Activities of Manfred WEBER
Plenary speeches (6)
Statement by the candidate for President of the Commission (debate)
The future of European competitiveness (debate)
Presentation of the programme of activities of the Hungarian Presidency (debate)
1000 days of Russia's full-scale invasion of Ukraine (debate)
Presentation by the Commission President-elect of the College of Commissioners and its programme (debate)
Preparation of the European Council of 19-20 December 2024 (debate)
Written questions (1)
Impact of climate policy on the employment rate in the mobility sector
Amendments (473)
Amendment 389 #
2023/0135(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article15a Prohibition of pardons and amnesties Member States shall take the necessary measures to prohibit any pardon for the benefit of those who have been held liable for any of the criminal offences referred to in Articles 7 to 14 and to prohibit any amnesty for any of the criminal offences referred to in Articles 7 to 14.
Amendment 18 #
2021/2202(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the COVID-19pandemic and the resulting border closures have highlighted the uniquevulnerability of border regions; both in terms of the economic fallout from themomentary collapse of cross-border health care services, the threat to thelivelihood of cross-border workers and the financial hardships befalling SMEsin border regions;
Amendment 22 #
2021/2202(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 26 #
2021/2202(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas it is acknowledged that the unique vulnerability of border regions requires profound changes to financing methods in border regions in order to finally create a level playing field for border regions vis-à-vis the heartland;
Amendment 27 #
2021/2202(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas there remains alack of language learning opportunities, as well as a lack of initiatives raising awareness about the benefits for border residents in learning a neighbouring language;
Amendment 28 #
2021/2202(INI)
Motion for a resolution
Recital I c (new)
Recital I c (new)
I c. whereas it is deplored that a true bottom-up approach in European Cohesion Policy is still prevented by the fact the institutions and actors that are closest du citizens, the European Groupings of Territorial Cooperation, are not entrusted with the independent management of funds from the EU Cohesion Policy Budget;
Amendment 29 #
2021/2202(INI)
Motion for a resolution
Recital I d (new)
Recital I d (new)
I d. whereas it is estimated that adopting the proposal for a European cross-border mechanism (ECBM) regulation, published in May 2018 by the Commission on the recommendation of the former Luxembourgish Council presidency, would have helped to overcome at least 30 %, and likely even 50 %, of the recognised obstacles to cross- border cooperation;
Amendment 34 #
2021/2202(INI)
3 a. Recommends an EU initiative providing language courses for the neighbouring language at low cost for participants in all NUTS-3 regions whose territory borders a neighbouring Member State; this EU initiative shall also be charged with raising awareness of the benefits of learning the neighbouring language;
Amendment 36 #
2021/2202(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 37 #
2021/2202(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Demands that a sum of one billion euro of the EU’s Cohesion Policy Budget shall be reserved exclusively for the development of border regions at the beginning of every new programming period, starting with the period 2028-2034 (=“Borderland Billion”);
Amendment 38 #
2021/2202(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Suggests that the “Borderland Billion” is to be entrusted directly to the European Groupings of Territorial Cooperation (EGTCs), who are to be tasked with its independent management and distribution among projects;
Amendment 39 #
2021/2202(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Recommends that the “Borderland Billion” be deducted from the EU cohesion policy funding prior to distribution according to the country key as a special budgetary item;
Amendment 40 #
2021/2202(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Recommends that changes to the EU Regional Aid Guidelines be made; considering that less than half of the EU’s total population are permitted to receive regional aid at the same time, it is suggested that within this rule, border regions shall be given priority;
Amendment 41 #
2021/2202(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
Amendment 43 #
2021/2202(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Council to unblock the legislative process for the European cross-border mechanism (ECBM) regulation, or to propose an alternative to the ECBM in order to overcome the obstacles to the cross-border co-operation this mechanism could address; further calls on the Commission to put forward a new proposal for the mechanism, addressing potential concerns that had led to the Council to discontinuing its first reading of the regulation in question; reminds in this context, that the Parliament’s first reading position on this regulation included specific formulations that would have ensured its voluntary application, thus allaying such concerns of the Member States;
Amendment 85 #
2021/2202(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Recognises the that the COVID-19 pandemic has put an undue administrative burden on cross-border workers, especially in the health care sector and that therefore a renewed effort must be made to create better working and commute conditions for cross-border workers, through a faster and more comprehensive recognition of diplomas and other qualifications obtained after training, improved healthcare, expansion of local and long-distance transport and better access to information on job vacancies; calls for an increase in funds and additional flexibility in order for regional and local authorities in border regions to better coordinate neighbouring national legal and administrative systems, as this is required in order to improve the quality of life of cross-border workers; stresses that these problems pose an even greater threat to cross-border workers coming to and from non-EU countries;
Amendment 210 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a – introductory part
Article 2 – paragraph 1 – point a – introductory part
(a) 'a smarter Europe by promoting innovative and smart economic transformation and strengthening small and medium-sized enterprises' ('PO 1') by:
Amendment 297 #
2018/0197(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b – point vii
Article 2 – paragraph 1 – point b – point vii
(vii) enhancing biodiversity, green infrastructure in the urban environment, and reducing pollution;
Amendment 602 #
2018/0197(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) undertakings in difficulty, as defined in point 18 of Article 2 of Commission Regulation (EU) No 651/201425 ; except for follow-up investments of financial instruments under pari passu conditions; _________________ 25 Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1).
Amendment 678 #
2018/0197(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Common output and result indicators, as set out in the Annex I with regard to the ERDF and to the Cohesion Fund, and, where necessaryrelevant, programme- specific output and result indicators shall be used in accordance with point (a) of the second subparagraph of Article [12(1)], point (d)(ii) of Article [17(3)] and point (b) of Article [37(2)] of Regulation (EU) 2018/xxxx [new CPR].
Amendment 682 #
2018/0197(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 695 #
2018/0197(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The ERDF shall support integrated territorial development based on territorial strategies in accordance with Article [23] of Regulation (EU) 2018/xxxx [new CPR] focused on urban areas and the urban hinterland ('sustainable urban development') within programmes under both goals referred to in Article 4(2) of that Regulation.
Amendment 703 #
2018/0197(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
At least 6% of the ERDF resources at national level under the Investment for jobs and growth goal, other than for technical assistance, shall be allocated to sustainable urban development in the form of community-led local development, integrated territorial investments or another territorial tool under PO5. All ERDF resources under Policy Objectives 1 to 5 can contribute to the quota in sentence 1 when supporting integrated territorial development.
Amendment 393 #
2018/0196(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) a smarter Europe by promoting innovative and smart economic transformation and strengthening small and medium-sized enterprises;
Amendment 774 #
2018/0196(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
The Member State shall submit to the Commission by 31 March 2025 a request for the amendment of each programme in accordance with Article 19(1). T or notify the Commission that the programme is not revised. If revised, the Member State shall justify the amendment on the basis of the elements set out in paragraph 1.
Amendment 783 #
2018/0196(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 – point a
Article 14 – paragraph 2 – subparagraph 2 – point a
(a) the revised allocations of the financial resources by priority including the amounts for the years 2026 and 2027;
Amendment 933 #
2018/0196(COD)
Proposal for a regulation
Article 17 – paragraph 3 – subparagraph 1 – point d – point iv
Article 17 – paragraph 3 – subparagraph 1 – point d – point iv
(iv) specific territories targeted, including the planned use of integrated territorial investment, community-led local development or other territorial tools;
Amendment 970 #
2018/0196(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. For ERDF, ESF+ and Cohesion Fund programmes submitted in accordance with Article 16, the table referred to in paragraph (3)(f)(ii) shall include the amounts for the years 2021 to 2025 only7.
Amendment 1102 #
2018/0196(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) another territorial tool supporting initiatives designed by the Member State for investments programmed for the ERDF under theall policy objectives referred to in Article 4(1)(e).
Amendment 1120 #
2018/0196(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 – point d
Article 23 – paragraph 1 – subparagraph 1 – point d
(d) a description of the involvement of partners in accordance withunder Article 6(1) in the preparation and in the implementation of the strategy.
Amendment 1122 #
2018/0196(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 2
Article 23 – paragraph 1 – subparagraph 2
Amendment 1129 #
2018/0196(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1
Article 23 – paragraph 3 – subparagraph 1
Amendment 1134 #
2018/0196(COD)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 2
Article 23 – paragraph 3 – subparagraph 2
Selecupported operations shall comply with the territorial strategy.
Amendment 1136 #
2018/0196(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1141 #
2018/0196(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1 (new)
Article 23 – paragraph 4 – subparagraph 1 (new)
The supported operations can be supported under more than one priority of the same programme.
Amendment 1145 #
2018/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Where a strategy implemented in accordance with Article 23 involves investments that receive support from one or more Funds, from more than one programme or from more than one priority of the sam or from more than one programme, actions may be carried out as an integrated territorial investment ('ITI').
Amendment 1147 #
2018/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Where the list of operations to be supported has not been included in the territorial strategy, the relevant urban, local or other territorial authorities or bodies shall select or shall be involved in the selection of operations.
Amendment 1148 #
2018/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
1b. Where an urban, local or other territorial authority or body carries out tasks falling under the responsibility of the managing authority other than the selection of operations, the authority shall be identified by the managing authority as an intermediate body.
Amendment 1373 #
2018/0196(COD)
Proposal for a regulation
Article 48 – paragraph 1 – subparagraph 2
Article 48 – paragraph 1 – subparagraph 2
Where the total cost of an operation does not exceed EUR 200 000, the contribution provided to the beneficiary from the ERDF, the ESF+, the AMIF, the ISF and the BMVI shall take the form of unit costs, lump sums or flat rates, except for operations for which the support constitutes State aid or operations supported on the basis of investment costs of a heterogeneous nature for which the calculation of unit costs, lump sums or flat rates has no sufficient grounding. Where flat-rate financing is used, only the categories of costs to which the flat-rate applies may be reimbursed in accordance with point (a) of the first sub-paragraph.
Amendment 1459 #
2018/0196(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
For point (d) of paragraph 1, management fees shall be performance based. Where bodies implementing a holding fund and/or specific funds, pursuant to Article 53(3), are selected through a direct award of contract, thHowever, for the first 24 months after the signature of the funding agreement, base remuneration can be added. The base remuneration for a financial instrument providing equity shall not exceed per annum 2.5% of programme contributions committed under the relevant funding agreement. The base remuneration for a financial instrument in all other cases shall not exceed per annum 0.5% of the programme contributions committed under the relevant funding agreement. The aggregate amount of management costs and fees paid to those bodies that can be declared as eligible expenditure shall be subject to a threshold of up to 5 % of the total amount of programme contributions disbursed to final recipients over the eligibility period shall not exceed the following limits: (a) for a fund of funds, 7% of the total amount of programme contributions paid to the fund of funds, (b) for a financial instrument providing equity, 20% of the total amount of programme contributions paid to the financial instrument, (c) for a financial instrument providing loans, equity or quasi-equity investments or set aside as agreed in guarantee contracts8% of the total amount of programme contributions paid to the financial instrument, (d) for a financial instrument providing guarantees, 10% of the total amount of programme contributions paid to the financial instrument, (e) for a financial instrument providing micro-credit, 10% of the total amount of programme contributions paid to the financial instrument.
Amendment 1480 #
2018/0196(COD)
Proposal for a regulation
Article 63 – paragraph 7 – subparagraph 1
Article 63 – paragraph 7 – subparagraph 1
Member States shall ensure that all exchanges of information between beneficiaries and the programme authorities arcan be carried out by means of electronic data exchange systems in accordance with Annex XII.
Amendment 1513 #
2018/0196(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point e
Article 66 – paragraph 1 – point e
(e) record and store in an electronic systems the data on each operation necessary for monitoring, evaluation, financial management, verifications and audits, and shall ensure the security, integrity and confidentiality of data and the authentication of the users.
Amendment 1590 #
2018/0196(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The audit authority shall prepare an audit strategy based on a risk assessment, taking account of the management and control system description provided for in Article 63(9), covering system audits and audits of operations. The audit strategy shall include system audits of newly identified managing authorities and authorities in charge of the accounting function. The audit shall be performed within nine months following their first year of functioning. The audit strategy shall be prepared in accordance with the template set out in Annex XVIII and shall be updated annually following the first annual control report and audit opinion provided to the Commission. It may cover one or more programmes. In the audit strategy, the audit authority may determine a limit for single account audits.
Amendment 1598 #
2018/0196(COD)
Proposal for a regulation
Article 74 – paragraph 1 – subparagraph 2
Article 74 – paragraph 1 – subparagraph 2
The Commission and audit authorities shall first use all information and records available in the electronic systems referred to in Article 66(1)(e), including results of management verifications and only request and obtain additional documents and audit evidence from the beneficiaries concerned where, based on their professional judgement, this is required to support robust audit conclusions.
Amendment 1603 #
2018/0196(COD)
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
1. The managing authority shall carry out on-the-spot management verifications in accordance with Article 68(1) only at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans. If the financial instrument provides control reports supporting the payment application, the managing authority does not need to carry out on-the-spot management verifications.
Amendment 1607 #
2018/0196(COD)
Proposal for a regulation
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The audit authority shall carry out system audits and audits of operations in accordance with Articles 71, 73 or 77 at the level of bodies implementing the financial instrument and, in the context of guarantee funds, at the level of bodies delivering the underlying new loans. If the financial instrument provides the audit authority with an annual audit report drawn up by their external auditors by the end of each calendar year that covers the elements included in Annex XVII., the audit authority does not need to carry out further audits.
Amendment 1803 #
2018/0196(COD)
Proposal for a regulation
Article 99 – paragraph 2
Article 99 – paragraph 2
2. The amount to be covered by pre- financing or payment applications by the time limit established in paragraph 1 concerning the budget commitment of 2021 shall be 60 % of that commitment. 1Concerning the budget commitments for 2022 and 2023, it shall be 80% of that commitment. 20 % of the budget commitment of 2021 shall be added to each budget commitment for the years 2022 to 20255 and 2026, and 20% of the budget commitments of 2022 and 2023 shall be added to the budget commitment for the year 2027 for the purposes of calculating the amounts to be covered.
Amendment 2009 #
2018/0196(COD)
Proposal for a regulation
Annex II – point 5 – paragraph 3
Annex II – point 5 – paragraph 3
Amendment 2011 #
2018/0196(COD)
Proposal for a regulation
Annex II – point 6 – paragraph 3
Annex II – point 6 – paragraph 3
Amendment 2013 #
2018/0196(COD)
Proposal for a regulation
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.2 – introductory part
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.2 – introductory part
2.1.1.2 Indicators55 _________________ 55 Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.
Amendment 2015 #
2018/0196(COD)
Proposal for a regulation
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.3 – introductory part
Annex V – point 2 – paragraph 3 – point 2.1 – point 2.1.1 – point 2.1.1.3 – introductory part
2.1.1.3 Indicative breakdown of the programme resources (EU) by type of intervention56 (not applicable to the EMFF) _________________ 56 Prior to the mid-term review in 2025 for the ERDF, the ESF+ and the CF, breakdown for the years 2021 to 2025 only.
Amendment 2017 #
2018/0196(COD)
Proposal for a regulation
Annex V – point 3 – point 3.2 – introductory part
Annex V – point 3 – point 3.2 – introductory part
3.2 Total financial appropriations by fund and national co-financing59 _________________ 59 the ERDF, the ESF+ and the CF, financial appropriations for the years 2021 to Prior to the mid-term review in 2025 only.for
Amendment 2089 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 001 a (new)
Annex I – Table 1 – Policy objective 1 – row 001 a (new)
001a Investment in fixed assets in micro 0% 0% enterprises
Amendment 2092 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 002 a (new)
Annex I – Table 1 – Policy objective 1 – row 002 a (new)
002a Investment in fixed assets in small and 0% 0% medium-sized enterprises
Amendment 2095 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 004 a (new)
Annex I – Table 1 – Policy objective 1 – row 004 a (new)
004a Investment in intangible assets in 0% 0% micro enterprises
Amendment 2098 #
2018/0196(COD)
Proposal for a regulation
Annex I – Table 1 – Policy objective 1 – row 005 a (new)
Annex I – Table 1 – Policy objective 1 – row 005 a (new)
005a Investment in intangible assets in 0% 0% small and medium-sized enterprises
Amendment 2156 #
2018/0196(COD)
Proposal for a regulation
Annex IV – Specific objective – row 2 – column 2
Annex IV – Specific objective – row 2 – column 2
ERDF: All specific objectives under this policy objectives, except for the specific objective in Article 2 (1) (a) (iii) of the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Regional Development Fund and on the Cohesion Fund
Amendment 569 #
2017/2052(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Calls on the Commission to follow up on the ‘18th Birthday Interrail Pass for Europe’ project and put forward a dedicated programme in the next MFF with sufficient annual appropriations to cover all applications for a free railway pass coming from young Europeans that turn 18 in a specific year; underlines that such a project would become a key component in increasing European consciousness and identity, especially in the face of threats such as populism and the spread of misinformation; reiterates that in order to reach the objective of such a programme a proper legal base proposal is expected from the Commission;
Amendment 138 #
2016/2019(BUD)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 150 #
2015/2041(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that representations of national, regional and local governments should not fall under the EU lobby register if they have their own mandatory lobby register and do not offer workspace for private or corporate actors within their representations, and their respective umbrella organisations, should not fall under the EU lobby register;
Amendment 45 #
2013/2130(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 46 #
2013/0110(COD)
Proposal for a directive
Recital 1
Recital 1
(1) In its Communication to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled 'Single Market Act Twelve levers to boost growth and strengthen confidence "Working together to create new growth"'9, adopted on 13 April 2011, the Commission identifies the need to improraise to a similarly high level the transparency of the social and environmental information provided by companies in all sectors across all Member States, in order to ensure a level playing field. __________________ 9 COM(2011) 206 final, 13 April 2011.
