964 Amendments of Françoise CASTEX

Proposal for a directive
Article 1 – point 2

Directive 2004/109/EC
Article 3 – paragraphe 1 – alinéa 1

1. The home Member State may make an issuer subject to requirements more stringent than those laid down in this Directive~~, except requiring issuers to publish periodic information other than annual financial reports referred to in Article 4 and half-yearly financial reports referred to in Article 5~~.

2012/05/09
Committee: JURI

2011/0284(COD)

Proposal for a regulation
–

The European Parliament rejects the Commission proposal.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Title

Proposal for a ~~REGULATION~~DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on ~~a Common European Sales Law~~the harmonisation of certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contracts, related services and digital content

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 1

(1) There are still considerable bottlenecks to cross-border economic activity that prevent the internal market from exploiting its full potential for growth and job creation. ~~Currently, only one in ten traders in the Union exports goods within the Union and the majority of those who do, only export to a small number of Member States. From the range of~~Of all the obstacles to cross- border trade ~~including~~, tax regulations, administrative requirements, delivery difficulties ~~in delivery~~, language and culture, traders consider the difficulty in finding out the provisions of a foreign contract law among the top barriers in business-to-consumer transactions and in business-to-business transactions. This also leads to disadvantages for consumers due to limited access to goods. Different national contract laws therefore deter the exercise of fundamental freedoms, such as th have been identified as the greatest barriers . In spite of recently adopted Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights1, which harmonises the main aspects of distance contracts, there are still a number of differences between national provisions of consumer contract law. Those differences can be fre~~edom to provide goods and services, and represent~~garded as barriers to the functioning and continuing establishment of the internal market. ~~They also have the effect of limiting competition, particularly in the markets of smaller Member States~~__________________ 1 OJ. L 304, 22.11.2011, p. 64.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 2

(2) Contracts are the indispensable legal tool for every economic transaction. However, the need for traders to identify or negotiate the applicable law, to find out about the provisions of a foreign applicable law often involving translation, to obtain legal advice to make themselves familiar with its requirements and to adapt their contracts to different national laws that may apply in cross-border dealings makes cross-border trade more complex and costly compared to domestic trade. CIt is therefore necessary to complement Directive 2011/83/EU by updating the legal provisions governing certain aspects of the obligation relating to the guarantee of conformity in connection with consumer sales contract~~-law-~~s, related barriers are thus a major contributing factor in dissuading a considerable number of export-oriented traders from entering cross-border trade or expanding their operations into more Member States. Their deterrent effect is particularly strong for small and medium-sized enterprises (SME) for which the costs of entering multiple foreign markets are often particularly high in relation to their turnover. As a consequence, traders miss out on cost savings they could achieve if it were possible to market goods and services on the basis of one uniform contract law for all their cross-border transactions and, in the online environment, one single web-sitservices and digital content. This updating process should to take account of the needs of the digital economy and the relevant rulings of the European Court of Justice.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 3

(3) Contract law related transaction costs which have been shown to be of considerable proportions and legal obstacles stemming from the differences between national mandatory consumer protection rules have a direct effect on the functioning of the internal market in relation to business–to–consumer transactions. Pursuant to Article 6 of Regulation 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Regulation (EC) No 593/2008), whenever a trader directs its activities to consumers in another Member State the consumer protection provisions of the Member State of the consumer's habitual residence that provide a higher level of protection and cannot be derogated from by agreement by virtue of that law will apply, even where another applicable law has been chosen by the parties. Therefore, traders need to find out in advance whether the consumer's law provides higher protection and ensure that their contract is in compliance with its requirements. In addition, in e-commerce, web-site adaptations which need to reflect mandatory requirements of applicable foreign consumer contract laws entail further costs. The existing harmonisation of consumer law at Union level has led to a certain approximation in some areas. However the differences between Member States' laws remain substantial; existing harmonisation leaves Member States a broad range of options on how to comply with the requirements of Union legislation and where to set the level of consumer protection.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 3 a (new)

(3a) A person should also be considered as a consumer in the case of dual purpose contracts, where the contract is concluded for purposes partly within and partly outside the person's trade and the trade purpose is so limited as not to be predominant in the overall context of the contract.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 4

(4) The contract-law-related barriers which prevent traders from fully exploiting the potential of the internal market also work to the detriment of consumers. Less cross-border trade results in fewer imports and less competition. Consumers may be disadvantaged by a limited choice of goods at higher prices both because fewer foreign traders offer their products and services directly to them and also indirectly as a result of restricted cross- border business-to-business trade at the wholesale level. While cross-border shopping could bring substantial economic advantages in terms of more and better offers, many consumers are also reluctant to engage in cross-border shopping, because of the uncertainty about their rights. Some of the main consumer concerns are related to contract law, for instance whether they would enjoy adequate protection in the event of purchasing defective products. As a consequence, a substantial numberBy bringing the established body of European consumer law up to date with regard to the legal obligation relating to the guarantee of conformity, related services and digital content, a high level of consumers pr~~efer to shop domestically even if this means they have less choice or pay higher prices~~otection will be ensured.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 5

(5) In addition, those consumers who want to benefit from price differences between Member States by purchasing from a trader from another Member State are often hindered due to a trader's refusal to sell. While e-commerce has greatly facilitated the search for offers as well as the comparison of prices and other conditions irrespective of where a trader is established, orders by consumers from abroad are very frequently refused by traders which refrain from entering into cross-border transactions.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 6

(6) Differences in national contract laws therefore constitute barriers which prevent consumers and traders from reaping the benefits of the internal market. Those contract-law-related barriers would be significantly reduced if contracts could be based on a single uniform set of contract law rules irrespective of where parties are established. Such a uniform set of contract law rules should cover the full life cycle of a contract and thus comprise the areas which are the most important when concluding contracts. It should also include fully harmonised provisions to protect consumers.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 7

(7) The differences between national contract laws and their effect on cross- border trade also serve to limit competition. With a low level of cross- border trade, there is less competition, and thus less incentive for traders to become more innovative and to improve the quality of their products or to reduce prices. Particularly in smaller Member States with a limited number of domestic competitors, the decision of foreign traders to refrain from entering these markets due to costs and complexity may limit competition, resulting in an appreciable impact on choice and price levels for available products. In addition, the barriers to cross-border trade may jeopardise competition between SME and larger companies. In view of the significant impact of the transaction costs in relation to turnover, an SME is much more likely to refrain from entering a foreign market than a larger competitor.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 8

(8) To overcome these contract-law- related barriers, parties should have the possibility to agree that their contracts should be governed by a single uniform set of contract law rules with the same meaning and interpretation in all Member States, a Common Sales Law. The Common European Sales Law should represent an additional option increasing the choice available to parties and open to use whenever jointly considered to be helpful in order to facilitate cross-border trade and reduce transaction and opportunity costs as well as other contract-law-related obstacles to cross- border trade. It should become the basis of a contractual relationship only where parties jointly decide to use it.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 9

(9) This ~~Regulation establishes a Common European Sales Law. It harmonises the contract laws of the Member States not by requir~~Directive provides a minimum set of rules making up the legal framework for certaing a~~mendmen~~spects tof the ~~pre-existing national contract law, but by c~~sale of consumer goods and digital content, legal obligations relating ~~within each Member Sta~~to guarante'es national law a second contract law regime for contracts within its scope. This second regime should be identical throughout the Union and exist alongside the pre-existing rules of national contract law. The Common European Sales Law should apply on a voluntary basis, upon an express agreement of the parties, to a cross-border contractof conformity and related-services contracts. This Directive therefore harmonises the contract law of Member States without preventing them from maintaining or introducing stricter national provisions in the areas harmonised by the Directive in order to guarantee a high level of consumer protection.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 10

(10) The agreement to use the Common European Sales Law should be a choice exercised within the scope of the respective national law which is applicable pursuant to Regulation (EC) No 593/2008 or, in relation to pre- contractual information duties, pursuant to Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Regulation (EC) No 864/2007), or any other relevant conflict of law rule. The agreement to use the Common European Sales Law should therefore not amount to, and not be confused with, a choice of the applicable law within the meaning of the conflict-of- law rules and should be without prejudice to them. This Regulation will therefore not affect any of the existing conflict of law rules.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 11

(11) ~~The Common European Sales Law should comprise of a complete set of fully harmonised mandatory consumer protection rules.~~ In line with Article 114(3) of the Treaty, those rules should guarantee a high level of consumer protection with a view to enhancing consumer confidence ~~in the Common European Sales Law~~ and thus provide consumers with an incentive to enter into cross-border contracts ~~on that basis~~. The rules should maintain or improve the existing level of protection that consumers enjoy under Union consumer law.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 12

(12) Since the Common European Sales Law contains a complete set of fully harmonised mandatory consumer protection rules, there will be no disparities between the laws of the Member States in this area, where the parties have chosen to use the Common European Sales Law. Consequently, Article 6(2) Regulation (EC) No 593/2008, which is predicated on the existence of differing levels of consumer protection in the Member States, has no practical importance for the issues covered by the Common European Sales Law.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 13

(13) The Common European Sales Law should be available for cross-border contracts, because it is in that context that the disparities between national laws lead to complexity and additional costs and dissuade parties from entering into contractual relationships. The cross- border nature of a contract should be assessed on the basis of the habitual residence of the parties in business-to- business contracts. In a business-to- consumer contract the cross-border requirement should be met where either the general address indicated by the consumer, the delivery address for the goods or the billing address indicated by the consumer are located in a Member State, but outside the State where the trader has its habitual residence.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 14

(14) The use of the Common European Sales Law should not be limited to cross- border situations involving only Member States, but should also be available to facilitate trade between Member States and third countries. Where consumers from third countries are involved, the agreement to use the Common European Sales Law, which would imply the choice of a foreign law for them, should be subject to the applicable conflict-of-law rules.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 15

(15) Traders engaging in purely domestic as well as in cross-border trade transactions may also find it useful to make use of a single uniform contract for all their transactions. Therefore Member States should be free to decide to make the Common European Sales Law available to parties for use in an entirely domestic setting.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 16

(16) The Common European Sales Law should be available in particular for the sale of movable goods, including the manufacture or production of such goods, as this is the economically single most important contract type which could present a particular potential for growth in cross-border trade, especially in e- commerce.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 17

(17) In order to reflect the increasing importance of the digital economy, the scope of th~~e Common European Sales Law~~is Directive should also cover contracts for the supply of digital content. The transfer of digital content for storage, processing or access, and repeated use, such as a music download, has been growing rapidly and holds a great potential for further growth but is still surrounded by a considerable degree of legal diversity and uncertainty. Th~~e Common European Sales Law~~is Directive should therefore cover the supply of digital content irrespective of whether or not that content is supplied on a tangible medium.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 18

(18) Digital content is often supplied not in exchange for a price but in combination with separate paid goods or services, involving a non-monetary consideration such as giving access to personal data or free of charge in the context of a marketing strategy based on the expectation that the consumer will purchase additional or more sophisticated digital content products at a later stage. In view of this specific market structure and of the fact that defects of the digital content provided may harm the economic interests of consumers irrespective of the conditions under which it has been provided, the ~~availability of the Common European Sales Law~~protection for the consumer which is ensured by this Directive should not depend on whether a price is paid for the specific digital content in question.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 18 a (new)

(18a) While Directive 2011/83/EU lays down provisions on the passing of risk in respect of goods, it remains necessary to complement those provisions by similar provisions on digital content, too, and, in the process, take account of the specific features of those products.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 19

(19) With a view to maximising the added value of ~~the Common European Sales Law its material scop~~updating existing provisions on the legal obligation relating to the guarantee of conformity, the material scope of this Directive should also include certain services ~~provided by the seller~~ that are directly and closely related to specific goods or digital content ~~supplied on the basis of the Common European Sales Law,~~ and in practice often combined in the same or a linked contract at the same time~~, most notably repair, maintenance or installation of the goods or the digital content~~.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 20

(20) ~~The Common European Sales Law should not cover any related contracts by which the buyer acquires goods or is suppl~~Should the good, related service or digital content concerned not conform to the contract, consumers should be able to choose from the various remedieds w~~ith a service, from a third party. This would not be appropriate because the third party is not part of the agreement between the contract~~hich this Directive guarantees them. Consumers should be entitled to require traders to remedy the lack of conformity through certain actions, which may take the form of repair or replacement, a reduction ing p~~arties to use the rules of the Common European Sales Law. A related contract with a third party should be governed by t~~urchase price, withholding of the consumer's own performance, withdrawal from the contract, or damages. It should be possible, whe re~~spective national law which is applicable according pursuant to Regulations (EC) No 593/2008 and (EC) No 864/2007 or any o~~ appropriate, to combine some of therse re~~levant conflict of law rule~~medies.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 21

(21) In order to tackle the existing internal market and competition problems in a targeted and proportionate fashion, the personal scope of the Common European Sales Law should focus on parties who are currently dissuaded from doing business abroad by the divergence of national contract laws with the consequence of a significant adverse impact on cross-border trade. It should therefore cover all business-to consumer transactions and contracts between traders where at least one of the parties is an SME drawing upon Commission Recommendation 2003/361 of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises. This should, however, be without prejudice to the possibility for Member States to enact legislation which makes the Common European Sales Law available for contracts between traders, neither of which is an SME. In any case, in business-to-business transactions, traders enjoy full freedom of contract and are encouraged to draw inspiration from the Common European Sales Law in the drafting of their contractual terms.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 22

(22) The agreement of the parties to a contract is indispensable for the application of the Common European Sales Law. That agreement should be subject to strict requirements in business- to-consumer transactions. Since, in practice, it will usually be the trader who proposes the use of the Common European Sales Law, consumers must be fully aware of the fact that they are agreeing to the use of rules which are different from those of their pre-existing national law. Therefore, the consumer's consent to use the Common European Sales Law should be admissible only in the form of an explicit statement separate from the statement indicating the agreement to the conclusion of the contract. It should therefore not be possible to offer the use of the Common European Sales Law as a term of the contract to be concluded, particularly as an element of the trader's standard terms and conditions. The trader should provide the consumer with a confirmation of the agreement to use the Common European Sales Law on a durable medium.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 23

(23) In addition to being a conscious choice, the consent of a consumer to the use of the Common European Sales Law should be an informed choice. The trader should therefore not only draw the consumer's attention to the intended use of the Common European Sales Law but should also provide information on its nature and its salient features. In order to facilitate this task for traders, thereby avoiding unnecessary administrative burdens, and to ensure consistency in the level and the quality of the information communicated to consumers, traders should supply consumers with the standard information notice provided for in this Regulation and thus readily available in all official languages in the Union. Where it is not possible to supply the consumer with the information notice, for example in the context of a telephone call, or where the trader has failed to provide the information notice, the agreement to use the Common European Sales Law should not be binding on the consumer until the consumer has received the information notice together with the confirmation of the agreement and has subsequently expressed consent.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 24

(24) In order to avoid a selective application of certain elements of the Common European Sales Law, which could disturb the balance between the rights and obligations of the parties and adversely affect the level of consumer protection, the choice should cover the Common European Sales Law as a whole and not only certain parts of it.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 25

(25) Where the United Nations Convention on Contracts for the International Sale of Goods would otherwise apply to the contract in question, the choice of the Common European Sales Law should imply an agreement of the contractual parties to exclude that Convention.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 26

(26) The rules of the Common European Sales Law should cover the matters of contract law that are of practical relevance during the life cycle of the types of contracts falling within the material and personal scope, particularly those entered into online. Apart from the rights and obligations of the parties and the remedies for non-performance, the Common European Sales Law should therefore govern pre-contractual information duties, the conclusion of a contract including formal requirements, the right of withdrawal and its consequences, avoidance of the contract resulting from a mistake, fraud, threats or unfair exploitation and the consequences of such avoidance, interpretation, the contents and effects of a contract, the assessment and consequences of unfairness of contract terms, restitution after avoidance and termination and the prescription and preclusion of rights. It should settle the sanctions available in case of the breach of all the obligations and duties arising under its application.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 27

(27) All the matters of a contractual or non-contractual nature that are not addressed in the Common European Sales Law are governed by the pre-existing rules of the national law outside the Common European Sales Law that is applicable under Regulations (EC) No 593/2008 and (EC) No 864/2007 or any other relevant conflict of law rule. These issues include legal personality, the invalidity of a contract arising from lack of capacity, illegality or immorality, the determination of the language of the contract, matters of non-discrimination, representation, plurality of debtors and creditors, change of parties including assignment, set-off and merger, property law including the transfer of ownership, intellectual property law and the law of torts. Furthermore, the issue of whether concurrent contractual and non- contractual liability claims can be pursued together falls outside the scope of the Common European Sales Lis Directive are governed by the pre-existing rules of national law.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 28

(28) The Common European Sales Law should not govern any matters outside the remit of contract law. This Regulation should be without prejudice to the Union or national law in relation to any such matters. For example, information duties which are imposed for the protection of health and safety or environmental reasons should remain outside the scope of the Common European Sales Law. This Regulation should further be without prejudice to the information requirements of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 29

