1186 Amendments of Eva LICHTENBERGER
Amendment 22 #
2013/2077(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the smart regulation agenda constitutes an attempt to consolidate efforts in terms of better lawmaking, simplification of EU law and the reduction of administrative and regulatory burdens, and to embark on a path towards good governance grounded in evidence-based policymaking, in which impact assessments and ex post controls play an essential role;
Amendment 30 #
2013/2077(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 31 #
2013/2077(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 36 #
2013/2077(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that an effective approach towards the challenges of better lawmaking, in terms of both existing laws and prospective legislation, will help the European institutions respond to the crisis; considers that the reform of European legislation and legislative practices is an essential tool in delivering growth and competitiveness in Europeaim of the better regulation exercise should be to ensure that the public interest objectives of EU legislation are fully achieved;
Amendment 39 #
2013/2077(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that an effective approach towards the challenges of better lawmaking, in terms of both existing laws and prospective legislation, will help the European institutions respond to the crisis; considers that the reform of European legislation and legislative practices is an essential tool in delivering growth and competitiveness in Europeaim of the better regulation exercise should be to ensure that the public interest objectives of EU legislation are fully achieved;
Amendment 66 #
2013/2077(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 71 #
2013/2077(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 72 #
2013/2077(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the positive development of the Directorate for Impact Assessment and European Added Value within Parliament; bBelieves that a systematic approach to the consideration of impact assessments should be adopted throughout Parliament; welcomes the preparation by the Impact Assessment Directorate of short summaries of the impact assessments accompanying Commission proposals, and considers that these should form a essentialone of the elements of committees' consideration of legislative proposals being debated; requests the Conference of Committee Chairs to consider how best to implement this recommendation;
Amendment 73 #
2013/2077(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 74 #
2013/2077(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 1 #
2013/2063(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Commission to take action to further harmonise laws across the Member States in order to avoid jurisdictional confusion and fragmentation and to improve thensure transparency ofin the digital single market;
Amendment 4 #
2013/2063(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to review otherall EU legislation to address gaps related to cloud computing; calls, in particular, for the revision of the intellectual property rights regime, the Unfair Commercial Practices Directive, the Unfair Contract Terms Directive and the E-Commerce Directive, which are the most relevant pieces of EU legislation that apply to cloud computing, especially with regards to the elements of the acquis which implement and give substance to fundamental rights and basic freedoms of the Union;
Amendment 14 #
2013/2063(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to establish a clear legal framework in the field of copyright content in the cloud, especially with regard to licensing regulation, especially with regard to the harmonisation of copyright exceptions and limitations; stresses that flexibilities are not only for passive use but should give users and authors broad rights to use copyrighted material without consent from the rights holders;
Amendment 21 #
2013/2063(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to develop, together with stakeholders, voluntary certification schemesfree and open source software, in particular for providers of security systems, which would help to harmonise practices across cloud providers and which would make clients more aware of what they should expect from cloud service providers;
Amendment 22 #
2013/2063(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that, owing to jurisdiction problems, European consumers are in practice unlikely European consumers need to be able to seek redress from cloud services providers in othernon-EU jurisdictions; calls therefore, on the Commission to provide adequatelegal means for redress in the consumer services area, since there is a strong imbalance of power between consumers and providers of cloud computing; in particular, calls on the Commission to monitor cloud services providers implementing terms of service which permit, or appear to permit, withdrawal or restrictions of services arbitrarily;
Amendment 23 #
2013/2063(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 2 #
2013/2043(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Emphasises that e-commerce is a fast- growing, job-creating sector, and one of the main reasons for its success is the quality of delivery services, that should therefore strive to implement innovative improvements to delivery options (e.g. parcel collection points at transport hubs, IT notification) and optimize and implement green logistic chains;
Amendment 4 #
2013/2043(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the particular need to implement green logistics, as the customer demands increasingly call for the quick delivery of small quantities at reasonable prices that should not lead to developments that contradict the EU's social or environmental goals;
Amendment 11 #
2013/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the limited cross-border developmentquality of e-commerce by SMEs; encouragesnot only by SMEs; therefore encourages in particular collaboration between SMEs to negotiate more advantageous delivery prices;
Amendment 14 #
