240 Amendments of Jacques TOUBON
Amendment 5 #
2008/2247(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the Commission's recommendation requesting Member States toExpresses doubts about the objective of limiting the liability of statutory accountants, with due regard for their own national legislation and circumstances; endorses the recommendation's objective, through greater convergence between Member States in this area, of bolstering the level playing field for undertakings and accountancy firms; calls on the Commission to inform Parliament no l and accountancy firms, as provided for in the Commission recommendation, as the methods advocated violate the principles governing the law of third-party liability in some Member States, such as the principle of the right to compensation for victims; stresses that it has also by no means been demonstraterd than in 2010 about the impact of the recommendation, the important issue in this connection being, in particular, whether and to what extent, in accordance with this directive’s objective, the recommendation is leading to more convergence between Member Statet such a limitation of the liability of accountants would be likely to render the accountancy market more competitive and that, on the contrary, it could increase the already substantial concentration in this sector of activity, while at the same time reducing the quality of audits;
Amendment 1 #
2008/2237(INI)
Draft opinion
Recital A
Recital A
A. Whereas small and medium sized enterprises (SMEs) account for more than 99% of EU enterprises and are of the utmost importantce for fulfilling the objectives of the Lisbon strategy as regards growth and jobs and for the competitiveness and robustness of the economy due to their diversity and ability to rapidly adapt to market conditions,
Amendment 2 #
2008/2237(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas SMEs make an essential contribution to social cohesion, innovation, regional development and Europe’s ability to compete,
Amendment 4 #
2008/2237(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Small Business Act (SBA) as a framework for a comprehensive political approach towards SMEs while respecting their diversity; calls however for further measures to ensure that they can benefit fully from the opportunities offered by the Single Market, notably by providing a graduated response so as to take account of their diversity, in particular with regard to cottage industries and small businesses;
Amendment 7 #
2008/2237(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the importance of simplifyingtaking measures suited to the real needs of SMEs, and particularly the smallest of them, notably as regards access to, cost of and implementation of standards, reducing administrative burdens and betterimproving regulation, as well asnd the stability of legal provisions; also draws attention to the need to simplifying procedures relating to business transfers and to the importance of sensitising, informing and supporting company directors in this process, to avoid businesses closing when entrepreneurs retire;
Amendment 19 #
2008/2237(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages the Commission and Member States to facilitate the access of SMEs to public contracts, in particular by standardising the documents required and the different platforms for dematerialisation of public contracts, and by making more frequent use of phased payments;
Amendment 22 #
2008/2237(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission and Member States to step up their efforts for promoting and providing information on the existence of Community funds and state aids, and to make these two kinds of instrument not only more accessible but also more comprehensible;
Amendment 24 #
2008/2237(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 1 #
2008/2233(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas, in accordance with the principles of subsidiarity and proportionality, the adoption of a Community instrument in the field of judicial cooperation in civil matters having cross-border implications can only be considered if it can be shown that on a national level it is impossible to remove an obstacle preventing the establishment of the internal market,
Amendment 3 #
2008/2233(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in plain terms, recalcitrant debtors aredebt recovery is a major problem, which is made worse where claims are cross-border in nature, particularly for small businesses which do not have specialised lawyers or dedicated debt-collection departments at their disposal and are often placed in the invidious position of having to commit staff, scarce financial resources and, above all, time to this problem rather than to productive activities,
Amendment 7 #
2008/2233(INI)
Motion for a resolution
Recital D
Recital D
Amendment 8 #
2008/2233(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the adoption of Community legislation concerning the effective enforcement of judgments must apply to all debtors without a distinction being made in advance between debtors acting in good or in bad faith,
Amendment 9 #
2008/2233(INI)
Motion for a resolution
Recital E
Recital E
Amendment 10 #
2008/2233(INI)
Motion for a resolution
Recital F
Recital F
Amendment 11 #
2008/2233(INI)
Motion for a resolution
Recital G
Recital G
G. whereas any Community action to make information available needs to be considered in the context of these types of cases, in which lack of information causes serious injustice; whereas, unless there is information available to the creditor about the assets of a recalcitrant debtor which may be taken in enforcement of a judgment, the creditor will not be able to enforce it,
Amendment 17 #
2008/2233(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Agrees with the Commission that cross- border debt recovery through enforcement of judicial decisions is a major internal market problem, but considers that none of the solutions mooted by the Commission will help with the most difficult problem, that of recalcitrant debtors who are unscrupulous in honouring their civil obligations and have the means at their disposal to evade them;
Amendment 27 #
2008/2233(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 34 #
2008/2233(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 39 #
2008/2233(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that there is no need for Community action in this area, although the Community could encourage Member States which do not provide for debtor's declarations to make provision in their legislation for effective instruments of this natures long as it is not proved that the Member States' existing instruments are not efficient;
Amendment 41 #
2008/2233(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 45 #
2008/2233(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 47 #
2008/2233(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that in small cases, particularly where legal costs could otherwise be prohibitive, justice delayed is justice denied and that, in larger cases, it can be the absence of information about assets which proves to be the greatest obstacle; considers therefore that recourse to provisional measures orders can provide a neat solution in both types of cases;
Amendment 48 #
2008/2233(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 50 #
2008/2233(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 34 #
2008/2215(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas sports betting activities and other online games have developed rapidly and in an uncontrolled manner (particularly cross-border on the Internet) the ever present threat of match-fixing and the phenomenon of “lay bets” on specific events in sports matches makes sports particularly vulnerable to illegal betting behaviour,
Amendment 38 #
2008/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that, in accordance with the principle of subsidiarity, Member States have a legitimate interest in monitoring and regulating their gambling markets in order to protect consumers against addiction, fraud, money-laundering and fixed gamesmatch-fixing in sport as well as to protect the culturally- built funding structures which finance sports activities and other social causes in the Member States; underlines that online gambling operators should comply with the legislation of the Member State in which they provide their services;
Amendment 71 #
2008/2215(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that criminal activities such as money-laundering and black economies can be associated with gambling activities, and impact on the integrity of sports events; and that the threat to the integrity of sport and sporting competitions impacts heavily on grassroots participation, a key contributor to public health and social integration; and could result in a loss of public trust if a sport is perceived as the subject of manipulation for the financial gain of players, officials or third parties rather than played according to its values, rules and for the enjoyment of its fans;
Amendment 81 #
2008/2215(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Member States to ensure that sports competition organisers, betting operators and the appropriate regulators cooperate on measures to tackle the risks related to illegal betting behaviour and match-fixing in sport, and explore the establishment of a workable, equitable and sustainable regulatory framework for the financing of measures to protect the integrity of sports and ensure fair financial returns to the benefit of all levels of professional and amateur sport;
Amendment 85 #
2008/2215(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights that sports bets are a form of commercial exploitation of sporting competitions;
Amendment 88 #
2008/2215(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Recommends that Member States protect sports competition organisers from any unauthorised commercial use of their competitions by a legal "competition organisers right", notably requiring betting operators to reach agreement with competition organisers before taking bets on their competitions;
Amendment 3 #
2008/2133(INI)
Draft opinion
Citation 5 a (new)
Citation 5 a (new)
– having regard to Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights1, ___________ 1 OJ L 196, 2.8.2003, p. 7.
Amendment 4 #
2008/2133(INI)
Draft opinion
Citation 5 b (new)
Citation 5 b (new)
– having regard to the Communication from the Commission to the European Parliament, the Council and the Economic and Social Committee, entitled An Industrial Property Rights Strategy for Europe (COM(2008)0465),
Amendment 7 #
2008/2133(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Draws attention to the need to respect the four fundamental freedoms of the internal market and improve its operation;
Amendment 9 #
2008/2133(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CRecognises the gravity and disturbing growth of the phenomenon of counterfeiting and piracy, in particular, in a globalised economy, for the Union’s competitiveness, its businesses, manufacturers and consumers, and calls on the Members States to ensure sufficient education of consumers about the considerable risks forto health and safety of purchasing counterfeit products, including medicines;
Amendment 12 #
2008/2133(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 13 #
2008/2133(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Insists in this connection on the need to mobilise all the operators concerned to strengthen the effectiveness of instruments for combating counterfeiting and piracy in the internal market;
Amendment 16 #
2008/2133(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission to step up the fight against counterfeiting and piracy by international agreements with third countries; welcomes in this respect the initiatives to strengthen cooperation with China;
Amendment 17 #
2008/2133(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reminds the Member States of the importance of having a Community patent and a jurisdictional system for patents as a way of ensuring compliance with users’ intellectual property rights throughout the Union’s territory, and thus permitting innovative businesses to protect their inventions as well as possible and profit from them more effectively;
Amendment 20 #
2008/2133(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls, bearing in mind that the fragmentation of sanction systems is harmful to the internal market and weakens the Union on the international scene, the importance of the above- mentioned proposal for a directive on criminal measures aimed at ensuring the enforcement of intellectual property rights;
Amendment 22 #
2008/2133(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. CDraws attention to the importance of harmonising intellectual property rights and existing national and Community patents in combating counterfeiting, and calls on the Member States to encourage companies to register their products and brands in order to be able to fight piracy more effectively;
Amendment 23 #
2008/2133(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to encourage action to back up the legislation, in particular to introduce a European Day to raise awareness of the dangers of counterfeiting, so as to encourage a change of perception by the public with regard to the phenomenon of counterfeiting and piracy;
Amendment 24 #
2008/2133(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to establish a centralised coordination unit in the fight against counterfeiting; European counterfeiting observatory, as a body backed up by the Commission’s departments, responsible for coordinating the fight against counterfeiting and piracy, so as to obtain a regular assessment of the scale of counterfeiting and piracy and a clearer analysis of those phenomena; considers that the creation of such an observatory is needed to give greater weight to the Union’s position on the international scene;
Amendment 26 #
2008/2133(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to improve coordination between its directorates- general and its staff involved in action against counterfeiting and piracy so as to improve legibility for businesses and individuals;
Amendment 27 #
2008/2133(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to develop a scoreboard to measure the Member States' customs performance in order to further the fight against counterfeiting, and to put in place a rapid information exchange network on counterfeit products, based on the national contact points and modern information exchange tools;
Amendment 28 #
2008/2133(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States to step up coordination between their customs services and to apply Community rules on customs duties uniformly throughout the Union;
Amendment 29 #
2008/2133(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls on the Commission to put forward appropriate proposals to encourage partnerships between the public and private sectors to fight against counterfeiting and piracy;
Amendment 31 #
2008/2133(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses the need to develop effective measures against Internet websites that facilitate the supply of counterfeit goodparticularly through agreements between professionals at European level, against Internet websites that facilitate the supply of counterfeit and pirated goods while complying with the general principles of Community law such as the protection of personal data and the protection of property rights;
Amendment 33 #
2008/2133(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Insists on the need to develop suitable and continuing training for the customs staff, judges and professionals concerned, and to encourage Member States to set up special teams to combat counterfeiting;
Amendment 10 #
2008/2121(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 15 #
2008/2121(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Welcomes the fact that the Commission has set up a platform bringing together representatives of industry, rightholders, and consumers in order to carry out a completely impartial review of the position regarding copyright levies and the issues that they raise, especially in the digital environment; calls on the Commission to supply progress reports on the platform’s proceedings;
Amendment 16 #
2008/2121(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
Amendment 25 #
2008/2121(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Calls on the Commission to broaden the scope of its next review of Directive 2001/29/EC to cover the implementation of Article 3(2)(a) thereof; believes that the Commission should consider new ways of improving the situation for performers if enforcement of the law provided for by that provision is found to be wanting;
Amendment 3 #
2008/2099(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that spectrum is a key resource and important for the effective functioning of the internal market; agrees that the digital dividend is a unique opportunity to open up sufficient spectrum for broadcasters to develop and expand their services and to cover at the same time the fast growing demand for wireless communication services, especially in rural areas; underlines that the use of market mechanisms should safeguard the interests of consumers and encourage the take up of innovative products and servicesgreater investment should be made at national and European level to encourage the take up of innovative products and services; underlines that efforts to secure access to broadband services should not be focused on the digital dividend alone;
Amendment 4 #
2008/2099(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the divergence in national regimes for spectrum allocation and exploitation and notes the fact that these differences may represent serious obstacles into the achievement of an effectively functioning single market;
Amendment 8 #
2008/2099(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of technical neutrality to promote innovation and interoperability; calls for a more flexible and transparent policy for the consideration of the public interest which includes homogeneous territorial coverage, pluralism of the media, cultural diversity and protection against interference;
Amendment 9 #
2008/2099(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to support enhanced cooperation measures between spectrum management authorities to consider areas where common spectrum allocation would allow new technologies and services to emerge;
Amendment 10 #
2008/2099(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Agrees to the need for coordination at EU level to ensure that the full potential of the digital dividend is unlocked, but also underlines the need to ensure flexibility to address variances at national lenational regulatory prerogativels, such as local social and market needs; agrees that anywhere common spectrum planning at EU level is necessary, it should remain under the constant review of democratically legitimate institutions so that appropriate adjustments can be made;
Amendment 12 #
2008/2099(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Agrees to the Commission proposal to move towards a commonmore coherent spectrum planning at EU level and to prepare the required measures to reserve and coordinate common bands at EU levela sub-band for cross-border services.
