discoverability and accessibilityaccess to and appropriate prominence of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations. Such obligations should be proportionate and meet general interest objectives such as media pluralism, freedom of speech and cultural diversity clearly defined by Member States in conformity with Union law.
Amendment 434 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/13/EU
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) if a media service provider has its head office in one Member State but editorial decisions on the audiovisual media service are taken in another Member State, it shall be deemed to be established in the Member State where the majority of the workforce involved in the pursuit of the audiovisual media service activity operates;; a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in each of those Member States, the media service provider shall be deemed to be established in the Member State where it has its head office. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in neither of those Member States, the media service provider shall be deemed to be established in the Member State where it first began its activity in accordance with the law of that Member State, provided that it maintains a stable and effective link with the economy of that Member State;
Amendment 477 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
Amendment 498 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Where the Member State concerned does not provide the information requested within the period fixed by the Commission or where it provides incomplete information, the Commission shall take a decision that the measures taken by the Member State in accordance with paragraph 2 are incompatible with Union law. If the Commission decides that the measures are incompatible with Union law, the Member State shall put an end to the measures in question as a matter of urgency and no longer than within two weeks.
Amendment 502 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Member States may, if the service provided by a media service provider gravely infringes upon the conditions laid down by point (a), (b) and (c) in paragraph 2 in urgent cases, derogate from the conditions laid down in points (b) and (c) of paragraph 3. Where this is the case, the measures shall be notified in the shortest possible time to the Commission and to the Member State which has jurisdiction over the media service provider, setting out the reasons for which the Member State considers that there is such urgency that derogating from those conditions is necessary.
Amendment 508 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Without prejudice to the Member State’'s possibility of proceeding with the measures referred to in paragraph 6, the Commission shall examine the compatibility of the notified measures with Union law in the shortest possible time. Where it comes to the conclusion that the measures are incompatible with Union law, the Commission shall require the Member State concerned to refrain from taking any intended measures or urgently to put an end to those measures within shortest possible time.
Amendment 544 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) the Commission has decided within 2 months, after having consulted ERGA, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs 2 and 3 are correctly founded.
Amendment 549 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decide within 3 2 months following the notification provided for in point (a) of paragraph 4. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within 3 months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 555 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 1
Article 4 – paragraph 7 – subparagraph 1
Member States shall encourage co- regulation and self-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codesteps shall be such that they are broadly accepted by the main stakeholders inacting under the jurisdiction of the Member States concerned. The codes of conductsteps laid down shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions within the member state's jurisdiction.
Amendment 579 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and applicable means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.;
Amendment 611 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted; replaced by the following: 'Article 7 1. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.';
Amendment 617 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2010/13/EU
Article 7 a (new)
Article 7 a (new)
(10a) The following article is inserted: 'Article 7a 1. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.';
Amendment 638 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’'s audience, of foods and, beverages and other products containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 644 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Those codesteps should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and, beverages and other products that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines. Those codesteps should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and, beverages and other products.
Amendment 654 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications for alcoholic beverageproducts. Those codesteps should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beveragproducts, for instance prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed through audiovisual media services.
Amendment 671 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/13/EU
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;
Amendment 691 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
(b) they shall not directly encourage the purchase or rental of goods or services;
Amendment 700 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) specific medicinal products or medical treatments available only on prescription in the Member State under whose jurisdiction the media service provider falls or in the Member State targeted by the media service provider;
Amendment 701 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b a (new)
Article 11 – paragraph 4 – point b a (new)
‘(ba) alcoholic beverages and other alcoholic products or product placement from undertakings whose principal activity is the manufacture or sale of alcohol and other alcoholic products.’
Amendment 716 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 2
Article 12 – subparagraph 2
The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls, together with the measures mentioned above.
Amendment 728 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure thatould encourage providers of on-demand audiovisual media services under their jurisdiction secure at least a 20%to provide a share of European works in their catalogue and ensure prominence of these works, provided that this do not affect the consumer negatively by altering the service provided in a way which was not agreed upon by the consumer.
Amendment 744 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services established under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Any financial contribution shall comply with Union law, in particular with State aid rules.
Amendment 783 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 230 minutes.
Amendment 808 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00a given clock hour shall not exceed 20 %.
Amendment 814 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1 – point a (new)
Article 23 – paragraph 1 – point a (new)
‘1a. An exception could be made to the rules laid down in paragraph 1, if a Member State and media service providers under their jurisdiction establishes a framework where a certain number of hours constitute "prime time". During these hours the proportion of commercial communication should not exceed 20% but not be restricted to each specific clock hour.’
Amendment 816 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
‘1b. During the hours mentioned above as "prime time", Member States should be able to take concrete measures against audiovisual commercial communications for alcoholic products in order to protect vulnerable viewers and minors in particular. Such measures could be to prohibit audiovisual commercial communications during hours defined as "prime time’.
Amendment 828 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
(c) product placements not in conflict with provisions laid down in Article 11, paragraph 4;
Amendment 847 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point a
Article 28 a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, mental or moral development. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. These measures may include selecting the time of their availability, age verification tools or other technical measures;
Amendment 864 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b
Article 28 a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion or belief, disability, descent or national or ethnic origin.
Amendment 873 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 1
Article 28 a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls. Video-sharing platform providers shall give viewers sufficient information about such content, preferably using a system of descriptors indicating the nature of the content.
Amendment 892 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point b
Article 28 a – paragraph 2 – subparagraph 2 – point b
(b) establishing and operating easy to use mechanisms for users of video-sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform;
Amendment 893 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point b a (new)
Article 28 a – paragraph 2 – subparagraph 2 – point b a (new)
(ba) the mechanism established according to point (b) shall be constituted by transparency and must inform the user of the video-sharing platform and publicly disclose the measures taken regarding the reported and/or flagged content.
Amendment 936 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 6
Article 28 a – paragraph 6
6. Member States shall ensure that complaint and redress mechanisms are publicly disclosed and available for the settlement of disputes between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 950 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 8
Article 28 a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission mayshall request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission may give appropriate publicity to those codes of conduct.
Amendment 88 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and, efficiency, or as well as the quality and innovation of their goods and services.
Amendment 99 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' exclusive competence to set rules on remuneration in accordance with their law and practice. However, national rules on remuneration applied to posted workers must be justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of servnational law and practices.
Amendment 118 #
2016/0070(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive establishes a protective framework for posted workers, which is non-discriminatory, transparent and proportionate while respecting the diversity of national industrial relations. It does not prevent application of terms and conditions of employment which are more favourable to posted workers.
Amendment 128 #
2016/0070(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) With a view to tackling abuses in subcontracting situations and in order to protect posted workers' rights, Member States should ensure, in accordance with national law and practices that posted workers receive all entitlements.
Amendment 192 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of this Directive, remuneration means all the elements of remuneration rendered mandatory by national law, regulation or administrative provision, collective agreements or arbitration awards which have been declared universally applicable and/or, in the absence of a system for declaring collective agreements or arbitration awards to be of universal application, other collective agreements or arbitthe concept of remuneration shall be determined by the national law and/or praction awards within the meaning of paragraph 8 second subparagraph, ince of the Member State to whose territory the worker is posted.
Amendment 223 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Directive 96/71/EC
Article 3 – paragraph 7 a (new)
Article 3 – paragraph 7 a (new)
(ca) The following paragraph is added: "7a. This Directive shall not affect the exercise of fundamental rights as recognised in Member States and at Union level, including the right or freedom to strike or to take other action covered by the specific industrial relations systems in Member States in accordance with national law and practice. This Directive shall not affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practice."
Amendment 231 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 96/71/EG
Article 3 – paragraph 10
Article 3 – paragraph 10
(e) The second subparagraph of paragraph 10 is deleted. “Paragraph 10 is amended as follows: "10. This Directive shall not preclude the application by Member States, in complior, in accordance with the Treatypractice in the Member State, by management and labour, to national undertakings and to the undertakings of other States, on a basis of equality of treatment, of: - terms and conditions of employment on matters other than those referred to in the first subparagraph of paragraph 1 in the case of social and public policy provisions, - terms and conditions of employment laid down in the collective agreeincluding provisions which are appropriate to the attainments or arbitration awards within the meaning of paragraph 8 and concerning activities other than those referred to in the Annex.” (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0071:en:HTML)f the protection of workers, equal treatment, the prevention of social dumping, fair competition or the proper functioning of the labour market." Or. en
Amendment 39 #
2016/0062(NLE)
Motion for a resolution
Citation 17
Citation 17
Amendment 40 #
2016/0062(NLE)
Motion for a resolution
Citation 17 (new)
Citation 17 (new)
– having regard to the European Parliament report on the implementation of the UN Convention on the Rights of Persons with Disabilities which calls for the EU to become a party to the Istanbul Convention as a further step in combating violence against women and girls with disabilities;
Amendment 67 #
2016/0062(NLE)
Motion for a resolution
Recital A
Recital A
A. whereas gender equality is a core value of the EU; whereas the right to equal treatment and non-discrimination is a fundamental right enshrined in the Treaties and should apply in legislation, practice, case law and daily life; whereas gender- based violence is both a cause and a consequence of inequalities between women and men,
Amendment 84 #
2016/0062(NLE)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas gender based violence should not be taken lightly or seen as an issue that can be postponed and dealt with later as it effects over 250 million women and girls in the EU alone; and has tremendous effects on society; it increases fear and polarisation, contributes to stress and mental illness as it threatens the security of half the population; EIGE estimates that the cost on society from sexual based violence in the EU is €226 billion yearly;
Amendment 86 #
2016/0062(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and gender-based violence are widespread in the EU and is to be understood as an extreme form of discrimination and a violation of the human rights; whereas further measures are needed to encourage women who have been the victims of violence to report their experiences and seek assistance, and to ensure that they receive appropriate support in line with their needs and that they are informed about their rights;
Amendment 90 #
2016/0062(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas violence against women and gender-based violence areis a widespread problem in the EU; whereas further measures are needed to encourage women who have been ththat are victims of violence to report their experiences and seek assistancethe help they are entitled to, and to ensure that they receive appropriate support in line withaccordingly to their needs and that they are informed about their rights;
Amendment 98 #
2016/0062(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the European Union Agency for Fundamental Rights report entitled ‘Violence against women: an EU- wide survey’, published in March 2014, shows that one-third of all women in Europe have experienced physical or sexual acts of violence at least once during their adult lives, 20 % have experienced online harassment, one in twenty have been raped and more than one-tenth have suffered sexual violence involving the use of force;
Amendment 99 #
2016/0062(NLE)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas citizens and residents in the Union are not equally protected against gender-based violence, due to differing policies and legislation across Member States, as regards among other the definition of offences and the scope of the legislation, and are therefore vulnerable to such violence;
Amendment 118 #
2016/0062(NLE)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the pandemic of gender based violence has led to one in three women in the EU has experienced physical and/or sexual violence since the age of 15;
Amendment 127 #
2016/0062(NLE)
Motion for a resolution
Recital E
Recital E
E. whereas exposure to physical, sexual or psychological violence and abuse has a severe impact on victims and their relatives;
Amendment 132 #
2016/0062(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas certain women such as women and girls with migrant background, undocumented migrant women, refugee women and asylum seekers, women and girls with disabilities, lesbian, transgender women and girls, intersex women and girls, Roma women and girls, young women and elderly women, homeless women, black women and Muslim women face greater risk of violence because of motives fuelled by sexism coupled with racism, xenophobia, homophobia, transphobia and intersexphobia as well as discrimination based on age, disability, ethnicity or religion; whereas those women facing intersectional and multiple forms of discrimination may have specific needs and this entails that they should be granted special protection;
Amendment 134 #
2016/0062(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the perpetrator in gender- based violence is often an already known person to the victim and many times the victim is in a position of dependence, and therefore increases the fear to report the violence;
Amendment 135 #
2016/0062(NLE)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas women with disabilities are 10% more likely to be the subject of gender based violence and because of their position of dependence it is even harder for these women to report the violence;
Amendment 136 #
2016/0062(NLE)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas one in ten women have been subjected to sexual harassment or stalking through the new technology; and 75% of women in higher decision-making have had to withstand sexual harassment hence it shows that no women or girl regardless of age and position in life is safe from sexual based violence;
Amendment 137 #
2016/0062(NLE)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas an important factor to why women do not report sexual based violence is due to the threat of/or economical violence from the perpetrator;
Amendment 138 #
2016/0062(NLE)
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas in order to decrease the estimated number of unknown cases Member States must have sufficient institutions present for women to feel safe and able to report gender based violence;
Amendment 167 #
2016/0062(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas the Istanbul Convention stresses the importance of changing mentalities and attitudes to break the continuity of gender-based violence; whereas education on equality between women and men, on non-stereotyped gender roles and on the respect ofor personal integrity, is therefore required in this regard from an early age;
Amendment 180 #
2016/0062(NLE)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas in accordance to the UNHCR 1951 Convention relating to the Status of Refugees persecution on the basis of gender has become a form of sexual based violence; therefore it should be included in the grounds for asylum;
Amendment 191 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, rape, forced marriage and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girlspsychological and physical violence, stalking, sexual violence, rape, forced marriage, female genital mutilation, forced abortion and forced sterilisation, and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girls; stresses that the Istanbul Convention ensures that culture, custom, religion, tradition or so-called “honour” cannot be a justification of any acts of violence against women;
Amendment 194 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, rape, forced marriage and other forms of violence, which constitute are a serious violation of the human rights and dignity of women and girls and constitutes a serious security threat;
Amendment 202 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Encourages Member States to see the wide scope of sexual based violence as stated in the Istanbul Convention, in which it can be physical, mental, economical or the threat of using them;
Amendment 204 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that forced pregnancy is defined as a crime against humanity in the article 7 of the Rome Statute of the International Criminal Court of 17 July 1998 and is a gender-based violence against women, that constitute a serious violation of the human rights and dignity of women and girls;
Amendment 205 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Strongly affirms that the denial of safe abortion amounts to a serious breach of human rights and an extreme form of violence against women; calls for the right to abortion to be considered as a Fundamental right at the EU level;
Amendment 224 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
(b) To askurge the Member States to ratify and implement the Istanbul Convention;
Amendment 268 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point i a (new)
Paragraph 5 – point i a (new)
(ia) To take into account significant incidents of violence against women and domestic violence when determining custody and visitation rights;
Amendment 285 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point k
Paragraph 5 – point k
(k) To implement the provisions of the Istanbul Convention on migration and asylum, taking into account the fact that migrant women, whether properly documented or not, and women asylum- seekers are particularly vulnerable to gender-based violence and that gender- based violence may, including female genital mutilation, can be recognised as a form of persecution uander the terms of that the victims can thus avail themselves of the protection offered by the 1951 Refugee Convention; to ensure that Member States respect a gender- sensitive approach in all asylum and reception procedures;
Amendment 292 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point k a (new)
Paragraph 5 – point k a (new)
(ka) To include gender based persecution as a ground for asylum;
Amendment 317 #
2016/0062(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges Estonia during their upcoming presidency to accelerate the ratification of the Istanbul Convention;
Amendment 26 #
2016/0002(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The obligations of Member States as regards convictions of third country nationals should also include fingerprints when this is necessary to secure identification. This obligation includes to store information, including fingerprints, to reply to requests on information from other central authorities, to ensure that a criminal record extract requested by a third country national is supplemented as appropriate with information from other Member States, and to make the technical changes to apply state-of-the-art technologies necessary to make the information exchange system work.
Amendment 38 #
2016/0002(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Council Framework Decision 2009/315/JHA
Article 4 a – paragraph 1 – point e
Article 4 a – paragraph 1 – point e
Amendment 44 #
2016/0002(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Council Framework Decision 2009/315/JHA
Article 4 a – paragraph 4
Article 4 a – paragraph 4
Amendment 49 #
2016/0002(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Amendment 57 #
2016/0002(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Council Framework Decision 2009/315/JHA
Article 11 a – paragraph 2
Article 11 a – paragraph 2
2. All criminal records data shall be stored solely in databases operated by the Member States within the territory of the Union.
Amendment 58 #
2016/0002(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Council Framework Decision 2009/315/JHA
Article 11 b – paragraph 1 – point c
Article 11 b – paragraph 1 – point c
(c) any other technical means of organising and facilitating exchanges of information on convictions between central authorities of Member States, including:
Amendment 61 #
2016/0002(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Council Framework Decision 2009/315/JHA
Article 13 a – paragraph 1
Article 13 a – paragraph 1
1. By [124 months after implementation], the Commission shall submit a report on the application of this Framework Decision to the European Parliament and the Council. The report shall assess the fundamental rights implications of the legislation, in particular the effects to the protection of personal data and the principle of non-discrimination and the extent to which the Member States have taken the necessary measures to comply with this Framework Decision, including the technical implementation.
Amendment 2 #
2015/2342(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. whereas theRecalls that there is a global humanitarian crisis affecting more than 65.3 million ‘'displaced’' persons1 means that the distinction between people in need of international protection and migrants is becoming increasingly difficult to draw; _________________ 1 http://www.unhcr.org/news/latest/2016/6/ 5763b65a4/global-forced-displacement- hits-record-high.html, including within their own countries, and that in this context people can be forced to flee for various reasons; stresses that it is of paramount importance to safeguard the status and the rights of refugees and asylum seekers, who are in need of international protection, but also calls to protect the rights of migrants and not to stigmatise them, because leaving one's home in the hope of finding a better life is not a crime;
Amendment 25 #
2015/2342(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Expresses its solidarity with people who are forced to leave their countries on account of conflicts, persecutionmultiple factors, such as conflicts, persecution, exploitation, gender-based violence, violations of human rights, extreme poverty and environmental causes, whether natural or man-made;
Amendment 26 #
2015/2342(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that migrations have always been an international phenomenon calling for a global response; stresses that, in order to be more credible and to avoid double standards, the European Union should ensure greater consistency between its internal and external policies, and cooperate with third countries in full respect of international law and human rights, the principle of non-refoulement and the right to asylum; calls on the European Union and its Member States to show solidarity not only between themselves but also towards those third countries of origin and transit welcoming many refugees and migrants;
Amendment 32 #
2015/2342(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Recalls that migrant smuggling and human trafficking are different phenomena, but that there can also be a crossover between the two, entailing the risk that criminals groups force refugees and migrants into exploitation as victims of trafficking, in particular unaccompanied minors and women travelling alone; reaffirms that measures taken against human trafficking shouldn't adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection; asks to put an end immediately to the detention of victims of human trafficking and children;
Amendment 40 #
2015/2342(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the European Union to open up legal and safe routes for migrants and refugees, which are the best way to combat human smuggling but also human trafficking, as well as to prevent people from losing their lives on their way to Europe; is convinced in particular that legal labour migration channels should be developed for workers of all skill levels, as they represent a fundamental chance for the future of the EU, considering the immense demographic and economic challenges it is facing; believes as well that the EU visa policy should be promoted as a tool to enhance mobility opportunities, cross-cultural and scientific exchanges, but also to offer more possibilities of training and studying for third country nationals;
Amendment 66 #
2015/2342(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that displaced persons who are in a situation of vulnerability, such as women, children or LGBTI people, face a heightened risk of discrimination, exploitation and abuse along migration routes, meaning that they need to be granted special support and protection; calls on the European Union to develop training programmes in its cooperation with third countries related to the specific needs of vulnerable refugees and migrants;
Amendment 69 #
2015/2342(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Underlines that women and LGBTI people can be subject to specific forms of gender-based persecution and discrimination which should be valid reasons for seeking asylum, including but not limited to physical violence, rape and sexual violence, female genital mutilation, forced marriage, domestic violence, and so-called honour crimes; adds that women and LGBTI people are at risk of subsequent sexual and gender-based violence along migration routes, and highlights that unaccompanied women and girls, pregnant women, people with disabilities and the elderly can be even more vulnerable to such violence; calls on the European Union to develop a gender- sensitive approach in its cooperation with third countries on addressing refugees and migrants movements; asks to put an end immediately to the detention of pregnant women, survivors of rape, sexual violence and gender-based violence in general;
Amendment 100 #
2015/2342(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Underlines that concepts of safe third countries and safe countries of origin should not prevent individual assessments of asylum applications;
Amendment 5 #
2015/2340(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas THB must be understood from both its demand and profit, where exploitation of especially women for sexual services is generated by the demand of such services and the profit being made;
Amendment 6 #
2015/2340(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the Commission to ensure that human rights and gender equality remain at the heart of the EU’s development policies and partnerships with third countries; Calls on the Commission to introduce gender sensitive measures when creating new development policies and when reviewing already existing policies;
Amendment 9 #
2015/2340(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the economic and social empowerment of women and minority groups wcould help reduce their vulnerability to becoming victims, while the main reasons behind trafficking are demand and profit which needs to be addressed by capable legal measures; and calls on the Commission to continue its targeted action on mainstreaming gender in all development operations and ensuring that gender equality remains on the agenda during political dialogue;
Amendment 11 #
2015/2340(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes the normative effect generated by the Swedish model referring to demand being decreased and suggests similar normative measures being introduced in the EU28 and through its external relations;
Amendment 12 #
2015/2340(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that demand for sexual services in developed countries drives THB from developing countries, placing people in a position of vulnerabilityexploitation, such as women and girls, and calls on the Member States to criminalise the knowing use of theany services of a victim of THB;
Amendment 13 #
2015/2340(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Insists on the need for the EU to enhance police and judicial cooperation between Member States and with third countries in the prevention, the investigation and prosecution of trafficking in human beings (THB), in particular via Europol and Eurojust, including information sharing, participation in Joint Investigation Teams and in combating recruitment of people for THB through the internet and other digital means; encourages greater cooperation between Europol and Interpol in the fight against trafficking in human beings;
Amendment 14 #
2015/2340(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance for member states to criminalise the use of any services of a victim of THB by their citizens also if such an act is committed outside the member state and/or outside the EU;
Amendment 19 #
2015/2340(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that trafficking in human beings, as a serious crime which constitutes one of the worst forms of human rights violations, has to be understood in a holistic manner, focusing not only on sexual exploitation, but also - in particular- on forced labour, organ trafficking, forced begging, forced marriages, child soldiers or trafficking of babies;
Amendment 19 #
2015/2340(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the member states where the exploitation of victims of THB has taken place to offer adequate gender sensitive medical treatment necessary and based on individual needs, with special attention to victims of THB for sexual exploitation;
Amendment 22 #
2015/2340(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the member states to implement legal instruments which facilitates the possibilities for victims of THB to contact authorities without endangering their own safety and rights as a victim;
Amendment 26 #
2015/2340(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and EU28 to, whilst increasing legal measures against THB, also widen the definition of THB by introducing new means of trafficking in its scope; Notes the resolution 2015/2229(INI) adopted in December 2015 where surrogacy was defined as trading with human bodies and therefor equivalent to THB;
Amendment 31 #
2015/2340(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on EU and Member State law enforcement agencies to reinforce their capacities as regards financial investigation and prosecution of individuals and criminal networks that profit from THB and to ‘'follow the money’' as a key strategy in their work; underlines that Member States' financial intelligence units should be more involved in the fight against human trafficking and cooperate together to that end through a better exchange of information and best practices; believes that banks should be compelled to assist financial intelligence units in the fight against trafficking in human beings when they are required to do so under law;
Amendment 38 #
2015/2340(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls that migrant smuggling and THB are different phenomena but that the former can easily turn into the latter when smuggled adults and children into the EU end up as victims of THB, the main difference being that migrants have consented to the smuggling, which ends with the arrival at their destination, contrary to victims of trafficking who are exploited by means of coercion, deception and abuse, without any possibility of consent; underlines that there can also be a crossover between the two, entailing the risk that criminals groups force refugees and migrants into exploitation as victims of THB, in particular unaccompanied minors and women travelling alone; urges the competent authorities in the Member States to pay attention to this overlap during their police, judicial-cooperation and law- enforcement activities;
Amendment 42 #
2015/2340(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern that according to Europol at least 10 000 unaccompanied child refugees have vanished after arriving in Europe and having been registered by state authorities, that many are feared to have fallen into the hands of criminal groups, and that there is little information about what happens after their disappearance; deplores that children at risk are frequently treated as offenders or irregular migrants by law enforcement officials who do not systematically look for indicators of human trafficking to identify victims;
Amendment 45 #
2015/2340(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Believes that it is essential as regards unaccompanied minors to achieve a better and more proactive identification of children victims of trafficking, in particular at border crossings and in reception centres, as well as a stronger multi-disciplinary cooperation to ensure the best interests of the child are effectively protected; underlines that it is also imperative to promptly appoint legal guardians to all unaccompanied children and to ensure that the latter are properly trained; recalls that, according to the Directive 2011/36/EU, "Member States shall take the necessary measures with a view to finding a durable solution based on an individual assessment of the best interests of the child"; believes a durable solution can be found through integration of the child into her or his host society, or facilitation of family reunification in order to enable the child to join her or his family in another Member State;
Amendment 46 #
2015/2340(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Considers that being a refugee, an asylum seeker, a humanitarian visa holder or a person in need of international protection should be considered as a factor of vulnerability for human trafficking victims; calls on the Member States to ensure that law- enforcement authorities and asylum authorities cooperate in order to help human trafficking victims in need of international protection to lodge an application for protection; reaffirms that measures taken against human trafficking shouldn't adversely affect the rights of victims of trafficking, migrants, refugees and persons in need of international protection;
Amendment 47 #
2015/2340(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Raises the preoccupying issue of administrative detention, often used in a systematic and abusive way by some Member states, while it should be a solution of last resort; underlines that the use of detention very often leads to violations of migrants and asylum seekers' fundamental rights; calls on the Member States to put an end immediately to the detention of victims of human trafficking and children; demands more transparency with respect to the current situation in detention centres (through a better access for civil society, journalists and parliamentarians); calls on the Member States to make a better and more systematic use of existing alternatives to detention, taking into account the needs of vulnerable groups such as victims of trafficking;
Amendment 48 #
2015/2340(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that no possible consent to perform labour or services should ever be considered valid for a trafficked child, and that there can be no valid consent in a situation where a third country national is taken away from her or his country to go into the EU (or when a EU national is taken away to another Member State) for the purposes of prostitution, any other form of sexual exploitation or forced labour;
Amendment 49 #
2015/2340(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Calls on Member States to fully and properly implement article 8 of Directive 2011/36/EU; recalls that victims of trafficking shouldn't be criminalised and held responsible for criminal activities they were forced to take part in, in particular in case of prostitution, any other form of sexual exploitation or forced labour;
Amendment 50 #
2015/2340(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Recalls Article 82(1) of the Treaty on the Functioning of the European Union provides that judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions, and whereas this should include decisions concerning protection measures for victims of crime, including victims of trafficking;
Amendment 51 #
2015/2340(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Calls on the Member States to guarantee full mutual recognition of decisions concerning protection measures for victims of human trafficking, which means that the status of victim, once granted in a Member State, has to be applicable within the whole European Union; calls for the setting up of a European ad hoc structure for the protection of victims of trafficking, which would be attached to the Commission, and whose task would be to help and assist victims (or associations representing them) in case of non-recognition of their status when they are travelling within the Union, in the framework of judicial or administrative procedures; insists that this new structure should be adequately staffed and resourced in order to fulfil its missions;
Amendment 52 #
2015/2340(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that trafficked people are victims of crime and should benefit from protection regardless of their willingness to cooperate with the law enforcement authorities; considers it essential that, after conducting a comprehensive risk assessment on the viability of the return of a victim of THB, a residence permit should be granted to those victims and their families whose safety upon return to their country of origin might not be guaranteed; calls on the Commission to review Directive 2004/81/EC, including by raising the minimum validation time of a residence permit on the residence permit issued to third-country nationals who are victims of trafficking in human beings, including by raising the minimum validation time of a residence permit; insists that such a revision should change the underlying philosophy of the current directive, meaning that victims of human trafficking should be able to receive a residence permit for protection and assistance, even if they can't cooperate with the competent authorities; underlines that a minimum threshold should be set at the European level for the duration of the reflexion period and that common criteria should be fixed in order to determine its starting point, so that more harmonisation is achieved between Member States; stresses that any return must always be consistent with the principle of non- refoulement;
Amendment 67 #
2015/2340(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that, when Member States conduct individual risk assessment so as to ensure victims of trafficking receive appropriate protection, including through witness protection programmes, they should take into account vulnerability factors, such as gender, pregnancy, health conditions, disability, sexual orientation, age, and the status of refugee, asylum seeker or a person in need of international protection;
Amendment 74 #
2015/2340(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that Member States should develop systems of protection and assistance for victims so as to help them finding a way out of exploitation, by providing first and foremost adequate housing, which shouldn't be conditional on the lawful stay of the victim, but also counselling and information, social, educational and professional support, reintegration programmes, therapeutic and psychological care, in conjunction with social and educational actors;
Amendment 82 #
2015/2340(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Member States to develop awareness and educational programs on the reality of trafficking in human beings and exploitation, including at school;
Amendment 83 #
2015/2340(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
Amendment 90 #
2015/2340(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Believes that Member States should make better use of NGOs' expertise which are active in the fight against trafficking in human beings, so as to enrich existing tools for identification, assistance and protection of victims;
Amendment 92 #
2015/2340(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Calls on the Member States to establish better systems for monitoring the activities of private employment agencies having third countries citizens travelling to the EU for the purpose of labour;
Amendment 93 #
2015/2340(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Calls on the EU and the Member States to cooperate with the private sector and all relevant stakeholders, so as to prevent trafficking in human beings along the entire supply chain, taking into account in particular the case of child labour; is of the opinion that this should involve an obligation for companies to report annually on their actions taken against trafficking in human beings and to conduct more labour inspections on sites; underlines the need in that respect to fully and promptly set up the European Business Coalition against trafficking in Human Beings, as outlined in the EU strategy towards the eradication of trafficking in human beings (2012-2016);
Amendment 95 #
2015/2340(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Calls on the Member States to collect more comparable data on the fight against human trafficking and to improve the exchange of such data between them and with third countries, in full respect of EU standards on data protection, so as to be able to better understand and analyse this complex phenomenon; underlines that these data should also cover protection and assistance mechanisms for victims and the results of actions undertaken against trafficking; urges the Commission to publish the implementation report of Directive 2011/36/EU as soon as possible this year, even more considering that it was due to be presented in April 2015;
Amendment 6 #
2015/2287(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the European Commission´s Green Paper on Public Access to Documents held by institutions of the European Community of 2007,
Amendment 8 #
2015/2287(INI)
Motion for a resolution
Citation 9 b (new)
Citation 9 b (new)
– having regard to Regulation (EC) No 1367/ 2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies,
Amendment 49 #
2015/2287(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recommends the creation of a single set of principles governing for access to documents which would allow for more clarity for citizens; including though Regulation (EC) No 1367/2006 and the Regulation (EC) No 1049/2001.
Amendment 52 #
2015/2287(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that transparent law-making is of the utmost importance to citizens; calls on the institutions actively to circulate public documents forming part of, or related to, legislative procedures and to improve communication with persons who might wish to obtain them; considers in particular that the EU institutions should, by default, make as many documents as possible accessible to the public via a single publicly accessible common portal making for ease of consultation;
Amendment 55 #
2015/2287(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. WelcomAcknowledges the Ombudsman’s inquiry into ‘trilogues’, the established practice by which most EU legislation is adopted; urges the Ombudsman, within her remit under the Treaties and under the Ombudsman's Statute to make full use of her powers of investigation under the Treaties;
Amendment 57 #
2015/2287(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 63 #
2015/2287(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the fact that citizens have no power to supervise trilogue negotiations; expresses concern at the abuses to which this legislative practice might lead, in particularExpresses concern at the influence exercised as regards the role ofor lobbies and possible disparities in the treatment of persondifferent groups seeking to keep abreast withof developments in European Union legislation;.
Amendment 70 #
2015/2287(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the institutions involved to ensure in future that negotiations will be transparent and, to that end, to allow meetings to be held in public and webstreamed and to arrange for agendas, minutes, and the main issues discussed to be published;to continue to enhance the transparency of trilogues in so far as possible, while ensuring adequate space to think for the co- legislators so that they can negotiate on the basis of their respective mandates.
Amendment 76 #
2015/2287(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Commission’s intention of proposing an interinstitutional agreement establishing a mandatory interinstitutional register of interest group representatives operating, and also the local authorities and regional organizations within the institutions and calls for that matter to be given the highest priority;
Amendment 79 #
2015/2287(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Also calls on Parliament and the Council to followWelcomes the Commission practice, as established by the decision of 25 November 2014, byof publishing information about contacts betweenwith lobbyists and, Members of Parliament, their office staff, and their advisers, and between lobbyists and Member State representatives working at the Council; Recognises that Members of Parliament who act as rapporteurs in legislative files may wish to consider a similar practice
Amendment 113 #
2015/2287(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Invites the Commission to harmonise the criteria regarding the publication of the beneficiaries of the EU Structural Funds.
Amendment 47 #
2015/2258(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes with concern how women and girls are overrepresented and of higher risk regarding sexual exploitation and to suffer from violence, both domestically but in higher grades in institutional settings;
Amendment 49 #
2015/2258(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls upon the Commission to introduce the necessary legislative proposals in order to implement the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities (Marrakesh VIP Treaty);
Amendment 52 #
2015/2258(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reiterates the fact that women and girls with disabilities may suffer from multiple discrimination and therefor have a higher risk of being victims of different forms of violence such as gender based violence and especially sexual violence and/or exploitation;
Amendment 59 #
2015/2258(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is worried that certain Member States are using European structural and investment funds to promote institutionalisation rather than fostering the development of more inclusive communities in which persons with disabilities can live with proper support; expresses concern that people with disabilities, particularly women, children and the elderly, may suffer violence or ill- treatment, especiallywhen in institutional settings;
Amendment 60 #
2015/2258(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes with concern the various forms of exclusion caused by institutionalisation of persons with disabilities and how this discriminating form of treatment may foster further prejudices and ill-treatment in the institutional settings and from the society as a whole;
Amendment 14 #
2015/2233(INI)
Draft opinion
Recital C
Recital C
C. whereas women are more dependent onworking more in the public sector and tend to take a greater responsibility when referring to the use of public services than men, particularly with regard to social services such as child care and care for the elderly;
Amendment 20 #
2015/2233(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas it is absolutely necessary to ensure that the same rights, working conditions, conditions of employment and salaries are given to all workers, and that this is equally guaranteed for people working in countries other than their origin;
Amendment 25 #
2015/2233(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that in order for Parliament to be able to make an informed decision regarding consent, the Commission should perform a gender impact assessment as well as a fundamental rights impact assessment disaggregated on both gender, age and socioeconomic factors, on the basis of its reinforced assessment of the impact of new legislative proposals on fundamental rights and in order to guarantee that the EU is beyond reproach in upholding women’s rights;
Amendment 55 #
2015/2233(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the fact that many women are working as entrepreneurs in SME's without collective agreements or equivalent regulation regarding working conditions and remuneration as workers in the public sector, which must be taken into consideration as this leaves a vast population without adequate protection or rights;
Amendment 17 #
2015/2230(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas gender mainstreaming must include the rights, perspectives, and well- being of LGBTIQ peoples, and persons of all gender identities;
Amendment 28 #
2015/2230(INI)
Motion for a resolution
Recital O
Recital O
O. whereas gender mainstreaming involves both integrating a gender perspective into the content of the different policies and addressing the issue of the representation of women and men, and persons of all gender identities in the given policy areas; whereas both dimensions need to be taken into consideration in all phases of the policy-making process;
Amendment 31 #
2015/2230(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas a gender-sensitive parliament has an importantcrucial role to play in redressing gender imbalances, facilitapromoting parity of economic, social and political participation for women and men and builexpanding the premises for the development of a gender equality policy framework;
Amendment 32 #
2015/2230(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Q a. whereas gender mainstreaming training for MEPs and Parliament staff, and particularly for management, is key to promoting a gender perspective in all policy areas and stages;
Amendment 39 #
2015/2230(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas men must be engaged to promote gender equality in all areas and at all levels, and male MEPs must be encouraged to engage with gender mainstreaming in their work;
Amendment 49 #
2015/2230(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for on-going development of the gender mainstreaming network, representing committees but also interparliamentary delegations, and its full involvement in regular monitoring of the state of play of gender mainstreaming across policy areas; notes the need for greater participation by member MEPs in the network; calls for substitute MEPs to be added to the network in order to increase participation, as with committees and delegations;
Amendment 55 #
2015/2230(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the fact that the targets for gender balance at senior and middle management level adopted by the Bureau in 2006 (Kaufmann report) were not reached by the 2009 deadline, nor have they been reached to date; notes that these targets have been subsequently confirmed by the High Level Group on Gender Equality and Diversity for the subsequent years; urges for effective and far-reaching measures to be taken so as to reach these gender equality targets within the shortest possible time-frame;
Amendment 59 #
2015/2230(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the High Level Group on Gender Equality and Diversity is responsible for adopting an Action Plan for the Promotion of Equality and Diversity in Parliament and ensuring its implementation; calls on the high level group, with the support of the competent services, to submit a comprehensive gender equality roadmap indicating how to increase the representation of women in middle and senior management positions to 40 % by 2020; invites DG Personnel and political groups to consider proposing both a woman and a man for the positions of Head of Units when posts are vacant;
Amendment 60 #
2015/2230(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recommends that the standing rapporteur on gender mainstreaming, once that post is established, would work together with the High Level Group to ensure that gender mainstreaming targets for the Parliament's secretariat and staff are met;
Amendment 64 #
2015/2230(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Notes that equal gender representation in each committee is desirable, to the extent circumstances allow; invites political groups to consider nominating MEPs from the underrepresented gender in each committee, in a coordinated fashion; invites political groups to nominate an equal number of male and female MEPs as members and substitutes of the FEMM committee, in order to encourage the involvement of men in gender equality policy;
Amendment 76 #
2015/2230(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reaffirms the need for sufficient allocation of resources also at Parliament level in order to develop gender impact assessments and gender-based analysis, including data collection methodology sensitive to the experiences of LGBTIQ persons;
Amendment 88 #
2015/2230(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Expresses it full support for developing targeted and regular gender mainstreaming training, with adequate resources and tailor-made for Parliament specific needs; highlights the need for mandatory short gender mainstreaming training, such as a two-hour workshops, for all Parliament secretariat staff working in policy fields, with more extensive training provided for middle- and senior management, specifically Heads of Units; calls for gender mainstreaming training to be made available for Members, Parliamentary Assistants, and political groups' staff;
Amendment 92 #
2015/2230(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Recommends that training sessions also address the multiple and intersectional forms of discrimination affecting women with disabilities, migrant and ethnic minority women, Roma women, older women, single mothers and LGBTIQ persons;
Amendment 98 #
2015/2230(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Notes the need to improve the well- being of persons of all gender identities at the workplace; recommends the introduction of specific human resources guidelines addressing LGBTIQ perspectives;
Amendment 99 #
2015/2230(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Recommends the introduction of gender-neutral sanitary facilities, and that data on past or ongoing legal procedures on gender recognition are protected;
Amendment 103 #
2015/2230(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Stresses the importance for the President of the European Parliament, the Secretary General, and the High Level Group of Gender and Diversity, and the competent committee to work with all Committees and Delegations to ensure that all Committees adopt a Gender Action Plan; Recommends greater reciprocal coordination and cooperation between the gender mainstreaming network and the High Level Group on Gender Equality and Diversity; Recommends that the Chairs of the Gender Mainstreaming network regularly report to and exchange views with the High Level Group, and report back at network meetings;
Amendment 104 #
2015/2230(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Insists that a clear procedure and timeline must be established for the adoption of a gender action plan for each committee and delegation, including a procedure for re-drafting and re-tabling a plan in the event that a proposed plan is rejected;
Amendment 47 #
2015/2229(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the lack of gender equality in the political realm of, both in the EU and in third countries; recalls that women and men are equal and should enjoy the same political rights and civil liberties;
Amendment 58 #
2015/2229(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for gender equality to be systematically included in the human rights country strategies and in the human rights and political dialogues with third countries and candidate countries; welcomes the appointment of the European External Action Service (EEAS) advisor on gender issues and gender-sensitive training programmes for diplomats and officials who are taking part in EU delegations;
Amendment 6 #
2015/2228(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the results of the European Union lesbian, gay, bisexual and transgender survey carried out by the European Union Agency for Fundamental Rights (FRA) and published on 17 May 2013,
Amendment 17 #
2015/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas poverty rates among women vary greatly between the Member States; whereas regardless of how specific the groups at risk are such as oelderly women, lone parents,single persons, single parents, lesbian women, bisexual women, transgender women and women with disabilities, the poverty rates among migrant women and women from ethnic minorities are the same throughout the European Union;
Amendment 33 #
2015/2228(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU LGBT Survey finds that lesbian, bisexual and transgender women face a disproportionate risk of discrimination on the basis of their sexual orientation or gender identity, in employment (19%), education (19%), housing (13%), healthcare (10%) and access to social services (8%); whereas this results in disproportionate risks to their economic and social well-being;
Amendment 41 #
2015/2228(INI)
Motion for a resolution
Recital C
Recital C
C. whereas living at risk of poverty translates into social exclusion in terms of access to public transport, primary healthcare services, decent housing, information and culture;
Amendment 46 #
2015/2228(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the gender pay gap stands at 16.3 % and whereas the atypical and flexibleuncertain forms of working contracts (zero hour contracts, temporary work, interim jobs etc.) also affect women more than men; whereas these insecure contracts put women at greater risk of poverty and result in a category of the 'working poor' being created;
Amendment 56 #
2015/2228(INI)
Motion for a resolution
Recital E
Recital E
E. whereas women often take the responsibility for the care of elderly or ill family members as well as for children, resulting in their lower participation in the labour market, which consequently diminishes their overall income; whereas the establishment of high-quality childcare services and facilities at affordable prices reduces the risk of impoverishment; whereas few Member States have achieved or surpassed the Barcelona objectives which must be seen as a necessity in order to increase an equal share of responsibility between caretakers;
Amendment 59 #
2015/2228(INI)
Motion for a resolution
Recital E
Recital E
E. whereas women often take the responsibility for the care of elderly or ill family members as well as for children, resulting in their lower participation in the labour market, which consequently diminishes their overall income; whereas the establishment of high-quality childearly childhood education and care services and facilities at affordable prices reduces the risk of impoverishment; whereas few Member States have achieved or surpassed the Barcelona objectives;
Amendment 68 #
2015/2228(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the pension gap averages 40% as a result of the pay gap between women and men; whereas this pension gap represents an obstacle to women's economic independence and is one of the reasons why women find themselves falling below the poverty line as they grow older;
Amendment 74 #
2015/2228(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the increasing risk of poverty is closely linked to budget cuts in education, social security systems and care services; whereas women and child have been hardest hit by the crisis and the austerity measures taken in several European countries;
Amendment 82 #
2015/2228(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the stereotypes widely conveyed by society contribute to the feminisation of poverty; whereas these stereotypes are developed during childhood and are reflected in the choice of training and education and on into the labour market; whereas women are still too often confined to ‘women-friendly’ tasks and remain under-represented in certain areas such as mathematics, science, engineering, and so on; whereas these stereotypes in combination with male dominated sectors being normative in setting wages lead to discrimination in terms of recrimination;
Amendment 113 #
2015/2228(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the lack of affordable high- quality care, whether for children or for the sick or elderly, contributes to social exclusion, to the gender employment gap, the pay gap and the related pension gap; emphasises that equal access to childearly childhood education and care, and free, high-quality education and family support services is central to securing equal opportunities and breaking poverty cycles;
Amendment 127 #
2015/2228(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States and the Commission to develop and utilise the available policy and financial instruments, including the Social Investment Package, to meet the Barcelona objectives; calls, in this context, for the Social Fund and the ERDF to be improved, for priority to be given, in the use of social investments and the EFSI regulation, to the establishment of public and private childcare facilities, and for the flexibility mechanism introduced in the context of the Stability and Growth Pact to be used for financing of childcare facilitiesearly childhood education and care (ECEC); proposes the creation of a specific line in the EU budget to fund, through a co- financing mechanism, incentives for specific areas where there is a shortage of childcareECEC facilities and where the female employment rate is extremely low;
Amendment 130 #
2015/2228(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that the lack of recognition of LGBTI families by many Member States, most notably by unequal marriage or partnership laws and parental recognition laws, results in lower incomes and higher costs for LGBTI people, increasing the risk of poverty and social exclusion;
Amendment 137 #
2015/2228(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to undertake a comprehensive and global legislative action to modernise in a coherent way the types of leave, namely maternity, paternity, parental and carers’ leave, so as to boost women’s participation in the labour market; underlines the fact that only 2.7 percent of the persons using their right of parental leave were men in 2010 which emphasises the need for concrete action for non-transferable parental leave rights;
Amendment 158 #
2015/2228(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to implement policies to promote the employment of women and the integration into the labour market of socially marginalised groups of women, in the light of the objectives of the Europe 2020 strategy, with an emphasis on life- long learning, the development of affordable and high-quality public care services, flexiblethe abolishment of precarious working time arrangements and measures to combat the segregation of men and women by occupation and sector;
Amendment 166 #
2015/2228(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that women are disproportionately and often involuntarily concentrated in precarious work; urges the Member States to consider implementing the International Labour Organisation (ILO) recommendations intended to reduce the scale of precarious work, such as restricting the circumstances in which precarious contracts can be used and limiting the length of time workers can be employed on such a contract but also how employers can use precarious contracts piled up on each other instead of granting its employees full time contracts;
Amendment 179 #
2015/2228(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to conduct a study how procedures related to the official recognition of the gender reassignment of a person, or the absence of such procedures, affect transgender people's position on the labour market, particularly their access to employment, level of remuneration, career development and pensions;
Amendment 192 #
2015/2228(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Invites the Commission to carry out an impact assessment on minimum income schemes in the EU and to consider further steps that would take into account the economic and social circumstances of each Member State as well as an assessment of whether the schemes enable households to meet basic personal needs; invites the Commission to evaluate on this basis the manner of, and the means for providing where applicable an adequate minimum income above the poverty threshold of 60 % of national median income in all Member States in line with national practices and traditions while respecting their individual characteristics in order to support social convergence across the EU without causing a negative effect on collective agreements in specific member states;
Amendment 207 #
2015/2228(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the effects of poverty and social exclusion on children can last a lifetime and result in intergenerational transmission of poverty; stresses that in all Member States the risk of poverty and social exclusion among children is strongly linked to their parents’ level of education, and in particular to that of their mothers, and their parents’ situation in the labour market and their social conditions; stresses the need to establish a framework of support for teenage mothers, for whom leaving school early is a first step towards poverty; stresses the need to establish a comprehensive set of measures for tackling child poverty and promoting child well-being based on three pillars, namely access to adequate resources and reconciling work and family life; access to good quality services; and children's participation in decisions that affects them, and in cultural, leisure and sport activities;
Amendment 209 #
2015/2228(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that in all Member States the risk of poverty and social exclusion among children is strongly linked to their parents’ level of education, and in particular to that of their mothers, and their parents’ situation in the labour market and their social conditions; stresses the need to establish a framework of support for teenage mothers, for whom leaving school early is a first step towards poverty; reiterates the need of access to information to be made easily accessible on equal basis especially in the field of social securities, adult education, healthcare and economic support being available;
Amendment 214 #
2015/2228(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that equal treatment legislation is a vital instrument to combat poverty resulting from marginalisation and discrimination of sexual and gender minorities; calls in this regard on the Council to adopt the 2008 proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; calls furthermore, for the explicit inclusion in any future recast of the Gender Equality Directives of a ban on discrimination on grounds of gender identity;
Amendment 218 #
2015/2228(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Believes that improvement in rights awareness should be part of the efforts to combat gender-based poverty and exclusion; remains concerned that rights awareness in the area of discrimination on the basis of gender, gender identity and sexual orientation, and awareness of the existence of bodies and organisations offering support to victims of discrimination, is low; calls, in this regard, on the Commission to closely monitor the effectiveness of national complaint bodies and procedures in the context of the implementation of the gender equality directives with regard to gender identity, gender expression and gender reassignment and the implementation of the employment equality directive with regard to sexual orientation;
Amendment 221 #
2015/2228(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the absence of a partner income is a major contributing factor to the poverty trap and to the social exclusion of women; notes the often precarious situation of divorced women who are heads of household, for whom an adequate level of maintenance should be defined; underlines the fact that divorced women are prone to discrimination and poverty is evidence of women not yet being fully economically independent which stipulates the need of further actions in the field of labour market and the closing of the gender pay gap;
Amendment 234 #
2015/2228(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that women’s economic independence plays a crucial role in their ability to escape situations of violence as a proactive measure being taken; calls for the provision of social protection systems guaranteeing the social rights of women who are victims of violence; underlines the need of an increase in availability of information when it comes to legal services for victims of violence and further legislative measures to define gender based violence as a concrete criminal act closely related to hate crimes;
Amendment 239 #
2015/2228(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Believes there is a need of working proactive to overcome violence against women by targeting norms which glorifies violence; underlines that stereotypes and structures which are the foundation for men's violence against women to be combated by proactive measures through campaigns and further education on macho cultures on national level;
Amendment 245 #
2015/2228(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Highlights the need to combat the intersectional factors which results in violence against women by raising awareness to the intersectional structures which fuels gender based violence; asks the different institutes for gender equality in member states to cooperate in sharing best practices of diminishing violence against women; underlines the responsibility of both the European Union and the member states to increase awareness regarding violence against women and to work both proactive and to simplify the law field to reach a higher grade of convictions for crimes related to violence against women;
Amendment 258 #
2015/2228(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Member States and the Commission to develop exchanges of best practice on legislative and budgetary instruments for combating poverty; with a focus on those groups at particular risk of poverty, including migrant women, women from ethnic minorities, single women, lesbian women, bisexual women, transgender women, older women and women with disabilities;
Amendment 23 #
2015/2223(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas societal structures are based on a tradition of male norms which results in a prioritization of male dominated sectors such as the industry and financial sector;
Amendment 34 #
2015/2223(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses deep concern at the Commission’s assessment that the 2020 anti-poverty target ‘seems out of reach’ and insists on fresh political impetus for drastic action to tackle poverty in the EU; notes a slight increase in the female labour-market participation over the recent years but not at a satisfactory rate which requires additional measurements; calls on the Member States to ensure that national poverty strategies are gender mainstreamed and address gender inequality;
Amendment 64 #
2015/2223(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that cuts to public services increase gender inequality; stresses that macroeconomic policy must be compatible with social equality policy, and that it must include a strong gender perspective; expresses deep concern over the fact that arrangements against economical backlashes tends to diminish the work for gender equality by swift cuts in female dominated sectors; emphasizes that the recent solutions for economical crises where bailout funds for banks are prioritized in a matter which also results in an even greater economic burden for women is not in fact a socially just way to solve crises within the European Union;
Amendment 77 #
2015/2223(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the member states to propose and conduct salary surveys in order to visualize the unequal salary schemes that occur for women and men with the same occupation as a mean to accelerate the process towards equal payment.