Amendment 51 #
2013/0110(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The coordination of national provisions concerning the disclosure of non-financial information in respect of large listed undertakings with limited liability is of importance for the interests of companies, shareholders and other stakeholders alike. Coordination is necessary in those fields because most of these undertakings operate in more than one Member State.
Amendment 54 #
2013/0110(COD)
Proposal for a directive
Recital 5
Recital 5
(5) It is also necessary to establish a certain minimum legal requirement as regards the extent of the information that should be made available to the public by undertakings across the Union. Annual reports should give a fair and comprehensive view of an undertaking's policies, results, and riskbring into line the scope and requirements concerning the extent of the information to ensure a similarly high level in all Member States.
Amendment 59 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, listed companies should be requirurged to include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employee-related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 79 #
2013/0110(COD)
Proposal for a directive
Recital 9
Recital 9
Amendment 84 #
2013/0110(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The European Council of 24 and 25 March 2011 called for the overall regulatory burden, in particular for small and medium-sized enterprises ("SMEs"), to be reduced at both European and national levels and suggested measures to increase productivity while the Europe 2020 Strategy for smart, sustainable and inclusive growth aims to improve the business environment for SMEs and to promote their internationalisation. Thus, according to the "‘think-small-first"’ principle, the disclosure requirements under Directive 78/660/EEC and Directive 83/349/EEC should only apply to certain large listed undertakings and groups; SMEs with fewer than 500 employees are permanently exempted.
Amendment 91 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets and turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the annual report should only apply to those listed companies whose average number of employees exceeds 500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million.
Amendment 100 #
2013/0110(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 105 #
2013/0110(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The obligation to disclose their diversity policies for their administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background and gender should only apply to large listed companies. Therefore small and medium- sized companies that may be exempted from certain accounting obligations under article 27 of Directive 78/660/EEC should not be covered to by this obligation. Disclosure of the diversity policy should be part of the corporate governance statement, as laid down by Article 46a of Directive 78/660/EEC. Companies not having a such a diversity policy should not be obliged to put one in place, but they should clearly explain why this is the case.
Amendment 122 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 78/660/EEC
Article 46 – paragraph 1 – point b – subparagraph 1 – introductory wording
Article 46 – paragraph 1 – point b – subparagraph 1 – introductory wording
For companielisted undertakings whose average number of employees during the financial year exceeds 500 and, on their balance sheet dates, exceed ei, the review shall also – to the extent that this is decisive for ther a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall alsossessment of the development, performance or position of the undertaking – include a non-financial statement containing information relating to at least environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including:
Amendment 144 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 78/660/EEC
Article 46 – paragraph 4
Article 46 – paragraph 4
4. Where a companylisted undertaking prepares a comprehensive report corresponding to the same financial year relying on national, EU-based or international frameworks and which covers the information provided for in paragraph 1(b), it shall be exempt from the obligation to prepare the non-financial statement set out in paragraph 1(b), provided that such report is part of the annual report.
Amendment 153 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 78/660/EEC
Article 46 a – paragraph 1 – point g
Article 46 a – paragraph 1 – point g
(g) a description of the companylisted undertaking's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background and gender, the objectives of this diversity policy, how it has been implemented and the results in the reporting period. If the companylisted undertaking has no such policy, the statement shall contain a clear and reasoned explanation as to why this is the case.
Amendment 202 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point g
Article 2 a (new) – point g
Directive 2013/34/EU
Article 34
Article 34
the non-financial statement as part of the annual report or the reference in the annual report to a comprehensive report or a report attached to the annual report shall not be covered by the audit of annual accounts carried out in accordance with Chapter 11, paragraph 51.
Amendment 204 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point i
Article 2 a (new) – point i
Directive 2013/34/EU
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. If an undertaking has reason to believe that meeting the reporting obligations laid down in paragraph 1 would expose it to inappropriate economic and legal risks in a reporting country, it shall inform the Commission without undue delay. The Commission shall investigate in order to determine which information can be disclosed and may grant the undertaking a special exemption from the disclosure obligation in respect of payments or a particular category of payments to government bodies in the State in question. In such cases the Commission shall open talks with the State concerned with a view to securing agreement to the disclosure of the information in question. If agreement is reached, the Commission shall revoke the special exemption from the disclosure obligations granted to the undertaking.
Amendment 128 #
2013/0027(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Network and information systems and services play a vital role in the society. Their reliability and security are essential to the freedom and overall security for the citizens of the EU as well as to economic activities and social welfare, and in particular to the functioning of the internal market.
Amendment 130 #
2013/0027(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The magnitude and frequency of deliberate or accidental security incidents is increasing and represents a major threat to the functioning of networks and information systems. Such incidents can impede the pursuit of economic activities, generate substantial financial losses, undermine user and investor confidence and cause major damage to the economy of the Union.
Amendment 132 #
2013/0027(COD)
Proposal for a directive
Recital 3
Recital 3
(3) As a communication instrument without traditional frontiers, digital information systems, and primarily the Internet play an essential role in facilitating the cross- border movement of goods, services, ideas and people. Due to that transnational nature, substantial disruption of those systems in one Member State can also affect other Member States and the Union as a whole. The resilience and stability of network and information systems is therefore essential to the smooth functioning of the internal market and moreover to the functioning of external markets, too.
Amendment 136 #
2013/0027(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A cooperation mechanism should be established at Union level to allow for information exchange and coordinated detection and response regarding network and information security (‘NIS’). For that mechanism to be effective and inclusive, it is essential that all Member States have minimum capabilities and a strategy ensuring a high level of NIS in their territory. Minimum security requirements should also apply to public administrations and, operators of critical information infrastructure and stock listed companies to promote a culture of risk management and ensure that the most serious incidents are reported.
Amendment 142 #
2013/0027(COD)
Proposal for a directive
Recital 5
Recital 5
(5) To cover all relevant incidents and risks, this Directive should apply to all network and information systems. The obligations on public administrations and market operators should however not apply to undertakings providing public communication networks or publicly available electronic communication services within the meaning of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)25 , which are subject to the specific security and integrity requirements laid down in Article 13a of that Directive nor should they apply to trust service providers. __________________ 25. __________________ 25 OJ L 108, 24.4.2002, p. 33. OJ L 108, 24.4.2002, p. 33.
Amendment 147 #
2013/0027(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Responding effectively to the challenges of the security of network and information systems therefore requires a global approach at Union level covering common minimum capacity building and planning requirements, exchange of information and coordination of actions, and common minimum security requirements for all market operators concerned and public administrations. Minimal common standards should be applied in accordance with appropriate recommendations by the Cyber Security Co-Ordination Groups (CSGC).
Amendment 150 #
2013/0027(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To achieve and maintain a common high level of security of network and information systems, each Member State should have a national NIS strategy defining the strategic objectives and concrete policy actions to be implemented. NIS cooperation plans complying with essential requirements need to be developed at national level in order to reach capacity response levels allowing for effective and efficient cooperation at national and Union level in case of incidents. Each Member State should therefore be obliged to meet common standards regarding data format and the exchangeability of data to be shared and evaluated.
Amendment 155 #
2013/0027(COD)
Proposal for a directive
Recital 11
Recital 11
(11) All Member States and market operators should be adequately equipped, both in terms of technical and organisational capabilities, to prevent, detect, respond to and mitigate network and information systems' incidents and risks. Commonly required equipment and capabilities ought to comply with commonly agreed technical standards as well as standards procedures of operation (SPO). Well-functioning Computer Emergency Response Teams complying with essential requirements should therefore be established in all Member States to guarantee effective and compatible capabilities to deal with incidents and risks and ensure efficient cooperation at Union level. These CERTs should be enabled to interact on the basis of common technical standards and SPO.
Amendment 161 #
2013/0027(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The European Network and Information Security Agency (‘ENISA’) should assist the Member States and the Commission by providing its expertise and advice and by facilitating exchange of best practices. In particular, in the application of this Directive, the Commission should consult ENISA. To ensure effective and timely information to the Member States and the Commission, early warnings on incidents and risks should be notified within the cooperation network. To build capacity and knowledge among Member States, the cooperation network should also serve as an instrument for the exchange of best practices, assisting its members in building capacity, steering the organisation of peer reviews and NIS exercises.
Amendment 167 #
2013/0027(COD)
Proposal for a directive
Recital 15
Recital 15
(15) As most network and information systems are privately operated, cooperation between the public and private sector is essential. Market operators should be encouraged to pursue their own informal cooperation mechanisms to ensure NIS. They should also cooperate with the public sector and share information and best practices in exchange of operational support and information in case of incidents.
Amendment 170 #
2013/0027(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To ensure transparency and properly inform EU citizens and market operators, the competent authorities should set up a common website to publish non confidential information on the incidents and risks and to eventually advise on appropriate maintenance measures.
Amendment 173 #
2013/0027(COD)
Proposal for a directive
Recital 18
Recital 18
(18) On the basis in particular of national crisis management experiences and in cooperation with ENISA, the Commission and the Member States should develop a Union NIS cooperation plan defining cooperation mechanisms to prevent, detect, report, and counter risks and incidents. That plan should be duly taken into account in the operation of early warnings within the cooperation network.
Amendment 181 #
2013/0027(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Those obligations should be extended beyond the electronic communications sector to key providers of information society services, as defined in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services27 , which underpin downstream information society services or on-line activities, such as e- commerce platforms, Internet payment gateways, social networks, search engines, cloud computing services, application stores. Disruption of these enabling information society services prevents the provision of other information society services which rely on them as key inputs. Software developers and hardware manufacturers are not providers of information society services and are therefore excluded. Those obligations should also be extended to public administrations, and operators of critical infrastructure which rely heavily on information and communications technology and are essential to the maintenance of vital economical or societal functions such as electricity and gas, transport, credit institutions, stock exchange and health. Disruption of those network and information systems would affect the internal market. __________________ 27The obligations should also apply for stock listed companies due to their vital role for the functioning of the internal market. __________________ 27 OJ L 204, 21.7.1998, p. 37. OJ L 204, 21.7.1998, p. 37.
Amendment 182 #
2013/0027(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 189 #
2013/0027(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Competent authorities should pay due attention to preserving informal and trusted channels of information-sharing between market operators and between the public and the private sectors. Publicity of incidents reported to the competent authorities should duly balance the interest of the public in being informed about threats with possible reputational and commercial damages for the public administrations and market operators reporting incidents. In the implementation of the notification obligations, competent authorities should pay particular attention to the need to maintain information about product vulnerabilities strictly confidential prior to the release of appropriate security fixes though not delay any notification more than compulsorily required.
Amendment 193 #
2013/0027(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Criminal activities are in many cases underlying an incident. The criminal nature of incidents can be suspected even if the evidence to support it may not be sufficiently clear from the start. In this context, appropriate co-operation between competent authorities and law enforcement authorities as well as cooperation with the EC3 (Europol Cybercrime Centre) and ENISA should form part of an effective and comprehensive response to the threat of security incidents. In particular, promoting a safe, secure and more resilient environment requires a systematic reporting of incidents of a suspected serious criminal nature to law enforcement authorities. The serious criminal nature of incidents should be assessed in the light of EU laws on cybercrime.
Amendment 195 #
2013/0027(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Personal data are in many cases compromised as a result of incidents. Member States and market operators should protect personal data stored, processed or transmitted against accidental or unlawful destruction, accidental loss or alteration, and unauthorised or unlawful storage, access or disclosure, dissemination, or access; and ensure the implementation of a security policy with respect to the processing of personal data. In this context, competent authorities and data protection authorities should cooperate and exchange information on all relevant matters to tackle the personal data breaches resulting from incidents. Member states shall implement the obligation to notify security incidents in a way that minimises the administrative burden in case the security incident is also a personal data breach in line with the Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data28 . Liaising with the competent authorities and the data protection authorities, ENISA could assist by developing information exchange mechanisms and templates avoiding the need for two notification templates. This single notification template would facilitate the reporting of incidents compromising personal data thereby easing the administrative burden on businesses and public administrations. __________________ 28 SEC(2012) 72 final SEC(2012) 72 final
Amendment 199 #
2013/0027(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The Commission should periodically review this Directive, in particular with a view to determining the need for modification in the light of changing societal, political, technological or market conditions.
Amendment 206 #
2013/0027(COD)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Directive shall be without prejudice to EU laws on cybercrime and Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection32 __________________ 32. However, that Directive shall be reviewed without further delay in particular regarding the inclusion of ICT as a European Infrastructure. __________________ 32 OJ L 345, 23.12.2008, p. 75. OJ L 345, 23.12.2008, p. 75.
Amendment 211 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point b
Article 3 – paragraph 1 – point 1 – point b
(b) any device or group of inter-connected or related devices, one or more of which, pursuant to a program, perform automatic processing of computerdigital data, as well as
Amendment 212 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point c
Article 3 – paragraph 1 – point 1 – point c
(c) computerdigital data stored, processed, retrieved or transmitted by elements covered under point (a) and (b) for the purposes of their operation, use, protection and maintenance.
Amendment 213 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘security’ means the ability of a network and information system to resist, at a given level of confidence, accident or malicious action that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted data or the related services offered by or accessible via that network and information system; "security" as defined here includes appropriate technical devices, solutions and operating procedures ensuring the security requirements set forth in this Directive.
Amendment 217 #
2013/0027(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘incident handling’ means all procedures supporting the detection, prevention, analysis, containment and response to an incident;
Amendment 231 #
2013/0027(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure a sustained continuous high level of security of the network and information systems in their territories in accordance with this Directive.
Amendment 242 #
2013/0027(COD)
Proposal for a directive
Article 7 – paragraph 5 – point 1 (new)
Article 7 – paragraph 5 – point 1 (new)
(1) The CERT shall be enabled and encouraged to initiate and to participate in joint exercises with certain CERT, with all Member States-CERT, and with appropriate institutions of non-Member States as well as with CERT of multi- and international institutions such as NATO and the UN.
Amendment 249 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The cooperation network shall bring into permanent communication the Commission and the competent authorities. When requested, tThe European Network and Information Security Agency (‘ENISA’) shall assist the cooperation network by providing its expertise and advice.
Amendment 255 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) jointly discuss and assess, at the request of a Member State or the Commission, the effectiveness of the CERTs, in particular when NIS exercises are performed at Union level and implement measures to resolve identified weaknesses without measurable delay;
Amendment 258 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 3 – point f
Article 8 – paragraph 3 – point f
(f) cooperate and exchange information on all relevant matters with the European Cybercrime Centre within Europol, and with other relevant European bodies in particular in the fields of criminal investigation, data protection, energy, transport, banking, stock exchanges and health;
Amendment 262 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 3 – point i – point 1 (new)
Article 8 – paragraph 3 – point i – point 1 (new)
1) NIS-authorities shall be encouraged to engage in security research and other appropriate programmes of Horizon2020.
Amendment 278 #
2013/0027(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where the risk or incident subject to an early warning is of a suspected criminal nature, the competent authorities or the Commission shall inform the European Cybercrime Centre within Europol without measurable delay.
Amendment 285 #
2013/0027(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Union NIS cooperation plan shall be adopted no later than one year following the entry into force of this Directive and shall be revised regularly. Results of each revision shall be reported to the European Parliament.
Amendment 294 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that public administrations and market operators take appropriate technical and organisational measures to detect and effectively manage the risks posed to the security of the networks and information systems which they control and use in their operations. Having regard to the state of the art, these measures shall guarantee a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the services underpinned by those networks and information systems.