Amendment 95 #
2008/2015(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that any future low-carbon energy policy must also investigate the possible contribution of nuclear power to the energy mix of the future, focusing on not only the possible reduction in carbon dioxide emissions but also on the investment required, the security of uranium supply, the operation of the plants, technological and international safety issues and also the unresolved question of the disposal of waste, in comparison to renewable energy sourcesin order to genuinely reduce greenhouse gas emissions in the energy sector more use must be made of low-carbon technologies, such as nuclear energy, which also contributes to security of supply;
Amendment 102 #
2008/2015(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes that most Community funding allocated to fission under the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for Nuclear Research and Training Activities (2007-2011) is allocated to safety research, and notes that to best meet the Union’s strategic criteria the Community effort should be allied with research aiming to develop a new generation of sustainable nuclear technology allowing the potential of nuclear energy to be extended over thousands of years by improving fuel efficiency and very significantly reducing the volume of final waste;
Amendment 61 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No. 717/2007/EC
Article 6a – paragraph 1
Article 6a – paragraph 1
1. Home providers shall ensure that their roaming customers are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate the customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. In addition, data shall not be downloaded unless agreed or requested in advance by the roaming customer. Unless otherwise requested by a user who does not wish this protection, validation by the customer is required before any connection is made to a roaming data clearing network.
Amendment 65 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 2 – subparagraph 1
Article 6 a – paragraph 2 – subparagraph 1
From 1 July 2009 at the latest, an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State concerned, except when the customer has notified his home provider that he does not require this information.
Amendment 68 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 2 – subparagraph 2
Article 6 a – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's’ mobile telephone or other device, when the roaming customer enters a Member State or initiates a regulated data roaming service in a particular Member State other than that of his home network for the first time after having entered thata Member State. It shall be provided without undue delay and free of charge, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 77 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 1
Article 6 a – paragraph 3 – subparagraph 1
By 1 July 2010 at the latest, theeach home providers shall provide a 'Cut-Off Limit' facility whereby they offer and keep available to all their roaming customers, free of charge, the possibility to specify in advance a maximum financial limit, expressedto all its roaming customers, free of charge, a facility which provides information on the accumulated consumption expressed in volume or in the currency in which the roaming customer is billed, for their outstanding charges for regulated data roamregulated data roaming services. To this end, the home provider shall make available one or more maximum usage limits for specified periods of use. One of these limits shall be close to, but not exceed, 50 EUR (excluding VAT) or 20 MB per monthly billing spervicesiod.
Amendment 90 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 2
Article 6 a – paragraph 3 – subparagraph 2
When this Cut-Off Llimit is reached, the home provider shall, either automatically or upon customer request, immediately cease to provide the roaming customer with regulated data roaming services, unless and until the roaming customer requests the continued or renewed provision of those services.
Amendment 96 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007/EC
Article 6 a – paragraph 3 – subparagraph 3
Article 6 a – paragraph 3 – subparagraph 3
The home provider shall also ensure that an appropriate warning message is sent to the roaming customer's mobile telephone or other device before one or more intermediate charge limits, agreed between the customer and the home provider in advance, arethe agreed limit is reached. This warning message shall inform the roaming customer that the Cut-Off Llimit is about to be reached and indicate the procedure to be followed by the customer if he or she wishes to request the continued or renewed provision of those servicesprovide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State concerned.
Amendment 119 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Regulation (EC) No 717/2007/EC
Article 6 b (new)
Article 6 b (new)
(11a) The following Article shall be inserted: "Article 6b Transparency for roaming customers related to the visited network 1. Each home provider shall provide its roaming customers, automatically and free of charge, with full information on available networks in visited Member States and on their ability to choose the network on which he wishes to roam. Home providers shall in particular communicate to all roaming customers the way to choose his visited network in a clear and unbiased manner. 2. Home providers shall ensure that their roaming customers are able to choose, easily and at the first attempt, the visited network while abroad. 3. In order to ensure that roaming customers are free to choose the visited network, network operators shall not prohibit or make difficult manual selection by roaming customers. 4. If a roaming customer can benefit from different tariffs in one Member State depending on the chosen visited network, the home provider shall inform the roaming customer of the tariff differences."
Amendment 16 #
2008/0182(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 78/855/EEC
Article 6
Article 6
Amendment 19 #
2008/0182(COD)
Proposal for a directive – amending act
Article 1 – point 9 (a)
Article 1 – point 9 (a)
Directive 78/855/CEE
Article 25 – introductory part
Article 25 – introductory part
Amendment 25 #
2008/0182(COD)
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 82/891/EEC
Article 4
Article 4
"Such publication shall not be required from a company ifA company may, for a continuous period beginning noat later thaneast one month before the day fixed for the general meeting, it which is to decide on the draft terms of division, also makes available the draft terms of such division on its own or on any other Internet site. Where a company makes use of this possibility it shall publish a reference that gives access to that Internet site oin the central electronic platform referred to inaccordance with Article 3 (4) of Directive 68/151/EEC. That reference shall include the date of the publication of the draft terms of division on the Internet site."
Amendment 31 #
2008/0182(COD)
Proposal for a directive – amending act
Article 3 – point 1
Article 3 – point 1
Directive 2005/56/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
"A publication in accordance with the first subparagraph shall not be required from a company ifcompany may, for a continuous period beginning noat later thaneast one month before the day fixed for the general meeting, the company which is to decide on the draft terms of merger, also makes available the draft terms of such merger on its own or on any other Internet site. Where a company makes use of this possibility it shall publish a reference that gives access to that Internet site oin the central electronic platform referred to inaccordance with Article 3 (4) of Directive 68/151/EEC. The reference shall include the date of the publication of the draft terms of merger on the Internet site."
Amendment 3 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Performers generally start their careers young and the current term of protection of 50 years with regard to performances fixed in phonogramthe fixation of performances and forto phonograms often does not protect their performances during their entire lifetime. Therefore, performers face an income gap at the end of their lifetimes. They are also often not able to rely on their rights to prevent or restrict objectionable uses of their performances that occur during their lifetimes.
Amendment 5 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The term of protection for fixations of performances and for phonograms should therefore be extended to 95 years after publication of the phonogram and the performance fixed therein. If the phonogram or the performance fixed in a phonogram has not been published within the first 50 years, then the term of protection should run for 95 years from the first communication to the publicthe relevant trigger point.
Amendment 6 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The term of protection for fixations of performances and for phonograms should therefore be extended to 95 years after publication of the phonogram and the performance fixed therein. If the phonogram or the performance fixed in a phonogram has not been published within the first 50 years, then the term of protection should run for 95 years from the firstr communication to the public.
Amendment 7 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Performers generally start their careers young and the current term of protection of 50 years with regard to performances fixed in phonograms and for phonogramthe fixation of performances often does not protect their performances during their entire lifetime. Therefore, performers face an income gap at the end of their lifetimes. They are also often not able to rely on their rights to prevent or restrict objectionable uses of their performances that occur during their lifetimes.
Amendment 9 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) Ask the Commission to launch an impact assessment procedure of the situation of the European audiovisual sector as the Commission did for the music sector to consider the eventual need for an extension of term of protection of copyright to the producers and broadcasters of the audiovisual sector.
