63 Amendments of Patrick GAUBERT related to 2008/0140(CNS)
Amendment 44 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In its accompanying communication ‘Non-discrimination and equal opportunities: A renewed commitment’ of 2 July 2008 (COM(2008)0420 final), the Commission affirmed that the European Union already has one of the most advanced non-discrimination legal frameworks in the world.
Amendment 48 #
Proposal for a directive
Recital 9
Recital 9
Therefore, legislation should prohibit discrimination based on religion or belief, disability, age or sexual orientation in a range of areas outside the labour market, including social protection, education and access to and supply of goods and services, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 55 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive ishould be without prejudice to the exercise of the competences of the Member States in the areas of education, and social protection, including social security and health care. It ishould also be without prejudice to the essential role and wide discretion of the Member States in providing, commissioning and organising services of general economic interest.
Amendment 59 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others.
Amendment 61 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Owing to the excessive burden on small and medium-sized enterprises (SMEs), they should be afforded special protection, following the model of the US Civil Rights Act.
Amendment 68 #
Proposal for a directive
Recital 13
Recital 13
(13) In implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientation, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination.
Amendment 73 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Differences in treatment in connection with age and disability may be permitted under certain circumstances if they are objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. Such differences of treatment may include, for example, special age conditions regarding access to certain goods or services such as alcoholic drinks, arms, or driving licences. A legitimate aim may also be the promotion of the economic, cultural or social integration of young or old persons or persons with disabilities. Therefore, measures setting more favourable conditions for these persons, such as free or reduced fares for transport, museums, or sports facilities, are presumed to be compatible with the principle of non- discrimination.
Amendment 77 #
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors arcan be shown to be key factors for the assessment of risk.
Amendment 79 #
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where thesuch factors are shown to be keydetermining factors for the assessment of risk.
Amendment 84 #
Proposal for a directive
Recital 16
Recital 16
(16) All individuals enjoy complethe freedom to contract, including the freedom to choose a contractual partner for a transaction. This Directive shoulddoes not apply to economic transactions undertaken by individuals for whom these transactions do not constitute their professional or commercial activity. In this context the concept of professional or commercial activity must be defined in accordance with national laws and Member States’ practice.
Amendment 86 #
Proposal for a directive
Recital 16
Recital 16
(16) All individuals enjoy the freedom to contract, including the freedom to choose a contractual partner for a transaction. This Directive should not apply to economic transactions undertaken by individuals for whom these transactions do not constitute their professional or commercial activity.
Amendment 91 #
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, and the freedom of association. This Directive is without prejudice to national laws on marital or family status, including on reproductive rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or educationThis Directive does not apply to matters covered by family law, including marital status, and laws on reproductive rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education. Moreover, this Directive is without prejudice to the powers of the Member States to organise their social security and health care schemes in such a way as to guarantee their sustainability.
Amendment 98 #
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, and the freedom of association. This Directive is without prejudice to national laws on marital or family status and the value thereof, including on reproductive and adoption rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education.
Amendment 100 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In accordance with the aim and the scope of the present Directive and of previous Directives adopted on the same legal basis, this Directive seeks to prohibit discrimination on the grounds of religion or belief, age, disability and sexual orientation in relation to the access to social protection, including social security and healthcare; social advantages; education; and the access to, and the supply of, goods and other services which are available to the public, including housing. The Member States retain their general competences in these areas.
Amendment 106 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provide for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at schoolis Directive does not apply to the content of teaching or activities and the organisation of national educational systems, including the provision of special needs education.
Amendment 116 #
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. This Directive therefore respects national legislation guaranteeing their status and activities and shall not apply thereto. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on the Rights of Persons with Disabilities.
Amendment 120 #
Proposal for a directive
Recital 21
Recital 21
(21) The prohibition of discrimination should be without prejudice to the maintenance or adoption by Member States of measures intended to prevent or compensate for disadvantages suffered by a group of persons of a particular religion or belief, disability, age or sexual orientation. Such measures may permit organisations of persons of a particular religion or belief, disability, age or sexual orientation where their main object is the promotion of the special needs of those persons.
Amendment 124 #
Proposal for a directive
Recital 23
Recital 23
(23) Persons who have been subject to discrimination based on religion or belief, disability, age or sexual orientation should have adequate means of legal protection. To provide a more effective level of protection, associations, organisations and other legal entities should be empowered to engage in proceedings, including on behalf of or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment 132 #
Proposal for a directive
Article 1
Article 1
This Directive lays down a framework for combating discrimination on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation.