Amendment 298 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that public administrations and market operators notify to the competent authority incidents having a significant impact on the security of the core services they provide. completely and without measurable delay.
Amendment 303 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The requirements under paragraphs 1 and 2 apply to all market operators providing services within the European Union. Public authorities and market operators should provide disclosure tailored to their particular circumstances.
Amendment 308 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The competent authority may inform the public, or require the public administrations and market operators to do so, where it determines that disclosure of the incident is in the public interest. Once a yearEvery six months, the competent authority shall submit a summary report to the cooperation network on the notifications received and the action taken in accordance with this paragraph.
Amendment 310 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 4 – subparagraph 1 (new)
Article 14 – paragraph 4 – subparagraph 1 (new)
Besides reporting to the competent authority market operators shall be encouraged to announce incidents involving their corporation in their financial reports (on a voluntary basis).
Amendment 326 #
2013/0027(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall ensure that competent authorities have the power to issue binding instructions to market operators and public administrations and to issue enactments for legal and liability obligations, especially where a voluntary approach does not prove efficient.
Amendment 342 #
2013/0027(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission shall periodically review the functioning of this Directive and report to the European Parliament and the Council. The main focus of the review should be the provisions of Annex II, in particular the provisions regarding the internet enablers. The first report shall be submitted no later than threewo years after the date of transposition referred to in Article 21. For this purpose, the Commission may request Member States to provide information without undue delay. The review should also evaluate the voluntary incentives for stock listed companies set forth in this Directive: The effectiveness of this voluntary approach is to be evaluated by the competent national authority every 2 years. Results ought to be reported to the European Commission without delay. Should the voluntary approach aimed at protecting customers and investors interests not prove sufficient Member States shall introduce legal obligations.
Amendment 345 #
2013/0027(COD)
Proposal for a directive
Annex 1 – paragraph 1 – point 2 – point a – indent 1
Annex 1 – paragraph 1 – point 2 – point a – indent 1
– MDetection and monitoring incidents at a national level,
Amendment 346 #
2013/0027(COD)
Proposal for a directive
Annex 2 – heading 1
Annex 2 – heading 1
List of market operators - This list is non- exhaustive and shall be reviewed every 2 years:
Amendment 353 #
Amendment 359 #
2013/0027(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 a (new)
Annex 2 – paragraph 1 – point 5 a (new)
5a. Hardware developers and producers
Amendment 360 #
2013/0027(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 5 b (new)
Annex 2 – paragraph 1 – point 5 b (new)
5b. Software developers and producers
Amendment 130 #
2013/0025(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The use of the gambling sector to launder the proceeds of criminal activity is of concern. In order to mitigate the risks Gambling services with high payout ratios are at particular risk of being used for money laundering purposes; the risk is even grelated to the sector and to provide parity amongst the providers of gambling services, ar where these gambling services also have a high event frequency, where the outcome is not entirely subject to chance, and where very high stakes can be played for in a short period of time. An obligation for all providers of gambling services to conduct regular, if not enhanced, customer due diligence for single transactions (stakes and payouts) of EUR 2 000 or more should therefore be laid down. Member States should consider applying this threshold to the collection of winnings as well as wagering a stake. Providers of gambling services with physical premises (e.g. casinos and g, in any event wherever the average payout ratio exceeds 90 %. State-owned providers of gambling services with low average payout ratios, in any event whenever this ratio does not exceed 55 %, shall meet the requirements regarding customer due diligence for payouts of EUR 2 000 or more; this provision shall be without prejudice to Article 13. Gaming houses) should ensure that customer due diligence, if it is taken at the point of entry to the premises, can be linked to the transactions conducted by the customer on those premises.
Amendment 292 #
2013/0025(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d – introductory part
Article 10 – paragraph 1 – point d – introductory part
(d) for providers of gambling services, when carrying out occasional transactions amounting to EUR 2 000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 302 #
2013/0025(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d – indent 1 (new)
Article 10 – paragraph 1 – point d – indent 1 (new)
when carrying out occasional transactions amounting to EUR 2.000 or more, whether the transaction is carried out in a single operation or in several operations which appear to be linked;
Amendment 303 #
2013/0025(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d – indent 2 (new)
Article 10 – paragraph 1 – point d – indent 2 (new)
- except in the case of lotteries organised by State-owned enterprises with low average payout ratios (in any event under 55 %); in this case, customer due diligence applies to payouts of EUR 2 000 or more.
Amendment 322 #
2013/0025(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Where a Member State or an obliged entity identifies areas of lower risk, that Member State may allow obliged entities to apply simplified customer due diligence measures. Providers of gambling services whose average payout ratio exceeds 90 % shall not be permitted simplified customer due diligence.
Amendment 8 #
2013/0000(INI)
- having regard to point 57 of the European Council Conclusions on the Multiannual Financial Framework from 7/8 February 2013 – Regional Aid1, –––––––––––––––––––––––––– 1 EUCO 37/13, 08.02.2013, p.22.
Amendment 14 #
2013/0000(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas, according to the Commission, the purpose of its Regional Aid Guidelines is to promote a competitive and coherent single market, while at the same time ensuring that the distortive effects of the aid are kept to a minimum;
Amendment 82 #
2013/0000(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls the position of the European Council who has instructed the Commission to ensure that the particular situation of regions bordering convergence regions is accommodated for; reminds the Commission that regions sharing common borders with regions from other Member States are most exposed to the economic developments brought about by the accession of new Member States; highlights therefore the importance of a balanced approach to the allocation of so-called 'a' and 'c' areas with a view to minimising the disparities in aid intensity between regions from different Member States sharing the same border;
Amendment 85 #
2013/0000(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Urges the Commission to prevent inappropriate differences in aid intensity at national borders, by providing Member States with regions adjacent to 'a' areas of another Member State with a specific allocation of 'c' coverage; takes the view that the specific allocation should be assigned to NUTS 3 regions or parts thereof, which border on an 'a' area of another Member State and are not predefined 'c' areas; considers that this allocation should, by way of derogation from the overall coverage ceiling, be assigned to the Member States in addition to the allocation of predefined and non- predefined 'c' areas;
Amendment 56 #
2012/2078(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 63 #
2012/2078(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that, where Member States want to be excluded completely from a legal act in the field of the Union's non- exclusive competences, an enhanced cooperation in accordance with the relevant Treaty provision should, where possible, be established instead of concluding international treaties;
Amendment 92 #
2012/2078(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 93 #
2012/2078(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 94 #
2012/2078(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 97 #
2012/2078(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 120 #
2012/2078(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 123 #
2012/2078(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
Amendment 126 #
2012/2078(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 135 #
2012/2078(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
Amendment 175 #
2012/2078(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
Amendment 182 #
2012/2078(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
Amendment 188 #
2012/2078(INI)
Motion for a resolution
Paragraph 59
Paragraph 59
Amendment 191 #
2012/2078(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
Amendment 204 #
2012/2078(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
Amendment 212 #
2012/2078(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
Amendment 219 #
2012/2078(INI)
Motion for a resolution
Paragraph 66
Paragraph 66
Amendment 232 #
2012/2078(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
Amendment 237 #
2012/2078(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
Amendment 251 #
2012/2078(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
Amendment 256 #
2012/2078(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 170 #
2012/0366(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition . The prohibition of the sale of oral tobacco should be maintained in order to prevent the introduction to the internal market of a product that is addictive, has adverse health effects and is attractive to young peopleUpholds the ban on tobacco products for oral use, however, such a ban should not affect historically traditional tobacco products for oral use, which may be allowed by individual Member States. For other smokeless tobacco products that are not produced for the mass market, a strict labelling and ingredients regulation is considered sufficient to contain market expansion beyond their traditional use.
Amendment 203 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. Nasal tobacco products shall likewise be exempted. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 569 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, and roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 579 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. Nasal tobacco products shall likewise be exempted. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 1018 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall prohibit the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden. This ban should, however, not affect historically traditional tobacco products for oral use, which may be allowed by individual Member States.
Amendment 94 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – paragraph 2
Article 3 – paragraph 1 – point b – paragraph 2
it must have received, in at least one quarter of the Member States, at least three per cent of the votes cast in each of those Member States at the most recent elections to the European Parliament, or
Amendment 96 #
2012/0237(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – paragraph 2 a (new)
Article 3 – paragraph 1 – point b – paragraph 2 a (new)
it must have nationally recognised parties in at least one third of the Member States.
Amendment 123 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the admission, resignation and exclusion of the party's members, with the list of member parties annexed to it,
Amendment 139 #
2012/0237(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point g a (new)
Article 4 – paragraph 2 – point g a (new)
(g a) the minimum democratic standards to be met by the member parties in the interest internal party democracy, particularly standards for compliance with democratic principles when drawing up candidate lists at all political levels.
Amendment 159 #
2012/0237(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Within three months following the reception of the application for registration, and after formally monitoring compliance with the requirements and criteria in Articles 3, 4 and 5, the Administration of the European Parliament shall adopt a decision, which it shall publish in the Official Journal of the European Union, together with the party or foundation statutes or, where an application has not been approved, the grounds for rejection.
Amendment 173 #
2012/0237(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The uUpdated listinformation about the number of members of a European political party and an updated list of its member parties, annexed to the party statutes in accordance with Article 4(2), shall be sent to the European Parliament on a yearly basis, but within four weeks of any changes following which the European political party may no longer satisfy the requirement in Article 3(1)(b).
Amendment 178 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
The appropriate departments of the European Parliament shall verify annually that the formal conditions and requirements set out in Articles 3, 4 and 5 continue to be met by the European political parties and the European political foundations.
Amendment 187 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 192 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 198 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Amendment 210 #
2012/0237(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. If the European Parliament finds that any of the conditions or requirements referred to in paragraph 1 are no longer satisfied, the provisions provided for in Article 11 or in Article 22 or in both shall applyit shall draw the attention of the European political party to the breach and apply Article 22, having due regard to the provisions of Article 23.
Amendment 229 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
Amendment 234 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) it is removed from the Registry pursuant to the provisions in Article 22(1) or (47(2) or in accordance with Article 7(5).
Amendment 236 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 245 #
2012/0237(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. A European political party or a European political foundation in one of the cases provided for under paragraph 1 points (a), or (b) or (ca European political party which is removed from the Registry on account of failure to fulfil the requirements of Article 3(1)(b) shall have any ongoing decision on Union funding received under this Regulation withdrawn or any ongoing agreement on such funding terminated and any unspent Union funding recovered, including any unspent Union funds from previous years.
Amendment 300 #
2012/0237(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of national, regional or local elections or other political parties, and in particular national political parties or candidates.
Amendment 329 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. If the European Parliament finds, on the basis of a judgment of the Court of Justice of the European Union in accordance with Article 7(2), that a European political party or a European political foundation has failed to respect the values on which the Union is founded or has been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the Union as defined in Article [93(1)(e)] of the Financial Regulation, or that a European political party has failed to respect the minimum rules on internal democracy required by Article 4(2), theor finds that a European political party or thea European political foundation in question may be removed from the Registry, forfeit its status in accordance with Article 11, and havehas been the subject of a judgement which has the force of res judicata for illegal activities detrimental to the financial interests of the Union as defined in Article [93(1)(e)] of the Financial Regulation, any ongoing decision on Union funding received under this Regulation may be withdrawn or any ongoing agreement on such funding terminated and any Union funding recovered, including any unspent Union funds from previous years.
Amendment 345 #
2012/0237(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. AIf a European political party or a European political foundation which, following an infringement described in paragraph 2 point (a), fails to introduce the measures requested by the European Parliament to remedy the situation, despite having been given the opportunity to do so pursuant to Article 23, may be removed from the Registry and forfeit its status in accordance with Article 11, and have any ongoing decision on Union funding received under this Regulation may be withdrawn or any ongoing agreement on such funding terminated and any Union funding may be recovered, including any unspent Union funds from previous years.
Amendment 368 #
2012/0237(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point g
Article 24 – paragraph 1 – point g
(g) the details of and reasons for any final decisions taken by the European Parliament pursuant to Article 22, including, where relevant, the opinions adopted by the committee of independent eminent persons in accordance with Article 7(2), having due regard to the provisions of Regulation (EC) No 45/2001,;
Amendment 374 #
2012/0237(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. From the list of members of a European political party, annexed to the party statutes in accordance with Article 4(2) and updated in accordance with Article 6(7), the European Parliament shall publish the total number of members, and the identity of the legal persons that are members, as well as the names of those natural persons who have given their express written consent to their publication. European political parties shall request this consent as a matter of course from all natural persons who are members.
Amendment 383 #
2012/0237(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. In processing personal data pursuant to this Regulation, the European Parliament and the committee referred to in Article 7(2) shall comply with Regulation (EC) No 45/2001. For the purposes of the processing of personal data, ithey shall be considered as the data controllers in accordance with Article 2(d) of Regulation (EC) No 45/2001.
Amendment 386 #
2012/0237(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The European Parliament and the committee referred to in Article 7(2) shall ensure that personal data collected by ithem pursuant to this Regulation are not used for any purpose other than to ensure the legality, regularity and transparency of the funding of European political parties and European political foundations and the membership of European political parties. TheyIt shall destroy those personal data at the latest 24 months after publication of the relevant parts in accordance with Article 24.
Amendment 392 #
2012/0237(COD)
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. The European Data Protection Supervisor shall be responsible for monitoring and ensuring that the European Parliament and the committee referred to in Article 7(2) respects and protects the fundamental rights and freedoms of natural persons in the processing of personal data pursuant to this Regulation. Without prejudice to any judicial remedy, every data subject may lodge a complaint with the European Data Protection Supervisor if he or she considers that his or her right to the protection of their personal data has been infringed as a result of the processing of this data by the European Parliament or the committee.
Amendment 45 #
2012/0036(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The issuance of confiscation orders generally requires a criminal conviction. In some cases, even where a criminal conviction cannot be achieved, it should still be possible to confiscate assets in order to disrupt criminal activities and ensure that profits resulting from criminal activities are not reinvested into the licit economy or criminal activities. Some Member States allow confiscation where there is insufficient evidence for a criminal prosecution, if a court considers on the balance of probabilitiesis convinced, after making full use of all the available evidence, that the property is of illicit origin, and also in situations where a suspect or accused person becomes a fugitive to avoid prosecution, is unable to stand trial for other reasons or died before the end of criminal proceedings. This is referred to as non-conviction based confiscation. Provision should be made to enable non-conviction based confiscation in at least the latter, limited, circumstances in all Member States. This is in line with Article 54.1.c) of the United Nations Convention against Corruption, which provides that each State Party is to consider taking the necessary measures to allow confiscation of illicitly acquired property without a criminal conviction, including in cases in which the offender cannot be prosecuted by reason of death, flight or absence.
Amendment 47 #
2012/0036(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) In individual cases it should be possible to dispense, wholly or in part, with a confiscation order. Thus this would be possible in cases where the measure would disproportionately burden the person affected or lead to the loss of his livelihood, or if the cost of the confiscation disproportionately exceeds the amount being confiscated.
Amendment 48 #
2012/0036(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Confiscation should not hinder or prevent justified claims by victims of criminal offences committed by the person affected. It should be possible to dispense with confiscation where the victim has a claim against the perpetrator as a result of a criminal offence and confiscation would prevent this claim from being fulfilled.
Amendment 76 #
2012/0036(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘confiscation’ means a penalty or a measure, ordered by a court following proceedings in relation to a criminal offencein a judgment or following criminal proceedings resulting in the final deprivation of property;
Amendment 85 #
2012/0036(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall take the necessary measures to enable ita judicial authority, or a judicial authority acting on a court order, to confiscate, either wholly or in part, instrumentalities and proceeds following a final conviction for a criminal offence.
Amendment 89 #
2012/0036(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Each Member State shall take the necessary measures to enable it to a judicial authority or a judicial authority acting on a court order, according to their respective powers, to confiscate property the value of which corresponds to the proceeds following a final conviction for a criminal offence when the confiscation provided for in paragraph 1 is not possible.
Amendment 99 #
2012/0036(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each Member State shall adopt the necessary measures to enable it to confiscate, either wholly or in part, property belonging to a person convicted of a criminal offence where, based on specific facts, a court finds it substantially more probablend after making full use of all the available evidence, a court is convinced that the property in question has been derived by the convicted person from similar criminal activities than from other activities.