Amendment 12 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 12
Recital 12
Amendment 14 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 13
Recital 13
(13) Those monies should be reserved solely for the benefit of performers whose performances are fixed in a phonogram and who have transferred their rights to the phonogram producer against a one-off payment. The monies set aside in this manner should be distributed to non- featured performers at least once a year on an individual basis. Member States may requishould ensure that distribution of those monies is entrusted to collecting societies representing performers. When the distribution of those monies is entrusted to collecting societies, nNational rules on non-distributable revenues may be applied.
Amendment 15 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The term of protection for fixations of performances and for phonograms should therefore be extended to 95 years after publication of the phonogram and the performance fixed therein. If the phonogram or the performance fixed in a phonogram has not been published within the first 50 years, then the term of protection should run for 95 years from the first communication to the publicthe relevant trigger point.
Amendment 15 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to rebalance contracts under which performers transfer their exclusive rights, on a royalty basis, to a phonogram producer, a further condition attached to term extension should be a 'clean slate' for those performers who have assigned those rights to phonogram producers in return for royalties or remuneration. In order for performers to benefit fully from the extended term of protection, Member States should ensure that, under agreements between phonogram producers and performers, a royalty unencumbered by advance payments or contractually defined deductions is paid to performers during the extended period.
Amendment 18 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
- if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the public within this period, the rights shall expire 950 years from the date of the first such publication or the first such communication to the public, whichever is the earlier,
Amendment 21 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 8
Recital 8
(8) Upon entering into a contractual relationship with a phonogram producer, performers normally have to transfer to the phonogram producers their exclusive rights of reproduction, distribution, rental and making available of fixations of their performances. In exchange, performers are paid an advance on royalties and enjoy payments only once the phonogram producer has recouped the initial advance and made any contractually defined deductions. Performers who play in the background and do not appear in the credits ("non-featured performers") as well as some other performers who appear in the credits ("featured performers") usually transfer their exclusive rights against a one-off payment (non recurring remuneration).
Amendment 24 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 2
Article 10a – paragraph 4 – subparagraph 2
Amendment 25 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. Member States may regulate whether and to what extent administration by collecting societies ofshall ensure that the right to obtain an annual supplementary remuneration referred to in paragraph 3 may be imposedis administered by the collecting society.
Amendment 28 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
6. If, after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases to offer copies of the phonogram for sale in sufficient quantity or to make it available to the public, by wire or wireless means, in such a way that members of the public may access them from a place antd at a time individually chosen by them, the performer may terminate the contract on transfer or assignment. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointlyin accordance with the applicable national laws. If the contract on transfer or assignment is terminated pursuant to sentences 1 or 2, the rights of the phonogram producer in the phonogram shall expire.
Amendment 30 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 12
Recital 12
Amendment 33 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 13
Recital 13
(13) Those monies should be reserved solely for the benefit of performers whose performances are fixed in a phonogram and who have transferred their rights to the phonogram producer against a one-off payment. The monies set aside in this manner should be distributed to non featuredthese performers at least once a year on an individual basis. Member States may requishould ensure that distribution of those monies is entrusted to collecting societies representing performers. When the distribution of those monies is entrusted to collecting societies, nNational rules on non-distributable revenues may be applied.
Amendment 37 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) In order to ensure that performers that transfer their exclusive rights against a recurring payment or remuneration to a producer benefit fully from the extended term of protection, Member States shall ensure that the royalty or remuneration rate unencumbered by deductions for advance payments or contractually defined deductions is paid to performers during the extended period.
Amendment 51 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
(19) Consequently, the harmoniszation of the term of protection in musical compositions with words is incomplete, giving rise to impediments to the free movement of goods and services, such as cross-border collective management services. In order to ensure removal of such impediments, all such works in protection at the [date of this Directive] shall have the same, harmonised term of protection in all member states.
Amendment 55 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1 – sentence 2
Article 3 – paragraph 1 – sentence 2
However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the publichas been lawfully published within this period, the said rights shall expire 950 years from the date of the first suchlawful publication or the first such communication to the public, whichever is the earlier, - if a fixation of the performance in a phonograph is lawfully published or. If no lawful publication has taken place within the period mentioned in the first sentence, and if a fixation of the performance has been lawfully communicated to the public within this period, the said rights shall expire 95 years fromafter the date of the first such publication or the first suchlawful communication to the public, whichever is the earlier.
Amendment 75 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. Paragraphs 3 to 6 7of this article shall apply to contracts on transfer or assignment which continue to produce their effects beyond the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram.
Amendment 81 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 2
Article 10a – paragraph 4 – subparagraph 2
Amendment 83 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. Member States may regulate whether and to what extent administration by collecting societies ofshall ensure that the right to obtain an annual supplementary remuneration referred to in paragraph 3 may be imposedis administered by the collecting society.
Amendment 91 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
6. If, after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases to offer copies of the phonogram for sale in sufficient quantity or to make it available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, the performer may terminate the contract on transfer or assignment. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointlyin accordance with the applicable national laws. If the contract on transfer or assignment is terminated pursuant to sentences 1 or 2, the rights of the phonogram producer in the phonogram shall expire.
Amendment 98 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 – subparagraph 2
Article 10a – paragraph 6 – subparagraph 2
If, onfive years after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram is not made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, the rights of the phonogram producer in the phonogram and the rights of the performers in relation to the fixation of their performance shall expire.
Amendment 102 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 a (new)
Article 10a – paragraph 6 a (new)
6a. Where a performer is entitled to recurring payments, no advance payments nor any contractually agreed deductions shall be deducted from the payments to the performer after the moment at which, by virtue of Article 3 (1) before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer would be no longer protected.
Amendment 106 #
2008/0157(COD)
Proposal for a directive – amending act
Article 2 a (new)
Article 2 a (new)
The following Article shall be inserted "Article 2a No later than ... *, and every four years thereafter, the Commission shall submit a report to the European Parliament, the Council and the European Economic and Social Committee on the application and effects of this Directive in which inter alia, on the basis of specific information supplied by the Member States, it considers the effectiveness of the measures taken, when this Directive was revised, in the light of the objectives pursued. The Commission shall examine in particular whether extension of the duration of rights has had a positive effect on the social situation of performers and on musical output and whether additional measures appear appropriate in order to realise those objectives. * Three years after the date of transposition of this Directive."
Amendment 53 #
2008/0142(COD)
Proposal for a directive
Recital 10
Recital 10
(10) For the purpose of this Directive, the concept of "‘cross-border healthcare"’ covers the following modes of supply of healthcare: – Use of healthcare abroad (i.e.: a patient moving to a healthcare provider in another Member State for treatment); this is what is referred to as '‘patient mobility'; – Cross-border provision of healthcare (i.e.: delivery of service from the territory of one Member State into the territory of another); such as telemedicine services, remote diagnosis and prescription, laboratory services; – Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, – Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services).’;
Amendment 140 #
2008/0142(COD)
Proposal for a directive
Article 4 – point a
Article 4 – point a
(a) "‘healthcare"’ means a health service providor a healthcare product provided or prescribed by or under the supervision of a health professional in exercise of his profession, and regardless of the ways in which it is organised, delivered and financed at national level or whether it is public or private;
Amendment 143 #
2008/0142(COD)
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) "cross-border healthcare" means healthcare provided in a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is established;
Amendment 149 #
2008/0142(COD)
Proposal for a directive
Article 4 – point d
Article 4 – point d
(d) "health professional" means a doctor of medicine or a nurse responsible for general care or a dental practitioner or a midwife or a pharmacist within the meaning of Directive 2005/36/EC or another professional exercising activities in the healthcare sector which are restricted to a regulated profession as defined in Article 3(1)(a) of Directive 2005/36/EC; or a person legally exercising healthcare activities in the Member State of treatment.
Amendment 171 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Member States of treatment shall be responsible for the organisation and the delivery of healthcare. In such a context and taking into account principles of universality, access to good quality care, equiHealthcare must be provided in accordance with the quality and safety stand solidarity, they shall define clear quality and safety standards for healthcare providedards laid down by the Member State of treatment. The Member State onf their territory, andreatment must ensure that:
Amendment 172 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) mechanismpatients are in place for ensuring that healthcare providers are able to meet such standards, taking into account international medical science and generally recognised good medical practicesceive on request information on such standards, including provision of care and assessment;
Amendment 178 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 298 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. In any event, a Member State may refuse to grant prior authorisation if the same treatment can be provided within its territory, within a medically justifiable time period, taking into account the patient's current state of health and the probable course of the disease.
Amendment 76 #
2008/0130(CNS)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
ea) it shall have a cross–border component, in the form of a corresponding business object.
Amendment 105 #
2008/0130(CNS)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Registration of the SPE may be subject to only one of the following requirements: (a) a control by an administrative or judicial body of the legality of the documents and particulaCompliance of the SPE's documents and particulars with this Regulation and, if applicable, with national law and the articles of association shall be certified by the founding shareholders ofr the SPE; (b) the certification of the documents and particul or shall be subject merely to a single control by a judicial body or by a notarsy of the SPEr by another competent authority.
Amendment 146 #
2008/0130(CNS)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The capital of the SPE shall be at least EUR 1 000.
Amendment 170 #
2008/0130(CNS)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Amendment 22 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 1 – point c a (new)
Article 1 – point 1 – point c a (new)
Decision 2001/470/EC
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
(ca) The following paragraph 4a is added: “4a. Member States shall designate the professional associations referred to in paragraph 1(e). To that end, they shall obtain the agreement of the associations concerned regarding their participation in the Network.”
Amendment 25 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Decision 2001/470/EC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(ba) The following paragraph 2a is added: “2a. The professional associations referred to in Article 2(1)(e) shall work with the contact points, in accordance with procedures to be laid down by each Member State, to perform the following tasks and activities assigned to the Network: – facilitating judicial cooperation between Member States in civil and commercial matters; – facilitating enforcement, to enable Community acts or conventions in force between two or more Member States to be effectively applied at the practical level by legal professionals; – facilitating access to justice, for instance by helping, whenever necessary, to draw up and update the information sheets referred to in Article 15. With a view to accomplishing the above tasks and disseminating their experience as widely as possible, the contact points shall remain regularly in communication with the professional associations. To that end, the contact points shall supply them with general information about the implementation of Community acts or international instruments on judicial cooperation in civil and commercial matters, excluding any information relating to an individual case.”