Amendment 80 #
2015/2223(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Emphasizes the urgent need to revaluate female dominated sectors such as the public sector in order to increase both salaries and reputation by challenging the male norm in the industry and financial sector; expresses its concern about the feminization of poverty with foundation in the prioritization of male dominated sectors and cuts in public services.
Amendment 1 #
2015/2118(INI)
Draft opinion
Citation 1 (new)
Citation 1 (new)
– having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims and replacing Council Framework Decision 2002/629/JHA,
Amendment 2 #
2015/2118(INI)
Draft opinion
Citation 2 (new)
Citation 2 (new)
– having regard to the 1948 Universal Declaration of Human Rights,
Amendment 2 #
2015/2118(INI)
Motion for a resolution
Citation 5
Citation 5
– having regard to Article 6 of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) which seeks to combat all forms of traffic in women and the exploitation of the prostitution of women,
Amendment 3 #
2015/2118(INI)
Draft opinion
Citation 3 (new)
Citation 3 (new)
– having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),
Amendment 4 #
2015/2118(INI)
Draft opinion
Citation 4 (new)
Citation 4 (new)
– having regard to the UN Convention on the Rights of the Child of 20 November 1989,
Amendment 4 #
2015/2118(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime,
Amendment 5 #
2015/2118(INI)
Draft opinion
Citation 5 (new)
Citation 5 (new)
– having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),
Amendment 6 #
2015/2118(INI)
Draft opinion
Citation 6 (new)
Citation 6 (new)
– having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995, and to the subsequent outcome documents adopted at the United Nations Beijing +5, Beijing +10 and Beijing +15 special sessions and the Beijing +20 review conference,
Amendment 7 #
2015/2118(INI)
Draft opinion
Citation 7 (new)
Citation 7 (new)
– having regard to Article 5 of the Charter of Fundamental Rights of the European Union,
Amendment 9 #
2015/2118(INI)
Draft opinion
Recital A
Recital A
A. whereas over the three-year period 2010-2012, 69 % of registered victims of trafficking in human beings (THB) were trafficked for sexual exploitation, 19 % for forced labour, and 12 % for other forms of exploitation such as removal of organs or criminal activities; whereas women account for 67 % of registered victims of THB in this period, men for 17 %, girls for 13 % and boys for 3 %, also including transgender persons; whereas different forms of trafficking need to be addressed with specific and tailored policy measures;
Amendment 10 #
2015/2118(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas, as stated by the Joint UN Commentary on the EU Directive –A Human Rights-Based Approach (2011), several UN agencies recall that "trafficking in both men and women should be acknowledged, and the similarities and differences in the experiences of women and men in relation to vulnerabilities and violations should be addressed";
Amendment 17 #
2015/2118(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the demand for women, girls, men and boys in the prostitution industries is a decisive pull factor for THB for sexual exploitation; and whereas the demand for cheap labour and incapacity to uphold labour rights are pull factors for THB for labour exploitation;
Amendment 39 #
2015/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on Member States to give particular attention to vulnerable groups, which naturally include children; reiterates that Member States must consider poverty, gender, disability, pregnancy, state of health, migration status and the fact of belonging to an ethnic minority as factors when assessing the vulnerability of a victim;
Amendment 40 #
2015/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that greater consideration should be paid to the situation of transgender victims, who often experience discrimination, stigmatisation and threats of violence because of their gender identity; is of the opinion that transgender persons should be considered as a vulnerable group, particularly prone to fall into the hands of traffickers seeking to exploit their despair; believes this vulnerability factor should be taken into account when Member States conduct individual risk assessment so as to ensure victims of trafficking receive appropriate protection and care; calls on the Member States to provide adequate training for officials, likely to come into contact with victims or potential victims of trafficking in human beings, on the specificities of transgender victims, so as to be able to identify them more proactively and adapt assistance services to meet their needs;
Amendment 41 #
2015/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the Member States to ratify all relevant international instruments, agreements and legal obligations which will make the efforts to combat trafficking in human beings more effective, coordinated and coherent;
Amendment 42 #
2015/2118(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Member States and intergovernmental organizations to ensure that their interventions address the factors that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination;
Amendment 42 #
2015/2118(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Directive 2011/36/EU (the directive) should be commended partly for its human rights- and victim-centred approach but also for its clear message that combating demand must be the highest priority;
Amendment 51 #
2015/2118(INI)
Motion for a resolution
Recital E
Recital E
E. whereas gender itself does not inherently create vulnerability, and there are many contributing factors to create a situation of vulnerability, including poverty, social exclusion and discriminat, on the basis of how various forms of discrimination and oppression are expressed, a person's gender expression functions as a background variable in the case of those exposed to discrimination, but at the same time gender expression is not the only factor at play in discrimination and oppression;
Amendment 55 #
2015/2118(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States and the European Commission to develop concrete measures to decrease the demand for women, girls, men, and boys in prostitution as a key strategy to prevent and decrease THB, in this context urges the Member States to fully implement Art. 18.4 and the European Commission to report back on the outcome;
Amendment 60 #
2015/2118(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Member States to make legal aid available to victims of trafficking not only in criminal proceedings, but also in civil, labour or immigration/asylum proceedings in which they are involved;
Amendment 63 #
2015/2118(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses the importance of 'following the money' as a key strategy to investigate and prosecute the organised crime networks that profit from THB, and calls on Europol and Eurojust to reinforce its capacities in the field of combating THB; Member States should freeze and confiscate the assets of individuals involved in trafficking, the confiscated assets of persons convicted of trafficking offences should be used to support and compensate victims of trafficking;
Amendment 82 #
2015/2118(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on Member States to give clear information to victims with regards to the appropriate authorities or organisations to contact for information on their rights to assistance and health care, their right to a residence permit and their labour rights, their rights regarding access to justice and to a lawyer, and any possible compensation;
Amendment 101 #
2015/2118(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EU to pay attention and make visible the new forms of trafficking and exploitation of human beings, including reproductive exploitation and trafficking in new-born children;
Amendment 103 #
2015/2118(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for a consistent approach to prosecution of offences related to human trafficking, and for Member States to step up their investigations and prosecutions; calls, in that regard, for Member States to increase cross-border cooperation and collaboration with the relevant EU agencies;
Amendment 104 #
2015/2118(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Member States to implement the principle of non- refoulement in their anti-trafficking directives as is the case in the UN Trafficking Protocol and the CoE Trafficking Convention and in accordance with States obligations under international refugee law and international human rights law;
Amendment 108 #
2015/2118(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the EU to provide through Eurostat estimations in its statistics on victims of trafficking in human beings, and not only registered victims, following the general pattern by UN agencies such as IOM, UNODC or ILO;
Amendment 110 #
2015/2118(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for a stronger collaboration with online platforms on projects aimed at raising awareness of the risks of being targeted and recruited over the internet and via social networks;
Amendment 111 #
2015/2118(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that support for victimsindividually made-to- measure support for victims, according to need, plays an important role in prevention of THB, as victims who are well supported, are more able to recover from the trauma of their experience, assist in the prosecution of offenders and inform policy making, as well as avoid being re- trafficked;
Amendment 112 #
2015/2118(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights that third country nationals victims of trafficking should be given the possibility to safe return, but also be entitled to residence permits, in order to ensure their proper access to justice, support and assistance;
Amendment 114 #
2015/2118(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Encourages national authorities and EU agencies to create, where relevant, joint investigation teams and involve Europol and Eurojust in all cross-border trafficking cases;
Amendment 117 #
2015/2118(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Recalls the obligation of Member States to pay special attention to child victims of trafficking including unaccompanied minors coming from third countries, and to provide special protection to children in criminal procedures, the best interests of the child must be considered paramount at all times (Art 13, 14,15,16);
Amendment 120 #
2015/2118(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that the identification of victims remains one of the most difficult aspects of implementation, but stresses that this does not diminish the responsibility of the Member States to protect these vulnerable people; highlights that by the coercive and deceptive nature of the crime, victims may be unable to recognise their own vulnerability; stresses that the actions that victims of trafficking in persons are compelled to perform are criminal acts in some Member States, which in some cases impairs trust between victims and the authorities, and that at a later stage this makes it more difficult to prosecute the true offenders;
Amendment 126 #
2015/2118(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the principal source of information for the registration of victims is the police, pointing to the need for targeted and specialist training for police officers and a greater gender balance amongst staff; highlights that using prisons and detention centres as registration sources shows a failure of the system;
Amendment 145 #
2015/2118(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that funding from the Commission and the Member States should be targeted to the bestmost suitable provider of services, based on the needs of the victims including gender-specific requirements and the scope for the provider to engage in far-reaching and long-term processes;
Amendment 160 #
2015/2118(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that demand and the enormous income associated with trafficking in persons are the two main reasons for the existence of the phenomenon; notes furthermore Sweden's legislation on prostitution, which has had a normative impact on the prevalence of demand, which has been declining, thus reducing trafficking in persons for the purpose of providing sexual services;
Amendment 163 #
2015/2118(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, suwhich as exit programmes and schemes tore empowering and protect the rights of those in prostitution, while also noting that the regulation of prostitution is a competence of the Member Stateswhich increase the scope for victims of trafficking to obtain assistance from the authorities concerned;
Amendment 166 #
2015/2118(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Member States to develop specific strategies for reducing demand for trafficking for sexual exploitation, such as exit programmes and schemes to empower and protect the rights of those in prostitution, while also noting that the regulation of prostitution is a competence of the Member State; believes that demand reduction can be achieved through legislation that shifts the criminal burden onto those who purchase sexual services rather than onto those who sell it, and through the imposition of fines to make prostitution and sexual exploitation financially less lucrative for criminal networks;
Amendment 169 #
2015/2118(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Emphasises the data which confirm the deterrent effect that criminalisation of the purchase of sexual services has had in Sweden; highlights the normative effect of this model of regulation and its potential to change social attitudes to reduce overall demand for the services of victims of THB;
Amendment 179 #
2015/2118(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses that greater equality depends on the involvement of all and that responsibility must not be assigned only to one group within society; notes the need for legislation which calls into question the market structures which are expressed in discrimination and oppression and, by extension, in violence; notes that in order to attain equality it is necessary for more men also to take responsibility, as equal treatment should be an objective of the whole of society;
Amendment 184 #
2015/2118(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is strongly critical of the fact that it is not already a criminal offence to knowingly use the services of trafficked persons across all Member States, but acknowledges the difficulty, under existing legislation, in proving knowledge in a judicial context, and considers that this would be an important step recognising the seriousness of this crime, ensuring a real framework for the prevention of THB and for stopping the culture of impunity;
Amendment 185 #
2015/2118(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is strongly critical of the fact that it is not already a criminal offence to knowingly use the services of trafficked persons across all Member States, but acknowledges the difficulty in proving knowledge in a judicial context, and considers that this would be an important step recognising the seriousness of this crime, ensuring a real framework for the prevention of THB and for stopping the culture of impunity;
Amendment 190 #
2015/2118(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that victims of THB require specialised services, including access to accommodation, witness protection schemes, healthcare and counselling, translation and interpretation services, and (re)integration and resettlement assistance, and that these services should be further individualised case by case, with specific consideration given to the issue of gender expression;
Amendment 199 #
2015/2118(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Member States to ensure gender-specific provision of services to victims of THB that is appropriate to their needs, recognising the form of trafficking to which they have been subjected; highlights that whilst a majority of victims are women and girls, there should be specialised services for victims of all gender expressions;
Amendment 215 #
2015/2118(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to recognise the longer time needed to recover from the harms of trafficking for purposes of sexual exploitation, as compared with the time needed to recover from other forms of trafficking, when deciding on limits to victim support; calls for protection measures offered to victims trafficked for sexual exploitation to be extended, in order to minimise harms, prevent re-trafficking and secondary victimisation and in every case cater for individual needs;
Amendment 2 #
2015/2116(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission’s application report1 states that all 28 Member States have transposed the Directive into national legislation, but legislation alone is not enough to ensure full equality and must be combined with appropriate policy action; __________________ 1whereas legislation must be considered a crucial tool in reaching gender equality but must be combined with normative procedures and campaigns in order to implement gender equality, not only in legislation but also in the public opinion; __________________ 1 COM(2014)0002 COM(2014)0002
Amendment 16 #
2015/2116(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas women are often forced into insecure and unstable employment contracts which effects their lives in an unjust matter which enhances the multiple discrimination and reproduces gender pay gaps; therefore reiterates the need of different forms of leave with non- transferable rights, especially parental leave, and also the need to implement the Barcelona objectives;
Amendment 21 #
2015/2116(INI)
Draft opinion
Recital C
Recital C
C. whereas therewomen are still casevictims of multiple, direct and indirect discrimination of women on the labour market, despite the implementation of equal treatment in Member States; whereas women are not always made aware of their rights under existing European and national legislation on equality and discrimination, or doubt the effectiveness of reporting cases of discrimination;
Amendment 33 #
2015/2116(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission and the Member States to fill in all gaps in the collection of equality data; recalls that this data should be comparable, gender-disaggregated based on gender combined with multiple variables such as country of birth and take into account differences between women with and without children in order to allow for a correct assessment of multiple and indirect discrimination;
Amendment 51 #
2015/2116(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to pursue the implementation of equal treatment in employment policies and measures that would encourage the employment of women on fair grounds without insecure forms of employment and reduce pay and pension gaps.
Amendment 42 #
2015/2095(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that, regardless of legal status, decisions to detain should take account of past histories of trauma including experiences of sexual violence, and that the needs of pregnant women are more appropriately accommodated in tailored facilities where privacy for individuals is ensured at all costs;
Amendment 94 #
2015/2095(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Places a particular focus on groups within migration flows that are already vulnerable, and emphasises factors such as a person’s age, gender, disability, gender identity and beliefs; expresses concern that people’s specific needs for protection are not being met;
Amendment 109 #
2015/2095(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges all organisations – supra- national, intergovernmental and NGOs – to gender mainstream all operations and programmes that focus on movements of refugees and asylum processes;
Amendment 414 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation Decisions, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to are fair and sufficient in order two other criteria, namely, the size of the territory of the Member State and the population density of thedetermine the number of persons to be relocated to a certain Member State;
Amendment 415 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition to the criteria contained in the Relocation Decisions, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State and the population density of the form a good basis for determining the number of persons to be relocated to individual Member States;
Amendment 551 #
2015/2095(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Stresses further that the premise for Dublin is outdated and based on a very different geo-political environment than the one faced today; Calls for an overhaul of the archaic Dublin System into a system which deals with the registration of asylum seekers separately from asylum claims, under the provisions granted by the Common European Asylum System; Highlights that the "irregular entry" criterion should no longer be taken into account to determine which Member State shall be responsible for the examination of an asylum claim, but that the responsibility for the examination of an asylum claim should be made through a centralised system in a way that ensures no Member State's reception capacities are disproportionately affected; calls for the allocation of technical and financial resources and support to Member States of first arrival in order to ensure the swift and effective registration of asylum seekers in full respect of fundamental human rights of refugees;
Amendment 683 #
2015/2095(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of foreign qualifications is one practical way of ensuring that those third-country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard; Encourages the Member States to create, in cooperation with the social partners, fast track procedures to best take advantage of valuable skills, education or experiences and to facilitate access to the labour market for persons granted international protection;
Amendment 1090 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long -term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as – war, poverty, corruption, hunger and a, lack of opportunities and persecution such as that based on gender, race, religion, political affiliation or as part of a particular social group such as being part of the LGBTIQ community, means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; pPoints out that this means that the Commission and the Member States must put up the money to help build capacity in third countries,; such as by facilitating investment and education,; strengthening and enforcing asylum systems,; helping to manage borders better, and reinforcing legal and judicial systems there;
Amendment 1216 #
2015/2095(INI)
Motion for a resolution
Paragraph 114
Paragraph 114
114. Considers that all workers, irrespective of their home countries must enjoy the same rights and conditions of employment as nationals; Notes that labour exploitation can take place as a consequence of trafficking, of smuggling, or even in the absence of both, with the result that there is impunity for those exploiting irregular migrants in those Member States in which it is not criminalised as such;
Amendment 1220 #
2015/2095(INI)
Motion for a resolution
Paragraph 115
Paragraph 115
115. Deplores the fact that the low risk of being detected and/or prosecuted as an employer exploiting the labour of irregular migrants has been identified as an important factor in labour exploitation, in particular in sectors most at risk (agriculture, construction, hotels and restaurants, domestic workers and care services); recommends that in order to tackle this impunity it is necessary, firstly, to ensure that all cases of severe labour exploitation are criminalised and adequately punished under national law and, secondly, to increase labour inspections in at-risk sectors, as well as to ensure proper control and enforcement so as to deter and prevent companies from infringing labour and social rights, including collective agreements, it is necessary, firstly, to ensure that all cases of severe labour exploitation are criminalised and adequately punished and, secondly, to increase labour inspections in all sectors; underlines that labour inspectorates and trade unions have a vital role to play in the prevention and monitoring of abuse and also help to enhance expertise and information provision at company level; urges the Member States to increase the staffing levels of, and the resources available to, their labour inspectorates and to meet the target of one inspector for every 10 000 workers, as recommended by the ILO;
Amendment 4 #
2015/2063(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that enhanced international cooperation, determined national action and stable inclusive government in third countries at direct risk from jihadist extremist groups hold the key to countering the threat posed by terrorist groups and stemming the radicalisation of European citizens; notes however, that joint counter-terrorism efforts with third countries should not be a tool to stifle political opposition or target ethnic minorities;
Amendment 13 #
2015/2063(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the Commission Green Paper Strengthening mutual trust in the European judicial area – A Green Paper on the application of EU criminal justice legislation in the field of detention COM(2011) 327 final
Amendment 29 #
2015/2063(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that in order to achieve long- term progress any and all international efforts should aim at promoting rule of law, democratic principles and human rights in third countries; further calls for increased national action within the EU towards creating an inclusive and proactive Union by addressing discrimination and racism;
Amendment 36 #
2015/2063(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages the development of targetedpreventive and regularly upgraded security and counter-terrorism initiatives at Member State, EU and international level with a view to ensuring appropriate responses to emerging threats, including through working in partnership with neighbouring countries and regional actors; as well as combating racism and discrimination enhancing social inclusion within the EU and the neighbourhood;
Amendment 54 #
2015/2063(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Council to keep the EU Syria and Iraq and Counter- Terrorism/Foreign Fighters Strategy, adopted on 20 October 2014, under constant review, in the light of the developing security situation in the EU’s southern neighbourhood, alongside preventive and other initiatives such as the Commission’s Radicalisation Awareness Network;
Amendment 94 #
2015/2063(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the important thing now is to put greater stress on preventive rather than reactive measures to address the radicalisation of European citizens and their recruitment by terrorist organisations; whereas such preventive measures should include enhancing social inclusion and combating racism;
Amendment 104 #
2015/2063(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Expresses concern that relations between communities are put under increasing strain across Europe, as prevailing racism and segregation cause increased hatred, violence and fear; calls on Member states to take measures to strengthen values of equality, freedom, democracy, and human rights in order to prevent conflict and social exclusion leading to greater hatred, violence and extremism;
Amendment 108 #
2015/2063(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasizes that human rights should be at the core of all cooperation countering terrorism and radicalization, and that countering terrorism and radicalization needs to ensure that security, human rights and law enforcement are not mutually exclusive but complementary;
Amendment 143 #
2015/2063(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to establish a common definition of ‘foreign fighters' and to carry out an in-depth study of the process and the various influencefactors which lead to radicalisation;
Amendment 166 #
2015/2063(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages Member States to take immediate actions against overcrowded prisons, which is an acute problem in many Member States that significantly increases the risk of radicalization and reduce the opportunities for rehabilitation.
Amendment 201 #
2015/2063(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that an important factor to counter radicalization in prisons in Europe is to maintain humane and dignified conditions that guarantee the prisoners' fundamental rights, while providing educational and other support that can facilitate their reintegration into society.
Amendment 231 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giants with a view to preventing the online distribution of hate messagesillegal content and to eradicating them swiftlye it swiftly in line with national legislation;
Amendment 257 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giants should be made aware of their responsibilities so that they delete illegal content as quickly as possible in line with national legislation; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messages or messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate shouldmay be considered an act of complicity with praising terrorism and should consequently be punished;
Amendment 277 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however, that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorism; calls on the digital giants to cooperate with the Member States and civil society in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisation;
Amendment 303 #
2015/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the introduction of measures enabling all internet users to flag illegal content circulating on the internet and on social media networks easily and quickly, while respecting basic freedomfundamental rights and freedom of expression and national legislation;
Amendment 327 #
2015/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that online radicalisation cannot be stamped out without reinforcing the tools available to the EU to combat cybercrime should be reinforced; recommends that the European Union strengthens the mandate of the European Cybercrime Centre so that it can play an effective role in better protecting European citizens against online threats and detecting the digital processes used by terrorist organisations;
Amendment 358 #
2015/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that schools and education have an important role to play in preventing radicalisation, prejudices and racism; recalls the crucial role that schools play in helping to promote integration and develop critical thinking; calls on the Member States to investigate the possibility of introducing, where it does not already exist, education on religious issues, philosophical beliefs and human rights in schools;
Amendment 373 #
2015/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Union to carry out a communication campaign to raise the awareness of young people, as well as supervisory staff, as regards issues of radicalisation, its causes and mechanisms; calls on the Member States to introduce specialist training for teaching staff so that they can detect any suspicious changes in behaviour and properly supervise young people who are at risk of being recruited by terrorist organisations;
Amendment 393 #
2015/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. SPoints out that the causes of radicalization are various and complex and cannot be explained solely by religious motives; stresses that it is vital to engage in a broad dialogue with civil society, the various religious communities and other relevant actors such as schools, social and legal authorities, in order to help reach a better understanding of the phenomenon of radicalisation; draws the Member States' attention to the environments where radicalization is happening and the issue of training key actors and religious leaders in order to prevent preachers of hate from appearing in places of worship in Europe, and also of training prison chaplains, particularly when they are around prisoners deemed to be radicalisedthese environments in order to prevent radicalization and recruitment to terrorist organisation;
Amendment 415 #
2015/2063(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the crucial importance of making all actors aware of their responsibility to prevent radicalisation, whether at local, national, European or international level; encourages the establishment of close cooperation between all civil society actors, including national and local platforms for cooperation between actors on the ground, such as associations, NGOs and families of victims; calls, in this regard, for the introduction of training adapted for the actors on the ground dealing with potentially radicalised European citizens; Public authorities such as the social services and legal authorities have a particular responsibility to act in accordance with fundamental rights to prevent structures in society leading to conflict and radicalization.;
Amendment 425 #
2015/2063(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Feels that those local actors have a crucial role to play in the development of projects adapted to their towns or organisations, in addition to their role as an integrating factor for those European citizens who feel at odds with society and tempted by radicalisation; feels that the Member States should support the establishment of structures facilitating, in particular, the supervision of young people, as well as exchanges with families, schools, hospitals, universities and so on; notes that such associations and organisations, which do not bear the mark of governments, sometimes achieve better results in reintegrating citizens who are on the path towards radicalisation into society;
Amendment 437 #
2015/2063(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it vital to set up an alert system in each Member State which would allow families and community members to get support and to easily and swiftly flag the development of radical behaviour or a European citizen's departure to join a terrorist organisation to the appropriate authority;
Amendment 526 #
2015/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its belief that the European Union must step up its external border controls as a matter of urgency; stresses that it will be impossible to effectively track the departures or arrivals of European citizens unless mandatory and systematic controls are introduced on the European Union's external borders; states that, to this end, one of the European Union's priorities must be reforming the Schengen Codefforts for social inclusion and the rule of law to prevent citizens from travelling to other countries to join terrorist organisations;
Amendment 550 #
2015/2063(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on Member States to share good practices in regard to exit checks on radicalised EU citizens and how to manage the return of citizens who have taken part in terrorist activities in conflict theatres abroad; supports in particular Member States confiscating the passports of EU citizens planning to join terrorist organisations; stresses however that this kind of measures must always respect the principle of proportionality because they restricts an individual's fundamental rights;
Amendment 570 #
2015/2063(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses once more the vital importance of the European Union establishing close cooperation with non-EU countries, notably transit countries and those to which foreign fighters are heading, insofar as this is possible, in order to be able to identify EU citizens leaving to fight for terrorist organisations or returning thereafter; notes however, that joint counter-terrorism efforts with third countries should not be a tool to stifle political opposition or target ethnic minorities;
Amendment 634 #
2015/2063(INI)
Motion for a resolution
Subheading X a (new)
Subheading X a (new)
X a. XI. Promoting fundamental rights and social inclusion 38. Expresses concern over prevailing racism and social segregation in all of Europe that cause increased polarisation, violence and extremism; calls on Member states to take measures to strengthen values of equality, democracy and human rights in order to prevent conflict and social exclusion 39. Emphasizes that human rights should be at the core of all cooperation countering terrorism and radicalization, and that countering terrorism and radicalization needs to ensure that security, human rights and law enforcement are not mutually exclusive but complementary. 40. Encourages the development of preventive measures against terrorism on Member state, EU- and international level that in the long run can counteract the mechanisms leading to exclusion, conflict and violence, including the combat against racism and promoting social inclusion within the EU.
Amendment 11 #
2015/2051(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that crises are not gender neutral and that gender-sensitive considerations should be included in all stages of humanitarian programming, with the participation of women’s rights groups and organisations, including local and regional ones; expresses the need to also adopt a children's perspective to conflicts and peace keeping by listening to the needs and voices of children;
Amendment 13 #
2015/2051(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. expresses the need to adopt a children's perspective to conflicts and peace keeping by listening to the needs and voices of children; stresses also the fact that every conflict or crisis is unique and need to be addressed based on prior knowledge of the prevalent context;
Amendment 16 #
2015/2051(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the introduction of the gender marker for humanitarian programming; calls on donors to use the gender marker and to monitor gender integration throughout the whole humanitarian cycle; urges all stakeholders and actors working with humanitarian assistance to adopt a gender sensitive approach to their engagement;
Amendment 29 #
2015/2051(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is deeply concerned by the increase of gender-based violence (GBV) in emergency situations; calls on State and non-State parties to comply with their legal obligations under international humanitarian law and other applicable norms, and to take measures against GBV and ensure the accountability of perpetrators; condemns every act of GBV, especially by staff working under an international mandate; Emphasizes the international declared legal basis of the right to sexual and reproductive health and rights for victims of sexual violence and for people in conflicts;
Amendment 31 #
2015/2051(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges all actors involved within conflicts to observe victims' right to all necessary health care, including the right to safe and legal abortions, as foreseen by the Geneva Conventions and their Additional Protocols;
Amendment 79 #
2015/0287(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU.
Amendment 80 #
2015/0287(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection and Article 47 of the Charter provides that everyone whose rights under Union law are violated shall have the right to an effective remedy. Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices.
Amendment 82 #
2015/0287(COD)
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for supply of digital content, taking as a base a high level of consumer protect and digital services as a common platform for all Member States while recognising Member States' competences within the Union, is necessary.
Amendment 94 #
2015/0287(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Differences in national mandatory consumer contract law rules and a lack of clear contract law rules are among the key obstaclre an essential pre-condition for a learning process which hinder the development of the supply of digital content, as very few tailor-made rules exist at Union level. Businesses face additional costs stemming from differences in national mandatory consumer contract law rules and legal uncertainty when selling digital content across borders. Businesses also face costs when adapting their contracts to specific mandatory rules for theithin the European Union, whereas a maximum harmonisation approach would bear the risk of making contractual law non-responsive to swift technological or behavioural developments and changes. This is because maximum harmonisation would prevent Member States from adopting more stringent rules in their national laws and thus prevent them from quickly and adequately responding to new business practices detrimental to consumers. Suppliers willing to supply of digital content are already emerging in several Member States, creating differences in scope and content between specific national rules governing these contracts. In those Member States where there are not yetnd digital services cross-border would benefit highly from the European Union's harmonisation efforts, despite a minimum harmonisation approach, as only very few Member States possess specific rules foron the supply of digital content, traders willing to sell cross-border face uncertainty, as they will often not know which rules apply to digital content and digital services. This gives the Union the opportunity to harmonise this area of law and set common (high) standards, while acknowledging theat Member State thes may want to export to, nor the content of those rules and whether they amaintain certain national provisions. Business-to-business transactions are regulated differently in each Member State and should re mandatory.in outside the scope of this Directive ;
Amendment 110 #
2015/0287(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In order to remedy these problems, both businesses and consumers should be able to rely on fully harmonised rulehigh common standards for the supply of digital content and digital services setting out Union-wide contractual rights which are essential for this type of transactioncreate an equal playing field for various actors.
Amendment 120 #
2015/0287(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Fully harmonised consumer contract law rules in all Member States will make it easier for businesses to offer digital content cross-border. They will have a stable contract law environment when selling online and otherwise at a distance to other Member States. Fully harmonised rules specific for digital content throughout the EUMinimum standards on a high level of consumer protection will premove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content. They will also prevent legal fragmentation that otherwise would arise fvent obstructions of the four freedoms in the area of the supply of digital content and digital services while leaving room newfor national legisldeviations regulating specifically digital content matters and without endangering the harmony of national contractual law.
Amendment 128 #
2015/0287(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Consumers willalready benefit from fully harmonisedthe European Union's past harmonisation efforts and will profit greatly from common rights for digital content and digital services at a high level of protection. They will have clear rights when they receive or access digital content and digital services from anywhere in the EU. This will increase their confidence in buyaccessing digital content. This will also contribute to reducing the detriment consumers currently suffer, since there will be a set of clear rights that will enable them to address problems they face with digital content and digital services.
Amendment 136 #
2015/0287(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should fully harmonise a set of key rules that are so far not regulated at Union level while leaving room for regulatory competition. It should include therefore rules on conformity of the digital content and digital services, remedies available to consumers in cases of lack of conformity of digital content and digital services with the contract and certain modalities for the exercise of those remedies. This Directive should also harmonise certain aspects concerning the right to terminate a long term contract, as well as certain aspects concerning the modification of the digital content.
Amendment 144 #
2015/0287(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 168 #
2015/0287(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to meet the expectations of consumers and ensure a clear-cut and simple legal framework for suppliers of digital content offered on a duratangible medium, in relation to conformity requirements and remedies available to consumers for non-conformity, this Directive should apply to goods such as DVDs and CDs, incorporatingdigital content integrated in goods such as household appliances, toys and storage devices where that digital content is embedded in such a way that the goods function only as a carrier of the digital content. Theit operates as an integral part of the goods and cannot easily be un- installed by the consumer, unless the seller proves that the lack of conformity lies in the hardware of the good. To the same avail, this Directive should also apply to the digital content supplied on a durable medium, independently whether it is soldgoods such as DVDs and CDs, incorporating digital content in such a way that the goods function only ats a distance or in face-to-face situations, so as to avoid fragmentation between the different distribution channels. Thecarrier of the digital content, unless the seller proves that the lack of conformity lies in the hardware of the good. Directive 2011/83 should continue to apply to those goods, including tohe obligations related to the delivery of goods, remedies in case of the failure to deliver and the nature of the contract under which those goods are supplied. Theis Directive is also without prejudice to the distribution right applicable to theose goods under copyright law.
Amendment 181 #
2015/0287(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) The protection of natural persons in relation to processing of their personal data is a fundamental right. If a provision of this Directive conflicts with a provision of Regulation (EU) 2016/6791a the provision of that Regulation should take precedence over this Directive. The implementation and application of this Directive should be made in full compliance with the legal framework in the field of personal data and should supplement those rules where necessary in order to ensure a parallel protection of personal privacy and the dignity it seeks to secure through contract law. The exercise of rights granted under Regulation (EU) 2016/679 in a contractual context should not be put at risk by possible claims for damages or unjustified enrichment as a consequence of the exercise of those rights, which would go against the spirit of Recital 42 of Regulation (EU) 2016/679, which states that „(c)onsent should not be regarded as freely given if the data subject has no genuine or free choice or is unable to refuse or withdraw consent without detriment." _________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
Amendment 184 #
2015/0287(COD)
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13 b) Terms not individually negotiated and that concern the processing of personal data or any other data provided by the consumer to the supplier in the context of the conclusion or performance of the contract, including data generated by the consumer's use of any digital content or services supplied, should be subject to unfairness control under the national provisions implementing Directive 93/13/EC and should not be considered as defining the main subject matter of the contract within the meaning of Article 4(2) of Directive 93/13/EC. Also, any standard term that would reduce or undermine any right afforded to the consumer as a data subject under Regulation (EU) 2016/679, including any term defining the functionality and other performance features of the digital content or digital service in a way that is not in conformity with Article 25 of Regulation (EU) 2016/679, should always be regarded as unfair within the meaning of Article 3(1) of Directive 93/13/EC.
Amendment 185 #
2015/0287(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 238 #
2015/0287(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In cases where tThe contract does notshould stipulate sufficiently clear and comprehensive benchmarks to ascertain the conformity of the digital content and digital services with the contract, i. It is also necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the purpose for which digital content or digital services of the same description would normally be used.
Amendment 256 #
2015/0287(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) In order to avoid a potential gap for contracts for the supply of digital content and digital services, the conditions for any binding commercial guarantees, notably pre-contractual information, advertising and guarantee statements should be laid down.
Amendment 261 #
2015/0287(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Due to the specific nature of digital content with its high complexity as well as the supplier's better knowledge and access to know how, technical information and high-tech assistance, it is the supplier who is in a better position than the consumer to know the reasons for the digital content or digital service not being in conformity with the contract. The supplier is also in a better position to assess whether the lack of conformity with the contract is due to incompatibility of the consumer's digital environment with the technical requirements for the digital content. Therefore, in case of a dispute, it should be for the supplier to prove that the digital content is in conformity with the contract, unless the supplier proves that the consumer's digital environment is not compatible with the digital content. Only where the supplier proves that the consumer's digital environment is not compatible with the interoperability and other technical requirements, it should be for the consumer to prove that the digital content is not in conformity with the contract.