Amendment 103 #
2012/0036(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Each Member State shall take the necessary measures to enable it to confiscate proceeds and instrumentalities without a criminal conviction, following where, based on specific facts and after making full use of all the available evidence, the court is convinced that proceedings which could, if the suspected or accused person had been able to stand trial, have led to a criminal conviction, where:
Amendment 109 #
2012/0036(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the death or permanent illness of the suspected or accused person prevents any further prosecution; or
Amendment 121 #
2012/0036(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The confiscation of proceeds or property referred to in paragraph 1 shall be possible where the property is subject to restitution or where
Amendment 134 #
2012/0036(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Each Member State shall take the necessary measures to enable it to freeze property inwithout delay where there is a danger of its being dissipated, hidden or transferred out of the jurisdiction with a view to possible later confiscation. Such measures shall be ordered by, or where there is reason to suppose that the conditions for confiscation are met. Such measures shall require an order by the competent national authority, which shall be obtained without delay following the freezing of the property, except where the property consists of movable items, in which case an order shall be required only where it applied for by the person affected. The person affected by the measures under this Article shall have a right to contest the order and appeal against it to a court.
Amendment 137 #
2012/0036(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 153 #
2012/0036(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 (new)
Article 8 – paragraph 6 – subparagraph 1 (new)
The confiscation of a set of assets shall have the effect of preventing further confiscation in respect of the same assets. The Member States shall take the necessary measures to ensure that multiple confiscations in respect of the same assets are avoided.
Amendment 154 #
2012/0036(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2 (new)
Article 8 – paragraph 6 – subparagraph 2 (new)
All Member States shall take the necessary measures to ensure that, where as a result of a criminal offence injured parties have claims against the accused, confiscation does not jeopardise the enforcement of such claims.
Amendment 161 #
2012/0036(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 175 #
2012/0036(COD)
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Member States shall regularly collect and maintain comprehensive statistics from the relevant authorities in order to review the effectiveness of their confiscation systems. The statistics collected shall be sent to the Commission each year and shall include for all criminal offences falling within the scope of this directive:
Amendment 575 #
2012/0011(COD)
Proposal for a regulation
Recital 78 a (new)
Recital 78 a (new)
(78a) In order to provide effective protection for personal data, it is necessary, with reference to the territorial scope of this regulation, that it should also apply to processing, storage and use in third countries of data originating in Europe.
Amendment 1000 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Consent shall be purpose-limited and shall lose its validity when the purpose ceases to exist; consent shall also be invalid when the data subject gives his or her consent in a general and abstract way to unspecified and unpredictable forms of data processing.
Amendment 1008 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a child below the age of 135 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.
Amendment 1035 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission mayshall lay down standard forms for specific methods to obtain verifiable consent referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
Amendment 1601 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Without prejudice to other provisions of criminal law at European and/or Member State level, the automated processing of personal data to create a movement profile is prohibited.
Amendment 13 #
2011/2298(REG)
Parliament's Rules of Procedure
Rule 70 – paragraph 1
Rule 70 – paragraph 1
1. Negotiations with the other institutions aimed at reaching an agreement in the course of a legislative procedure shall be conducted having regard toin accordance with the Code of Conduct for negotiating in the context of the ordinary legislative procedure.
Amendment 18 #
2011/2298(REG)
Parliament's Rules of Procedure
Rule 70 – paragraph 2
Rule 70 – paragraph 2
2. Before entering into such negotiations, the committee responsible should, in principle, take a decision by a majority of its members and adopt a mandate, orientations or priorities.all take a decision on entering into negotiations by a majority of its members and adopt a mandate. That decision shall include the composition of Parliament's negotiating team. The mandate shall, as a general rule, consist of a report. Exceptionally, where the committee responsible considers it appropriate to enter into negotiations prior to the adoption of a report at first reading, the mandate shall consist of a set of clearly defined objectives, priorities or orientations. The decision of the committee responsible on the opening of negotiations in a legislative procedure shall be translated into all the official languages, transmitted to the President and distributed to all Members of Parliament
Amendment 24 #
2011/2298(REG)
Parliament's Rules of Procedure
Rule 70 – paragraph 2 a (new)
Rule 70 – paragraph 2 a (new)
2a. As a general rule, the composition of the negotiating team shall reflect the political balance. It shall be chaired by the Chair of the committee responsible or a Vice-Chair, designated by the Chair. The negotiating team shall comprise the rapporteur and the shadow rapporteurs. The committee secretariat shall be responsible for the practical organisation of the meetings with the Council and the Commission ("trilogues").
Amendment 30 #
2011/2298(REG)
Parliament's Rules of Procedure
Rule 70 – paragraph 2 b (new)
Rule 70 – paragraph 2 b (new)
2b. Any negotiation document (in a four- column format) shall be circulated to the negotiating team at least 24 hours in advance of each meeting. After each trilogue the negotiating team shall report back to the committee at its subsequent meeting. Where it is not feasible to convene a meeting of the committee in a timely manner, the negotiating team shall report back to the Chair, the shadow rapporteurs and the coordinators of the committee, as appropriate. Any negotiation document (in a four- column format) reflecting the outcome of the last trilogue shall be made available to the committee.
Amendment 48 #
2011/2298(REG)
Parliament's Rules of Procedure
Rule 70 a (new)
Rule 70 a (new)
Rule 70a Approval of a decision on the opening of interinstitutional negotiations prior to the adoption of a report at first reading 1. Any decision by a committee on the opening of negotiations prior to the adoption of a report at first reading shall be translated into all the official languages, distributed to all Members of Parliament and submitted to the Conference of Presidents. 2. If so requested by at least one political group, the Conference of Presidents shall include the item, for consideration with a debate, opening of a deadline for amendments and vote, in the draft agenda of the part-session subsequent to its adoption by the committee responsible and distribution in all the official languages. 3. In the absence of such decision by the Conference of Presidents, the decision on the opening of negotiations shall be announced by the President at the opening of the subsequent part-session. That decision shall be deemed to be adopted unless, within 48 hours after the announcement, 40 Members request in writing that the item be included in the draft agenda of the part-session subsequent to the announcement for consideration with a debate and vote. The President shall set a deadline for the tabling of amendments. 4. The report as adopted by plenary shall form the basis for the mandate of the negotiating team and shall be refered back to the committee responsible as such. The committee responsible shall take a decision on any agreement reached as an outcome of those negotiations.
Amendment 152 #
2011/2035(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Doubts whether specific operational programmes for functional geographical entities such as metropolitan regions or sea or river basins will yield additional benefits; is particularly aware, in relation to such programmes, of the absence of political bodies (including democratically elected bodies) with a sufficiently wide- ranging remit to implement them; calls instead for closer coordination of macroregional or natural-environment strategies at inter-governmental levels; calls for cross-border groupings to be involved in devising the operational programmes for cross-border programmes, on the basis of the EGTC Regulation;
Amendment 299 #
2011/2035(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Takes the unequivocal view that efforts under Objective 3 (European Territorial Cooperation) need to be stepped up at all EU internal borders and at all three levels of such cooperation (cross-border, inter- regional and trans-national) and calls for the relevant share of the structural funds to be increased to 7%; stresses the importance of the border regions in terms of achievement of the EU 2020 objectives; considers there is a need for closer linkage with the TEN networks – in line with European priorities – and with cross-border infrastructure, and calls for a corresponding increase in funding for all border regions; stresses the close involvement of decision-makers at local level, since programmes can be fleshed out only if this is guaranteed;
Amendment 27 #
2011/0461(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The Mechanism should include a general policy framework for Union disaster risk prevention actions aimed at achieving a high level of protection and resilience against disasters by preventing or reducing their effects and by fostering a culture of prevention. Risk management plans are essential to ensure an integrated approach to disaster management, linking risk prevention, preparedness and response actions. Therefore, the Mechanism should include a general framework for their communication and implementation.
Amendment 66 #
2011/0461(COD)
Proposal for a decision
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
Amendment 70 #
2011/0461(COD)
Proposal for a decision
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
Amendment 77 #
2011/0461(COD)
Proposal for a decision
Article 6
Article 6
Amendment 93 #
2011/0461(COD)
Proposal for a decision
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the Commission, in cooperation with Member States, shall produce reference scenarios for disasters inside and outside the Union, taking into account the risk management plans referred to in Article 6;
Amendment 110 #
2011/0461(COD)
Proposal for a decision
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
Amendment 464 #
2011/0281(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 991 #
2011/0281(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29a Aid in the hops sector 1. The Community shall finance a payment to producer organisations in the hops sector recognised under Article 106 to fund measures to achieve the aims referred to in that Article. 2. The annual Community financing for the payment to producer organisations shall be EUR 2 277 000 for Germany. 3. The Commission shall adopt implementing provisions for this Section.
Amendment 1290 #
2011/0281(COD)
Proposal for a regulation
Article 59 a (new)
Article 59 a (new)
Article 59a Certification for hops 1. Products of the hops sector, harvested or prepared within the Community, shall be subject to a certification procedure. 2. Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. 3. The certificates shall indicate at least: (a) the place(s) of production of the hops; (b) the year(s) of harvesting; (c) the variety or varieties. 4. Products of the hops sector may be marketed or exported only if a certificate as referred to in paragraphs 1, 2 and 3 has been issued. In the case of imported products of the hops sector, the attestation provided for in Article 128a(2) shall be deemed to be equivalent to the certificate. 5. Measures derogating from paragraph 4 may be adopted by the Commission: (a) in order to satisfy the trade requirements of certain third countries; or (b) for products intended for special uses. The measures referred to in the first subparagraph shall: (a) not prejudice the normal marketing of products for which the certificate has been issued; (b) be accompanied by guarantees intended to avoid any confusion with those products.
Amendment 1916 #
2011/0281(COD)
Proposal for a regulation
Article 129 a (new)
Article 129 a (new)
Article 129a Imports of hops 1. Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those applicable to similar products harvested in the Community or made from such products. 2. Products shall be regarded as meeting the quality standards referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 59a. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation shall be recognised as being equivalent to the certificate only if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. The equivalence of the attestations shall be verified in accordance with detailed rules adopted by the Commission.
Amendment 227 #
2011/0276(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) A performance framework should be defined for each programme with a view to monitoring progress towards the objectives and targets set for each programme over the course of the programming period. The Commission should undertake a performance review in cooperation with the Member States in 2017 and 2019. A performance reserve should be foreseen and allocated in 2019 where milestones set in the performance framework have been attained. Due to their diversity and multi- country character, there should be no performance reserve for 'European Territorial Cooperation' programmes. In cases where the shortfall in the achievement of milestones or targets is significant, the Commission should be able to suspend payments to the programme or, at the end of the programming period, apply financial corrections, in order to ensure that the Union budget is not used in a wasteful or inefficient way. Where these corrections or suspensions affect a Member State which is experiencing or is threatened with serious difficulties with regard to its financial stability, the Member State should be able to request that these funds are provided to it in a specific growth programme administered by the Commission. This should be carried out on the basis of the relevant programmes, having regard to priorities and with the maximum economic effectiveness. The purpose of this mechanism is to avoid further worsening of the economically constrained situation.
Amendment 238 #
2011/0276(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Establishing a closer link between cohesion policy and the economic governance of the Union will ensure that the effectiveness of expenditure under the CSF Funds is underpinned by sound economic policies and that the CSF Funds can, if necessary, be redirected to addressing the economic problems a country is facing. This process has to be gradual, starting with amendments to the Partnership Contract and to the programmes in support of Council recommendations to address macroeconomic imbalances and social and economic difficulties. Where, despite the enhanced use of CSF Funds, a Member State fails to take effective action in the context of the economic governance process, the Commission should have the right to suspend all or part of the payments and commitments. Decisions on suspensions should be proportionate and effective, taking into account the impact of the individual programmes for addressing the economic and social situation in the relevant Member State and previous amendments to the Partnership Contract. When deciding on suspensions, the Commission should also respect equality of treatment between Member States, taking into account in particular the impact of the suspension on the economy of the Member State concerned. The suspensions should be lifted and funds be made available again to the Member State concerned as soon as the Member State takes the necessary action. If a Member State fails to take appropriate actions within a period greater than three months, the Commission should be able to place the suspended payments and commitments in a programme administered and supervised by the Commission. This programme should prioritise maximising growth, for example by providing grants for economy-related infrastructure, to avoid causing further damage to the regional economy and the social situation.
Amendment 244 #
2011/0276(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
19a. The Commission should, at the request of the relevant Member State, be able to make an ad hoc decision on the rules and conditions applicable to this programme, in particular on the basis of the funds released due to corrections and suspensions relating to the Structural Funds and the Cohesion Fund;
Amendment 258 #
2011/0276(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) It is necessary to lay down specific rules regarding the amounts to be accepted as eligible expenditure at closure, to ensure that the amounts, including the management costs and fees, paid from the CSF Funds to financial instruments are effectively used for investments and payments to final recipients. It is also necessary to lay down specific rules regarding the reuse of resources attributable to the support from the CSF Funds, including the use of legacy resources after the closure of the programmes. These attributable and legacy resources, together with other available resources, e.g. from financial corrections, should be made available to Member States experiencing serious difficulties with regard to their financial stability and managed by the Commission, prioritising the most effective measures to stimulate growth.
Amendment 269 #
2011/0276(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) To ensure the effectiveness, fairness and sustainable impact of the intervention of the CSF Funds, there should be provisions guaranteeing that investments in businesses and infrastructures are long- lasting and prevent the CSF Funds from being used to undue advantage. Experience has shown that a period of five10 years is an appropriate minimum period to be applied, except where State aid rules foresee a different period. It is appropriate to exclude actions supported by the ESF and those not entailing productive investment or investment in infrastructure from the general requirement of durability, unless such requirements are derived from applicable State aid rules, and to exclude contributions to or from financial instruments.
Amendment 270 #
2011/0276(COD)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
Amendment 271 #
2011/0276(COD)
Proposal for a regulation
Recital 41 b (new)
Recital 41 b (new)
(41b) In the case of direct subsidies to undertakings, it should be recognised that cohesion policy funding, rather than influencing decisions by companies, particularly bigger companies, to open a plant in a given location, tends to be pocketed by companies which have already taken such decisions (deadweight effect). Support for large private undertakings should therefore be focussed on investment in research and development or provided, in more cases, indirectly through infrastructure financing;
Amendment 272 #
2011/0276(COD)
Proposal for a regulation
Recital 41 c (new)
Recital 41 c (new)
(41c) The Structural Funds Regulation should contain an explicit regulation excluding all EU financing for relocations within the Union and reducing the threshold for reviewing investments of this kind to EUR 25 million, thereby excluding large enterprises from receiving direct subsidies and limiting the duration of operation to 10 years;
Amendment 284 #
2011/0276(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) In order to encourage financial discipline, it is appropriate to define the arrangements for decommitment of any part of the budget commitment in a programme, in particular where an amount may be excluded from decommitment, notably when delays in implementation result from circumstances which are independent of the party concerned, abnormal or unforeseeable and whose consequences cannot be avoided despite the diligence shown. If a Member State is in a difficult financial position, the Commission should, at the request of this Member State, be able to assume financial administration responsibility and set up a programme promoting economic growth in the relevant Member State.
Amendment 338 #
2011/0276(COD)
Proposal for a regulation
Recital 86 a (new)
Recital 86 a (new)
(86a) In the case of Member States experiencing or threatened by a difficult financial situation and already receiving support measures from the Union in the form of financial assistance, the Commission should be able to make available to the Member States corrected and/or recovered resources and/or interest earnings or other amounts recovered by the central funds management system, in accordance with Article 53a of the Financial Regulation, in a separate programme focussing on investments for growth, in particular grants for economy- related infrastructure works.
Amendment 339 #
2011/0276(COD)
Proposal for a regulation
Recital 86 b (new)
Recital 86 b (new)
(86b) In order to avoid exacerbating the financial situation of Member States already experiencing or threatened by a difficult financial situation, the Commission should, at the request of these Member States and under their management, be able to make available to these Member States recovered or suspended resources without delay and within the framework of a separate programme supporting specific growth stimulation measures (including grants for economy-related infrastructure works).
Amendment 438 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 5 – paragraph 3 a (new)
Part 2 – article 5 – paragraph 3 a (new)
3a. The Code of Good Conduct will define, a number of partnership criteria that will be part of the Partnership Contract and the Operational Programmes. These partnership criteria will cover following minimum specifications: (a) description of the partner institutions that from the formal partnership; (b) the cooperation procedure with the competent nation, regional and local institutions, ensuring binding voting rights in partnership decisions, including changes of the Operational Programme; (c) description of the formal consultation procedure of the partner institutions in the drafting of national guidance notes and supplementary implementing rules; (d) description of the stakeholders involved in the preparation, implementation, monitoring and evaluation of the Operational Programmes; (e) transparency of the procedures and the relevant documents concerning the Development and Investment Partnership Contract and the Operational Programmes. These criteria shall be verified ex ante, as well as be subject to annual reporting by the Member States to the Commission.