Amendment 27 #
2008/0122(COD)
Proposal for a decision – amending act
Article 1 – point 11
Article 1 – point 11
Decision 2001/470/EC
Article 13 a
Article 13 a
Provision of general information to the public by The Network’s contact points shall gradually be made more accessible to the publicthe contact points public The Network shall serve to inform the public in general terms, using the most appropriate technological facilities to inform it about the content and application of Community or international instruments on judicial cooperation in civil and commercial matters and, where necessary, to direct it to the authorities responsible for their actual application, in particular those. To that end and without prejudice to Article 1, the contact points shall, for public information purposes, promote the information system referred to in Article 614.”
Amendment 55 #
2008/0100(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 76 #
2008/0100(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Vehicles in categories M1 shall be equipped with a Tyre Pressure Monitoring System, capable of warning the driver when any tyre is operating at a dangerously low pressure level which is unsafe, and advising the driver when any tyre ismay be operating at a pressure level significantly below the optimum recommended pressure for good fuel consumption. The technology chosen shall be neutral and cost-effective and may not jeopardise affordability for the customer and consequently fleet renewal.
Amendment 85 #
2008/0100(COD)
Proposal for a regulation
Article 10 - paragraph 1
Article 10 - paragraph 1
Amendment 90 #
2008/0100(COD)
Proposal for a regulation
Article 10 - paragraph 2
Article 10 - paragraph 2
2. Vehicles in Categories M2, M3, N2 and N3 shall be equipped with a Lane Departure Warning System which shall meet th3 and N3 defined as tractor 4x2 or 6x2 above 16t and rigid 4x2 and 6x2 above 16t authorised to tow an O4 trailer and M3 exceeding 12t Class II and III shall be requirements of this Regulation. Any Lane Departure Warning System voluntarily fitted by the manufacturer to a vehicle in categories M1 or N1pped with a Lane Departure Warning System which shall meet the requirements of this Regulation.
Amendment 115 #
2008/0100(COD)
Proposal for a regulation
Article 11 - paragraph 7
Article 11 - paragraph 7
7. With effect from 29 October 201372 months from the date of adoption of technical requirements, national authorities shall refuse, on grounds relating to the areas of vehicle safety covered in Article 10, to grant EC type-approval or national type- approval in respect of new types of vehicle of the categories M2, M3, N2 and N3, to grant EC type-approval or national type- approval in respect of new types of vehicle of categories M1 and N1defined in Article 10(1) and (2) of this Regulation fitted with an Advanced Emergency Braking System and/or a Lane Departure Warning System, and to grant EC component/separate technical unit type-approval with respect to new types of Advanced Emergency Braking Systems and Lane Departure Warning Systems intended therefore, which do not comply with the relevant provisions of this Regulation.
Amendment 121 #
2008/0100(COD)
Proposal for a regulation
Article 11 - paragraph 8
Article 11 - paragraph 8
8. With effect from 29 October 201596 months after the adoption of technical requirements, national authorities shall, on grounds relating to vehicle safety covered in Article 10, in the case of new vehicles of the categories M2, M3, N2 and N3 and new vehicles of categories M1 and N1defined in Article 10(1) and (2) of this Regulation fitted with an Advanced Emergency Braking System and/or a Lane Departure Warning System which do not comply with the relevant provisions of this Regulation, consider certificates of conformity to be no longer valid for the purposes of Article 26 of Directive 2007/46/EC and shall prohibit the registration, sale and entry into service of such vehicles, and, in the case of new Advanced Emergency Braking Systems and Lane Departure Warning Systems intended therefore which do not comply with the relevant provisions of this Regulation, shall prohibit their sale and entry into service.
Amendment 126 #
2008/0100(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 134 #
2008/0100(COD)
Proposal for a regulation
Annex I - Part A a (new)
Annex I - Part A a (new)
C1 tyres shall meet the following requirements - as of 29 October 2016 for new* tyre types - as of 29 October 2018 for new* tyres equipping vehicles manufactured from that date * “new” refers to the date of production of the tyre Table Category of use Wet grip index (G) All tyres ≥ 1,2
Amendment 11 #
2008/0083(COD)
Proposal for a directive – amending act
Recital 6
Recital 6
(6) In order to allow for a cost effective publication that provides users with easy access to the information Member States should make mandatory the use of a central electronic platform. They may, in keeping with their national practices and obligations, also provide for publication by other means. They should, furthermore, ensure that this publication and any additional publication duties they may impose on companies in this context, do not lead to any specific fees, in addition to over and above those that may be charged for entries in the register.
Amendment 13 #
2008/0083(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 68/151/EEC
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
4. Disclosure of the documents and particulars referred to in Article 2 shall be effected by publication through a central electronic platform that allows access to the information disclosed in chronological order. Member States may require the documents to be published by other means as well.
Amendment 15 #
2008/0083(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 68/151/EEC
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
Member States shall ensure that companies are not charged a specific fee in respect of the publication obligation through a central electronic platform or any additional publication obligation imposed by Member States relating to those documents and particulars. This paragraph is without prejudice to the freedom of Member States to pass on to companies costs including those connected with the setting up and operation of the central electronic platform.
Amendment 16 #
2008/0083(COD)
Proposal for a directive – amending act
Article 1
Article 1
Directive 68/151/EEC
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
Member states shall ensure that companies are not charged a specific fee, in respect of theadditional publication obligation through a central electronic platform os, any specific fees over anyd additional publication obligation imposed by Member States relating to those documents and particularsbove the single publication fee.
Amendment 115 #
2008/0018(COD)
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) It is necessary to apply a harmonised transition period of two years after the entry into force of this directive to provide an opportunity to comply with its provisions. A specific transition period of five years after the publication of the revised safety standards for chemical properties is also needed to enable toy manufacturers and economic operators enough time to adjust to the new technical requirements relating to chemical properties and to ensure uniform application of this directive throughout the European Union.
Amendment 128 #
2008/0018(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Since toys may exist or be developed which present hazards which are not covered by a particular safety requirement laid down in this Directive, it is necessary to set a general requirement of safety as the legal base for taking action against such toys. In this respect safety of toys should be determined by reference to the intended use of the product while taking into account the foreseeable use, bearing in mind behaviour of children, who do not generally show the same degree of care as the average adult user. If scientific evidence does not allow this risk assessment, Member States, in particular through their competent authorities, should apply the precautionary principle.
Amendment 133 #
2008/0018(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The precautionary principle should be applied where a scientific assessment cannot ascertain the risk with sufficient certainty to ensure a high level of protection of health, particularly that of children.
Amendment 245 #
2008/0018(COD)
Proposal for a directive
Article 52
Article 52
Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which weare placed on the market before this Directive entered into for[2 years after the entry into force of this Directive]. Annex II, Part III shall only apply to toys placed or at the latest 2n the market after [5 years after this Directive enteredry into force. of this Directive/31 May 2013]
Amendment 251 #
2008/0018(COD)
Proposal for a directive
Annex I – point 17 a (new)
Annex I – point 17 a (new)
17a. Books that do not contain any elements or added objects others than those in paper or cardboard.
Amendment 341 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 7 – subparagraph 1
Annex II – Part III – point 7 – subparagraph 1
7.7. Toys shall not contain the following allergenic fragrances: (1) Alanroot (Inula helenium) (2) Allylisothiocyanate (3) Benzyl cyanide (4) 4 tert-Butylphenol (5) Chenopodium oil (6) Cyclamen alcohol (7) Diethyl maleate (8) Dihydrocoumarin (9) 2,4-Dihydroxy-3- methylbenzaldehyde Dihydrogeraniol) (10) 3,7-Dimethyl-2-octen-1-ol (6,7- Dihydrogeraniol) (11) 4,6-Dimethyl-8-tert-butylcoumarin (12) Dimethyl citraconate 3-one (13) 7,11-Dimethyl-4,6,10-dodecatrien- 3-one one (14) 6,10-Dimethyl-3,5,9-undecatrien-2- one (15) Diphenylamine (16) Ethyl acrylate (17) Fig leaf, fresh and preparations (18) trans-2-Heptenal (19) trans-2-Hexenal diethyl acetal (20) trans-2-Hexenal dimethyl acetal (21) Hydroabietyl alcohol (22) 4-Ethoxy-phenol (23) 6-lsopropyl-2- decahydronaphthalenol (24) 7-Methoxycoumarin (25) 4-Methoxyphenol (26) 4-(p-Methoxyphenyl)-3-butene-2- one (27) 1-(p-Methoxyphenyl)-1-penten-3- one (28) Methyl trans-2-butenoate (29) 6-Methylcoumarin (30) 7-Methylcoumarin (31) 5-Methyl-2,3-hexanedione (32) Costus root oil (Saussurea lappa Clarke) (33) 7-Ethoxy-4-methylcoumarin (34) Hexahydrocoumarin (35) Excudation of crude Peru balsam (Myroxylonpereirae Klotzsch) (36) 2-Pentylidene-cyclohexanone (37) 3,6,10-Trimethyl-3,5,9- undecatrien-2-one (38) Verbanavain essential oil (Lippia citriodora Kunth).
Amendment 342 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 7 - subparagraph 3
Annex II – Part III – point 7 - subparagraph 3
Amendment 344 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 8
Annex II – Part III – point 8
8. The ftollowing migration limits, from toys or components of toys that are accessible to children during use as specified in the first subparagraph of Article 9 (2), shall not be exceeded: Element mg/kg in mg/kg Aluminium 5625erable daily dose (TDD) for the protection of children's health due to the use of toys must not exceed the following values per day: Element TDD (mg/kg weight of dry, children / day) brittle, in liquid powder- or sticky like or toy pliable material toy material 1406 Antimony 45 11.36 Arsenic 7.5 1.9 Barium 4500 11251 Barium 600 Boron 1200 3060 Cadmium 3.8 0.95 Chromium 37.5 9.4 (III) Chromium 0.04 (VI) Cobalt 10.5 Copper 622.5 Lead 27 6.85 0.01 2.6 156 Lead 3.6 Manganese 1200 3060 Mercury 15 3.82 Nickel 75 18.810 Selenium 37.5 9.4 Strontium 4500 Tin 15000 3750 Organic 5 1125 Tin 2000 0.5 Zinc 500 'Tolerable daily dose' means the maximum quantity of an element which a child can ingest in relation 1.9 Zinc 3750 938to his or her weight without its adversely affecting the child's health. These limit values do not apply to toys which due to their accessibility, function, volume or mass clearly exclude any hazard due to sucking, licking, swallowing or prolonged contact with skin when used as specified in the first subparagraph of Article 9 (2).