2013/2043(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that the e-retailer places the order with the deliverer, and should therefore take responsibility for information on the working conditions, conditions for parcel delivery, their carbon footprint and their traceability;
Amendment 22 #
2013/2043(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets the fragmentation of the European postal sector into national networks with poor interoperability; calls on the Commission to introduce common labelling and, traceability as well as better information and transparency standards;
Amendment 27 #
2013/2043(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Encourages the development of labels and certificates for delivery services that can be recognised at European level, thus encouraging companies to improve their environmental, social and economic performance and giving consumers confidence in the reliability as well as the social and environmental soundness of the services offered;
Amendment 38 #
2013/2043(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the protection of an individual's personal data, and data protection in general, is of paramount importance and that any new measures taken should be subject to EU data protection legislation and in particular to Directive 95/46/EC;
Amendment 288 #
2013/2024(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Proposes a systematic and independent ex-post evaluation of new legislation that should also assess the continuing need for legislation in this area; suggests that investments in information infrastructure related to the Stockholm program shall procure and tender only free and open source software solutions as to avoid creating markets for security vulnerabilities in proprietary programs
Amendment 302 #
2013/2024(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Requests the Commission to put more emphasis onmake it a political priority to overseeing and ensuringe the concrete implementation of EU legislation by the Member States; notes that, when the rights of citizens are concerned, this needs to be done as of the first day an act enters into force; considers that more needs to be done in this area, and that the reasons for any failure to implement EU legislation should be identified;
Amendment 12 #
2013/0344(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Climate change, i.e. caused by different greenhouse gas emissions (GHG) from aviation, is of a global nature: it does not take into account whatever short term pretended reasons for delaying climate protection measures. The longer it takes to introduce efficient climate protection initiatives for the aviation sector, the larger economic damage will be for the international society and mainly for those countries at the equatorial area of our globe.
Amendment 15 #
2013/0344(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Consequently it is desirable to temporarily consider the requirements set out in Directive 2003/87/EC of the European Parliament and of the Council4 as satisfied, when obligations are met in respect of a certain percentage of the emissions from flights to and from aerodromes in third countries. In doing so, the Union emphasises that requirements can be applied in respect of certain percentages of emissions from flights to and from aerodromes in countries of the European Economic Area (EEA), in the same manner as legal requirements can be placed on more of the emissions from flights to and from such aerodromes. The ‘stop the clock’ provisions introduced by Decision 2013/377/EU should be limited until 31 December 2014 at the latest. __________________ 4 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32)
Amendment 4 #
2013/0303(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In connection with the modernisation and restructuring of the fleets, social measures should be envisaged to help workers who wish to leave the inland waterway industry or to retrain for jobs in another sector, together with measures to encourage the establishment of groupings of undertakings, improve operators' skills and promote the adaptation of vessels to technical progress as regards the development of River Adapted Ships for Sustainable Inland Navigation (RASSIN) and the improvement of interconnecting terminals rail-inland waterways, thereby a better use of existing infrastructure and a stronger emphasis on environmentally friendly shipping.
Amendment 13 #
2013/0303(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 718/1999
Article 8 – indent 6
Article 8 – indent 6
– encourage innovation of vessels and their adaptation to technical progress as regards the environment, in particular to promote the development of River Adapted Ships for Sustainable Inland Navigation (RASSIN), to boost the use LNG and renewable energies by cleaner ships.
Amendment 13 #
2013/0302(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The conditions for the issuing of supplementary Union inland navigation certificates by Member States for operations on Zone 1 and 2 waterways (estuaries) and for operations on Zone 4 waterways should be harmonised more closely, taking into account Articles 16 and 36 of the Regulation EU No 1315/20136a of the European Parliament and of the Council of 11 December 2013 on the Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU. ______________ 6a OJ L 56, 20.12.2013, p. 1.
Amendment 20 #
2013/0302(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The European Parliament or the Council may revoke the delegation of power referred to in Articles 3, 4, 8, 10, 22 and 23 at any time. A revocation decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified in the decision. It shall not affect the validity of any delegated acts already in force.
Amendment 12 #
2013/0253(COD)
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Directive [BRRD] should govern recovery and resolution planning, early intervention, conditions for and principles of resolution as well as the use of resolution tools by SRM. It is therefore appropriate that this regulation covers only those aspects required to ensure that the SRM implements that directive and that appropriate additional funding required is at its disposal.