Amendment 266 #
2015/0287(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Without prejudice to the fundamental rights to the protection of private life, including confidentiality of communications, and the protection of personal data of the consumer, the consumer should cooperate with the supplier in order to allow the supplier to ascertain the consumer's digital environment with the use of the least intrusive means which are at the disposal of both parties in the circumstances. This may often be done for instance by providing the supplier with automatically generated incident reports or details of the consumer's internet connection. Only in exceptional and duly justified circumstances where with the best use of all other means there is no other way possible, this may also be done by allowing virtual access to the consumer's digital environment. However, where the consumer does not cooperate with the supplier, it should be for the consumer to prove that the digital content or digital service is not in conformity with the contract provided that the consumer was informed about this consequence.
Amendment 272 #
2015/0287(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digitalany failure to supply the digital content or a digital service and for the lack of conformity with the contenract. Moreover, given that digital content or digital services may be supplied over a period of time, it is justified that the supplier should be liable for any lack of conformity which occurs during that period.
Amendment 283 #
2015/0287(COD)
Proposal for a directive
Recital 36
Recital 36
Amendment 290 #
2015/0287(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) This Directive should grant consumers throughout the European Union a new and unrivalled freedom in choosing remedies. A consumer should be able to require the seller to bring the digital content or digital service into conformity with the contract either through repair of the defects in the digital content or digital service or the smart good in which they are embedded or through replacement of the defective good with a conforming one. But more importantly, the consumer should be able to turn down any offer by the supplier to cure so as to require price reduction or termination of the contract. The consumer should be able to decide whether or not to give the supplier a chance to cure the defects, and in which way the supplier should cure the defects, according to his own preference. Repair or replacement might be preferable if a consumer thinks the value of the defective product is great, for example because the products are unique or the market prices of the products have gone up.
Amendment 294 #
2015/0287(COD)
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non-conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, wWhere the digital content is supplied not in exchange for a price but against access to data provided by the consumer, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to acstop processing it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter-performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. Without prejudice to obligations of a controller under Directive 95/46/ECRegulation (EU) 2016/679 the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
Amendment 307 #
2015/0287(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Upon termination the supplier should also refrain from ustop processing the content generated by the consumer. However, in those cases where more than one consumer generated particular content, the supplier is entitled to continue to use the content generated by the consumer where those other consumers make use of it.
Amendment 326 #
2015/0287(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Considering the need to balance legitimate interests of consumers and suppliers, where the digital content or a digital service are provided over a period of time in exchange for a payment of a price, gives rise to the right to terminate, the consumer should be entitled to terminate only the part of the contract which corresponds to the time when the digital content or digital service was not in conformity with the contract. However where the digital content or digital service is provided against data as a counter- performance other than money partial termination is not feasible because it is impossible to proportionally apportion a counter- performance other than money.
Amendment 330 #
2015/0287(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Due to its nature the digital content or a digital service, except when supplied as embedded software or ancillary software to a tangible good, is not subject to wear and tear while being used and it is often supplied over a period of time rather than as a one-off supply. It is, therefore, justified not to provide a period during which the supplier should be held liable for any lack of conformity which exists at the time of the supply of the digital content. Consequently Member States should refrain from maintaining or introducing such a period. Member States should remain free to rely on national prescription rules in order to ensure legal certainty in relation to claims based on the lack of conformity of digital content.
Amendment 339 #
2015/0287(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The principle of the supplier's liability for damages is an essential element of the contracts for supply of digital content. In order to increase consumers' trust in digital content this principle should thus be regulated at Union level to ensure that consumers do not suffer a detriment if their hardware or software is damaged by digital content or digital services which is not in conformity with the contract. Therefore, consumers should be entitled to a compensation for material damages caused to the consumer's digital environment and possible non-material damage resulting thereof, by a lack of conformity with the contract or a failure to supply the digital content or a digital service pursuant to the general principle that a claimant is entitled to be put in such a position as if the circumstance that caused her damage had not happened. However, it should be for Member States to lay down the detailed conditions for the exercise of the right to damages, while taking into account that discounts on prices for future supplies of the digital content, especially when offered by suppliers as an exclusive compensation for losses, do not necessarily put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 344 #
2015/0287(COD)
Proposal for a directive
Recital 45
Recital 45
(45) Due to technological or other reasons the supplier might be compelled to change features of the digital content or digital services supplied over a period of time. These changes are often to the advantage of the consumer as they improve the digital content or digital services. Consequently, the parties to the contract may include respective clauses in the contract which allow the supplier to undertake modifications. However, where such modifications negatively affect the way the consumer benefits from main performance features of the digital content or digital services, they may disturb the balance of the contract or the nature of the performance due under the contract to an extent that the consumer may not have concluded such a contract. Therefore, in such cases these modifications should be subject to certain conditions.
Amendment 359 #
2015/0287(COD)
Proposal for a directive
Recital 50
Recital 50
(50) Directive 1999/44/EC of the European Parliament and of the Council35 [1] should be amended to reflect the scope of this Directive in relation to a duragoods in which digital content or a digital service is embedded and in relation to a tangible medium incorporating digital content where it has been used exclusively as carrier of the digital content to the consumer. _________________ 35[1] OJ L 171,7.7.1999, p.12. .
Amendment 369 #
2015/0287(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down certain requiremene purpose of this Directive is the approximation of the laws, regulations and administrative provisions of the Member States on certain aspects concerning contracts for the supply of digital content or digital services to consumers, in particular rules on conformity of digital content with the contract, remedies in case of the lack of such conformity and the modalities for the exercise of those remedies as well as on modification and termination of such contracts.
Amendment 419 #
2015/0287(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6 a. "data as counter-performance" means personal data or other data provided by the consumer to the supplier in the context of the conclusion or performance of the contract, including data generated by the consumer's use of any digital content or digital service supplied, and which the supplier or a third party uses, on the basis of the consumer's consent or otherwise.
Amendment 452 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paidor undertakes to supply digital content or a digital service to the consumer in exchange for payment of a price and/or personal data or othe consumer actively provides counter-pr data provided by the consumerf ormance other than money in the form of personal data or any other data collected by the supplier or a third party.
Amendment 464 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. With the exception of Articles 5 and 11, this Directive shall apply to any durable medium incorporating digital content where the durable medium has been used exclusively as carrier of digital contentgoods in which a digital content is embedded unless the supplier proves that the lack of conformity lies in the hardware of the good. This Directive shall also apply to tangible media which serve exclusively as carrier of digital content, unless the supplier proves that the lack of conformity lies in the tangible medium.
Amendment 488 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) electronic communication services as defined in Directive 2002/21/EC;, with the exception of number-independent interpersonal communication services which are covered by this Directive.
Amendment 509 #
2015/0287(COD)
Proposal for a directive
Article 4
Article 4
Amendment 535 #
2015/0287(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The supplier shall supply the digital content or digital service immediately after the conclusion of the contract, unless the parties have agreed otherwise. The supplyier shall be deemed to take place when the digital content is suppliedhave fulfilled his obligation to supply when the digital content or digital service is made available or is accessible to the consumer or, where point (b) or (c) of paragraph 1 applies, to the third party chosen by the consumer, whichever is the earlierapplicable.
Amendment 541 #
2015/0287(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 604 #
2015/0287(COD)
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Where the digital content or digital service is incorrectly integrated into the consumer's digital environment, any lack of conformity resulting from the incorrect integration shall be regarded as lack of conformity ofwith the digital contenract if:
Amendment 607 #
2015/0287(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the digital content or digital service was integrated by the supplier or under the supplier’'s responsibility; or
Amendment 610 #
2015/0287(COD)
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the digital content or digital service was intended to be integrated by the consumer and the incorrect integration was due to shortcomings in the integration instructions where those instructions were supplied in accordance with point (cb) of Article 6(1) or should have been supplied in accordance with point (c) of Article 6(21).
Amendment 617 #
2015/0287(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. At the time tThe digital content is supplied to the consumer, theor digital contentservice shall be free ofrom any restriction resulting from any right of a third party, including based on intellectual property, so that rights, that may prevent the consumer using the digital content can be usedor digital service in accordance with the contract.
Amendment 625 #
2015/0287(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the digital content is supplied over a period of time, the supplier shall, for the duration of that period, keep the digital content supplied to the consumer free of any right of a third party, including that based on intellectual property, so thatrights following from the terms of a license, that may prevent the consumer from using the digital content can be usedor digital service in accordance with the contract.
Amendment 635 #
2015/0287(COD)
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Article 8 b Commercial guarantees for lifespan 1. The producer of a technical good in which digital content or a digital service is embedded shall guarantee to the consumer the fitness of the product for its foreseeable minimum life span and indicate how long this life span is. The indicated timeframe shall not be shorter than the legal prescription period of the Member State where the consumer has his habitual residence and shall reflect the expectations of a reasonable and typical consumer. 2. When the producer does not fulfil his obligations according to paragraph 1, he shall have the same obligations to the consumer as the supplier.
Amendment 650 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shall not apply where the supplier shows that the digital environment of the consumer is not compatible with interoperability and other technical requirements of the digital content or digital service and where the supplier informed the consumer of such requirements before the conclusion of the contract.
Amendment 656 #
2015/0287(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The consumer shall cooperate with the supplier to the extent possible and necessary to determascertaine the consumer's digital environment in order to be able to establish whether the lack of conformity existed at the time of supply. The obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer. Only in exceptional and duly justified circumstances where there are no other means available the consumer shall grant the supplier upon request virtual access to the consumer's digital environment. Where the consumer fails to cooperate, the burden of proof with respect to the non- conformity with the contract shall be on the consumer.
Amendment 664 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) any failure to supply the digital content or digital service in accordance with Article 5 and Article 11 (1);
Amendment 668 #
2015/0287(COD)
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) any lack of conformity with the contract (i) which exists at the time the digital content is supplied; andor digital service is supplied; or (ii) where the contract provides that the digital content or digital service shall be supplied over a period of time, any lack of conformity which occurs during the duration of that period.
Amendment 693 #
2015/0287(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Where the supplier has failed to supply the digital content or the digital service in accordance with Article 5 the consumer shall be entitled to terminate the contract immediately under Article 13.
Amendment 695 #
2015/0287(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The first paragraph shall not be applicable where the supplier has refused to supply the digital content or digital services or where supply within the agreed period is essential taking into account all the circumstances attending the conclusion of the contract or where the consumer informs the supplier, prior to the conclusion of the contract, that supply by or on a specified date is essential. In those cases, if the supplier fails to supply at the relevant time pursuant Article 5(2), the consumer shall be entitled to terminate the contract immediately.
Amendment 699 #
2015/0287(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a In the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to choose between the following remedies: (a) have the digital content or digital service brought into conformity with the contract, in accordance with Article 12a; (b) be entitled to a price reduction, in accordance with Article 12b; (c) terminate the contract, in accordance with Articles 13, 13a and 13b.
Amendment 700 #
2015/0287(COD)
Proposal for a directive
Article 12 – title
Article 12 – title
Amendment 706 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
In the case of a lack of conformity with the contract, the consumer shall be entitled to have the digital content or digital service brought into conformity with the contract free of charge, unless this is factually or legally impossible, disproportionate or unlawful.
Amendment 709 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – introductory part
Article 12 – paragraph 1 – subparagraph 2 – introductory part
Bringing the digital content or digital service into conformity with the contract shall be deemed to be disproportionate where the costs it imposes on the supplier are unreasonable. The following shall be taken into account when deciding whether the costs are unreasonable:
Amendment 714 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – point a
Article 12 – paragraph 1 – subparagraph 2 – point a
(a) the value the digital content or digital service would have if it were in conformity with the contract; and
Amendment 722 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 – point b
Article 12 – paragraph 1 – subparagraph 2 – point b
(b) the significance of the lack of conformity with the contract for attaining the purpose for which the digital content or digital service of the same description would normally be used.
Amendment 727 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The supplier shall bring the digital content or digital service in conformity with the contract pursuant to paragraph 1 within a reasonable time from the time the supplier has been informed by the consumer about the lack of conformity with the contract and without any significant inconvenience to the consumer, taking account of the nature of digital content and the purpose for which the consumer required this digital content.
Amendment 732 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The consumer shall be entitled to ewither a proportionate reduction of the price in the manner set out in paragraph 4 where the digital content is supplied in exchange for a payment of a price, or terminate the contract under paragraph 5 and Arthold the payment of any outstanding part of the price, or where the non- conformity is minor, an appropriate proportion of the outstanding amount of the price, until the supplier has brought the digital content or digital service into conformity with the contract. Where the digital content or digital service is to be supplied over a period of time, and for a period the digital content or digital service did not conform to the contract, the consumer may withhold payment of the pricle 13, whereby an appropriate amount.
Amendment 737 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point a
Article 12 – paragraph 3 – point a
Amendment 740 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
Amendment 744 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
Amendment 746 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 3 – point d
Article 12 – paragraph 3 – point d
Amendment 750 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 755 #
2015/0287(COD)
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 769 #
2015/0287(COD)
Proposal for a directive
Article 12 b (new)
Article 12 b (new)
Article 12 b Price reduction 1. As an alternative remedy to bringing into conformity, in the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to an appropriate reduction of the price in the manner set out in paragraph 2 where the digital content is supplied in exchange for a payment of a price. 2. The reduction in price shall be proportionate to the decrease in the value of the digital content or digital service which was received by the consumer compared to the value of the digital content or digital service would have if it were to be in conformity with the contract. 3. Where the digital content or digital service is to be supplied over a period of time, and for a certain period the digital content or digital service did not conform to the contract, the consumer shall be entitled to a price reduction proportionate to the period during which the digital content or digital service did not work conform to the contract. 4. The supplier shall reimburse the consumer without undue delay, and in any event within 14 days from the day on which the supplier was informed of the consumer's decision to invoke his right for a price reduction. The supplier shall give the refund using the same means of payment as the consumer used to pay for the digital content or digital service, unless the consumer expressly agrees otherwise. The supplier shall not impose any fee on the consumer in respect of the refund.
Amendment 770 #
2015/0287(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Termination of the contract for lack of conformity
Amendment 772 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminate the contract by notice to the supplier given by any meansAs an alternative remedy to bringing into conformity or price reduction, in the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to terminate the contract if the lack of conformity with the contract is not minor and causes or may cause a substantial effect on the consumer's use or enjoyment of the digital content or digital service. The burden of proof that the lack of conformity with the contract does not have substantial effect on the consumer's use or enjoyment of the digital content or digital service shall be on the supplier.
Amendment 785 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Where the consumer terminatesdigital content or digital service has been supplied in exchange for data as counter-performance, the consumer shall be entitled to terminate the contract for any lack of conformity with the contract:.
Amendment 786 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
Amendment 789 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
Amendment 801 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
Amendment 813 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
Amendment 815 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point e
Article 13 – paragraph 2 – point e
Amendment 824 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 830 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 836 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the digital content has been supplied in exchange for a payment of a price and over the period of time stipulated in the contract, the consumer mayshall be entitled to terminate the contract only in relation to that part of the period of time where the digital content has not been in conformity with the contractfrom the date on which the digital content or digital service ceased to be in conformity with the contract, unless the lack of conformity with the contract is such as to justify termination of the contract as a whole.
Amendment 839 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The consumer shall exercise the right to terminate the contract by an unequivocal statement setting out his decision to terminate the contract.
Amendment 841 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 845 #
2015/0287(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Amendment 851 #
2015/0287(COD)
Proposal for a directive
Article 13 b (new)
Article 13 b (new)
Article 13 b Obligations of the consumer in the event of termination 1. In the event of termination, where the digital content or digital service was not supplied on a tangible medium, the consumer shall refrain from using the digital content or making it available to third parties, in particular by deleting the digital content or rendering it otherwise unintelligible. 2.Where the digital content or digital service was supplied on a tangible medium or embedded in a good, the consumer shall (i) upon the request of the supplier, return, at the supplier's expense, the durable tangible medium or the good to the supplier without undue delay, and in any event within 14 days from the receipt of the supplier's request; and (ii) delete any usable copy of the digital content, render it unintelligible or otherwise refrain from using it or making it available to third parties. 3.The consumer shall not be liable to pay for any use made of the digital content or the digital service in the period prior to the termination of the contract.
Amendment 853 #
2015/0287(COD)
Proposal for a directive
Article 13 c (new)
Article 13 c (new)
Amendment 857 #
2015/0287(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The supplier shall be liable to the consumer for any economicmaterial damage to the digital environment of the consumer, and for non-material damage to the consumer resulting thereof, caused by a lack of conformity with the contract or a failure to supply the digital content or the digital service. Damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 870 #
2015/0287(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The consumer's right to damages under paragraph 1 shall be without prejudice to any other rights to damages under the applicable national law.
Amendment 906 #
2015/0287(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Where the consumer chooses to remain on his or her present version of digital content or digital service, the supplier shall no longer be obliged to provide for features that have a service included in the contract for the digital content or digital service which have been rendered inaccessible or un-unusable to the consumer by the consumer's refusal to integrate the modification in to their digital environment, until such time as the consumer chooses to integrate that modification.
Amendment 918 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the contract provides for the supply of the digital content for an indeterminate digital service for a fixed period or whlongere the initial contract duration or any combination of an 6 months or where any combination of subsequent contracts or renewal periods exceed 126 months from the moment of conclusion of the initial contract, the consumer shall be entitled to terminateend the contract any time after the expiration of the first 126 months period.
Amendment 928 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the digital content or digital service is supplied in exchange for a payment of a price, the consumer remains liable to pay the part of the price for the digital content or digital service supplied corresponding to the period of time before the termination becomescontract ended effectively.
Amendment 933 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – introductory part
Article 16 – paragraph 4 – introductory part
4. Where the consumer terminateends the contract in accordance with this Article:
Amendment 940 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expected in order to refrain from the use of other counter- performance than moneydata which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer;
Amendment 943 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve thesuch content or data without significant inconvenience, in reasonable time and in a commonly used data format. The aforementioned obligations do not apply to content [or data] that cannot exist outside the specific digital ecosystem in which it was generated as well as data that has been anonymised or pseudonymised; and
Amendment 961 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Upon terminationWhen the contract ends, the supplier may prevent any further use of the digital content by the consumer, in particular by making the digital content not accessible to the consumer or disabling the user account of the consumer, without prejudice to paragraph (4) point (b).
Amendment 964 #
2015/0287(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the supplier is liable to the consumer because of any failure to supply the digital content or digital service or a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the supplier shall be entitled to pursue remedies against the person or persons liable in the chain of transactions or a third party who has granted an end- use license to the consumer. The person against whom the supplier may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law.
Amendment 969 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive, taking account in particular of the need for consumers to be informed about, enabled and facilitated to enforce their rights in practice. Such means shall include legal mechanisms to enable two or more natural persons or their representative entities to claim remedies collectively where appropriate.
Amendment 971 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies,representative bodies, under justified and appropriate criteria as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are applied. Such bodies shall include, but are not limited to:
Amendment 972 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) public bodies or their representatives; and
Amendment 973 #
2015/0287(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) consumer organisations having a legitimate interest in protecting consumers; and
Amendment 977 #
2015/0287(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Directive 1999/44/EC
Article 1 – paragraph 2 – point b – indent 4
Article 1 – paragraph 2 – point b – indent 4
- a duratangible medium incorporating digital content where it has been used exclusively as carrier of the digital content to the consumer as referred to in Directive (EU) N/XXX39 . _________________ 39 Directive (EU) N/XXX of the European Parliament and of the Council of …. on contracts for the supply of digital content (OJ …)
Amendment 978 #
2015/0287(COD)
Proposal for a directive
Article 20 – paragraph 1 – indent 1 (new)
Article 20 – paragraph 1 – indent 1 (new)
Directive 1999/44/EC
Article 1 – paragraph 2 – point b – indent 4 a (new)
Article 1 – paragraph 2 – point b – indent 4 a (new)
- goods in which a digital content or is embedded, unless the supplier proves that the lack of conformity lies in the hardware of the good."
Amendment 980 #
2015/0287(COD)
1 a. In the Annex to Directive 93/13/EC, the following points are added in paragraph 1: "(qa) enabling the supplier to unduly limit the interoperability of digital content or a digital service with hardware and other digital content or digital services; (qb) requiring the consumer to conclude an additional contract for the supply of digital content or a digital service or a contract pertaining to hardware with the seller or a third party; (qc) circumventing by contractual means the rights of the data subject under Regulation (EU) 2016/679 governing the protection of consumers' personal data."
Amendment 982 #
2015/0287(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission shall, not later than on [the date of five years after entry into force] review the application of this Directive and submit a report to the European Parliament and the Council and the European Economic and Social Committee taking full account of the process of scrutiny and review on the application and implementation of this Directive. The review process shall include meaningful and detailed consultation and involvement with Member States and consumer, legal and business organisations at Union level. The report shall examine, inter alia, the case for harmonisation of rules applicable to contracts for the supply of digital content against counter-performance other than that covered by this Directive, in particular supplied against advertisement or indirect collection of data.
Amendment 32 #
2015/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home countryMember State of residence but also when they are temporarily present in another Member State of the Union.
Amendment 36 #
2015/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot continue accessing and useing the online content services that they have acquired the right to use in their home countryMember State of residence.
Amendment 58 #
2015/0284(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt theprovide a legal framework in order to ensure that the licensing of rights no longer presents barriers to cross-border portability of online content services in the Union and that the cross- border portability can be ensuredfor the provision of online content services based on a robust enforcement mechanism underpinning a legal fiction designed to permit portability of online content services to consumers who are temporarily present in a Member State other than that of residence without additional costs.
Amendment 96 #
2015/0284(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online cwhilst this Regulation does not impose disproportionatent service take measures to ensur requirements to guarantee the same quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shall not be liable if the quality of delivery of the service is lower. Nevertheless, the provider should explicitly and duly inform the subscriber on a durable medium about the quality of the delivery of an online content service in a Member State other than that of residence and about clear technical settings preventing the service provider from guaranteeing identical quality standards in the country of temporary stay. In such cases the provider shall not be liable if the quality of delivery of the service is lower. This information should be regarded as material for the purposes of Article 7(5) of Directive 2005/29/EC. Moreover, if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other Member States, the provider shall be bound by such agreement.
Amendment 114 #
2015/0284(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable, not intrusive, proportionate and do not go beyond what is strictly necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes ofTo that effect, providers should rely on the verification what mattermeans lis not the location, but rather, in which Member State the subscriber is accessing tted in this regulation. The service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required means should also not constitute an excessive burden for subscribers.
Amendment 124 #
2015/0284(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Verifications means may include the implementation of currently used means for periodic checking of relevant information of IP addresses to the extent that this is necessary for the purposes of this Regulation. Considering that for purposes of the verification what matters is not the precise location, but rather the subscriber's temporary presence in another Member State while accessing the service, data on precise location or any other personal data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient on order to deliver the service provided, identification of the subscriber should not be required. The verification process should be carried according to privacy and data protection rules.
Amendment 196 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) THowever, the provider of an online content service shall duly inform the subscriber, on a durable medium, before the subscription of the contract or, for contracts subscribed before the date of application of this Regulation, in due time before that date, of the quality of delivery of the online content service provided in accordance with paragraph 1 and of the conditions of portability set out in accordance with this Regulation.
Amendment 199 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1 a (new)
Article 3 – paragraph 3 – subparagraph 1 a (new)
Notwithstanding paragraph 2 of this Article, and unless objective technical failures occur, providers of online content services shall guarantee to the subscriber temporarily present in a Member State other than that of residence the same level of quality that is provided to the subscribers habitually residing in the Member State where he or she is temporarily present.
Amendment 204 #
2015/0284(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) Online service providers shall not limit the obligations set out in paragraph 1 of Article 3 on the basis of the use of any specific technology or devices.
Amendment 214 #
2015/0284(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Option to enable portability The provider of an online content service provided without payment of money may choose to enable its subscribers who are temporarily present in a Member State to access and use the online content service on the condition that the provider verifies effectively the subscriber's Member State of residence in accordance with this Regulation. The service provider shall inform subscribers, the relevant holders of copyright and related rights and those holding any other rights in the content of online content service of its decision to provide the online content service in accordance with paragraph 1 of this Article prior to providing that service. The information shall be provided by means which are adequate and proportionate. If the provider chooses to provide the online content service in accordance with paragraph 1 of this Article, this Regulation shall apply to that provider entirely.
Amendment 249 #
2015/0284(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1a) Three years after the entry into force of this Regulation, and at three-year intervals thereafter, the Commission shall assess the application of this Regulation and submit to the European Parliament and to the Council a report on the application of this Regulation. The report shall include, inter alia, an assessment of the effectiveness of the verification means of the Member State of residence, including newly developed industry standards and practices, and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by legislative or non-legislative proposal(s).
Amendment 28 #
2015/0278(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services This will increase the availability of accessible products and services and create preconditions for fair participation on the internal market.
Amendment 33 #
2015/0278(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Women and girls with disabilities are facing multiple forms of discrimination which have an impact of products and services. Therefore it is necessary for Member States to adopt a perspective of gender equality when deciding upon measures and requirements on accessibility and increased participation on the internal market for persons with disabilities.
Amendment 35 #
2015/0278(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) The fact that women and girls with disabilities face multiple forms of discrimination and the gender imbalance of the caretaking require for increased accessibility within all sectors.
Amendment 70 #
2015/0278(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Due to the differences in national accessibility requirements, individual professionals, SMEs and micro-enterprises in particular are discouraged from entering into business ventures outside their own domestic markets. The national, or even regional or local, accessibility requirements that Member States have put in place currently differ as regards both coverage and level of detail. Those differences negatively affect competitiveness and growth and the participation of consumers, due to the additional costs incurred in the development and marketing of accessible products and services for each national market.
Amendment 74 #
2015/0278(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Consumers of accessible products and recipients of accessible services are faced with high prices due to limited competition among suppliers and the lack of common minimum rules for accessibility on the internal market. Fragmentation among national regulations reduces potential benefits from sharing experiences with national and international peers in responding to societal and technological developments.
Amendment 79 #
2015/0278(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to ensure full respect for the rights of persons with disabilities, with a perspective of gender equality, to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community and to promote the application of Article 26 of the Charter of Fundamental Rights of the European Union.
Amendment 90 #
2015/0278(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selectedThe requirements laid down through this directive must ensure to enable full participation on the internal market for all and seek to diminish the obstacles facing persons with disabilities in order to guarantee a well-functioning internal market, fair living conditions and accessible society throughout the European Union. By increasing the participation on the internal market for all, the economic operators will be able to seek new business opportunities.
Amendment 101 #
2015/0278(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Most jobs in the Union are provided by SMEs and micro-enterprises. They have a crucial importance for future growth, but very often face hurdles and obstacles in developing their products or services, notably in the cross-border context. It is therefore necessary to facilitate the work of the SMEs and micro- enterprises by harmonising the national provisions on accessibility while maintaining the necessary safeguards.
Amendment 103 #
2015/0278(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The manufacturer having detailed knowledge of the design and production process is best placed to carry out the complete conformity assessment procedure. The obligations for conformity assessment should rest with the manufacturer. However, consumers, organisations and relative public agencies should have the opportunity to report any abuse correlating to the requirements laid down in this directive by economic operators, especially if the products or services provided creates a negative impact on the living conditions and/or ability to participate on the internal market for persons with disabilities or infringes upon the principle of gender equality.
Amendment 114 #
2015/0278(COD)
Proposal for a directive
Recital 48
Recital 48
(48) Member States are expected to ensure that market surveillance authorities check the compliance of the economic operators with the criteria referred to in Article 12 (3) in accordance with Chapter V, by continuous dialogue with organisations representing persons with disabilities.
Amendment 116 #
2015/0278(COD)
Proposal for a directive
Recital 50
Recital 50
(50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with organisations representing persons with disabilities and the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 133 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decidshall guarantee, in the light of national conditions, that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including persons with disabilities, and the elderly.
Amendment 135 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. These registers shall be made public and continuously updated with the measures taken by the manufacturer related to the non-conforming products and products recalled.
Amendment 137 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in Article 3.
Amendment 138 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. These registers shall be made public and continuously updated with the measures taken by the importer related to the non-conforming products and products recalled.
Amendment 140 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.
Amendment 141 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have made available on the market.
Amendment 143 #
2015/0278(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Service providers shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in Article 3. They shall cooperate with those authorities, at their request, on any action taken to bring the service in conformity with those requirements.
Amendment 145 #
2015/0278(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The EU declaration of conformity shall state that the fulfilment of the relevant accessibility requirements referred to in Article 3 has been demonstrated. Where the exception provided for in Article 12 has been used, the EU declaration of conformity shall state which accessibility requirements are subject to that exception together with an explanatory reason.
Amendment 147 #
2015/0278(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasive enough to not constitute an alternative for the economic operators from not conforming their products or services to the requirements laid down.
Amendment 164 #
2015/0278(COD)
Proposal for a directive
Citation 1 a (new)
Citation 1 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, in particular Article 26 thereof,
Amendment 165 #
2015/0278(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The purpose of this Directive is to contribute to the proper functioning of the internal market by approximating laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services This will increase the availiability of accessible products and services on the internal market.
Amendment 167 #
2015/0278(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Women and girls with disabilities are facing multiple forms of discrimination, which have an additional impact on the accessibility to products and services. Therefore, it is necessary for Member States to adopt a perspective of gender equality when deciding upon measures and requirements on accessibility and increased participation on the internal market for persons with disabilities.
Amendment 170 #
2015/0278(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The disparities between the laws and administrative measures adopted by the Member States in relation to accessibility of products and services for persons with functional limitations includingand persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market. Economic operators, in particular small and medium-sized enterprises (SMEs), are particularly affected by those barriers.
Amendment 174 #
2015/0278(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The approximation of national measures at Union level is therefore necessary for the proper functioning of the internal market in order to put an end to fragmentation in the market of accessible products and services, to create economies of scale, to facilitate cross-border trade, freedom of movement of products and services, free movement of persons and mobility, as well as to help economic operators to concentrate resources on innovation instead of using those resources for complying with fragmented legal requirements across the Union.
Amendment 179 #
2015/0278(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The entry into force of the Convention in the Member States’ legal orders entails the need to adopt additional national provisions on accessibility of products and services and the built environment related to the provision of goods and services which without Union action would further increase disparities between national provisions.
Amendment 182 #
2015/0278(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Products and services falling within the scope of this Directive are the result of a screening exercise, carried out during the preparation of the Impact Assessment that identified those relevant products and services for persons with functional limitations, includingolder persons and persons with disabilities and older persons, for which Member States have adopted or are likely to adopt diverging national accessibility requirements.
Amendment 186 #
2015/0278(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements in the least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selectedThe requirements laid down in this Directive must ensure to enable full participation on the internal market, including the built environment, for all and seek to diminish the obstacles facing persons with disabilities in order to guarantee a well-functioning internal market, fair living conditions and accessible society throughout the Union. By increasing the participation on the internal market for all, the economic operators will be able to seek new business opportunities.
Amendment 189 #
2015/0278(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is necessary to introduce the accessibility requirements which enable all people to fully use the products and services and infrastructure, including the built environment, covered by this Directive in the least burdensome manner for the economic operators and the Member States, notably by only including in the scope the products and services which have been thoroughly selected.
Amendment 193 #
2015/0278(COD)
Proposal for a directive
Recital 19
Recital 19
(19) It is therefore necessary to specify accessibility requirements for the placing on the market of products and services as well as the built environment connected to the provision of those products and services which fall within the scope of this Directive in order to ensure their free circulation in the internal market.
Amendment 198 #
2015/0278(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The Commission’s proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council34 includes accessibility requirements for a specific set of public sector bodies’' websites. In addition, it proposes to establishes the basis for a monitoring and reporting methodology of the compliance of the relevant websites and mobile applications with the requirements listed in that Directive. Both the accessibility requirements and the monitoring and reporting methodology included in that Directive are to apply to the public sector bodies' websites and mobile applications. With the purpose of, notably, ensuring that relevant authorities implement the same accessibility requirements independently of the type of regulated website and mobile applications, the accessibility requirements set out in this Directive should be aligned to those of the proposed Directive on the accessibility of public sector bodies’ websitesDirective (EU) 2016/2102. Activities of ecommerce of public sector websites and mobile applications which are not covered by that Directive, fall under (EU) 2016/2102 fall within the scope of this proposalDirective, in order to ensure that the online sale of products and services is accessible for persons with disabilities and older persons, irrespective of their public or private sale. __________________ 34 Proposal for a DirectiveDirective (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of public sector bodies' websites COM(2012) 721the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1) .
Amendment 202 #
2015/0278(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In some situations,Without common accessibility requirements of the built environment would facilitate the free movement of the related services and ofconnected to products and services, any accessibility standards of goods and services cannot be effective in ensuring accessibility for persons with disabilities. . Therefore, this Directive enablesshould oblige Member States to include the built environment used in the provision of the products and services under the scope of this Directive, ensuring compliance with the accessibility requirements set in Annex X.
Amendment 220 #
2015/0278(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) However, consumers, organisations and relative public agencies should have the opportunity to report any abuse relating to the requirements laid down in this Directive by economic operators, in particular if the products or services provided creates a negative impact on the living conditions and/or ability to participate on the internal market for persons with disabilities or infringes upon the principle of gender equality.
Amendment 225 #
2015/0278(COD)
Proposal for a directive
Recital 36
Recital 36
(36) For reasons of proportionality, accessibility requirements should only apply to the extent that they do not impose a disproportionate burden on the economic operator concerned, or require a change in the products and services which would result in their fundamental alteration in accordance with the specified criteria. Only legitimate reasons should be taken into account in any assessment of the extent to which the accessibility requirements cannot be met because they would impose a disproportionate burden. Lack of priority, time or knowledge should not be considered as legitimate reasons.
Amendment 228 #
2015/0278(COD)
Proposal for a directive
Recital 37
Recital 37
(37) This Directive should follow the principle of 'think small first' and shouldbe wide- reaching, while also takeing account of the administrative burdens that SMEs are faced with. It should set lightprecise and effective rules in terms of conformity assessment and should establish safeguard clauses for economic operators, rather than providing for general exceptions and derogations for those enterpriseseconomic operators could invoke safeguard clauses under exceptional circumstances only, rather than providing for general exceptions and derogations for those enterprises. Exceptions to the rules of conformity assessment should be interpreted restrictively. Consequently, when setting up the rules for the selection and implementation of the most appropriate conformity assessment procedures, the situation of SMEs should be taken into account and the obligations to assess conformity of accessibility requirements should be limited to the extent that they do not pose a disproportionate burden on SMEs. In addition, market surveillance authorities should operate in a proportionate manner in relation to the size of undertakings and to the small serial or non-serial nature of the production concerned, without creating unnecessary obstacles for SMEs and without compromising the protection of public interests.
Amendment 232 #
2015/0278(COD)
Proposal for a directive
Recital 40
Recital 40
(40) In the absence of harmonised standards and where needed for market harmonisation purposes, the Commission should be able adopt or to specify needs of persons with functional limitations and persons with disabilities, the Commission should be able adopt, in cooperation with organisations representing persons with disabilities, implementing acts establishing common technical specifications for the accessibility requirements set in this Directive.
Amendment 243 #
2015/0278(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In accordance with Regulation (EC) No 765/2008 by affixing the CE marking to a product, the manufacturer declares that the product is in conformity with all applicable accessibility requirements and that he takes full responsibility therefor. The manufacturer should add a clear reference to accessibility next to the CE marking in order to better inform consumers.
Amendment 250 #
2015/0278(COD)
Proposal for a directive
Recital 50
Recital 50
(50) A safeguard procedure should be set up which applies only in the event of disagreement between Member States over measures taken by a Member State under which interested parties are informed of measures intended to be taken with regard to products not complying with the accessibility requirements of this Directive. It should allow market surveillance authorities, in cooperation with organisations representing persons with disabilities and the relevant economic operators, to act at an earlier stage in respect of such products.
Amendment 257 #
Amendment 258 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1. In order to improve the functioning of the internal market, this Directive aims at approximating the laws, regulations and administrative provisions of the Member States, by eliminating barriers to the free movement of certain accessible products and services.
Amendment 263 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b – introductory part
Article 1 – paragraph 1 – point b – introductory part
(b) the following self-service terminals, including:
Amendment 268 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – point b – point iii a (new)
Article 1 – paragraph 1 – point b – point iii a (new)
(iiia) payment terminals.
Amendment 277 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 1 – point da (new)
Article 1 – paragraph 1 – point da (new)
(da) e-book readers.
Amendment 293 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
(d) banking and payment services;
Amendment 297 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point e
Article 1 – paragraph 2 – point e
(e) e-books and e-book readers;
Amendment 302 #
2015/0278(COD)
Proposal for a directive
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) websites and mobile device-based services of postal, energy and insurance providers.
Amendment 328 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
(1) “accessible products and services” are products and services that are perceptible, operable and, understandable and robust for persons with functional limitations, including and persons with disabilities, on an equal basis with others;
Amendment 335 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “universal design” referred to also as “design for all” means the design of products, environments, programmes and services to be usable by all people, to the greatest extent possible, without the need for adaptation or specialised design; “universal design” does not exclude assistive devices for particular groups of persons with functional limitations, including and persons with disabilities where this is needed;
Amendment 347 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 a (new)
Article 2 – point 21 a (new)
(21a) "assistive technology" means any item, piece of equipment, or product system that is used to increase, maintain, or improve functional capabilities of individuals with functional limitations, and persons with disabilities and older people;
Amendment 349 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 b (new)
Article 2 – point 21 b (new)
(21b) "specific access service" means a service such as audio description, subtitles for the deaf and hard of hearing, and signing that improves the accessibility of audiovisual content, namely programs, for persons with disabilities;
Amendment 350 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 c (new)
Article 2 – point 21 c (new)
(21c) "Subtitles for deaf persons and hard of hearing (SDH) persons" means synchronized visual text alternatives for both speech and non-speech audio information needed to understand the media content;
Amendment 351 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 d (new)
Article 2 – point 21 d (new)
(21d) "audio description" means additional audible narrative, interleaved with the dialogue, which describes the significant aspects of the visual content of audiovisual media that cannot be understood from the main soundtrack alone;
Amendment 352 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 e (new)
Article 2 – point 21 e (new)
(21e) "spoken subtitles or audio subtitles" means read aloud of subtitles in the national language when the audio speech is in a different language;
Amendment 353 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 f (new)
Article 2 – point 21 f (new)
(21f) "relay services" means phone services operated by interpreters that enable people who are deaf or hard of hearing or who have a speech impairment, to communicate by phone through an interpreter with a person who can hear in a manner that is "functionally equivalent" to the ability of an individual without a disability;
Amendment 354 #
2015/0278(COD)
Proposal for a directive
Article 2 – point 21 g (new)
Article 2 – point 21 g (new)
(21g) "real time text" means communication using the transmission of text where characters are transmitted by a terminal as they are typed in such a way that the communication is perceived by the user as being continuous;
Amendment 359 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. General purpose computer hardware and operating systems and e- books readers shall comply with the requirements set out in Section I of Annex I.
Amendment 365 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The following self-service terminals: Automatic Teller Machines, ticketing machines, payment terminals and check-in machines shall comply with the requirements set out in Section II of Annex I.
Amendment 376 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Banking services,and payment services, including the websites, the mobile device- based banking and payment services, self- service terminals, including payment terminals and Automatic Teller machines used for provision of banking and payment services shall comply with the requirements set out in Section VI of Annex I.
Amendment 381 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. E-books and e-book readers shall comply with the requirements set out in Section VII of Annex I.
Amendment 387 #
2015/0278(COD)
Proposal for a directive
Article 3 – paragraph 10
Article 3 – paragraph 10
10. Member States may decide, in the light of national conditions,shall ensure that the built environment used by clients of passenger transport services including the environment that is managed by service providers and by infrastructure operators as well as the built environment used by clients of banking services, and customer services centres and shops under the scope of telephony operators as well as any other service or place for the purchase of any of the products included in this Directive shall comply with the accessibility requirements of Annex I, section X, in order to maximise their use by persons with functional limitations, including and persons with disabilities.
Amendment 404 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Where compliance of a product with the applicable accessibility requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking. They shall include an additional clear reference to accessibility.
Amendment 413 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Manufacturers shall ensure that the product is accompanied by instructions and safety information in a language which can be easily understood by consumers and end-users, as determined by the Member State concerned. The provision of instructions and safety information to consumers should be done in accessible and multiple formats.
Amendment 424 #
2015/0278(COD)
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market and to ensure compliance with the requirements referred to in Article 3.
Amendment 446 #
2015/0278(COD)
Proposal for a directive
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.
Amendment 463 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have made available on the market.
Amendment 464 #
2015/0278(COD)
Proposal for a directive
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
6a. Distributors shall ensure proper and continuous training of personnel to be knowledgeable in how to use accessible products and deliver accessible services. That training shall cover issues such as information provision, advice and advertising.
Amendment 470 #
2015/0278(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Service providers shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the accessibility requirements referred to in Article 3. They shall cooperate with those authorities, at their request, on any action taken to bring the service in conformity with those requirements.
Amendment 472 #
2015/0278(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Even if a service, or part of a service, is subcontracted to a third party, the accessibility of that service should not be compromised and the obligations of this Directive shall apply.
Amendment 473 #
2015/0278(COD)
Proposal for a directive
Article 11 – paragraph 4 b (new)
Article 11 – paragraph 4 b (new)
4b. Service providers shall ensure proper and continuous training of personnel to be knowledgeable in how to use accessible products and services. That training shall cover issues such as information provision, advice and advertising.
Amendment 477 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the estimated costs and benefits for the economic operators in relation to the estimated benefit for persons with functional limitations and persons with disabilities, taking into account the frequency and duration of use of the specific product or service.
Amendment 491 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where the economic operators have used the exception provided for in paragraphs 1 to 5 for a specific product or service they shall notify the relevant market surveillance authority of the Member State in the market of which the product or service is placed or made available. Notification shall include the assessment referred to in paragraph 3. Microenterprises are exempted from this notification requirement but must be able to supply the relevant documentation upon request from a relevant market surveillance authority. The market surveillance authority shall systematically verify the assessment for such an exemption to be granted.
Amendment 495 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. A structured dialogue shall be established between relevant stakeholders, including organisations representing persons with disabilities and the market surveillance authorities to ensure that adequate principles for the assessment of the exemptions are established to make sure they are coherent.
Amendment 497 #
2015/0278(COD)
Proposal for a directive
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
6b. Member States are encouraged to provide incentives and guidelines to microenterprises and SMEs to facilitate the implementation of this Directive. The procedures and guidelines shall be developed in consultation with relevant stakeholders, including organisations representing persons with disabilities.
Amendment 499 #
2015/0278(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Relevant stakeholders, including organisations representing persons with disabilities, shall be consulted systematically as part of the procedure for the adoption of implementing acts.