Amendment 142 #
Proposal for a directive
Article 2 – paragraph 2 – point (b)
Article 2 – paragraph 2 – point (b)
(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Amendment 144 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 145 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment, as defined and recognised by the laws of the Member States, can be deemed to be a form of discrimination within the meaning of paragraph 1.
Amendment 146 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment i, as deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an fined by the laws of the Member States, can be deemed to be a form of discriminatimidating, hostile, degrading, humiliating or offensive environmenton within the meaning of paragraph 1.
Amendment 147 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concepts of harassment and unwanted conduct may be defined in accordance with the national laws and practice of the Member States.
Amendment 149 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concept of harassment may be defined in accordance with the national laws and practice of the Member States.
Amendment 152 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shallmay also be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Amendment 165 #
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits,This Directive does not preclude differences of treatment on grounds of age and disability, if they are objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. Such differences of treatment may include the fixing of a specific age for access to social protection, including social security and healthcare; social advantages; education; and certain goods or services which are available to the public. The following are deemed to be compatible with the principle of non- discrimination: the setting of more favourable conditions for access to social protection, including social security and healthcare; social advantages; education; and certain goods or services which are available to the public, for young or old persons or for persons with disabilities, in order to promote their economic, cultural or social integration.
Amendment 167 #
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on the grounds of agelaid down in Article 1 shall not constitute discrimination, if, within the context of national law, they are justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary there is an objective reason for the violation thereof. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or services.
Amendment 176 #
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a keydetermining factor in the assessment of risk based on relevant and accurate actuarial or statistical datactuarial principles, accurate statistical data or medical knowledge shall not be considered discrimination for the purposes of this Directive.
Amendment 178 #
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age orand disability is a keydetermining factor in the assessment of risk based on relevant and accurate actuarial or statistical datactuarial principals, accurate statistical data or medical knowledge shall not be considered as discrimination for the purposes of this directive.
Amendment 189 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Within the limits of the powers conferred upon the Community, the prohibition of discrimination shall apply to all persons, as regards both the public and private sectors, including public bodies, provided they are performing a professional or commercial activity, in relation to:
Amendment 190 #
Proposal for a directive
Article 3 – paragraph 1 - point c
Article 3 – paragraph 1 - point c
Amendment 192 #
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activityThis directive should not apply to transactions undertaken by individuals for whom these transactions do not constitute a professional or commercial activity. In this context, the concept of professional or commercial activity may be defined in accordance with the national laws and practice of the Member states. Subparagraph (d) does not concern existing private and business buildings.
Amendment 196 #
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) access to and supply of goods and services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 197 #
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) access to and supply of goods and services which are available to the public, including housing. Subparagraph (d) shall not apply to individuals only insofar as they are performing a professional or commercial activityexisting private and business premises.
Amendment 199 #
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activitydoes not concern existing private and business buildings.
Amendment 200 #
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 201 #
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activdoesn’t cover transactions between private individuals acting in a private capacity.
Amendment 208 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive is without prejudice to national laws on marital or family statusegislation on marriage, family status and the benefits dependent thereon and reproductive rights.
Amendment 209 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive is without prejudicedoes not apply to nmational laws on marital or familyters covered by family law, including marital status, and laws on reproductive rights.
Amendment 211 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive is without prejudice to national laws on marital or family status and reproductivetheir importance and reproductive and adoption rights.
Amendment 218 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States fordoes not apply to the content of teaching, or activities and the organisation of theirnational educational systems, including the provision of special needs education. Member States may provide for differencesThis Directive is without prejudice to conditions based on religion or belief in treatment inspect of access to educational institutions, the ethos of which is based on religion or belief, in accordance with national laws, traditions and practice. It is also without prejudice to national measures authorising or prohibiting the wearing of religious symbols.
Amendment 239 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The advertising and media sector shall be excluded from the scope of this Directive.
Amendment 247 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transportelecommunications, electronic communication, information, also in accessible formats, modes of transport and other public spaces and facilities, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, ornature of the goods or services in question or of the nature of the trade, profession or undertaking in question. An alteration shall be regarded as fundamental if it alters the goods or services or the nature of a trade, profession or undertaking to such an extent that the provider of the goods andor services in question or require the provision of alternatives thes effectively providing a completely different kind of good or service. Extensive alterations to existing private and business premises shall constitute a disproportionate burden. In addition, Member States may determine what modifications or adjustments are to be considered appropriate.