Amendment 13 #
2013/0253(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Globally systemic important institutions (G-SIIs) and other systemic important institutions (O-SIIs) are by their nature not compatible with an efficient and robust market economy, inter alia because they benefit from large implicit subsidies, and even with the use of resolution tools, the risk will persist that they cannot be resolved without public funds being deployed. Pre-emptive action by the Board within a reasonable time frame, including a significant reduction in their size, inter- connectedness and complexity, is therefore imperative.
Amendment 15 #
2013/0253(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Application of Directive [BRRD] The actions of the SRM in relation to institutions shall be governed by Directive [BRRD].
Amendment 16 #
2013/0253(COD)
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7 b Resolvability of Systemically Important Institutions For institutions referred to in article 2 of this regulation and identified as globally systemic important institutions (G-SIIs) or as other systemically important institutions (O-SIIs) pursuant to Article 131 of DIRECTIVE 2013/36/EU, the Board shall prioritise the assessment of their resolvability in accordance with Article 13 [BRRD] and draw up a plan for each of these institutions to remove impediments to resolvability in accordance with Article 14 [BRRD]. The plan shall include at least the following: (a) requiring the institution to divest specific assets; (b) requiring the institution to limit or cease specific existing or proposed activities; (c) requiring changes to legal or operational structures of the institution so as to reduce complexity in order to ensure that critical functions may be legally and economically separated from other functions through the application of the resolution tools;
Amendment 20 #
2013/0253(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. Where a national resolution authority has not applied a decision referred to in Article 16, or has applied it in a way which fails to achieve the resolution objectives under this Regulation, the Board shall have the power to order an institution under resolution or exercise any other powers provided for in Directive [BRRD]:
Amendment 21 #
2013/0253(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Post Resolution Public Transparency After the financial institution to which resolution actions have been applied ceases to meet the conditions for resolution, and after the conclusion of any insolvency proceeding relating to that institution or institutions resulting from the resolution actions, the Board shall without delay make publically available a suitably aggregated balance sheet valued according to the principles set out in this regulation at the moment the decision to resolve the institution was taken, clearly showing the net asset value of the institution and the value of the classes of assets and liabilities. In addition, the Board shall publish the total amount of losses born by the different classes of creditors where bail-in was applied, the amount and sources of funding used in the resolution process, and the proceeds of any sales of business units or assets.
Amendment 22 #
2013/0253(COD)
Proposal for a regulation
Article 41 – paragraph 8
Article 41 – paragraph 8
8. During any investigations by the Parliament, the Board shall cooperate with the Parliament, subject to the TFEU. The Board and the Parliament shall conclude by 1 March 2015 appropriate arrangements on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the Board by this Regulation. Those arrangements shall cover, inter alia, access to information, cooperation in investigations and information on the selection procedure of the Executive Director and the Deputy Director and shall have in all relevant aspects at least the scope and substance covered by the IIA adopted by the EP on 9.10.2013 in the framework of the SSM pursuant to article 20 paragraph 9 of regulation [SSM]. These arrangements shall include an agreement between the Board and the Parliament on the principles and procedures for the classification, transmission to Parliament and delayed public disclosure of confidential information other than those covered by the IIA concluded pursuant to article 20 paragraph 9 of regulation [SSM].
Amendment 23 #
2013/0253(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. When deliberating on an individual entity or a group established only in one participating Member State, the Board shall take its decisions in its executive sessions by a simple majority of itsthe participating members referred to in article 49(2). In case of a tie the Executive Director shall have a casting vote.
Amendment 24 #
2013/0253(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. When deliberating on a cross-border group, the Board shall take its decisions in its executive sessions by a simple majority of itsthe participating members. referred to in article 49(3) with the following modifications: The members of the Board referred to in Article 40(239(1) points a) to d) and the member appointed by the Member State in which the group level resolution authority is situated shall each have one vote. The other participating members shall each have a voting right equal to a fraction of one vote and the number of national resolution authorities of the Member States in which a subsidiary or entity covered by consolidated supervision is established shall each have a voting right equal to one divided by their number. In case of a tie the Executive Director shall have a casting vote.