Amendment 370 #
2008/0018(COD)
Proposal for a directive
Annex V - Part B - Point 7
Annex V - Part B - Point 7
Toys contained in food or co-mingled with food shall contain the warning: “Adult supervision strongly recommended”.
Amendment 5 #
2007/2261(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the recurrence of legal challenges to the structures and rules of sport and of illicit practices by certain agents has created great concern, while greater legal certainty would help all actors involved to make better use of the advantages the internal market provides; recommends the introduction of European certification for players’ agents to enable them to be regulated;
Amendment 22 #
2007/2261(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Agrees with the Commission proposal that it should be possible for the players’ transfer system to be managed by the relevant European sport organisation or the national authorities; considers, however, that an independent European certification body for information and verification should be set up and should work closely with these existing authorities.
Amendment 3 #
2007/2257(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Regrets the weakness of the link between EU and national industrial policy and calls on the Commission and Member States to work to strengthen this link;
Amendment 4 #
2007/2257(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the importance of a smart public procurement regime to the competitiveness of European industry; believes that pre-commercial public procurement is an important tool for boosting the innovativeness of European undertakings; encourages Member States to review their public procurement policies in this light and asks the Commission to facilitate the sharing of best practice in this area;
Amendment 5 #
2007/2257(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the Commission's lead market initiative and supports its objective of fostering favourable conditions for the emergence of markets in innovative products and services in specific areas of high value to the society; urges the Commission to demonstrate its commitment to better regulation in this endeavour and cautions against favouring specific technological solutions over others;
Amendment 9 #
2007/2257(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the partnership groupings initiated by the Commission, such as CARS 21 and the High Level Group on Textiles; believes that these groupings are important fora for strengthening EU industrial policy;
Amendment 10 #
2007/2257(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recalls that an ambitious DPIIPR policy is a key element in the competitiveness of industrial companies and particularly SMEs, and the reaching of an agreement on the Community patent and an EU-wide patent litigation system;
Amendment 13 #
2007/2257(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Supports the Commission's ongoing programme to simplify and improve the regulatory environment and reduce administrative burdens;
Amendment 14 #
2007/2257(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the importance of modern standardisation systems and encourages the Commission to speed up the implementation of new approach standards, while respecting the needs of SMEs and strengthening the participation of SME representatives;
Amendment 18 #
2007/2257(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the urgency of establishing of an EU-wide market for venture capital through removing existing regulatory and tax obstacles to venture capital investments in Europe's most innovative small firms;
Amendment 19 #
2007/2257(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Encourages the Commission to intensify its market monitoring of the supply chain of industrial and consumer goods, including downstream distributors and retailers, to ensure competition at all stages of the supply chain;
Amendment 20 #
2007/2257(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a Stresses the importance of support measures to accommodate industrial change and calls for extending these measures to SMEs affected by such change;
Amendment 1 #
2007/2189(INI)
Draft opinion
Paragraph 3 – introductory part
Paragraph 3 – introductory part
3. Urges the Commission to takecarefully assess the issue of consumer redress very seriously bearing in mind the following considerations:
Amendment 2 #
2007/2189(INI)
Draft opinion
Paragraph 3 – indent 2 a (new)
Paragraph 3 – indent 2 a (new)
- safeguarding effective enforcement of rights originating from Community legislation is principally an obligation of Member States. They bear the responsibility to adapt their national (procedural) law in such a way that these rights are readily enforceable, to the benefit of consumers and economic operators. First of all, the Community is not competent to prescribe rules for national procedural law. Moreover, Article 5 of the Treaty requires the Community not to go beyond what is necessary to achieve the objectives of the Treaty; consequently, in accordance with that Article, the specific features of national legal systems must as far as possible be taken into account by leaving Member States free to choose between different options having equivalent effect;
Amendment 4 #
2007/2189(INI)
Draft opinion
Paragraph 3 – indent 3
Paragraph 3 – indent 3
- it should be recalled that ADR systems are, by their nature, an alternative solution to traditional black-letter law mechanisms; the incentive to use ADR is therefore dependent on the existence of hard-law alternatives that provide effective, readily accessible and non-discriminatory redress for the consumer, such as collective redress mechanisms;
Amendment 5 #
2007/2189(INI)
Draft opinion
Paragraph 3 – indent 4
Paragraph 3 – indent 4
- the Commission's approach to consumer redress is inchoate and v early stague; work on redress should be closely coordinated with, and integrated into, the future work programmes for judicial cooperation in civil mattersbefore any consideration is given to legislation on the European level, there needs to be a thorough examination of existing problems, if any, and of the envisaged benefits for consumers; considers in that context that, for instance, mass proceedings and cross-border problems need to be addressed specifically;
Amendment 6 #
2007/2189(INI)
Draft opinion
Paragraph 3 – indent 5
Paragraph 3 – indent 5
- extensive research should be done into systems of collective redress, drawing on experience around the world, with a view to coming up with a straightforward system which avoids the worstspecial regard to the excesses and drawbacks of the US model;
Amendment 14 #
2007/0295(COD)
Proposal for a regulation
Article 13 - point -1 (new)
Article 13 - point -1 (new)
Amendment 26 #
2007/0279(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Treaty provisions establishing the internal market apply to all goods and services provided against remuneration including defence related products but do not preclude Member States under certain conditions from taking other measures in individual cases where they consider it necessary to protect essential interests of their security, pursuant to Article 296 of the Treaty, or to safeguard public policy or public security, in particular pursuant to Article 30 of the Treaty.
Amendment 28 #
2007/0279(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Harmonisation of those laws and regulations of Member States should not give prejudice to obligations of Member States under relevant international non- proliferation regimes, to export control arrangements, to treaties or to discretion of Member States on export policypolicy on the transfer or export of defence-related products.
Amendment 30 #
2007/0279(COD)
Proposal for a directive
Recital 9
Recital 9
(9) This dDirective should cover the transfer of all the defence-related products which correspond to those listed in the Common Military List of the European Union including sub- systems, components, spare parts, technology transfer, maintenance and repair. It should not cover European Union exports to third countries.
Amendment 34 #
2007/0279(COD)
Proposal for a directive
Recital 25
Recital 25
(25) For the application of this dDirective, Member States should remain entitled to pursue and further develop their currextentd intergovernmental cooperation as implemsubsequentedly inter alia in the Letter of Intent order to achieve the objectives of this Directive.
Amendment 35 #
2007/0279(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In order to compensate for the progressive substitution of general ex-post control for individual ex-ante control in the Member State of origin of the defence related products, conditions for mutual confidence and trust should be created by the inclusion of guarantees which ensure that defence related products are not exported in violation of export limitations to third countries. This principle should also be observed in instances where defence-related products are transferred several times between Member States before being exported to a third country.
Amendment 43 #
2007/0279(COD)
Proposal for a directive
Article 1 - paragraph 2
Article 1 - paragraph 2
2. This dDirective does not affect the export policies of Member Statediscretion of Member States on policy on the export of defence-related products.
Amendment 46 #
2007/0279(COD)
Proposal for a directive
Article 1 - paragraph 2 a (new)
Article 1 - paragraph 2 a (new)
2a. This Directive shall apply without prejudice to Articles 30 and 296 of the Treaty.
Amendment 47 #
2007/0279(COD)
Proposal for a directive
Article 1 - paragraph 2 b (new)
Article 1 - paragraph 2 b (new)
2b. This Directive shall be without prejudice to the possibility for Member States to pursue and extend intergovernmental cooperation subsequently, while observing the principles laid down by this Directive.
Amendment 51 #
2007/0279(COD)
Proposal for a directive
Article 2 - paragraph 2
Article 2 - paragraph 2
Amendment 53 #
2007/0279(COD)
Proposal for a directive
Article 2 - paragraph 3
Article 2 - paragraph 3
Amendment 59 #
2007/0279(COD)
Proposal for a directive
Article 4 - paragraph 2
Article 4 - paragraph 2
2. Member States shall provide for the possibility of granting suppliers established on their respective territories general, global or individual transfer licences.
Amendment 64 #
2007/0279(COD)
Proposal for a directive
Article 4 - paragraph 4
Article 4 - paragraph 4
4. Member States shall determine the terms and conditions of transfer licences, in particular any limitations on the export of defence-related products to recipients in third countries, having regard to the risks for preservation of human rights, peace, security and stability created by the transfer. Member States may pursue and extend existing intergovernmental cooperation subsequently in order to achieve the objectives of this dDirective.
Amendment 72 #
2007/0279(COD)
Proposal for a directive
Article 5 - paragraph 2 a (new)
Article 5 - paragraph 2 a (new)
2a. Member States may lay down the terms and conditions for registration prior to first-time use of a general licence.
Amendment 86 #
2007/0279(COD)
Proposal for a directive
Article 10 - paragraph 2
Article 10 - paragraph 2
2. Where consent from the originating Member State for the contemplated export is required but has not been obtained, Member States shallmay consult the originating Member State.
Amendment 87 #
2007/0279(COD)
Proposal for a directive
Article 10 - paragraph 2 a (new)
Article 10 - paragraph 2 a (new)
2a. Member States shall lay down effective, proportionate and deterrent penalties against undertakings which provide incorrect or incomplete information in an application for authorisation to export defence-related products to a third country which have been received under a transfer licence including export limitations.
Amendment 89 #
2007/0279(COD)
Proposal for a directive
Article 11 - paragraph 2
Article 11 - paragraph 2
Amendment 11 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 30 a (new)
Recital 30 a (new)
(30a) When implementing the measures for transposing Directive 2002/58/EC, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with that directive but also make sure that they do not rely on an interpretation of it which would be in conflict with other fundamental rights or general principles of Community law, such as the principle of proportionality.
Amendment 36 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Directive 2002/58/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
6a. Article 15(1) shall be replaced by the following: ‘1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system and protection of the rights and freedoms of other people, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.’