Amendment 502 #
2015/0278(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. In addition to the EU declaration of conformity, a notice on the packaging shall inform consumers in a simple and precise way that the product incorporates accessibility features.
Amendment 543 #
2015/0278(COD)
Proposal for a directive
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) the estimated costs and benefits for the competent authorities concerned in relation to the estimated benefit for persons with functional limitations and persons with disabilities, taking into account the frequency and duration of use of the specific product or service;
Amendment 547 #
2015/0278(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Where a competent authority has used the exception provided for in paragraphs 1, 2 and 3 for a specific product or service it shall notify the Commission thereof. The notification shall include the assessment referred to in paragraph 2 and it shall be made available to the public in accessible formats.
Amendment 555 #
2015/0278(COD)
Proposal for a directive
Article 25 – paragraph 2 – point b a (new)
Article 25 – paragraph 2 – point b a (new)
(ba) provisions whereby a comprehensive and adequately resourced complaints mechanism for consumers is established to complement a system of implementation and monitoring.
Amendment 561 #
2015/0278(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The penalties provided for shall be effective, proportionate and dissuasive enough to not constitute an alternative for the economic operators from not conforming their products or services to the accessibility requirements laid down in this Directive.
Amendment 568 #
2015/0278(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. They shall apply those provisions from [… insert date - six years after the entry into force of this Directive].:
Amendment 569 #
2015/0278(COD)
Proposal for a directive
Article 27 – paragraph 2 – point a (new)
Article 27 – paragraph 2 – point a (new)
(a) ... [three years after the date of entry into force of this Directive] for products and services referred to in Article 1;
Amendment 570 #
2015/0278(COD)
Proposal for a directive
Article 27 – paragraph 2 – point b (new)
Article 27 – paragraph 2 – point b (new)
(b) ... [ten years after the date of entry into force of this Directive] for provisions linked to the built environment referred to in Article 3(10).
Amendment 571 #
2015/0278(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Member States using the possibility provided for in Article 3(10) shall communicate to the Commission the text of the main provisions of national law which they adopt to that end and shall report to the Commission on the progress made in their implementation.
Amendment 575 #
2015/0278(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The report shall, based on the notifications received, assess whether this Directive has achieved its objectives, in particular with regard to enhancing the free circulation of accessible products and services. It shall, inter alia, address in the light of social, economic and technological developments and the level of compliance with this Directive, the evolution of the accessibility of products and services and the need to include or exclude new products and services under the scope of the Directive. The Commission shall also evaluate the functioning of Articles 12 and 22 and their impact on economic operators and persons with disabilities, identifying where possible, areas for burden reduction, with a view to assessing the need to review this Directive.
Amendment 659 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part A – point 1
Annex I – Section IX – Part A – point 1
Amendment 660 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part A – point 1 – point 1 – introductory part
Annex I – Section IX – Part A – point 1 – point 1 – introductory part
Amendment 675 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part A – point 2
Annex I – Section IX – Part A – point 2
Amendment 687 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point e
Annex I – Section IX – Part B – point 1 – point e
(e) making websites and online applications needed for the provision of the service accessible in a consistent and adequate way for users’' perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level;
Amendment 688 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point e a (new)
Annex I – Section IX – Part B – point 1 – point e a (new)
(ea) making mobile-based services including mobile applications needed for the provision of the services accessible in a consistent and adequate way for users' perception, operation and understanding, including the adaptability of content presentation and interaction, when necessary providing an accessible electronic alternative; and in a robust way which facilitates interoperability with a variety of user agents and assistive technologies available at Union and international level.
Amendment 689 #
2015/0278(COD)
Proposal for a directive
Annex I – Section IX – Part B – point 1 – point f
Annex I – Section IX – Part B – point 1 – point f
(f) providing accessible information to facilitate complementarities with assistive services; and technologies, including hearing technologies, such as hearing aids, telecoils, cochlear implants, and assistive listening devices.
Amendment 692 #
2015/0278(COD)
Proposal for a directive
Annex I – Section X – title
Annex I – Section X – title
SECTION X - ACCESSIBILITY REQUIREMENTS FOR THE PURPOSE OF ARTICLE 3(10) CONCERNING THE BUILT ENVIRONMENT WHERE THE PRODUCTS AND SERVICES UNDER THE SCOPE OF THIS DIRECTIVE ISARE PROVIDED
Amendment 693 #
2015/0278(COD)
Proposal for a directive
Annex I – Section X – point a
Annex I – Section X – point a
(a) use of related outdoor areas and facilities under the responsibility of the service provider;
Amendment 694 #
2015/0278(COD)
Proposal for a directive
Annex I – Section X – point b
Annex I – Section X – point b
(b) approaches to buildings under the responsibility of the service provider;
Amendment 695 #
2015/0278(COD)
Proposal for a directive
Annex I – Section X – point g
Annex I – Section X – point g
(g) use of equipment and facilities used in the provision of the product or service;
Amendment 199 #
2015/0269(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Firearm owners must observe rules that guarantee safety by means of a standard set of minimum requirements for the safe storage of each individual firearm the possession of which requires that it be safely stored. When they are not in use, the firearms concerned should always be stored in, for example, a secure storage cabinet or similar secure storage space. The owners of such firearms are responsible for giving the authority designated by the Member State access to check the storage criteria.
Amendment 264 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and their components by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokersintroduce strict requirements as regards the possibilities for identifying all parties involved, including arms dealers, arms brokers and private individuals, and establishing that individual purchasers have the right to possess the firearms concerned.
Amendment 273 #
2015/0269(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In order for one private individual to sell firearms to another private individual by means of distance communication, for example on the internet, the designated authority – e.g. a Member State police authority – must first carry out detailed checks when the application to sell and purchase firearms is being made. A system in which both parties to a sale can be identified by the designated authority and in which there is prior notification of both sale and purchase means that security can also be ensured for sales made using distance communication.
Amendment 559 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Member States shall provide for standard medical tests tests that are adapted in line with existing Member State legislation to check suitability before issuing or renewing authorisations as referred to in paragraph 1 and shall withdraw authorisations if any of the conditions on the basis of which it was granted is no longer met.
Amendment 575 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Tests carried out before authorisation to possess a firearm is issued shall be based on suitability criteria in respect of which the relevant authority is responsible for ascertaining whether the specified criteria have been met. The criteria specified by the Member States must also reflect the reason given for the possession of firearms.
Amendment 639 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and private individuals concerning categories B and C and shall be subject to the strict control of the Member States.
Amendment 667 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 91/477/EEC
Article 7 – paragraph 4 – subparagraph 2 (new)
Article 7 – paragraph 4 – subparagraph 2 (new)
Amendment 767 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – category A – point 7
Annex I – part II – point A – category A – point 7
Amendment 796 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
Amendment 2 #
2014/2254(INI)
Draft opinion
Recital A
Recital A
A. whereas, in spite of the progress made in recent years, a considerable number of women in Europe continue to be victims of violence and discrimination, whicha certain degree of progress made in some areas in recent years, one in two women have at some point in their lives experienced one or more forms of sexual harassment, and one in three women in the EU have, after the age of 15, experienced physical and/or sexual violence at some point in their lives, and whereas this is turning into a constant infringement of human rights;
Amendment 14 #
2014/2254(INI)
Draft opinion
Recital B
Recital B
B. whereas the violence suffered by women includes physical, sexual and psychological abuse, child abuse, sexual harassment and stalking, also because of the new technologies and the internet, and whereas in some cases this violence results in femicides and/or so-called crimes of honournd restrictions on the right to self-determination over their own bodies; whereas hate, threats and harassment are also conveyed using new technologies and the internet, and whereas this is characterised by misogynistic language, threats and online slurs, and in some cases results in physical, psychological and sexual violence and even to women being murdered;
Amendment 30 #
2014/2254(INI)
Draft opinion
Recital C
Recital C
C. whereas gender discrimination continues to this day, having serious repercussions on work and private life, and whereas this frequently happens in the field of education, training and serviceshappens in all sectors, either directly, or as a result, for example, of a lower value being placed on occupations dominated by women and the fact that only five per cent of company board chairs in the EU are women; whereas there are often cases of multiple discrimination against women on grounds other than gender, such as ethnic origin, belief, class, sexual orientation and disability;
Amendment 50 #
2014/2254(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to promote a strategy and action plan to combat all forms of violence against women and homophobiand injustice against women, improving prevention and providing protection and assistance to victims, paying special attention to the most vulnerable people, such as children, the elderly and victims of multiple discrimination; emphasises the importance of an action plan with specific proposals for action to promote equality within the EU and combat all forms of violence against women and discrimination on the grounds of gender, ethnic origin, belief, class, sexual orientation and disability;
Amendment 64 #
2014/2254(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is alarmed at the under-representation of women in decision-making processes, companies and the political spheres; calls on the EU institutions and on the Member States to work actively with gender mainstreaming, wage mapping and the fair division of parental leave; notes that social vulnerability and weak social inclusion stem from the fact that fewer women than men are in employment, and more women than men work part-time;
Amendment 67 #
2014/2254(INI)
Motion for a resolution
Citation 27 a (new)
Citation 27 a (new)
– recalling the Principles relating to the status of National Institutions for the Promotion and Protection of Human Rights (the 'Paris Principles'), annexed to UN General Assembly Resolution 48/134
Amendment 79 #
2014/2254(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to give the National Institutes for Gender Equality independence and financial autonomy so that they can acquire the necessary staff and play an authoritative role; emphasises the importance of the Member States cooperating with the European Parliament in gender equality work to implement action plans and targeted recommendations as regards boosting equality, combating violence against women and achieving a higher level of inclusion of women in society, regardless of the Member State the women are in;
Amendment 137 #
2014/2254(INI)
Motion for a resolution
Recital G
Recital G
G. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; such as the violations of the right to freedom of assembly and expression of civil society organisations, freedom of media, the institutional discrimination of LGBTI persons through marriage bans and anti- propaganda legislation, and the remaining high-levels of discrimination and hate crime and hate speech motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
Amendment 247 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point -a (new)
Paragraph 6 – point -a (new)
(-a) providing an early warning system on breaches of the fundamental values of the European Union, including cases of systemic discrimination,
Amendment 248 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point -a (new)
Paragraph 6 – point -a (new)
(-a) providing an annual review of the state of play of the fundamental values of the European Union that subsequently covers all Member States;
Amendment 256 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point b
Paragraph 6 – point b
(b) clearly defining the criteria for its application and ensuring that it is implemented swiftly and pro- actively without waiting for fundamental rights violations to materialise;
Amendment 268 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 – point d
Paragraph 6 – point d
(d) ensuring that Article 7 TEU is implemented automatically, should such a mechanism fail, and thatinvestigating the possibility of imposing further penalties in keeping with European law is consideredthat would ensure the effective functioning of the mechanism;
Amendment 273 #
2014/2254(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States to establish and strengthen National Human Rights Institutions in line with the 'Paris Principles' to ensure an independent promotion and protection of Human Rights on the national level;
Amendment 306 #
2014/2254(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instances of anti-Semitic and anti-Islamislamophobic discrimination and violence as well as the increasing tendencies of antigypsyism in Europe that gives raise to violence against Roma that is often not reported or recorded; calls on Member States to protect freedom of religion or belief and to promote tolerance;
Amendment 328 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. deplores the fact that violence against women is one of the major security threats that affects half of the EU population in its different forms;
Amendment 338 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Deplores incidents of hate speech and hate crime motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity, which occur in the EU on a daily basis; calls on Member States to protect fundamental rights and to promote tolerance;
Amendment 348 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the EU and the Member States to combat and prosecute all forms of violence against women; calls on the Commission to propose a legislative initiative to prohibit violence against women in the EU;
Amendment 418 #
2014/2254(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Urges the EU and Member States to include multiple discrimination within equality policies;
Amendment 440 #
2014/2254(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the fact that negotiations withat the Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled, andprinciple of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritization of this Directive by the European Commission; reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 444 #
2014/2254(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the fact that negotiations withat Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled,principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritisation of this Directive by the European Commission; and reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 461 #
2014/2254(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the EU and the Member States to ban all discrimination on grounds of gender identity and to combat and prosecute all forms of violence and discrimination against women;
Amendment 514 #
2014/2254(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Condemns all forms of discrimination and violence on EU territory against lesbian, gay, transsexualgender, bisexual and intersex people (LGBTI), as fostered by laws and policies that restrict the fundamental rights of these persons; calls on the Commission and Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Commission to issue an action plan or strategy against homophobia and for equality on grounds of sexual orientation and gender identity by the end of this year, as repeatedly called for by Parliament and as promised by Commissioner Jourova in the process of the Commission hearings;
Amendment 523 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;
Amendment 525 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Considers that LGBTI people's fundamental rights are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership or marriage; welcomes the fact that 18 Member States currently offer these options, and calls on other Member States to consider doing so;
Amendment 530 #
2014/2254(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls its resolution of 4 February 2014 on the EU Roadmap against homophobia and discrimination on grounds of sexual orientation and gender identity and calls upon the European Commission to put forward an EU LGBTI Strategy, comparable to the LGBTI Guidelines adopted by the Foreign Affairs Council of 24 June 2013;
Amendment 638 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – introductory part
Paragraph 14 – introductory part
14. DUnderlines the fundamental right to seek asylum and deplores the repeated and tragic losses of life in the Mediterranean; reiterates the need to make every possible effort to:
Amendment 705 #
2014/2254(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Condemns the practice of detaining irregular migrants, including potential asylum seekers and unaccompanied minors, also when this is a prelude to their expulsion; calls on Member States to comply with the provisions of the ‘Return Directive’;
Amendment 745 #
2014/2254(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines the importance of respecting the fundamental rights of all migrants disregarding their status and particularly the rights of migrant children; calls on the Member States to ensure that personnel who are responsible for migrants within their territory have the necessary knowledge and resources to make sure that fundamental rights are not breached;
Amendment 760 #
2014/2254(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Expresses its concern over the particularly severe impact of austerity measures on the rights of those who are already in vulnerable situations; deplores the disproportionate negative impact of the crisis on the right to education for children with disabilities, Roma children and children with a migrant background;
Amendment 830 #
2014/2254(INI)
Motion for a resolution
Subheading 6
Subheading 6
Amendment 835 #
2014/2254(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that corruption represents a serious fundamental rights violation; calls on the Member States and institutions to devise effective instruments for combating corruption and to monitor regularly the use of public funds, be they European or national; underlines that increased transparency and access to public documents by citizens and journalists is an efficient way to expose and combat corruption;
Amendment 847 #
2014/2254(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that the right of citizens to access documents held by public institutions empowers citizens and allows them to scrutinise and evaluate public authorities and hold them to account, while also rendering other rights more effective, particularly the freedom of speech and the right to information; Calls on the Commission and Council to restart the negotiations on the recast of Regulation 1049/2001 on public access to document working on the basis that the EU cannot take any steps backward on transparency;
Amendment 885 #
Amendment 891 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Recognises that the financial and economic crisis has had a serious negative impact on the realisation of children’s rights and well-being;
Amendment 893 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation ‘Investing in children: breaking the cycle of disadvantage’ through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children’s participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
Amendment 895 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Invites the European Commission to propose an ambitious and comprehensive successor to the EU Agenda on the Rights of the Child in 2015;
Amendment 897 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Encourages all Member States to make a contribution to the realisation of children’s rights through the ratification of the Third Optional Protocol to the United Nations Convention on the Rights of the Child on a Communications Procedure;
Amendment 4 #
2014/2251(INI)
Motion for a resolution
Recital B
Recital B
B. whereas gender equality is a basic precondition for the full enjoyment of human rights by women and girls and is essential for their empowerment and the achievement of a sustainable and inclusive society; whereas the insufficient use of human capital decreases potential advantage for research and innovation- related business and for overall economic development as well as having devastating social consequences;
Amendment 16 #
2014/2251(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is a need to promote and support greater entrepreneurship among women by taking the necessary measures based on an exchange of best practice;
Amendment 24 #
2014/2251(INI)
Motion for a resolution
Recital H
Recital H
H. whereas female researcherswomen working in research, as in all other areas, are mfore likelyced to assume a higher share of obligations related to parenting or their families than their male counterparts, and, therefore, all proposed measures have to take into account the possibility of successfully reconciling professional and family life;
Amendment 45 #
2014/2251(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Regrets that unequal access for women to research positions, funding and publishing still persists, including a gender pay gap in the area of science and academia, despite legal provisions for equal treatment and non-discrimination on the labour market, including provisions on equal pay, being in place in the EU and Member States;
Amendment 51 #
2014/2251(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that besides the enforcement of legal provisions, cultural and institutional barriers that generate direct or indirect discrimination against women in scientific careers and decision-making have to be removed in order to achieve gender equality; these barriers are often based on biasforms of discrimination, negative prejudices and conscious or unconscious stereotypes build on attitudes and standards which are continually reproduced, and institutional changes can help remove them;
Amendment 63 #
2014/2251(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission, the Member States and relevant stakeholders to strengthen initiatives and programmes encouraging women to continue their scientific and academic careers, such as coaching and networking programmes and supporting young female scientists participating in research programmes and grant applications, as well as supporting the individual careers of female researchers and the advancement of their careers to the highest grades; women should also be encouraged to apply for decision-making positions; while at the same time action must be taken to combat all kinds of barrier that make it hard or impossible to apply;
Amendment 67 #
2014/2251(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that the need to successfully reconcile professional and family obligations often represents a major barrier tohat specifically affects women advancing their scientific and academic careers, and represents one of the major reasons for them dropping out ofbeing forced to leave those careers;
Amendment 26 #
2014/2245(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Regrets the fact that Member States have not done more to address the gender pay gap; is concerned that women in the EU earn on average 16 % less than men doing work of equal value, which places them at an economic disadvantage and sometimes makes them dependent on their partner; stresses the importance of measures to address the gender pay gap which also creates a pension gulf of 39 % between men and women in the EU.
Amendment 32 #
2014/2245(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the economic crisis has set equality back in many areas; emphasises the importance of ensuring that the economic crisis is not used as an argument for perpetuating inequality between women and men and that work on equality continues, even during an economic crisis.
Amendment 33 #
2014/2245(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that the Union should, at all stages of implementation of the ESI Funds aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation;
Amendment 35 #
2014/2245(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission and the Member States to actively use the European structural funds as tools to enhance gender equality: Request the Member States and the Commission to carry out a gender analysis and to work with gender budgeting with the aim to achieve gender-equal allocation of financial resources;
Amendment 37 #
2014/2245(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that SMEs make a significant contribution to the European economy, in particular by creating jobs; is disappointed that women lead SMEs to a much lesser extent than men as only 5 % of company boards in the EU are currently chaired by women and the corresponding figure for board members is only 18.6 %; calls on both Member States and companies to change the rules which allow only men to participate in decision- making bodies; calls on the Member States to exchange best practices for encouraging women to set up SMEs; is pleased that the European Regional Development Fund is providing support to women-led SMEs.
Amendment 41 #
2014/2245(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Deplores the fact that so little is being done to promote the participation of women in decision-making bodies and to encourage them to set up their own companies; notes that discrimination on grounds of pregnancy, for example, is used extensively to exclude women from the private and public labour market.
Amendment 47 #
2014/2245(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that women are more likely to be engaged in part-time work, which results in in-work poverty and a gender pension disparity; is concerned about the variation in part-time work figures among the Member States; calls on the Commission to produce an updated, in-depth analysis of the different types of employment, including comparisons within and between Member States, in order to chart gender- based injustice in forms of employment.
Amendment 53 #
2014/2245(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that there is a strong trend of rural-urban migration among women, who leave rural areas in search of job opportunities, thereby creating a gender imbalance in employment in rural areas; stresses the importance of developing the rural economy in a way which taps into the potential of men and women, and gives sectors normally dominated by women the same status as male-dominated work; also calls for long-term work to combat the factors which assign women and men to different industries, in order to achieve equality in the labour market.
Amendment 65 #
2014/2204(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Expresses concern that information about Ebola and its spread is not reaching everyone because of poor literacy. The Parliament stresses the importance of alternative means of disseminating information, for example giving out more information on the radio. The European Parliament notes a degree of mistrust of the authorities in the affected area and stresses the importance of providing the required medical treatment in rural areas as well.
Amendment 69 #
2014/2204(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Strongly emphasises the importance of combatting increased tension between groups as a result of the Ebola outbreak, as the creation of myths risks laying the blame for the outbreak on certain ethnic groups. The Parliament also expresses its concern about the extremely vulnerable position of children, as children whose parents have died are seen as carriers of the disease, isolated from society and forced to live alone on the streets.
Amendment 71 #
2014/2204(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Is concerned about the fall in the means of subsistence of women, due to the considerable reduction in small-scale farming and trade since the outbreak of the virus, which exposes women to an even higher risk of infection. The Parliament also notes women’s role in preparations for burials and stresses the importance of the risk of infection, without wishing to threaten cultural structures.
Amendment 40 #
2014/2152(INI)
Motion for a resolution
Recital F
Recital F
F. whereas one in two women experiences one or more forms of sexual harassment in the course of her life and a life free of violence and characterised by self- determination is a prerequisite for full participation in society; . No one should live in fear of maltreatment; when women are exposed to violence to such a high degree, strong measures must be introduced to combat violence by men against women.
Amendment 51 #
2014/2152(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the industrial sector has historically set the standards for wages and continues do to so, the setting of wages in occupations traditionally dominated by women has been considered of secondary importance and has treated women unfairly. Questioning some industrial norms and the factors that assign men and women to different occupations will bring us closer to the principle of equal pay for equal work which must be promoted.
Amendment 54 #
2014/2152(INI)
Motion for a resolution
Recital H
Recital H
H. whereas positions of power and decision-making are occupied almost exclusively by men, and women are therefore severely limited in their ability to wield influence; the exclusion of women from positions of power and decision- making bodies has a detrimental effect on their ability to influence both their own development and emancipation and the development of society.
Amendment 62 #
2014/2152(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the face of poverty in Europe is female, and it is particularly single mothers, disabled women and young and old women who are affected by poverty and social exclusion, a situation aggravated by the crisis and specific austerity measures because it is particularly public sector jobs and services in the care sector that are being eliminated; it is therefore extremely important that the economic crisis is not allowed to justify a decline in work on equality. An economic crisis does not make it impossible to view policy from a gender-based perspective in more difficult economic times, but makes this perspective even more important.
Amendment 77 #
2014/2152(INI)
Motion for a resolution
Recital J
Recital J
J. whereas gender stereotypes and traditional structures have a negative impact on health and universal access to sexual and reproductive health and the associated rights is a fundamental human right which should therefore never be restricted. The right to control your own body and to self-determination is a fundamental prerequisite for universal equality;
Amendment 125 #
2014/2152(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that discrimination and oppression take different forms and should be seen from an intersectional perspective in which all forms of oppression have common underlying factors but affect women differently; calls for work on equality to include factors such as class, ethnicity, sexual orientation, disability, religious beliefs and age when drafting measures to address discrimination and oppression.
Amendment 178 #
2014/2152(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its appeal to the Commission to designate 2016 European Year for combating violence against women and girls during which priority should be given to promoting far-reaching and effective strategies for significantly reducing violence against women and girls;
Amendment 182 #
2014/2152(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Considers that violence against women and girls should be understood from a power perspective, in which women as a group are historically subordinate to men and are subjected to violence on the basis of an unequal power relationship; therefore calls for violence against women and girls not to be understood only as violence against separate individuals but as an expression of an unequal gender-related position of power in society;
Amendment 226 #
2014/2152(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission in the new strategy to pay special attention to the various ways of reconciling family life and work and regrets in this connection the faltering of the negotiations on the adoption of the Maternity Protection Directive and reiterates Parliament’s unrestricted willingness to cooperate; reiterates in this regard the widespread discrimination associated with pregnancy and maternity leave within the labour market, for example; stresses in this regard the importance of comprehensive care for children and the elderly to facilitate the participation of women in the labour market and to combat the role assigned to women in unpaid sectors such as domestic work and the care of dependents.
Amendment 235 #
2014/2152(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the importance of flexible forms of work in allowing women, but more especially men, to reconcile work and family life and instructs the Commission to coordinate and promote exchanges of best practices; stresses in this connection the need for awareness campaigns for the equal division of domestic work and care and nursing, for the inclusion of men and the introduction of paternity leave of at least 10 days and parental leave to be divided between both parents; stresses that equal parental leave benefits all parties in a family group and can act as an incentive for reducing the discrimination associated with parental leave.
Amendment 301 #
2014/2152(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls for all EU institutions to take internal measures to increase equality within their own decision-making bodies, both for democratic reasons, and to increase confidence in equality issues; believes that equality should be a requirement for the Commission and that the appointment of a Commission on the basis of equality is an important indicator for future equality work.
Amendment 307 #
2014/2152(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to present specific measures to ensure the transparency of salaries and thereby to reduce the gender pay gap within the next 5 years to less than 10% on average in the EU, with the specific aim of closing the pay gap completely and to submit an annual progress report on this matter; proposes that Member States should be encouraged also to review the public procurement procedures directives and to expand them to include the social aspect of gender equality in line with the EU 2020 strategy; emphasises in this connection the possibility of introducing fines for companies.
Amendment 366 #
2014/2152(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses that gaining legitimacy by assuming the character of news media never justifies threats and harassment and refers in particular to internet-based media which, as self-appointed newssheets, spread hatred and threats unimpeded and are often targeted at women and girls.
Amendment 383 #
2014/2152(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Instructs the Commission to conduct a study of the everyday impact of the gender portrayal in public life, the media and educational institutions, and their true effect on psychological and physical health and how the portrayal of gender stereotypes affects opportunities for personal liberation.
Amendment 412 #
2014/2152(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission, in the Neighbourhood Policy and development cooperation, trade and diplomatic relations, to work for the introduction of a standard that defines women’s rights as a human right and makes respect for this right mandatory and reminds it that international relations can be used as an incentive or a penalty if these standards are not observed; emphasises the importance of participatory collaboration with all stakeholders, especially with civil society organisations and the regional and communal organs of the state in the context of development cooperation.
Amendment 57 #
2014/2015(INI)
Motion for a resolution
Recital E
Recital E
E. whereas three quarters of household chores and two thirds of parental care in 2015 were performed by working women, who were therefore overwhelminglywomen take an overwhelmingly bigger responsibility over parental care and household chores overall and therefore bearing a double burden of responsibilities; whereas gendered division of care and family responsibilities are detrimental to women’s economic independence in the long term; whereas only speaking of working women they performed three quarters of household chores and two thirds of parental care in 2015;
Amendment 108 #
2014/2015(INI)
Motion for a resolution
Recital O
Recital O
O. whereas population surveys on attitudes to violence against women show a worrying prevalence of the tendency to blame the victim, as an effect of the patriarchy;
Amendment 113 #
2014/2015(INI)
Motion for a resolution
Recital P
Recital P
P. whereas the EU LGBT survey found that lesbian, bisexual and transgender women face a huge risk of discrimination on the basis of their sexual orientation and/or gender identity; whereas gender-based discrimination intersects with other discrimination on grounds of race and ethnicity, religion, disability, health, gender identity, sexual orientation and/or socio-economic conditions;
Amendment 132 #
2014/2015(INI)
Motion for a resolution
Recital W
Recital W
W. whereas, as the 2016 Eurobarometer suggests, 55 % of Europeans would like the EU to intervene more in the area of equal treatment between men and women; whereas the Commission’s obligation to achieve gender equality in accordance with the Treaty is independent of polls;
Amendment 231 #
2014/2015(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to include measures to protect women and LGBTI people against harassment in the workplace; calls on the Commission to revise the current EU framework decision on combating certain forms and expressions of racism and xenophobia by means of criminal law, in order to include sexism, bias crime and incitement to hatred on grounds of sexual orientation and/or gender identity;
Amendment 9 #
2013/2945(RSP)
Motion for a resolution
Citation 9
Citation 9
– having regard to the fact that accession negotiations with Turkey were opened on 3 October 2005 and that the opening of such negotiations is the starting point for a long- lasting and open-ended process based on fair and rigorous conditionality and the commitment to reform, with the common goal of full EU membership as soon as the membership criteria' are fulfilled,
Amendment 14 #
2013/2945(RSP)
Motion for a resolution
Citation 12
Citation 12
– having regard to the fact that full compliance with the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remains the basis for accession to the EU,
Amendment 116 #
2013/2945(RSP)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned that no progress had been made regarding anti-discrimination legislation and that the current anti- discrimination laws are insufficient and not in line with the EU acquis; stresses the urgent need for comprehensive anti- discrimination legislation and the establishment of an anti-discrimination and equality board to protect individuals against discrimination based on ethnicity, religion, gender, age, disability, sexual orientation or sexual identity;
Amendment 144 #
2013/2945(RSP)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reiterates the importance of active and independent civil society organisations (CSO's) for democracy; underlines the importance of dialogue with them and stresses their crucial role in contributing to enhanced regional cooperation on social and political aspects; is therefore worried that CSO's continue to face fines, closure proceedings, and administrative obstacles to their operations and that consultation of CSO's remains to be an exception rather than the rule; welcomes the Turkish governments improved cooperation with NGOs, but calls for their broader consultation in policy-making, including the formulation of policies and legislation and in the monitoring of activities of the authorities;
Amendment 203 #
2013/2945(RSP)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the problem of women not having equal access to education, the labour market and politics; underlines that further continuous work is needed to turn gender equality legislation into political, social and economic reality; encourages the Turkish government to ensure this, to proactively promote changes in stereotypes and in the perception of gender roles in all spheres; stresses the importance of mainstreaming gender equality in the legislative process and in the implementation of laws;
Amendment 237 #
2013/2945(RSP)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes the limited progress in the areas of labour and trade union rights; regrets that the legislation on trade unions rights is still not in line with EU and ILO standards and that collective action by trade unions suffers numerous restrictions; calls on Turkey to continue working on new legislation in this area to ensure that it is in line with the EU acquis and ILO conventions;
Amendment 41 #
2013/2109(INL)
Motion for a resolution
Recital C – point v
Recital C – point v
Amendment 1 #
2013/2103(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the 1989 UN Convention on the Rights of the Child,
Amendment 6 #
2013/2103(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the EU, international organisations, national governments and other relevant parties to cooperate at EU level in the creation of a common framework of provisions on criminalisationombating the underlying causes, criminalisation (including the purchase of sexual services), sanctions and improved cross- border cooperation on protection from sexual abuse and exploitation;
Amendment 6 #
2013/2103(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the Council of Europe Convention on Action against Trafficking in Human Beings,
Amendment 9 #
2013/2103(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that work against sexual exploitation and prostitution should focus on war-affected areas in accordance with UN Security Council Resolutions 1325 of 31 October 2000 and 1820 of 19 June 2008;
Amendment 14 #
2013/2103(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
- having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA,
Amendment 30 #
2013/2103(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas prostitution functions as a market, where pimps and procurers are calculating and acting to secure or increase their markets and maximising profits, and whereas the sex buyers play a key role as they maintain the demand in this market.
Amendment 34 #
2013/2103(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. Whereas the vast majority of prostituted persons come from vulnerable groups, often from situations of serious economic and social precarity, or people experiencing multiple discrimination, such as Roma women, women from ethnic minorities, undocumented migrants, transsexuals, etc.;
Amendment 40 #
2013/2103(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the prostitution markets fuel trafficking in women and girlschildren, especially in countries where the sex industry has been legalised24 ; __________________ 24 The 2006 report by Sigma Huda, UN Special Rapporteur on Trafficking in Persons, especially in women and children, highlighted the direct impact of the policies on prostitution on the scale of trafficking in human beings.
Amendment 46 #
2013/2103(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas prostitution and trafficking in women and girls are linked because the demand for women in prostitution, whether trafficked or not, is the same; whereas trafficking acts as a means to bring a supply of women and girls to the prostitution markets;
Amendment 69 #
2013/2103(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines that the sexual and reproductive health and rights of all women must be respected, including having the right to their bodies and sexuality, free of coercion, discrimination and violence.
Amendment 81 #
2013/2103(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that prostitution is also a health issue, as it has detrimental health impacts on persons in prostitution, who are more likely to suffer from sexual, physical and mental health traumas, as well as higher mortality rate, than the average population;
Amendment 124 #
2013/2103(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the most effective way of combating the trafficking of women and girls for sexual exploitation and improving gender equality is the model implemented in Sweden, FinIceland, and Norway (the so- called Nordic model), and currently under consideration in several European countries, where the purchase of sexual services constitutes the criminal act, not the services of the prostituted persons;
Amendment 128 #
2013/2103(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that prostitution is a cross- border problem and that the Member States should therefore assume responsibility for combating the buying of sex outside their own territory by introducing measures similar to those adopted in Norway where a citizen can be prosecuted for purchasing sex abroad;
Amendment 132 #
2013/2103(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Emphasises the outcomes of a recent governmental report in Finland, calling for a full criminalisation of the purchase of sex, as the Finnish approach to criminalise buyers from victims of trafficking has proven to be ineffective in tackling trafficking;
Amendment 145 #
2013/2103(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that looking upon prostitution as legal ‘sex work’ and decriminalising the sex industry in general and making procuring legal, is not a solution to keeping vulnerable women and girls safe from violence and exploitation, but has the opposite effect and puts them in danger of a higher level of violence indoors;; as well as make the prostitution markets grow, and thus the number of women and girls abused even bigger.
Amendment 177 #
2013/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Member States to provide social services for victims of trafficking or sexual exploitation and to implement policies aimed at helping vulnerable women and girls to leave prostitution, and to fund organisations working on the ground with support and exit strategies;
Amendment 178 #
2013/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Member States to provide social services for victims of trafficking or sexual exploitation, including for migrant and undocumented women, and to implement policies aimed at helping vulnerable women and girls to leave prostitution;
Amendment 186 #
2013/2103(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the EU and its Member States to develop gender specific prevention policies in the countries of origin of trafficked prostituted persons;
Amendment 262 #
2013/2078(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a . Calls on the Member States and the Commission to protect, promote and fulfil the rights of the child in all internal and external actions and policies with an impact on them
Amendment 273 #
2013/2078(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses its concern about the situation of the Roma in the European Union and the numerous instances of persecution, unlawful registration, violence, stigmatisation, discrimination and expulsion, contrary to fundamental rights and European Union law; calls for more vigorous action to promote integration, particularly in the field of protection of fundamental rights, and calls for an end to illegal expulsions and to segregation of Roma children in schools;
Amendment 8 #
2013/2004(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to launch the procedure for the accession of the EU to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 12 #
2013/2004(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Agrees with the need for a legislative act based on Article 84 TFEU, to support the action of Member States in relation to crime prevention, and points out that to combat and eliminate all forms of violence against women a comprehensive, multidisciplinary European strategy (including social, political and legal measures) is required, with the aim of protecting women’s integrity tangibly and effectively in an area of freedom, security and justice; considers that the strategy should devote particular attention to vulnerable groups such as older persons, people with disabilities, immigrants and LGBT persons and that it should also comprise measures to support children who have witnessed violence and recognise them as victims of crime;
Amendment 19 #
2013/2004(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Council to ensure that violence against women and domestic violence is identified as a further area of particularly serious crime, pursuant to Article 83(1) TFEU, because of the particular need to combat this crime jointly, with the aim of adopting minimum standards with regard to the definition of criminal offences and penalties, provided that any proposals concerning EU provisions of substantive criminal law fully respect the principles of subsidiarity and proportionality;
Amendment 38 #
2013/2004(INL)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas violence in the home is a traumatic experience even for those who are not its immediate victims; whereas children who have witnessed violence to a close relative are at great risk of being affected by emotional and relational problems which impact on more than just their health and school performance; whereas children should be recognised as victims of crime and should receive help to work through the events, individually or in a group;
Amendment 58 #
2013/2004(INL)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas one important and effective body that exists are the women’s shelters and empowerment centres set up to prevent violence by men against women and support women and children who are its victims; whereas such a centre’s activities may comprise not only a strength-building and supportive aspect, passing on knowledge and sharing experiences, but also legal, practical and psychological help; whereas women’s shelters should be given adequate funding by the Member States;
Amendment 95 #
2013/2004(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Requests the Commission to present an EU-wide Strategy and an Action Plan to combat violence against women, based on the exchange of best practice among the Member States, and taking account of all the consequences of violence, including to children who have witnessed it;
Amendment 108 #
2013/2004(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to establish in the next three years an EU Year to End Violence against Women with the aim of raising awareness among citizens of this widespread problem which affects all the EU’s Member States;
Amendment 33 #
2013/0305(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) NOn the basis of existing evidence and on predefined criteria, no restriction measures should be introduced at Union level on new psychoactive substances which pose low health, social and safety risks.
Amendment 35 #
2013/0305(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) TOn the basis of the existing evidence and on predefined criteria, those new psychoactive substances which pose moderate health, social and safety risks should not be made available to consumers.
Amendment 36 #
2013/0305(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) TOn the basis of the existing evidence and on predefined criteria, those new psychoactive substances which pose severe health, social and safety risks should not be made available on the market.
Amendment 89 #
2013/0305(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
The Commission shall not adopt restriction measures on a new psychoactive substance if, based on the existing evidence and on the following criteria, it poses, overall, low health, social and safety risks, in particular:
Amendment 99 #
2013/0305(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Commission shall, by means of a Decision, without undue delay, prohibit the making available on the market to consumers of the new psychoactive substance if, based on the existing evidence and on the following criteria, it poses, overall, moderate health, social and safety risks, in particular:
Amendment 104 #
2013/0305(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The Commission shall, by means of a Decision, without undue delay, prohibit the production, manufacture, making available on the market including importation to the Union, transport, and exportation from the Union of the new psychoactive substance if, based on the existing evidence and on the following criteria, it poses, overall, severe health, social and safety risks, in particular:
Amendment 110 #
2013/0305(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 121 #
2013/0305(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in this Regulation shall be conferred on the Commission for a period of ten years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the ten year period. The delegation of powers shall be tacitly extended for a further period of ten years, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of powers referred to in this Regulation may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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 any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 7 #
2013/0304(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The nNew psychoactive substances subjected to permanent market restriction pursuant to [Regulation (EU) No …/….../... on new psychoactive substances] should, once they have been added to the Annex to the Framework Decision 2004/757/JHA, therefore, be covered by the Union criminal law provisions on illicit drug trafficking. This would also help streamline and clarify the Union legal framework, as the same criminal law provisions would apply to substances covered by the UN Conventions and to the most harmful new psychoactive substances. TIn order to add such substances in the Annex, 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 amending the Annex and thereby the definition of ‘drug’ in the Framework Decision 2004/757/JHA should, therefore, be amended. 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 8 #
2013/0304(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to swiftly address the emergence and spread of harmful new psychoactive substances in the Union, Member States should apply the provisions of the Framework Decision 2004/757/JHA to new psychoactive substances posing severe health, social and safety risks within twelve months from their submission, within 12 months of those new psychoactive substances being added to the Annex to Framework Decision 2004/757/JHA, the provisions of that Framework Decision ... to new psychoactive substances which have been subjected to permanent market restriction unders pursuant to [Regulation (EU) No …/….../... on new psychoactive substances] on account of the severe health, social and safety risks which they pose.
Amendment 19 #
2013/0304(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Framework Decision 2004/757/JHA
Article 9 – paragraph 3 (new)
Article 9 – paragraph 3 (new)
3. In respect of new psychoactive substances subjected to permanent market restriction on the basis of [Article 13(1) of Regulation (EU) No …/….../... on new psychoactive substances], Member States shall bring into force the laws, regulations and administrative provisions necessary to apply the provisions of this Framework Decision to these new psychoactive substances within twelve months after entry into force of the permanent market restrictionthe addition of those new psychoactive substances to the Annex. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 21 #
2013/0304(COD)
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
(2a) The following Article is added after Article 9: 'Article 9a Delegation of power The Commission shall be empowered to adopt delegated acts to amend the Annex to the Framework Decision, in particular to add to the Annex new psychoactive substances subjected to permanent market restriction on the basis of Article 13(1) Regulation (EU) No .../... on new psychoactive substances.'
Amendment 22 #
2013/0304(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Framework Decision 2004/757/JHA
Article 9 b (new)
Article 9 b (new)
(2b) The following Article is added after Article 9: 'Article 9b Exercise of delegation 1. The power to adopt delegated acts according to Article 9a is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 9ahall be conferred on the Commission for a period of ten years from [the entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the ten year period. The delegation of powers shall be tacitly extended for a further period of ten years, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of powers referred to in Article 9a may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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 any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant Article 9a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.'
Amendment 4 #
2013/0255(APP)
Motion for a resolution
Paragraph E
Paragraph E
E. Wwhereas different jurisdictions, legal traditions and law enforcement systems in the Member States should not hinder Article 67(1) TFEU provides that the Union shall constitute an area of freedom, security and justice with respect for fundermine the fight against fraud and crime affecting the Unamental rights and the different legal systems and tradition’s financial interestof the Member States;
Amendment 20 #
2013/0255(APP)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deems it crucial to ensure within a short period of time the establishment of a single, strong, and independent EPPO that is able to investigate, prosecute and bring to court the perpetrators of criminal offences affecting the Union’s financial interests; and considers that any weaker solution would be a cost for the Union budget;
Amendment 32 #
2013/0255(APP)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the importance of its involvement in the appointment procedures and suggests an open competition for candidates with adequate professionalism, experience and skills, who might be shortlisted by the European Commission, evaluated by a panel of experts and heard by the European Parliament;the independence of judicial bodies and protection from political interference and thus suggests transparent appointment procedures, solely based on adequate professionalism, experience and skills,
Amendment 66 #
2013/0255(APP)
Motion for a resolution
Paragraph 4 – point iv
Paragraph 4 – point iv
(iv) the admissibility of evidence and its assessment are key elements in the ascertainment of guilt. The relevant rules must therefore be clear and uniform throughout the area covered by the European Public Prosecutor’s Office and should fully comply with personal defence safeguards and be compatible with all the legal systems of the Member States;
Amendment 116 #
2013/0246(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 125 #
2013/0246(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Since packages are often purchased a long time before their performance, unforeseen events may occur. Therefore the traveller should, under certain conditions, be entitled to transfer a package to another traveller. In such situations, the organiser should be able to recover his expenses, for instance if a sub-contractor requires a fee for changing the name of the traveller or for cancelling a transport ticket and issuing a new one. Travellers should also have the possibility of cancelling the contract at any time before the start of the package against paying appropriate compensation, as well as the right to terminate the contract without paying compensation where unavoidable and extraordinary circumstances like warfare, terrorism, political instability or a natural disaster will significantly affect the package. Unavoidable and extraordinary circumstances should in particular be deemed to exist where reliable and publicly available reports, such as recommendations issued by Member State authorities, advise against travelling to the place of destination.