Amendment 25 #
2013/0253(COD)
Proposal for a regulation
Article 66 – paragraph 3 – introductory part
Article 66 – paragraph 3 – introductory part
3. TWithout prejudice to paragraph 1 second subparagraph, the Commission shall be empowered to adopt delegated acts in accordance with Article 82 to specify the following:
Amendment 26 #
2013/0253(COD)
Proposal for a regulation
Article 69 – paragraph 1
Article 69 – paragraph 1
1. The Board may contract for the Fund borrowings or other forms of support from, first private and, where this is not possible, public financial institutions or other third parties, in the event that the amounts raised in accordance with Articles 66 and 67 are not immediately accessible or sufficient to cover the expenses incurred by the use of the Fund.
Amendment 172 #
2013/0246(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The price increase referred to in paragraph 1 shall not exceed 103% of the price of the package.
Amendment 228 #
2013/0246(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The organisers and retailers shall prove that they have taken all measures to guarantee the protection of the traveller, including the existence of a fund or insurance.
Amendment 26 #
2013/0187(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The development and implementation of the ATM master plan requires regulatory actions in a wide variety of aviation subjects. The Agency should, in supporting the Commission for drafting technical rules, adopt a balanced approach and without conflict of interests, to regulating different activities based on their specificities, acceptable levels of safety and, climate and environmental and sustainability an identified risk hierarchy of users to ensure a comprehensive and co- ordinated development of aviation.
Amendment 33 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Regulation (EC) No 216/2008
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) to regulate civil aviation in a way that best promotes its sustainable development, performance, interoperability and safety, safety, climate protections, environmentally friendliness and energy saving in a manner proportionate to the nature of each particular activity.
Amendment 40 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Regulation (EC) No 216/2008
Article 4 – paragraph 1– point e
Article 4 – paragraph 1– point e
Amendment 41 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Regulation (EC) No 216/2008
Article 4 – paragraph 1– point ii
Article 4 – paragraph 1– point ii
Amendment 42 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 216/2008
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 54 #
2013/0187(COD)
Proposal for a regulation
Article 1 – point 13 – point c
Article 1 – point 13 – point c
Regulation (EC) No 216/2008
Article 10 – paragraph 5 – point d
Article 10 – paragraph 5 – point d
Amendment 125 #
2013/0186(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The provision of communication, navigation and surveillance services, as well as meteorological and aeronautical information services, should be organised under market conditions whilst taking into account the special features of such services and maintaining a high level of safety and reducing climate impact and environmental damage from aviation.
Amendment 144 #
2013/0186(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for the creation and proper functioning of the Single European Sky in order to ensure current air traffic safety standards, to contribute to the sustainable development of the air transport system, such as reducing the climate impact and environmental damage from aviation, and to improve the overall performance of air traffic management (ATM) and air navigation services (ANS) for general air traffic in Europe, with a view to meeting the requirements of all airspace users. The Single European Sky shall comprise a coherent pan-European network of routes, an integrated operating airspace, network management and air traffic management systems based only on safety, efficiency and interoperability, for the benefit of all airspace users.
Amendment 146 #
2013/0186(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Amendment 152 #
2013/0186(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. ‘air traffic flow management’ means a service established with the objective of contributing to a safe, climate and environmentally friendlier, energy more efficient, orderly and expeditious flow of air traffic by ensuring that ATC capacity is utilised to the maximum extent possible, and that the traffic volume is compatible with the capacities declared by the appropriate air traffic service providers;
Amendment 156 #
2013/0186(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
24. ‘functional airspace block’ means an airspace block based on operational requirements and cross-border (established regardless of State boundaries), where the provision of air navigation services and related functions are performance-driven and optimised with a view to introducing, in each functional airspace block, enhanced cooperation among air navigation service providers or, where appropriate, an integrated provider;
Amendment 158 #
2013/0186(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘interoperability’ means a set of functional, technical and operational properties required of the systems and constituents of the EATMN and of the procedures for its operation, in order to enable its safe, climate and environment friendly, energy saving, seamless and efficient operation. Interoperability is achieved by making the systems and constituents compliant with the essential requirements;
Amendment 160 #
2013/0186(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
31. ‘route network’ means a network of specified routes for channelling the flow of general air traffic as necessary for the provision of ATC services, reduction or avoidance of vapour contrails and climate protection;
Amendment 161 #
2013/0186(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 32
Article 2 – paragraph 1 – point 32
32. ‘surveillance services’ means those facilities and services used to determine the respective positions of aircraft to allow safe sepa, climate and environmentally friendlier operation;
Amendment 190 #
2013/0186(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) ensuring the supervision of the application of this Regulation, in particular with regard to the safe, climate and environmentally friendlier, energy saving and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the Member State which nominated or established the relevant authority;
Amendment 202 #
2013/0186(COD)
Proposal for a regulation
Article 7 – paragraph 2 – indent 6 a (new)
Article 7 – paragraph 2 – indent 6 a (new)
– representative environmental and airport neighbours' organisations.