(29) Once there is a valid agreement to use the Common European Sales Law, only the Common European Sales Law should govern the matters falling within its scope. The rules of the Common European Sales Law should be interpreted autonomously in accordance with the well-established principles on the interpretation of Union legislation. Questions concerning matters falling within the scope of the Common European Sales Law which are not expressly settled by it should be resolved only by interpretation of its rules without recourse to any other law. The rules of the Common European Sales Law should be interpreted on the basis of the underlying principles and objectives and all its provisions.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 30

(30) Freedom of contract should be the guiding principle underlying the Common European Sales Law. Party autonomy should be restricted only where and to the extent that this is indispensable, in particular for reasons of consumer protection. Where such a necessity exists, the mandatory nature of the rules in question should be clearly indicated.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 31

(31) The principle of good faith and fair dealing should provide guidance on the way parties have to cooperate. As some rules constitute specific manifestations of the general principle of good faith and fair dealing, they should take precedent over the general principle. The general principle should therefore not be used as a tool to amend the specific rights and obligations of parties as set out in the specific rules. The concrete requirements resulting from the principle of good faith and fair dealing should depend, amongst others, on the relative level of expertise of the parties and should therefore be different in business-to-consumer transactions and in business-to-business transactions. In transactions between traders, good commercial practice in the specific situation concerned should be a relevant factor in this context.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 32

~~(32) The Common European Sales Law should aim at the preservation of a valid contract whenever possible and appropriate in view of the legitimate interests of the parties.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 33

(33) The Common European Sales Law should identify well-balanced solutions taking account the legitimate interests of the parties in designating and exercising the remedies available in the case of non- performance of the contract. In business- to-consumer contracts the system of remedies should reflect the fact that the non-conformity of goods, digital content or services falls within the trader's sphere of responsibility.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 34

(34) In order to enhance legal certainty by making the case-law of the Court of Justice of the European Union and of national courts on the interpretation of th~~e Common European Sales Law or any other provision of this Regulation~~is Directive accessible to the public, the Commission should create a database comprising the final relevant decisions. With a view to making that task possible, the Member States should ensure that such national judgments are quickly communicated to the Commission.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 35

(35) It is also appropriate to review the functioning of the Common European Sales Law or any other provision of this Regulation after five years of operation. The review should take into account, amongst other things, the need to extend further the scope in relation to business- to-business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 36

(36) Since the objective of this ~~Regulation~~Directive, namely to contribute to the proper functioning of the internal market by ~~making available a uniform set of contract law rules that can be used for cross-border transactions throughout the Union~~harmonising certain aspects of the obligation relating to the guarantee of conformity in connection with sales contracts, related services and digital content, cannot be sufficiently achieved by the Member States and can therefore 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 the European Union. In accordance with the principle of proportionality, as set out in that Article, this ~~Regulation~~Directive does not go beyond what is necessary in order to achieve that objective.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Recital 37

(37) This ~~Regulation~~Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union ~~and specifically Articles 16, 38 and 47 thereof~~,

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 1 – paragraph 1

1. The purpose of this ~~Regulation~~Directive is to improve the conditions for the establishment and the functioning of the internal market by ~~making available a uniform set of contract law rules as set~~ ensuring a high level of consumer protection which takes account ~~in Annex I (‘the Common European Sales Law’). These rule~~of new technologies, too, by harmonising certain aspects of the laws, regulations can ~~be used for cross-border transact~~d administrative provisions ofor the ~~sale of goods, for the supply of digital content and for related services where the parties to a contract agree to do so~~Member States with regard to certain aspects of the obligation relating to the guarantee of conformity, related services and digital content in connection with contracts concluded between consumers and traders.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation enables traders to rely on a common set of rules and use the same contract terms for all their cross- border transactions thereby reducing unnecessary costs while providing a high degree of legal certainty.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 1 – paragraph 3

3. ~~In relation to contracts between traders and consumers, this Regulation~~This Directive comprises a comprehensive set of consumer protection rules to ensure a high level of consumer protection, to enhance consumer confidence in the internal market and encourage consumers to shop across borders.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 1 – paragraph 3 a (new)

3a. Save as otherwise provided in this Directive, Member States may maintain or introduce national laws ensuring a higher level of consumer protection which depart from the provisions of this Directive.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 1 – paragraph 3 b (new)

3b. Should one or more Member States avail itself of the possibility under paragraph 3a, the relevant provisions shall be in conformity with the Treaties and notified to the Commission. The Commission shall subsequently ensure that that information is easily accessible to consumers and traders, inter alia on a dedicated website.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 1 – paragraph 3 c (new)

3c. The enjoyment of other national rights concerning traders' contractual and noncontractual obligations shall be without prejudice to the consumer rights harmonised by this Directive.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point b

(b) ‘good faith and fair dealing’ means a standard of conduct characterised by honesty, openness and consideration for the interests of the other party to the transaction or relationship in question;deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point c

(c) ‘loss’ means economic loss and non- economic loss in the form of pain and suffering, excluding other forms of non- economic loss such as impairment of the quality of life and loss of enjoyment;deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point d

(d) ‘standard contract terms’ means contract terms which have been drafted in advance for several transactions involving different parties, and which have not been individually negotiated by the parties within the meaning of Article 7 of the Common European Sales Law;deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point e

(e) ‘trader’ means any natural ~~or legal person who is acting~~person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to ~~that person'~~his trade, business, craft, or profession in relation to contracts;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point f

(f) ‘consumer’ means any natural person who is acting for purposes which are outside ~~that person'~~his trade, business, craft, or profession;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point h

(h) ‘goods’ means any tangible movable items~~; it excludes: (i) electricity and natural~~, with the exception of items sold by way of execution or otherwise by authority of law; water, gas; and ~~(ii) water and other types of gas unless~~electricity shall be considered as goods where they are put up for sale in a limited volume or a set quantity;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point j – introductory part

(j) ‘digital content’ means data which are produced and supplied in digital form, whether or not according to the buyer's specifications, irrespective of whether the data are accessed through downloading or streaming, from a tangible medium or through any other means, against payment or for non-pecuniary consideration, such as making the consumer's personal data available, including video, audio, picture or written digital content, digital games, software and digital content which makes it possible to personalise existing hardware or software; it excludes:

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point j – point iv

~~(iv) electronic communications services and networks, and associated facilities and services;~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point k

(k) ‘sales contract’ means any contract under which the trader (‘the seller’) transfers or undertakes to transfer the ownership of the goods to another person (‘the buyer’), and the buyer pays or undertakes to pay the price thereof; it includes a contract for the supply of goods to be manufactured or produced and excludes contracts for sale on execution or otherwise involving the exercise of public authority;deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point m – introductory part

(m) ‘related service’ means any service related to goods or digital content, such as installation, maintenance, repair or any other processing, provided by the seller of the goods or the supplier of the digital content under the sales contract, the contract for the supply of digital content or a separate related service contract which was concluded at the same time as or in connection with the sales contract or the contract for the supply of digital content; it excludes:

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point m – point ii

~~(ii) training services,~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point n

(n) ‘service provider’ means a ~~seller of goods or supplier of digital content who undertakes to provide a customer with a service related to those goods or that digital content~~trader who undertakes to provide a related service;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point o

~~(o) ‘customer’ means any person who purchases a related service;~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point p

(p) ‘distance contract’ means any contract between the trader and the consumer under an organised distance sales scheme concluded without the simultaneous physical presence of the trader or, in case the trader is a legal person, a natural person representing the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point q

(q) ‘off-premises contract’ means any contract between a trader and a consumer: (i) concluded in the simultaneous physical presence of the trader or, where the trader is a legal person, the natural person representing the trader and the consumer in a place which is not the trader's business premises, or concluded on the basis of an offer made by the consumer in the same circumstances; or (ii) concluded on the trader's business premises or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the trader's business premises in the simultaneous physical presence of the trader or, where the trader is a legal person, a natural person representing the trader and the consumer; or (iii) concluded during an excursion organised by the trader or, where the trader is a legal person, the natural person representing the trader with the aim or effect of promoting and selling goods or supplying digital content or related services to the consumer;deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point r

(r) ‘business premises’ means: (i) any immovable retail premises where a trader carries out activity on a permanent basis, or (ii) any movable retail premises where a trader carries out activity on a usual basis;deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point s

(s) ‘commercial guarantee’ means any undertaking by the trader or a producer (the guarantor) to the consumer, in addition to his legal obligation~~s under Article 106 in case of lack~~ relating to the guarantee of conformity, to reimburse the price paid or to replace or, repair, or service goods or digital contents in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point s a (new)

(sa) 'repair' means remedying a lack of conformity of goods or digital contents;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point s b (new)

(sb) 'producer' means any natural or legal person who manufactures or orders the manufacture of goods or digital contents, any importer of goods or digital contents into the territory of the European Union, or any other person purporting to be a producer by placing his name, trade mark or other distinctive sign on the goods or digital contents;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point t

(t) ‘durable medium’ means any ~~medium~~instrument which enables ~~a party~~the consumer or the trader to store information addressed ~~personally to that party~~to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point v

~~(v) ‘mandatory rule’ means any provision the application of which the parties cannot exclude, or derogate from or the effect of which they cannot vary;~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point w

~~(w) ‘creditor’ means a person who has a right to performance of an obligation, whether monetary or non-monetary, by another person, the debtor;~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point x

~~(x) ‘debtor’ means a person who has an obligation, whether monetary or non- monetary, to another person, the creditor;~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 2 – point y a (new)

(ya) 'free of charge' means free of the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour and materials.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 3

The parties may agree that the Common European Sales Law governs their cross- border contracts for the sale of goods, for the supply of digital content and for the provision of related services within the territorial, material and personal scope as set out in Articles 4 to 7.Article 3 deleted Optional nature of the Common European Sales Law

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 4

1. The Common European Sales Law may be used for cross-border contracts. 2. For the purposes of this Regulation, a contract between traders is a cross-border contract if the parties have their habitual residence in different countries of which at least one is a Member State. 3. For the purposes of this Regulation, a contract between a trader and a consumer is a cross-border contract if: (a) either the address indicated by the consumer, the delivery address for goods or the billing address are located in a country other than the country of the trader's habitual residence; and (b) at least one of these countries is a Member State. 4. For the purposes of this Regulation, the habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of central administration. The habitual residence of a trader who is a natural person shall be that person's principal place of business. 5. Where the contract is concluded in the course of the operations of a branch, agency or any other establishment of a trader, the place where the branch, agency or any other establishment is located shall be treated as the place of the trader's habitual residence. 6. For the purpose of determining whether a contract is a cross-border contract the relevant point in time is the time of the agreement on the use of the Common European Sales Law.Article 4 deleted Cross-border contracts

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 5

The Common European Sales Law may be used for: (a) sales contracts; (b) contracts for the supply of digital content whether or not supplied on a tangible medium which can be stored, processed or accessed, and re-used by the user, irrespective of whether the digital content is supplied in exchange for the payment of a price. (c) related service contracts, irrespective of whether a separate price was agreed for the related service.Article 5 deleted Contracts for which the Common European Sales Law can be used

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 6

Exclusion of mixed-purpose contracts and contracts linked to a consumer credit 1. The Common European Sales Law may not be used for mixed-purpose contracts including any elements other than the sale of goods, the supply of digital content and the provision of related services within the meaning of Article 5. 2. The Common European Sales Law may not be used for contracts between a trader and a consumer where the trader grants or promises to grant to the consumer credit in the form of a deferred payment, loan or other similar financial accommodation. The Common European Sales Law may be used for contracts between a trader and a consumer where goods, digital content or related services of the same kind are supplied on a continuing basis and the consumer pays for such goods, digital content or related services for the duration of the supply by means of instalments.Article 6 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 7

1. The Common European Sales Law may be used only if the seller of goods or the supplier of digital content is a trader. Where all the parties to a contract are traders, the Common European Sales Law may be used if at least one of those parties is a small or medium-sized enterprise (‘SME’). 2. For the purposes of this Regulation, an SME is a trader which (a) employs fewer than 250 persons; and (b) has an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million, or, for an SME which has its habitual residence in a Member State whose currency is not the euro or in a third country, the equivalent amounts in the currency of that Member State or third country.Article 7 deleted Parties to the contract

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 8

Agreement on the use of the Common 1. The use of the Common European Sales Law requires an agreement of the parties to that effect. The existence of such an agreement and its validity shall be determined on the basis of paragraphs 2 and 3 of this Article and Article 9, as well as the relevant provisions in the Common European Sales Law. 2. In relations between a trader and a consumer the agreement on the use of the Common European Sales Law shall be valid only if the consumer's consent is given by an explicit statement which is separate from the statement indicating the agreement to conclude a contract. The trader shall provide the consumer with a confirmation of that agreement on a durable medium. 3. In relations between a trader and a consumer the Common European Sales Law may not be chosen partially, but only in its entirety.rticle 8 deleted European Sales Law

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 9

Standard Information Notice in contracts between a trader and a consumer 1. In addition to the pre-contractual information duties laid down in the Common European Sales Law, in relations between a trader and a consumer the trader shall draw the consumer's attention to the intended application of the Common European Sales Law before the agreement by providing the consumer with the information notice in Annex II in a prominent manner. Where the agreement to use the Common European Sales Law is concluded by telephone or by any other means that do not make it possible to provide the consumer with the information notice, or where the trader has failed to provide the information notice, the consumer shall not be bound by the agreement until the consumer has received the confirmation referred to in Article 8(2) accompanied by the information notice and has expressly consented subsequently to the use of the Common European Sales Law. 2. The information notice referred to in paragraph 1 shall, if given in electronic form, contain a hyperlink or, in all other circumstances, include the indication of a website through which the text of the Common European Sales Law can be obtained free of charge.Article 9 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 10

Member States shall lay down penalties for breaches by traders in relations with consumers of the requirements set out in Articles 8 and 9 and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to the Commission no later than [1 year after the date of application of this Regulation] and shall notify any subsequent changes as soon as possible.Article 10 deleted Penalties for breach of specific requirements

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 11

Consequences of the use of the Common Where the parties have validly agreed to use the Common European Sales Law for a contract, only the Common European Sales Law shall govern the matters addressed in its rules. Provided that the contract was actually concluded, the Common European Sales Law shall also govern the compliance with and remedies for failure to comply with the pre- contractual information duties.Article 11 deleted European Sales Law

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 12

Information requirements resulting from the Services Directive This Regulation is without prejudice to the information requirements laid down by national laws which transpose the provisions of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and which complement the information requirements laid down in the Common European Sales Law.Article 12 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 13

A Member State may decide to make the Common European Sales Law available for: (a) contracts where the habitual residence of the traders or, in the case of a contract between a trader and a consumer, the habitual residence of the trader, the address indicated by the consumer, the delivery address for goods and the billing address, are located in that Member State; and/or (b) contracts where all the parties are traders but none of them is an SME within the meaning of Article 7(2).rticle 13 deleted Member States' options

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 14 – title

Communication of judgments applying this Regulation Directive

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 14 – paragraph 1

1. Member States shall ensure that final judgments of their courts applying the rules of this ~~Regulation~~Directive are communicated without undue delay to the Commission.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 15

1. By … [4 years after the date of application of this Regulation], Member States shall provide the Commission with information relating to the application of this Regulation, in particular on the level of acceptance of the Common European Sales Law, the extent to which its provisions have given rise to litigation and on the state of play concerning differences in the level of consumer protection between the Common European Sales Law and national law. That information shall include a comprehensive overview of the case law of the national courts interpreting the provisions of the Common European Sales Law. 2. By … [5 years after the date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the Economic and Social Committee a detailed report reviewing the operation of this Regulation, and taking account of, amongst others, the need to extend the scope in relation to business-to-business contracts, market and technological developments in respect of digital content and future developments of the Union acquis.Article 15 deleted Review

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 16 – paragraph 1

1. This ~~Regulation~~Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1

~~It shall apply from [ 6 months after its the entry into force].~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2

~~This Regulation shall be binding in its entirety and directly applicable in the Member States.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Article 16 a (new)

Article 16a Addressees This Directive is addressed to the Member States.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Title

~~COMMON EUROPEAN SALES LAW~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Table of contents

Table of contents deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Part I

Part I deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Part II

Part II deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Part III

Part III deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 9

Chapter 9 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 10 – title

~~Chapter 10: The seller's obligations~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 91

The seller of goods or the supplier of digital content (in this part referred to as ‘the seller’) must: (a) deliver the goods or supply the digital content; (b) transfer the ownership of the goods, including the tangible medium on which the digital content is supplied; (c) ensure that the goods or the digital content are in conformity with the contract; (d) ensure that the buyer has the right to use the digital content in accordance with the contract; and (e) deliver such documents representing or relating to the goods or documents relating to the digital content as may be required by the contract.Article 91 deleted General provisions Main obligations of the seller