Amendment 151 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 176 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point i
Article 3 – point 2 – point b – point i
(i) purchased from a single point of sale within the same booking process,, or
Amendment 178 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point ii
Article 3 – point 2 – point b – point ii
(ii) offered or charged at an inclusive or total price, or
Amendment 179 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point iii
Article 3 – point 2 – point b – point iii
(iii) advertised or sold under the term 'package' or under a similar term, or
Amendment 187 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point v
Article 3 – point 2 – point b – point v
(v) purchased from separate traders through linked online or offline booking processes where the traveller's name or particulars needed to conclude a booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed;.
Amendment 263 #
2013/0246(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that a traveller may, after giving the organiser or retailer reasonable notice on a durable medium before the start of the package, transfer the contract to a person who satisfies all the conditions applicable to that contract.
Amendment 272 #
2013/0246(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The price increase referred to in paragraph 1 shall not exceed 103% of the price of the package.
Amendment 276 #
2013/0246(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 240 days prior to the start of the package.
Amendment 303 #
2013/0246(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The traveller shall have the right to terminate the contract before the start of the package without compensation in the event off he/she experiences unavoidable and extraordinary circumstances such as illness, accident or death in the family or if such circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package.
Amendment 309 #
2013/0246(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination within the period fixed in the contract and not later than 240 days before the start of the package; or
Amendment 365 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
Amendment 376 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The prescription period for introducing claims under this Article shall not be shorter than onthree years.
Amendment 388 #
2013/0246(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers and retailers facilitating the procurement of package travel and assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage of passengers is included, for the travellers' effective and prompt repatriation in the event of insolvency.
Amendment 427 #
2013/0246(COD)
Proposal for a directive
Article 19
Article 19
Member States shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process, unless such errors are attributable to the traveller or to unavoidable. The traveller shall have the right to change a booking if andy extraordinary circumstancesrrors have occurred within 48 hours of the completion of the booking.
Amendment 169 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point c b (new)
Article 6 – paragraph 5 – point c b (new)
(cb) monitor accidents and harm to health which are related to those products;
Amendment 173 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Adequate procedures shall be established and made known to the public to enable market surveillance authorities to fulfil these obligations. In particular, market surveillance authorities shall make available to the public on request: (a) the identity of those products about which safety complaints have been received under point a of Article 6(5); (b) the nature of the safety defect and risk perceived in the product by the complainant and any hazardous incident or injury reported; (c) any comments on the complaint made by the economic operators; (d) what follow up action the market surveillance authority has determined to be appropriate.
Amendment 257 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Market surveillance authorities shall publish information about product identification, the nature of a risk and the measures taken to prevent, reduce or eliminate that risk - as referred to in Article 6(6) - on a dedicated website, without delay, to the fullest extent necessary to protect the interests of users of products in the Union. This information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets, preserve personal data pursuant to national and Union legislation or avoid undermining monitoring and investigation activities.
Amendment 357 #
2013/0048(COD)
Proposal for a regulation
Article 21 a (new)
Article 21 a (new)
Article 21a Pan-European Injuries Database 1. A Pan-European Injuries Database (IDB), which would cover all types of injuries, and namely those related to products used at home and for leisure, transportation and work activities, shall be set up and coordinated by the European Commission. 2. The relevant market surveillance authorities established by the Member States shall contribute to the establishment of the database and deliver injury data to the database that is comprehensive and in accordance with European and national laws on data protection. 3. The Commission shall support the co- ordination of the collection of data from Member States and the operation of the database.
Amendment 11 #
2012/2870(RSP)
Motion for a resolution
Citation 8
Citation 8
– having regard to the fact that accession negotiations with Turkey were opened on 3 October 2005 after the Council had approved the Negotiating Framework, and that the opening of such negotiations is the starting point for a long-lasting and open- ended process based on fair and rigorous conditionality and the commitment to reform, with the common goal of full EU membership as soon as the membership criteria's are fulfilled,
Amendment 19 #
2012/2870(RSP)
Motion for a resolution
Citation 11
Citation 11
– having regard to the fact that full compliance with the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remain the basis for accession to the EU, which is a community based on shared values, sincere cooperation and mutual solidarity amongst all its Member States,
Amendment 203 #
2012/2870(RSP)
Motion for a resolution
Paragraph 14a (new)
Paragraph 14a (new)
14a. Stresses the importance of active and independent civil society organisations (CSO's) for democracy; underlines the importance of dialogue with CSO's and stresses their crucial role in contributing to enhanced regional cooperation on social and political aspects; is therefore worried that CSO's continues to face fines, closure proceedings, and administrative obstacles to their operations and that consultation of CSO's remains to be an exception rather than the rule; welcomes the Turkish government's improved cooperation with NGOs, but calls for their broader consultation in policy-making, including the formulation of policies and legislation and in the monitoring of activities of the authorities;
Amendment 204 #
2012/2870(RSP)
Motion for a resolution
Paragraph 14b (new)
Paragraph 14b (new)
14b. Notes the limited progress in the areas of labour and trade union rights; regrets that the legislation on civil servants' trade unions rights is still not in line with EU and ILO standards and that collective actions by trade unions suffer numerous restrictions; calls on Turkey to continue working on new legislation in this area to ensure that it is in line with the EU acquis and ILO conventions;
Amendment 210 #
2012/2870(RSP)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Law on the protection of family and prevention of violence against women; commends the National Action Plan to combat Violence against Women (2012-2015) and stresses the need to enforce it effectively nationwide; calls on the Ministry for Family and Social Policies to continue its efforts to increase the number and quality of shelters for women and minors in danger; stresses the importance to provide women who have been victims of violence with concrete alternatives and self-sustainment prospects; urges Turkey to continue to step up its preventive efforts at all levels in the fight against ‘honour killings’, domestic violence and the phenomenon of forced marriages and child brides; calls on the Ministry to continue to actively promote women's participation in the labour market, which remains low, in politics and at senior level in the administration and the private sector, if necessary by foreseeing reserved quotas; encourages the government to revise the Law on Political Parties and the Law on Elections to make the inclusion of women a priority for political parties;
Amendment 214 #
2012/2870(RSP)
Motion for a resolution
Paragraph 15a (new)
Paragraph 15a (new)
15a. Is bothered by women's negative portrayal in the media and the general male-dominated discourse; encourages the Turkish government to proactively promote changes in stereotypes and in the perception of gender roles in all spheres; stresses the importance of mainstreaming gender equality in the legislative process and in the implementation of laws;
Amendment 223 #
2012/2870(RSP)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the urgent need for comprehensive anti-discrimination legislation and the establishment of an anti- discrimination and equality board to protect individuals against discrimination based on ethnicity, religion, gender, age, disability, sexual orientation or sexual identity; calls on Turkey to adopt an action plan to promote the full equality of rights and full acceptance of LGBT persons;
Amendment 250 #
2012/2870(RSP)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that Turkey continued to demonstrate resilience at the terrorist attacks by the PKK; cCalls on Turkey to invest renewed efforts towards a political solution to the Kurdish issue; asks all political forces to ensure an adequate political platform and to debate in a constructive way the Kurdish issue and to facilitate a real opening to the claims for basic rights in the Constitutional process; asks all political forces to work in alliance towards the goal of reinforced political dialogue and a process of further political, cultural and socio-economic inclusion and participation of citizens of Kurdish origin, in order to guarantee the rights to freedom of expression, association and assembly and promote the peaceful inclusion of citizens of Kurdish origin into Turkish society; recalls that a political solution can only be built upon a truly democratic debate on the Kurdish issue and expresses concern at the large number of cases launched against writers and journalists writing on the Kurdish issue and the arrest of several Kurdish politicians, mayors and members of municipal councils, trade unionists, lawyers, protestors and human rights defenders in connection with the KCK trial; underlines the importance of promoting a discussion of the Kurdish issue within the democratic institutions, particularly the TGNA;
Amendment 55 #
2012/2309(INI)
Proposal for a Decision establishing the composition of the European Parliament
Article 3
Article 3
Pursuant to Article 1, the number of representatives in the European Parliament elected in each Member State is hereby set as follows, with effect from the beginning of the 2014-2019 parliamentary term: Belgium 21 Bulgaria 17 Czech Republic 21 Denmark 13 Germany 96 Estonia 6 Ireland 11 Greece 21 Spain 54 France 74 Croatia 11 Italy 73 Cyprus 6 Latvia 8 Latvia Lithuania 11 Lithuania Luxembourg 6 Luxembourg Hungary 21 Hungary Malta 6 Malta Netherlands 26 Austria 19 Austria Poland 51 Poland Portugal 21 Portugal Romania 32 Romania Slovenia 8 Slovenia Slovakia 13 Slovakia Finland 13 Finland Sweden 19 Sweden8 11 6 20 6 Netherlands 26 19 51 21 32 8 13 13 20 United Kingdom 73
Amendment 158 #
2012/2145(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
Amendment 174 #
2012/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the current financial and economic crisis is weakening the position of consumers in the markets, making them more and more vulnerable, and that increasing job insecurity, unemployment rates and the loss of purchasing power are widening inequalities within each country and between countries with negative effects on consumer profiles; emphasises the need to facilitate the right of access to a basic payment account and to ban complex financial products that are complex and risky for the average consumer;.
Amendment 202 #
2012/2133(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises the need for the Commission and Member States to promote responsible and sustainable consumption, in line with the objectives of the EU 2020 strategy and with the support of the strategy for corporate social responsibility1 and ISO 26000, and to make markets fully accessible to consumers from the perspective of a social Europe based on solidarity;. __________________ 1 COM(2011) 681
Amendment 16 #
2012/2132(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the European Commission to investigate better methods of regulating alcohol advertising, as self- regulatory codes are not sufficient to effectively protect minors;
Amendment 6 #
2012/2067(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that consumers have athe right to a high level of effective and equal minimum protection regardless of their mode of transport; calls for one single regulation comprising all minimum provisions and principles of passenger rights in order to reduce fragmentation and reconcile inconsistencies across the different areas of passengers‘ rightsaccompanied by specific measures in every mode of transport;
Amendment 12 #
2012/2067(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need for appropriate schemes to compensate the consumers for cancellations and delays in travel time caused by the service provider;
Amendment 24 #
2012/2067(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that enforcement of existing passenger rights should be a key priority. National enforcement bodies should work closely together and should have sufficient means and resources to ensure effective enforcement. Effective enforcement reduces the need for additional reporting obligations for operators, as foreseen by the Commission
Amendment 26 #
2012/2067(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to ensure that passengers are informed of these rights before purchasing travel services, and that such information is easy to understand and made available throughout the various stages of travel; calls for action to strengthen the role of consumer centres in resolving consumer problems and disputes, and to ensure that effective mechanisms for alternative dispute resolution and collective redress are available; calls, in this context, for the establishment of a single helpline website for information on passengers‘ rights (www.travel.eu)s in each Member State;
Amendment 44 #
2012/2067(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that full information on the travel and any disruption, cancellation and delay should always be given at the travel services web;
Amendment 47 #
2012/2067(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for the adoption of open data principles to facilitate the development of services to help consumers plan their travel;
Amendment 51 #
2012/2067(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that passengers with limited mobility or with disabilities must be given equal travel opportunities and unrestricted access and assistance to services. Information needed for travellers must be given in accessible and alternative formats.
Amendment 35 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 2
Recommendation 2 – paragraph 2
Member States should ensure that all bankpayment service providers with private customers are obliged to offer basic payment accounts, so as to avoid discrimination and unfair competition among banks, except where specific arrangements are in force in a Member State.
Amendment 45 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 3 a (new)
Recommendation 2 – paragraph 3 a (new)
The Commission and the Member States should aim to further clarify the interpretation of anti-money laundering and anti-terrorist financing legislation in order to ensure that it is applied in a balanced and proportional way in the context of basic banking services. Nobody should be denied access to or be disqualified from a basic payment account on these grounds unless there are well- founded and objective reasons for doing so. Such legislation should never be used as an unfounded pretext for rejecting commercially less attractive consumers.
Amendment 46 #
2012/2055(INI)
Draft opinion
Recommendation 2 – paragraph 3 b (new)
Recommendation 2 – paragraph 3 b (new)
Member States should ensure that customer due diligence procedures do not lead to discriminatory practices or to unnecessarily inflexible treatment of consumers with no fixed address or without standard proof of identity. Special consideration should be given to using targeted measures and procedures by which consumers with no fixed address or standard proof of identity can satisfy due diligence requirements. If needed, Member States should set up specific schemes in support of these consumers where authorities and social services, in cooperation with payment service providers, establish solid and secure non- standard tools for pragmatically solving address and identification problems.
Amendment 53 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 3
Recommendation 3 – paragraph 3
Member States should ensure that basic payment accounts are provided either free of charge or at a reasonable cost. If fees are charged, they should be such that no consumer is prevented from opening and using a basic payment account on cost- related grounds.
Amendment 57 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 3 a (new)
Recommendation 3 – paragraph 3 a (new)
Payment service providers should be required to ensure that, among the products that they offer, the basic payment account is always – no matter how the comparison is made – the most affordable account for carrying out basic payment transactions.
Amendment 58 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 3 b (new)
Recommendation 3 – paragraph 3 b (new)
In order to guarantee that costs for basic payment services do not in effect get unreasonable, every Member State should be allowed to establish an upper limit for how high the total annual fees related to opening and using a basic payment account are allowed to be.
Amendment 71 #
2012/2055(INI)
Draft opinion
Recommendation 3 – paragraph 9 a (new)
Recommendation 3 – paragraph 9 a (new)
The consumers targeted by the introduction of basic payment accounts make up a customer group with specific interests and needs. In order to ensure that this group can be serviced in an attentive and accommodating way, the employees at payment service providers offering these accounts should in that context be given adequate training, sufficient time and reasonably adapted sales targets.
Amendment 25 #
2012/2016(BUD)
Amendment 30 #
2012/2016(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Insists that specific funding should be allocated for the development of protection-sensitive border controls that fully respect the fundamental rights of migrants and comply with the EU Charter of Fundamental Rights, including in the context of Frontex operations;
Amendment 12 #
2012/2004(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the contribution of social businesses to understanding and meetiin all sectors to streng the needs of vulnerable consumers in particularning social cohesion and inclusivity;
Amendment 19 #
2012/2004(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that social businesses help to build an ‘active society’ which is supportive ofcontribute to sustainable and inclusive economic growth;
Amendment 205 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10 a (new)
Article 6 – paragraph 10 a (new)
10a. The provisions of Article 6(1), (2) and (3) shall not apply to tobacco for oral use (snus).
Amendment 23 #
2012/0299(COD)
Proposal for a directive
Recital 14
Recital 14
(14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of a vacancy announcement opening up for applications and an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 26 #
2012/0299(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Companies listed on stock exchanges enjoy a particular economic importance, visibility and impact on the market as a whole. The measures provided for in this Directive should therefore apply to listed companies, which are defined as companies incorporated in a Member State whose securities are admitted to trading on a regulated market within the meaning of Article 4(1) (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, in one or more Member States. These companies set standards for the economy in its entirety and their practices can be expected to be followed by other types of companies. The public nature of listed companies justifies that they be regulated to a greater extentadequately regulated in the public interest.
Amendment 28 #
2012/0299(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) Non-listed companies also play a major role in the economy. In principle, they should therefore be included in the scope of this Directive. However, since the gender situation in these companies is not generally well-known and since particular provisions might be needed in order to reflect their specificities and varying nature within and across Member States, the inclusion should not be made until at a later stage, The Commission should present a proposal with that effect after having carried out a thorough investigation into all relevant aspects.
Amendment 29 #
2012/0299(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive should not apply to micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, even if they are . This should be the case for listed, and at a later stage non-listed, companies.
Amendment 30 #
2012/0299(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned on the basis of careful and extensive consultations with social partners at the national level.
Amendment 31 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 37 #
2012/0299(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate on the basis of pre- established, clear, neutrally formulated and unambiguous criteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership and communication skills and networking abilities. Priority should be given to the candidate of the under-represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability, competence and professional performance, and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex.
Amendment 40 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1) as well as forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 42 #
2012/0299(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 43 #
2012/0299(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published in an appropriate and easily accessible manner in the annual report and on the website and, where the company in question has not met the objective, it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 47 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 56 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 58 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner in the annual report and on their website.
Amendment 59 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 61 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 64 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. The Commission shall, no later than 1 January 2016, present a proposal for the inclusion in the scope of this Directive of non-listed companies which are not SMEs. The proposal might incorporate provisions aimed at reflecting the specificities and varying nature of these companies.
Amendment 66 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 DecemberJuly 20218 at the latest and every two years thereafter. The Commission shall evaluate in particular whether the objectives of this Directive have been achieved.
Amendment 90 #
2012/0299(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned on the basis of careful and extensive consultations with social partners at the national level.
Amendment 96 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 130 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1) as well as forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 136 #
2012/0299(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 153 #
2012/0299(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published in an appropriate and easily accessible manner in the annual report and on the website and, where the company in question has not met the objective, it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 197 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 225 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 247 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner in the annual report and on their website.
Amendment 253 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 287 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 312 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 DecemberJuly 20218 at the latest and every two years thereafter. The Commission shall evaluate in particular whether the objectives of this Directive have been achieved.
Amendment 24 #
2012/0261(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Regulation (EC) No 273/2004 envisages the processing of data. Such processing of data may also cover personal data which should be carried out in accordance with Union Law. information, including the processing of personal data, for the purposes of enabling the competent authorities to monitor the placing on the market of drug precursors and preventing the diversion of scheduled substances. The processing of personal data should be carried out in accordance with Union law on data protection and, in particular, with requirements relating to data quality, proportionality, purpose limitation, and with rights to information, access, rectification of data, erasure and blocking, organisational and technical measures and international transfers of personal data. Data should be adequate, accurate, relevant and not excessive in relation to the purpose for which it is collected. It should not be processed for longer than necessary in relation to the purpose for which it is collected and its accuracy should be regularly reviewed. Processing of data should be carried out under the supervision of the Member States' competent authorities, in particular the public independent authorities designated by the Member States, as regards processing of personal data carried out in the Member States. It should also be carried out under the supervision of the European Data Protection Supervisor, as regards the processing of personal data carried out by the Commission within the framework of this Regulation. In order to enable law enforcement authorities to detect, prevent, investigate or prosecute drug trafficking criminal offences, Member States may be allowed to adopt legislative measures to grant their competent authorities access to personal data processed pursuant to this Regulation for the above mentioned purposes and in so far it is necessary, proportionate and subject to adequate safeguards. Since this processing constitutes a restriction to the fundamental right to the protection of personal data, it should be interpreted restrictively and in compliance with the requirements set out by the Charter of Fundamental Rights of the European Union and by the European Convention of Human Rights. This processing should only take place on a case-by-case basis and provided that the competent law enforcement authorities have reasonable grounds to believe that this processing will substantially assist them in preventing, detecting, or investigating drug trafficking criminal offences.
Amendment 30 #
2012/0261(COD)
Proposal for a regulation
Article 1 – point 2 – point f
Article 1 – point 2 – point f
Regulation (EC) No 273/2004
Article 3 – paragraph 9
Article 3 – paragraph 9
9. The Commission shall be empowered to adopt delegated acts in accordance with Article 15a concerning: (a) the requirements and conditions for the granting of the licence referred to in paragraph 2, and the categories of data, including of personal data, to be provided; (b) the requirements and conditions for the granting of the registration referred to in paragraph 6. and the categories of data, including of personal data, to be provided; and (c) the requirements and conditions for listing operators and users having obtained a licence or registration in a European Database on drug precursors referred to in paragraph 8. (ca) The categories of personal data referred to in points (a) and (b) of the first subparagraph shall not include sensitive data within the meaning of Article 8(1) of Directive 95/46/EC.
Amendment 38 #
2012/0261(COD)
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 273/2004
Article 13a – paragraphs 1b, 1c and 1d (new)
Article 13a – paragraphs 1b, 1c and 1d (new)
1b. Information obtained pursuant to this Regulation, including personal data, shall be used in accordance with the applicable legislation on personal data protection and shall not be retained for longer than necessary for its purpose. Processing of the special categories of data referred to in Article 8(1) of Directive 95/46/EC and in Article 10(1) of Regulation (EC) No 45/2001 shall be prohibited. Interconnection or correlation of personal data contained in the European Database with other databases for different purposes shall be prohibited. 1c. A data subject shall be provided with information concerning the purposes of the processing and retention of data, the categories of data processed and retained, the identity of the controller of the data, the identity of the recipients of the data, information regarding the right of access, rectification or erasure of the data subject's personal data, the administrative and judicial remedies available and the contact details of the supervisory authority referred to in Article 13b(1). 1d. The Commission shall make publicly available a comprehensive privacy notice concerning the European Database in accordance with Articles 10 and 11 of Regulation (EC) No 45/2201, in a clear and understandable manner.
Amendment 41 #
2012/0261(COD)
Proposal for a regulation
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 273/2004
Article 13b – paragraph 1a (new)
Article 13b – paragraph 1a (new)
1a. Without prejudice to Article 13 of Directive 95/46/EC, personal data obtained or processed pursuant to this Regulation shall solely be used for the purpose of preventing the diversion of scheduled substances.
Amendment 43 #
2012/0146(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Ensuring that all citizens have access to the technology and skills that enable them to benefit equally from digital offerings and electronic services is vital in order to ensure equal opportunities and inclusion of all parts of society.
Amendment 48 #
2012/0146(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The cross border use of electronic identification means should not lead to disclosure of personal data that are not necessary for the service to be provided. The principle of data minimization should be respected.
Amendment 50 #
2012/0146(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In line with the obligations under the UN Convention on the Rights of Persons with Disabilities that has entered into force in the EU and in line the Commission proposal on the accessibility of public sector bodies' websites1, persons with disabilities should be able to use trust services and end user products used in the provision of those services on equal bases with other consumers. __________________ 1 Proposal for a Directive of the European Parliament and of the Council on the accessibility of public sector bodies' websites 2012/0340. COM(2012) 721 final.
Amendment 52 #
2012/0146(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Under Article 9 of the Treaty on the Functioning of the European Union, in defining and implementing its policies and activities, the Union must take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. Accordingly, the concepts of accessibility and design for all should be mainstreamed in the development of legal measures on electronic identification at Union level.
Amendment 54 #
2012/0146(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) A high level of data protection through appropriate and harmonised safeguards is all the more important for the use of electronic identification schemes and trust services, as both will require the processing of personal data. Such processing will be relied upon, amongst other things, for identifying and authenticating persons in the most reliable manner; moreover the lack of appropriate safeguards could lead to significant data protection risks such as identity theft, forgery or misuse of the electronic medium.
Amendment 56 #
2012/0146(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 56 #
2012/0146(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) NA breach of security may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm for the individuals concerned, including identity fraud. Therefore notification of security breaches without undue delay and security risk assessments is essential with a view to providing adequate information to concerned parties in the event of a breach of security or loss of integrity, especially to give them the opportunity to mitigate potential adverse effects.
Amendment 91 #
2012/0146(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Trust service providers shall guarantee the confidentiality and integrity of data related to a person to whom the trust service is provided. Pseudonyms shall nevertheless remain personal data and shall be treated as such.
Amendment 92 #
2012/0146(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘'trust service’' means any electronic service consisting in the creation, verification, validation, handling and or preservation of electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic delivery services, website authentication, and electronic certificates, including certificates for electronic signature and for electronic seals;
Amendment 94 #
2012/0146(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Right of access and information for the user of trust services Trust service providers shall provide users with at least: (a) information on the collection, communication and retention of their personal data; (b) the means to check their personal data and exercise their data protection rights.
Amendment 97 #
2012/0146(COD)
Proposal for a regulation
Article 12
Article 12
Trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities whenever possible.
Amendment 102 #
2012/0146(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Trust service providers shall, without undue delay and where feasible not later than 24 hours after having become aware of it, notify the competent supervisory body, the competent national body for information security and other relevant third parties such as data protection authorities of any breach of security or loss of integrity that has a significant impact on the trust service provided and on the personal data maintained therein. Where such notification cannot be made within 24 hours, an explanation of the reasons for the delay should accompany the notification.
Amendment 105 #
2012/0146(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Paragraph 1 only applies to specific cross border public services. In order to specify these cross border services the Commission shall, by means of an implementing act, draw up a list. This implementing act shall follow the article 8 and be adopted in accordance with the examination procedure referred to in Article 39(2).
Amendment 135 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States and the Commission shall in particular prioritize interoperability for such e-services with the greatest cross border relevance by: (a) exchanging best practices concerning the electronic identification means falling under a notified scheme; (b) providing and regularly update best practices on trust and security of the electronic identification means; (c) providing and regularly update on the promotion of the use of electronic identification means.
Amendment 237 #
2012/0146(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. A qualifiedn electronic signature shall have the equivalent legal effect of a handwritten signature.
Amendment 124 #
2012/0061(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62, 151 and 62153 thereof,
Amendment 132 #
2012/0061(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) This Directive aims at better enforcement of Directive 96/71/EC. Therefore, the provision laid down in this directive shall be applicable without prejudice to Articles 4 and 5 of Directive 96/71/EC.
Amendment 137 #
2012/0061(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) In order to assess whether a posted worker is temporarily carrying out his or her work in a Member State other than the one in which he or she habitually works, all elements characterizing such work and the situation of the worker should be examined. If the necessary proof cannot be provided by the employer, the employment relationship should be presumed to fall under the laws and regulations of the Member State where the services are performed.
Amendment 141 #
2012/0061(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to assess whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, account shall be taken not just of the list of criteria in Article 3(2) relating to the employment situation of the worker. The authorities shall in the course of their verification make an overall assessment of each individual case and shall take due account of the specificities of the situation in the light of Article 14(8) of Regulation No 987/2009.
Amendment 144 #
2012/0061(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) Member States should take appropriate measures in order to prevent the misuse and /or circumvention of Directive 96/71/EC and this Directive by undertakings for the purpose of depriving posted workers of their rights or the withholding of such rights.
Amendment 146 #
2012/0061(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9 b) The relationship between this Directive and Directive 96/71/EC on the one hand and Directive 2008/104/EC on the other hand should be clarified so as to guarantee that temporary agency workers who are also posted workers benefit from the most advantageous terms and conditions of employment.
Amendment 191 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(a a) Temporary workers This Directive and Directive 96/71/EC shall apply to temporary workers within the meaning of Directive 2008/104/EC on Temporary Agency Work, unless Directive 2008/104/EC affords these workers more favourable treatment in respect of their terms and conditions of employment.
Amendment 194 #
2012/0061(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3 a Applicable law 1. An undertaking which cannot demonstrate that it does in fact perform substantial activities in accordance with Article 3(1) in the country of establishment indicated shall be presumed to be established in the Member State in which it carries out its services. 2. Where an employer cannot demonstrate that a posted worker is performing his or her work for a limited period in a Member State other than the Member State in which he/she normally works, it shall be presumed that the place in which the worker habitually works is that in which the service is carried out.
Amendment 200 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall tmake into accountan overall assessment of all factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include: Account shall be taken in particular of the following elements, which shall where applicable be demonstrated to the competent authorities by the business making the posting:
Amendment 209 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other handclients,
Amendment 211 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c a (new)
Article 3 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) the law of the country of establishment applicable to the contracts concluded by the undertaking with its workers,
Amendment 225 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a
Article 3 – paragraph 2 – subparagraph 2 – point a
(a) the work is carried out for a limited period of time in another Member State; in particular, account should be taken of the ratio between the time spent by the worker in the Member State to which he or she is posted and the time spent in his or her habitual place of work;
Amendment 227 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns or is expected to resume working to the Member State from which he/she isin his habitual place of employment outside the Member State of posteding after completion of the work or the provision of services for which he or she was posted;
Amendment 233 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3 a (new)
Article 3 – paragraph 2 – subparagraph 3 a (new)
Preventing abuses and circumvention 1. Member States shall take appropriate measures with a view to preventing the misuse and/or circumvention by undertakings for the purpose of depriving posted workers of their rights or withholding such rights, in particular, to preventing successive assignments to the same post designed to circumvent the provisions of this Directive and Directive 96/71/EC. Posted workers shall not be used to replace workers who exercise their fundamental right to collective action.
Amendment 241 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect to the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, ,. Terms and conditions of employment should be available in an accessible and transparent way for service providers from other Member States and posted workers.
Amendment 245 #
2012/0061(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a 'Temporary information and consultation centres for cross-border jobs' 1. The Member States should establish a temporary information and consultation centre for cross-border jobs at the place from which workers are posted when at least two foreign service providers post workers to a place of work. 2. The prime contractor's central or local administration should be responsible for informing the local/established workers' representatives without delay and for initiating negotiations on establishing a temporary information and consultation centre for cross-border jobs. The Member States should lay down rules of procedure for this centre that comply with national regulations. 3. The temporary information and consultation centre for cross-border jobs shall be put in place for the entire duration of the job/contract and should start operations when at least two foreign service providers have posted workers to a place of work. 4. The temporary information and consultation centre for cross-border jobs shall consist of representatives of the prime contractor's administrative service and workers' representatives employed at the place of work in question. 5. The temporary information and consultation centre for cross-border jobs should enhance posted workers' rights to information and consultation at their place of work. 6. The definitions of 'information' and 'consultation' are set out in Article 2(1)(f) and (g) of Directive 2009/38/EC of 6 May 2009.
Amendment 256 #
2012/0061(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Member State of establishment of the service provider shall continue to control, monitor and take the necessary supervisory or enforcement measures, in accordance with its national law, practice and administrative procedures, with respect to workers posted to another Member State. This responsibility shall not in any way reduce the possibilities for the Member State where the posting takes place to control, monitor and take necessary supervisory or enforcement measures.
Amendment 94 #
2012/0011(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure a consistent level of protection for individuals throughout the Union and to prevent divergences hampering the free movement of data within the internal market, a Regulation is necessary to provide legal certainty and transparency for economic operators, including micro, small and medium-sized enterprises, and to provide individuals in all Member States with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the processing of personal data, and equivalent sanctions in all Member States as well as effective co-operation by the supervisory authorities of different Member States. To take account of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a number of derogations. In addition, the Union institutions and bodies, Member States and their supervisory authorities are encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of this Regulation. The notion of micro, small and medium-sized enterprises should draw upon Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises.
Amendment 98 #
2012/0011(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Following the principle of data protection by default, online services and products must initially be set on maximum protection of personal information and data without demanding any action from the data subject.
Amendment 100 #
2012/0011(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that identification numbers, location data, online identifiers or other specific factors as such need not necessarilyshould as a principle be considered as personal data in all circumstances.
Amendment 122 #
2012/0011(COD)
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) In general, harmonisation of the Union law as regards to data protection must not take away the possibility of Member States to practice sector specific legislation, inter alia in the field of register-based research.
Amendment 123 #
2012/0011(COD)
Proposal for a regulation
Recital 40 b (new)
Recital 40 b (new)
(40 b) Processing of personal data collected to another purpose can be made available for public scientific research when a scientific relevance of the processing of the collected data can be documented. Privacy by design must be taken into account when making data available for public scientific research.
Amendment 124 #
2012/0011(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Derogating from the prohibition on processing sensitive categories of data should also be allowed if done by a law, and subject to suitable safeguards, so as to protect personal data and other fundamental rights, where grounds of public interest so justify and in particular for health purposes, including public health and social protection and the management of health-care services, including information sent via electronical text messages or e-mail to patients regarding appointments at hospitals or clinics, especially in order to ensure the quality and cost-effectiveness of the procedures used for settling claims for benefits and services in the health insurance system, or for historical, statistical and scientific research purposes.
Amendment 131 #
2012/0011(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61 a) The principle of data protection by design require data protection to be embedded within the entire life cycle of the technology, from the very early design stage, right through to their ultimate deployment, use and ultimate disposal. The principle of data protection by default requires privacy settings on services and products should by default comply with the general principles of data protection, such as data minimisation and purpose limitation.
Amendment 138 #
2012/0011(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) A personal data breach may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud, to the individual concerned. Therefore, as soon as the controller becomes aware that such a breach has occurred, the controller should notify the breach to the supervisory authority without undue delay and, where feasible, within 724 hours. Where this cannot achieved within 724 hours, an explanation of the reasons for the delay should accompany the notification. The individuals whose personal data could be adversely affected by the breach and which is likely to lead to significant risk of harm to the data subject, thereby avoiding information overload for the data subject, should be notified without undue delay in order to allow them to take the necessary precautions. A breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in, for example, identity theft or fraud, physical harm, significant humiliation or damage to reputation. The notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects. Notifications to data subjects should be made as soon as reasonably feasible, and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities (e.g. law enforcement authorities). For example, the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay.
Amendment 152 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(e a) in areas covered by Articles 153, 154 and 155 of the Treaty of the Functioning of the European Union (TFEU) regarding regulation of recruitment and conclusion and compliance of collective agreements.
Amendment 156 #
2012/0011(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, whether the processing takes place in the Union or not.
Amendment 161 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonablyor singled out and treated differently, by means likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;
Amendment 162 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, Internet Protocol addresses, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;
Amendment 191 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 195 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(f a) The processing of data, inter alia information of members of an organisation, which is done by the organisation in question in compliance with its statutory rules, is of outmost importance for the data controller in voluntary membership based organisations.
Amendment 214 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. Access to a given consent in regards to Article 6, paragraph 1 (a), as well as Article 9, paragraph 2 (a), can be limited in cases where internal rules of organisations regarding fraud and of crime prevention reasons, in accordance with legislation of the Member State, are enforced.
Amendment 216 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4 b. This provision shall not apply to the right of the employer to process data on the basis of consent by the employee nor the right of public authorities to process data on the basis of consent by the citizen.
Amendment 217 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 1318 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology without causing unnecessary processing of data besides the purpose of the consent.
Amendment 237 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The controller shall establish procedures for providing the information referred to in Article 14 and for the exercise of the rights of data subjects referred to in Article 13 and Articles 15 to 19. The controller shall provide in particular mechanisms for facilitating the request for the actions referred to in Article 13 and Articles 15 to 19. Where personal data are processed by automated means, the controller shall also provide means for requests to be made electronically. The procedures referred to in this Article can be procedures already established by public authorities in the Member States provided that the procedures comply with the provisions of the Regulation.
Amendment 260 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing and profiling. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.
Amendment 262 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Subject to the necessary legal safeguards, especially in order to ensure that information are not used to take measures or decisions regarding specific persons, Member States can, in cases with no risk of violation of privacy, by law limit the rights following article 15 only if these rights are processed as part of scientific research in compliance with article 83 of this Regulation or only if these personal data are stored in the specific timeframe it takes to make statistics.
Amendment 265 #
2012/0011(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a In compliance with the data requirements of this Regulation, especially privacy by design, the provisions in paragraph 4 and 6 of this Article do not change the right of public authorities to store data to have the possibility of having documentary evidence of a given case history.
Amendment 293 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person shall have the right both offline and online not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour. Children can not be subject to a measure of this article.
Amendment 323 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Having regard to the state of the art and the cost of implementation, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
Amendment 325 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1 a. Anonymisation or pseudonymisation of personal data should be applied by the data processor where feasible and proportionate according to the purpose of processing.
Amendment 327 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary for each specific purpose of the processing, that the settings automatically comply with the general principles of data protection of this Regulation, and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
Amendment 335 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point h a (new)
Article 26 – paragraph 2 – point h a (new)
(h a) When a processor is processing data on behalf of the controller, the processor must implement privacy by design and privacy by default.
Amendment 346 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4 a. a public authority when dealing with data other than personal sensitive data as referred to in Article 9, paragraph 1, of this Regulation.
Amendment 347 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – point b
Article 28 – paragraph 4 – point b
Amendment 368 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. When the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject, inter alia by identity theft or fraud, physical harm, significant humiliation or damage to reputation, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject without undue delayin a clear and concise manner without undue delay and within 72 hours.
Amendment 370 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The communication to the data subject referred to in paragraph 1 shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (b), (c) and (cd) of Article 31(3).
Amendment 374 #
2012/0011(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) This Regulation allows the principle of public access to official documents to be taken into account when applying the provisions set out in this Regulation. Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Member State legislation to which the public authority or public body is subject. Such legislation shall reconcile the right to the protection of personal data with the principle of public access to official documents.
Amendment 389 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
Amendment 407 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority in any Member State if they consider that the processing of personal data relating to them does not comply with this Regulation. This complaint must not inflict costs on the data subject.
Amendment 414 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered material or immaterial damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
Amendment 426 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b
Article 79 – paragraph 3 – point b
Amendment 441 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States may adopt by law specific rules regulating the processing of employees‘ personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. This Regulation must, in accordance with the principles of Article 5, respect collective agreements regarding decentralized regulation of the employer's data processing concluded in accordance with this Regulation.
Amendment 442 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States may adopt by lawMember States may, in accordance with national law and practices, adopt specific rules regulating the processing of employees‘' personal data in the employment context, in particular on the labour market, in particular but not limited to for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
Amendment 443 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
Amendment 444 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1is regulation recognizes the role of the social partners. In Member States where it has been left to the parties on the labour market to regulate wages and other work conditions through collective agreements, the social partners' obligations and rights under collective agreements should be taken into specific consideration when applying Article 6.1 (f).
Amendment 445 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 3 a (new)
Article 83 – paragraph 3 a (new)
3 a. Member States can adopt specific measures to regulate the processing of personal data for historical, statistical or scientific purposes while respecting the provisions of paragraph 1 and 2 of this article as well as respecting the Charter of Fundamental Rights of the European Union.
Amendment 446 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 3 b (new)
Article 83 – paragraph 3 b (new)
3 b. A Member State adopting specific measures according to article 83, paragraph 3a, must inform the Commission about the adopted measures prior to the date set in article 91, paragraph 2, and without undue delay inform the Commission about eventual changes at a later stage of the measures.
Amendment 468 #
2012/0011(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particular where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
Amendment 473 #
2012/0011(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Derogating from the prohibition on processing sensitive categories of data should also be allowed if done by a law, and subject to suitable safeguards, so as to protect personal data and other fundamental rights, where grounds of public interest so justify and in particular for health purposes, including public health and social protection and the management of health-care services, especially in order to ensure the quality and cost-effectiveness of the procedures used for settling claims for benefits and services in the health insurance system, or for historical, statistical and scientific research purposes.
Amendment 495 #
2012/0011(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Any person should have the right to have personal data concerning them rectified and a ‘right to be forgotten’ where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for reasons of public interest in the area of public health, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them.
Amendment 565 #
2012/0011(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) Where the processing is carried out in the public sector or where, in the private sector, processing is carried out by a largen enterprise, or where its core activities, regardless of the size of the enterprise, involve processing operations which require regular and systematic monitoring, a person should assist the controller or processor to monitor internal compliance with this Regulation. Such data protection officers, whether or not an employee of the controller, should be in a position to perform their duties and tasks independently. To safeguard their independence, data protection officers should when performing their duties enjoy special protection against dismissal and discrimination, comparable to trade union or workers representatives under national law and practices. Data protection officers should be appointed with the consent of the work place representation.
Amendment 590 #
2012/0011(COD)
Proposal for a regulation
Recital 88
Recital 88
(88) Transfers which cannot be qualified as frequent or massive, could also be possible for the purposes of the legitimate interests pursued by the controller or the processor, when they have assessed all the circumstances surrounding the data transfer. For the purposes of processing for historical, statistical and scientific research purposes, the legitimate expectations of society for an increase of knowledge should be taken into consideration.
Amendment 641 #
2012/0011(COD)
Proposal for a regulation
Recital 125
Recital 125
(125) The processing of personal data for the purposes of historical, statistical or scientific research should, in order to be lawful, also respect other relevant legislation such as on clinical trials. This includes the use of ‘ethics committee’ in accordance with Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use.
Amendment 889 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) processings is necessary due to national practises for the social partners concerning collective agreements;
Amendment 920 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Processing of personal data which is necessary for the purposes of historical, statistical or scientific researchpurposes shall be lawful subject to the conditions and safeguards referred to in Article 83.
Amendment 1437 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) for historical, statistical and scientific research purposes in accordance with Article 83;
Amendment 2154 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor shall together with the worker representatives designate a data protection officer in any case where:
Amendment 2232 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. The controller or the processor shall together with the worker representatives designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their dus should, when performing their duties, enjoy special protection against dismissal and discrimination, comparable to trade union or workers representatives under national law and practices.
Amendment 2298 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point b a (new)
Article 37 – paragraph 1 – point b a (new)
(ba) to inform and consult the worker representatives regarding the personal data of workers;
Amendment 2585 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the main establishment of the controller or processor shall be competent for the supervision of the processing activities of the controller or the processor in all Member States, without prejudice to the provisions of Chapter VII of this Regulation. The provisions from labour legislation and collective agreements remain unaffected.
Amendment 2784 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. Any body, organisation or association which aims to protect data subjects‘ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a Member State, including worker representatives, shall have the right to lodge a complaint with a supervisory authority in any Member State on behalf of one or more data subjects if it considers that a data subject's rights under this Regulation have been infringed as a result of the processing of personal data.
Amendment 2971 #
2012/0011(COD)
Proposal for a regulation
Article 80 a (new)
Article 80 a (new)
Article 80a Processing of personal data and the principle of public access to official documents This Regulation allows the principle of public access to official documents to be taken into account when applying the provisions set out in this Regulation. Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Member State legislation to which the public authority or public body is subject. Such legislation shall reconcile the right to the protection of personal data with the principle of public access to official documents.
Amendment 3007 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States may adopt by lawMember States may in accordance with national law and practices adopt specific rules regulating the processing of employees‘ personal data ion the employment context, in particular forlabour market in particular for but not limited to the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship. This regulation recognizes the role of the social partners. In countries where it has been left to the parties on the labour market to regulate wages and various other work condition through collective agreements the social partners' obligations and rights under collective agreements should be taken into specific consideration when applying Article 6(1)(f).
Amendment 3014 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1 a (new)
Article 82 – paragraph 1 a (new)
1a. The following data processing by the employer or by a third party directly or indirectly linked to the employer or working by order or account for the employer in the employment context is prohibited: (a) without information in advance provided to the worker as set out in Article 14; (b) permanent control of workers or control of their performance and behaviour independently of the technology used; (c) genetic data; (d) medical data; (e) monitoring of trade union and worker representatives in their function including the blacklisting of workers. This applies to the personal data of the worker and a job applicant.