Amendment 91 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 24
Recital 24
(24) A television broadcast is a linearLegal “must-carry” obligations may be applied to specified radio and audiovisual media services as dend ancillary services supplied by a specifined in themedia service provider. Audiovisual Mmedia Sservices Directiveare defined by Directive 2007/65/EC of the European Parliament and of the Council of [….] 2007, which is provided by11 December 2007 a mendia service provider for simultaneous viewing of programmes on the basis of a programme schedule; a media service provider may provide a number of audng Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or audio visual programme schedules (channels). Legal “must-carry” obligations may be applied, but only to specified broadcast channels supplied by a specified media service providerdministrative action in the Member States concerning the pursuit of television broadcasting activities1. Member States should provide a clear justification for the “must carry” obligations in their national law so as to ensure that such obligations are transparent, proportionate and properly defined. In that regard, “must carry” rules should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. “Must carry” rules should be periodically reviewed in order to keep them up-to-date with technological and market evolution in order to ensure that they continue to be proportionate to the objectives to be achieved. Given the rapid change in technology and market conditions such a full review would need to be carried out at least every three years and would require a public consultation of all stakeholders. One or more broadcast channels may be complemented byAncillary services include services to improve accessibility for users with disabilities, such as a videotext service, subtitling service, an audio description or sign language. _________ 1 OJ L 332, 18.12.2007, p. 27.
Amendment 99 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 30 a (new)
Recital 30 a (new)
(30a) When implementing measures transposing Directive 2002/58/EC, the authorities and the courts of the Member States must not only interpret their national law in a manner consistent with the Directive, but also make sure that they do not rely on an interpretation thereof which would be in conflict with those fundamental rights or with the other general principles of Community law, such as the principle of proportionality.
Amendment 104 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 37 a (new)
Recital 37 a (new)
(37a) It should be remembered regarding this Directive that recital 3 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, points out that, without effective means of enforcing intellectual property rights, innovation and creativity are discouraged and investment diminished. It is therefore necessary to ensure that the substantive law on intellectual property, which is nowadays largely part of the acquis communautaire, is applied effectively in the Community. In this respect, the means of enforcing intellectual property rights are of paramount importance for the success of the internal market.
Amendment 110 #
2007/0248(COD)
Recital 22 a (new)
(22a) Directive 2002/22/EC does not require providers to monitor information transmitted over their networks or to bring legal proceedings against their customers on grounds of such information, nor does it make providers liable for that information. Responsibility for launching criminal prosecution rests with the relevant authorities.
Amendment 116 #
2007/0248(COD)
Recital 26
(26) A competitive market should also ensure that users enjoyare able to have the quality of service they require, but in particular cases it may be necessary to ensure that public communications networks attain minimum quality levels so as to preventaddress unjustified degradation of service, the blocking of accesusage limitations and the slowing of traffic over networks.
Amendment 126 #
2007/0248(COD)
Article 1 – point 13
Directive 2002/22/EC
Article 20 – paragraph 1 – point (b) – indent 1
Article 20 – paragraph 1 – point (b) – indent 1
Amendment 132 #
2007/0248(COD)
Article 1 – point 13
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing connection to a public electronic communications network and/or electronic communications services to inter alia: (a) provide applicable tariff information to subscribers regarding any number or service subject to particular pricing conditions; with respect to individual categories of services, national regulatory authorities may require such information to be provided immediately prior to connecting the call; (b) inform subscribers of any change to the provider’s traffic management policiany relevant limitations imposed by the undertaking, in accordance with national law, on a subscriber’s ability to access, use or distribute information or run applications or services; (c) inform subscribers of their right to determine whether or not to include their personal data in a directory, and of the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC (Directive on privacy and electronic communications); and (d) regularly inform disabled subscribers of details of products and services designed for them. If deemed appropriate, national regulatory authorities may promote self- or co-regulatory measures prior to imposing any obligation.
Amendment 147 #
2007/0248(COD)
Article 1 – point 21 a (new)
Directive 2002/22/EC
Article 32 a (new)
Article 32 a (new)
(21a) the following Article shall be inserted: ‘Article 32a Member States shall ensure that any restrictions on the rights of users to access content, services and applications, if such restrictions are necessary, are implemented by appropriate measures, in accordance with the principles of proportionality, effectiveness and dissuasiveness. The measures shall be aimed at enhancing the development of the information society, in compliance with the EC legal order, and shall fully respect the fundamental rights protected by the Community legal order, including the right to privacy, the right to property, the right to due process and the right to an effective remedy.’
Amendment 169 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6
Article 20 – paragraph 6
6. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services and/or networks, subscribers are clearly informed in advance of the conclusion of the contract and regularly thereafter of their obligations to respect copyright and related rights. Without prejudice to Directive 2000/31/EC on electronic commerce, this includes the obligation to inform subscribers of the most common acts of infringements and their legal consequences in a clear, comprehensive and easily accessible form.
Amendment 211 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 15 – point b
Article 1 – point 15 – point b
Directive 2002/22/EC
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that all end- users provided with a publicly available telephof an electronic communicationes service can access directory enquiry services in accordance with Article 5(1)(b). and that operators controlling access to those services provide access on terms which are reasonable, non-excessive, objective, non-discriminatory and transparent.
Amendment 249 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Member States may impose reasonable “must carry” obligations, for the transmission of specified radio and television broadcast channels and accessibilitaudiovisual media services and complementary services, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcastaudiovisual media services to the public where a significant number of end-users of such networks use them as their principal means to receive radio and television broadcastaudiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly and specifically defined by each Member State in its national law and shall be proportionate and transparent.
Amendment 255 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Thereafter, Member States shall review “must carry” obligations at least every three yearregular intervals.
Amendment 291 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Directive 2002/58/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
(6a) Paragraph 1 of Article 15 is amended as follows: 1. The Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4) and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure in a democratic society to safeguard national security (i.e. State security), defence, public security and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system and the protection of the rights and freedoms of others, as referred to in Article 13(1) of Directive 95/46/EC. To that end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.
Amendment 16 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 16 a (new)
Recital 16 a (new)
(16a) The spectrum management provisions of this directive should be consistent with the work of the international and regional organisations dealing with radioelectric spectrum management, such as the International Telecommunications Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), so as to ensure the efficient management and harmonisation of use of the spectrum across the Community and globally.
Amendment 18 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 22
Recital 22
(22) Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. It should be possible for exceptions to the principle of service neutrality which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined in national legislation in conformity with Community law. Except where necessary to protect safety of life, exceptions should not result in exclusive use for certain services, but rather grant priority so that other services or technologies may coexist in the same band insofar as possible. In order that the holder of the authorisation may choose freely the most efficient means to carry the content of services provided over radio frequencies, the content should not be regulated in the authorisation to use radio frequencies.
Amendment 27 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 50
Recital 50
Amendment 29 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 – sub-point e a (new)
Article 1 – point 8 – sub-point e a (new)
Directive 2002/21/EC
Article 8 – paragraph 4 – point g a (new)
Article 8 – paragraph 4 – point g a (new)
(8a) In paragraph 4, the following point is added: '(ga) ensuring cooperation between undertakings providing electronic communications networks and services and the sectors concerned with the protection and the promotion of lawful content over electronic communications networks and services.'
Amendment 30 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 60 a (new)
Recital 60 a (new)
(60a) It is the responsibility of the Member States to encourage cooperation arrangements between the parties concerned in order to promote efficient on-line services and a high level of consumer confidence. In particular, companies supplying electronic communications networks and/or services and other stakeholders should be encouraged to cooperate so as to promote legal content and on-line content protection. Such cooperation could for example be achieved on a wider scale without detracting from the regulatory framework by the drafting of negotiated and agreed codes of conduct between stakeholders. The introduction of such codes of conduct has already been envisaged in numerous Community instruments, for example Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market (Directive on electronic commerce)1, Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights2, or Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data3. Such cooperation between stakeholders is essential to promoting on-line content, in particular European cultural content and realise the potential of the information society. 1 JO L 178, 17.7.2000, p. 1. 2 JO L 157, 30.4.2004, p. 45. 3 JO L 281, 23.11.1995.
Amendment 35 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 6 a (new)
Article 6 a (new)
Amendment 36 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 4 – point c
Article 7 – paragraph 4 – point c
Amendment 37 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 38 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 40 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/21/EC
Article 7 – paragraph 9
Article 7 – paragraph 9
9. The national regulatory authority shall communicate to the Commission all final measures which fall under conditions a) and b) in Article 7(3).
Amendment 45 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 − point (e)
Article 1 – point 8 − point (e)
Directive 2002/21/EC
Article 8 – paragraph 4 – point g b (new)
Article 8 – paragraph 4 – point g b (new)
(gb) ensuring that undertakings providing electronic communications networks and services cooperate with the sectors interested in the protection and promotion of lawful content in electronic communication networks and services.
Amendment 46 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 − point (e)
Article 1 – point 8 − point (e)
Directive 2002/21/EC
Article 8 – paragraph 4 – point g c (new)
Article 8 – paragraph 4 – point g c (new)
(gc) introducing consultation platforms including representatives of all stakeholders, in particular consumers and eligible parties. These platforms shall set out the principles for the resolution of disputes between users, access suppliers and content producers under national law.
Amendment 49 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Unless otherwise provided in the second subparagraph or in the measures adopted pursuant to Article 9c, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands openavailable to electronic communications services as identified on the national allocation networks and under ITU radio broadcasting regulations. The Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided.
Amendment 50 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Restrictions that require a electronics communication service to be provided in a specific band shall be justified in order to ensure the fulfilment of a general interest objective set out under national legislation in conformity with Community law, such as safety of life, the promotion of social, regional or territorial cohesion, the avoidance of inefficient use of radio frequencies, or, as defined in national legislation in conformity with Community law, the promotion of cultural and linguistic diversity and media pluralism.
Amendment 53 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2002/21/EC
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
A restriction which prohibits the provision of any other electronic communication service in a specific band may only be provided for where justified by the need to protect safety of life services.
Amendment 55 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9a – paragraph 1 – subparagraph 1
Article 9a – paragraph 1 – subparagraph 1
1. For a period of five years starting on [1 January 2010date of transposition], Member States shallmay ensure that holders of rights to use radio frequencies which were granted before that date may for a period of five years submit an application to the competent national regulatory authority for a reassessment of the restrictions to their rights in accordance with Article 9(3) and (4).