Amendment 443 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 5 – paragraph 4 a (new)
Part 2 – article 5 – paragraph 4 a (new)
4a. At least once a year, for each CSF Fund, the Commission shall consult the organisations which represent the partners at Union level on the implementation of support from the CSF Funds. (This shall be paragraph 5.)
Amendment 621 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 14 – paragraph 1 – point c a (new)
Part 2 – article 14 – paragraph 1 – point c a (new)
(ca) an integrated infrastructure development strategy for the regions, particularly with reference to the integrated use of the CPR Fund, the ‘Connecting Europe’ facility and the TEN Fund with particular consideration of cross-border connections and regional links to transnational transport axes;
Amendment 739 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 22 – paragraph 2 a (new)
Part 2 – article 22 – paragraph 2 a (new)
2a. Member States that meet one of the conditions of Paragraph 1, Letters a, b, or c can, in order to stabilise their economic position and to avoid a disastrous loss of resources, request that the Commission should use an implementing measure to establish a special programme according to Article 53a of the Financial Regulation (centralised management) which ensures that suspended or withdrawn payments of the relevant Member State enable the objectives of Article 21(4) (greatest possible increase in the effects of the available resources on growth and competitiveness) to be achieved as quickly as possible;
Amendment 847 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 32 – paragraph 1 – subparagraph 2
Part 2 – article 32 – paragraph 1 – subparagraph 2
Financial instruments may be combined with grants, interest rate subsidies and guarantee fee subsidies. In this case, separate records must be maintained for each form of financing.
Amendment 850 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 32 – paragraph 1 – subparagraph 3
Part 2 – article 32 – paragraph 1 – subparagraph 3
The Commission shall be empowered to adopt delegated acts in accordance with Article 142 laying down detailed rules concerning the ex-ante assessment of financial instruments, the combination of support provided to final beneficiaries through grants, interest rate subsidies, guarantee fee subsidies and financial instruments, additional specific rules on eligibility of expenditure and rules specifying the types of activities which shall not be supported through financial instrumentslay down uniform conditions in implementing acts for the ex-ante assessment of financial instruments. These implementing acts shall be adopted in accordance with the verification procedure referred to in Article 143(3).
Amendment 856 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 33 – paragraph 3 – subparagraph 2
Part 2 – article 33 – paragraph 3 – subparagraph 2
Amendment 861 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 33 – paragraph 4 – subparagraph 2
Part 2 – article 33 – paragraph 4 – subparagraph 2
Amendment 1089 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 59 – paragraph 3 – point b
Part 2 – article 59 – paragraph 3 – point b
(b) the purchase of land not built on and land built on in the amount equivalent to that of land not built on and exceeding 10% of the total eligible expenditure for the operation concerned. In exceptional and duly justified cases, a higher percentage may be permitted for operations concerning environmental conservation;
Amendment 1104 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 61 – paragraph 1 – subparagraph 1 – introductory part
Part 2 – article 61 – paragraph 1 – subparagraph 1 – introductory part
An operation comprising investment in infrastructure or productive investment shall repay the contribution from the CSF Funds if within five10 years from the final payment to the beneficiary or within the period of time set out in the State aid rules, where applicable, it is subject to:
Amendment 1108 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 61 – paragraph 1 a (new)
Part 2 – article 61 – paragraph 1 a (new)
1a. When assessing projects valued in excess of EUR 25 million, the Commission should have all the necessary information to enable it to estimate whether the level of funding would lead to significant job losses at existing locations in the European Union, so as to ensure that Community funding is not used to support changes of location within the Union.
Amendment 1123 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 64 – paragraph 1
Part 2 – article 64 – paragraph 1
1. In accordance with [Article 56(3)] of the Financial Regulation, each body responsible for the management and control of expenditure under the CSF Funds shall be accredited by formal decision of an accrediting authority at ministerial level., provided that the Commission has been able to gain sufficient confidence in the administrative structures of the Member State in the last funding periods;
Amendment 1162 #
2011/0276(COD)
Proposal for a regulation
Part 2 – article 75 – paragraph 1 – introductory part
Part 2 – article 75 – paragraph 1 – introductory part
1. By 1 February30 June of the year following the end of the accounting period, the Member State shall submit to the Commission the following documents and information in accordance with [Article 56] of the Financial Regulation:
Amendment 1193 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 82 – paragraph 2 – subparagraph 1 – point b
Part 3 – article 82 – paragraph 2 – subparagraph 1 – point b
Amendment 1281 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 3
Part 3 – article 84 – paragraph 3
3. At least 215 % of the Structural Funds resources for less developed regions, 40% for transition regions and 525 % for more developed regions in each Member State shall be allocated to the ESF. For the purposes of this provision, the support to a Member State through the [Food for deprived people instrument] shall be considered as part of the share of Structural Funds allocated to the ESF.
Amendment 1286 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 3
Part 3 – article 84 – paragraph 3
3. At least 25 % of the Structural Funds resources for less developed regions, 40% for transition regions and 52% for more developed regions in each Member State shall be allocated to the ESF. For the purposes of this provision, the support to a Member State through the [Food for deprived people instrument] shall be considered as part of the share of Structural Funds allocated to the ESF.
Amendment 1314 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 84 – paragraph 8
Part 3 – article 84 – paragraph 8
8. Resources for the European territorial cooperation goal shall amount to 3,487 % of the global resources available for budgetary commitment from the Funds for the period 2014 to 2020 (i.e. a total of EUR 11 700 000 004xxx).
Amendment 1346 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 1
Part 3 – article 87 – paragraph 1
1. An operational programme shall consist of priority axes. A priority axis shall concern one Fund for aeach individual category of region — except in the case of the Cohesion Fund — and shall correspond, without prejudice to Article 52, to a thematic objective and comprise one or more investment priorities of that thematic objective, in accordance with the Fund-specific rules. For the ESF, a priority axis may combine investment priorities from different thematic objectives set out inIn duly justified circumstances, and if this is necessary in order to increase efficiency and effectiveness in a thematically coherent approach in pursuing the goals and provisions of the Union’s strategy for smart, sustainable and integrated growth, a priority axis may a) involve more than one regional category; b) combine one or more supplementary investment priorities from EFRE, KF and ESF under a single thematic objective; c) combine one or more supplementary investment priorities from different thematic objectives up to a limit of 20 % of the Union’s contribution to an operational programme; d) in the case of ESF, combine investment priorities from different thematic objectives from Article 9(8), (9)9, (10) and (11) in order to facilitatto enhance their contribution to other priority axes, in duly justified circumstances. . The Member States may combine two or more of the options described under points a to d.
Amendment 1384 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point c – point vi a (new)
Part 3 – article 87 – paragraph 2 – point c – point vi a (new)
vi a) the determination of areas in which cross-border infrastructural links and/or regional links are promoted;
Amendment 1404 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point g – point ii a (new)
Part 3 – article 87 – paragraph 2 – point g – point ii a (new)
ii a) the planned linking of Structural Fund and Cohesion Fund resources with other financial instruments, in particular the CEF;
Amendment 1408 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 2 – point h – point i a (new)
Part 3 – article 87 – paragraph 2 – point h – point i a (new)
i a) determination of the procedure for allotting funds also using competitive procedures;
Amendment 1417 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point ii a (new)
Part 3 – article 87 – paragraph 3 – subparagraph 1 – point ii a (new)
ii a) a description of its contribution to subsidising infrastructure;
Amendment 1455 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 92 – paragraph 1 a (new)
Part 3 – article 92 – paragraph 1 a (new)
Amendment 1504 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 99 – paragraph 2
Part 3 – article 99 – paragraph 2
2. The relevant oOperational pProgrammes shall identifyoutline the selection procedure regarding the ITIs planned and shall set out the indicative financial allocation from each priority axis to each ITI.
Amendment 1647 #
2011/0276(COD)
Proposal for a regulation
Part 3 – article 112 – paragraph 2 – subparagraph 1
Part 3 – article 112 – paragraph 2 – subparagraph 1
Member States shall prevent, detect and correct irregularities and shall recover amounts unduly paid, together with any interest on late payments. Incorrectly allocated funds (for example because expenditure is ineligible for funding or as a result of rounding or accounting errors) do not need to be returned and such cases will not be pursued provided the amount in question does not exceed EUR 250. The same applies to the relevant interest if the expected interest is not greater than EUR 250. These amounts may not be deducted from the expenses declared in the declarations of expenditure. They shall notify these irregularities to the Commission and shall keep the Commission informed of the progress of related administrative and legal proceedings.
Amendment 1804 #
2011/0276(COD)
Proposal for a regulation
Part 4 – article 142 – paragraph 1
Part 4 – article 142 – paragraph 1
1. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in this Article. Delegated acts shall not apply retrospectively
Amendment 88 #
2011/0275(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Within the framework of sustainable urban development, it is considered necessary to support integrated actions to tackle the economic, environmental, climate, demographic, and social challenges affecting urban areas and to define a procedure to establish the list of citieselect functional urban and other territorial areas covered by such actions and the financial allocation set aside for such actions. (In alignment with the rapporteur’s amendment regarding Article 7 – paragraph 1 ERDF regulation, taking into account a broader understanding of functional areas.)
Amendment 96 #
2011/0275(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to identify or test new solutions to issues relating to sustainable urban and other territorial development which are of relevance at Union level, the ERDF should support innovative actions in the field of sustainable urban and other territorial development.
Amendment 147 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) productive investment contributing to the investment priorities set out in Article 5.1 and 5.4 irrespectively of the size of the enterprise. (This shall be subpoint b, pushing the current subpoint b to c etc.)
Amendment 169 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) investments in business, social, health and educational infrastructure;
Amendment 212 #
2011/0275(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 353 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – point b
Article 5 – paragraph 1 – point 1 – point b
(b) promoting business R&I investment in private and public businesses, product and service development, technology transfer, social innovation and public service applications, demand stimulation, networking, clusters and open innovation through smart specialisation
Amendment 400 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point a
Article 5 – paragraph 1 – point 3 – point a
(a) promoting entrepreneurship, in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms, including through business incubators;
Amendment 420 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point b a (new)
Article 5 – paragraph 1 – point 3 – point b a (new)
(b a) supporting the creation and the extension of advanced capacities for product and service development; (Please modify the numbering of this element. It should be article 5 - paragraph 1 - point 3 - point c.)
Amendment 427 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point b b (new)
Article 5 – paragraph 1 – point 3 – point b b (new)
(b b) supporting the capacity of SMEs to engage in growth and innovation processes; (Please modify the numbering of this element. It should be article 5 - paragraph 1 - point 3 - point d.)
Amendment 476 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 4 – point e
Article 5 – paragraph 1 – point 4 – point e
(e) promoting low-carbon strategies for urban and other territorial areas;
Amendment 656 #
2011/0275(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 9 – point c
Article 5 – paragraph 1 – point 9 – point c
(c) support for social enterprises., social partners and chambers of commerce, etc.;
Amendment 683 #
2011/0275(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The ERDF shall support, within operational programmes, sustainable urban sustainable urban and other territorial development through strategies setting out integrated actions to tackle the economic, environmental, climate, demographic and social challenges affecting urban areas. nd other territorial areas. (In alignment with the rapporteur’s amendment 7, taking into account a broader understanding of functional areas.)
Amendment 696 #
2011/0275(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 698 #
2011/0275(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 702 #
2011/0275(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 66 #
2011/0274(COD)
Proposal for a regulation
Article 3 – point b – subpoint ii
Article 3 – point b – subpoint ii
(ii) promoting investment to address specific regional risks, ensuring regional disaster resilience and developing disaster management systems while preserving national competences;
Amendment 94 #
2011/0273(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should be encouraged to confer the task of the managing authority on an EGTC or to make such a grouping responsible for managing the part of a cooperation programme covering the territory concerned by the EGTC.They should assess whether the goals of a cooperation programme would be better attained by establishing an EGTC. Where they do not intend to establish an EGTC as the managing authority in a cooperation programme, a summary of their reasons for not doing so should be provided within the cooperation programme.
Amendment 140 #
2011/0273(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Resources for the European territorial cooperation goal shall amount to 3,48 % of the global resources available for budgetary commitment from the Funds for the period 2014 to 2020 and set out in Article 83(1) of Regulation (EU) No[…/2012 [CPR] (i.e., a total of EUR 11 700 000 004xxx) and shall be allocated as follows:
Amendment 192 #
2011/0273(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a – point i
Article 6 – paragraph 1 – point a – point i
(i) integrating cross-border labour markets, including cross-border transport infrastructure and mobility, joint local employment initiatives and joint training (within the thematic objective of promoting employment and supporting labour mobility);
Amendment 292 #
2011/0273(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point g – point i
Article 7 – paragraph 2 – point g – point i
(1) identification of the accreditation body, the managing authority and the audit authority; where the managing authority is not an EGTC, the result of the audit shall be presented in accordance with Article 21 along with a brief statement of reasons;
Amendment 298 #
2011/0273(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point iii a (new)
Article 7 – paragraph 3 – subparagraph 1 – point iii a (new)
(iiia) a description of the measures for improving cross-border infrastructure;
Amendment 319 #
2011/0273(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Beneficiaries shall cooperate in theat least three of the following ways for each operation: development, implementation, staffing and financing of operations.
Amendment 320 #
2011/0273(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Beneficiaries shall cooperate in theat least two of the following ways for each operation: development, implementation, staffing and financing of operations.
Amendment 356 #
2011/0273(COD)
Proposal for a regulation
Article 21 – paragraph 1a (new)
Article 21 – paragraph 1a (new)
1a. Where an EGTC has not been chosen to act as the managing authority, the Member States shall, during the preparation of the cooperation programme, examine whether the programme objectives would be better realised by appointing an EGTC.
Amendment 127 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point i a (new)
Article 3 – paragraph 1 – point b – point i a (new)
(i a) establishment and strengthening of practical, economy-related training for young people through dual education systems that link theoretical and practical course content in a meaningful way;
Amendment 256 #
2011/0268(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. By way of derogation from Article 109(3) of Regulation (EU) No […], the maximum co-financing rate for a priority axis shall be increased by ten percentage points, but not exceeding 100% in ESM countries, where the whole of a priority axis is dedicated to social innovation, education, or to transnational cooperation, or a combination of bothese.
Amendment 2 #
2011/0167(NLE)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that Europe needs an international agreement to step up the fight against counterfeit products as these products are causing billions of Euros of damage every year to European companies, thereby also putting European jobs at risk; notes that in addition, counterfeit products often do not fulfil European safety requirements, posing significant health hazards to consumers;
Amendment 3 #
2011/0167(NLE)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that ACTA must fully respect Union law, especially the Charter and the data protection acquis; reiterates that it is important that ACTA is not open to any interpretation that could lead Member States to infringe the Charter when implementing provisions of ACTA and therefore calls on the Commission and Member States to ensure legal clarity in the provisions of ACTA;
Amendment 22 #
2011/0167(NLE)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that concern has especially been raised on those provisions that leave room for flexibility in their implementation, on the basis that these provisions might be implemented in the Union in a manner that could be illegal or contrary to fundamental rights; considers that this is an unsubstantiated assumption which is contrary to the general principles of law and to the letter of ACTA itself as it explicitly requires that the optional or flexible provisions therein be implemented in compliance with fundamental rights and applicable domestic provisions; reiterates however that this does not justify ambiguities contained in ACTA;
Amendment 23 #
2011/0167(NLE)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Notes that despite the ambiguities that remain in ACTA, there is no evidence whatsoever, not even in the European Data Protection Supervisor's opinion on ACTA, that it goes contrary to Union law or that it violates fundamental rights and freedoms in any manner;
Amendment 30 #
2011/0167(NLE)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasises that Internet Service Providers (ISPs) should not police the Internet and therefore calls on the Commission and the Council to ensure legal clarity on the role of ISPs under ACTA;
Amendment 31 #
2011/0167(NLE)
Draft opinion
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Considers that ACTA only targets large-scale infringement of intellectual property rights (IPRs), allowing for signatory states to exempt non- commercial use from its provisions on criminal enforcement procedures; notes, however, that it is unclear where to draw the line between commercial and non- commercial use; calls therefore on the Commission and on Member States to define the notion of infringement of IPRs on a commercial scale and to add legal clarity as to when Member States could impose criminal enforcement measures on internet users;
Amendment 34 #
2011/0167(NLE)
Draft opinion
Paragraph 15
Paragraph 15
15. Considers that when fundamental rights are at stake ambiguity must be avoided and at the least reduced to a minimum; moreover, and without assigning any wrongful intentions ("procès d'intention") to the ACTA implementation measures, takes the view that in the current state of affairs precaution should be exercised as regards ACTA in the light of the serious and remainingthe remaining serious question- marks surrounding the balance reached within the agreement between IPRs and other core fundamental rights and its level of legal certainty. need to be addressed;
Amendment 37 #
2011/0167(NLE)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls therefore on the Commission and on Member States to provide solutions for the concerns identified in this opinion, so as to address ambiguities in ACTA and ensure that the strict observance of fundamental rights and freedoms is clearly guaranteed;
Amendment 68 #
2011/0154(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
Amendment 79 #
2011/0154(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 90 #
2011/0154(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that suspects and accused persons are granted the right of access to a lawyer in person as soon as possible and in any event:
Amendment 137 #
2011/0154(COD)
Proposal for a directive
Article 7
Article 7
Member States shall ensure that the confidentiality of meetings between the suspect or accused persona person to whom Article 2 applies and his lawyer is guaranteed. They shall also ensure the confidentiality of correspondence, telephone conversations and other forms of communication permitted under national law between the suspect or accused person and his lawyer. On the basis of instructions from the competent judicial authority, exceptions to the principle of confidentiality shall be considered only if there are grounds for suspecting that the lawyer could be implicated in the offences committed by the accused person or when this is necessary to avert a present danger to a person’s life or freedom.