Amendment 214 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 223 #
2013/0186(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. In choosing the provider of support services, in particular cost and energy efficiency, overall service quality and safety, climate and environmentally friendliness of services shall be taken into account by the entity procuring those services.
Amendment 240 #
2013/0186(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) Union -wide and associated local performance targets on the key performance areas of safety, energy efficiency, the climate, the environment, capacity and cost-efficiency;
Amendment 325 #
2013/0186(COD)
Proposal for a regulation
Article 28 – paragraph 2 – indent 6 a (new)
Article 28 – paragraph 2 – indent 6 a (new)
– representative environmental and airports neighbours organisations.
Amendment 24 #
2013/0185(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The Union right to compensation for antitrust harm requires each Member State to have procedural rules ensuring the effective exercise of that right. The need for effective procedural remedies also follows from the right to effective judicial protection as laid down in Article 47, first paragraph, of the Charter of Fundamental Rights of the European Union53 and in Article 19(1), second subparagraph of the Treaty on European Union. __________________ 53Member States should ensure effective legal protection in the fields covered by Union law __________________ 53 OJ C 326, 26.10.2012, p. 391. OJ C 326, 26.10.2012, p. 391.
Amendment 27 #
2013/0185(COD)
Proposal for a directive
Recital 5
Recital 5
(5) To ensure effective public and private enforcement actions under civil law and effective public enforcement by competition authorities, both tools are required to interact to ensure maximum effectiveness of the competition rules, i. It is necessary to regulate the way the two forms of enforcement are coordinated, for instance the arrangements for access to documents held by competition authorities. Such coordination at Union level will also avoid divergence of applicable rules, which could jeopardise the proper functioning of the internal market.
Amendment 29 #
2013/0185(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In accordance with Article 26(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. There exist marked differences between the rules in the Member States governing actions for damages for infringements of national or Union competition law. Those differences lead to uncertainty concerning the actual effect of competition infringements on the business sector inflicted and the conditions under which injured parties can exercise the right to compensation they derive from the Treaty, and affect the substantive effectiveness of such rights. AsThe additional information asymmetry and the difficulties associated with quantifying antitrust harm injured parties often choose the forum of their Member State of establishment to claim damages, the discrepancies between the national rules lead to an uneven playing field, distort competition and reducing consumer confident as regards actions for damages and may affect competition on the markets on which these injured parties, as well as the infringing undertakings, operate. The lack of common unified and horizontal legal principles on redress to assure that the companies whom breaches the competition law and hold a profit on such activities at the cost of law abiding businesses, are not the ones to continue to benefit from the lack of legal consistency within the Union.
Amendment 31 #
2013/0185(COD)
Proposal for a directive
Recital 8
Recital 8
(8) It is therefore necessary to ensure a more level playing field for undertakings operating in the internal market and to improve the conditions for consumers to exercise the rights they derive from the internal market. It is also appropriate to increase legal certainty and to reduce the differences between the Member States as to the national rules governing actions for damages for infringements of European competition law and, when applied in parallel to the latter, national competition law. An approximation of these rules will also help to prevent the emergence of wider differences between the Member States' rules governing actions for damages in competition cases to prevent further lack of consumer's confident in the internal market due to the current difficulties in obtaining compensation for the harm they have suffered.
Amendment 33 #
2013/0185(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive reaffirms the acquis communautaire on the Union right to compensation for harm caused by infringements of Union competition law, particularly regarding standing and the definition of damage, as it has been stated in the case-law of the Court of Justice of the European Union, and does not pre-empt any further development thereof. Anyone who has suffered harm caused by an infringement can claim compensation for the actual loss (damnum emergens), for the gain of which he has been deprived (loss of profit or lucrum cessans) and payment of interest accruing from the time the harm occurred until compensation is paid. This right is recognised for any natural or legal person - consumers, undertakings and public authorities alike - irrespective of the existence of a direct contractual relationship with the infringing undertaking, and regardless of whether or not there has been a prior finding of an infringement by a competition authority. This Directive should not require Member States to introduce collective redress mechanisms for the enforcement of Articles 101 and 102 of the Treaty.