Amendment 3033 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
Amendment 3035 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 2 a (new)
Article 82 – paragraph 2 a (new)
2a. Trade unions shall have the right to represent the employee when reporting complaints to the supervisory authority or when seeking judicial remedy. Trade Unions shall furthermore have the right to take class action.
Amendment 3043 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
Amendment 3049 #
2012/0011(COD)
Proposal for a regulation
Article 83 – title
Article 83 – title
Processing for historical, statistical and scientific research purposes
Amendment 3053 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – point a
Article 83 – paragraph 1 – point a
(a) these purposes cannot be otherwise fulfilled by processing data which does not permit or not any longer permit the identification of the data subjectanonymous data;
Amendment 3068 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
1a. Further processing of sensitive personal data for medical research purposes may be allowed in line with relevant national and EU legislation and after a favourable opinion by an Ethics Committee.
Amendment 7 #
2011/2272(INI)
Motion for a resolution
Recital B
Recital B
(B) Whereas the single market must ensure, also, a high level of protection for all consumers with a special focus devoted to vulnerable consumers and ofin order to strengthening their capabilities,
Amendment 11 #
2011/2272(INI)
Motion for a resolution
Recital C
Recital C
(C) Whereas vulnerable consumers are a heterogeneous group comprised of persons who are considered as such because of their mental, physical or psychological disability, their age, their credulity or their education, or persons made vulnerable by their social and financial situation who require special protection and a specific strategy on the part of the authorities,
Amendment 20 #
2011/2272(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the diversity of vulnerable situations hinders a uniform approach and has led the legislation as well as the policies in existence up to the present time to address the problem of vulnerability on a case by case basis;. In this context, the future of consumer policy and law should draw on general solutions that are fully based on the consumer's various needs and abilities.
Amendment 32 #
2011/2272(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks the Commission and encourages the Member States to maintain constant and close observation of social and consumer behaviour that may place certain groups or individuals in vulnerable situations in order to prevent such behaviour, and to put an end to vulnerability, when it occurs, through specific protection measures;reform of consumer protection to provide protection for all consumers, regardless of ability, and whatever stage of life.
Amendment 44 #
2011/2272(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business- to-consumer commercial practices in the internal market focuses insufficiently on the problem of vulnerability, limiting itself to consumers' economic interest, also finds that the use of the term average consumer, often provide unsatisfying protection for vulnerable consumers where economic activity is aimed at a broad group of consumers;
Amendment 48 #
2011/2272(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RegretsPoints out that Directive 2011/83/EU on consumer rights, which is the most recent instrument devoted to the protection thereof, does not apply to certain sectors where a particular vulnerability exists, and does not contain a specific regulation in regard thereto, beyond a mention in Whereas clause 34;strengthens pre-contractual and contractual information requirements, articulating a stronger right of withdrawal when the provider or seller has failed to fulfil his legal obligation to provide said information, and requiring that it be conveyed in a clear and comprehensible manner; however, notes that the Directive does not apply to certain sensitive sectors as the financial sector or the transportation sector, where a particular vulnerability exists which must be tackled by appropriate and effective means,
Amendment 54 #
2011/2272(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets that the efforts of the European Commission are centred principally on promoting consumer empowerment; although the Commission's concern that European consumers be better informed about their options and their rights is laudable, and all action in this regard contributes to a more efficient internal market, this focus is clearly insufficient to protect consumers in general and vulnerable consumers in particular, who require specific attention in order to develop a consumer policy for all European consumers;
Amendment 61 #
2011/2272(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that many consumers’ vulnerability results precisely from their lack of assertiveness and comprehension of the information they receive or of the options available, or from their lack of awareness of the existingfrom inaccessible information and lack of accessible alternatives as well as the poorly formulated complaint and redress schemes offered, especially in the case of cross- border consumption and online commerce;
Amendment 69 #
2011/2272(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that, in the case of contractual relations, the consumer frequently is the weaker party in such relations; when said party to said contracts is in a vulnerable situation, providers must be involved in thethe legislator must provide the necessary legal protection of said partythe consumers, and the authorities and administrations must provide incentives to such involvensure that the consumers are protected. It's considered as good business practice as a company to implement systems that contributes to all consumers' capacity to understand and assess an agreement;
Amendment 72 #
2011/2272(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that Directive 2011/83/EU on consumer rights strengthens pre- contractual and contractual information requirements, articulating a stronger right of withdrawal when the provider or seller has failed to fulfil his legal obligation to provide said information, and requiring that it be conveyed in a clear and comprehensible manner; notes that, in spite of this, vulnerable consumers may be incapable of reading consumers who cannot read become vulnerable consumers if they are not offered information in alternative formats or in some other manner are provided with a real basis for assimilating the information given to them;
Amendment 78 #
2011/2272(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Asks the European Commission and the Member States that the regulation of safety standards and conditions for certain products, especially those intended for use by consumers in vulnerable situations, consider not only the foreseen use but also the foreseeable use, and that quality requirements and protection measures be emphasised, notes that the foreseen use often does not address the specific risks that consumers in vulnerable situations might face; calls on the future revision of the General Product Safety Directive to focus on these abovementioned concerns;
Amendment 85 #
2011/2272(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Asks the Member States and the European Commission to devote their efforts to harmonismaking signage directed at citizens with disabilities accessible, including through standardization, and to promote the provision of information by companies in formats accessible to said citizens;
Amendment 99 #
2011/2272(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Deplores that advertising for food with high fat, salt and sugar content is aimed at children and young people, who increasingly suffer the consequences of sedentariness and obesity; calls on the actors involved to educate and inform minors and their caregivers about the importance of a balanced diet; in this regard it should be analysed in depth if there is a need for stricter rules regarding commercials aimed at children and young people;
Amendment 111 #
2011/2272(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises that special attention has to be given to online marketing of harmful substances such as alcohol which reaches young people. Due to the nature and scope of the online marketing tactics i.e. social networks, online marketing of alcohol is very difficult to monitor for individual Member States and actions from the European Commission would be of added value;
Amendment 114 #
2011/2272(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that in spite of the existence of legislation on the subject, the lack of enforcement of said legislation means that travellers often find themselves in vulnerable situations, especially in case of cancellation or delay of their trip, which ismight be exacerbated when the consumer suffers from a disability; encourages the European Commission and the Member States to take the necessary measures to ensure inter alia transparency in fares, access to information and help;
Amendment 125 #
2011/2272(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores that the digitalisation of services and the added costis not designed with the senior consumer in mind. The savings that the management thereof poses for brick-and- mortar offices and stores may mean that senior consumers, who are the ones primarily affected by the digital divide, cannot take advantage of the benefits of online commerce and should be utilised to improve the service for senior consumers. Senior consumers in particular, who generally have higher rates of functional impairment, have a particularly large amount to gain from well-designed electronic services and online commerce. On the other hand, efforts from the community at large also impacted by the ‘poverty premium’, paying more for the same productsnd from enterprises in particular are required in order to make it easier for senior consumers and to train them to enable them to take full advantage of the benefits of digitalisation;
Amendment 139 #
2011/2272(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the European Commission and the Member States to consider establishing free-of-chargeffective mechanisms for alternative dispute resolution with as low costs as possible for the complaints that can be activated automatically when a vulnerable consumer is involved, as well as for collective actions. In addition the rules for European collective actions should be designed specifically to assist vulnerable consumers to have their rights respected;
Amendment 5 #
2011/2201(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the importance that the Commission attaches to the promotion of SOLVIT and EU Pilot as alternative problem-solving mechanisms, and calls on the Commission to strengthen its efforts in this respect; emphasises that SOLVIT has proved effective in resolving problems affecting citizens such as the recognition of professional qualifications and employment rights; recalls its support for a separate budget line for SOLVIT; welcomes the revamped Your Europe Portal as a single-entry website giving access to information about rights in different sectors as well as to assistance services;
Amendment 6 #
2011/2175(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that food waste represents an economic cost andis also a waste of both economic and environmental resources; points out that it poses an internal market challenge for both business and consumers and emphasises that strong political action is required to break the habit;
Amendment 17 #
2011/2175(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Asks the Commission to clarify food date labelling (‘Best before’, ‘Use by’) in order to reduce uncertaintydraw up guidelines on how EU food date labelling (‘Date of manufacture’, ‘Best before’, ‘Use by’) can help consumers make informed choices regarding food edibility;
Amendment 20 #
2011/2175(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that food waste is a result of economic structures that lead to overproduction and the unequal distribution of food;
Amendment 27 #
2011/2175(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on all stakeholders to continuein the food chain to take sharedgreater responsibility; encourages them to enhance coordination along the food supply chain and to improve logistics, stock management and packaging; believes that discount offers should to a greater extent target excess stock and food near expiry;
Amendment 35 #
2011/2175(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks the Commission to draw up guidelines on which refrigerated and freezer cabinets should be used by food retailers; notes that those used at present in the sector in Europe waste too much energy, which is bad for the environment and also leads to the risk of foodstuffs being unfit for consumption before their expiry date;
Amendment 36 #
2011/2175(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to issue recommendations regarding temperatures for refrigerators in retail outlets, households and public service, based on evidence that highwrong temperatures causes unnecessary waste;
Amendment 40 #
2011/2175(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. UrgesCalls on the Commission to publish a user- friendly manual for the retail trade and consumers on the use of discarded and expired products for food donation and animal feed, building on best practices in the food supply chain;
Amendment 43 #
2011/2175(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes that waste management in the Member States can be improved to help make the food chain more effective; calls on the Commission to investigate the link between food waste and the quality of waste management and to assess which measures can be taken in the field of waste management to reduce food waste;
Amendment 46 #
2011/2175(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on Member States and stakeholders to share and make available best practices, combining knowledge from relevant forums and platforms e.g. through the Consumer Goods Forum.;
Amendment 47 #
2011/2175(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to look into food wastage within the EU’s own institutions by launching an information campaign in EU canteens and restaurants and introducing methods to assess the volume of food waste generated by agents of the decision-making institutions;
Amendment 12 #
2011/2149(INI)
Motion for a resolution
Recital C
Recital C
C. whereas consumers do not form one single homogenous group, and whereas these conditions of inequality between consumers need to be addressed in the Consumer Agenda; whereas attention must be paid to non-discrimination and accessibility in the Consumer Agenda, especially as regards consumers with disabilities,
Amendment 19 #
2011/2149(INI)
Motion for a resolution
Recital E
Recital E
E. whereas a properly functioning internal market should offer consumers a wider choice of high-quality products and services at competitive prices and, at the same time, a high level of consumer protection and, protection for the environment and protection for animals,
Amendment 33 #
2011/2149(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas good animal husbandry is vital in reducing the use of antibiotics in animal production,
Amendment 34 #
2011/2149(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the European Parliament and national parliaments should protect health and wellbeing of its citizens.
Amendment 44 #
2011/2149(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the need for the proper implementation and enforcement of existing legislation (in particular the latest consumer rights directive) accompanied by appropriate dissemination of the new ‘rules of the game’;
Amendment 52 #
2011/2149(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the numerous challenges facing the Consumer Agenda: making sure private consumption becomes moreenvironmentally and ethically sustainable, reducing levels of inequality between consumers, reducing consumers’ exposure to hazardous chemicals and products and protecting children and young people from advertising;.
Amendment 53 #
2011/2149(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the numerous challenges facing the Consumer Agenda: making sure private consumption becomes more sustainable, reducing levels of inequality between consumers, reducing consumers' exposure to hazardous chemicals and products and protecting children from advertising; as well as encouraging sustainable and healthy consumer behaviours;
Amendment 58 #
2011/2149(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to carry out more systematic impact assessments and policy audits of the evolving ‘EU consumer acquis’, where appropriate; emphasises that the lack of compliance is a greater problem than a lack of consumer law and that market surveillance should therefore be stepped up;
Amendment 73 #
2011/2149(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to analyse and clarify the role of consumers as co- producers of services and particularly as content producers in new media;
Amendment 83 #
2011/2149(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises that the Consumer Agenda needs to highlight the market in content for digital products, e.g. e-books;
Amendment 116 #
2011/2149(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to include the protection of children among the main priorities of the Consumer Agenda and propose a ban on TV advertising and direct advertising aimed at children under the age of 12; points out that advanced marketing techniques, such as viral marketing, and use of the Internet and social media by children and young people should also be taken into consideration when dealing with child-oriented advertising;
Amendment 118 #
2011/2149(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that advertising makes a major contribution to fostering positive attitudes to alcohol, especially in young people, as alcohol advertising affects the point at which young people start drinking and persuades those who already drink to increase their consumption; stresses that studies also show there is a direct link between how much advertising young people are exposed to and how much they increase their consumption; calls on the Commission to propose a ban on alcohol advertising aimed at consumers;
Amendment 137 #
2011/2149(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that it is vital that the Commission should also address the importance of clear food labelling in the Consumer Agenda, eco-labelling, energy labelling and other labelling of goods and services in the Consumer Agenda, both for the sake of consumers and also to facilitate public procurement;
Amendment 139 #
2011/2149(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that it is vital that the Commission should also address the importance of food labelling in the Consumer Agenda, especially in case of alcoholic beverages;
Amendment 157 #
2011/2149(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to highlight the importance of standardisation in the Consumer Agenda in order to simplify complex processes and complex consumer information on services, for example, and to ensure that both consumer organisations and national authorities are involved in this important task;
Amendment 174 #
2011/2149(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Commission to pay attention in the Consumer Agenda to the importance of public procurement for sustainable consumption; calls on the Commission, the Council and the Member States to take account of consumers’ desires for environmentally and ethically sustainable consumption;
Amendment 187 #
2011/2149(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
87 27. Stresses the need for the forthcoming Multiannual Financial Framework for the post-2013 period to be well funded and to take into account the ambitious aims set out in the Consumer Agenda; points out that adequate and guaranteed funding from the EU is required for consumer organisations to be able to represent consumers in all EU Member States;
Amendment 260 #
2011/2084(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Highlight the need to recognize that the organizers of horse racing events own the rights to information databases on the races they organise.
Amendment 262 #
2011/2084(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Recognize the need to pay attention to the specific preconditions of the trotting and thoroughbred racing sports that differentiates them from other sports subject to betting. National traditions and the trotting and thoroughbred racing sports’ unique preconditions require that possible EU level actions in the field of gambling are flexible enough to allow for national solutions utilising the Pari Mutuel Model and solutions that make provision for a viable sport in Europe.
Amendment 9 #
2011/2069(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the 1949 UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others,
Amendment 11 #
2011/2069(INI)
Motion for a resolution
Citation 8 b (new)
Citation 8 b (new)
- having regard to the UN Convention on the Rights of Persons with Disabilities,
Amendment 243 #
2011/2069(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Member States to set specific employment targets in the framework of their National Reform Programmes to ensure that women have equal access with men to enter and stay in the labour market; with a view to closing the entrenched gender pay and pension gaps these targets must address the persistent concentration of women in part-time, low-pay and precarious work and ensure sufficient quality care facilities for children and other dependents;
Amendment 251 #
2011/2069(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the EU to put an end to policies establishing dependency between family members in the framework of family reunion and calls on the EU and its Member States to grant migrant women an autonomous residence status, especially in cases of domestic violence;
Amendment 254 #
2011/2069(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Considers that women’s underrepresentation in political decision- making is a question of fundamental rights and democracy; welcomes the legislated parity systems and gender quotas introduced in France, Spain, Belgium, Slovenia, Portugal and Poland, and calls on the Member States with particularly low representation of women in political assemblies to consider introducing binding legislative measures;
Amendment 256 #
2011/2069(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Considers that violence against women is the most pervasive violation of girls’ and women’s human rights worldwide, including in the EU; calls on the EC to establish 2015 as the European Year to End Violence against Women, and to deliver a related EU-wide strategy to end violence against women as announced in the Council Conclusions of March 2010, comprising legally binding instruments, awareness raising actions, data collection, and funding for NGOs;
Amendment 258 #
2011/2069(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Reiterates its position on sexual and reproductive health rights, as stated in its resolutions of 10 February 20101 and 8 March 20112 on equality between women and men in the European Union – 2009 and 2010; expresses concern in this respect about recent restrictions on access to sexual and reproductive health services in some Member States, in particular safe and legal abortion, sexuality education and funding cuts to family planning; 1 P7_TA(2010)0021 2 P7_TA(2011)0085
Amendment 295 #
2011/2069(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the European Institute for Gender Equality in coordination with the Fundamental Rights Agency to conduct research and provide guidance at European and Member State level as regards the specific situation of women and girls with disabilities; particular attention should be paid to practices of forced sterilisation and coerced abortion, which may amount to torture or inhuman or degrading treatment and should, therefore, be prosecuted and punished;
Amendment 344 #
2011/2069(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Notes that there is a huge disparity in recognition of gender-based persecutions in asylum procedures in the EU; calls on Member States to adopt and implement gender guidelines for initial decision makers and judges based on UNHCR gender-relevant guidelines and the European Asylum Support Office to develop tools to ensure a gender equality perspective in the Common European Asylum System;
Amendment 349 #
2011/2069(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Considers that the tolerance for prostitution in Europe leads to an increase in trafficking of women into Europe for sexual purposes and to sex tourism; calls on the EU to set up mechanisms to ensure that the gender- equality analysis of trafficking in human beings is part of all laws and policies aimed at preventing and combating trafficking and to address the root causes of trafficking through preventive measures such as sanctions, education and awareness campaigns;
Amendment 400 #
2011/2069(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Stresses the need to integrate the necessary gender equality dimension of victim’s rights in the proposed directive establishing minimum standards on the rights, support and protection of victims of crime; the definition of gender-based violence should refer to violence against women and the definition of violence in close relationships needs a concrete gender dimension;
Amendment 64 #
2011/2048(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for an explicit statement in the directive that it does not prevent any country from complying with ILO Convention No 94, stresses that the effective functioning of public procurement requires clear and unambiguous EU rules precisely defining the framework of Member States’ legislation and implementation, in particular in relation to international agreements that Member States have ratified;
Amendment 67 #
2011/2048(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 118 #
2011/2048(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the Public Procurement Directive should make it clear that it is both desirable and possible for public operators to impose conditions and take account of both environmental and social criteria when awarding contracts;
Amendment 20 #
2011/2025(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 56 #
2011/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises that technological developments have on the one hand created new threats to the protection of personal data and on the other also led to a vast increase in the use of information technologies for everyday and normally harmless purposes, and that these developments require a thorough evaluation of the current data protection rules to ensure that (i) the rules still provides a high level of protection, (ii) the rules still strike a fair balance between the right to protection of personal data and the right to freedom of speech and information, and (iii) the rules do not unnecessarily hinder everyday processing of personal data which is typically harmless;
Amendment 168 #
2011/0438(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, Article 45(2), Article 53(1), Article 62 and Article 114 as well as Protocol No 26 thereof,
Amendment 176 #
2011/0438(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy12 as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors13 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts14 have to be revised and modernised in order to increase the efficiency of public spending,enable procurers to make better use of public procurement in support of sustainable development compliance with social and labour rights and other common societal goals and in order thereby to increase the efficiency of public spending, guaranteeing the best possible result in terms of cost- effectiveness and facilitating in particular the participation of small and medium- sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals. There is also a need to simplify Union rules on public procurement, in particular as regards the method used to achieve the sustainability objectives which should be part and parcel of public procurement policy and clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union.
Amendment 188 #
2011/0438(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) This Directive ensures the enforcement of Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses in order to ensure the respect of the rules of equal competition and the protection of workers in the context of the transfer of an undertaking. In particular the right to require employees to be taken over by the legal entity that take over the business.
Amendment 269 #
2011/0438(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Where cContracting authorities choose to award a contract to the most economically advantageous tender, they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value, including environmental and social responsibility, for money. The determination of these criteria depends on the subject-matter of the contract or the subject matter of the production since they must allow the level of performance offered by each tender to be assessed in the light of the subject-matters of the contract and production, as defined in the technical specifications, and the value for money of each tender to be measured. Furthermore, the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective and fair competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified.
Amendment 287 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to or the production of the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of worker. Contracting authorities may require the production of certificates/labels drawn up by independent bodies attesting that the economic operator complies with rules and standards in the frameworkield of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tenderalth and safety, social and labour law defined by Union and national legislation and by collective agreements which apply in the place where the work, service or supply is to be performed.
Amendment 295 #
2011/0438(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and or production, and are indicated in the contract notice, the prior information notice used as a means of calling for competition or the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For instance, mention may be made, amongst other things, of the requirements applicable during performance of the contract to recruit long-term job-seekers or to implement training measures for the unemployed or young persons, to comply in substance with fundamental International Labour Organisation (ILO) Conventions, in particular ILO Convention 94, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons than are required under national legislation.
Amendment 340 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Contracts for social and other specific services listed in Annex XVI are exclusively regulated by Articles 74 to 76 of this Directive.
Amendment 440 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) employment contracts or collective agreements which contributes to the improvement of conditions of work and employment;
Amendment 455 #
Amendment 582 #
2011/0438(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Service contracts awarded on the basis of exclusive right This Directive shall not apply to public service contracts awarded by a contracting authority to another contracting authority or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the treaties.
Amendment 596 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraphs 2 a and b (new)
Article 15 – paragraphs 2 a and b (new)
Public procurement is to be used to achieve a smart, sustainable and inclusive growth and to support common societal goals and to provide goods and services of high quality. It is the right of public authorities at all levels to decide how they want to provide commissioning and organise their services. Economic operators shall apply obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by national legislation and/or collective agreements or international labour law provisions listed in Annex XI and in particular ILO Convention 94.
Amendment 642 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
4a. Member States that have whistle- blower protection for public employees to combat corruption and other breaches of civil law and/or crimes (within the public sector) may request that an equivalent protection is given to an employee employed by the economic operator, if the economic operator performs publically funded services.
Amendment 937 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point a
Article 41 – paragraph 1 – subparagraph 1 – point a
(a) the requirements for the label only concern characteristics which are linked to the subject-matter of the contract or the production of the subject-matter of the contract and are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 1033 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation and national laws, regulations and other binding provisions in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.
Amendment 1051 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation or national laws, regulations and other binding provisions in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 1064 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d
Article 55 – paragraph 3 – subparagraph 1 – point d
(d) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority.
Amendment 1133 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most economically, socially and environmentally advantageous tender;
Amendment 1160 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically, socially and environmentally advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter or the production of the subject-matter of the public contract in question, such as:
Amendment 1175 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point a a (new)
Article 66 – paragraph 2 – point a a (new)
(aa) life-cycle process criteria;
Amendment 1178 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point a b (new)
Article 66 – paragraph 2 – point a b (new)
(ab) socially sustainable production process criteria, which may also involve the employment of disadvantaged individuals or members of vulnerable groups;
Amendment 1183 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point b
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question as well as the capacities, abilities and professional conduct of any subcontractor may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced and further subcontracting will only be permitted with the consent of the contracting authority, which must verify that replacements or further subcontracting ensure equivalent organisation and quality;
Amendment 1199 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 3
Article 66 – paragraph 3
3. Member States may provide that the award of certain types of contracts shall be based on the most economically, socially and environmentally advantageous tender as referred to in point (a) of paragraph 1 and in paragraph 2.
Amendment 1206 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1
Article 66 – paragraph 5 – subparagraph 1
5. In the case referred to in point (a) of paragraph 1 the contracting authority shall specify, in the contract notice, in the invitation to confirm interest, in the procurement documents or, in the case of a competitive dialogue, in the descriptive document, the relative weighting which it gives to each of the criteria chosen to determine the most economically , socially and environmentally advantageous tender.
Amendment 1250 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – introductory part
Article 69 – paragraph 1 – introductory part
1. Contracting authorities shall require economic operators to explain the price or costs charged, where allone of the following conditions areis fulfilled:
Amendment 1257 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point a
Article 69 – paragraph 1 – point a
(a) the price or cost charged is more than 250 % lower than the average price or costs of the remaining tenders
Amendment 1263 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point b
Article 69 – paragraph 1 – point b
(b) the price or cost charged is more than 210 % lower than the price or costs of the second lowest tender;
Amendment 1266 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 1 – point c
Article 69 – paragraph 1 – point c
Amendment 1283 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection with the provisions relating to employment protection and working conditions in force at the place where the work , service or supply is to be performed;
Amendment 1289 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation or national laws, regulations and other binding provisions in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XI.
Amendment 1317 #
2011/0438(COD)
Proposal for a directive
Article 70 a (new)
Article 70 a (new)
Article 70a Obligations relating to taxes, environmental protection, employment protection provisions and working conditions 1. A contracting authority may state in the contract documents, or be obliged by a Member State so to state, the body or bodies from which a candidate or tenderer may obtain the appropriate information on the obligations relating to taxes, to environmental protection, to the employment protection provisions and to the working conditions which are normally applied in the place where the works are to be carried out or services are to be provided and which shall be applicable to the works carried out on site or to the services provided during the performance of the contract. 2. A contracting authority which supplies the information referred to in paragraph 1 shall request the tenderers or candidates in the contract award procedure to indicate that they have taken account, when drawing up their tender, of the obligations relating to employment protection provisions and the working conditions which are normally applied in the place where the works are to be carried out or the service is to be provided. 3. Member States that have whistle-blower protection for public employee (within the public sector) may request that an equivalent protection is giving to employee employed by the economic operator, if the economic operator performs public funded services.
Amendment 1437 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. Member States are free to prescribe that social and other specific services listed in Annex XVI are to be undertaken in a specific type of economic operator.
Amendment 1440 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2 b (new)
Article 76 – paragraph 2 b (new)
2b. In contracts for social and other specific services listed in Annex XVI, contracting authorities may require economic operators to re-invest in the specific operation any profit gained in the same operation or only allow non-profit entities as tenderers.
Amendment 1588 #
2011/0438(COD)
Proposal for a directive
Annex 16 - row 6
Annex 16 - row 6
Amendment 234 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 6
Article 4 a – paragraph 6
6. The Commission shall adopt implementing acts specifyestablishing European Professional Cards for specific professionsto be issued to the automatically recognised professions where they request them, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 58.
Amendment 376 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – point b a)
Article 5 – paragraph 1 – point b a)
a) the profession or the education and training leading to the profession is regulated in the host Member State;
Amendment 393 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4
Article 7 – paragraph 4
For the first provision of services, in the case of regulated professions having public health or safety implications, which do not benefit from automatic recognition under Chapter II or III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to theanyone’s health or safety of the service recipient due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
Amendment 457 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a
Article 1 – paragraph 1 – point 18 – point a
Basic medical training shall comprise a total of at least fivesix years of study, which may also be expressed with the equivalent ECTS credits, and shall consist of at least 5500 hours of theoretical and practical training provided by, or under the supervision of, a university.
Amendment 645 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 41
Article 1 – paragraph 1 – point 41
Directive 2005/36/EC
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
The competent authorities of the host and home Member States shall exchange information regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit ofend in the withdrawal or restriction of the right to pursue activities under this Directive, respecting personal data protection legislation provided for in Directive 95/46/EC and Directive 2002/58/EC of the European Parliament and of the Council (*).
Amendment 648 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1
Article 56 a – paragraph 1
The competent authorities of a Member State shall inform the competent authorities of all other Member States and the Commission about the identity of a professional who has been prohibited by national authorities or courts from pursuingthe subject of a final and binding judgment by national authorities or courts prohibiting him from pursing, or restricting him in his right to pursue, even temporarily, on the territory of that Member State the following professional activities:
Amendment 229 #
2011/0427(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Based on the Agency's risk analysis and after consultation of, the Member States concerned, the Agency shall attribute the following impact levels to each of the external land and sea border sections of Member States:
Amendment 237 #
2011/0427(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The Member States shallould ensure that the surveillance and patrolling activities carried out at the external border sections correspond to the attributed impact levels in the following manner:
Amendment 107 #
2011/0344(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The general objective of the Programme shall be to contribute to the creation of an area, where the rights of persons, as enshrined in the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights of the European Unionthe principle of equality between women and men, equality and non-discrimination, as enshrined in the TFEU, the Charter and the international human rights conventions that the Union has acceded to, are promoted and, protected and effectively implemented.
Amendment 123 #
2011/0344(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) to prevent and combat all forms of violence against and harassment and exploitation of women, children young people and to protect victims and groups at risk, as well as to protect victims of such violence;
Amendment 143 #
2011/0344(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(aa) assisting and supporting non- governmental organisations (NGO) and other organisations operating in the field of prevention and combating violence;
Amendment 152 #
2011/0344(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) Analytical activities, such as regular collection of comparable data and statistics; including on different types of violence against women, children and young people, development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations and impact assessments; elaboration and publication of guides, reports and educational material; monitoring and assessment of the transposition and application of Union legislation and of the implementation of Union policies; workshops, seminars, experts meetings, conferences;
Amendment 154 #
2011/0344(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) Training activities, such as staff exchanges, workshops, seminars, train-the- trainers events, development of online/other training modules; these activities should include a gender dimension and an anti-discrimination perspective;
Amendment 157 #
2011/0344(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) Mutual learning, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including targeting specific audiences, including campaigns in the area of preventing and combating all forms of violence against women, children and young people and corporate communication of the political priorities of the European Union; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies;
Amendment 160 #
2011/0344(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) Support for main actors, such as support for Member States when implementing Union law and policies; support for key European level networks whose activities are linked to the implementation of the objectives of the Programme; support with action grants and operating grants and running costs for NGOs or other organisations pursuing the objectives of the programme; networking among specialised bodies and organisations, national, regional and local authorities at European level; funding of experts' networks; funding of European level observatories.
Amendment 175 #
2011/0344(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Annual work programmes 1. The Commission shall be empowered to adopt delegated acts in accordance with Article 8b in the form of annual work programmes drawn up in accordance with the Financial Regulation and setting out in particular: (a) the annual priorities and the actions to be undertaken, including the indicative allocation of financial resources; (b) detailed eligibility criteria for the beneficiaries; (c) the essential selection and award criteria to be used to select the proposals receiving financial contributions. 2. The Commission shall adopt implementing acts setting out the time schedule of the planned calls for tenders and calls for proposals in order to implement the annual work programmes referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9(2). 3. Appropriate and fair distribution of financial support between different areas covered by this Regulation shall be ensured, while considering the level of funding already allocated under the previous 2007-2013 programmes referred to in Article 13. When deciding on the allocation of funds to those areas in the annual work programmes, the Commission shall take into consideration the need to maintain sufficient levels for all areas referred to in Article 4(1).
Amendment 182 #
2011/0344(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. The Commission shall ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies operating in areas covered by the objectives of the Programme.
Amendment 668 #
2011/0281(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
Amendment 31 #
2011/0187(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) A Single Market for telecommunications cannot be said to exist while significant price differences exist between domestic and roaming prices; therefore the ultimate aim of this Regulation should be to eliminate roaming charges altogether, thus establishing a pan-EU mobile communications market.
Amendment 32 #
2011/0187(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) The objective of reducing the difference between national and roaming tariffs so as to approach zero by 2015 was proposed by the Commission in the Benchworking Framework 2011-2015 and subsequently endorsed by the Member States in November 20091. That objective is also included in the Commission Communication entitled "A Digital Agenda for Europe"2. __________________ 1 http://ec.europa.eu/information_society/ee urope/i2010/docs/benchmarking/benchma rking_digital_europe_2011-2015.pdf 2 COM (2010)0245.
Amendment 96 #
2011/0187(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Regulation introduces a common approach to ensuringbring about a truly single market in mobile communications. The first step is to put in place an transitional period to ensure that users of public mobile communications networks when travelling within the Union do not pay excessive prices for Union-wide roaming services in comparison with competitive national prices, when making calls and receiving calls, when sending and receiving SMS messages and when using packet switched data communication services, thereby contrib. The second step is to put ing to the smooth functioning of the internal market while achieving a high level of consumer protection, fostering competition and transparency in the market and offering both incentives for innovation and consumer choice place the necessary technical and structural measures which would enable the abolition of the concept of roaming within the whole Union, ensuring identical prices throughout the Union.
Amendment 99 #
2011/0187(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 a (new)
Article 1 – paragraph 1 – subparagraph 2 a (new)
The separate sale of roaming services and domestic mobile communications services is a temporary and intermediate step to increase competition in order to lower roaming prices for customers in order to achieve a common European mobile market with no differentiation between national and roaming tariffs.
Amendment 101 #
2011/0187(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation also lays down rules aimed at increasing price transparency and improving the provision of information on charges to users of Union-wide roaming services both within and outside the Union.
Amendment 141 #
2011/0187(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a With effect from 1 July 2014, the retail prices for calls, SMS and data use shall be identical, irrespective of whether the customer is roaming or not. Until 30 June 2014, the retail price caps as laid down in Article 7, Article 9 and Article 12 shall have effect.
Amendment 145 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
In order to ensure the development of the singletemporary single roaming market, implementation of the technical solutions for the facility of separate sale of roaming services shall take place simultaneously across the Union. and meet the following criteria: (a) any technical solution must be cost- effective; (b) it shall be designed in a customer- friendly way; (c) it shall allow for a maximum degree of interoperability; (d) it shall allow for a local break-out solution for data usage in a customer- friendly manner; (e) it shall ensure that the concept of net neutrality is respected for all data use, in particular access to VOIP and other similar services; (f) customers shall be able to easily and quickly switch to an alternative roaming provider or between alternative roaming providers while retaining their mobile number; (g) roaming by Union citizens in third countries or by third country citizens in the Union shall not be impeded.
Amendment 169 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1104 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2815 and EUR 0,2410 on 1 July 2013 and on 1 Julanuary 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013. Without prejudice to Articles 13 and 19 tThese regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 190 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10. Without prejudice to Articles 13 and 19, t07. The price ceiling shall decrease to 0,06 on 1 July 2013 and to 0,05 on 1 January 2014. The regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016. Price differentiation between domestic and roaming calls shall be no longer possible from 1 July 2014.
Amendment 205 #
2011/0187(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,305, EUR 0,204 as of 1 July 2013 and EUR 0,103 as of 1 Julanuary 2014 per megabyte of data transmitted. Without prejudice to Article 13 tThe maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,103 per megabyte of data transmitted for the duration of this Regulationused until 1 July 2014 when price differentiation between domestic and roaming data shall be no longer possible.
Amendment 218 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9015 per megabyte. The price ceiling for data used shall decrease to EUR 0,7012 and EUR 0,509, per megabyte used on 1 July 2013 and on 1 Julanuary 2014 respectively. Without prejudice to Articles 13 and 19, tThe regulated maximum retail charge shall remain at EUR 0,509, per megabyte used until 301 Junely 20164 when price differentiation between domestic and roaming data shall be no longer possible.
Amendment 236 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer is at least 18 years old and has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member Statecountry other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member Statecountry.
Amendment 244 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
Amendment 247 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 4
Article 14 – paragraph 1 – subparagraph 4
On the occasion of each message, a customer who is at least 18 years old shall have the opportunity to give notice to home provider, free of charge and in an easy manner, that he does not require the automatic Message Service. A customer who has given notice that he does not require the automatic Message Service shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 255 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, both inside and outside the European Union, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers that use pre-paid services without automatic topping-up mechanism.
Amendment 267 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State concerned, except where the customer who is at least 18 years old has notified his home provider that he does not require this information.
Amendment 272 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member Statecountry other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 278 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
To this end, the home provider shall make available one or more maximum financial limits for specified periods of use, provided that the customer who is at least 18 years old is informed in advance of the corresponding volume amounts. One of these limits (the default financial limit) shall be close to, but not exceed, EUR 50 of outstanding charges per monthly billing period (excluding VAT).
Amendment 280 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 3
Article 15 – paragraph 3 – subparagraph 3
Alternatively, the home provider may establish limits expressed in volume, provided that the customer who is at least 18 years old is informed in advance of the corresponding financial amounts. One of these limits (the default volume limit) shall have a corresponding financial amount not exceeding EUR 50 of outstanding charges per monthly billing period (excluding VAT).
Amendment 283 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 6
Article 15 – paragraph 3 – subparagraph 6
Each home provider shall also ensure that an appropriate notification is sent to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, when the data roaming services have reached 80 % of the agreed financial or volume limit. Customers who are at least 18 years old shall have the right to require their operators to stop sending such notifications and shall have the right at any time and free of charge to require the home provider to provide the service again.
Amendment 294 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The Commission shall review the functioning of this RegIn order to bring about the necessary changes for a single market in mobile phone communications, as provided in Article 4a, the Commission, after consultation and, after a public consultationwith BEREC and other relevant stakeholders, shall preportsent a new legislative proposal to the European Parliament and the Council no later than 30 June 2015. The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:by 1 January 2013, which should also include a proposal to update the wholesale caps for the period between 1 July 2016 and 30 June 2020 taking into account the developments in wholesale charges for the provision of voice, SMS and data communication services;
Amendment 14 #
2011/0177(APP)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the proposal for the Rights and Citizenships Programme and underlines the need for a clear European added value of the funded activities; emphasises that the Rights and Citizenship programme should receive at least the same share of the overall funding available in the field of Justice as the three existing programmes integrated into it, allocated to them within the current Multiannual Financial Framework (MFF); deplores the Commission's proposal to decrease the funding for fundamental rights, equality and combating violence in the next MFF;
Amendment 89 #
2011/0154(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that suspects and accused persons are granted access to a lawyer of his her own choosing or to legal aid according to national legislation as soon as possible and in any eventof the earliest situations:
Amendment 97 #
2011/0154(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) upon carrying out any procedural or evidence-gathering act at which the person’s presence is required or permitted as a right in accordance with national law, unless this would prejudice the acquisition of evidencexcept where the person responsible for the act reasonably believes that the evidence to be gathered will be altered, removed, destroyed as a result of the passage of time needed to the lawyer to arrive;
Amendment 99 #
2011/0154(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) immediately from the outset of deprivation of liberty.
Amendment 102 #
2011/0154(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States shall notify suspects and accused persons that they have a right of access to a lawyer in accordance with the Directive on the right to information in criminal proceedings. They shall also ensure that this right is communicated in an appropriate manner that can be understood by all persons, including children and vulnerable.
Amendment 109 #
2011/0154(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The suspect or accused person shall have the right to be represented and meet with the lawyer of his her own choosing or with the one issued from the legal aid system according to national legislation and representing him.
Amendment 120 #
2011/0154(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The lawyer shall have the right to be present at any other investigative or evidence-gathering act at which the suspect or accused person’s presence is required or permitted as a right, in accordance with national law, unless this would prejudice the acquisition of evidencexcept where the person responsible for the act reasonably believes that the evidence to be gathered will be altered, removed, destroyed as a result of the passage of time needed for the the lawyer to arrive.
Amendment 126 #
2011/0154(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The lawyer shall have the right to check theo the extent necessary to ensure a fair trial and prevent torture or inhuman or degrading treatment, the lawyer shall be allowed to examine the specific conditions in which the suspect or accused person is detained and to thisat end shall have access to the place where the person is detained.
Amendment 130 #
2011/0154(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that a person to whom Article 2 refers and who is deprived of his liberty has the right to communicate immediately with at least one person named by him as soon as possible.
Amendment 131 #
2011/0154(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the person is a child or a vulnerable person, Member States shall ensure that the child’s legal representative or another adult, depending on the interest of the child or the vulnerable person, is informed as soon as possible of the deprivation of liberty and the reasons pertaining thereto, unless it would be contrary to the best interests of the child or the vulnerable person, in which case another appropriate adult or legal representative shall be informed.
Amendment 134 #
2011/0154(COD)
Proposal for a directive
Article 6
Article 6
Member States shall ensure that persons to whom Article 2 refers, who are deprived of their liberty and who are non-nationals have the right to have consular or diplomatic authorities of their State of nationality informed of the detention as soon as possiblepromptly upon their arrest or detention of the detention/arrest and to communicate with the consular or diplomatic authorities. Such authorities have the right to visit such persons and to arrange for their legal representation, and to observe court proceedings in relation to the person.
Amendment 141 #
2011/0154(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) shall be justified by compelling reasons in the light of the particular circumstances of the case pertaining to the urgent need to avert serious adverse consequences for the life or physical integrity of a person;
Amendment 150 #
2011/0154(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
The grounds and criteria for derogations listed above must be clearly set out in national law.
Amendment 151 #
2011/0154(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) he has the necessary capacity to understand these consequences and has reached the age of majority
Amendment 160 #
2011/0154(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Access to a lawyer shall be granted in such a time and manner as to allow the suspect or accused person to exercise his rights of defence effectively.
Amendment 167 #
2011/0154(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall not apply less favourable provisions on legal aid than those currently in place in respect ofensure that suspects and accused persons have access to legal aid where necessary, to pay for the access to a lawyer provided pursuant to this Directive.
Amendment 168 #
2011/0154(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall not apply less favourable provisions on legal aid than those currently in place in respect of access to a lawyer provided pursuant to this Directiveensure that suspects and accused persons are granted with effective legal aid according to national legislation.
Amendment 68 #
2011/0137(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen the enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements, such as infringements resulting from parallel trade, as well as other infringements of rights already enforced by customs authorities but not covered by Regulation (EC) No 1383/2003. For the sameis purpose it is appropriate to include in the scope of this Regulation, in addition to the rights already covered by Regulation (EC) No 1383/2003, trade names in so far as they are protected as exclusive property rights under national law, topographies of semiconductor products, utility models and devices to circumvent technological measures, as well as any exclusive intellectual property right established by Union legislation.
Amendment 81 #
2011/0137(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to reduce to the minimum the administrative burden and costs, a specific procedure should be introduced for small consignments of counterfeit and pirated goods, which would allow for goods to be destroyed without the agreement of the right-holder. In order to establish the thresholds under which consignments are to be considered as small consignments, this Regulation should delegate to the Commission the power to adopt non- legislative acts of general application in accordance with Article 290 of the Treaty on the Functioning of the European Union. It is of importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level.
Amendment 90 #
2011/0137(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of the Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned partieshave been received. The period allowing for a right to be heard before an adverse decision is taken should be three working days after receipt, given that the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities, that period should be significantly extended.
Amendment 96 #
2011/0137(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Under the ‘Declaration on the TRIPS Agreement and Public Health’ adopted by the Doha WTO Ministerial Conference on 14 November 2001, the TRIPS Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all. In particular with regard to medicines the passage of which across this territory of the European Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, is only a portion of a complete journey beginning and terminating beyond the territory of the Union, customs authorities should, when assessing a risk of infringement of intellectual property rights, take account of any substantial likelihoodthe risk of diversion of these goods onto the market of the Union.