Amendment 157 #
2011/0154(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that any person other than a suspect or accused person who is heard by the police or other enforcement authority in the context of a criminal procedure is granted access to a lawyerthe rights granted to suspects and accused persons under this Directive if, in the course of questioning, interrogation or hearing, he becomes suspected or accused of having committed a criminal offence.
Amendment 173 #
2011/0154(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 26 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 1 – point a – point ii
Article 1 – point 1 – point a – point ii
Regulation (EC) No 539/2011
Article 1 – paragraph 2 – second subparagraph
Article 1 – paragraph 2 – second subparagraph
Amendment 49 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 539/2001
Article 4 - paragraph 1 - point a
Article 4 - paragraph 1 - point a
(a) holders of diplomatic passports, service/official passports or special passports; if nationals of the third country in question require prior consultation pursuant to Article 22 of the Visa Code, the Council shall decide on the exemption from the visa requirement with a qualified majority at the initiative of the Member State making the proposal;
Amendment 51 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 539/2001
Article 4 – paragraph 1 – point aa (new)
Article 4 – paragraph 1 – point aa (new)
(aa) civilian air and sea crew members;
Amendment 433 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that all other victims receive a timely and individual assessment is carried out for all other victims, in accordance with national procedures, to determine whether they are vulnerable, due to their personal characteristics or the circumstances or the type or nature of the crime, to secondary and repeat victimisation or intimidation.
Amendment 442 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall ensure that a timely and individual assessment is carried out for all vulnerable victims as identified in paragraphs 1, 2 and 3, receive a timely and individual assessment, in accordance with national procedures, to determine which special measures as provided in Articles 21 and 22 they should benefit from. Such an assessment shall take into account the wishes of the vulnerable victim including where they do not wish to benefit from special measures.
Amendment 453 #
2011/0129(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. The extent of the assessment may be adapted according to the severity of the crime and the degree of apparent harm suffered by the victim and, if necessary, an expert may be consulted.
Amendment 79 #
2011/0023(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To prevent, detect, investigate and prosecute terrorist offences and serious crime, it is therefore essential thatwould be helpful if all Member States introduced provisions laying down obligations on air carriers operating international flights to or from the territory of the Member States of the European Union. However, Member States remain free to decide whether they wish to use PNR data for these purposes. The provisions of this directive apply only to those Member States which use PNR data.
Amendment 114 #
2011/0023(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The Member States which use PNR data should take all necessary measures to enable air carriers to fulfil their obligations under this Directive. Dissuasive, effective and proportionate penalties, including financial ones, should be provided for by Member States against those air carriers failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Directive, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 166 #
2011/0023(COD)
Proposal for a directive
Recital 29
Recital 29
Amendment 171 #
2011/0023(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 187 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for thlays down the principles governing the possible transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member States, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them. The provisions of this directive shall apply to those Member States which decide to use PNR data for the purposes provided for in Article 1(2)(a) and (b).
Amendment 293 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Each Member State shall notify the list of its competent authorities to the Commission at the latest twelve months after entry into force of this Directive at the latest, or twelve months after first use of PNR data for the purposes provided for in this Directive, and may at any time update its declaration. The Commission shall publish this information, as well as any updates, in the Official Journal of the European Union.
Amendment 436 #
2011/0023(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest two years after the entry into force of this Directive. TheyMember States which make first use of PNR data, for the purposes provided for in Article 1(2)(a) and (b), after that period shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest by the time use is made thereof for the first time. Member States shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 439 #
2011/0023(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Upon the dates referred to in Article 15(1), i.e. two years after the entry into force of this Directive, Member States shall ensure that the PNR data of at least 30% of all flights referred to in Article 6(1) are collected. Until two years after the dates referred to in Article 15, Member States shall ensure that the PNR data from at least 60 % of all flights referred to in Article 6(1) are collected. Member States shall ensure that from four years after the dates referred to in Article 15, the PNR data from all flights referred to in Article 6(1) are collected.
Amendment 446 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
a) review the feasibility and necessity of including internal flights in the scope of this Directive, in the light of the experience gained by those Member States that collect PNR data with regard to internal flights. The Commission shall submit a report to the European Parliament and the Council wino later thian twofour years after the date mentioned in Article 15(1)entry into force of this Directive;
Amendment 449 #
2011/0023(COD)
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
b) undertake a review of the operation of this Directive and submit a report to the European Parliament and the Council wino later thian foursix years after the date mentioned in Article 15(1)entry into force of this Directive. Such review shall cover all the elements of this Directive, with special attention to the compliance with standard of protection of personal data, the length of the data retention period and the quality of the assessments. It shall also contain the statistical information gathered pursuant to Article 18.
Amendment 64 #
2010/2155(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 110 #
2010/2155(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Believes that the implementation of territorial cooperation programmes remains overly complicated and considers that Objective 3 needs specially adapted rules; believes that at present too many different administrative authorities have to be involved in implementing programmes and therefore calls for significant simplification in this respect; (Currently, management, certification and audit authorities are all involved in administering programmes. A general reduction in bureaucracy would therefore be highly desirable.)
Amendment 112 #
2010/2155(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls for at least the first consultation on all applications for support for cross-border cooperation to be held on the spot with the Euroregions, so as to guarantee a high level of project quality, transparency and closeness to the citizen; also calls for the Euroregions, as regional, cross-border interest groups, to be involved in all aspects of decision- making regarding project approvals;
Amendment 119 #
2010/2155(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Invites the Commission to propose specific measures which simplify rules on auditing and control, authorise more systematic standard-rate costing, lay down more detailed rules on eligibility for EU funding, make for greater flexibility in the implementation of automatic decommitments, raise the acceptable error rate to 5% and increase technical assistance to 8%, with a view to ensuring that the management bodies and the Euroregions concentrate more on the strategic management of projects, rather than whether applications comply with administrative rules;
Amendment 17 #
2010/2010(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. recognises the important role of local and regional authorities in the education and training of young people, which forms the basis for the acquisition of further skills; points out that the general conditions governing education and further training in many countries are the responsibility of the regional authorities; therefore encourages the regions to use the Structural Funds to create sustainable jobs in the fields of local transport, urban mobility and education;
Amendment 35 #
2010/2010(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. emphasises the importance of measures to promote growth and employment in the countryside, so as to stem rural depopulation;
Amendment 39 #
2010/2010(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. calls on the responsible authorities in the Member States and the Commission to pay greater attention to the sustainability of jointly financed measures, as provided for in the General Regulation (1083/2006); urges the responsible authorities to ensure that resources from the Structural Funds remain committed in the long term and that companies that might transfer jobs are not funded unless they have been inspected; calls on the responsible authorities to use appropriate sanctions mechanisms to stop 'subsidy shopping';
Amendment 44 #
2010/2010(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. reiterates its support forpoints to the pilot project ‘Erasmus for elected local and regional representatives’, which could help local and regional authorities to exchange best- practice models, provided that this is practicable and can also be set up on an operable basis with regard to the financial framework, and could also have a multiplier effect in the area of labour market policy.
Amendment 42 #
2010/2004(BUD)
Motion for a resolution
Paragraph 17 a new
Paragraph 17 a new
17a. emphasises the importance of transnational cooperation by regions within the Euroregions framework and their importance in deepening European integration; calls therefore for the establishment of more pilot projects to promote cross-border economic, social and cultural cooperation among regions within the EU;
Amendment 49 #
2010/2004(BUD)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that the financing of these priorities through the reallocation of funds must not be detrimental to traditional EU policies such as the cohesion or structural policies, since cohesion policy, by its unique multilevel governance structure and horizontal character, is predestined to play an important role in the implementation of the EU2020 strategy, furthering subsidiarity by means of a bottom-up approach and enhancing acceptance and mobilizing support by the citizens of the Union; points out that these policies fulfil the founding principle of the EU, namely social inclusion and solidarity amongst Member States and regions;
Amendment 81 #
2010/2004(BUD)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Expects the fight against climate change to remain high on the EU’s ‘post- Copenhagen’ political agenda in 2010 and 2011, and recalls that, as part of a broader approach, sustainable development is an ongoing responsibility to the next generations; asks the Commission to provide a clear action plan and timetable for the implementation of appropriations under the EU action programme to combat climate change; recalls that the release of the reserve on this line will depend upon the Commission’s proposals;
Amendment 133 #
2010/0802(COD)
Draft directive
Article 1 – point 2
Article 1 – point 2
2. "Protection measure" means a decision adopted by a competent authority of a Member State imposing on a person causing danger one or more of the obligations or prohibitions referred to in Article 2(2), provided that the infringement of such obligations or prohibitions constitutes a criminal offence under the law of the Member State concerned or may otherwise be punishable by a deprivation of liberty in that Member State, in the context of criminal proceedings following a criminal offence committed by the person causing danger, imposing on the person causing danger one or more of the obligations or prohibitions referred to in Article 2(2) with a view to safeguarding the protected person's life, physical or psychological integrity, liberty or sexual integrity.
Amendment 137 #
2010/0802(COD)
Draft directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) anthe obligation to avoid any form of contact with the protected person, including by telephone, electronically or by post, fax or any other means; or
Amendment 162 #
2010/0802(COD)
Draft directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Before a European protection order is issued, the person causing danger shall be given the right to be heard and the right to challenge the protection measure, if he has not had these rights in the procedure leading to the adoption of the protection measure.
Amendment 171 #
2010/0802(COD)
Draft directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where the competent authority of the issuing State transmits the European protection order to the competent authority of the executing State, it shall do so by any means which leaves a written record so as to allow the competent authority of the executing Member State to establish its authenticity. All communication shall also be made directly between the said competent authorities.
Amendment 175 #
2010/0802(COD)
Draft directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. When an authority of the executing State which receives a European protection order has no competence to recognise it, that authority shall, ex officio, forward the European protection order to the competent authority and shall immediately inform the competent authority of the issuing State accordingly, by any means which leaves a written record.
Amendment 180 #
2010/0802(COD)
Draft directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) inform the person causing danger, the competent authority of the issuing State and the protected person of any measures taken in accordance with point (a), avoiding, where appropriate, disclosing the address or other contact details concerning the protected person which might expose him to danger;
Amendment 183 #
2010/0802(COD)
Draft directive
Article 8 – paragraph 1 – point b b (new)
Article 8 – paragraph 1 – point b b (new)
(bb) immediately inform the competent authority of the issuing State by any means which leaves a written record and set a deadline for it to provide the missing information, if it considers that the information transmitted with the European protection order in accordance with Article 6 is incomplete;
Amendment 186 #
2010/0802(COD)
Draft directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 197 #
2010/0802(COD)
Draft directive
Article 9 – paragraph 2 – point d a (new)
Article 9 – paragraph 2 – point d a (new)
(da) the protection measure relates to an act that does not constitute a criminal offence under the law of the executing State;
Amendment 198 #
2010/0802(COD)
Draft directive
Article 9 – paragraph 2 – point d b (new)
Article 9 – paragraph 2 – point d b (new)
(db) the national law of the executing State makes no provision for protection measures to be taken in the context of criminal proceedings;
Amendment 199 #
2010/0802(COD)
Draft directive
Article 9 – paragraph 2 – point d c (new)
Article 9 – paragraph 2 – point d c (new)
(dc) criminal prosecution against the person causing danger for the act or behaviour in relation to which the protection measure has been adopted is statute-barred under the law of the executing State, when the act or behaviour falls within its competence under its national law;
Amendment 200 #
2010/0802(COD)
Draft directive
Article 9 – paragraph 2 – point d d (new)
Article 9 – paragraph 2 – point d d (new)
(dd) the protection measure relates to a criminal offence which under the law of the executing State is regarded as having been committed wholly or for an essential part within its territory.
Amendment 202 #
2010/0802(COD)
Draft directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Where the competent authority of the executing State refuses to recognise a European protection order in application of one of the grounds set out in paragraph 2, it shall, where appropriate, inform the protected person about the possibility of requesting the adoption of a criminal or civil-law protection measure according to its national law.
Amendment 204 #
2010/0802(COD)
Draft directive
Article 9 a (new)
Article 9 a (new)
Amendment 207 #
2010/0802(COD)
Draft directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where a judgment, as defined in Article 2 of Council Framework Decision 2008/947/JHA, or a decision on supervision measures, as defined in Article 4 of Council Framework Decision 2009/829/JHA, has already been transferred, or is transferred after the issuing of the European protection order, to another Member State, subsequent decisions shall be taken in accordance with the relevant provisions of those Framework Decisions.
Amendment 208 #
2010/0802(COD)
Draft directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The competent authority of the issuing State shall immediately inform the competent authority of the executing State of any decision taken in accordance with paragraph 1.
Amendment 209 #
2010/0802(COD)
Draft directive
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
3b. If the competent authority in the issuing State has revoked or withdrawn the European protection order in accordance with paragraph 1(a), the competent authority in the executing State shall end the measures adopted in accordance with Article 8(1) as soon as it has been duly notified by the competent authority of the issuing State.
Amendment 211 #
2010/0802(COD)
Draft directive
Article 10 – paragraph 3 c (new)
Article 10 – paragraph 3 c (new)
3c. If the competent authority in the issuing State has modified the European protection order in accordance with paragraph 1(a), the competent authority in the executing State shall, where appropriate: (a) change the measures taken on the basis of the European protection order, acting in accordance with Article 8; or (b) refuse to enforce the modified obligation or prohibition when it does not fall within the obligations or prohibitions referred to in Article 2 or if the information transmitted with the European protection order in accordance with Article 7 is incomplete and has not been completed within the time-limit set by the competent authority of the executing State in accordance with Article 8(2a).
Amendment 213 #
2010/0802(COD)
Draft directive
Article 11
Article 11
Amendment 214 #
2010/0802(COD)
Draft directive
Article 11 a (new)
Article 11 a (new)
Article 11a Grounds for discontinuation of measures taken on the basis of a European protection order 1. The competent authority of the executing State may discontinue the measures taken in execution of a European protection order: (a) where there is sufficient indication that the protected person does not reside or stay in the territory of the executing State, or has definitively left that territory; (b) when, according to its national law, the maximum term of duration of the measures adopted in execution of the European protection order has expired; (c) in the case referred to in Article 10(3c)(b); (d) where a judgment, as defined in Article 2 of Council Framework Decision 2008/947/JHA, or a decision on supervision measures, as defined in Article 4 of Council Framework Decision 2009/829/JHA, is transferred to the executing State after the recognition of the European protection order. 2. The competent authority of the executing State shall immediately inform the competent authority of the issuing State of such a decision. 3. Before discontinuing measures in accordance with paragraph 1(b) the competent authority of the executing State may invite the competent authority of the issuing State to provide information as to whether the protection provided for by the European protection order is still needed in the circumstances of the particular case at hand. The competent authority of the issuing State shall reply to such a request immediately.
Amendment 221 #
2010/0802(COD)
Draft directive
Article 13
Article 13
Amendment 72 #
2010/0210(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should be without prejudice to the right of the Member States to determine the volumes of admission of third-country nationals coming from third countries to their territory for the purposes of seasonal work as specified in Article 79(5) of the Treaty on the Functioning of the European Union. Regarding volumes of admission, Member States retain the possibility not to grant residence permits for seasonal employment in general or for certain professions, economic sectors or regions.