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 92

1. A seller may entrust performance to another person, unless personal performance by the seller is required by the contract terms. 2. A seller who entrusts performance to another person remains responsible for performance. 3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph (2) or derogate from or vary its effects.Article 92 deleted Performance by a third party

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 93

1. Where the place of delivery cannot be otherwise determined, it is: (a) in the case of a consumer sales contract or a contract for the supply of digital content which is a distance or off- premises contract, or in which the seller has undertaken to arrange carriage to the buyer, the consumer's place of residence at the time of the conclusion of the contract; (b) in any other case, (i) where the contract of sale involves carriage of the goods by a carrier or series of carriers, the nearest collection point of the first carrier ; (ii) where the contract does not involve carriage, the seller's place of business at the time of conclusion of the contract. 2. If the seller has more than one place of business, the place of business for the purposes of point (b) of paragraph 1 is that which has the closest relationship to the obligation toArticle 93 deleted Place of deliver.y

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 94

1. Unless agreed otherwise, the seller fulfils the obligation to deliver: (a) in the case of a consumer sales contract or a contract for the supply of digital content which is a distance or off- premises contract or in which the seller has undertaken to arrange carriage to the buyer, by transferring the physical possession or control of the goods or the digital content to the consumer; (b) in other cases in which the contract involves carriage of the goods by a carrier, by handing over the goods to the first carrier for transmission to the buyer and by handing over to the buyer any document necessary to enable the buyer to take over the goods from the carrier holding the goods; or (c) in cases that do not fall within points (a) or (b), by making the goods or the digital content, or where it is agreed that the seller need only deliver documents representing the goods, the documents, available to the buyer. 2. In points (a) and (c) of paragraph 1, any reference to the consumer or the buyer includes a third party, not being the carrier, indicated by the consumer or the buyer in accordance with the contract.Article 94 deleted Method of delivery

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 95

1. Where the time of delivery cannot be otherwise determined, the goods or the digital content must be delivered without undue delay after the conclusion of the contract. 2. In contracts between a trader and a consumer, unless agreed otherwise by the parties, the trader must deliver the goods or the digital content not later than 30 days from the conclusion of the contract.Article 95 deleted Time of delivery

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 96

Seller's obligations regarding carriage of 1. Where the contract requires the seller to arrange for carriage of the goods, the seller must conclude such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation. 2. Where the seller, in accordance with the contract, hands over the goods to a carrier and if the goods are not clearly identified as the goods to be supplied under the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods. 3. Where the contract does not require the seller to effect insurance in respect of the carriage of the goods, the seller must, at the buyer's request, provide the buyer with all available information necessary to enable the buyer to effect such insurance.Article 96 deleted the goods

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 97

Goods or digital content not accepted by 1. A seller who is left in possession of the goods or the digital content because the buyer, when bound to do so, has failed to take delivery must take reasonable steps to protect and preserve them. 2. The seller is discharged from the obligation to deliver if the seller: (a) deposits the goods or the digital content on reasonable terms with a third party to be held to the order of the buyer, and notifies the buyer of this; or (b) sells the goods or the digital content on reasonable terms after notice to the buyer, and pays the net proceeds to the buyer. 3. The seller is entitled to be reimbursed or to retain out of the proceeds of sale any costs reasonably incurred.Article 97 deleted the buyer

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 98

~~The effect of delivery on the passing of risk is regulated by Chapter 14.~~Article 98 deleted Effect on passing of risk

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 10 – section 3 – title

Conformity ofwith the ~~goods and digital content~~contract and consumer's remedies

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 99 – paragraph 1 – introductory part

1. The seller is obliged to deliver the goods or digital content in conformity with the contract. In order to conform with the contract, the goods or digital content must:

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 99 – paragraph 2

2. In order to conform with the contract the goods or digital content must also meet the requirements of Articles ~~100, 101 and 102, save to the extent that the parties have agreed otherwise~~[...] (Criteria for conformity of the goods and digital content; incorrect installation under a consumer sales contract).

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 99 – paragraph 3

3. ~~In a consumer sales contract, a~~Any agreement derogating from the requirements of Articles ~~100, 102 and 103~~[...] (Criteria for conformity of the goods and digital content; incorrect installation under a consumer sales contract) to the detriment of the consumer is valid only if, at the time of the conclusion of the contract, the consumer knew of the specific condition of the goods or the digital content and explicitly accepted the goods or the digital content as being in conformity with the contract when concluding it.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 99 – paragraph 4

~~4. In a consumer sales contract, the parties may not, to the detriment of the consumer, exclude the application of paragraph 3 or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 100 – point f

(f) possess the qualities and performance capabilities indicated in any pre- contractual statement ~~which forms part of the contract terms by virtue of Article 69~~; and

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 100 – point g

(g) possess such qualities and performance capabilities as the ~~buy~~consumer may expect, including durability, appearance and absence of minor faults. When determining what the consumer may expect of the digital content regard is to be had to whether or not the digital content was supplied in exchange for the payment of a price.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 101 – paragraph 2

~~2. The parties may not, to the detriment of the consumer, exclude the application of this Article or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 102

Third party rights or claims 1. The goods must be free from and the digital content must be cleared of any right or not obviously unfounded claim of a third party. 2. As regards rights or claims based on intellectual property, subject to paragraphs 3 and 4, the goods must be free from and the digital content must be cleared of any right or not obviously unfounded claim of a third party: (a) under the law of the state where the goods or digital content will be used according to the contract or, in the absence of such an agreement, under the law of the state of the buyer's place of business or in contracts between a trader and a consumer the consumer's place of residence indicated by the consumer at the time of the conclusion of the contract; and (b) which the seller knew of or could be expected to have known of at the time of the conclusion of the contract. 3. In contracts between businesses, paragraph 2 does not apply where the buyer knew or could be expected to have known of the rights or claims based on intellectual property at the time of the conclusion of the contract. 4. In contracts between a trader and a consumer, paragraph 2 does not apply where the consumer knew of the rights or claims based on intellectual property at the time of the conclusion of the contract. 5. In contracts between a trader and a consumer, the parties may not, to the detriment of the consumer, exclude the application of this Article or derogate from or vary its effects.Article 102 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 103

Limitation on conformity of digital Digital content is not considered as not conforming to the contract for the sole reason that updated digital content has become available after the conclusion of the contract.Article 103 deleted content

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 104

Buyer‘s knowledge of lack of conformity in a contract between traders In a contract between traders, the seller is not liable for any lack of conformity of the goods if, at the time of the conclusion of the contract, the buyer knew or could not have been unaware of the lack of conformity.Article 104 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 105 – paragraph 1

1. The seller is liable for any lack of conformity which exists at the time when the risk passes to the ~~buyer under Chapter 14~~consumer.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 105 – paragraph 2

2. In a consumer sales contract or a contract for the supply of digital content, any lack of conformity which becomes apparent within ~~six months~~one year of the time when risk passes to the ~~buy~~consumer is presumed to have existed at that time unless this is incompatible with the nature of the goods or digital content or with the nature of the lack of conformity.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 105 – paragraph 4

4. Where the digital content must be subsequently updated by the trader, or where he supplies its components separately, the trader must ensure that the digital content remains in conformity with the contract throughout the duration of the contract.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 105 – paragraph 5

~~5. In a contract between a trader and a consumer, the parties may not, to the detriment of a consumer, exclude the application of this Article or derogate from or vary its effect.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – title

The buyer's remedies Remedies

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – introductory part

1. In the case of non-performance of anthe obligation to conform to the contract by the seller, the ~~buy~~consumer may do any of the following:

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point a

(a) require performance, which includes specific performance, repair or replacement of the goods or digital content~~, under Section 3 of this Chapter~~;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point b

(b) withhold the buyer's own performance ~~under Section 4 of this Chapter~~;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point c

(c) terminate the contract under ~~Section 5 of this Chapter~~ Article [...] (Termination for non-performance)and claim the return of any price already paid~~, under Chapter 17~~;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point d

(d) reduce the price ~~under Section 6 of this Chapter~~; and

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 1 – point e

(e) claim damages ~~under Chapter 16~~.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 2

2. Ifn the ~~buyer is a trader: (a) the buyer's rights to exercise any remedy except withholding of performanc~~case of digital content made available afre subject to cure by the seller as set out in Section 2 of this Chapter; and (b) the buyer's rights to rely on lack of conformity are subject to the requirements of examination and notification set out in Section 7 of this Chaptere of charge, the consumer may make use of the remedies referred to in points a, b, c and e of paragraph 1.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 3

3. ~~If the buyer is a consumer: (a) the buyer's rights are not subject to cure by the seller; and (b) the requirements of examination and notification set out in Section 7 of this Chapter do not apply~~Remedies which are not incompatible may be cumulated.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 4

4. ~~If the seller's non-performance is excused, the buyer may~~The right to resort to ~~any of~~ these remedies ~~referred to in paragraph 1 except requiring performance and damages.~~passes to a subsequent purchaser of the goods or digital content where that purchaser is a consumer

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 5

~~5. The buyer may not resort to any of the remedies referred to in paragraph 1 to the extent that the buyer caused the seller's non-performance.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 106 – paragraph 6

~~6. Remedies which are not incompatible may be cumula~~deleted.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 107

Limitation of remedies for digital content not supplied in exchange for a price Where digital content is not supplied in exchange for the payment of a price, the buyer may not resort to the remedies referred to in points (a) to (d) of Article 106(1) . The buyer may only claim damages under point (e) of Article 106 (1) for loss or damage caused to the buyer's property, including hardware, software and data, by the lack of conformity of the supplied digital content, except for any gain of which the buyer has been deprived by that damage.Article 107 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 108

In a contract between a trader and a consumer, the parties may not, to the detriment of the consumer, exclude the application of this Chapter, or derogate from or vary its effect before the lack of conformity is brought to the trader's attention by the consumer.Article 108 deleted Mandatory nature

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 11 – section 2 – title

Section 2: Cure by the seller Section 2: Cure by the service provider

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 109 – paragraph 1

1. A sellrvice provider who has tendered performance early and who has been notified that the performance is not in conformity with the contract may make a new and conforming tender if that can be done within the time allowed for performance.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 109 – paragraph 2

2. In cases not covered by paragraph 1 a sellrvice provider who has tendered a performance which is not in conformity with the contract may, without undue delay on being notified of the lack of conformity, offer to cure it at its own expense.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 109 – paragraph 3

~~3. An offer to cure is not precluded by notice of termination.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 109 – paragraph 4 – introductory part

4. The ~~buy~~consumer may refuse an offer to cure only if:

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 109 – paragraph 4 – point a

(a) cure cannot be effected promptly and without significant inconvenience to the ~~buy~~consumer;

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 109 – paragraph 4 – point b

(b) the ~~buy~~consumer has reason to believe that the sellrvice provider's future performance cannot be relied on; or

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 109 – paragraph 5

5. The se~~ller has a reasonable period of time~~rvice provider has 30 days to effect cure.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 109 – paragraph 6

6. The buyer may withhold performance pending cure, but the rights of the buyer which are inconsistent with allowing the seller a period of time to effect cure are suspended until that period has expired.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 109 – paragraph 7

7. Notwithstanding cure, the ~~buy~~consumer retains the right to claim damages for delay as well as for any harm caused or not prevented by the cure.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 111 – paragraph 1 – introductory part

1. ~~Where, in a consumer sales~~If the good or the digital content is not in conformity with the contract, the ~~trader is~~consumer may require~~d to~~ remedy ~~a lack of conformity pursuant to Article 110(2) the consumer ma~~free of charge by chooseing between repair and replacement unless the option chosen would be unlawful or impossible or, compared to the other option available, would impose costs on the seller that would be disproportionate taking into account:

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 111 – paragraph 2

2. If the consumer has required the remedying of the lack of conformity by repair or replacement pursuant to paragraph 1, the consumer may resort to other remedies only if: a) the trader has not completed repair or replacement within a reasonable time, not exceeding 30 days~~. However, the consumer may withhold performance during that time~~; b) the trader has implicitly or explicitly refused to remedy the lack of conformity; c) the same fault has occurred again following repair or replacement.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 112

1. Where the seller has remedied the lack of conformity by replacement, the seller has a right and an obligation to take back the replaced item at the seller's expense. 2. The buyer is not liable to pay for any use made of the replaced item in the period prior to the replacement.Article 112 deleted Return of replaced item

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 113

1. A buyer who is to perform at the same time as, or after, the seller performs has a right to withhold performance until the seller has tendered performance or has performed. 2. A buyer who is to perform before the seller performs and who reasonably believes that there will be non- performance by the seller when the seller's performance becomes due may withhold performance for as long as the reasonable belief continues. 3. The performance which may be withheld under this Article is the whole or part of the performance to the extent justified by the non-performance. Where the seller's obligations are to be performed in separate parts or are otherwise divisible, the buyer may withhold performance only in relation to that part which has not been performed, unless the seller's non-performance is such as to justify withholding the buyer's performance as a whole.Article 113 deleted Right to withhold performance

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 114 – paragraph 1

1. ~~A buyer may terminate the contract within the meaning of Article 8 if the seller'~~In the case of a consumer sales contract and a contract for the supply of digital content between a trader and a consumer, where there is non- performance ~~under the contract is fundamental within the meaning of Article 87(2)~~because the goods or the digital content do not conform to the contract the consumer may terminate the contract unless the lack of conformity is insignificant.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 114 – paragraph 2

2. I~~n a consumer sales contract and~~f the customer terminates a contract for the supply of digital content ~~between a trader and a consumer, where there is a non-performance because~~which was not concluded in exchange for monetary consideration on the goorounds dof not nconform toity, the c~~ontract, the consumer may terminate the contract unless the lack of conformity is insignificant~~ustomer's personal data shall automatically be erased and the customer shall be informed of that erasure.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 115

Termination for delay in delivery after notice fixing additional time for 1. A buyer may terminate the contract in a case of delay in delivery which is not in itself fundamental if the buyer gives notice fixing an additional period of time of reasonable length for performance and the seller does not perform within that period. 2. The additional period referred to in paragraph 1 is taken to be of reasonable length if the seller does not object to it without undue delay. 3. Where the notice provides for automatic termination if the seller does not perform within the period fixed by the notice, termination takes effect after that period without further notice.Article 115 deleted performance

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 116

Termination for anticipated non- A buyer may terminate the contract before performance is due if the seller has declared, or it is otherwise clear, that there will be a non-performance, and if the non-performance would be such as to justify termination.Article 116 deleted performance

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 117

1. Where the seller's obligations under the contract are to be performed in separate parts or are otherwise divisible, then if there is a ground for termination under this Section of a part to which a part of the price can be apportioned, the buyer may terminate only in relation to that part. 2. Paragraph 1 does not apply if the buyer cannot be expected to accept performance of the other parts or the non-performance is such as to justify termination of the contract as a whole. 3. Where the seller's obligations under the contract are not divisible or a part of the price cannot be apportioned, the buyer may terminate only if the non- performance is such as to justify termination of the contract as a whole.Article 117 deleted Scope of right to terminate

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 118

A ~~right to terminate under this Section is exercised by notice to the seller.~~rticle 118 deleted Notice of termination

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 119

1. The buyer loses the right to terminate under this Section if notice of termination is not given within a reasonable time from when the right arose or the buyer became, or could be expected to have become, aware of the non-performance, whichever is later. 2. Paragraph 1 does not apply: (a) where the buyer is a consumer; or (b) where no performance at all has been tendered.Article 119 deleted Loss of right to terminate

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 120

1. A buyer who accepts a performance not conforming to the contract may reduce the price. The reduction is to be proportionate to the decrease in the value of what was received in performance at the time performance was made compared to the value of what would have been received by a conforming performance. 2. A buyer who is entitled to reduce the price under paragraph 1 and who has already paid a sum exceeding the reduced price may recover the excess from the seller. 3. A buyer whArticle 120 deleted Right to reduce~~s the~~ price ~~cannot also recover damages for the loss thereby compensated but remains entitled to damages for any further loss suffered.~~

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 121

Examination of the goods in contracts 1. In a contract between traders the buyer is expected to examine the goods, or cause them to be examined, within as short a period as is reasonable not exceeding 14 days from the date of delivery of the goods, supply of digital content or provision of related services. 2. If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination. 3. If the goods are redirected in transit, or redispatched by the buyer before the buyer has had a reasonable opportunity to examine them, and at the time of the conclusion of the contract the seller knew or could be expected to have known of the possibility of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new destination.Article 121 deleted between traders