Amendment 34 #
2013/0185(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) SMEs and consumers suffer damage because of legal ineffectiveness due to lack of cost effective enforcement of Article 101 and 102 of the Treaty. This imbalance gives opportunity for large companies to exploit their size and financial positions in the internal market towards SMEs. The collective redress procedures for access to justice, especially for SMEs and consumers, are vital factors in order to preserve consumers' right of choice and avoid abusive acts, to enforce legal rights. The aims of the proposed directive may not be fully reached if collective redress is not available to SMEs and consumers to initiate legal procedures for damages for competition law infringements; the Commission shall launch a study assessing how Member States apply collective redress procedures to private damage claims for the enforcement of infringements to Articles 101 and 102 of the Treaty. Member States should ensure that all injured parties proficiently and cost effective can exercise their claims for damages. This includes assessing the possibilities of making collective redress procedures available for private damages claims.
Amendment 42 #
2013/0185(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Leniency programmes and settlement procedures are importantcan be some of the tools for the public enforcement of Union competition law asif they contribute to the detection, efficient prosecution and sanctioning of the most serious competition law infringements. Undertakings may be deterred from co-operating in this context if disclosure of documents they solely produce to this end were to expose them to civil liability under worse conditions than the co-infringers that do not co-operate with competition authorities. To ensure that undertakings are willing to produce voluntary statements acknowledging their participation in an and if they contribute in having companies preliminary to report suspicions of possible own breach to prevent infringements of Union or natthe Unionals competition law to a competition authority under a leniency programme or a settlement procedure, such statements should be excepted from disclosure of evidence.
Amendment 52 #
2013/0185(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States shall ensure that all injured parties can proficiently and costs effectively exercise their claims for damages. Member States shall introduce collective redress mechanisms based on defined common principles for the enforcement of Articles 101 and 102 of the Treaty as stipulated in the Commission Recommendation 2013/396/EU. Member States shall ensure that all injured parties proficiently and cost effective can exercise their claims for damages. This includes assessing the possibilities of making collective redress procedures available for private damages claims.
Amendment 56 #
2013/0185(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
3. ‘'action for damages’' means an action under national law by which an injured party bringsby which a claim for damages is brought before a national court; it may also cover actions by which or someone acting on behalf of one or more injured parties brings a claim for damages before a national court, where national law provides for this possibility;
Amendment 57 #
2013/0185(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
3a. 'collective redress' means: (i) a legal mechanism that ensures a possibility to claim cessation of illegal behaviour collectively by two or more natural or legal persons or by an entity entitled to bring a representative action (injunctive collective redress); (ii) a legal mechanism that ensures a possibility to claim compensation collectively by two or more natural or legal persons claiming to have been harmed in a mass harm situation or by an entity entitled to bring a representative action (compensatory collective redress)
Amendment 62 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall ensure that, where a claimant has presented reasonably available facts andor evidence showing plausible grounds for suspecting that he, or those he represents, has suffered harm caused by the defendant's infringement of competition law, national courts can order the defendant or a third party to disclose evidence, regardless of whether or not this evidence is also included in the file of a competition authority, subject to the conditions set out in this Chapter. Member States shall ensure that courts are also able to order the claimant, the defendant or a third party to disclose reasonably available facts or evidence on request of the defendantsuch a claim.
Amendment 73 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
(d) in cases where the infringement is being or has been investigated by a competition authority, whether the request has been formulated specifically with regard to the nature, object or content of such documents rather than by a non- specific request concerning documents submitted to a competition authority or held in the file of such competition authority.
Amendment 76 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that national courts have at their disposal effective measures to protect confidential information from improper use to the greatest extent possible whilst also ensuring that relevant evidence containing such information to the extent possible is available in the action for damages.
Amendment 79 #
2013/0185(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that, to the extent that their courts have powers to order disclosure without hearing the person from whom disclosure is sought, no penalty for non- compliance with such an order may be imposed until the addressee of such an order has been provided with the possibility to be heard by the court.