Amendment 146 #
2010/0210(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. ApplicationsThe Member States shall ensure that at least the following criteria for admission to a Member State under the terms of this Directive shall be accompanied by the following documentsare fulfilled:
Amendment 164 #
2010/0210(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Third-country nationals shall be in possession of a valid travel document, as determined by national law.
Amendment 168 #
2010/0210(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States may require that all conditions according to applicable laws, regulations, administrative provisions, collective agreements or practices applicable to comparable seasonal workers in the relevant occupational branches are met with regard to pay, insurance cover and other terms of employment.
Amendment 170 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall reject an application for admission to a Member State for the purposes of this Directive in the cases set out in paragraph 1 and may reject an application particularly in the cases set out in paragraphs 2 to 4.
Amendment 195 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States may reject an application on the grounds of volumes of admission of third-country nationals in general or from certain third countries determined by themselves.
Amendment 196 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Regarding volumes of admission, Member States may set quotas for certain professions, economic sectors of seasonal work or regions.
Amendment 198 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. Member States may reject an application on the grounds of the economic sectors determined by Member States in which the criteria laid down in Article 3(c) are fulfilled or on the grounds of certain temporal limits they have set for the enterprises in these economic sectors.
Amendment 200 #
2010/0210(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States may withdraw or refuse to renew the permit issued on the basis of this Directive particularly in the following cases:
Amendment 220 #
2010/0210(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States may determine that the placement of seasonal workers from third countries must be carried out by a government agency.
Amendment 222 #
2010/0210(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. For stays exceeding three months, Member States may grant seasonal workers who fulfil the admission criteria as set out in Article 5 and for whom the competent authorities have taken a positive decision shall be issued with a seasonal worker permit or a long stay visa.
Amendment 224 #
2010/0210(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The seasonal worker permit shall be issued by the competent authorities of the Member States using the format as laid down in Council Regulation (EC) No 1030/2002. In accordance with point (a) 6.4 of the Annex to that Regulation, Member States shall enter ‘seasonal worker’ under the heading ‘type of permit’The permit must clearly indicate that it is for the purpose of seasonal employment.
Amendment 247 #
2010/0210(COD)
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) Member States shall provide that a third-country national who has not complied with the obligations arising from the admission decision during a previous stay as a seasonal worker, and in particular with the obligation to return to a third country on the expiry of the seasonal worker permit, shallmay be excluded from admission as a seasonal worker for one or more subsequent years;. Any exclusion shall be proportionate to the circumstances of the case.
Amendment 256 #
2010/0210(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Any decision rejecting an application, or any decision not to renew or to withdraw the permit, shall be notified in writing to the applicantthird-country national concerned and, where relevant, to his employer in accordance with the notification procedures under the relevant national law and shall be open to a legal challenge in the Member State concerned, in accordance with national law. The notification shall specify the reasons for the decision, the possible redress procedures available and the time limit for taking action.
Amendment 259 #
2010/0210(COD)
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from adequate accommodation that ensures an adequate decent standard of living. As a minimum, such accommodation shall be conducive to health and safety. The accommodation shall allow access to basic services. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.
Amendment 268 #
2010/0210(COD)
Proposal for a directive
Article 15 – introductory part
Article 15 – introductory part
During the period of validity of a seasonal worker permit, the holder shall enjoy at least the following rights, without prejudice to the Schengen Borders Code and the Schengen Implementing Convention:
Amendment 277 #
2010/0210(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall communicate to the Commission statistics on the number of residence permits and visas issued for the first time or renewed and, as far as possible, on the number of residence permits and visas withdrawn for the purpose of seasonal employment to persons who are third-country nationals, disaggregated by citizenship, age and sex, length of validity of the permit and economic sector, disaggregated by citizenship and age.
Amendment 72 #
2010/0209(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States should provide for appropriate penalties, such as financial penalties, to be imposed in the event of failure to comply with the conditions laid down in this Directive or of the falsification of evidence and documents. The penalties could be imposed on the host entity.
Amendment 93 #
2010/0209(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Notwithstanding paragraph 2(c), the same legal consequences as result from the Directive on the posting of workers (96/71/EC) apply to intra-corporate transferees;
Amendment 96 #
2010/0209(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) third country national working for and being assigned by employment agencies, temporary work agencies or any other undertakings engaged in making available labour to work under the supervision and direction of another undertaking except regularly employed members of the management.
Amendment 104 #
2010/0209(COD)
Proposal for a directive
Article 3 – point d
Article 3 – point d
(d) ‘host entity’ means the entity, regardless of its legal form, established in the territory of a Member State, that has appropriate and balanced human and financial resources in the Member States concerned, and to which the third-country national is transferred;
Amendment 110 #
2010/0209(COD)
Proposal for a directive
Article 3 – point e
Article 3 – point e
(e) ‘manager’ means any person working in a senior position within a juridical person, who principalmarily directs the management of the host entityestablishment, receiving general supervision or direction principally from the board of directors or stockholders of the business or their equivalent; this position includes:, including: – directing the host entityestablishment or a department or sub-division of the host entity,establishment; – supervising and controlling the work of other supervisory, professional or managerial employees,; – having the authority personally to hire and dismissfire or recommend hiring, dismissfiring or other personnel actions;
Amendment 117 #
2010/0209(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘specialist’ means any person working within a juridical person who possessinges uncommon knowledge essential and specific to the host entity, taking accountto the establishment’s service, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the host entityestablishment, but also of the work experience of the person and of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession;
Amendment 125 #
2010/0209(COD)
Proposal for a directive
Article 3 –– point g
Article 3 –– point g
(g) ‘graduate trainee’ means any person with a higher education qualification who is transferred to broaden his/her knowledge ofnatural person who has been employed by a juridical person of a party of for at least one year, who possesses a university degree and who is temporarily transferred to and experience in a company in preparation for a managerial position within the companystablishment in the territory of the other party for career development purposes or to obtain training in business, techniques or methods as part of paid work;
Amendment 140 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Without prejudice to Article 10, aA third- country national who applies to be admitted under the terms of this Directive shallmay be granted admission, if he or she fulfils the following conditions:
Amendment 159 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c – point iii
Article 5 – paragraph 1 – point c – point iii
(iii) the remuneration and the relevant terms and conditions granted during the transfer;
Amendment 169 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) be considered not to pose a threat to public policy, public security or, public health or other valid interests of the host Member States, if provided for in national law.
Amendment 173 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall require, that all conditions in the law, regulations or administrative provisions and/or universally applicable collectivthe remuneration and other terms and conditions of employment which will be agreements applicable to posted workers in a similar situation anted to the third country national during the relevant occupational branches are met with regard to the remuneration granted during the transfertransfer are in line with the provisions of Art. 14 (1).
Amendment 177 #
2010/0209(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
Member States may require that the remuneration granted during the transfer and other terms and conditions of employment are not worse than for comparable employees of the Member States.
Amendment 195 #
2010/0209(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may reject an application on the grounds of volumes of admission ofThe Directive shall not affect the right of Member States to set limits on the number of intra-corporate transferees in general and or for certain professions, economic sectors or regions. Member States may use such limits to entirely rule out the possibility of admitting third- country nationals as intra-corporate transferees.
Amendment 199 #
2010/0209(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States may in accordance with national law withdraw or refuse to renew an intra-corporate transferee permit, in particular in the following cases;:
Amendment 224 #
2010/0209(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Under the heading ‘type of permit’, the Member States shall enter ‘intra-corporate transferee’ and the name of the group of undertakings concernedThe residence title must indicate that it is a residence permit for intra-corporate transferees. Member States shall issue to the holder of an intra- corporate transferee permit an additional document containing a list of the entities authorised to host the third-country national and revise it whenever that list is modified..
Amendment 227 #
2010/0209(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The competent authorities of the Member State concerned shall adopt a decision on the application for admission to a Member State as an intra-corporate transferee or for revision of the additional document provided for in Article 11 (4) and notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, within 30 days of the complete application being lodged. In exceptional cases involving complex applications including applications concerning host entities in several Member States, the deadline may be extended for a maximum of a further 60 daysas soon as possible and at the latest within 90 days of the complete application being lodged.
Amendment 250 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. TIf the third-country nationals who have been granted an intra-corporate transferee permit in a first Member State, who fulfil the criteria for admiss intends to work in a second Member State, an application for a new intra-corporate transferee permit shall be lodged to the authorities of the second Member State and present all the documents proving the fulfilment of the condition as set out in Article 5 and who apply for an intra- corporate transferee permit in another Member State shall be allowed to work in any other entity established in that Member State and belonging to the same group of undertakings and at the sites of clients of that host entity if the . The application may be presented to the competent authorities of the second Member State outside the territories of the European Union or while residing in the territory of the first or, in the case of paragraph 2, the second Member State. If the intra-corporate transferee is already working in the first Member State, the second Member State shall adopt a decision acconrditions set out in Article 13(4) are fulfilled, on the basis of the residence permit issued by the first Member State and the additional document provided for in Article 11(4), provided that:ng to Article 12 (1) as soon as possible and at the latest within 45 days of the complete application being lodged. Member States shall not require intra- corporate transferees to leave their territory in order to submit applications for visas or residence permits.
Amendment 254 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 259 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 267 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
If the duration of the transfer in the other Member State exceeds twelve months-, the other Member State may require a new application for a residence permit as an intra-corporate transferee in that Member Statethird-country national has already been granted an intra-corporate transferee permit the second Member State may decide not to verify certain criteria for admission and/or may allow the intra-corporate transferee to work until a positive decision on the application has been taken by its competent authority.
Amendment 270 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 272 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 2 – subparagraph 3
Article 16 – paragraph 2 – subparagraph 3
Amendment 277 #
2010/0209(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The maximum duration of the transfer to the European Union shall not exceed three years for managers and specialists and one year for graduate traineessecond Member State issuing or withdrawing a new intra-corporate transferee permit shall inform the first Member State about it, in case the intra- corporate transferee permit issued by the first Member State is still valid.
Amendment 83 #
2010/0064(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web. Action is therefore necessary to remove the content at source and apprehend those guilty of making, distributing or downloading child sex abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. However as, despite such efforts, the removal of child pornography content at its source proves to be difficultis often not possible where the original materials are not located within the EU, either because the State where the servers are hosted is not willing to cooperate or because obtaining removal of the material from the State concerned proves to be particularly long. Therefore, mechanisms should also be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, or via non legislative measures supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online.
Amendment 119 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Causing or recruiting a child to participate in pornographic performances, or profiting from or otherwise exploiting a child for such purposes, shall be punishable by a maximum term of imprisonment of at least two yearsfive years if the child has not reached the age of sexual consent, or of at least two years if the child is over that age.
Amendment 124 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 131 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Knowingly attending pornographic performances involving the participation of a children shall be punishable by a maximum term of imprisonment of at least two years if the child has not reached the age of sexual consent or of at least one year if the child is over that age.
Amendment 134 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 140 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Causing or recruiting a child to participate in child prostitution shall be punishable by a maximum term of imprisonment of at least five years. , or profiting from or otherwise exploiting a child for such purposes, shall be punishable by a maximum term of imprisonment of at least eight years if the child has not reached the age of sexual consent and of at least five years of imprisonment if the child is over that age.
Amendment 144 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 150 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 8
Article 4 – paragraph 8
8. Engaging in sexual activities with a child, where recourse is made to child prostitution shall be punishable by a maximum term of imprisonment of at least five years if the child has not reached the age of sexual consent and of at least two years of imprisonment if the child is over that age.
Amendment 155 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 9
Article 4 – paragraph 9
9. Coercing or forcing a child to participate in pornographic performances, or threatening a child for such purposes shall be punishable by a maximum term of imprisonment of at least eight years if the child has not reached the age of sexual consent, or of at least five years if the child is over that age.
Amendment 160 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 10
Article 4 – paragraph 10
Amendment 166 #
2010/0064(COD)
Proposal for a directive
Article 4 – paragraph 11
Article 4 – paragraph 11
11. Coercing or forcing a child into child prostitution, or threatening a child for such purposes, shall be punishable by a maximum term of imprisonment of at least ten years if the child has not reached the age of sexual consent and of at least five years of imprisonment if the child is over that age.
Amendment 224 #
2010/0064(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall take the necessary measures to ensure that the measure referred to in paragraph 1 is entered in the criminal record of the convicting Member State. employers, when recruiting a person for professional activities involving regular contacts with children, are entitled to be informed, in accordance with national law, by any appropriate way, such as direct access, access upon request or via the person concerned, of the existence of convictions for an offence referred to in Articles 3 to 7 entered in the criminal record, or of any disqualification to exercise activities involving regular contacts with children arising from a conviction for an offence referred to in Article 3 to 7. If serious suspicion should arise during working relations, employers may, in accordance with national law, request such information even after the recruitment procedure. Member States authorities shall ensure, by any appropriate means and in accordance with national law, that such information may also be obtained from the criminal records held in other Member States.
Amendment 302 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that child victims have immediate access to free legal counselling and to free legal representation, including for the purpose of claiming compensation , in accordance with the role of victims in the relevant justice system, to legal representation, including for the purpose of claiming compensation. Legal counselling and legal representation shall be free of charge when the victim does not have sufficient financial resources.
Amendment 306 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States shall take the necessary measures to ensure that in criminal investigations of any of the offences referred to in Articles 3 to 7 all interviews with the child victim or, where appropriate, with a child witness, – if examination of the individual case shows this to be necessary – may be videotaped and that these videotaped interviews may be used as evidence in criminal court proceedings, according to the rules under its national law. The directive should not prescribe videotaping of all interviews as a general rule, including therefore interviews by the police or public prosecutor. Moreover, it is not automatically in the child’s interests that an interview should be videotaped.Or. deJustification
Amendment 309 #
2010/0064(COD)
Proposal for a directive
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Member States shall take the necessary measures to ensure that effective intervention programmes or measures are made available with a view to preventing and minimising the risks of repeated offences of a sexual nature against children. These programmes or measures shall be accessible at any time during the criminal proceedings, inside and outside prison, according to the conditions laid down in national law.
Amendment 327 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary measures to obtain the blocking of access by Internet users in their territory to Internet pages contaimmediate removal of depictions of sexual acts involving persons under the age of 18 years in ing or disseminating child pornography. The blocking of access shall be subject toformation and communication services. The removal of such content shall be undertaken in accordance with national procedures and with adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and thatit is confined to what is strictly necessary. In addition, the European Union shall conduct negotiations with third countries with the aim of securing the prompt removal of such content pfroviders, as far as possible, are informed of the possibility of challenging im servers on their territory. Furthermore, the Member States and institutions of the Union and Europol shall step up cooperation with international hotlines, such as INHOPE, with the aim of securing the prompt removal of such content.
Amendment 333 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of internet pages containing or disseminating child pornographyhere the removal of webpages containing or disseminating child pornography is not possible, Member States shall take the necessary measures, whether legislative or non-legislative, to ensure that the blocking of access to webpages containing or disseminating child pornography is possible towards the Internet users in their territory. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking, taking into account technical characteristics, is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging it.
Amendment 120 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point iii a (new)
Article 1 – point 3 – point a – point iii a (new)
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(iiia) the following point shall be added: “(ia) surveillance of the application of the Schengen acquis.”
Amendment 121 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 3 – point a – point iii a (new)
Article 1 – point 3 – point a – point iii a (new)
Regulation (EC) No 2007/2004
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(iiia) the following point shall be added: “(ia) participation in the system for assessing the application of the Schengen acquis.”
Amendment 168 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3 c (new) – paragraph 2
Article 3 c (new) – paragraph 2
2. The Agency, via its coordinating officer as referred to in Article 3b (5), may communicate its views on those instructions to the host Member State. If it does so, tThese views must accord with EU rules on border security. The host Member State shall takeaccept those views into consideration.
Amendment 175 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Regulation (EC) No 2007/2004
Article 4 a (new)
Article 4 a (new)
(6a) The following Article is inserted: "Article 4a Assessment of the Schengen acquis The Agency shall take all necessary measures to constantly assess the Schengen acquis. This shall be done in cooperation with the Schengen Member States. The assessment reports shall be made available to the EU Institutions and the Member States.”