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 122

Requirement of notification of lack of conformity in sales contracts between 1. In a contract between traders the buyer may not rely on a lack of conformity if the buyer does not give notice to the seller within a reasonable time specifying the nature of the lack of conformity. The time starts to run when the goods are supplied or when the buyer discovers or could be expected to discover the lack of conformity, whichever is later. 2. The buyer loses the right to rely on a lack of conformity if the buyer does not give the seller notice of the lack of conformity within two years from the time at which the goods were actually handed over to the buyer in accordance with the contract. 3. Where the parties have agreed that the goods must remain fit for a particular purpose or for their ordinary purpose during a fixed period of time, the period for giving notice under paragraph 2 does not expire before the end of the agreed period. 4. Paragraph 2 does not apply in respect of the third party claims or rights referred to in Article 102. 5. The buyer does not have to notify the seller that not all the goods have been delivered if the buyer has reason to believe that the remaining goods will be delivered. 6. The seller is not entitled to rely on this Article if the lack of conformity relates to facts of which the seller knew or could be expected to have known and which the seller did not disclose to the buyer.Article 122 deleted traders

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex 1 – Chapter 12

Chapter 12 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 13

Chapter 13 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 140

Loss of, or damage to, the goods or the digital content after the risk has passed to the buyer does not discharge the buyer from the obligation to pay the price, unless the loss or damage is due to an act or omiArticle 140 deleted Effect of passiong of ~~the seller.~~risk

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 141

Identification of goods or digital content The risk does not pass to the buyer until the goods or the digital content are clearly identified as the goods or digital content to be supplied under the contract, whether by the initial agreement, by notice given to the buyer or otherwise.Article 141 deleted to contract

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 141 a (new)

Article 141a Time limits 1. Pursuant to Article [...] (conformity) the trader shall be liable if the non- conformity comes to light within six years following delivery of the good. 2. If the trader remedies the fault by means of repair or replacement, the time limit referred to in paragraph shall be suspended from the time when the consumer informs the trader of the non- conformity to the time when the consumer is once again in possession of the replaced or repaired good or the digital content. 3. If the trader remedies the fault by means of repair or replacement, the time limit referred to in paragraph 1 shall start to run again as soon as the consumer is in receipt of the replaced or repaired good or the digital content. In the event of repair the time limit shall start to run again.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 142 – paragraph 1

1. In a consumer sales contract, the risk passes at the time when the consumer or a third party designated by the consumer, not being the carrier, has acquired the physical possession of the goods or the tangible medium on which the digital content is supplied.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 142 – paragraph 3

3. Except where the contract is a distance or off-premises contract, paragraphs 1 and 2 do not apply where the consumer fails to perform the obligation to take over the goods or the digital content and the non-performance is not excused under Article 88. In this case, the risk passes at the time when the consumer, or the third party designated by the consumer, would have acquired the physical possession of the goods or obtained the control of the digital content if the obligation to take them over had been performed.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 142 – paragraph 4

4. Where the consumer arranges the carriage of the goods or the digital content supplied on a tangible medium and that choice was not offered by the trader, the risk passes when the goods or the digital content supplied on a tangible medium are handed over to the carrier, without prejudice to the rights of the consumer against the carrier.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 142 – paragraph 5

~~5. The parties may not, to the detriment of the consumer, exclude the application of this Article or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 142 a (new)

Article 142a Commercial guarantees 1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement, or if the guarantee statement is less advantageous than advertised, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee. 2. The guarantee statement shall be drafted in plain, intelligible language and be legible. It shall be drafted in the language of the contract concluded with the consumer. The guarantee must: a) indicate the legal rights of the consumer pursuant to Article [...] (Remedies of the consumer), and a clear statement that those rights are not affected by the commercial guarantee, (b) set the contents of the commercial guarantee and the conditions for making claims, notably the duration, territorial scope and the name and address of the guarantor, (c) the benefits to the customer of making a claim, whether the guarantee is free of charge or not, and if it is not what the costs for the customer are; d) the information that the commercial guarantee can be transferred to a subsequent buyer. e) a statement that maintenance services and spare parts will continue to be made available for six years following the conclusion of the contract. 3. The trader shall make the guarantee statement available in a durable medium. 4. Non compliance with paragraph 2 or 3 shall not affect the validity of the guarantee.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 143

1. In a contract between traders the risk passes when the buyer takes delivery of the goods or digital content or the documents representing the goods. 2. Paragraph 1 is subject to Articles 144, 145 and 146.Article 143 deleted Time when risk passes

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 144

Goods placed at buyer's disposal 1. If the goods or the digital content are placed at the buyer's disposal and the buyer is aware of this, the risk passes to the buyer at the time when the goods or digital content should have been taken over, unless the buyer was entitled to withhold taking of delivery pursuant to Article 113. 2. If the goods or the digital content are placed at the buyer's disposal at a place other than a place of business of the seller, the risk passes when delivery is due and the buyer is aware of the fact that the goods or digital content are placed at the buyer's disposal at that place.Article 144 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 145

1. This Article applies to a contract of sale which involves carriage of goods. 2. If the seller is not bound to hand over the goods at a particular place, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer in accordance with the contract. 3. If the seller is bound to hand over the goods to a carrier at a particular place, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. 4. The fact that the seller is authorised to retain documents controlling the disposition of the goods does not affect the passing of the risk.Article 145 deleted Carriage of the goods

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 146

1. This Article applies to a contract of sale which involves goods sold in transit. 2. The risk passes to the buyer as from the time the goods were handed over to the first carrier. However, if the circumstances so indicate, the risk passes to the buyer when the contract is concluded. 3. If at the time of the conclusion of the contract the seller knew or could be expected to have known that the goods had been lost or damaged and did not disclose this to the buyer, the loss or damage is at the risk of the seller.Article 146 deleted Goods sold in transit

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 147

Application of certain general rules on 1. The rules in Chapter 9 apply for the purposes of this Part. 2. Where a sales contract or a contract for the supply of digital content is terminated any related service contract is also terminated.rticle 147 deleted sales contracts

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 148 – paragraph 4

4. Where in a contract between a trader and a consumer the related service includes installation of the goods, the installation must be such that the installed goods conform to the contract as required by Article ~~101~~[...] (faulty installation in the context of a customer sales contract).

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 148 – paragraph 5

~~5. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph 2 or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 149 – subparagraph 1 a (new)

This article shall be without prejudice to general or specific obligations to prevent damage applicable under existing national law.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 150 – paragraph 1 a (new)

1a. The service provider must obtain the express consent of the consumer before entrusting performance to another person pursuant to paragraph 1.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 150 – paragraph 3

~~3. In relations between a trader and a consumer the parties may not, to the detriment of the consumer, exclude the application of paragraph 2 or derogate from or vary its effects.~~deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 151

Where a separate price is payable for the related service, and the price is not a lump sum agreed at the time of conclusion of the contract, the service provider must provide the c~~usto~~onsumer with an invoice which explains, in a clear and intelligible way, how the price was calculated.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 152 – paragraph 1 – introductory part

1. The service provider must warn the c~~usto~~onsumer and seek the consent of the c~~ustomer to proceed~~onsumer to proceed if the latter does not make use of his right to terminate the contract pursuant to Article [...] (list of remedies of the customer) if:

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 152 – paragraph 1 – point a

(a) the cost of the related service would be greater than already indicated by the service provider to the c~~usto~~onsumer; or

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 152 – paragraph 2

2. A service provider who fails to obtain the consent of the c~~usto~~onsumer in accordance with paragraph 1 is not entitled to a price exceeding the cost already indicated or, as the case may be, the value of the goods or digital content after the related service has been provided.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 153

1. The customer must pay any price that is payable for the related service in accordance with the contract. 2. The price is payable when the related service is completed and the object of the related service is made available to the customer.Article 153 deleted Payment of the price

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 154

~~Where it is necessary for the service provider to obtain access to the customer's premises in order to perform the related service the customer must provide such access at reasonable hours.~~Article 154 deleted Provision of access

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 155 – title

Remedies of the c~~usto~~onsumer

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 155 – paragraph 1 – introductory part

1. In the case of ~~non-performance of an obligation~~failure by the service provider, t~~he customer has, with the adaptations set out in this Article, the same remedies as are provided for the buyer in Chapter 11, namely~~o perform an obligation in accordance with the contract, the consumer has the following remedies:

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 155 – paragraph 2

2. Without prejudice to paragraph 3, the c~~usto~~onsumer's remedies are subject to a right of the service provider to cure ~~whether or not the customer is a consum~~pursuant to Article [...] (cure by the seller).

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 155 – paragraph 3

3. In the case of incorrect installation ~~under a consumer sales contract as referred to in Article 101~~as referred to in Article [...] (faulty installation in the context of a customer sales contract), the consumer's remedies are not subject to a right of the service provider to cure.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 155 – paragraph 4

4. The ~~customer, if a~~ consumer, has the right to terminate the contract for any lack of conformity in the related service provided unless the lack of conformity is insignificant.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 155 – paragraph 5

5. Chapter 11 applies with the necessary adaptations, in particular: (a) in relation to the right of the service provider to cure, in contracts between a trader and a consumer, the reasonable period under Article 109 (5) must not exceed 30 days; (b) in relation to the remedying of a non- conforming performance Articles 111 and 112 do not apply; and (c) Article 156 applies instead of Article 122.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 155 – paragraph 5 a (new)

5a. Where a sales contract or a contract for the supply of digital content is terminated, any related service contract is also terminated.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 156

Requirement of notification of lack of conformity in related service contracts 1. In a related service contract between traders, the customer may rely on a lack of conformity only if the customer gives notice to the service provider within a reasonable time specifying the nature of the lack of conformity. The time starts to run when the related service is completed or when the customer discovers or could be expected to discover the lack of conformity, whichever is later. 2. The service provider is not entitled to rely on this Article if the lack of conformity relates to facts of which the service provider knew or could be expected to have known and which the service provider did not disclose to the customer.Article 156 deleted between traders

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 157

1. In the case of a non-performance by the customer, the service provider has, with the adaptations set out in paragraph 2, the same remedies as are provided for the seller in Chapter 13, namely: (a) to require performance; (b) to withhold the service provider's own performance; (c) to terminate the contract; and (d) to claim interest on the price or damages. 2. Chapter 13 applies with the necessary adaptations. In particular Article 158 applies instead of Article 132 (2).Article 157 deleted Remedies of the service provider

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 158 – title

C~~usto~~onsumer's right to decline performance

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 158 – paragraph 1

1. The c~~usto~~onsumer may at any time give notice to the service provider that performance, or further performance of the related service is no longer required.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 158 – paragraph 2

2. Where notice is given under paragraph 1: (a) the service provider no longer has the right or obligation to provide the related service; and (b) the customer, if there is no ground for termination under any other provision, remains liable to pay the price less the expenses that the service provider has saved or could be expected to have saved by not having to complete performance.deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 158 – paragraph 2 – point b

(b) the c~~usto~~onsumer, if there is no ground for termination under any other provision, remains liable to pay the price less the expenses that the service provider has saved or could be expected to have saved by not having to complete performance.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 158 a (new)

Article 158a Imperative nature of the Directive If the law applicable to the contract is the law of a Member State, consumers may not waive the rights conferred on them by the national measures transposing this Directive. Any contractual terms which directly or indirectly waive or restrict the rights resulting from this Directive shall not be binding on the consumer.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 158 b (new)

Article 158 b Enforcement 1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. 2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies, as determined by national law, may take action in accordance with national law before the courts or competent administrative bodies to ensure that the national provisions for the implementation of this Directive are applied: (a) public bodies or their representatives; (b) consumer organisations having a legitimate interest in protecting consumers; (c) professional organisations having a legitimate interest in acting.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 158 c (new)

Article 158c Penalties 1. Member States shall impose penalties for infringements of the national provisions adopted on the basis of this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 2. Member States shall notify those provisions to the Commission by [...] and shall notify it without delay of any subsequent amendment affecting them.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 158 d (new)

Article 158d Reporting by the Commission and review By [...], the Commission shall submit a report on the application of this Directive to the European Parliament and the Council. The report shall be accompanied, where necessary, by legislative proposals to adapt this Directive to developments in the field of consumer rights.

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Article 158 e (new)

Article 158e Implementation aspects 1. By [...] Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of these measures in the form of documents. For the purposes of the report referred to in Article [...] (Reporting by the Commission and review), the Commission shall make use of these documents. It shall apply these measures from [...]. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. The provisions of this Directive shall apply to consumer sales contracts concluded after [...].

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 16 – section 1

Chapter 16, section 1 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 16 – section 2

Chapter 16, section 2 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 16 – section 3

Chapter 16, section 3 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 17

Chapter 17 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Chapter 18

Chapter 18 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Appendix 1

Annex 1, Appendix 1 deleted

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex I – Appendix 2

(complete and return this form only if you wish to withdraw from the contract) – To [here the trader's name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]: – I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/for the supply of the following digital content/for the provision of the following related service* – Ordered on*/received on* – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) – Date * Delete as appropriate.Appendix 2 deleted Model withdrawal form

2013/05/03
Committee: JURI

2011/0284(COD)

Proposal for a regulation
Annex II

Annex II deleted

2013/05/03
Committee: JURI

2011/0135(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)

(fa) ensuring freedom of communication, the right to a fair trial and the other fundamental freedoms when implementing intellectual property rights;

2011/12/01
Committee: JURI

2011/0093(COD)

Proposal for a regulation
Recital 23 a (new)

(23a) In view of the current European Patent Convention and the importance of Article 53 thereof, which relates to exceptions to patentability, notably in the field of living things, a clause providing for the automatic inclusion of any future changes to EU law should be inserted into that Convention;

2011/10/27
Committee: JURI

2011/0093(COD)

Sylvie GUILLAUME, Françoise CASTEX

Proposal for a regulation
Article 8 – point k

(k) the acts allowed pursuant to Article ~~10 of Directive 98/44/EC of the European Parliament and of the Council~~2(2), Article 4(1)(b) and Article 10 of Directive 98/44/EC.

2011/10/27
Committee: JURI

2011/0011(COD)

Proposal for a regulation
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, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject with~~out undue delay~~in 24 hours.

2013/03/06
Committee: LIBE

2010/2311(INI)

Draft opinion
Paragraph 1 a (new)

1a. Regrets that the opportunity was missed to explain how certain EU counter- terrorism instruments such as data retention, PNR and the Swift Agreement fit into the EU counter- terrorism strategy;

2011/03/28
Committee: JURI

2010/2311(INI)

Draft opinion
Paragraph 2

2. Considers the decision to deepen and develop the four main strands of the counter-terrorism strategy – prevent, protect, pursue and respond – to be a good one; wonders at the same time whether different kinds of terrorism such as organised terrorism and "lone wolves" would not need specific approaches;

2011/03/28
Committee: JURI

2010/2311(INI)

Draft opinion
Paragraph 4

4. Is aware that all measures that lead to prosecution may at the same be preventive measures and is therefore concerned by the delay in implementing Framework Decision 2002/475/JHA and calls on the Commission to assess the implementation of Framework Decision 2008/919/JHA ~~whose final date for transposition was 9 December 2010; considers it crucial that the Member States transpose and implement effectively counter-terrorism legisl~~. Emphasises nevertheless that preventive measures, in particular those that aim to prevent radicalisation and recruitment, need to go beyond this and promote dialogue and social inclusion, rather than stigmatization, a~~dopted at Union level~~nd may seek cooperation with social and civil society projects both within EU Member States and abroad;

2011/03/28
Committee: JURI

2010/2311(INI)

Draft opinion
Paragraph 5

5. Considers that terrorism is a phenomenon that is constantly evolving and should be met by a counter-terrorism policy that can address this fact; welcomes in this respect the measures adopted recently in the field of aviation safety~~, both~~ on checking cargo ~~and on passenger screening systems~~. Calls on the Commission to ensure that the processing of passenger name records both within the EU and in third countries complies with EU data protection law and that the introduction of body scanners respects individual rights and do not cause any harm to health;

2011/03/28
Committee: JURI

2010/2311(INI)

Draft opinion
Paragraph 6

6. Recalls Parliament’s important role in preventing and combating terrorism and related activities, such as the financing of terrorism; ~~urges the Commission to introduce, as soon as possible,~~would welcome the introduction of administrative measures in respect of the freezing of assets to prevent and combat terrorism and related activities; urges the Commission to clarify the role of certain counter-terrorism instruments (data retention, PNR, EU-US TFTP Agreement);

2011/03/28
Committee: JURI

2010/2311(INI)

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to disclose where the cooperation with third countries does not comply with the acquis and why there is a need to go beyond;

2011/03/28
Committee: JURI

2010/2311(INI)

Draft opinion
Paragraph 7 a (new)

7a. Calls on the Commission, the High Representative of the Union for Foreign Affairs and Security Policy and the Council to quickly implement arrangements for the solidarity clause introduced by the Lisbon Treaty;

2011/03/28
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph -1

-1. Welcomes with interest the communication of the Commission on the Single Market Act and the global approach which it proposes in order to rebalance the single market between enterprises and citizens and to improve the democracy and the transparency of the decision process. Stresses that this approach supposes to guarantee the best balance between the proposals of the three parts of the communication;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 2