Amendment 100 #
2011/0137(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In determining the risk of diversion onto the market of the Union of goods in transit, which the rights holder has identified as counterfeit or infringing intellectual property rights, the declarant, holder or owner of the goods should bear the burden of proving the final destination of the goods. The final destination of the goods should be presumed to be the market of the Union in the absence of clear and convincing evidence to the contrary provided by the declarant, holder or owner of the goods.
Amendment 103 #
2011/0137(COD)
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
(17b) Medicines that bear a false trademark or trade description misrepresent their origin and quality level and thus are falsified medicines under Directive 2011/62/EU. Adequate measures should be taken to prevent such products and other health products bearing a false trademark or trade description from reaching patients and consumers in the Union. By ...* the Commission should present a report highlighting the measures it intends to take under Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, as regards the prevention of the entry into the legal supply chain of falsified medicinal products1. ______________ 1 OJ L 174, 1.7.2011, p. 74. *OJ: please insert the date: 24 months after the date of the adoption of this Regulation.
Amendment 105 #
2011/0137(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Given that customs authorities take action upon prior application, it is appropriate to provide that the holder of the decision granting an application for action by the customs authorities should reimburse all the costs incurred by the customs authorities in taking action to enforce his/her intellectual property rights. Nevertheless, this should not preclude the holder of the decision from seeking compensation from the infringer or other persons, including intermediaries such as carriers or freight forwarders, that might be considered liable according to the legislation of the Member State concerned. Costs and damages incurred by persons other than customs administrations as a result of a customs action, where the goods are detained on the basis of a claim of a third party based on intellectual property, should be governed by the specific legislation in each particular case.
Amendment 112 #
2011/0137(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation shall not apply to goods of a non-commercial nature contained in travellers' personal luggage unless there are material indications to suggest that the goods are part of commercial traffic.
Amendment 121 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point k
Article 2 – point 1 – point k
(k) a utility model as provided forinsofar as it is protected as an exclusive intellectual property right by the legislation of a Member State;,
Amendment 123 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point m
Article 2 – point 1 – point m
Amendment 127 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 5 – point a
Article 2 – point 5 – point a
(a) goods which arhave been the subject of an action infringing a trade mark trade mark infringement in the Member State where the goods are found and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark;
Amendment 135 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 5 – point b
Article 2 – point 5 – point b
(b) goods which arhave been the subject of an action infringing a geographical indication infringement in the Member State where the goods are found and bear or are described by a name or term protected in respect of that geographical indication;
Amendment 137 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
6. ‘pirated goods’ means goods which arhave been the subject of an action infringing aement of copyright or related right or a design in the Member State where the goods are found and which are or contain copies made without the consent of the holder of a copyright or related right or a design, regardless of whether it is registered, or of a person authorised by that holder in the country of production;.
Amendment 139 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 7 – introductory part
Article 2 – point 7 – introductory part
(7) ‘goods suspected of infringing an intellectual property right’ means goods with regard to which there is adequate evidencereasonable grounds to satisfy customs authorities that, in the Member State where these goods are found, are prima facie:
Amendment 143 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 7 – point a
Article 2 – point 7 – point a
(a) goods which are subject of an action infringing an intellectual property right under the law of the Union or of that Member Statein the Member State where the goods are found;
Amendment 147 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 7 – point c
Article 2 – point 7 – point c
(c) any mould or matrix which is specifically designed or adapted for the manufacture of goods infringing an intellectual property right, if such moulds or matrices infringe the right-holder's rights under Union law or the law of that Member Statein the Member State where the goods are found;
Amendment 153 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 17 a (new)
Article 2 – point 17 a (new)
(17a) 'perishable good' means a good that is liable to significantly reduce in value over time or, because of its nature, is in danger of being destroyed.
Amendment 161 #
2011/0137(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Medicinal products, medical devices and other health products There will be an assumption that medicinal products, medical devices and other health products whose destination is not declared, or whose supply chain is otherwise unclear, are intended to enter the territory of the Union.
Amendment 187 #
2011/0137(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Before adopting a decision to suspend the release of the goods or to detain them, the customs authorities shall communicate their intention to the declarant or, in cases where goods are to be detained, to the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within three working days of dispatchreceipt of that communication.
Amendment 197 #
2011/0137(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Before adopting a decision to suspend the release of the goods or to detain them, the customs authorities shall communicate their intention to the declarant or, in cases where goods are to be detained, to the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within three working days of dispatchreceipt of that communication.
Amendment 206 #
2011/0137(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The customs authorities shall, upon request and if known, provide the holder of the decision granting the application with the names and addresses of the consignee, the consignor, the declarant or the holder of the goods, the customs procedure and the origin, provenance and destination of goods suspected of infringing an intellectual property right. For goods in transit that are suspected of infringing an intellectual property right in the country of destination, the customs authorities may communicate this information to the customs authorities in the destination country using inter alia the World Customs Organisation SAFE Framework.
Amendment 211 #
2011/0137(COD)
Proposal for a regulation
Article 19 – point b a (new)
Article 19 – point b a (new)
(ba) to use the information for or in connection with a criminal investigation or criminal proceeding, including those related to an intellectual property right.
Amendment 212 #
2011/0137(COD)
Proposal for a regulation
Article 19 – point b b (new)
Article 19 – point b b (new)
(bb) to use the information in settlement negotiations out of court.
Amendment 214 #
2011/0137(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where goods other than those covered by Articles 23 and 24 are suspected of infringing an intellectual property right, the holder of the decision granting the application shall initiate proceedings to determine whether an intellectual property right has been infringed within 10 working days of dispatchreceipt of the decision to suspend the release of the goods or to detain them.
Amendment 217 #
2011/0137(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
In the case of perishable goods suspected of infringing an intellectual property right, the period for initiating the proceedings referred to in the first subparagraph shall be three working days of dispatchreceipt of the decision to suspend the release of the goods or to detain them.
Amendment 224 #
2011/0137(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) the holder of the decision granting the application has informed the customs authorities in writing of his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatchreceipt of the decision to suspend the release of the goods or to detain them;.
Amendment 226 #
2011/0137(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the declarant or holder of the goods has confirmed in writing to the customs authorities his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatchreceipt of the decision to suspend the release of the goods or to detain them.
Amendment 230 #
2011/0137(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
Where there is no agreement to destruction, the holder of the decision granting the application shall initiate proceedings to determine whether an intellectual property right has been infringed within 10 working days, or three working days in the case of perishable goods, of dispatchreceipt of the decision to suspend the release of the goods or to detain them.
Amendment 232 #
2011/0137(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) goods suspected of beingthat are obviously counterfeit or pirated goods;.
Amendment 236 #
2011/0137(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The declarant or holder of the goods shall be given the opportunity to express his/her point of view within 20 working days of dispatchreceipt of the decision to suspend the release of the goods or to detain them.
Amendment 238 #
2011/0137(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The goods concerned may be destroyed where, within 20 working days of dispatchreceipt of the decision to suspend the release of the goods or to detain them, the declarant or holder of the goods has confirmed to the customs authorities his/her agreement to the destruction of the goods.
Amendment 241 #
2011/0137(COD)
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
8. Where the declarant or holder of the goods objects to the destruction of the goods, the customs authorities shall inform the holder of the decision granting the application of such objection and of the number of items and their nature, including images of those items or samples where appropriate.
Amendment 244 #
2011/0137(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Where requested by the customs authorities, the holder of the decision granting the application shall reimburse all costs incurred by the customs administration in keeping goods under customs supervision in accordance with Articles 16 and 17 and in destroying goods in accordance with Articles 20 and 23. The holder of a decision shall, upon request, be given information by the customs authorities on where and how the detained goods are being stored and on the costs associated with this storage, and shall be given the opportunity to comment on this storage.
Amendment 246 #
2011/0137(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. This Article shall be without prejudice to the right of the holder of the decision granting the application to seek compensation from the infringer or other persons, including intermediaries such as carriers or freight forwarders, in accordance with the legislation of the Member State where the goods were found.
Amendment 127 #
2011/0129(COD)
Proposal for a directive
Recital 9
Recital 9
(9) A person should be considered a victim regardless of whether a perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim. Family members of victims are also harmed as a result of the crime, in particular the family of a deceased victim, who have a legitimate interest in criminal proceedings. Children who are witnessing domestic violence may also exhibit similar psychological reactions to children who have been subject to actual abuse. Such indirect victims should therefore also benefit from protection, support and the right to compensation under this Directive. Victims need appropriate support and assistance even before reporting a crime. Such support can be crucial both for the recovery of the victim and in any decision to ultimately report the crime.
Amendment 348 #
2011/0129(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Right to safeguards in the context of mediation and otheraccess safe, competent restorative justice services
Amendment 351 #
2011/0129(COD)
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall establish standards to safeguard the victim from intimidation or further victimisation, to be applied when providing mediation or other restorative justice services. Such standards shouldtake measures to ensure that a victim who chooses to participate in the restorative justice process has access to safe, competent restorative justice services that safeguard the victim from intimidation or further victimisation. Such measures shall as a minimum include the following:
Amendment 355 #
2011/0129(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) mediation or restorative justice services are used only if they areavailable to all victims of crime who choose to access them in their own interest of the victim, subject to any safety considerations, and based on the victims' free and informed consent; this consent may be withdrawn at any time;
Amendment 367 #
2011/0129(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall facilitate the referral of caspromote and facilitate victims' access to mediation or other restorative justice services, including through the establishment of protocolguidelines on the conditions for referral.
Amendment 92 #
2011/0023(COD)
Proposal for a directive
Recital 7
Recital 7
(7) PNR data enable law enforcement authorities to identify persons who were previously ‘"unknown’", i.e. persons previously unsuspected of involvement in sterious crimerorism and tserrorismious crime, but whom an analysis of the data suggests may be involved in such crime and who should therefore be subject to further examination by the competent authorities. By using PNR data law enforcement authorities can address the threat of terrorism and serious crime and terrorism from a different perspective than through the processing of other categories of personal data. However, in order to ensure that the processing of data of innocent and unsuspected persons remains as limited as possible, the aspects of the use of PNR data relating to the creation and application of assessment criteria should be further limited to serious crimes that are also transnational in nature, i.e. are intrinsically linked to travelling and hence the type of the data being processthe terrorist and serious crimes concerned.
Amendment 111 #
2011/0023(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The purpose of this Directive is to ensure security and protect the life and safety of the public, in full respect of its fundamental freedoms, and to create a legal framework for the protection and exchange of PNR data between Member States and law enforcement authorities in charge of prevention and suppression of terrorism and serious crimes.
Amendment 114 #
2011/0023(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Air carriers already collect and process PNR data from their passengers for their own commercial purposes. This Directive should not impose any obligation on air carriers to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers. For charter, private and freighted flights, PNR data should also be collected and transferred to the Passenger Information Unit of the relevant Member State.
Amendment 122 #
2011/0023(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The definition of terrorist offences should be taken from Articles 1 to 4 of Council Framework Decision 2002/475/JHA on combating terrorism37. The definition of serous crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 onthe offences defined under national law and should include the travelling for the Epuropean Arrest Warrant and the surrender procedure between Member States38. However, Member States may exclude those minor offences for which, taking into account their respective criminal justice system, the processing of PNR data pursuant to this directive would not be in line with the principle of proportionality. The definition of serious transnational crime should be taken from Article 2 of Council Framework Decision 2002/584/JHA and the United Nations Convention on Transnational Organised Crimepose of perpetrating, planning, preparing, providing or receiving training for terrorism, in accordance with United Nations Security Council resolution 2178 and Additional Protocol on the Council of Europe Convention on the Prevention of Terrorism. The definition of serious crime applied in this Directive should be taken from Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States. __________________ 38 OJ L 190, 18.7.2002, p. 1.
Amendment 126 #
2011/0023(COD)
Proposal for a directive
Recital 13
Recital 13
(13) PNR data should be transferred to a single designated unit (Passenger Information Unit) in the relevant Member State, so as to ensure clarity and reduce costs to air carriers and other commercial operators or non-commercial flight operators.
Amendment 141 #
2011/0023(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The Commission supports the International Civil Aviation Organisation (ICAO) guidelines on PNR. These guidelines should thus be the basis for adopting the supported data formats for transfers of PNR data by air carriers and other commercial operators or non- commercial flight operators to Member States. This justifies that such supported data formats, as well as the relevant protocols applicable to the transfer of data from air carriers and other commercial operators or non-commercial flight operators should be adopted in accordance with the advisory procedure foreseen in Regulation (EU) No….. of the European Parliament and the Council [……………..]
Amendment 144 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States should take all necessary measures to enable air carriers and other commercial operators or non- commercial flight operators to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers and other commercial operators or non-commercial flight operators failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence. .
Amendment 153 #
2011/0023(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Taking fully into consideration the right to the protection of personal data and the right to non-discriminat, the right to respect for private life and the right to non-discrimination in accordance with Articles 8, 7 and 21 of the Charter of Fundamental Rights of the European Union, no decision that produces an adverse legal effect on a person or seriously affects him/her should be taken only by reason of the automated processing of PNR data. Moreover, no such decision should be taken by reasonon grounds of a person’'s race or ethnic originethnic or social origin, colour, genetic features, language, religious or philosophical belief, political opinion, trade union membership, membership of a national minority, property, birth, disability, health or sexual lifeorientation.
Amendment 199 #
2011/0023(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 209 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
(29) As a result of the legal and technical differences between national provisions concerning the processing of personal data, including PNR, air carriers and other commercial operators or non-commercial flight operators are and will be faced with different requirements regarding the types of information to be transmitted, as well as the conditions under which this information needs to be provided to competent national authorities. These differences may be prejudicial to effective cooperation between the competent national authorities for the purposes of preventing, detecting, investigating and prosecuting terrorist offences or serious crime.
Amendment 237 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) Thepurpose of prevention, detection, investigation and prosecution of terrorist offences and serious crime according to Article 4(2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crime according to Article 4(2)(a) and (d). (2). deleted deleted
Amendment 249 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) 'other commercial operator' means an undertaking, company or tour operator that may operate charter flights or book a number of seats on an airplane;
Amendment 250 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) 'other non-commercial flight operator' means a private undertaking that may operate private planes or privately freighted flights;
Amendment 251 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ’'international flight’' means any scheduled or non-scheduled flight by an air carrier or other commercial operator or a non-commercial flight operator planned to land on the territory of a Member State originating in a third country or to depart from the territory of a Member State with a final destination in a third country, including in both cases any transfer orchartered flights, private planes, privately freighted flights, as well as transit flights;
Amendment 258 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers and other commercial operators or non-commercial flight operators for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities;
Amendment 280 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 309 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Passenger Information Unit is responsible for the exchange of PNR data or the results of the processing of such data with the Passenger Information Units of other Member States in accordance with Article 7, as well as inserting the alerts to the Schengen Information System in accordance with Article 7(1).
Amendment 315 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. All members of the Passenger Information Unit who have access to PNR data shall have had received specifically tailored training on processing of PNR data in full compliance with data protection principles and fundamental rights.
Amendment 317 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. The activities specified for in Article 9a(new)(4) shall only be carried out by specifically designated personnel of the Passenger Information Unit.
Amendment 334 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The PNR data transferred by the air carriers and other non-commercial flight operators, pursuant to Article 6, in relation to international flights which land on or depart from the territory of each Member State shall be collected by the Passenger Information Unit of the relevant Member State. Should the PNR data transferred by air carriers and other commercial operators or non-commercial flight operators include data beyond those listed in the Annex, the Passenger Information Unit shall delete such data immediately upon receipt.
Amendment 346 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria, in accordance with this Directive, and may compare PNR data against relevant databases, international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, including against data stored by Europol, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 351 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre- determined criteria. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 376 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
(d) analysing PNR data for the purpose of updating or creating new criteria for carrying out assessments in order to identify any persons who may be involved in a terrorist offence or serious transnational crime pursuant to point (a).
Amendment 439 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The competent authorities shall not take any decision that produces an adverse legal effect on a person or significantly affects a person only by reason of the automated processing of PNR data. Such decisions shall not be taken on the basis of a person’'s race or ethnic originethnic or social origin, colour, genetic features, language, religiousn or philosophical belief, political opinion, trade ur any other opinion, membership, health or sexual life of a national minority, property, birth, disability, or sexual orientation.
Amendment 443 #
2011/0023(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Obligations on air carriers and other commercial operators and non- commercial flight operators
Amendment 449 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall adopt the necessary measures to ensure that air carriers and other non-commercial flight operators transfer ('push') the PNR data as defined in Article 2(c) and specified in the Annex, to the extent that such data are already collected by them, to the database of the national Passenger Information Unit of the Member State on the territory of which the international flight will land or from the territory of which the flight will depart. Where the flight is code-shared between one or more air carriers, the obligation to transfer the PNR data of all passengers on the flight shall be on the air carrier that operates the flight. Where the flight has one or more stop-overs at the airports of the Member States, air carriers shall transfer the PNR data to the Passenger Information Units of all the Member States concerned.
Amendment 455 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 456 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. In the cases of private planes or privately freighted flights, Member States should adopt the necessary measures to ensure that non-commercial flight operators provide PNR data for all passengers
Amendment 471 #
2011/0023(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may permit air carriers and other non-commercial flight operators to limit the transfer referred to in point (b) of paragraph 2 to updates of the transfer referred to in point (a) of paragraph 2.
Amendment 532 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Exchange of information under this Article may take place using any existing channels for international law enforcement cooperation, including the secure channels provided for by Europol. The language used for the request and the exchange of information shall be the one applicable to the channel used. Member States shall, when making their notifications in accordance with Article 3(3), also inform the Commission with details of the contacts to which requests may be sent in cases of urgency. The Commission shall communicate to the Member States the notifications received.
Amendment 547 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
A Member State may transfer PNR data and the results of the processing of PNR data to a third country, only on a case-by- case basis, only on the basis of an international agreement between the Union and that third country and if:
Amendment 552 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
Amendment 553 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the conditions laid down in Article 13 of Council Framework Decision 2008/977/JHA are fulfilled,transfer is necessary for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
Amendment 557 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(aa) the receiving authority in the third country or receiving international body is responsible for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
Amendment 561 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a b (new)
Article 8 – paragraph 1 – point a b (new)
(ab) the Member State from which the data were obtained has given its consent to transfer in compliance with its national law;
Amendment 564 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a c (new)
Article 8 – paragraph 1 – point a c (new)
(ac) the third country or international body concerned ensures an adequate level of protection for the intended data processing; and
Amendment 569 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the transfer is strictly necessary for the purposes of this Directive specified in Article 1(2), and.
Amendment 582 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the third country receiving the data agrees to transfer the data to another third country only where it is necessary for the purposes of this Directive specified in Article 1(2) and only with the express authorisation of the Member State.
Amendment 594 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States shall transfer PNR to competent government authorities of third countries only under terms consistent with this Directive and only upon ascertaining that the use that the recipient intends to make of the PNR is consistent with those terms.
Amendment 599 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
Any such transfer of data from one third country to another shall take place pursuant to an express understanding incorporating data privacy protections comparable to those applied to PNR by Member States as provided for in this Directive.
Amendment 601 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
Where a Member State is aware that PNR data relating to a citizen or a resident of a Member State are being transferred to a third country, the competent authorities of the Member State concerned shall be informed of the matter at the earliest appropriate opportunity.
Amendment 603 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 d (new)
Article 8 – paragraph 1 d (new)
When PNR data is being transferred to a third country pursuant to this Directive, the safeguards set out in paragraphs 1 to 1c shall be complied with.
Amendment 604 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 e (new)
Article 8 – paragraph 1 e (new)
Transfer of PNR data to the country of origin of persons who have requested or who were found to be in need of international protection shall be prohibited.
Amendment 669 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The result of the processing referred to in Article 4(2)(a) shall be kept by the Passenger Information Unit only as long as necessary to inform the competent authorities of a positive match. Where the result of an automated processing has, further to individual review by non- automated means as referred to in Article 4(2)(a) last subparagraph, proven to be negative, it may, however, be stored so as to avoid future 'false' positive matches for as long as the underlying data have not yet been deleted in accordance with paragraph 1.
Amendment 676 #
2011/0023(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Penalties against air carriers and non- commercial flight operators
Amendment 681 #
2011/0023(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure, in conformity with their national law, that dissuasive, effective and proportionate penalties, including financial penalties, are provided for against air carriers and other non- commercial flight operators which, do not transmit the data required under this Directive, to the extent that they are already collected by the them, or do not do so in the required format or otherwise infringe the national provisions adopted pursuant to this Directive.
Amendment 697 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Any processing of PNR data revealing a person’'s race or ethnic originethnic or social origin, colour, genetic features, language, religiousn or philosophical belief, political opinion, trade ur any other opinion, membership, health or sexual life of a national minority, property, birth, disability, or sexual orientation shall be prohibited. In the event that PNR data revealing such information are received by the Passenger Information Unit they shall be deleted immediately.
Amendment 715 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Without prejudice to Article 10, Member States shall adopt suitable measures to ensure the full implementation of the provisions of this Directive and shall in particular lay down effective, proportionate and dissuasive penalties to be imposed in case of infringements of the provisions adopted pursuant to this Directive, whether these infringements were voluntary or the result of negligent or reckless acts.
Amendment 716 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. PNR data must be monitored, sampled and audited in line with a single European statutory code of practice applicable in all Member States, which must be developed jointly by the Member States' supervisory authorities, ensuring tight controls of the work of operators and the practical implementation of this Directive, and will form part of each Member State's review process.
Amendment 728 #
2011/0023(COD)
Proposal for a directive
Article 11 f (new)
Article 11 f (new)
Amendment 729 #
2011/0023(COD)
Proposal for a directive
Article 11 g (new)
Article 11 g (new)
Article 11g Keeping of records 1. Member States shall ensure that records are kept of at least the following processing operations: collection, alteration, consultation, disclosure, combination or erasure. The records of consultation and disclosure shall show in particular the purpose, date and time of such operations and as far as possible the identification of the person who consulted or disclosed PNR data, and the identity of the recipients of such data. 2. The records shall be used solely for the purposes of verification of the lawfulness of the data processing, self-monitoring and for ensuring data integrity and data security, or for purposes of auditing, either by the Data Protection Officer or by the supervisory authority. 3. The Member State shall ensure that the Passenger Information Unit shall make the records available, on request, to the supervisory authority.
Amendment 730 #
2011/0023(COD)
Proposal for a directive
Article 11 h (new)
Article 11 h (new)
Amendment 731 #
2011/0023(COD)
Proposal for a directive
Article 11 i (new)
Article 11 i (new)
Article 11i Right to judicial remedy 1. Without prejudice to any available administrative remedy, including the right to lodge a complaint with a supervisory authority, Member States shall provide for the right of every natural person to a judicial remedy if they consider that that their rights laid down in provisions adopted pursuant to this Directive have been infringed as a result of the processing of their personal data in non- compliance with these provisions. 2. Member States shall ensure that final decisions by the court referred to in this Article will be enforced.
Amendment 748 #
2011/0023(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Duties of the national supervisory authority 1. Member States shall provide that the supervisory authority: (a) monitors and ensures the application of the provisions adopted pursuant to this Directive and its implementing measures; (b) hears complaints lodged by any data subject, investigates, to the extent appropriate, the matter and informs the data subject of the progress and the outcome of the complaint within a reasonable period, in particular where further investigation or coordination with another supervisory authority is necessary; (c) checks the lawfulness of the data processing; (d) conducts investigations, inspections and audits, either on its own initiative or on the basis of a complaint, and informs the data subject concerned, if the data subject has addressed a complaint, of the outcome of the investigations within a reasonable period; (e) monitors relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies; 2. The supervisory authority shall, upon request, advise any data subject in exercising the rights laid down in provisions adopted pursuant to this Directive, and, if appropriate, co-operate with supervisory authorities in other Member States to this end. 3. For complaints referred to in point (b) of paragraph 1, the supervisory authority shall provide a complaint submission form, which can be completed electronically, without excluding other means of communication. 4. Member States shall provide that the performance of the duties of the supervisory authority shall be free of charge for the data subject. 5. Where requests are manifestly excessive, in particular due to their repetitive character, the supervisory authority may charge a reasonable fee. Such a fee shall not exceed the costs of taking the action requested. The supervisory authority shall bear the burden of proving the manifestly excessive character of the request.
Amendment 11 #
2010/2311(INI)
Motion for a resolution
Recital A
Recital A
A. whereas after the atrocious attacks of 11 September 2001 the first decade of the 21st century has been marked by the ‘War on Terrorism’, especially with regard to the US approach; whereas although the attacks did not take place on European soil, all Europeans felt them to be an attack on their values and their way of life,
Amendment 30 #
2010/2311(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas although the experiences of terrorism as well as threat levels are varying across the EU Member States, a common EU-approach is needed since terrorist operations often are pan- European and terrorists make use of European diversity in laws, anti-terrorism capabilities and the abolition of border controls when committing their acts,
Amendment 34 #
2010/2311(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the aim of counter-terrorism policies should be to undermine the objectives of terrorism, which are to destroy the fabric of oura free, open and democratic society; whereas the aims of counter-terrorism must be to protect and strengthen that fabric of democratic society and to prevent and combat terrorism through inclusion policies, cross border judicial and police cooperation and an effective and coordinated strategy at EU level and the effectiveness of counter- terrorism policies must be measured against thisese aims; whereas in this logic, strengthening civil liberties and democratic scrutiny is not an obstacle to such policies, but their prime objective,
Amendment 87 #
2010/2311(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Believes that the Charter of Fundamental Rights should always be the compass for EU policies in this field and for Member States in the implementation thereof as well as in cooperation with third parties and third countries;
Amendment 92 #
2010/2311(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that counter-terrorism policies should meet the standards set with regard to necessity, effectiveness, proportionality, civil liberties, the rule of law and democratic scrutiny and accountability, and that assessing whether these standards are met must be an integral part of an evaluation;
Amendment 99 #
2010/2311(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that prevention, tracking and prosecution of terrorist activities are critical policies at EU level and have to be part of a systematic approach, based not on emergency norms but on a coherent, necessity founded strategy, purpose and cost effective and avoiding duplication of measures and function creep of competent institutions, agencies and bodies;
Amendment 100 #
2010/2311(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Believes that prevention, investigation and prosecution of terrorist activities should be based on the reinforcement of judicial and police cooperation at EU level, coupled with full parliamentary scrutiny and full and timely completion of the roadmap for a high level set of uniform procedural guarantees;
Amendment 101 #
2010/2311(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
Amendment 102 #
2010/2311(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Invites the Commission to define a uniform set of standards for the protection of and the specific support to victims of terrorism, including in the framework of criminal proceeding, foreseeing also measures to ensure the protection of witnesses;
Amendment 103 #
2010/2311(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Reiterates that the forthcoming revision of EU data protection legislation should extend to judicial and police cooperation the high level standards now ensured by Directive 95/46/EC, doing away with the current lack of sufficient guarantees; this process should also lead to define a data protection framework for data protection applicable to CFSP in accordance with Article 16 TFEU and Article 39 TEU;
Amendment 104 #
2010/2311(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Reaffirms that restrictive measures, particularly the freezing of assets, can be useful as a counter-terrorism tool but they will have to be based on the new Article 75 TFEU and fully compliant with the Charter of Fundamental Rights;
Amendment 114 #
2010/2311(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a proper evaluation of ten years of counter-terrorism policies must provide the basis for ashould focus on examining whether the measures taken to prevent and combat terrorism in the EU have been evidence-based, needs- driven, coherent and comprehensive EU counter-terrorism strategy by means ofand should be carried out by an in-depth and complete appraisal to be carried out by a panel of independent experts;
Amendment 122 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 – point a
Paragraph 5 – point a
a. provide a clear input and output analysis of counter-terrorism policies in Europe in the past decade and set out clearly the results of the policies in terms of effectiveness, prevention, prosecution and increased security in Europe;
Amendment 124 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b. set out the facts and figures relating to terrorist activity (successful, failed, prevented attacks) and counter-terrorism activity (arrests and convictions)nd counter-terrorism activity in as great detail as possible;
Amendment 134 #
2010/2311(INI)
Motion for a resolution
Paragraph 5 – point c
Paragraph 5 – point c
c. include a full overview of the accumulated impact of counter-terrorism measures on civil libertiefundamental rights, including Member State policies and measures by third countries with a direct impact in the EU;
Amendment 153 #
2010/2311(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to draw up a complete and detailed ‘map’ of all counter- terrorism policies in Europe, with a special focus on EU legislation and how it has been transposed and implemented at national level; calls at the same time on Member States to carry out a comprehensive evaluation of their counter- terrorism policies, with a particular focus on interaction with EU policies, overlap and gaps, to cooperate better in the evaluation of EU policies, - including to provide correlation tables which identifies which provisions of Member State laws and regulations transpose the different provisions of EU acts and to provide their input within the given deadlines, as in the case of the Data Retention Directive8 ;
Amendment 53 #
2010/2154(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that refusal to undergo a body scan should not constitute ipso facto any suspicion of the person concerned and that, in the procedure before being submitted to a body scan or related to the refusal of a body scan, any form of profiling based on, for example, sex, race, colour, ethnicity, genetic features, language, religion or belief is unacceptable; insists on sound legislative guarantees ensuring that passengers who opt out from the scanning process will not suffer additional burdens including exhaustive searches or delays;
Amendment 66 #
2010/2154(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for people who are willing to be submitted to a body scan to be properly and comprehensibly informed about the body scanner, including their right to refuse to be submitted to a body scan and their right to complain and seek an effective legal redress in case of perceived irregularities related to the body scan or their refusal to be submitted to it and the subsequent standard security check;
Amendment 72 #
2010/2154(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that any proposal to allow the deployment and use of body scanners as a permissible screening method should be extensively justified in a proportionality test and an impact assessment covering inter alia the fundamental rights aspect of body scanners and the possible health risks of passengers and staff submitted to frequent checks in the course of their work, taking into account the opinions of the European Union, international and national human rights and data protection authorities, such as the EDPS, the FRA and the UN Special Rapporteur on the Protection of Human Rights while Countering Terrorism;
Amendment 86 #
2010/2154(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Asks the Commission to explore alternatives to the use of body scanners, taking into account other measures already in use for detecting aviation security threats, demonstrating the need to replace current airport security monitoring measures by these scanners;
Amendment 27 #
2010/2109(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges the Commission and Member States to encourage retail employers and workers representatives to enter in dialogue in order to provide with sector level solutions that favour competition not at the expense of working conditions; stresses that collective bargaining is recognised as a driver for growth and job creation and plays a key role in reaching the goals of the EU 2020 strategy, and should be supported as a means to adapt the needs of employers and workers in the context of the present economic environment; stresses that, in the absence of social partners or when social dialogue does not function, it is the role of public authorities to protect workers against abuse;
Amendment 82 #
2010/2109(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Believes that fair competition is also guaranteed by a stable working environment as part of the European acquis; requests the Commission to investigate the impact of disproportioned utilisation of fragmented working hours on the economic environment, on work- life balance and on employment conditions, and to initiate relevant actions in cooperation with social partners;
Amendment 63 #
2010/0817(COD)
Draft directive
Recital 12 a (new)
Recital 12 a (new)
(12a) It should be possible to refuse an EIO where its recognition or execution in the executing State would involve breaching an immunity or privilege in that State. There is no common definition of what constitutes an immunity or privilege in the European Union and the precise definition of these terms is therefore left to national law, which may include protections which apply to medical and legal professions, but should not be interpreted in a way which would run counter to the obligation to abolish certain grounds for refusal in Article 7 of the 2001 Protocol to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union. This may include as well, even though they are not necessarily considered as privilege or immunity, rules relating to freedom of the press and freedom of expression in other media.
Amendment 66 #
2010/0817(COD)
Draft directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The legal remedies available against an EIO should at least be the same as those available in domestic cases against the investigative measure in question. In accordance with their national law, Member States should ensure that these legal remedies can be used and should in due time inform interested parties about the possibilities and methods of legal remedy. In cases where objections against an EIO are made by an interested party in the executing State with regard to more substantive reasons for the issue of an EIO, it is advisable that such information is transmitted to the issuing authority and that the interested party is duly informed. There is a need to ensure the right to information and access to the courts for those affected by an EIO. The right of defence forms part of the right to a fair trial (Articles 47 and 48 of the Charter) during all stages of the proceedings.
Amendment 80 #
2010/0817(COD)
Draft directive
Article 2 – paragraph 1 – point a – point ii
Article 2 – paragraph 1 – point a – point ii
(ii) any other judicialcompetent authority as defined by the issuing State and, in the specific case, acting in its capacity as an investigating authority in criminal proceedings with competence to order the gathering of evidence in accordance with national law,
Amendment 130 #
2010/0817(COD)
Draft directive
Article 13
Article 13
Amendment 123 #
2010/0074(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
b. examine the citizens' initiative and, within 4 months, set out in a communication its conclusions on the initiative, the action it intends to take, if any, and its reasons for doing so. If the Commission decides not to submit a proposal for an initiative, the organiser shall be able to appeal against that decision before the Court of Justice of the European Union.
Amendment 57 #
2010/0065(COD)
Proposal for a directive
Recital 3
Recital 3
(3) This Directive adopts an integrated and holistic humanitarian approach to the fight against trafficking in human beings and should be implemented in the light of Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities1 and Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals2. More rigorous prevention, prosecution and protection of victims' rights, are major objectives of this Directive. Children are more vulnerable and therefore at greater risk of falling victim to trafficking in human beings. In the application of the provisions of this Directive the child's best interests must be a primary consideration, in accordance with the Charter of Fundamental Rights of the European Union and United Nations Convention on the Rights of the Child. In implementing this Directive due attention should be paid to consistency with Directive 2010/.../EU of the European Parliament and of the Council of... [on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA]. _________ 1 OJ L 261, 6.8.2004, p. 19. 2 OJ L 168, 30.6.2009, p. 24.
Amendment 67 #
2010/0065(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Family members or relatives of children begging may be involved in the trafficking process that results in a child begging in exploitative situations. In order to respond appropriately, there should be an individual case assessment for each child, taking into account the child’s views and the child’s family situation, including the role of the family members in the trafficking process. A decision should be made in the best interest of the child, recognizing that there may be circumstances where social assistance to the child and family members is a more appropriate response to the situation, whereas in other situations, criminal prosecution of parents or relatives may be appropriate if they have been involved in the trafficking process.
Amendment 82 #
2010/0065(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member states shall ensure that victims of trafficking can be granted and maintain the same level of protection while moving inside the European Union, through appropriate and effective measures of judicial cooperation. Victims of trafficking shall be informed accordingly of the protection measures available at EU level.
Amendment 91 #
2010/0065(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) To avoid victims needing to start multiple proceedings, Member States should ensure that victims have the right to extend in a simple and efficient way the level of protection granted them in one Member State so that this is maintained when they move around the European Union. Victims of trafficking in human beings shall therefore be informed that EU judicial cooperation procedures exist for this purpose.
Amendment 94 #
2010/0065(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Member States should establish and/or strengthen policies to prevent trafficking in human beings including measures to discourage the demand that fosters all forms of exploitation, and measures to reduce the risk of people falling victims to trafficking in human beings, by means of research, informacluding research into new forms of trafficking in human beings, information, training, harmonised data collection, awareness raising, and education. In such initiatives Member States should adopt a gender perspective and a child rights approach. Any officials likely to come into contact with victims or potential victims of trafficking in human beings should be adequately trained to identify and deal with such victims. This training obligation would in particular cover police officers, border guards, labour inspectors, health care personnel and consular staff, but could depending on local circumstances also involve other groups of public officials and social private that are likely to encounter trafficking victims in their work.
Amendment 101 #
2010/0065(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should establish better systems for monitoring the activities of private employment agencies, including agencies recruiting seasonal workers, based on standards laid down in the ILO Private Employment Agency Convention N. 181.
Amendment 124 #
2010/0065(COD)
Proposal for a directive
Article 2 – paragraph 6 a (new)
Article 2 – paragraph 6 a (new)
6a. For the purpose of this Directive “guardian” shall mean a person appointed by the competent authorities to assist and represent an unaccompanied child with a view to ensuring the child's best interests, and a “legal representative” shall mean a person appointed by the competent authorities to exercise legal capacity for the child where necessary.
Amendment 138 #
2010/0065(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States adopt the necessary measures in order to guarantee the victim's right to an effective compensation of the harm, also if the penal responsible does not have assets amenable to execution.
Amendment 157 #
2010/0065(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall take the necessary measures to establish appropriate mechanisms aimed at early identification, assistance and support for victims, in cooperation with relevant support organisations, including recognized and active non-governmental organizations in this field. Such measures shall include the support to the development of general EU protocols for the identification of victims of trafficking, through the exchange of best practices between all the relevant actors, particularly public and private social services.
Amendment 175 #
2010/0065(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that victims of trafficking in human beings receive appropriate protection on the basis of an individual risk assessment, inter alia by having access to witness protection programmes or other similar measures, if appropriate and in accordance with the grounds defined by national legislation or procedures. Member States shall also ensure protection from retaliations, threats, and intimidations to non- governmental organizations committed in the reception and support of victims of trafficking, in accordance with the grounds defined by national legislation or procedures.
Amendment 182 #
2010/0065(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that the specific actions to protect, assist and support child victims of trafficking in human beings, in the short and long term, in their physical and psycho-social recovery, are undertaken following an individual assessment of the special circumstances of each particular child victim, taking due account of the child’s views, needs and concerns. Members States shall appoint a guardian and a legal representative for the child victim of trafficking in human beings from the moment he/she is identified by the authorities where, by national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.
Amendment 186 #
2010/0065(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. In the case of an unaccompanied and separated child, measures will be taken with a view to finding a durable solution for the child taking the best interests of the child as a primary consideration and incorporating all necessary procedural safeguards. Durable solutions may include integration in the host society, joining his/her family in another Member State or in a third country, return and reintegration with the child's family in the country of origin. Integration in the host society may include a referral to the competent national asylum authorities for child victims of trafficking in human beings who are in need of international protection.
Amendment 209 #
2010/0065(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall consider takingtake measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2 with the knowledge that the person is a victim of an offence referred to in Article 2.
Amendment 214 #
2010/0065(COD)
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. When the use of the service was determined by a concrete risk for the life of the users, or the service was used to aid the victim for humanitarian reasons or a person was strongly coerced into using the services, a case by case evaluation will be needed to establish the applicability of sanctions.
Amendment 219 #
2010/0065(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall take the necessary measures to establish independent National Rapporteurs or equivalent mechanisms. The tasks of such mechanisms shall include the gathering of comparable statistics, the carrying out of assessments on trafficking in human beings trends and of protection and assistance mechanisms, in close cooperation with involved social actors and recognized and active non-governmental organizations in this field, the measuring of results of anti- trafficking actions and reporting at least once a year to the relevant national authorities and to the EU Anti-Trafficking Coordinator.
Amendment 224 #
2010/0065(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Information gathered shall be forwarded to the EU Anti-trafficking Coordinator, Eurojust, Europol and Frontex. On that basis and using any other available information the EU Anti- trafficking Coordinator shall in cooperation with Eurojust, Europol, Frontex and the relevant social actors and the recognized and active non- governmental organizations draft an annual report on the state of play of trafficking in human beings. The report shall be presented to the European Parliament, the national parliaments, the European Commission and the Council.
Amendment 49 #
2010/0064(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Member States are encouraged to create mechanisms for data collection or focal points, at the national or local levels and in collaboration with civil society, for the purpose of observing and evaluating the phenomenon of sexual exploitation and sexual abuse of children, with due respect for the requirements of personal data protection in line with the Council of Europe Convention CETS No. 201 on the Protection of Children against Sexual Exploitation and Sexual Abuse. In order to be able to properly evaluate the results of actions to combat sexual abuse, sexual exploitation and child pornography, the Union should continue to develop its work on methodologies and data collection methods to produce comparable statistics.
Amendment 56 #
2010/0064(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) When combating sexual abuse, sexual exploitation of children and child pornography full use should be made of existing instruments on seizure and confiscation of the proceeds of crime, such as the UN Convention against Transnational Organized Crime and its Protocols, the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime1 and Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property2. The use of seized and confiscated instrumentalities and proceeds from the offences referred to in this Directive to support victims' assistance and protection, including compensation of victims, should be encouraged. 1 OJ L 182, 5.7.2001, p. 1. 2 OJ L 68, 15.3.2005, p. 49.
Amendment 69 #
2010/0064(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To prevent and minimise recidivism, offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children, and should have access to effective intervention programmes or measures on a voluntary basis. In order to ensure the effectiveness of the intervention measures, Member States are encouraged to regularly conduct assessments of methods and practises that give the best results, as well as to fund studies at EU-level that allow for comparisons and the exchange of best practises.
Amendment 103 #
2010/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) 'child sexual exploitation in travel and tourism' shall mean the sexual exploitation of children by a person or persons who travel from their usual environment to a destination where they have sexual contact with children.
Amendment 206 #
2010/0064(COD)
Proposal for a directive
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) the organisation of travel arrangements and/or other arrangements with the purpose of committing any of the offences referred to in Articles 3 to 6.
Amendment 209 #
2010/0064(COD)
Proposal for a directive
Article 7 – paragraph 3 – point b a (new)
Article 7 – paragraph 3 – point b a (new)
(ba) material acts in connection with travel for the purpose of having sexual intercourse with a child leading to a meeting, regardless of the actual sexual abuse and exploitation of the child.
Amendment 230 #
2010/0064(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall require authorities to ensure that candidates for professions working with children and/or persons involved in regular activities with children do not hold a criminal record including offences in relation to the offences governed by Articles 3 to 8 of this Directive. Where applicable, the criminal record of any Member State in which the candidate was resident for more than two years should be checked. By way of derogation from Articles 7 (2) and 9 (2) of the Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from criminal records between Member States, Member States shall take the necessary measures to ensure that, for the purpose of effectively implementing the measure consisting in temporarily or permanently preventing the person from exercising activities involving regular contacts with children, in particular insofar as the requesting Member State subjects access to certain activities to conditions to ensure that candidates have not been convicted of any of the offences referred to in Articles 3 to 7 of this Directive, information concerning the disqualification arising from conviction of any of the offences referred to in Articles 3 to 7 of this Directive is transmitted when requested under Article 6 of that Framework Decision from the central authority of the Member State of the person's nationality, and that personal data concerning such disqualification provided under Article 7(2) and (4) of that Framework Decision may in all cases be used for such purpose. It is imperative that Member States require that the criminal record of candidates for a position or activities involving children are checked prior to the offer of employment, through pre-employment checks. Otherwise, the requirement only relates to the publication of a criminal list without any requirement that the list is actually checked.Or. enJustification
Amendment 234 #
2010/0064(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Seizure and Confiscation Member States shall take the necessary measures to ensure that their competent authorities are entitled to seize and confiscate instrumentalities and proceeds from the offences referred to in this Directive.