Amendment 3 #
2009/2230(INI)
Motion for a resolution
Recital B
Recital B
B. having regard to the fact that the Strategy for the Baltic Sea Region is a pilot for future macro-regional strategies, such as the Danube Basin, the Mediterranean Sea, the Alps and the Atlantic Arc, and that the Strategy’s success will directly influencecan be a model for the way in which future strategies are implemented,
Amendment 50 #
2009/2230(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls onAsks the Member States and the regions to take advantage ofcheck whether the Structural Funds available for 2007-2013 in ordercould be used to ensure maximum support for the Strategy, while understanding thsince there are difficulties associated with modifying the Operational Programmes in the current programming period;
Amendment 57 #
2009/2230(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that all actions regarding sector policies with a territorial dimension are of key importance to the Strategy’s success and the achievement of the ambitious goals of further micro-regional strategies, including the common agricultural policy, fisheries policy and industrial policy, as well as combining available funds intended for jointly defined goals in a given area; in this context a policy review should be carried out with regard to these new challenges and appropriate organisational structures put in place at EU level;
Amendment 76 #
2009/2230(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the importance of promoting the development of education and research as well as encouraging the Member States to enter into close cooperation in these areaparticularly in the latter areas; recognises that in education, cooperation can definitely be of enormous benefit, but that the relevant authority should remain with the Member States;
Amendment 83 #
2009/2230(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Guided by the principle of subsidiarity, and seeing the enormous potential for cooperation at local and regional level, underlines the considerable importance of creating an effective, multilevel structure for cooperation as part of the existing structures;
Amendment 99 #
2009/2230(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. For the benefit of future macro-regional strategies, draws attention to the need for the European Commission to resolve the issue of its own appropriate human and financial resources; draws attention to the fact that the Commission can provide participating Member States with impetus for topics of European interest and support them in drawing up a strategy, negotiate new alliances to be forged during the implementation phase, perform an advisory function and be asked by the Member States to act as coordinator;
Amendment 100 #
2009/2230(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 105 #
2009/2230(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Emphasises that the European added value of macro-regions lies in greater cooperation between states and regions, which is why the European Territorial Cooperation Programmes for cross- border, transnational and inter-regional cooperation is a key element in implementing the macro-regions’ aims; draws attention to the fact that the focus is on cooperation between states and regions and the European Territorial Cooperation Programmes are therefore particularly well suited to achieving the common goals of a greater area; does not, however, rule out the possibility of projects supported by other European development schemes being directed towards the goals of macro-regional development strategies at the discretion of the Member States;
Amendment 37 #
2009/2195(REG)
Parliament's Rules of Procedure
Rule 87a – paragraph 2 c (new)
Rule 87a – paragraph 2 c (new)
2c. If, 10 days prior to the start of the part-session preceding the expiry of the deadline referred to in paragraph 5, the committee responsible has not tabled a motion for resolution, a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part- session referred to above.
Amendment 7 #
2009/2167(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes note of the European Court of Auditor's report on the implementation of the 2008 budget and deplores the estimated 11 % reimbursement failure rate for cohesion policy; opines that this is partly due to the burdensome administrative procedures, particularly the conditions governing invitations to tender, and stresses that a simplification of the national and Community legislative framework governing the Structural Funds, especially as regards management and monitoring procedures, is imperative in the process of improving performances;
Amendment 17 #
2009/2167(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Criticises the fact that the small number of Member States that are particularly concerned are not named at an earlier stage and penalised more heavily; considers that, in the case of Member States that have come to notice on several occasions, there is an urgent need for the Commission, the Court of Auditors, OLAF and Parliament to have special inspection and control mechanisms tailored to individual countries;
Amendment 18 #
2009/2167(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission and the Court of Auditors to monitor national obligations to publicise support from the EU Structural Funds more closely; calls on the Commission in this connection to carry out more intensive checks on the legality of support under the Structural Regulations as well;
Amendment 4 #
2009/2156(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that the fight against the depopulation of rural areas should form part of the strategy to support disadvantaged areas in the EU; considers it necessary to take a 'depopulation' criterion into account in the ‘fine-tuning’ that the Member States are to carry ouStresses that every Member State shall be permitted, in a ‘fine-tuning’, after considering the eight biophysical criteria and on the basis of national criteria, to carry out an ex post evaluation of the disadvantaged areas and to take a 'depopulation' criterion into account when drawing up the maps of intermediate disadvantaged areas;
Amendment 9 #
2009/2156(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the areas in which the eight biophysical criteria are not met, but in which all criteria, though just under the threshold, when taken together constitute a substantial handicap, should also be recognised as areas with natural handicaps;
Amendment 11 #
2009/2156(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that the new scheme could lead to a transfer of aid from some areas to others, making it necessary for places which lose the status of intermediate disadvantaged areas toplaces which under the new system lose the status of ‘area with natural handicaps’ or in which a disproportionate shift takes place must be given a sufficient transitional period to adapt to the new situation;
Amendment 16 #
2009/2156(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that, when the map of intermediate disadvantaged areas is drawn up, account should be taken of objective national criteria that will make it possible to adapt the definition of areas to the national and regional situation in each country within the framework of a global European Commission strategy;
Amendment 1 #
2009/2152(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that climate change is a crucial challenge of our time. It is now clear that it has implications for the environment, human health and spatial planning, and is making it more difficult for allsome countries to progress towards sustainable development;
Amendment 12 #
2009/2152(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Is firmly convinced of the need for the European Union to retain and develop its leadership role in the international fight against global warming, and believes that any delay in taking such action will heighten the risk of adverse environmental, economic and social effects and be likely to generate higher costs;
Amendment 22 #
2009/2152(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Recognises, therefore, the need to ensure that the adaptation strategy is integrated into, and coherent with, all European Union policies; emphasises the key role played by local and regional authorities and the need for a bottom-up approach taking account of the differences between natural habitats in Europe, in full accordance with the subsidiarity principle, since it is convinced that local authorities will be better- equipped to find political solutions to their own needs;
Amendment 26 #
2009/2152(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 34 #
2009/2152(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the Commission’s decision to set up an Impact and Adaptation Steering Group (IASG), and hopes thatcalls for local and regional authorities willto be fully and actively involved in this group and its procedures, in accordance with the subsidiarity principle;
Amendment 38 #
2009/2152(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Reiterates that the fight againstmeasures to mitigate climate change may serve as an opportunity to arrive at a sustainable growth model;
Amendment 43 #
2009/2152(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Stresses that the objectives of climate and global protection should be integrated into the EU cohesion policy's convergence and growth objectives, without replacing structural policy's traditional tasks;
Amendment 13 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 – point a
Paragraph 1 – point a
(a) all processing of personal data for law enforcement and anti-terrorist purposes must be based on published legal rules which are clear, specific and binding and subject to close and effective supervision by independent data protection authorities; hence, there shall be no general and prophylactic data storage exceeding disproportionately the basic requirements for an effective fight against terrorism;
Amendment 17 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 – point d a (new)
Paragraph 1 – point d a (new)
(da) profiling shall only be used for the prevention and solving of heavy crime;
Amendment 18 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 – point d b (new)
Paragraph 1 – point d b (new)
(db) the use of profiling must not obstruct the police work of the Member States' police services in any form; regardless of the legislation on profiling, automated data screening/database surveillance such as dragnet investigations shall remain unaffected and feasible;
Amendment 29 #
2008/0266(CNS)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. For the purpose of this Regulation, the term “agreement” shall be understood as meaning a bilateral agreement between a Member State and a third country or a closed regional agreement between a limited number of Member States and of third countries.
Amendment 33 #
2008/0266(CNS)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. If the Community has not yet concluded an agreement with the third country concerned, the Commission shall in making its assessment first check whether any relevant negotiating mandate with a view to a Community agreement with the third country concerned is exspected in the near futureifically envisaged within the next twelve months. If this is not the case, the Commission may grant authorisation, provided that the following two conditions are met:
Amendment 37 #
2008/0266(CNS)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 30 #
2008/0259(COD)
Proposal for a regulation
Article 2 — paragraph 1
Article 2 — paragraph 1
1. For the purpose of this Regulation, the term “agreement” shall be understood as meaning a bilateral agreement between a Member State and a third country. or a closed regional agreement between a limited number of Member States and of third countries.
Amendment 34 #
2008/0259(COD)
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. If the Community has not yet concluded an agreement with the third country concerned, the Commission shall in making its assessment first check whether any relevant negotiating mandate with a view to a Community agreement with the third country concerned is exspected in the near futureifically envisaged within the next twelve months. If this is not the case, the Commission may grant authorisation, provided that the following two conditions are met:
Amendment 38 #
2008/0259(COD)
Proposal for a regulation
Article 11 — paragraph 2
Article 11 — paragraph 2
Amendment 33 #
2008/0243(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 34 #
2008/0243(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 48 #
2008/0243(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point (e)
Article 4 – paragraph 1 – point (e)
Amendment 57 #
2008/0243(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that a representative represents and/or assists the unaccompanied minor with respect to all procedures provided for in this Regulation. This representative may also be the representative referred to in Article 23 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers].
Amendment 89 #
2008/0243(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member States shall ensure that the person concerned has access to legal assistance and/or representation and, where necessary, to linguistic assistance insofar as there are sufficient prospects for successfully prosecuting the claim.
Amendment 107 #
2008/0243(COD)
Proposal for a regulation
Section VII – Article 31
Section VII – Article 31
Amendment 44 #
2008/0140(CNS)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In its accompanying communication ‘Non-discrimination and equal opportunities: A renewed commitment’ of 2 July 2008 (COM(2008)0420 final), the Commission affirmed that the European Union already has one of the most advanced non-discrimination legal frameworks in the world.
Amendment 48 #
2008/0140(CNS)
Proposal for a directive
Recital 9
Recital 9
Therefore, legislation should prohibit discrimination based on religion or belief, disability, age or sexual orientation in a range of areas outside the labour market, including social protection, education and access to and supply of goods and services, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 61 #
2008/0140(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Owing to the excessive burden on small and medium-sized enterprises (SMEs), they should be afforded special protection, following the model of the US Civil Rights Act.
Amendment 68 #
2008/0140(CNS)
Proposal for a directive
Recital 13
Recital 13
(13) In implementing the principle of equal treatment irrespective of religion or belief, disability, age or sexual orientation, the Community should, in accordance with Article 3(2) of the EC Treaty, aim to eliminate inequalities, and to promote equality between men and women, especially since women are often the victims of multiple discrimination.
Amendment 77 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors arcan be shown to be key factors for the assessment of risk.
Amendment 86 #
2008/0140(CNS)
Proposal for a directive
Recital 16
Recital 16
(16) All individuals enjoy the freedom to contract, including the freedom to choose a contractual partner for a transaction. This Directive should not apply to economic transactions undertaken by individuals for whom these transactions do not constitute their professional or commercial activity.
Amendment 98 #
2008/0140(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) While prohibiting discrimination, it is important to respect other fundamental rights and freedoms, including the protection of private and family life and transactions carried out in that context, the freedom of religion, and the freedom of association. This Directive is without prejudice to national laws on marital or family status and the value thereof, including on reproductive and adoption rights. It is also without prejudice to the secular nature of the State, state institutions or bodies, or education.
Amendment 116 #
2008/0140(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. This Directive therefore respects national legislation guaranteeing their status and activities and shall not apply thereto. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on the Rights of Persons with Disabilities.
Amendment 120 #
2008/0140(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) The prohibition of discrimination should be without prejudice to the maintenance or adoption by Member States of measures intended to prevent or compensate for disadvantages suffered by a group of persons of a particular religion or belief, disability, age or sexual orientation. Such measures may permit organisations of persons of a particular religion or belief, disability, age or sexual orientation where their main object is the promotion of the special needs of those persons.
Amendment 124 #
2008/0140(CNS)
Proposal for a directive
Recital 23
Recital 23
(23) Persons who have been subject to discrimination based on religion or belief, disability, age or sexual orientation should have adequate means of legal protection. To provide a more effective level of protection, associations, organisations and other legal entities should be empowered to engage in proceedings, including on behalf of or in support of any victim, without prejudice to national rules of procedure concerning representation and defence before the courts.
Amendment 132 #
2008/0140(CNS)
Proposal for a directive
Article 1
Article 1
This Directive lays down a framework for combating discrimination on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect in the Member States the principle of equal treatment other than in the field of employment and occupation.
Amendment 142 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 2 – point (b)
Article 2 – paragraph 2 – point (b)
(b) indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a particular religion or belief, a particular disability, a particular age, or a particular sexual orientation at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Amendment 144 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 147 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. In this context, the concepts of harassment and unwanted conduct may be defined in accordance with the national laws and practice of the Member States.
Amendment 152 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Harassment shallmay also be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Amendment 167 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on the grounds of agelaid down in Article 1 shall not constitute discrimination, if, within the context of national law, they are justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary there is an objective reason for the violation thereof. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or services.
Amendment 176 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 7
Article 2 – paragraph 7
7. Notwithstanding paragraph 2, in the provision of financial services Member States may permit proportionate differences in treatment where, for the product in question, the use of age or disability is a keydetermining factor in the assessment of risk based on relevant and accurate actuarial or statistical datactuarial principles, accurate statistical data or medical knowledge shall not be considered discrimination for the purposes of this Directive.
Amendment 189 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Within the limits of the powers conferred upon the Community, the prohibition of discrimination shall apply to all persons, as regards both the public and private sectors, including public bodies, provided they are performing a professional or commercial activity, in relation to:
Amendment 190 #
Amendment 196 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) access to and supply of goods and services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 197 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) access to and supply of goods and services which are available to the public, including housing. Subparagraph (d) shall not apply to individuals only insofar as they are performing a professional or commercial activityexisting private and business premises.
Amendment 200 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 1 - point d
Article 3 – paragraph 1 - point d
(d) Access to and supply of goods and other services which are available to the public, including housing. Subparagraph (d) shall apply to individuals only insofar as they are performing a professional or commercial activity.
Amendment 208 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive is without prejudice to national laws on marital or family statusegislation on marriage, family status and the benefits dependent thereon and reproductive rights.
Amendment 211 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Directive is without prejudice to national laws on marital or family status and reproductivetheir importance and reproductive and adoption rights.
Amendment 239 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The advertising and media sector shall be excluded from the scope of this Directive.
Amendment 247 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) The measures necessary to enable persons with disabilities to have effective non-discriminatory access to social protection, social advantages, health care, education and access to and supply of goods and services which are available to the public, including housing and transportelecommunications, electronic communication, information, also in accessible formats, modes of transport and other public spaces and facilities, shall be provided by anticipation, including through appropriate modifications or adjustments. Such measures should not impose a disproportionate burden, nor require fundamental alteration of the social protection, social advantages, health care, education, ornature of the goods or services in question or of the nature of the trade, profession or undertaking in question. An alteration shall be regarded as fundamental if it alters the goods or services or the nature of a trade, profession or undertaking to such an extent that the provider of the goods andor services in question or require the provision of alternatives thes effectively providing a completely different kind of good or service. Extensive alterations to existing private and business premises shall constitute a disproportionate burden. In addition, Member States may determine what modifications or adjustments are to be considered appropriate.
Amendment 253 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) No breach of the ban on disadvantaging individuals shall be deemed to have occurred if there is an objective reason justifying a difference in treatment on grounds of religion or belief, disability, age or sexual orientation. In particular, this may be the case if the difference in treatment 1. is intended to rule out risks or prevent damage or to serve other, similar purposes, 2. takes account of the requirement to protect privacy or personal safety, 3. offers special advantages and there can be no interest in enforcing equal treatment. In connection with the rental of housing, different treatment with a view to establishing and maintaining socially stable tenancy patterns and balanced settlement structures and balanced economic, social and cultural conditions shall be admissible.
Amendment 266 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. When defining what constitutes a ‘disproportionate burden’ within the meaning of the second sentence of paragraph 1(a) and paragraph 1(b), due account shall be taken of the laws on equal treatment of persons with disabilities in force in each Member State and the interpretation of those laws by national courts.
Amendment 274 #
2008/0140(CNS)
Proposal for a directive
Article 5
Article 5
5. With a view to ensuring full equality in practice, the principle of equal treatment shall not prevent any Member State from maintaining or adopting specific measures to prevent or compensate for disadvantages linked to religion or belief, disability, age, or sexual orientation.
Amendment 278 #
2008/0140(CNS)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 299 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate a body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, including rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 321 #
2008/0140(CNS)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive by …. at the latest [twohree years after adoption]. They shall forthwith inform the Commission thereof and shall communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 4 #
2007/2202(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is aware that measures to protect against discrimination give rise to bureaucracy and costs, for business in particular; recommends that this be taken into account in relation to future measures and therefore calls for caution with regard to further legislation;
Amendment 5 #
2007/2202(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 9 #
2007/2202(INI)
Draft opinion
Paragraph 9
Paragraph 9