2. Calls on the Commission to ensure that ADR mechanisms should be available to both consumers and businesses when enforcing their rights, inter alia under a future ~~optional~~ instrument in European Contract Law;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 1 a (new)

1 a. Regrets that the communication on the Single Market act does not give more importance to local authorities which play an essential role in the single market at economic and social level; recalls that Protocol 26, annexed to the Treaty on the Functioning of the European Union guarantees “a wide discretional capacity to organize, manage and finance the services of general economic interest (SGEI)”; asks the Commission to take initiatives to guarantee the application of this protocol;

2011/01/28
Committee: EMPL

2010/2289(INI)

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Member States to finally accept correlation tables concerning the implementation of legislation in order to make legislation deficits more transparent;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 a (new)

6a. Takes the view that initiatives by single states cannot be effective without coordinated action at EU level, making it fundamental that the European Union speaks with a strong single voice and implements common actions. Solidarity, on which the European social economy model is based, and the coordination of national responses have been crucial to avoiding protectionist measures of short duration by single Member States; expresses its concern that the re- emergence of economic protectionism at national level would most probably result in fragmentation of the internal market and a reduction in competitiveness, and therefore needs to be avoided; is concerned that the current economic and financial crisis could be used to justify reviving protectionist measures in various Member States, whereas the downturn calls for common safeguard mechanisms instead;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 b (new)

6b. Takes the view that progress in the internal market should not be based on the lowest common denominator. Encourages the Commission, therefore, to take the lead and come forward with bold proposals; encourages the Member States to use the method of enhanced cooperation in areas where the process of reaching an agreement among 27 is not achievable; other countries would be free to join these spearhead initiatives at a later stage;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 c (new)

6c. Proposes that the Commission assume full responsibility for ensuring the steering and financing of projects in strategic fields: energy, transport, digital area, social and taxes harmonisation, social economy and Services of General Economic Interest (SGEI);

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 d (new)

6d. Stress that the balance of the proposals requires a sectorial approach of the orientations proposed: energy, transport, technological innovation, legal security for the enterprises and workers etc… and consultations organized in each of these sectors;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 e (new)

6e. Recalls that Article 14 of the TFEU calls on the European Parliament and the Council to set by means of a regulation the "principles and conditions for the SGEI to achieve its mission of public service”; therefore asks the Commission to take legal initiatives in this regard;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 f (new)

6f. Notes the willingness of the Commission to more effectively support social dialogue and to improve the transparency of decisions and the democracy; stresses the need to support this willingness with concrete initiatives; asks for the development of the European works councils and to support the creation of joint committees in industrial sectors which are competent on economic restructuration investments;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 g (new)

6g. Regrets that the communication on the Single Market act does not give more importance to local authorities which play an essential role in the single market at economic and social level. Recalls that Protocol 26 annexed to the TFEU guarantees a wide discretional capacity to organize, manage and finance the SGEI; asks the Commission to take initiatives to guarantee the application of this protocol;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 h (new)

6h. Believes that “the good governance” of the single market must respect and reinforce the role of the advisory institutions existing at European level, European Economic and Social Committee, Committee of the Regions, councils for sectorial dialogue and representatives of workers and consumers;

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 i (new)

6i. Takes the view that good governance should reduce legal uncertainty for all single market stakeholders; considers the rising number of Court of Justice rulings to be prejudicial to EU citizens’ trust in their representatives; regrets, in particular, the fact that key labour law issues are being settled by case law (see the Viking, Laval and Rüffert judgments);

2011/02/07
Committee: JURI

2010/2289(INI)

Draft opinion
Paragraph 6 a (new)

6 a. Believes that “the good governance” of the single market must respect and reinforce the role of the advisory institutions existing at the European level, European Economic and Social Committee, Committee of the Regions, councils for sectoral dialogue and representatives of workers and consumers;

2011/01/28
Committee: EMPL

2010/2278(INI)

Draft opinion
Paragraph 1 a (new)

1a. Considers it essential that the Single Market Act include an ambitious agenda for social and consumer protection in the form of the insertion of a social clause in all legislation related to the internal market, legislation on services of general economic interest, a legislative agenda to strengthen workers' rights, an ambitious legislative package for consumer protection that makes a difference to the daily lives of citizens and better tax coordination by means of harmonisation of the corporate tax base and VAT rates;

2011/02/07
Committee: JURI

2010/2278(INI)

Draft opinion
Paragraph 2 a (new)

2a. Points out the importance of the Services of general economic interest (SGEI) and the Social services of general economic interest (SSGI) for reconciling citizens and the local authorities with the single market and regrets the lack of clarity regarding the measures envisaged for Services of general interest (SGI); stresses further that local authorities are concerned about the legal insecurity in which their interventions in favour of the SGEI and SSGI for which they have the responsibility have to take place;

2011/02/07
Committee: JURI

2010/2278(INI)

Draft opinion
Paragraph 2 b (new)

2b. Welcomes proposal 29 and the willingness of the Commission to implement the Charter of the fundamental rights and the social clause (Art 9 of the TFEU); insists that these measures must be effective; asks that the social impact of any legislation should be analysed not only by the European Commission and that the opinions of the Parliament, other European institutions and social partners be requested;

2011/02/07
Committee: JURI

2010/2278(INI)

Draft opinion
Paragraph 1 f (new)

1 a. Points out the importance of the services of general economic interest (SGEI) and the social services of general interest (SSGI) for reconciling citizens and the local authorities with the single market and regrets the lack of clarity regarding the measures envisaged for services of general interest (SGI); stresses, further, that local authorities are concerned about the legal insecurity in which their interventions in favour of the SGEI and SSGI for which they have the responsibility have to take place;

2011/01/27
Committee: EMPL

2010/2278(INI)

Draft opinion
Paragraph 1 g (new)

1 b. Recalls that Article 14 of the Treaty on the Functioning of the European Union calls on the European Parliament and the Council to set by means of a regulation the principles and conditions for the services of general economic interest (SGEI) to achieve its mission of public service; therefore asks the Commission to take initiatives in this regard;

2011/01/27
Committee: EMPL

2010/2278(INI)

Draft opinion
Paragraph 4 c (new)

4 a. Welcomes proposal 29 and the willingness of the Commission to implement the Charter of the fundamental rights and the social clause (Article 9 of the Treaty on the Functioning of the European Unino); insists that these measures must be effective; asks that the social impact of any legislation should be analyzed not only by the Commission but that the opinions of the Parliament, other European institutions and social partners should also be requested;

2011/01/27
Committee: EMPL

2010/2278(INI)

Draft opinion
Paragraph 5 b (new)

5 a. Welcomes proposals 32 and 35 relating to the recognition of the qualifications and the validation of the experience gained; asks that this be integrated into the European qualifications Framework and to be taken into account in the collective agreements of sectors and/or enterprises according to procedures of each Member State;

2011/01/27
Committee: EMPL

2010/2278(INI)

Draft opinion
Paragraph 7 b (new)

7 a. Notes the willingness of the Commission to more effectively support social dialogue and to improve the transparency of decisions and the democracy; stresses the need to support this willingness with concrete initiatives; calls for the development of the European works councils and support for the creation of joint committees in industrial sectors which are equipped to deal with matters relating to economic restructuration investments;

2011/01/27
Committee: EMPL

2010/2277(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG

Draft opinion
Paragraph 1 a (new)

1a. Highlights the calls in the Mario Monti report and in the European Parliament's resolution of 20 May 2010 on delivering a single market to consumers and citizens (Louis Grech report), for a more holistic approach to the internal market, in terms of both strategy and perception, with a view to making it more effective and restoring public confidence; underlines the importance of the “Single Market Act” initiative of legislative and non-legislative proposals to strengthen and update the internal market, complete the Digital internal market and address and break down remaining barriers;

2011/02/07
Committee: JURI

2010/2277(INI)

Draft opinion
Paragraph 2

2. Agrees with the list of measures identified by the Commission to promote and protect creativity, and calls on the Commission not to delay any further the presentation of the proposals for legislative and non-legislative measures in this area, in particular the framework directive on collective management of copyright and orphan works; regrets however that reform on collective rights management remains unknown to a majority of artists and calls on European Commission to engage into further promotion of the reform; takes the view that the Commission revision of the EU trademark legislation should be included on that list;

2011/02/07
Committee: JURI

2010/2277(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG

Draft opinion
Paragraph 3 a (new)

3a. Points out that another reason for slow development of digital single market is due to the fact that distribution for copyright protected works remains uncompetitive, which constitutes an additional burden for new market entrants who wish to provide access to such works online;

2011/02/07
Committee: JURI

2010/2277(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG

Draft opinion
Paragraph 3 b (new)

3b. Shares the concerns expressed by European consumer organisations as to obstacles which consumers face while accessing legal online platforms offering copyright protected work; points out that a number of innovative services which successfully operate outside Europe have not decided to establish themselves in the EU; urges the European Commission to quickly address the aspect of "access to content online" its Communication "Digital Agenda for Europe";

2011/02/07
Committee: JURI

2010/2277(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG

Draft opinion
Paragraph 3 c (new)

3c. While acknowledging that IPR enforcement is an important aspect of development of digital single market, does not share the Commission's certitude, expressed in the report on the application of Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights as to the need of amending EU legal framework with respect to sanctions for non commercial file-sharing; points out that measures involving Internet intermediaries in filtering online content are doubtful from a practical point of view and raise concerns regarding the respect of privacy;

2011/02/07
Committee: JURI

2010/2277(INI)

Draft opinion
Paragraph 4 a (new)

4a. Calls for the simplification of SMEs accounting reporting obligations and administrative burdens, including the simplification of the heavy regular controls of overcompensation and specific accounting reports for SMEs entrusted with operations of local and social services of general economic interest with very low impact on community trades;

2011/02/07
Committee: JURI

2010/2277(INI)

Draft opinion
Paragraph 4 b (new)

4b. Recognises that within the European Union the construction of the internal market without some tax harmonisation, notably regarding corporate taxes and a definition of the components of social protection, have led to some extent to excessive competition between Member States seeking to attract taxpayers from other Member States; notes, nevertheless, that one of the great advantages of the internal market has been the removal of barriers to mobility and the harmonization of institutional regulations, fostering cultural understanding, integration, economic growth and European solidarity;

2011/02/07
Committee: JURI

2010/2277(INI)

Draft opinion
Paragraph 1 a (new)

1 a. Welcomes with interest the Communication of the Commission on the Single Market Act and the global approach which it proposes in order to rebalance the single market between enterprises and citizens and to improve the democracy and the transparency of the decision process; stresses that this approach is intended to guarantee the best balance between the proposals of the three parts of the Communication;

2011/01/27
Committee: EMPL

2010/2277(INI)

Draft opinion
Paragraph 5 b (new)

5b. Warns against the notion that the European economy can somehow develop and grow without free and fair trade with as many other countries in the world as possible, including our leading trade partner today, the US, and emerging economies like China, India and Brazil; considers that the European Union should also rely on its own strengths by making better use of its internal market, especially since the bulk of its growth is also linked to domestic demand;

2011/02/07
Committee: JURI

2010/2277(INI)

Draft opinion
Paragraph 5 c (new)

5c. Invites the Commission to show the added value of a legal framework for services concessions in terms of transparency, effective judicial protection for bidders, legal certainty and economic activity;

2011/02/07
Committee: JURI

2010/2277(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG

Draft opinion
Paragraph 1 b (new)

1 b. Stresses that the balance of the proposals requires a sectorial approach of the orientations proposed: energy, transport, technological innovation, legal security for the enterprises and workers etc. and consultations organized in each of these sectors;

2011/01/27
Committee: EMPL

2010/2277(INI)

Draft opinion
Paragraph 5 d (new)

5d. Points out that a renewed Single market should take into account the specific needs of people with disabilities and use their potential in contributing to the economic growth of the EU; calls European Commission to take further actions in order to facilitate their access to market both as employees and consumers.

2011/02/07
Committee: JURI

2010/2157(INI)

Kinga GÖNCZ, Françoise CASTEX

Draft opinion
Paragraph 1 a (new)

1a. Notes that the ageing of European society covers substantial regional inequalities; notes that, as national data on demographic changes mask differing local realities, it is sometimes hard to identify needs for infrastructure and financial transfers from central government; calls on the Commission to help improve the quality and reliability of data and statistics on demographic trends;

2011/02/11
Committee: EMPL

2010/2157(INI)

Draft opinion
Paragraph 2

2. Considers that indicators of demographic change, and most importantly the old-age dependency ratio, ~~should supplement GDP – currently the best available yardstick –~~among many other important indicators listed in the EMPL opinion on the 'GDP and beyond – measuring progress in a changing world (2010/2088(INI)' report, should supplement GDP as criteria for the allocation of funds under the future cohesion policy of the EU, in order to respond to these challenges of Europe more effectively;

2011/02/11
Committee: EMPL

2010/2157(INI)

Draft opinion
Paragraph 2 a (new)

2a. Notes that the impact of demographic change on individual regions is serious and requires different adjustment strategies depending on whether the region concerned is a region of migration or of shrinking population; notes that quality of life is defined differently in regions of shrinking population, which are mostly rural regions, from the way in which it is defined in regions with a growing population, and therefore considers that different support strategies are needed;

2011/02/11
Committee: EMPL

2010/2157(INI)

Draft opinion
Paragraph 2 a (new)

2a. Stresses that the European Social Fund should be considered as an essential resource to support training opportunities to increase employment, career- reorientation and social inclusion of women, young people and senior citizens; calls for using ESF's full potential in this matter

2011/02/11
Committee: EMPL

2010/2157(INI)

Draft opinion
Paragraph 4 a (new)

4a. Draws attention to the need for public spending on young children and large families, particularly for the provision of childcare facilities and for the protection of single mothers and one-parent families, who are at particular risk of social exclusion, isolation and poverty; stresses that those services are in the general interest and contribute to job creation and the development of the local and regional economy; calls on the Commission to showcase examples of the best practices of certain Member State regions;

2011/02/11
Committee: EMPL

2010/2157(INI)

Draft opinion
Paragraph 4 b (new)

4b. Recommends, therefore, combined public-private investment in the childcare sector and the pre-school education system;

2011/02/11
Committee: EMPL

2010/2157(INI)

Draft opinion
Paragraph 4 c (new)

4c. Stresses that adequate access to services for the care of children, the elderly, people with disabilities and other dependants are essential in order to enable full and equal participation of men and women in the labour market, which will have an impact on the level of informal care available;

2011/02/11
Committee: EMPL

2010/2157(INI)

Draft opinion
Paragraph 4 d (new)

4d. Stresses the importance of active intervention by public authorities, in particular through the provision of social services of general interest (SSGIs), to help families and young children and also to provide facilities and care for elderly people and all dependants; considers that access to these services is a fundamental right; calls on the Commission to guarantee the legal security of SSGIs in Community law guaranteeing universal access and the solidarity principle;

2011/02/11
Committee: EMPL

2010/2157(INI)

Draft opinion
Paragraph 4 e (new)

4e. Stresses that in declining regions, the voluntary sector and social networks make a significant contribution to meeting the needs of local people but cannot replace the essential role played by the public authorities in providing services of general interest in the regions; considers that this active citizenship must be recognised and the bodies involved supported as regional policy partners; stresses that this sets in motion learning processes that enable a region to meet the challenges of demographic change;

2011/02/11
Committee: EMPL

2010/2156(INI)

Draft opinion
Recital B

B. whereas the technological advances in information and communication technology in no way alter the fundamental need to protect intellectual property rights, but do call for ~~substantial changes in the legal framework protecting these rights so that~~a renewal of cultural industries so that creators take full advantage ~~can be taken~~ of the new possibilities offered, whilst guaranteeing a well-balanced system of rights protection which takes account of the interests of both creators and consumers,

2011/02/07
Committee: JURI

2010/2156(INI)

Draft opinion
Paragraph 1

1. Emphasises the need for effective enforcement of intellectual property rights in both the offline and online environments and stresses, in that connection, that existing measures, as well as any new measures proposed, should be carefully evaluated in order to ~~ensur~~guarantee their eff~~ectiveness and assess their implications for the~~iciency, proportionality and impact on fundamental rights of citizens;

2011/02/07
Committee: JURI

2010/2156(INI)

Draft opinion
Paragraph 2 a (new)

2 a. Stresses that the scale of unauthorised use of copyright protected material reported by the content industry strongly suggests that the current legal framework suffers from problems of legitimacy in the eyes of the consumer. It is therefore crucial that the roots of this problem be identified and eliminated, rather than exacerbated through repressive measures.