Amendment 56 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9a – paragraph 2
Article 9a – paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect of the part of the radio frequencies which is necessary for the fulfilment of such objective. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of the Authorisation DirectiveThis article does not apply to restrictions introduced by the Member States in order to promote cultural and media policy objectives, for example cultural and linguistic diversity and media pluralism.
Amendment 57 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9a – paragraph 2
Article 9a – paragraph 2
2. Where the right holder mentioned in paragraph 1 is a provider of radio or television broadcast content services, and the right to use radio frequencies has been granted for the fulfilment of a specific general interest objective, an application for reassessment can only be made in respect ofincluding the supply of broadcasting services, the right to use the part of the radio frequencies which is necessary for the fulfilment of such objective remains unchanged until expiry. The part of the radio frequencies which becomes unnecessary for the fulfilment of that objective as a result of application of Article 9(3) and (4) shall be subject to a new assignment procedure in conformity with Article 7(2) of shall be included in a new assignment procedure pursuant to Article 9(3) and (4) of this directive and Article 7(2) of Directive 2002/20/EC (the Authorisation Directive).
Amendment 58 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9b – paragraph 1 – subparagraph 1
Article 9b – paragraph 1 – subparagraph 1
1. Member States shall ensure that undertakings may transfer or lease to other undertakings individual rights to use radio frequencies in the bands for which this is provided in the implementing measures adopted pursuant to Article 9c without the prior consent of provided that the transfer or lease is in accordance withe national regulatory authorityprocedures and that the change does not affect the service provided within this frequency band.
Amendment 59 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 10
Article 1 – point 10
Directive 2002/21/EC
Article 9c
Article 9c
In order to contribute to the development of the internal market, and without prejudice to Article 8a, for the achievement of the principles of this Article, the Commission may adopt appropriate technical implementing measures to: (a) harmonise the identification of the bands for which usage rights may be transferred or leased between undertakings; (b) harmonise the conditions attached to such rights and the conditions, procedures, limits, restrictions, withdrawals and transitional rules applicable to such transfers or lease(-a) harmonise the rules relating to the availability and efficient use of radio frequencies in accordance with the procedure set out in Annex IIa; (-aa) ensure the coordinated and timely provision of information concerning the allocation, availability and use of radio frequencies in accordance with the procedure set out in Annex IIa; (a) identify the bands for which usage rights may be transferred or leased between undertakings, excluding radio frequencies allocated or planned by Member States for broadcasting services; (b) harmonise the conditions attached to such rights; (c) harmonise the specific measures to ensure fair competition where individual rights are transferred; (d) create an exception to the principle of services or technology neutrality, as well as to harmonise the scope and nature of any exceptions to these principles in accordance with Article 9(3) and (4) other than those aimed at ensuring the promotion of cultural and linguistic diversity and media pluralism. These measures. These implementing measures are without prejudice to measures taken at Community or national level, in compliance with Community law, to pursue general interest objectives, and in particular those relating to the promotion of cultural and linguistic diversity and media pluralism. Measures adopted pursuant to points (a) to (c) of the first subparagraph, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3). OIn imperative grounds of urgency, the the implementation of the Commission may use the urgency provisions of this paragraph, the procedure referred to in Article Commission may be assisted by the RSCP. 22(4). In the implementation of the provisions of this paragraph, the Commission may be assisted by the Authority in accordance with Article 10 Regulation […/EC].
Amendment 85 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 1 – introduction
Article 5 – paragraph 1 – introduction
Member States shall not makfacilitate the use of radio frequencies subject to the granting of individual rights of use but shall include the conditions for usage of such radio frequencies in the general authorisation, unless it is justified towithin the framework of the general authorisation. Member States may grant individual rights in order to:
Amendment 86 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 3
Article 3 – point 3
Directive 2002/20/EC
Article 5 – paragraph 2 – subparagraph 5
Article 5 – paragraph 2 – subparagraph 5
Amendment 88 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6a – paragraph 1 – point c
Article 6a – paragraph 1 – point c
Amendment 90 #
2007/0247(COD)
Proposal for a directive – amending act
Article 3 – point 5
Article 3 – point 5
Directive 2002/20/EC
Article 6b
Article 6b
Amendment 94 #
2007/0247(COD)
Proposal for a directive – amending act
Annex II – point 1
Annex II – point 1
Directive 2002/20/EC
Annex II – paragraph 1 – point d
Annex II – paragraph 1 – point d
(d) the method of determining usage fees for the right of use of the radio frequencies, without prejudice to the mechanisms adopted by the Member States to replace the user fee obligation with the obligation to fulfil specific general interest objectives;
Amendment 8 #
2007/0243(COD)
Proposal for a regulation
Article 2 − point g
Article 2 − point g
(g) ‘parent carrier’ means any air carrier or rail-transport operator which directly or indirectly, alone or jointly with others, owns or: - holds one or more capital shares in or is entitled to appoint top executives or members of the board of directors, the supervisory board or any other governing body of, a system vendor, - has been recognised by the Commission as effectively controlsling a system vendor, as well as any air carrier or rail- transport operator which it owns or effectively controls. The Commission may at any time ask the air carrier or rail-transport operator holding one or more capital shares in a system vendor to provide it with all information considered necessary to determine its possible status as a parent carrier;
Amendment 14 #
2007/0243(COD)
Proposal for a regulation
Article 12
Article 12
Where the Commission, acting on a complaint or on its own initiative, finds that there is an infringement of this Regulation it may by decision require the undertakings or associations of undertakings concerned to bring such infringement to an end. Investigations regarding possible infringements of this Regulation shall fully take into account the results of any inquiry under Articles 81 and 82 of the EC Treaty.
Amendment 19 #
2007/0198(COD)
Proposal for a regulation – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) Cooperation at regional level between Member States and neighbouring countries with a European perspective should be promoted so as to ensure stability and security of supply, as well as the effectiveness of networks at that level.
Amendment 27 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) The Member States should promote cooperation at regional level, and monitor the effectiveness of the network at that level. Several Member States have already put forward a proposal that would allow fulfilling this objective.
Amendment 28 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States should foster regional cooperation with the possibility to designate a regional coordinator in charge of facilitating the dialogue between all national competent authorities. Furthermore, as regards the issue of connecting new power plants to the grid, this should be foreseen in due course and in an effective manner.
Amendment 29 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to ensure proper implementation of the 2nd energy package, the Commission should assist those Member States which encounter problems in this field.
Amendment 58 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/55/EC
Article 5b
Article 5b
Amendment 60 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/55/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to ensure the independence of transmission system operators, Member States shall ensure that as from [date of transposition plus one year]: vertically integrated undertakings have to comply: -either with the provisions of Articles 7, 7a, 7b and 7c; or -with the provisions of Articles 7a, 7b and 7c. In the case that the transposition of the provisions of Articles 7a, 7b and 7c proves insufficient in obtaining a high level of liberalisation and thereby complying with the objectives of Articles 7 by [date of transposition plus six years], a decision shall be taken on the implementation of Article 7, on a proposal by the Commission, adopted by the Council and the European Parliament. In the case of compliance with the provisions of Articles 7, 7a and 7b, Member States shall ensure that as from [date of transposition plus one year]:
Amendment 61 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2003/55/EC
Article 8 – paragraph 1 - point (d) a (new)
Article 8 – paragraph 1 - point (d) a (new)
(6a) In Article 8, paragraph 1, the following point shall be added after point (d): "(da) in carrying out tasks of a transmission system operator, ensure that the benefit of the region it is operating in is duly taken into account; without prejudging shareholders' rights related to investment profitability and equity needs, operational and investment decisions taken by a transmission system operator shall be consistent with the Community- wide and regional investment plans pursuant to Articles 2c and 2d of the Regulation and shall facilitate market development, market integration and optimize socio-economic welfare gains at least at regional level."
Amendment 62 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 b (new)
Article 1 – point 6 b (new)
Directive 2003/55/EC
Article 8 – paragraphs 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j (new)
Article 8 – paragraphs 4a, 4b, 4c, 4d, 4e, 4f, 4g, 4h, 4i, 4j (new)
Amendment 50 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2003/54/EC
Article 5a
Article 5a
1. Member States' authorities and regulators shall cooperate among themselves for the purpose of integrating their national markets at least at the regional level. In particular, Member Statesthey shall promotensure the cooperation of network operators at a regional level, and foster the convergence and consistency of their legal and regulatory framework. The geographical2. When cooperation between several Member States at regional level encounters significant difficulties, following the joint request of these Member States the Commission may, in agreaement with all Member States covncerned by regional cooperations shall be in line with the definition of geographical areas by the Commission in accordance with Article 2h(3) of Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity1. ___________ 1 OJ L 176, 15.7.2003 p. 1, designate a regional coordinator. 3. The regional coordinator shall promote at regional level the cooperation of regulatory authorities and any other competent public authorities, network operators, power exchanges, grid users and market parties. In particular, he shall: (a) promote new efficient investments in interconnections. To this end, he shall assist TSOs while elaborating their regional interconnection plan and contribute to the coordination of their investments decisions and, where appropriate, of their open season procedure; (b) promote the efficient and safe use of the networks. To this end, he shall contribute to the coordination between TSOs, national regulatory authorities and other competent national public authorities with the elaboration of common allocation and common safeguard mechanisms; (c) submit a report every year to the Commission and the Member States concerned on progress achieved in the region and on any difficulty or obstacle that may hinder progress.