Amendment 86 #
2013/0185(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) leniency corporate statements of the first leniency applicant; and
Amendment 98 #
2013/0185(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Member States shall ensure that for the purposes of facilitating amicable negotiations, potential claimants can obtain the evidence regarding quantum of loss from the competition authority or the defendant without the need of starting a judicial action in court.
Amendment 111 #
2013/0185(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall ensure that the limitation period for bringing an action for damages is at least fiveten years.
Amendment 117 #
2013/0185(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall ensure that an undertaking which has been granted immunity from fines by a competition authority under a leniency programme shall be liable to injured parties other than its direct or indirect purchasers or providers only when such injured parties show that they are unable to obtain full compensation from the other undertakings that were involved in the same infringement of competition law.
Amendment 125 #
2013/0185(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point a
Article 13 – paragraph 2 – subparagraph 1 – point a
(a) the defendant has inflicted or committed an infringement of competition law;
Amendment 128 #
2013/0185(COD)
Proposal for a directive
Article 13 – paragraph 2 – subparagraph 1 – point b
Article 13 – paragraph 2 – subparagraph 1 – point b
(b) the infringement resulted in an overchargedistortion in the market that resulted in an overcharge or a loss as so for the direct purchaser or competitor of the defendant; and
Amendment 130 #
2013/0185(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The rules laid down in this Chapter shall be without prejudice to the right of any injured party that have suffered harm to claim compensation for loss of profits.
Amendment 136 #
2013/0185(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States shall ensure that when competition authorities approve the settlement for compensation or take the results of consensual dispute resolution into account, the quantification of damage and the identification of victims are included into their investigation.
Amendment 4 #
2013/0166(COD)
Proposal for a decision
Recital 1
Recital 1
(1) Under Article 3(d) of Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport20 , the harmonised provision for an interoperable EU-wide eCall service constitutes a prioritychallenge to improve the efficiency of interoperability with existing emergency services systems while taking action for the development and use of specifications and standards. __________________ 20 OJ L 207, 6.8.2010, p. 1.
Amendment 17 #
2013/0165(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to further improve road safety, the Communication ‘eCall: Time for Deployment’6 proposes new measures to accelerate the deployment ofdeploy an in-vehicle emergency call service in the Union, without neglecting the principle of technology neutrality. One of the suggested measures is to make mandatory the fitting of eCall in-vehicle systems in all new vehicles starting with M1 and N1 vehicle categories as defined in Annex II to Directive 2007/46/EC. __________________ 6 COM (2009) 434 final.
Amendment 18 #
2013/0165(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) There should not be any co-financing mechanism from the EU budget to support this system.
Amendment 54 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 a (new)
Article 6 – paragraph 2 – subparagraph 1 a (new)
The car owner/users shall have the right to access any of their personal data, gathered by the e-Call system.
Amendment 58 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 9 which shall define furtherpropose within the ordinary legislative procedure criteria and definitions on the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 as well as the modalities of the private data processing and of the user information referred to in paragraph 3.
Amendment 63 #
2013/0165(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The power to adopt delegated acts referred to in Article 5 (7), Article 6(4) and in Article 8(2) shall be conferred on the Commission for an indeterminate period of time from […][Publications Office, please insert the exact date of entry into force].
Amendment 47 #
2013/0110(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Increased transparency regarding the activities of large companies, and in particular regarding the name(s) of establishments, nature of activities and their geographical locations, turnover, number of employees on a full time equivalent basis, profits made, taxes on profit paid and subsidies received, is essential for ensuring the trust of EU citizens in companies. Mandatory reporting in this area can therefore be seen as an important element of the corporate responsibility of companies to stakeholders and society.
Amendment 50 #
2013/0110(COD)
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) Sustainability reporting is a vital step for managing change towards a sustainable global economy, one that combines long term profitability with social justice and environmental protection. Transparency and accountability are now becoming an intrinsic part of the discussions on the post-2015 development agenda and the Sustainable Development Goals. As sustainability reporting helps to measure, monitor and manage performance and impacts, it offers an opportunity to further harness the capacity of the private sector to positively impact sustainable development.
Amendment 57 #
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, companies should be required 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, taking into account the companies' complete supply chain.
Amendment 63 #
2013/0110(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The disclosure of non-financial information should be based on risk- based due diligence carried out by companies to identify, prevent and mitigate actual and potential adverse impacts, as appropriate, to the size of the companies, the nature and context of operations and the severity of the risks of adverse impacts. The principles of due diligence have been outlined in the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights implementing the UN "Protect, Respect and Remedy" Framework by which the Commission committed to abide.