2011/02/07
Committee: JURI

2010/2156(INI)

Draft opinion
Paragraph 3

3. Emphasises that the issue of the fragmented nature of European copyright law has been well known for years and, in that connection, calls on the Commission to present, as soon as possible, concrete legislative proposals on how to tackle the issue of territoriality in order to dismantle existing obstacles to the development of the internal market, in particular in the online environment, while respecting consumers demand and cultural diversity;

2011/02/07
Committee: JURI

2010/2156(INI)

Draft opinion
Paragraph 5

5. Emphasises that a short-term measure to deal with certain obstacles created by territoriality should include a reassessment of the optional nature of the exceptions and limitations introduced by Directive 2001/29/EC and that a review of that directive, as required by its provisions, is now long overdue, particularly in order to ensure that innovative European companies are not disadvantaged compared counterparts in other jurisdictions, such as in the United States where companies that can benefit from a harmonized and system of “fair use” copyright exceptions which do not interfere with the normal exploitation of the work or other subject matter by the rightholder;

2011/02/07
Committee: JURI

2010/2027(INI)

Motion for a resolution
Recital B a (new)

Ba. whereas, according to the Commission’s estimates, demographic changes could profoundly change population structure and the age pyramid; whereas, for example, the number of young people aged 0 to 14 would drop from 100 million (1975 index) to 66 million in 2050, the working population would peak at 331 million in about 2010 and thereafter decrease steadily (to about 268 million in 2050), while, with life expectancy rising by 6 years for men and 5 years for women between 2004 and 2050, the number of people over 80 would rise from 4.1% in 2005 to 11.4% in 2050,

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 8 a (new)

8a. Stresses that demographic change faces the European Union with the challenge of managing human resources, which calls for a proactive policy aiming at full employment;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 12 a (new)

12a. Stresses that career and training security should be fully guaranteed; everyone should be able to have a full and uninterrupted working life, entitling them to a full-rate pension;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 13

13. Emphasises that lifelong learning must be a central aim in all education-related measures and that it is something for which all generations ~~carry~~, the public authorities and businesses bear a responsibility;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 13 a (new)

13a. Is convinced that optimal management of human resources in the form of initial and lifelong training is the responsibility of economic stakeholders, including occupational groups, who must anticipate their employment and training needs;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 13 b (new)

13b. Recalls that, in order to be of the greatest possible benefit to employees, lifelong learning must be attested by diplomas and certificates; recalls the need to make the practice of validating prior achievements the norm;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 17 – point i

i) ~~increasing the proportion of the workforce, of both sexes, aged over 50 in paid employment to 55%~~achieving full employment among the population aged over 50 up to the legal retirement age,

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 17 – point iv

~~iv) developing incentives for workers over the age of 60 to remain available for work and for companies to recruit such workers;~~deleted

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 18 a (new)

18a. Suggests to the social partners, employers and the Member States that they guarantee workers aged over 50 the possibility of being promoted until the end of their careers;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Subheading 8

‘~~Work without frontiers~~Guaranteeing a decent pension’ initiative

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 20

20. Is convinced that ~~it must be up to the workers concerned to decide for how long they wish to remain in work beyond national retirement ag~~the right to retire is a right that any employee is entitled to claim after the legal retirement age set by each Member State, in consultation with the social partners, in accordance with national practices;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 20 a (new)

20a. Stresses the vast disparity between men and women in terms of the average level of their pensions, which is explained by the fact that women interrupt their careers to care for children and elderly relatives; calls on the Member States to take measures to ensure that interruptions of work in the form of maternity or parental leave are no longer penalised in calculating pension rights; encourages the Member States to envisage pension bonuses based on the number of children raised and to recognise the role played by carers of all kinds in society;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 22

22. Calls on the Commission ~~to conduct a review of activities related to healthy ageing and to present an action plan in 2011 for enhancing older people’s dignity, health and quality of life~~and the Member States to conduct by 2012, in conjunction with the social partners, a review of the nature of the physical demands associated with work in all trades and professions, and to set upper retirement ages for each of them in the light of the outcomes;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 23 a (new)

23a. Calls on the Council and the Member States to take rapid measures to guarantee decent pensions for all, which must not in any circumstances lie below the poverty level;

2010/06/15
Committee: EMPL

2010/2027(INI)

Motion for a resolution
Paragraph 33 a (new)

33a. Calls on the Member States to assist regions of net emigration by guaranteeing a high level of SGIs (e.g. education including pre-school and child care, welfare and health services, postal services) and accessibility (e.g. of public transport, transport infrastructures and telecommunications networks) and to safeguard economic participation and skills (e.g. through training including methods of lifelong learning and use of and investment in new technologies); calls for the practical framework for fulfilment of these tasks to be adapted to local needs and local actors and to improve their adaptability; draws particular attention to the situation of islands, border areas, mountainous regions and other areas remote from centres of population;

2010/06/15
Committee: EMPL

2010/0067(CNS)

Jean LAMBERT, Jan Philipp ALBRECHT, Françoise CASTEX

Proposal for a regulation
Article 1 – paragraph 1 b (new)

1b. For the purposes of this regulation, ‘divorce’ shall mean breach of the contract joining the two persons under law.

2010/11/15
Committee: JURI

2010/0064(COD)

Proposal for a directive
Recital 13

(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web and to ensure that investigation and prosecution of such crimes is prioritized. Action is therefore necessary to remove the content at source and apprehend those guilty of making, distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal ~~by third country authorities of websites containing child pornography, which are hosted in~~and prosecution by their territory. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU, mechanisms should also be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible andd country authorities of websites containing child pornography, which are hosted in their territory. Cooperation between public authorities should be established and strengthened, particularly in the interest of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Only in the case of difficulties in cooperation with third countries on removal and prosecution, member states may take up legal measures for restricting access to internet pages containing or disseminating child abuse images. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online.

2011/01/19
Committee: LIBE

2010/0064(COD)

Jan Philipp ALBRECHT, Françoise CASTEX, Cornelia ERNST, Nadja HIRSCH, Ska KELLER, Jean LAMBERT, Stavros LAMBRINIDIS, Birgit SIPPEL, Rui TAVARES, Kyriacos TRIANTAPHYLLIDES, Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a directive
Article 21 – title

~~Blocking access to~~Measures addressing websites containing child ~~pornography~~abuse images

2011/01/19
Committee: LIBE

2010/0064(COD)

Jan Philipp ALBRECHT, Françoise CASTEX, Cornelia ERNST, Nadja HIRSCH, Ska KELLER, Jean LAMBERT, Stavros LAMBRINIDIS, Birgit SIPPEL, Rui TAVARES, Kyriacos TRIANTAPHYLLIDES, Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall take the necessary legal measures to obtain the ~~blocking of access by Internet users in their territory to I~~removal at source of 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 itabuse images.

2011/01/19
Committee: LIBE

2010/0064(COD)

Jan Philipp ALBRECHT, Françoise CASTEX, Cornelia ERNST, Nadja HIRSCH, Ska KELLER, Jean LAMBERT, Stavros LAMBRINIDIS, Birgit SIPPEL, Rui TAVARES, Kyriacos TRIANTAPHYLLIDES, Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a directive
Article 21 – paragraph 2

2. ~~Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of i~~In addition, when removal of content at source has proven impossible to achieve, Member States may, where prescribed by law and necessary, set up proportionate and transparent procedures to restrict access by Internet users in their territory to Internet pages containing or disseminating child ~~pornography.~~ abuse images.

2011/01/19
Committee: LIBE

2010/0064(COD)

Jan Philipp ALBRECHT, Françoise CASTEX, Cornelia ERNST, Nadja HIRSCH, Ska KELLER, Jean LAMBERT, Stavros LAMBRINIDIS, Birgit SIPPEL, Rui TAVARES, Kyriacos TRIANTAPHYLLIDES, Sophia IN 'T VELD, Cecilia WIKSTRÖM

Proposal for a directive
Article 21 – paragraph 2 a (new)

2a. Any measure under paragraphs 1 and 2 shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Union law. It shall provide for a prior ruling including the right to an effective and timely judicial review.

2011/01/19
Committee: LIBE

2009/2222(INI)

Motion for a resolution
Citation 29 d (new)

- having regard to the Written declaration 84/2010 on the establishment of European Statutes for Mutual societies, Associations and foundations,

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 1

1. Considers that SSGI and their users have a number of special characteristics in addition to the common characteristics of SGI. SSGI encompass~~, in addition to health services, both~~ two main categories: statutory and complementary ~~universally available~~social security schemes, organised in various ways, covering the main risks of life, such as those linked to health, ageing, occupational accidents, unemployment, retirement, dependency and disability; and other essential services, provided directly to the person, ~~that~~such as health or social housing. These services play a preventative ~~and~~, social cohesion and inclusion role and make tangible fundamental ~~social rights~~rights. Under EU law as it currently stands, some statutory social security schemes are non economic SSGI, whereas others are SSGEI;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 1 a (new)

1a. Stresses that the general interest nature of a social service does not depend on its field but on the way it is provided, through a variety of evidences such as non profit status or non selection of beneficiaries;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 4

4. Highlights the facts that SSGI make a major economic contribution in terms of jobs, economic activity and purchasing power – the Commission'’s second Bbiennial Report indicating that the health and social services sector accounts for 5% of economic output and employs 21.4 million people – and that ~~SMEs in particular are reliant~~many SMEs are providers onf high quality SSGI;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 6

6. Stresses that the primary purpose of SSGI is to achieve social policy objectives and make tangible the social rights of individuals and groups and that SSGI are often an integral part of social security systems the way European societies are organised; points out that Eurofound Quality of Life Surveys23 have verified that one of the most important ways of enhancing citizens'’ quality of life, ensuring full inclusion in society and providing for social and territorial cohesion is through the provision and development of SGI including SSGI;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 10

10. Emphasises that SSGI which have played the prominent role of a socio- economic automatic stabiliser during the economic and banking crises – notably social via security systems –, are an indispensable investment for Europe'’s future, and are under severe pressure due to the economic and banking crises and government austerity programmes, which are resulting in even greater demand for them;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 15

15. Underlines the fact that Member States and local authorities must be free to decide how SSGI are funded and delivered, whether directly or otherwise; that SSGI providers themselves need to have a capacity for initiative that can enable them to anticipate public decisions, using all available instruments so as to ensure that the Union'’s social objectives are not weakened by single market rules, while at the same time supporting an environment that promotes quality, accessibility and efficiency in the delivery of the services;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 16

16. Calls for EU legislation to enable mutual societies, associations and foundations to operate on a transnational basis thanks to the appropriate European statutes;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 17 a (new)

17a. Calls for a clarification of several notions such as act of entrustment or public authorities;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 17 b (new)

17b. Considers that during the transposition of the services directive, several Member States narrowly translated into their domestic legislation the list of social services excluded from the scope of the directive, without taking into account the potential effects on the general interest nature of these services;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 19

19. Calls for reform of the criteria for classifying economic and non-economic SSGI in the framework of current EU legislation, in order to see if SSGI currently considered as economic could not be considered as non economic in the future;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 26

26. Calls for a programme of reform, to include legislative adaptation and clarification at European level, to support the specific characteristics of SSGI, notably in relation with the principles contained in the Charter of Fundamental Rights of the European Union;

2011/03/28
Committee: EMPL

2009/2222(INI)

Motion for a resolution
Paragraph 33 a (new)

33a. Invites the European Commission to clarify the link between the quality framework outlined in the Promotheus programme and the VQF to avoid any duplication;

2011/03/28
Committee: EMPL

2009/2178(INI)

Lidia Joanna GERINGER DE OEDENBERG, Françoise CASTEX, Bernhard RAPKAY, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Citation (new)

– having regard to its resolution of 10 April 2008 on cultural industries in Europe,

2010/03/02
Committee: JURI

2009/2178(INI)

Motion for a resolution
Citation (new)

– having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms and having regard to the legally binding character of the Charter of Fundamental Rights,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Citation (new)

– having regard to the communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 25 June 2008 on the Small Business Act for Europe establishing the ‘Think Small First’ principle for an ambitious policy agenda for SMEs,

2010/03/02
Committee: JURI

2009/2178(INI)

Motion for a resolution
Recital A

A. whereas ~~violations of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents,~~commercial goods counterfeiting constitutes a genuine threat not only to consumer health and safety but also to our economies and societies,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Stavros LAMBRINIDIS

Motion for a resolution
Recital A a (new)

Aa. whereas scientific and technical innovation, patents and the cultural industries make a decisive contribution to the competitiveness of the European economy, both through the number and diversity of the job openings they provide and through the wealth created; whereas the cultural economy, from creation through to distribution, must be supported,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS

Motion for a resolution
Recital A b (new)

Ab. whereas knowledge sharing and dissemination of innovation are strong traditions in the European Union; whereas access by the greatest possible number to technological progress and cultural products continues to be the foundation of education and development policy,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM

Motion for a resolution
Recital A c (new)

Ac. whereas within the current information and digital technology society new forms of production, distribution and consumption are emerging, which are generating new products and services that call for new commercial models able to provide product accessibility and diversity while guaranteeing appropriate remuneration for authors and others who take part in their creation,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Recital A d (new)

Ad. whereas, on the other hand, the word ‘piracy’ does not relate to any recent legal reality, particularly in the cultural area, and whereas it cannot be used alone to designate an offence which has not been legally defined,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Bernhard RAPKAY, Christian ENGSTRÖM

Motion for a resolution
Recital C

C. whereas data concerning the scale of IPR infringements are inconsistent, incomplete, insufficient and dispersed, and therefore do not provide a basis for any additional criminal legislative initiatives,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Bernhard RAPKAY

Motion for a resolution
Recital E

E. whereas the violation of IPR is a problem across the board which affects all sectors of industry and particularly the creative and innovative industries, and sport,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Christian ENGSTRÖM

Motion for a resolution
Recital F

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

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Christian ENGSTRÖM

Motion for a resolution
Recital F a (new)

Fa. whereas efforts to tackle on-line non- commercial file sharing have created a strong and prejudicial antagonism between the creative industries and their public, and it is therefore necessary to explore new ways of creating synergy between the rights of the public and the revenues of authors and creators,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Christian ENGSTRÖM

Motion for a resolution
Recital G

G. whereas, with the exception of legislation on penalties under the criminal law, a Community legal framework already exists with regard to the phenomenon of counterfeiting ~~and piracy~~ of physical goods, but whereas lacunae persist with regard to the trade of counterfeit goods over the Internet ~~piracy~~,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Recital H

H. whereas the measures provided for by Directive 2004/48/EC on the enforcement of intellectual property rights on the internal market have not yet been assessed, from the point of view of the protection of rights or from the point of view of its effects on consumers’ rights,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Recital H a (new)

Ha. whereas the telecoms regulatory framework has recently been amended, rejecting proposals for so-called graduated response schemes at EU level, and instead includes provisions for standardised public interest notices which can address, among other things, copyright and infringement thereof without jeopardising data protection and privacy rights and stresses the need to respect fundamental rights in matters relating to Internet access,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Recital J

J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting ~~and piracy~~,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Recital J a (new)

Ja. whereas the co-decision role of the European Parliament in commercial matters and its access to negotiation documents is guaranteed by the Lisbon Treaty,

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Christian ENGSTRÖM

Motion for a resolution
Paragraph 1

1. Welcomes the communication of 11 September 2009 from the Commission concerning additional non-legislative measures; ~~regrets however that the communication does not deal with the completion~~welcomes the progress made in the EU in harmonising the fight against counterfeiting; encourages the Commission to step up its efforts in areas that are sensitive in terms of the ~~legislative framework~~alth and safety, including that of medicines;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Christian ENGSTRÖM

Motion for a resolution
Paragraph 1 a (new)

1a. Views as regrettable the fact that the Commission links the terms ‘piracy’ and ‘counterfeiting’ in its communication, thereby creating a legal grey area with regard to the offence being referred to;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Christian ENGSTRÖM

Motion for a resolution
Paragraph 1 b (new)

1b. Wonders about the accuracy of the word ‘piracy’ as used to designate the non-commercial exchange of content on line, which leads to a de facto criminalisation of millions of European citizens, particularly young people;

2010/03/02
Committee: JURI

2009/2178(INI)

Lidia Joanna GERINGER DE OEDENBERG, Françoise CASTEX, Luigi BERLINGUER, Bernhard RAPKAY, Christian ENGSTRÖM

Motion for a resolution
Paragraph 1 c (new)

1c. Urges the Commission to distinguish, in the above mentioned strategy between counterfeiting of goods, which is an obvious infringement of intellectual property rights and should be punished, and online file sharing, which should not be punished as long as it is of a non- commercial nature;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Bernhard RAPKAY

Motion for a resolution
Paragraph 1 d (new)

1d. Recalls that an exception to IPRs exists in the cultural area: the ‘private copy’; calls on the Commission to retain this exception and to adapt it to new technological progress and the internet; stresses the potential usefulness of authorising sharing between individuals of copies for non-commercial use and linking them to new mutualised forms of funding for creative endeavour;

2010/03/02
Committee: JURI

2009/2178(INI)

Lidia Joanna GERINGER DE OEDENBERG, Françoise CASTEX, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 2