Amendment 240 #
2010/0064(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall provide for the possibility of not prosecutinge or imposinge penalties on child victims of the offences referred to in Articles 4 and Article 5 (4) to (6) for their involvement in unlawful activities as a direct consequence of being subjected to those offences.
Amendment 243 #
2010/0064(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall take the necessary measures to ensure that investigations should be carried out bearing in mind the best interests and the rights of the child at all times and that investigation into or the prosecution of the offences referred to in Articles 3 to 7 are not dependent on a report or accusation being made by the victim, and that the criminal proceedings may continue even if the victim has withdrawn their statements.
Amendment 251 #
2010/0064(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable and support investigative units or services to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.
Amendment 268 #
2010/0064(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Amendment 270 #
2010/0064(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 275 #
2010/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that a child is provided with assistance and support as soon as the competent authorities have an indication that the child might have been subject to an offence referred to in Articles 3 to 7.
Amendment 276 #
2010/0064(COD)
Proposal for a directive
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
1b. Member States shall take the necessary measures to ensure that a child has access to information about its rights, in particular in relation to assistance and support, as soon as competent authorities have an indication that the child might have been subject to an offence referred to in Articles 3 to 7.
Amendment 279 #
2010/0064(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Member States shall take the necessary measures to establish effective child protection systems and multidisciplinary structures to ensure the necessary assistance and support to victims in the short and long term, whether through the provision of specially trained personnel within its public services or through recognition and funding of victim support organisations, including non-governmental organisations, other relevant organisations or other elements of civil society engaged in assistance to victims.
Amendment 282 #
2010/0064(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall take measures, where appropriate and possible, to provide assistance and support to the victim's family. In particular, Member States shall, where appropriate and possible, apply Article 4 of Council Framework Decision 2001/220/JHA to the family.
Amendment 283 #
2010/0064(COD)
Proposal for a directive
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. Member States shall take the necessary legislative or other measures to encourage and support the setting up of information services, such as telephone or Internet helplines, to provide advise to callers, even confidentially or with due regard for their anonymity.
Amendment 296 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to inform victims of their rights and the services at their disposal and, unless they do not wish to receive such information, the follow-up given to their complaint, the charges, the general progress of the investigation or proceedings, and their role therein as well as the outcome of their cases.
Amendment 297 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
1b. Member States shall take the necessary measures to ensure that assistance and support are provided to victims before, during and for an appropriate time after criminal proceedings in order to enable them to exercise the rights set forth in Council Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings and in this Directive.
Amendment 298 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1 c (new)
Article 19 – paragraph 1 c (new)
1c. Member States shall take the necessary measures to ensure that criminal investigations and proceedings are carried out in the best interest of the child.
Amendment 299 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1 d (new)
Article 19 – paragraph 1 d (new)
1d. Member States shall take the necessary measures to ensure that investigations are conducted promptly and without unjustified delay.
Amendment 300 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1 e (new)
Article 19 – paragraph 1 e (new)
1e. Member States shall take the necessary measures to ensure that investigations and criminal proceedings do not aggravate the trauma experienced by the child.
Amendment 301 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1 f (new)
Article 19 – paragraph 1 f (new)
1f. Each Member State shall, in the context of investigations and proceedings, apply Articles 13(1) and 13(2) of Framework Decision 2001/220/JHA.
Amendment 321 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to obtain the blocking of access by Internet users in their territory to Internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging itensure the removal of webpages containing or disseminating child pornography.
Amendment 335 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the abovePending the removal, Member States shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornography. Child abuse images are visual representations of a child being abused. On top of the devastating impact of sexual abuse itself, research indicates there it creates additional distress for the child to have to live with the knowledge that once an image has been uploaded to the internet it may be replicated and downloaded an unlimited number of times. Child abuse images on the internet have increased in prevalence over the last few years and the internet has enabled a shift from small-scale, ‘amateur’, non-profit production of images, to the distribution of images by members of organised crimcomplementary measures to ensure that access to webpages containing or disseminating child pornography are blocked without delay towards the Internet users in their territory. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking, taking into account technical characteristics, is limited to what is necessary, that users are in forder to benefit financially. The images of child abuse on websites should be deleted at source. The speed at which these images are taken down must be substantially improved. Moreovmed of the reason for the blocking and that content providers, where imageas fare housed outside a country’s national jurisdiction, we support the Directive’s measures to oblige internet service providers to block access to them. as possible, are informed of the possibility of challenging it. Or. enJustification
Amendment 118 #
2009/2175(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chainensure that the procuring authority takes responsibility for not only its contracted suppliers but also subcontractors/sub-suppliers engaged at multiple levels;
Amendment 50 #
2009/2137(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is aware that consumers are less satisfied and experience more problems with services than goods which partly reflects the greater complexity in the contractual relations and delivery of services compared to goods; calls on the Commission to carry out in-depth analyses of all problematic sectors such as energy, transport and banking services and make specific policy recommendations; welcomes the report on retail financial services in the EU, published by the Commission as a follow up to the Scoreboard;
Amendment 58 #
2009/2137(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the available price data are not sufficient to monitor the internal market properly and calls on national statistical offices and Eurostat to work together with the Commission to provide more data and to further develop itsthe methodology for collecting average prices of comparable and representative goods and services;
Amendment 63 #
2009/2137(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Takes note of the fact that online shopping is becoming more widespread but cross-border e-commerce is not developing as fast as domestic shopping; asks the Commission to include in future Scoreboards more complete data on the real level of cross-border sales and the problems encountered by cross-border consumers; calls on the European Central Bank to provide the Commission with statistics on cross-border business-to- consumer trade flows;
Amendment 64 #
2009/2137(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Emphasises that the effective implementation and enforcement of EU consumer protection rules acts as a driver for increasing consumer confidence and as a forceful deterrent to businesses seeking to evade those rules; calls on the Commission to closely monitor and help Member States in the transposition and implementation of the EU consumer acquis; invites the Commission in this context to explore options, using the legal basis provided by Article 169 of the Treaty on the Functioning of the European Union, for raising the profile of consumer protection policy with measures that support and supplement Member State policies, potentially including the creation of a European Consumer Agency;
Amendment 68 #
2009/2137(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises that close cooperation between the Commission, Eurostat, national statistical officessignificant input from national statistical offices and Eurostat, as well as close cooperation between these bodies, the Commission, consumer policy makers, national enforcement authorities as well asnd consumer and business organisations, will be a key in assuring the quality and completeness of data and further developing the evidence base needed; calls on Eurostat, Member States and all stakeholders to take steps to facilitate such cooperation;
Amendment 6 #
2008/2204(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that major obstacles exist in cross-border online trading, especially with respect to contractual and legal certainty in cross-border sales and protection of copyright and licences;
Amendment 10 #
2008/2204(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the Commission's planned initiatives to remove cross-border barriers in the on-line single market, and strongly urges the Commission to present an action plan on removing those barriers by January 2009 at the latest;
Amendment 11 #
2008/2204(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 12 #
2008/2204(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to run information campaigns about consumer rights in order toand education campaigns using traditional and internet-based tools in order to raise consumer awareness of their rights with the aim of increaseing their confidence in online shopptrading.;
Amendment 13 #
2008/2204(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to present to Parliament and consumers a guide on consumer rights in dealing with international trade over the Internet focussing in particular on contractual issues, protection of consumers against unfair commercial practices, privacy and copyright.
Amendment 1 #
2008/2115(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas, because health care constitutes part of society, which is not completely equal, there are gender-related disparities in care, treatment and support,
Amendment 2 #
2008/2115(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. whereas the Charter of Fundamental Rights of the European Union1 states that any discrimination on grounds of sex, race, colour, ethnic or social origin shall be prohibited (Article 21) and that everyone has the right of access to preventive health care and the right to medical treatment and that a high level of human health protection shall be ensured (Article 35),
Amendment 4 #
2008/2115(INI)
Draft opinion
Paragraph - 1 (new)
Paragraph - 1 (new)
- 1. Welcomes the Commission's White Paper on health but regrets the lack of analysis and gender mainstreaming in its proposal in regard to principles, measures and objectives; calls on the Commission clearly to gender-mainstream every area in its future strategy;
Amendment 5 #
2008/2115(INI)
Draft opinion
Paragraph - 1 a (new)
Paragraph - 1 a (new)
- 1a. Recalls the need for gender- disaggregated statistics in order to illustrate, substantiate and remedy the disparities between men and women in terms of diagnosis, treatment and distribution of resources in health care; calls on the Commission, together with the Institute for Gender Equality, to draw up guidelines and health indicators for gender-disaggregated statistics in the sector, since these are still lacking in the majority of the Member States;
Amendment 7 #
2008/2115(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need to integrate public health issues into allensure a high level of health protection in accordance with Article 152 of the Treaty within all relevant EU policy areas and strengthenalways to gender -mainstreaming in public health policies;
Amendment 14 #
2008/2115(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States, in any future adoption of a declaration on fundamental health values, expressly to include reduced inequality between women and men in health and care.
Amendment 18 #
2008/2115(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 22 #
2008/2115(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that considerably more women than men work in the health care sector in absolute numbers but that women are strongly underrepresented on decision- making bodies; stresses that this fact must also be highlighted and analysed from a gender perspective in the forthcoming strategy;
Amendment 24 #
2008/2115(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the need to increase public awareness of reproductive and sexual health in order to prevent unwanted pregnancies and the spread of sexually transmitted diseases and reduce the social and health problems caused by infertilityand rights;
Amendment 29 #
2008/2115(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to improve phealth care- and postnatal medical care by devising prenatal care indicators and carrying out regular monitorinformation for pregnant and breastfeeding women concerning the risks associated with alcohol, drug and tobacco consumption during pregnancy and breastfeeding;.
Amendment 30 #
2008/2115(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 8 #
Amendment 540 #
Amendment 545 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1 and paragraph 1 a (new)
Article 4 – paragraph 1 and paragraph 1 a (new)
1. Member States may not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of as long as they guarantee a higher degree of consumer protection. 1a. The rights resulting from this Directive shall be exercised without prejudice to the provisions of another Community act governing consumer protection.
Amendment 44 #
2008/0193(COD)
Proposal for a directive – amending act
Recital 20
Recital 20
(20) This Directive lays down minimum requirements and thus offers the Member States the option of introducing or maintaining more favourable provisions. The implementation of this Directive shouldmay not serve to justify any regression in relation to the situation prevailing in each Member State, in particular national laws which, by combining parental leave and maternity leave, provide for an entitlement to the mother of at least 18 weeks of leave allocated before and/or after confinement, and remunerated at least at the level provided for in this Directive.
Amendment 60 #
2008/0160(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The possibility for derogations from this Regulation can promote animal welfare, since the incentive for ensuring that the seal hunt is undertaken without causing avoidable pain, distress or any other form of suffering is strengthened if the seal is viewed as a resource rather than as a pest animal for fishery. Practices and traditions which are in line with the requirements for sustainable use in accordance with the Convention on Biological Diversity should therefore be taken into account when assessing applications for derogations. It should be ensured that well-established practises for sustainable use, including for scientific purposes, are not undermined. Moreover, derogations should not lead to disproportionate costs or other requirements.
Amendment 104 #
2008/0160(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
Amendment 109 #
2008/0160(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) the fulfilment of the conditions laid down in points (a), (b) and (c) is evidenced by: (i) a certificate, and when necessary (ii) a label or marking, where a certificate clearly does not suffice to ensure the proper enforcement of this Regulation, in accordance with Articles 6 and 7.
Amendment 116 #
2008/0160(COD)
Proposal for a regulation
Article 5 – paragraph 5 – subparagraph 1
Article 5 – paragraph 5 – subparagraph 1
5. The Commission shall adopt all measures necessary to implement this Article, such as measures on the applications to be submitted to the Commission, including evidentiary requirements, in order to obtain a derogation. In doing so, the Commission shall take into consideration the different conditions which may occur in the territories of different countries, as well as the need to ensure that animal welfare benefits already achieved are not undermined. When assessing an application for a derogation, the Commission shall pay due regard to the principle of sustainable use, and the need to ensure that administrative costs and other requirements are proportionate in relation to the scale and the nature of the seal hunt.
Amendment 120 #
2008/0160(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 139 #
2008/0160(COD)
Proposal for a regulation
Annex II – point 2
Annex II – point 2
The characteristics of the weapons and when applicable ammunitions used to kill seal are specified. It is made explicit in the legislation or other requirements which weapons are allowed for stunning and/or killing pups and which are allowed for stunning and/or killing adult seals.
Amendment 140 #
2008/0160(COD)
Proposal for a regulation
Annex II – point 3
Annex II – point 3
Requirements are specifically outlined for using appropriate monitoring methods and thereby oblige the hunter to verify that the seal is irrevocably unconscious or dead before bleeding it out and before continuing to the next seal.
Amendment 141 #
2008/0160(COD)
Proposal for a regulation
Annex II – point 4
Annex II – point 4
Bleeding-out of all animals is required directly following adequate stunning, that is, before proceeding to stun another seal. When small scale hunt is carried out using a rifle and the seal clearly is killed instantly, another seal can be shot if it is in immediate proximity of the first animal, the hunting conditions are favourable and if it is not causing any undue delay before bleeding out the animals.
Amendment 38 #
2008/0142(COD)
Proposal for a directive
Recital 2
Recital 2
Amendment 78 #
2008/0142(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 103 #
2008/0142(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In particular, power should be conferred on the Commission to adopt the following measures: proposal to the Member States of a list of treatments, other than those requiring overnight accommodation, to be subject to the same regime as hospital care; accompanying measures to exclude specific categories of medicinal products or substances from the recognition of prescriptions issued in another Member State provided for in this Directive; a list of specific criteria and conditions that European reference networks must fulfil; the procedure for establishing European reference networks. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, or to supplement this Directive by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 108 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-border healthcare. The aim of healthcare is to provide good health and care on equal terms for the entire population. Care shall be provided with respect for the equal value of all and the dignity of the individual.
Amendment 166 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into account principles of universality, access to good quality care, equity and solidarity, they shall define clear quality and safety standards for healthcare provided on their territory, and ensure that: (a) mechanisms are in place for ensuring that healthcare providers are able to meet such standards, taking into account international medical science and generally recognised good medical practices; (b) the application of such standards by healthcare providers in practice is regularly monitored and corrective action is taken when appropriate standards are not met, taking into account progress in medical science and health technology; (c) healthcare providers provide all relevant information to enable patients to make an informed choice, in particular on availability, prices and outcomes of the healthcare provided and details of their insurance cover or other means of personal or collective protection with regard to professional liability; (d) patients have a means of making complaints and are guaranteed remedies and compensation when they suffer harm arising from the healthcare they receive; (e) systems of professional liability insurance or a guarantee or similar arrangement, which are equivalent or essentially comparable as regards their purpose and which are appropriate to the nature and the extent of the risk are in place for treatment provided on their territory; (f) the fundamental right to privacy with respect to the processing of personal data is protected in conformity with national measures implementing Community provisions on the protection of personal data, in particular Directives 95/46/EC and 2002/58/EC; (g) patients from other Member States shall enjoy equal treatment with the nationals of the Member State of treatment, including the protection against discriminationThat shall be effected taking into account principles of universality, access to good quality care, equity and solidarity, and the principle that care shall be provided for according to Community law and national legislation in force in the Member State of treatmentneed.
Amendment 201 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. A Member State is able, not required, to receive patients from other Member States for planned healthcare. Such planned healthcare measures must not prejudice the Member State's ability or obligation to provide its own population with healthcare..
Amendment 253 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of reimbursement of healthcare provided in another Member State in accordance with this Directive, hospital care shall mean: (a) healthcare which requires overnight accommodation of the patient in question for at least one night. (b) healthcare, included in a specific list, that does not require overnight accommodation of the patient for at least one night. This list shall be limited to: - healthcare that requires use of highly specialised and cost-intensive medical infrastructure or medical equipment; or - healthcare involving treatments presenting a particular risk for the patient or the population planned specialised care which requires advanced medical and technical competence. It is for each Member State to decide which measures are to be regarded as specialised care.
Amendment 264 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. This list shall be set up and may be regularly updated by the Commission. 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 19(3)e Member State of affiliation shall decide what type of healthcare shall be regarded as hospital care in accordance with the criteria set out in paragraph 1 and shall notify the Commission of that decision.
Amendment 278 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in another Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: i) the financial balance of the Member State's social security system; and/or (ii) the planning and rationalisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member State.
Amendment 281 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
Article 8 – paragraph 3 – point b a (new)
(ba) where it is considered appropriate in order to prevent the further spread of multiresistant bacteria.
Amendment 285 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination.
Amendment 301 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph -1 a (new)
Article 9 – paragraph -1 a (new)
-1a. Member States may restrict the choice of provider or apply other domestic planning measures, such as conditions, criteria and regulatory and administrative formalities in respect, for example, of rules on the use of public funds in healthcare. These may also be applied to cross-border non-hospital healthcare, provided they respect internal market freedoms and any such restrictions on access to non-hospital healthcare abroad are necessary, proportionate and non- discriminatory.
Amendment 305 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where there are rules in a Member State to the effect that care provided by a private provider which finances parts of its activities via private insurance is not paid for from public funds, Member States may decide that those rules shall also apply to cross-border care.
Amendment 310 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States may offer patients a voluntary prior authorisation system under which the Member State of affiliation pays the care provider in another Member State directly.
Amendment 104 #
2008/0018(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 106 #
2008/0018(COD)
Proposal for a directive
Recital 8
Recital 8
(8) All economic operators intervening in the supply and distribution chain should exercise the responsibility and vigilance required to ensure that under normal and reasonably foreseeable conditions of use the toys they place on the market do not jeopardise the safety and health of children. Economic operators should take the appropriate measures to ensure that they make available on the market only toys which are in conformity with the applicable legislation. This Directive provides a clear and proportionate distribution of obligations which correspond to the respective role of each operator in the supply and distribution process.
Amendment 124 #
2008/0018(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The general and specific chemical requirements in this Directive should aim at protecting the health of children from dangerous substances in toys, while environmental concerns presented by toys are addressed in horizontal environmental legislation applying also to toys, in particular in Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste,to electrical and electronic toys, namely Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment, in and Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, in. In addition, environmental issues concerning waste are regulated by Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, those concerning packaging by Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste, and inthose concerning batteries and accumulators by Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC.
Amendment 127 #
2008/0018(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It is appropriate to lay down specific safety requirements to cover the potential specific hazard presented by toys inside food in line with the precautionary principle, since the association of a toy and food could be the cause of a risk of choking that is distinct from the risks presented by the toy alone and which is, therefore, not covered by any specific measures at Community level.
Amendment 130 #
2008/0018(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Since toys may exist or be developed which present hazards which are not covered by a particular safety requirement laid down in this Directive, it is necessary to set a general requirement of safety as the legal base for taking action against such toys. In this respect safety of toys should be determined by reference to the intended use of the product while taking into account the reasonably foreseeable use, bearing in mind behaviour of children, who do not generally show the same degree of care as the average adult user.
Amendment 131 #
2008/0018(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Since toys may exist or be developed which present hazards which are not covered by a particular safety requirement laid down in this Directive, it is necessary to set a general requirement of safety as the legal base for taking action against such toys. In this respect safety of toys should be determined by reference to the intended use of the product while taking into account the foreseeable use, bearing in mind behaviour of children, who do not generally show the same degree of care as the average adult user.Does not affect English version.)
Amendment 132 #
2008/0018(COD)
Proposal for a directive
Recital 22
Recital 22
(22) It is crucial to make clear to both manufacturers and users that by affixing the CE marking to the toy the manufacturer declares that the product is in conformity with all applicable requirements and that he takes full responsibility thereof.
Amendment 138 #
2008/0018(COD)
Proposal for a directive
Article 1 – paragraph 1 − subparagraph 1
Article 1 – paragraph 1 − subparagraph 1
1. This Directive lays down rules on the safety, and the free movement in the Community, of products designed or by virtue of their functions, dimensions and characteristics intended, whether or not exclusively, for use in play by children under 14 years of age, hereinafter "“toys"”.
Amendment 142 #
2008/0018(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Directive is based on the principle that manufacturers, importers and other economic operators guarantee that the manufacture or marketing of toys, and any chemicals they contain, are not harmful or toxic to children's health and the environment. These measures are based on the precautionary principle.
Amendment 143 #
2008/0018(COD)
Proposal for a directive
Article 2 – point 12 a (new)
Article 2 – point 12 a (new)
(12a) “could cause suffocation” means any object which, by virtue of its shape or size, could, in the absence of any force other than that exerted by the object itself, completely cover the mouth, nose or lower airways;
Amendment 147 #
2008/0018(COD)
Proposal for a directive
Article 2 – point 16 a (new)
Article 2 – point 16 a (new)
(16a) "soft filled toy" means a toy, clothed or unclothed, with soft body surfaces and filled with soft materials, readily allowing compression of the main part of the toy with the hand.
Amendment 148 #
2008/0018(COD)
Proposal for a directive
Article 2 – point 16 b (new)
Article 2 – point 16 b (new)
(16b) ”packaging” means any material accompanying the toy when purchased, which may not be defined as a toy or any other product sold together with the toy.
Amendment 151 #
2008/0018(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Manufacturers shall ensure that procedures are in place to ensure the continued conformity of series production to the model or prototype of the toy and its component parts having been used in the various evaluation and conformity procedures for the toy in question and its compliance with the standards and the basic requirements laid down in Article 9 and Annex II. Changes in the product design or characteristics and changes in the harmonised standards by reference to which conformity of a toy is stated shall also be adequately taken into account by manufacturers. Manufacturers shall, in all cases whe carry out sample testing of manufactured appropriate, carry out sample testing of marketed toys, investigating, and, if necessary,nd marketed toys, including the component parts thereof. Such testing shall be performed at least once a year, without prejudice to Article 38. Manufacturers shall investigate complaints received from economic operators and end users and respond to these within two weeks. They shall keeping a register of those complaints, and keeping distributorsin accordance with Article 7a, and shall keep the economic operators and end users who contacted them informed of such monitoring.
Amendment 154 #
2008/0018(COD)
Proposal for a directive
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Manufacturers who consider or haveIf there is a reason to believe that a toy which theymanufacturers have placed on the market poses in any way a health risk to children or is not in conformity with the applicable Community legislation shall, the manufacturer shall immediately take the necessary corrective measures to bring that toy into conformity or withdraw it from the market and recall it from end users, if appropriate. They shall immediately inform the national authorities of the Member States where they made the toy available to this effect, giving detailsan accurate description, in particular, of the non- compliance and of the corrective, withdrawal or recall measures taken.
Amendment 157 #
2008/0018(COD)
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. Manufacturers shall, on request from the competent national authorities, provide them, within seven days, with all the information and documentation necessary to demonstrate the conformity of the toy. They shall cooperate with those authorities, at the request of the latter, on any action to avoid the risks posed by toys which they have placed on the market.
Amendment 158 #
2008/0018(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Manufacturers who appoint an authorised representative shall notify that appointment to the competent national authorities of the territory in which their toys are made available on the market not later than four weeks after the date on which the appointment was made.
Amendment 159 #
2008/0018(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. Such notification shall, as a minimum requirement, include the authorised representative's particulars (name, postal address, telephone number, e-mail address, web site address), details of the toys in respect of which the authorised representative is subject to the obligations set out in paragraph 3, and the unique identification numbers of those toys.
Amendment 161 #
2008/0018(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) on request from the competent national authorities, provide them, within seven days, with all the information and documentation necessary to demonstrate the conformity of the toy;
Amendment 162 #
2008/0018(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. When placing a toy on the market, importers shall act with due care in relation to the applicable requirements and ensure that the toys they place on the market comply with this Directive and are safe.
Amendment 163 #
2008/0018(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Importers shall indicate their name and the, in a visible and clearly legible manner, their name and the address, telephone number and e-mail address at which they can be contacted on the toy or, where the size or nature of the toy does not allow it, on its packaging or in a document accompanying the toy, in such a way that it is visible and distinct from the description of the toy.
Amendment 164 #
2008/0018(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Importers who consider or havef there is a reason to believe that a toy which theyimporters have placed on the market poses in any way a health risk to children or is not in conformity with the applicable Community legislation shall, importers shall immediately take the necessary corrective measures to bring that toy into conformity or withdraw it from the market and recall it from end users, if appropriate. They shall immediately inform the national authorities of the Member States where they made the toy available to this effect, giving detailsan accurate description, in particular, of the non- compliance and of the corrective, withdrawal or recall measures taken.
Amendment 166 #
2008/0018(COD)
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Importers shall, on request from the competent national authorities, provide them, within seven days, with all the information and documentation necessary to demonstrate the conformity of the toy. They shall cooperate with those authorities, at the request of the latter, on any action to avoid the risks posed by toys which they have placed on the market.
Amendment 167 #
2008/0018(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. When makplacing a toy available on the market, distributors shall act with due care in relation to the applicable requirements and ensure that the toys they place on the market comply with this Directive, in order to ensure that the toys they place on the market are safe.
Amendment 168 #
2008/0018(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Distributors who consider or haveIf there is a reason to believe that a toy which theydistributors have placed on the market poses in any way a health risk to children or is not in conformity with the applicable Community legislation shall, the distributor shall immediately take the necessary corrective measures to bring that toy into conformity, or withdraw it from the market and recall it from end users, if appropriate. They shall immediately inform the other economic operators concerned and the national authorities of the Member States where they made the toy available to this effect, giving detailsan accurate description, in particular, of the non- compliance and of the corrective, withdrawal or recall measures taken.
Amendment 169 #
2008/0018(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Distributors shall, on request from the competent national authorities, provide them, within seven days, with all the information and documentation necessary to demonstrate the conformity of the toy. They shall cooperate with those authorities, at the request of the latter, on any action to avoid the risks posed by toys which they have made available on the market.
Amendment 170 #
2008/0018(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 173 #
2008/0018(COD)
Proposal for a directive
Article 8 – subparagraph 2
Article 8 – subparagraph 2
They shall have in place appropriate systems and procedures which allow for this information to be made available within seven days to the market surveillance authorities on request, for a period of 10 years.
Amendment 175 #
2008/0018(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take all measures necessary to ensure that toys may not be placed on the market unless they comply with the essential safety requirements set out, as far as the general safety requirement is concerned, in paragraph 2, and, as far as the particular safety requirements are concerned, in Annex II. These measures shall take due account of the precautionary principle.
Amendment 183 #
2008/0018(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
2. The manufacturer shall mark the warnings in a visible, clearly legible and accurate manner, so that they are conspicuously displayed on the toy, on an affixed label or on the consumer packaging and, if appropriate, on the instructions for use which accompany the toy. Small toys that are sold without packaging shall have appropriate warnings affixed to them.
Amendment 185 #
2008/0018(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
When appearing on the package or on the label attached thereto, the warnings shall be printed on the package or on the label in characters of a font size of at least 3 mm and shall be presented in such a way as to ensure a significant contrast between the print and the background.
Amendment 186 #
2008/0018(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Warnings specifying ththat are necessary for a choice of toy that is safe minimum and maximum ages f connection with the intended use or users shall be visible, legible andappear on the consumer packaging or be otherwise attached to the toy in such a way that the consumer can read it before purchase. If purchased online the warning should be conspicuously displayed aton the point of salwebpage.
Amendment 192 #
2008/0018(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
Warning of hazards that occur every time the toy is used or of unsafe behaviour that is likely to occur after some time of use shall be permanently marked on the toy
Amendment 199 #
2008/0018(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. If the references in the Official Journal of the European Union to a harmonised standard as referred to in Article 13 are published with restriction or maintained with restriction, the Commission may, in accordance with the regulatory procedure with scrutiny referred to in Article 46(2), adopt a decision indicating the reasons for the restriction. The Decision may specify threshold limits and other criteria corresponding to the specific safety requirements in question. The Decision shall make clear whether a toy complying with the harmonised standard as completed by the Decision shall be presumed to be in conformity with the requirements covered by the standard and the Decision.
Amendment 203 #
2008/0018(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By drawing up the EC declaration of conformity, the manufacturer shall assume the responsibility for the compliance of the toy. A copy of the declaration of conformity shall be made available to the relevant authorities, as well as economic operators in the supply chain, upon request.
Amendment 207 #
2008/0018(COD)
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Toys not bearing a CE-marking andor which do not otherwise comply with the provisions of this Directive may feature in trade fairs and exhibitions, provided that they are accompanied by a sign which clearly indicates that the toys do not comply with the requirements of this Directive and are not for sale or for distribution free of charge.
Amendment 212 #
2008/0018(COD)
Proposal for a directive
Article 17 − subparagraph 1 a (new)
Article 17 − subparagraph 1 a (new)
The absence of an accident history may not automatically be taken as indicating a low presumption of risk.
Amendment 225 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 1 - subparagraph 2
Article 45 - paragraph 1 - subparagraph 2
Those measures, designed to amend non- essential elements of this RegulationDirective, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46 (2).
Amendment 229 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 2
Article 45 - paragraph 2
Amendment 235 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 2 a (new)
Article 45 - paragraph 2 a (new)
2a. The Commission may, for the purpose of enhancing the standardisation process, amend the mandate for a standard not adopted within the given time frame, specifying threshold limits and the other criteria necessary for the compliance of the standard with the essential safety requirements set out in Article 9(2) and in Annex II. Those measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2).
Amendment 238 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 2 a (new)
Article 45 - paragraph 2 a (new)
2a. The Commission may, for the purpose of addressing hazards not covered by any specific safety requirement, amend Annex II by adding specific safety requirements. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2).
Amendment 257 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 1
Annex II – Part I – point 4 – subparagraph 1
4. Toys and their parts must not present risk of asphyxiation caused, in particular, by strangulation or suffocstrangulation.
Amendment 259 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 2
Annex II – Part I – point 4 – subparagraph 2
The packaging in which toys are contained for retail sale must not present risk of strangulation or asphyxiation caused byof closing off the flow of air as a result of airway obstruction external to the mouth and nose. Spherical, egg shaped or ellipsoidal packaging may not have dimensions that can cause internal airways obstruction by being wedged in the mouth or pharynx.
Amendment 262 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 - subparagraph 2 a (new)
Annex II – Part I – point 4 - subparagraph 2 a (new)
Toys and their parts must not present any risk of closing off the flow of air as a result of airway obstruction external to the mouth and nose.
Amendment 263 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 2 b (new)
Annex II – Part I – point 4 – subparagraph 2 b (new)
Toys and their parts must be of such dimensions as not to present any risk of closing off the flow of air as a result of airway obstruction by objects wedged in the mouth or pharynx or lodged over the entrance to the lower airways.
Amendment 264 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 3
Annex II – Part I – point 4 – subparagraph 3
Toys, which are clearlyby virtue of their functions, dimensions and characteristics, are intended for use by children under 36 months, and their component parts and any of their detachable parts must be of such dimensions as to prevent their being swallowed and/or inhaled. This also applies to other toys which by virtue of their functions, dimensions and characteristics are intended to be put in the mouth, and to their component parts and any of their detachable parts.
Amendment 270 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 4
Annex II – Part I – point 4 – subparagraph 4
Toys contained within food or co-mingled with a food must have their own packaging. This packaging, in its supplied condition, must be of such dimensions as to prevent it being swallowed and/or inhaled, and must fulfil the other requirements for toy packaging in 4e. Cylindrical inner packaging with rounded ends that as supplied can be divided in two individual halves may not have dimensions that can cause internal airways obstruction.
Amendment 277 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5
Annex II – Part I – point 4 – subparagraph 5
Toys firmly attached to a food product at the moment of consumption, in such a way that the food products needs to be consumed in order to get direct access to the toy, shall be prohibited. Parts of toys otherwise directly attached to a food product shall fulfil the requirements set out in 4c and 4d.
Amendment 291 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 10
Annex II – Part I – point 10
10. Toys which are designed to emit a sound should be so designed and constructed so that the sound from them is not able to impair children’s hearing. This shall apply to all toys irrespective of the age group targeted. The limit for impulse noise should be 135 dB LpC peak at the ear. Limits for continuous noise shall be set on the basis of the sensitivity of the ear of an infant under 36 months of age.
Amendment 294 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 11 a (new)
Annex II – Part I – point 11 a (new)
11a.Toys and their parts which can be swallowed by children, in particular magnets or magnetic components, expanding parts or button batteries, must not present risks of harming the gastric channels or the intestines,
Amendment 312 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 4
Annex II – Part III – point 4
Amendment 321 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 5
Annex II – Part III – point 5
Amendment 338 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 7
Annex II – Part III – point 7
7. Toys shall not contain the following allergenic fragrances: (1) Alanroot (Inula helenium) (2) Allylisothiocyanate (3) Benzyl cyanide (4) 4 tert-Butylphenol (5) Chenopodium oil (6) Cyclamen alcohol (7) Diethyl maleate (8) Dihydrocoumarin (9) 2,4-Dihydroxy-3-methylbenzaldehyde (10) 3,7-Dimethyl-2-octen-1-ol (6,7- Dihydrogeraniol) (11) 4,6-Dimethyl-8-tert-butylcoumarin (12) Dimethyl citraconate (13) 7,11-Dimethyl-4,6,10-dodecatrien-3- one (14) 6,10-Dimethyl-3,5,9-undecatrien-2- one (15) Diphenylamine (16) Ethyl acrylate (17) Fig leaf, fresh and preparations (18) trans-2-Heptenal (19) trans-2-Hexenal diethyl acetal (20) trans-2-Hexenal dimethyl acetal (21) Hydroabietyl alcohol (22) 4-Ethoxy-phenol (23) 6-lsopropyl-2-decahydronaphthalenol (24) 7-Methoxycoumarin (25) 4-Methoxyphenol (26) 4-(p-Methoxyphenyl)-3-butene-2-one (27) 1-(p-Methoxyphenyl)-1-penten-3-one (28) Methyl trans-2-butenoate (29) 6-Methylcoumarin (30) 7-Methylcoumarin (31) 5-Methyl-2,3-hexanedione (32) Costus root oil (Saussurea lappa Clarke) (33) 7-Ethoxy-4-methylcoumarin (34) Hexahydrocoumarin (35) Peru balsam (Myroxylonpereirae Klotzsch) (36) 2-Pentylidene-cyclohexanone (37) 3,6,10-Trimethyl-3,5,9-undecatrien- 2-one (38) Verbana oil (Lippia citriodora Kunth). However, the presence of traces of these substances shall be allowed provided that such presence is technically unavoidable in good manufacturing practice. In addition the following allergenic fragrances shall be listed if added to toys, as such, at concentrations exceeding 0,01 % by weight: (1) Amyl cinnamal (2) Amylcinnamyl alcohol (3) Anisyl alcohol (4) Benzyl alcohol (5) Benzyl benzoate (6) Benzyl cinnamate (7) Benzyl salicylate (8) Cinnamal (9) Cinnamyl alcohol (10) Citral (11) Citronellol (12) Coumarin (13) Eugenol (14) Farnesol (15) Geraniol (16) Hexyl cinnamaldehyde (17) Hydroxy-citronellal (18) Hydroxy- methylpentylcyclohexenecarboxaldehyde (19) Isoeugenol (20) Lilial (referred to in the Cosmetics Directive in entry 83 as: 2-(4-tert- Butylbenzyl) propionaldehyde (21) d-Limonene (22) Linalool (23) Methyl heptine carbonate (24) 3-methyl-4-(2,6,6-trimethyl-2- cyclohexen-1-yl)-3-buten-2-one (25) Oakmoss extracts (26) Treemoss extractOnly fragrances which are found not to be allergenic in accordance with to the Regulation on Classification, Labelling and Packaging of Substances and Mixtures may be used in toys
Amendment 349 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 8
Annex II – Part III – point 8
8. The following migration limits, from toys or components of toys that are accessible to children during use as specified in the first subparagraph of Article 9 (2), shall not be exceeded: Element mg/kg in mg/kg dry, brittle, in liquid or dry, brittle, in liquid or powder-like sticky powder-like sticky or toy material or toy material pliable toy pliable toy material material Aluminium 5625 1406 Antimony 45 11.3 Arsenic 7.51.9 Barium 4500 1125 Boron 1200 300 Cadmium 3.8 Chromium 37.5 (III) Chromium 0.04 (VI) Cobalt 10.50.9 9.4 0.01 2.6 Copper 622.5 156 Lead 276.8 Manganese 1200 300 Mercury 15 Nickel 753.8 18.8 Selenium 37.5 9.4 Strontium 4500 1125 Tin 15000 3750 Organic tin 1.9 Zinc 3750 938 These limit values do not apply to toys which due to their accessibility, function, volume or mass clearly exclude any hazard due to sucking, licking, swallowing or prolonged contact with skin when used as specified in the first subparagraph of Article 9 (2).0.5 Zinc 3750 938 deleted
Amendment 364 #
2008/0018(COD)
Proposal for a directive
Annex V - Part A - subparagraph 1 a (new)
Annex V - Part A - subparagraph 1 a (new)
All warnings, by phrases or pictogram, shall be preceded by the word “Warning”.
Amendment 367 #
2008/0018(COD)
Proposal for a directive
Annex V - Part B - Point 1
Annex V - Part B - Point 1
1.Toys which might be dangerous for children under 36 months of age shall bear a warning, for example: 'Warning: Not suitable for children under 36 months' or 'Warning: Not suitable for children under three years' or the word “Warning” together with the following graphic: [Pictogram] These warnings shall be accompanied with a brief indication, which may appear in the instructions for use, of the specific hazard calling for this restriction. Such a warning may not be used for toys designed or, by virtue of their function, dimensions and characteristics, intended for use by children of under 36 months. In particular, all soft-filled toys are considered as toys intended for children under 36 months. This provision does not apply to toys which, on account of their function, dimensions, characteristics, properties or other cogent grounds, are manifestly unsuitable for children under 36 months.
Amendment 9 #
2007/2263(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
– having regard to Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme),
Amendment 19 #
2007/2263(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas public health, both at national and European level, should be analysed from a gender perspective since the differences in ill health between the sexes may be successfully reduced and public health positively affected by highlighting gender-related living conditions and their public health implications,
Amendment 33 #
2007/2263(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas physical, sexual or psychological violence, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life, constitute a breach of the right to life, security, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence; whereas such violence is so widespread in the Community that it constitutes a genuine violation of fundamental rights, a public health scourge and an obstacle to the enjoyment of safe, free and just citizenship
Amendment 34 #
2007/2263(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas men are responsible for most of the violence which takes place in society and the home, and those affected to the greatest extent by gender-related violence are women and children,
Amendment 61 #
2007/2263(INI)
Motion for a resolution
Recital J
Recital J
J. whereas prostituted women risk becoming drug users because of the burden of their worksituation and drug users risk turning to prostitution in order to support their addiction,.
Amendment 67 #
2007/2263(INI)
Motion for a resolution
Recital K
Recital K
Amendment 76 #
2007/2263(INI)
Motion for a resolution
Recital M
Recital M
M. whereas many prostituted women suffer harmful consequences from clients under the influence of alcohol and drugs such as excessive demands and health-threatening demands, unpredictable aggression and acts of violence,
Amendment 80 #
2007/2263(INI)
Motion for a resolution
Recital N
Recital N
N. whereas there is a link between alcohol and drug consumption and unprotected sexsex purchasers' demand for sex without a condom from women in prostitution,
Amendment 99 #
2007/2263(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. having regard to Article 3(1)(p) of the Treaty, which provides that the activities of the Union shall include a contribution to the attainment of a high level of health protection, and to Article 152, which lays down that a high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities,
Amendment 100 #
2007/2263(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. having regard to the various legal situations in the Member States applicable to women in prostitution and purchasers of sex,
Amendment 110 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 j (new)
Paragraph -1 j (new)
-1j. Stresses that the aim of public health policy is good health on equal terms. A primary goal of the policy is to create social conditions for equal health on an equal footing, which is a concomitant of viewing public health as a right. Health is one of the fundamental human rights and is also a prerequisite for the realisation of other rights. Consequently, health disparities between the sexes, for example, are unacceptable;
Amendment 111 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 k (new)
Paragraph -1 k (new)
-1k. Notes that different legal situations apply in the Member States in regard to the purchase of sexual services and prostitution but that, regardless of the legal situation concerned, women in prostitution run a high risk of being exposed to serious health risks;
Amendment 114 #
2007/2263(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. DefPoinets out that violence ais a health problem, i e victims of violence suffer a wide array of health problems.. In addition to physical injury (e.g. broken legs, damage to teeth and concussion) there is a greater risk of depression, anxiety, somatic symptoms and ailments, and poorer sexual health, including gynaecological complaints and various other health problems. Research also shows that individuals who have been subjected to violence develop a negative lifestyle, including a poorer diet, less exercise, smoking and dangerous levels of alcohol consumption;
Amendment 117 #
2007/2263(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that equality between women and men and between girls and boys, respect for the right to reproductive and sexual health, access to information about sex and sexual healthcare together with openness about sexuality are crucial factors in the fight against HIV/AIDS and other sexually transmitted diseases;
Amendment 136 #
2007/2263(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises that prostituted women are considerably more at risk of physical and psychological injuries related, not to extraordinaryonly to violence, but also to the everyday practice of prostitution;
Amendment 156 #
2007/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises that the purchasers of prostitutes' services who refuse to wear a condom - and even pay extra money not to - are at risk of both contracting and of transmitting sexually transmitted diseases (STDs), most importantly HIV/AIDS;
Amendment 162 #
2007/2263(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recognises that, as stated in the above- mentioned CEDAW Committee General Recommendation No. 19, traditional attitudes by which women are regarded as subordinate to men or as having stereotyped roles contribute to the propagation of pornography and the depiction and other commercial exploitation of women as sexual objects, rather than as individuals; this in turn contributes to gender-based violence;
Amendment 182 #
2007/2263(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges Member States to investigate the specific health risks women in prostituted womeion are exposed to - regardless of their legal status of the sex industry;
Amendment 196 #
2007/2263(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges Member States to investigate the levels of alcohol, medicine and drug use among prostituted women, since several studies from Canada and Australiaand testimonies show extremely high levels, and whether abuse has caused them to become prostituted and how the abuse may increase their exposure to other health risks;
Amendment 206 #
2007/2263(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission to compare differences in health status in the sex industryamong women in prostitution between Member States where prostitution is regulated, legal or criminalised;
Amendment 164 #
2007/0113(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Offers Offers covered by this Directive shall be applicable in their entirety for at least 48 hours.