Amendment 54 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/54/EC
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. In order to ensure the independence of transmission system operators, Member States shall ensure that as from [date of transposition plus one year] vertically integrated undertakings have to comply: - either with the provisions of Articles 8, 8a and 8b; or - with the provisions of Articles 8a, 8b and 8c. In the case that the transposition of the provisions of Articles 8a, 8b and 8c proves insufficient in obtaining a high level of liberalisation and thereby complying with the objectives of Article 8 by [date of transposition plus six years], a decision shall be taken on the implementation of Article 8, on a proposal by the Commission, adopted by the Council and the European Parliament. In the case of compliance with the provisions of Articles 8, 8a and 8b, Member States shall ensure that as from [date of transposition plus one year]:
Amendment 59 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/54/EC
Article 9
Article 9
1. Each transmission system operator shall be responsible for: (a) ensuring the long-term ability of the system to meet reasonable demands for the transmission of electricity, operating, maintaining and developing under economic conditions secure, reliable and efficient transmission systems with due regard to the environment, and promote energy efficiency and research and innovation notably with respect to ensuring penetration of renewables and dissemination of low carbon technology; (b) contributing to security of supply through adequate transmission capacity and system reliability; (c) managing energy flows on the system, taking into account exchanges with other interconnected systems. to that end, the transmission system operator shall be responsible for ensuring a secure, reliable and efficient electricity system and, in that context, for ensuring the availability of all necessary ancillary services insofar as this availability is independent from any other transmission system with which its system is interconnected; (d) providing to the operator of any other system with which its system is interconnected sufficient information to ensure the secure and efficient operation, coordinated development and interoperability of the interconnected system; (e) ensuring non-discrimination as between system users or classes of system users, particularly in favour of its related undertakings; (f) providing system users with the information they need for efficient access to the system. (fa) ensuring that the benefit of the region it is operating in is duly taken into account. Without prejudging shareholders' rights related to investment profitability and equity needs, operational and investment decisions taken by a transmission system operator shall be consistent with the Community-wide and regional investment plans pursuant to Articles 2c and 2d of Regulation (EC) No 1228/2003 and shall facilitate market development, market integration and optimize socio-economic welfare gains at least at regional level. 2. TSOs shall elaborate a ten-year network development plan at least every two years. They shall provide efficient measures in order to guarantee system adequacy and security of supply. 3. The ten-year network development plan shall in particular : (a) indicate to market participants the main transmission infrastructures that ought to be built over the next ten years; (b) contain all investments in relation to which an implementation decision has already been taken and identify new investments for which an implementation decision has to be taken in the next three years. 4. In order to elaborate this ten-year network development plan, each TSO shall make a reasonable hypothesis about the evolution of generation, consumption and exchanges with other countries, and shall take into account existing network investment plans at regional and European levels. Each TSO shall submit in due time the draft to the competent national body. 5. The competent national body shall consult all relevant network users on the basis of a draft for the ten-year network development plan in an open and transparent manner and may publish the result of the consultation process, in particular possible investment needs. 6. The competent national body shall examine whether the ten-year network development plan covers all investment needs identified in the consultation. The authority may oblige the TSO to amend its plan. 7. A competent national body for the purposes of paragraphs 24, 25 and 26 may be the national regulatory authority, any other competent national public authority or a network development trustee constituted by TSOs. In the latter case, TSOs shall submit the drafts of the statutes, of the list of members and of the rules of procedure to the approval of the competent national public authority. 8. If the TSO rejects the implementation of a specific investment listed in the ten- year network development plan to be executed in the next three years, Members States shall ensure that the regulatory authority or any other competent national public authority is competent to take one or other of the following measures: (a) to request the TSO to execute, by all legal means, his investment obligations using his financial capacities; or (b) to invite independent investors to tender for a necessary investment in a transmission system and, in so doing, may oblige the TSO : - to agree to financing by any third party, - to agree to building by any third party or to build the new assets, and - to operate the new asset. The relevant financial arrangements shall be subject to the approval of the regulatory authority or any other competent national authority. In both cases, tariff regulation shall allow for revenues that cover the costs of such investments. 9. The competent national public authority shall monitor and evaluate the implementation of the investment plan. 10. TSOs shall be obliged to establish and publish transparent and efficient procedures for non-discriminatory connection of new power plants to the grid. Those procedures shall be subject to the approval of national regulatory authorities or any other competent national public authority. 11. TSOs shall not be entitled to refuse the connection of a new power plant on the grounds of possible future limitations to available network capacities, such as congestion in distant parts of the transmission grid. The TSO shall be obliged to supply the necessary information. TSOs shall not be entitled to refuse a new connection point on the sole ground that it will lead to additional costs linked to the necessary capacity increase of grid elements within close range of the connection point.
Amendment 67 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22 c – paragraph 3 – points (b), (c) and (d)
Article 22 c – paragraph 3 – points (b), (c) and (d)
(b) to carry out in cooperation with the national competition authority investigations of the functioning of electricity markets, and to decide, in the absence of violations of competition rules,, of any appropriate measures necessary and proportionate to promote effective competition and ensure the proper functioning of the market, including virtual power plants; (c) to request any reasonable information from electricity undertakings relevant for the fulfilment of its tasks; (d) to impose effective, appropriate and dissuasiveartially impose, where necessary, proportionate and consistent sanctions to electricity undertakings not complying with their obligations under this Directive or any binding decisions of the regulatory authority or of the Agency;
Amendment 138 #
2007/0113(COD)
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
Amendment 143 #
2007/0113(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
The information referred to in paragraph 2 shall be drawn up in one of the official languages of the Community, as chosen by the consumer. shall be drawn up in the language or one of the languages of Member State in which the consumer is resident or in the language or one of the languages of the Member State of which he is a national which shall be an official language or official languages of the Community, at the consumer’s option. The Member State in which the consumer is resident may, however, require that the contract be drawn up in all cases in at least its language or languages – which must be an official language or official languages of the Community – and that the trader provide the consumer with a certified translation of the contract in the language or one of the languages of the Member State in which the immovable property is situated which shall be an official language or official languages of the Community.
Amendment 146 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that the contract is in writing and drawn up in one of the official languages of the Community, as chosen by the consumerthe language or one of the languages of Member State in which the consumer is resident or in the language or one of the languages of the Member State of which he is a national which shall be an official language or official languages of the Community, at the consumer’s option. The Member State in which the consumer is resident may, however, require that the contract be drawn up in all cases in at least its language or languages – which must be an official language or official languages of the Community – and that the trader provide the consumer with a certified translation of the contract in the language or one of the languages of the Member State in which the immovable property is situated which shall be an official language or official languages of the Community.
Amendment 153 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The written information referred to in Article 3(2) shall form an integral part of the contract and shall not be altered unless the parties expressly agree otherwise or the changes result from unusual or unforeseeable circumstances beyond the trader’s control. Changes resulting from circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care have been exercised. These changes shall be communicated to the consumer before the contract is concluded. The contract shall expressly mention any such changes.
Amendment 163 #
2007/0113(COD)
Proposal for a directive
Article 4 – paragraph 3 c (new)
Article 4 – paragraph 3 c (new)
3c. Where financed by a loan of which a trader has been informed, the timeshare contract is concluded under the condition that this loan being granted, provided that the consumer can not obtain an agreement on the granting of the loan before the end of the period of withdrawal referred to in Article 5(1).
Amendment 247 #
2007/0113(COD)
Proposal for a directive
Annex I – point (ma) (new)
Annex I – point (ma) (new)
(ma) conditions for terminating the contract, the consequences of termination and information on any liability on the consumer for any costs which might result from termination;
Amendment 252 #
2007/0113(COD)
Proposal for a directive
Annex I – point (qa) (new)
Annex I – point (qa) (new)
(qa) warning regarding the fact that if you conclude a contract in another Member State, the applicable law and the competent court could be other than your national law, in accordance with European Private International Law.
Amendment 273 #
2007/0113(COD)
Proposal for a directive
Annex III – point (ia) (new)
Annex III – point (ia) (new)
(ia) conditions for terminating the contract, the consequences of termination and information on any liability on the consumer for any costs which might result from termination;
Amendment 276 #
2007/0113(COD)
Proposal for a directive
Annex III – point (ka) (new)
Annex III – point (ka) (new)
(kb) warning regarding the fact that if you conclude a contract in another Member State, the applicable law and the competent court could be other than your national law, in accordance with European Private International Law;
Amendment 290 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (ea) (new)
Annex IV – point (ea) (new)
(ea) conditions for terminating the contract, the consequences of termination and information on any liability on the consumer for any costs which might result from termination;
Amendment 299 #
2007/0113(COD)
Proposal for a directive
Annex IV – point (ia) (new)
Annex IV – point (ia) (new)
(ia) warning regarding the fact that if you conclude a contract in another Member State, the applicable law and the competent court could be other than your national law, in accordance with European Private International Law.
Amendment 324 #
2007/0113(COD)
Proposal for a directive
Annex V – point (ma) (new)
Annex V – point (ma) (new)
(ma) warning regarding the fact that if you conclude a contract in another Member State, the applicable law and the competent court could be other than your national law, in accordance with European Private International Law.
Amendment 31 #
2007/0022(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The legislation listed in the Annexes to this Directive contains provisions which should be subject to measures which relate to criminal law, in order to ensure that the rules on environmental protection are fully effective.
Amendment 33 #
2007/0022(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) The obligations imposed by this Directive relate only to the provisions of the legislation listed in the Annexes to this Directive which entail an obligation for Member States, when implementing that legislation, to provide for prohibitive measures.
Amendment 38 #
2007/0022(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Euratom Treaty and its secondary legislation regulate environmental protection with regard to nuclear activity. As a result, the unlawfulness of actions which affect the environment as a result of nuclear activities can only be defined by reference to the Euratom Treaty and its secondary legislation.
Amendment 41 #
2007/0022(COD)
Proposal for a directive
Article 2 – point a
Article 2 – point a
(a) "unlawful" means - infringing Community legislation orlaid down in Annex A, or - for activities concerning the EURATOM Treaty, any infringement of Community legislation as laid down in Annex B, or - a law, an administrative regulation or a decision taken by a competent authority in a Member State aiming at the protection of the environmplementing Community legislation mentioned in the first and second indents;
Amendment 42 #
2007/0022(COD)
Proposal for a directive
Article 2 – point aa (new)
Article 2 – point aa (new)
(aa) "protected wild fauna and flora species” means, 1) for the purposes of Article 3(g), the species listed in Annex IV of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and the wild bird species mentioned in Articles 1 and 5 of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds; 2) for the purposes of Article 3(ga), the species listed in Annexes A or B of Council Directive 338/97/EC of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein.
Amendment 45 #
2007/0022(COD)
Proposal for a directive
Article 2 – point ab (new)
Article 2 – point ab (new)
(ab) "protected habitat" means any habitat of a species for which an area has been declared a special protection area within the meaning of Article 4(1) or (2) of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds1, and any natural habitat of a species for which an area has been declared a special area of conservation within the meaning of Article 4(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.
Amendment 76 #
2007/0022(COD)
Proposal for a directive
Annex a (new)
Annex a (new)