2. Calls on the Commission to ~~urgently present~~propose a comprehensive ~~IPR~~ strategy ~~addressing all aspects of IPRs, including their enforce~~on IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the field of IPR to current trends in society as well as to technical developments;

2010/03/02
Committee: JURI

2009/2178(INI)

Lidia Joanna GERINGER DE OEDENBERG, Françoise CASTEX, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Christian ENGSTRÖM

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses that any measures taken to enforce IPR must respect the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 10, Article 8, and Article 6, and be necessary, proportionate, and appropriate within a democratic society;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO

Motion for a resolution
Paragraph 3 a (new)

3a. Takes the view that the Commission should take into account the specific problems encountered by SMEs when it comes to reinforcing the intellectual property rights corresponding to the principle of ‘Think Small First’ established by the Small Business Act for Europe, inter alia by applying the principle of non-discrimination for SMEs;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 4

4. DoTakes not ~~share~~e of the Commission's ~~certitude~~view that the current civil enforcement framework in the EU ~~is effective and harmonised to the extent necessary for~~contributes to the proper functioning of the internal market and reminds the Commission that the report on the application of Directive 2004/48/EC is essential to confirm those claims;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 5

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

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Christian ENGSTRÖM

Motion for a resolution
Paragraph 6

6. ~~Does not s~~Shares the Commission view that the principal body of laws with respect to IPR enforcement is already in place; points out ~~in this respect~~ that negotiations on the directive on criminal sanctions have not been successfully concluded and calls on the Commission to put forward a new proposal on criminal sanctions under the Treaty of Lisbon for serious infringements committed by organized crime entities;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;

2010/03/02
Committee: JURI

2009/2178(INI)

Lidia Joanna GERINGER DE OEDENBERG, Françoise CASTEX

Motion for a resolution
Paragraph 7

7. Calls on the Commission to put forward appropriate legislative proposals based on Article 118 of the TFEU which will address the issue of an effective EU patent system and will harmonise certain aspects of European Copyright Law;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO

Motion for a resolution
Paragraph 8 a (new)

8a. Proposes to change the name of the Observatory to avoid the mention of ‘piracy’, which is often a source of confusion and is a very controversial notion;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO, Bernhard RAPKAY, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 8 b (new)

8b. Stresses the need to avoid creating new parallel bureaucratic structures for tasks that can be handled by existing institutions, such as Europol, forums for cooperation between customs authorities, and statistics-gathering bodies within the EU, in order to avoid duplication of effort;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO, Bernhard RAPKAY, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 9

9. ~~Welcom~~Urges the ~~establishment of the Observatory as a tool for central~~Commission to produce a report on how best to use Europol and exisati~~on of statistics and data which will serve as a basis for proposals to be implemented~~ng structures for cooperation between customs authorities to combat effectively the phenomenaon of counterfeiting ~~and piracy, including on- line piracy~~;

2010/03/02
Committee: JURI

2009/2178(INI)

Lidia Joanna GERINGER DE OEDENBERG, Françoise CASTEX, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS

Motion for a resolution
Paragraph 9 a (new)

9a. Urges the Commission to guarantee that the Observatory obeys EU rules in the field of privacy and data protection;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO

Motion for a resolution
Paragraph 10

10. Wishes the Observatory to become a tool for collecting and exchanging data and information on all forms of all IPR infringements; its prime objective should be to compile scientific research regarding counterfeiting and IPR regulation;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO, Stavros LAMBRINIDIS

Motion for a resolution
Paragraph 12

12. Calls on the Commission to inform Parliament and the Council fully and comprehensively about the results of the Observatory's activities through annual reports in which the Commission draws conclusions and proposes solutions necessary to ~~enhance the enforcement of IPRs~~improve IPR law;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO, Bernhard RAPKAY, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 13

13. Stresses the need to organise a campaign to raise awareness at European, national and local level of the risks to consumer health and safety arising from counterfeit products and also the adverse impact of counterfeiting ~~and piracy~~ on the economy and society;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO, Christian ENGSTRÖM

Motion for a resolution
Paragraph 14

14. Calls on ~~all parties concerned, including Internet service providers, on- line sales platforms, rights-holders and consumers' organisatio~~the Member States to conduct awareness campaigns, with regard to ~~piracy and~~ the sale of counterfeit products on line, ~~to establish a dialogue on practical measures to be adopted to alert people, such as brief, visible and relevant warning messages~~where applicable and appropriate by way of the public interest information mechanism provided for in the Citizens’ Rights Directive;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 15

15. Stresses the need to educate young people to enable them to understand what is at stake in intellectual property and to identify clearly what is legal and what is not, by means of targeted public awareness campaigns, particularly against on-line piracy;deleted

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Christian ENGSTRÖM

Motion for a resolution
Title after paragraph 15

~~Comb~~Innovating ~~on-line piracy and protecting~~to adapt IPR ton the Internet

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Christian ENGSTRÖM

Motion for a resolution
Paragraph 16

16. ~~Agrees with the Commission that additional~~Cautions against non-legislative measures are ~~useful to improve~~garding the application of IPR, ~~particularly measures arising from~~ as they may lead to the circumvention of legal safeguards, including those concernin-g d~~epth dialogue among stakeholders~~ata protection and privacy;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 17

17. Regrets that the Commission has not mentioned or discussed the delicate problem of on-line piracy, which constitutes a major aspect of this worldwide phenomenon in the age of digitisation of our societies, particularly the issue of the balance between free access to the Internet and the measures to be taken to combat this scourge effectively; urges the Commission to broach this problem in its IPR strategy;deleted

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM

Motion for a resolution
Paragraph 18

18. Stresses that a number of factors have allowed this phenomenon to develop, particularly technological advances and the lack of legitimate offers; recalls however that this phenomenon constitutes a violation of IPR to which appropriate, urgent solutions need to be found, geared to the sector concerned and in compliance with fundamental rights;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Christian ENGSTRÖM

Motion for a resolution
Paragraph 19

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

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS

Motion for a resolution
Paragraph 20

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

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Bernhard RAPKAY, Christian ENGSTRÖM

Motion for a resolution
Paragraph 20 a (new)

20a. Asks the Commission to recognize the non-commercial file sharing associated with alternative reward systems, including the creation of a new exception or limitation to the making available and reproduction rights;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY

Motion for a resolution
Paragraph 21

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

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 21 a (new)

21a. Calls on the Commission to review the issue of cross-border management of rights and change the current situation of legal uncertainty created by Commission Recommendation 2005/737/EC of 18 October 2005 on collective cross-border management of copyrights, taking into account the fact that copyright is inherently territorial for cultural, traditional and linguistic reasons and ensuring a pan-European licensing system providing consumers with access to the widest possible choice of content and not at the expense of European local repertoire;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY

Motion for a resolution
Paragraph 21 a (new)

21a. Invites the Commission to adopt an open-ended approach to the proposals that have emerged regarding the recognition of online file sharing by producing comprehensive data regarding the economic aspects of mutualised funding schemes for creation based on non-market exchanges of digital content (such as the ‘creative contribution’ or ‘Kulturflatrate’);

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Stavros LAMBRINIDIS, Christian ENGSTRÖM

Motion for a resolution
Paragraph 21 a (new)

21a. Stresses the need to ensure that any legislative measure should not restrict in any way the fundamental rights to data protection and privacy as recognised in EU law;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Stavros LAMBRINIDIS, Christian ENGSTRÖM

Motion for a resolution
Paragraph 22

22. Supports steps taken by the Commission with a view to identifying the best ways to further improve the EU Customs Regulation which allows the detention of goods suspected of infringing IPRs and is, as such, one of the pillars of the Union legal framework designed to enforce IPRs, and calls on the Commission and Member States to ensure that the detention of goods whose illegality is not proven should be as short as possible to avoid illegitimately blocking international transfers of such goods when an overriding general interest, such as public health, is at stake in countries of destination;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Stavros LAMBRINIDIS

Motion for a resolution
Paragraph 23

23. Calls on the Commission to pursue innovative and upgraded cooperation between administrative departments and the various sectors of industry concerned, without prejudice to the traditional and legal distinction between the roles and competences of the law enforcement and judicial authorities and of the industry;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS

Motion for a resolution
Paragraph 24

24. Calls on the Commission to step up its cooperation with priority third countries with regard to intellectual property and ~~continue its efforts~~promote a balanced approach in the context of the negotiations on intellectual property under the auspices of the World Trade Organisation concerning intellectual property, particularly in the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 25

25. Calls on the Commission to ~~continue its efforts to further~~fully inform Parliament on the progress and outcome of the negotiations on the multilateral Anti-Counterfeiting Trade Agreement (ACTA) ~~to improve the effectiveness of the IPR enforcement system against counterfeiting and to fully inform Parliament on the progress and outcome of the negotiations~~and to ensure that the provisions of ACTA fully comply with the acquis communautaire on IPR and fundamental rights;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO, Bernhard RAPKAY, Stavros LAMBRINIDIS, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 25 a (new)

25a. Reiterates its calls on the Commission to ensure that ACTA only concentrates on IPR enforcement measures and not on substantive IPR issues such as the scope of protection, limitations and exceptions, secondary liability or liability of intermediaries, and that ACTA is not used as a vehicle for modifying the existing European IPR enforcement framework;

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Antonio MASIP HIDALGO, Stavros LAMBRINIDIS

Motion for a resolution
Paragraph 25 b (new)

~~These~~25b. Calls on the Commission two ~~additions are entirely consistent with the stance taken by the Parliament regarding ACTA in the Susta report previously men~~refuse any provision that could allow trademark and copyright holders to intrude on the privacy of alleged infringers without due legal process, further criminalise non- commercial copyright and trademark infringements or reinforce Digital Rights Management technologies at the cost of the rights of the public; Or. en Justification~~ed.~~

2010/03/02
Committee: JURI

2009/2178(INI)

Françoise CASTEX, Lidia Joanna GERINGER DE OEDENBERG, Luigi BERLINGUER, Antonio MASIP HIDALGO, Bernhard RAPKAY, Cecilia WIKSTRÖM, Christian ENGSTRÖM

Motion for a resolution
Paragraph 27

27. Stresses the importance of fighting organised crime in the area of IPRs, in particular counterfeiting ~~and piracy~~; points out in this context the need for appropriate EU legislation on criminal sanctions and supports close strategic and operational cooperation between all the interested parties within the EU, in particular Europol, national authorities and the private sector, as well as with non-EU states and international organisations;

2010/03/02
Committee: JURI

2009/2158(INI)

Draft opinion
Paragraph 2

2. Calls on the Commission to introduce ~~a legislative~~ proposals on the digitisation, preservation and dissemination of orphan works which would put an end to the current legal uncertainty, in accordance with the requirements for diligent search in the country of publication for, and remuneration of, rights-holders;

2010/01/20
Committee: JURI

2009/2158(INI)

Draft opinion
Paragraph 5

5. Stresses the need to consider ways of encouraging cultural institutions, once they have drafted a digitisation plan, to conclude agreements with rights-holders to make works accessible on a multi-territor~~ial basi~~y basis and to foster the development of a competitive environment with the participation of online booksellers, thus helping to spread Europe'’s cultural heritage throughout the continent;

2010/01/20
Committee: JURI

2009/2158(INI)

Draft opinion
Paragraph 5 a (new)

5a. Stresses the need for legal clarity in order to guarantee that no new copyrights emerge from the document digitisation process;

2010/01/20
Committee: JURI

2009/2158(INI)

Draft opinion
Paragraph 5 b (new)

5b. Stresses the importance of equal access to the common European cultural heritage and therefore asks the Member States to remove intra-EU barriers to access to some parts of Europeana content;

2010/01/20
Committee: JURI

2009/2140(INI)

Sebastian Valentin BODU, Françoise CASTEX

Motion for a resolution
Recital L

L. whereas, as regards rights of the personality, the media complain that the ~~internet, in particular, and the readiness of the courts in certain Member States to accept jurisdiction, creates problems for the media because of the ruling in Shevill;~~current rules on jurisdiction and applicable law, which give claimants much scope for "forum shopping" and "law shopping", have a chilling effect on freedom of expression and may jeopardise the cross-border distribution of the media, particularly via the Internet, whereas this problem will be considered specifically in a legislative initiative on the Rome II Regulation;, whereas, nevertheless, some guidance may be given to national courts in the amended regulation,

2010/05/12
Committee: JURI

2009/2140(INI)

Motion for a resolution
Paragraph 6

6. Considers that authentic instruments should ~~not~~ be directly enforceable without the possibility of review by the judicial authorities in the State in which enforcement is sought~~; takes the view that the special review procedure to be introduced should not be limited to cases whe~~ when they have been declared enforcement of the instrument is manifestly contrary to public policy in the State addressed since it is possible to conceive of circumstances in which an authentic act could be irreconcilable with an earlier judgment and the validity (as opposed to the authenticity) of an authentic act can be challenged in the courts of the State of origin on grounds of mistake, misrepresentation, etc. even durable in the State of origin; nevertheless, the parties concerned should keep the possibility of opposing their enforceability before the judicial bodies of the country of destination only where enforcement of the instrument is manifestly contrary to public order ing the ~~course of enforcement~~State addressed;

2010/05/12
Committee: JURI

2009/2140(INI)

Motion for a resolution
Paragraphe 20

20. ~~Endor~~Stresses the ~~rule in~~need of an evolution of Shevill; considers~~, however,~~ that, in order to mitigate the alleged tendency of courts in certain jurisdictions to accept territorial jurisdiction where there is only a weak connection with the country in which the action is brought, a recital should be added to clarify that~~, in principle,~~ the courts of that country should accept jurisdiction only where there is a sufficient, substantial or significant link with that country; ~~considers that this would be sufficiently protective of freedom of expression, the right to a private life and the right to one's good reputation;~~

2010/05/12
Committee: JURI

2009/0144(COD)

Proposal for a regulation
Recital 34

(34) Member States have a core responsibility in preserving financial stability in crisis ~~management~~situations, in particular with regard to stabilising and resolving individual ailing financial ~~market participant~~institutions. Measures by the Authority in emergency or settlement situations affecting the stability of a financial ~~market participant~~institution should not impinge on the fiscal responsibilities of Member States. A mechanism should be established whereby Member States may ~~invoke this safeguard and ultimately bring the matter before the Council for decision. It is appropriate to confer on the Council a role in this matter given the particular~~request that the decision of the Authority be respconsi~~bilities of the Member States in this respect~~dered.

2010/03/04
Committee: JURI

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 1

1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges ~~in any wa~~directly on the fiscal responsibilities of Member States.

2010/03/04
Committee: JURI

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1

2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority ~~and~~, the Commission ~~within one month~~and the Council within three working days after notification of the Authority's decision to the competent ~~authority that the decision will not be implemented by the competent~~ authority.

2010/03/04
Committee: JURI

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 3

~~In that case, the decision of the Authority shall be suspend~~deleted.

2010/03/04
Committee: JURI

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 4

Within a period of one ~~month~~week from the notification by the Member State, the Authority shall inform the Member State as to whether it maintains its decision or whether it amends or revokes it.

2010/03/04
Committee: JURI

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5

Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20538 of the Treaty on the Functioning of the European Union, shall, within ~~two~~one months, decide whether the Authority's decision is maintained or revoked.

2010/03/04
Committee: JURI

2009/0144(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6

Where the Council decides to maintain the Authority's decision, or where it does not take a decision within ~~two~~one months, the ~~suspension of that~~ decision shall be immediately ~~termina~~implemented.

2010/03/04
Committee: JURI

2009/0143(COD)

Proposal for a regulation
Recital 33

(33) Member States have a core responsibility in preserving financial stability in crisis ~~management~~situations, in particular with regard to stabilising and resolving individual ailing financial institutions. Measures by the Authority in emergency or settlement situations affecting the stability of a financial institution should not impinge on the fiscal responsibilities of Member States. A mechanism should be established whereby Member States may invoke this safeguard and ultimately bring the matter before the Council for a decision. It is appropriate to confer on the Council a role in this matter given the particular responsibilities of the Member States in this respectrequest that the decision of the Authority be reconsidered.

2010/03/04
Committee: JURI

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 1

1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges ~~in any wa~~directly on the fiscal responsibilities of Member States.

2010/03/04
Committee: JURI

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1

2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority ~~and~~, the Commission ~~within one month~~and the Council within three working days after notification of the Authority's decision to the ~~national supervisory authority that the decision will not be implemented by the national supervisory~~competent authority.

2010/03/04
Committee: JURI

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 3

~~In that case, the decision of the Authority shall be suspend~~deleted.

2010/03/04
Committee: JURI

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 4

Within a period of one ~~month~~week from the notification by the Member State, the Authority shall inform the Member State as to whether it maintains its decision or whether it amends or revokes it.

2010/03/04
Committee: JURI

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5

Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 20538 of the Treaty on the Functioning of the European Union, shall, within ~~two~~one months, decide whether the Authority's decision is maintained or revoked.