Amendment 248 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transport, shall be provided by anticipation, including through appropriate modificatioelecommunications, electronic communication and information, as well as in accessible formats and means of trans por adjustmentt, and other public spaces and institutions. Such measures should not impose a disproportionate burden, nor require fundamesubstantial alteration of the social protecnature of the goods or services involved. An alteration, social advantages, health care, education, or goods and services in question or require the provision of alternatives theretohall be substantial if the good or service offered by the provider is entirely changed in terms of its purpose or destination. Major restructuring of premises or an extension to a building shall constitute a disproportionate burden.
Amendment 253 #
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) No breach of the ban on disadvantaging individuals shall be deemed to have occurred if there is an objective reason justifying a difference in treatment on grounds of religion or belief, disability, age or sexual orientation. In particular, this may be the case if the difference in treatment 1. is intended to rule out risks or prevent damage or to serve other, similar purposes, 2. takes account of the requirement to protect privacy or personal safety, 3. offers special advantages and there can be no interest in enforcing equal treatment. In connection with the rental of housing, different treatment with a view to establishing and maintaining socially stable tenancy patterns and balanced settlement structures and balanced economic, social and cultural conditions shall be admissible.
Amendment 255 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
b) NotwithstandingWithout prejudice to the obligation to ensure effective non-discriminatory access and where needed in a particular case, reasonable accommodation shall be provided unless this would impose a disproportionate burden. For the purposes of this provision, "reasonable accommodation" means measures needed in a particular case to enable a person with a disability to have access to and enjoy or exercise on an equal basis with others rights concerning social protection, including social security and health care, social advantages, education and access to goods and services in the meaning of Article 3, paragraph 1.
Amendment 260 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shall be taken, in particular, of the size and resources of the organisation or enterprise, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilities. The burden shall not be deemed disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned. Extensive rebuilding of existing private and business buildings shall constitute a disproportionate burden.
Amendment 266 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. When defining what constitutes a ‘disproportionate burden’ within the meaning of the second sentence of paragraph 1(a) and paragraph 1(b), due account shall be taken of the laws on equal treatment of persons with disabilities in force in each Member State and the interpretation of those laws by national courts.
Amendment 267 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In order to take account of particular conditions, the Member States may, if necessary, have an additional period of [X] years from the deadline for transposition to comply with paragraphs 1.
Amendment 272 #
Proposal for a directive
Article 5
Article 5
With a view to ensurpromoting full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to religion or belief, disability, age, or sexual orientation, with the exception of quota systems and automatic recruitment measures.
Amendment 274 #
Proposal for a directive
Article 5
Article 5
5. With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to religion or belief, disability, age, or sexual orientation.
Amendment 275 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate conciliation procedures, for the enforcement of obligations under this Directive are available to all persons who consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended.
Amendment 278 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 280 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall, where their judicial or administrative rules of procedure so permit, ensure that associations, organisations or other legal entities, which have a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided by national laws for the enforcement of obligations under this Directive.
Amendment 282 #
Proposal for a directive
Article 7 – paragraph 2 – second subparagraph a (new)
Article 7 – paragraph 2 – second subparagraph a (new)
This paragraph is without prejudice to the national judicial or administrative rules of procedure concerning representation and defence before the courts.
Amendment 286 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall, in accordance with their judicial systems, ensure that all persons who consider themselves wronged by failure to apply the principle of equal treatment to them may seek judicial redress in court within the time limit set by the national laws.
Amendment 287 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure, in accordance with their national judicial systems, that all persons who consider themselves wronged by failure to apply the principle of equal treatment to them can take legal action to assert their rights.
Amendment 289 #
Proposal for a directive
Article 8
Article 8
Amendment 292 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shallmay take such measures as are necessary, in accordance with their national judicial systems, to ensure that, when persons who consider themselves wronged because the principle of equal treatment has not been applied to them and facts suggesting the existence of discrimination have been establish,ed before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the prohibition of discrimination. This paragraph is without prejudice to existing national rules of procedure concerning the burden of proof in civil and criminal matters. In any event, adaptation of the rules on the burden of proof is only possible if the presumption is established and verified by a court or a competent body.
Amendment 299 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate a body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 318 #
Proposal for a directive
Article 14
Article 14
Member States shall lay down the rules on sanctions applicable to breaches of the national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are applied. Sanctions may comprise the payment of compensation, which may not be restricted by the fixing of a prior upper limit, and must be effective, proportionate and dissuasive.
Amendment 321 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by …. at the latest [twohree years after adoption]. They shall forthwith inform the Commission thereof and shall communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.