2010/03/04
Committee: JURI

2009/0143(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6

Where the Council decides to maintain the Authority's decision, or where it does not take a decision within ~~two~~one months, the ~~suspension of that~~ decision shall be immediately ~~termina~~implemented.

2010/03/04
Committee: JURI

2009/0142(COD)

Proposal for a regulation
Recital 34

(34) Member States have a core responsibility in preserving financial stability in crisis ~~management~~situations, in particular with regard to stabilising and resolving individual ailing financial institutions. Measures by the Authority in emergency or settlement situations affecting the stability of a financial institution should not impinge on the fiscal responsibilities of Member States. A mechanism should be established whereby Member States may invoke this safeguard and ultimately bring the matter before the Council for a decision. It is appropriate to confer on the Council a role in this matter given the particular responsibilities of the Member States in this respectrequest that the decision of the Authority be reconsidered.

2010/03/04
Committee: JURI

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 1

1. The Authority shall ensure that no decision adopted under Articles 10 or 11 impinges ~~in any wa~~directly on the fiscal responsibilities of Member States.

2010/03/04
Committee: JURI

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1

2. Where a Member State considers that a decision taken under Article 11 impinges on its fiscal responsibilities, it may notify the Authority ~~and~~, the Commission ~~within one month~~and the Council within three working days after notification of the Authority's decision to the competent ~~authority that the decision will not be implemented by the competent~~ authority.

2010/03/04
Committee: JURI

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 3

~~In that case, the decision of the Authority shall be suspend~~deleted.

2010/03/04
Committee: JURI

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 4

Within a period of one ~~month~~week from the notification by the Member State, the Authority shall inform the Member State as to whether it maintains its decision or whether it amends or revokes it.

2010/03/04
Committee: JURI

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 5

Where the Authority maintains its decision, the Council, acting by qualified majority as defined in Article 205 of the Treaty, shall, within ~~two~~one months, decide whether the Authority's decision is maintained or revoked.

2010/03/04
Committee: JURI

2009/0142(COD)

Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 6

Where the Council decides to maintain the Authority's decision, or where it does not take a decision within ~~two~~one months, the ~~suspension of that~~ decision is~~hall be~~ immediately ~~termina~~implemented.

2010/03/04
Committee: JURI

2009/0035(COD)

Draft legislative resolution
Paragraph 1

The European Parliament rejects the Commission proposal.

2009/10/13
Committee: JURI

2008/2250(INI)

Motion for a resolution
Paragraph 9

9. Supports the fact that the components of the social economy should be recognised in the European sectoral and inter-sectoral social dialogue and insists that the process for including social economy actors in social consultations and the civil dialogue should be encouraged;;

2008/11/21
Committee: EMPL

2008/2250(INI)

Motion for a resolution
Paragraph 18 a (new)

18a. Calls on the Commission to aim for conditions which will facilitate investments in the social economy, in particular through investment funds, the grating of guaranteed loans and in the form of subsidies;

2008/11/21
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 3

3. Considers that, while the Commission’s Action Plan covers the main issues related to mobility, much more action still needs to be taken, notably regarding creating stronger links between education systems and the labour market, as also on aspects such as preparation for mobility via the teaching of foreign languages, not least as part of vocational training and in learning systems of every kind;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 3 a (new)

3a. With a view to creating stronger links between training and the labour market, urges the Commission and the Member States to bring this matter before the sectoral consultation committees; considers that industry and trades could provide regular information about the occupational fields most open to mobility;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 5

5. Is convinced that guaranteed labour mobility is a means of consolidating the Lisbon strategy’s economic and social dimensions, achieving the objectives of the social agenda, and tackling a range of challenges including globalisation, industrial change, technological progress, population trends, and migrations ~~and alterations in the social and employment model~~;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 12 a (new)

12a. Calls on the Commission and the Member States to ensure that employers’ and trade representatives become involved as quickly as possible in implementing the EQF and hence that the system for the recognition of qualifications can take effect on the labour market;

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 12 b (new)

Paragraph 12 b (new) Motion for a resolution Amendent 12b. Regrets that in some Member States insufficient priority and funding is being dedicated to developing and implementing lifelong learning strategies; Encourages Member States to more actively use financing available from the EU Structural Funds, and in particular from European Social Fund, to develop and implement such schemes,

2008/09/18
Committee: EMPL

2008/2098(INI)

Motion for a resolution
Paragraph 25 a (new)

25a. Wonders about the meaning of the concept of equitable mobility proposed by the Commission; hopes that the substance of this concept will be spelt out in such a way as to enable it to be equated with a maximum guarantee regarding the terms of employment of workers practising mobility;

2008/09/18
Committee: EMPL

2008/2004(INI)

Motion for a resolution
Recital A a (new)

Aa. whereas economic development is based on three sectors of equal importance for the purposes of growth: agriculture, industry and the tertiary (services) sector; to ensure human development and sustainable development, the three sectors must be given balanced support,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital C a (new)

Ca. whereas a quantitative assessment of the respective contribution of the three sectors to GDP fails to take account of the significance of each in qualitative terms. Agriculture, for example, relates directly to world challenges arising in connection with nutrition, hygiene and food sovereignty. It is therefore natural for this sector to receive particular attention in the course of multilateral and bilateral trade negotiations and to be given aid in order to prevent world food crises,

2008/06/04
Committee: INTA

2008/2004(INI)

Françoise CASTEX, Kader ARIF, Vural ÖGER

Motion for a resolution
Recital C b (new)

Cb. whereas industrialisation contributes to the economy of developing countries; taking the view, therefore, that the latter are entitled to protect their fragile or emerging industries and to benefit from technology transfers,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital D

D. whereas trade in services so far ~~only~~ amounts to 25% of world trade; whereas the sector has a huge potential and a lot to be gained from ~~liberalised~~the equitable opening up of trade in services; whereas more jobs are created in this sector than in any other sector of the economy,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital D a (new)

Da. whereas the development of quality employment is accompanied by a quantitative increase in jobs; notes that it is in the services sector that the highest level of enforced part-time and precarious employment is being created and that, for the development of this economic sector, account must be taken of ILO recommendations,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital D b (new)

Db. whereas social services of general interest such as health and education are essential to the principles of the European social model and must also be taken into account for the purposes of international trade,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital F a (new)

Fa. whereas GATS is a source of concern for European citizens; whereas, therefore, transparency in the negotiation process and evaluation of the impact of liberalisation in the services sector are essential,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital F b (new)

Fb. whereas the services sector encompasses different types of service of varying importance in terms of essential human needs and the public wellbeing; takes the view therefore that certain services, for example those which are of a non-commercial nature and not motivated purely by profit, must be respected,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital F c (new)

Fc. whereas certain products such as water must be considered as a world resource belonging to all and related services should therefore be given special status in so far as they have a considerable direct impact on the day-to- day life of the population and contribute to sustainable development,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital G

G. whereas an efficient services infrastructure is aone of the preconditions for economic success, together with the average level of education and public health standards; whereas access to world- class services helps exporters and producers of goods and services in developing countries to capitalise on their competitive strength; whereas a number of developing countries have also been able, building on foreign investment and expertise, to advance in international services markets~~; whereas services liberalisation has thus become a key element of many development strategies~~,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital G a (new)

Ga. whereas, in numerous developing countries, service infrastructures, particularly for health education, have been dismantled following structural adjustment policies imposed by international financial institutions. These basic services, which are a precondition for development, are in many cases to be restored with the support of the international PDA,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital G b (new)

Gb. whereas the developing countries agreed at Marrakech to commence negotiations on services subject to total flexibility as to whether the negotiations would include or exclude any services sector,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Recital G c (new)

Gc. whereas trade in services can represent a major social and economic development instrument if countries are able to protect their markets initially, progressively opening them up when they have a firm institutional framework in place, accompanied by clearly defined social and environmental rules and clear wealth redistribution mechanisms,

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph -1 (new)

-1. Notes that international trade geared to development and poverty reduction must also contribute to social progress and quality employment; trade regulations must comply with ILO social standards; measures to combat all forms of exploitation at the workplace (prohibiting forced labour and child labour in particular), together with respect for trade union liberties, are essential for balanced trade in the interest of all; reaffirms the need to examine the interaction between trade and social issues;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph -1 a (new)

-1a. Stresses the need for a differentiated approach to the opening of the market in services of general interest; points out that social services of a general interest such as health and education should not be liberalised in the same way as tertiary trade sectors in view of their specific contribution to social protection and solidarity;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 1

1. Draws attention to the high level of external competitiveness of European services providers; calls on the Commission to pursue, in trade negotiations, both the fair, progressive and reciprocal ~~liberalisation of~~opening up of trade in services and a policy of increased transparency and predictability of rules and regulations, in order that citizens and entrepreneurs of developing countries can have access to a wider range of services, some of which may be provided by highly competitive European services providers; stresses that it is essential to strike the right balance between the equitable and progressive opening of services and regulation of the services market with regard to the relevant international trade issues;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 2

2. Recalls that the Commission must take the different Member State interests and those of the developing countries into account when negotiating commitment schedules;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 3

3. Is convinced, that services constitute the backbone of every economy; reiterates that liberalisation of services is therefore important not only for developed countries, but particularly for developing countries;deleted

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 5 a (new)

5a. Observes that it is necessary to make a clear distinction between commercial and public services; stresses the need to exclude public services from the scope of the negotiations, in particular those helping to ensure public access to essential services such as health, education, drinking water and energy, and those making a significant contribution to cultural identity, such as audiovisual services;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 6

6. Suggests that the efficiency gains that could be obtained thanks to opening markets to services competition would allow less developed countries to provide services in areas that would otherwise be out of reach for the state due to its limited resources; considers that in this regard as much emphasis should be placed on government failure as is put on market failure;Deleted

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 7

7. Underlines the need for rules and standards to ~~govern liberalisation~~ensure the successful opening up of the services market; encourages compliance with social and environmental ~~and~~ quality standards ~~in a reasonable and objective manner, without constituting unnecessary barriers to trade~~;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 9

9. Recalls Article XIX of the GATS stating that members shall enter into successive rounds of negotiations, beginning not later than five years from the date of entry into force of the WTO Agreement and periodically thereafter, with a view to achieving a progressively higher level of liberalisation; ~~recalls that such negotiations shall be directed to the reduction or elimination of the adverse effects on trade in services of measures as a means of providing effective market access;~~

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 10

10. Recalls, on the one hand, that the principles of GATS ~~do not prohibit~~ require neither privatisation nor deregulation~~; underlines therefore that each state is free to liberalise any service sector~~ and do not seek any degree of liberalisation as such and do not exclude the imposition of public service obligations; recalls, on the other hand, that the GATS acknowledges the right of WTO members '(...) to regulate (...) the supply of services within their territories (...) to meet national policy objectives (...)'; stresses that GATS schedules deal with the bound commitments of each WTO member in terms of trade in services and that each member is free to open its market beyond its GATS commitments provided that the Most Favoured Nation principle or Article V of GATS on Economic Integration is respected;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 11

11. ~~Consider~~Recalls that the Doha Development Round must focus on development and, accordingly, that negotiations on trade in services must serve both the interests of the EU and the economic growth of the poorest countries;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 11 a (new)

11a. Stresses the need to allow developing countries a degree of latitude regarding the level of reciprocity in the opening up of trade, so as to protect the most vulnerable by enabling them to decide for themselves the speed at which liberalisation should be achieved;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 12 a (new)

12a. Stresses the need for a fair and progressive liberalisation of trade in farm products with a number of derogations and together with timetables for progressive and asymmetric implementation, taking account of the differences between the agricultural sectors of the various Member States and their specific characteristics;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 12 b (new)

12b. Expresses concern at the consequences of abrupt liberalisation of trade in farm products and speculation in basic food commodities; stresses the economic and social importance of this sector for developing countries and the need to avoid impoverishment of rural populations, which causes people to leave the countryside and concentrate in already overpopulated urban centres;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 14

15. Encourages a clear and ambitious level of commitments in the currently negotiated and upcoming bilateral and regional trade agreements; stresses the importance of including therein provisions relating to human rights and social standards;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 15 a (new)

15a. Stresses that the developing and the least advanced countries must not be subjected to pressure to liberalise their services, in particular SGI; considers that any failure of the current round of multinational negotiations could lead to additional pressure being brought to bear under bilateral agreements for poor countries to open up their markets, particularly in the services sector;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 18

18. Believes with regards to the negotiation of the EU-ASEAN Free Trade Agreement (FTA) that aspects of the agreement affecting public procurement, investments and services should recognise the varying level of development of ASEAN members and respect the right of all participants to regulate public services~~, particularly those relating to basic needs - this, however, should not prevent private companies filling in the gap where the state fails to provide services required by citizens~~;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 22

22. Notes that no WTO member has yet made any commitments on the water distribution sector; ~~recalls nonetheless, that any state is free to do so should it consider itself unable to provide the service which its citizens need;~~ stresses that should a such commitment be made it does not prohibit the state from setting levels of quality, safety, price or other policy objectives as they see fit, and the same regulations would apply to foreign suppliers as to local suppliers;

2008/06/04
Committee: INTA

2008/2004(INI)

Motion for a resolution
Paragraph 23

23. Notes that in some countries such as Pakistan and India private for-profit schools provide children from poorer families with an education resulting in better learning results without higher costs, as shown in a new report by the World Bank;deleted

2008/06/04
Committee: INTA

2008/2004(INI)

Evelyn REGNER, Antonio MASIP HIDALGO, Françoise CASTEX

Motion for a resolution
Paragraph 25

25. Believes that opening up the market in financial services in developing countries offers citizens and entrepreneurs access to funds in order to create local jobs and alleviate poverty since they are no longer forced to rely on state monopolies or institutions with links to ruling elites;deleted

2008/06/04
Committee: INTA

2008/0196(COD)

Proposal for a directive
Article 4 – title

~~Full~~Minimum harmonisation

2010/10/13
Committee: JURI

2008/0196(COD)

Evelyn REGNER, Antonio MASIP HIDALGO, Françoise CASTEX

Proposal for a directive
Article 4

Member States may ~~not~~ maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection.

2010/10/13
Committee: JURI

2008/0196(COD)

Proposal for a directive
Article 12 – paragraph 4

~~4. The Member States shall not prohibit the parties from performing their obligations under the contract during the withdrawal period.~~deleted

2010/10/13
Committee: JURI

2008/0196(COD)

Proposal for a directive
Article 12 – paragraph 4 a (new)

4a. In the case of distance contracts, Member States must not prohibit the parties from performing their obligations as laid down in this directive during the withdrawal period. In the case of off-premises contracts, this article shall be without prejudice to national provisions establishing a period within the withdrawal period during which performance of the contract cannot commence.

2010/10/13
Committee: JURI

2008/0196(COD)

Proposal for a directive
Article 28 – paragraph 1

1. The ~~trader~~enterprise shall be held liable under Article 25 ~~where the~~for any lack of conformity ~~becomes apparent within two years as from the time the risk passed to the consumer~~that exists at the time the risk passed to the consumer, even if that lack of conformity only becomes apparent subsequently.

2010/10/13
Committee: JURI

2008/0196(COD)

Stephen HUGHES, Alejandro CERCAS, Françoise CASTEX, Jutta STEINRUCK, Birgit SIPPEL

Proposal for a directive
Article 28 – paragraph 5 a (new)

5a. Member States shall have the option of maintaining or adopting national provisions relating to the legal guarantee of conformity that differ from those under this directive, in such a way as to ensure a higher level of protection for consumers.

2010/10/13
Committee: JURI

2008/0195(COD)

Proposal for a directive– amending act
–

The European Parliament rejects the Commission proposal.

2010/02/09
Committee: EMPL

2008/0070(COD)

Proposal for a recommendation
Recital 1

(1) The development and recognition of citizens’ knowledge, skills and competence are crucial for ~~individu~~their personal and professional development, and for competitiveness, employment and social cohesion in the Community. In this respect, they should facilitate trans-national mobility for workers and learners and contribute towards meeting the requirements of supply and demand in the European labour market. Participation in borderless lifelong learning for all, transfer, recognition and accumulation of individuals' learning outcomes achieved in formal, non-formal and informal contexts should therefore be promoted and improved at the national and Community levels.

2008/09/22
Committee: EMPL

2008/0070(COD)

Proposal for a recommendation
Recital 7

(7) ECVET is applicable for all learning outcomes which should in principle be achievable through a variety of education and learning paths, and then be transferred and recognised. This Recommendation therefore contributes to the wider objectives of promoting lifelong learning and increasing the employability, mobility and social inclusion of workers and learners~~, to the modernisation of the education and training systems, to~~. It fosters, in particular, the development of flexible and individualised VET pathways, to the linkage between education, training, employment and individuals’ needs, to the building of bridges between formal, non-formal and informal learning, and to the recognition of learning outcomes acquired through life and occupational experience.

2008/09/22
Committee: EMPL

2008/0070(COD)