Amendment 74 #
2013/0110(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In providing this information, companies may rely on national frameworks, EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and international frameworks such as the United Nations (UN) Global Compact, on their compliance with rights and values protected by norms of international law, companies shall apply the Guiding Principles on Business and Human Rights implementing the UN ‘"Protect, Respect and Remedy’" Framework, and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational EnterprisesECD Guidelines for Multinational Enterprises, companies may also rely on EU-based frameworks such as the Eco-Management and Audit Scheme (EMAS), and other international frameworks such as the United Nations (UN) Global Compact, the International Organisation for Standardisation (ISO) 26000 standard, the International Labour Organization (ILO) Tripartite Declaration of principles concerning multinational enterprises and social policy, and the Global Reporting Initiative.
Amendment 76 #
2013/0110(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) To the extent necessary for an understanding of the companies' human rights, social and environmental impacts, the annual reports shall include non- financial key performance indicators relevant to the particular business' sector. For environmental aspects, the non- financial indicators should include an assessment of greenhouse gas emissions and the use of materials, water and land. This assessment should include an estimate of the use of these resources in the company's supply chain.
Amendment 95 #
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 companies whose average number of employees exceeds 2500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million.
Amendment 125 #
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 companies whose average number of employees during the financial year exceeds 2500 and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also 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, taking into account the company´s complete supply chain, including:
Amendment 129 #
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 – point iii
Article 46 – paragraph 1 – point b – subparagraph 1 – point iii
(iii) the risks related to these matters linked to the company's operations, which are likely to cause, or have caused, adverse social, environmental and human rights' impacts; and how the company manages those risks.;
Amendment 132 #
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 – point iii a (new)
Article 46 – paragraph 1 – point b – subparagraph 1 – point iii a (new)
(iiia) an analysis of resource use, including at least land use, water use, greenhouse gas emissions and use of material;
Amendment 133 #
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 – point iii b (new)
Article 46 – paragraph 1 – point b – subparagraph 1 – point iii b (new)
(iiib) a description of the company's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversity, educational and professional background, the objectives of this diversity policy, how it has been implemented and the results in the reporting period;
Amendment 137 #
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 2
Article 46 – paragraph 1 – point b – subparagraph 2
Where a company does not pursue policies in relation to one or more of these matters, it shall provide an reasoned explanation for not doing so. based on assessment of risks related to these matters linked to the company's operations, which are likely to cause, or have caused, adverse social, environmental and human rights' impacts; and how the company manages those risks;
Amendment 140 #
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 3
Article 46 – paragraph 1 – point b – subparagraph 3
In providing such information, the company may rely on national, EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon.shall take into account its responsibility to respect rights and values protected by norms of international law. In this respect the company shall apply the Guiding Principles on Business and Human Rights implementing the United Nations "Protect, Respect and Remedy" Framework and the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises. The company may, in addition, rely on EU-based or international frameworks and, if so, shall specify which frameworks it has relied upon. This provision shall apply without prejudice to the requirements of this Directive or to other European Union legislation or guidance containing more specific rules for companies' non-financial disclosure
Amendment 141 #
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 c
Article 46 – paragraph 1 – point c
(c) To the extent necessary for an understanding of the company's development, performance or position, and human rights, social and environmental impacts, the analysis shall include both financial and non-financial key performance indicators relevant to the particular business.
Amendment 142 #
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 c a (new)
Article 46 – paragraph 1 – point c a (new)
(ca) The European Commission shall develop guidance on the methodology and use of international standards and non- financial performance indicators, as referred to in Article 46.1 in order to assist companies in their reporting. The Commission shall publish the guidance. It shall submit a report to the European Parliament and the Council on the development of the guidance, at the latest 18 months after the adoption of the Directive.
Amendment 147 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 78/660/EEC
Article 46 – paragraph 5
Article 46 – paragraph 5
Amendment 163 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – introductory wording
Article 36 – paragraph 1 – subparagraph 3 – introductory wording
For parent undertakings of undertakings to be consolidated that together exceed an average number of 2500 employees during the financial year, and, on their balance sheet dates, exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 million, the review shall also 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, taking into account the company´s complete supply chain, including the following:
Amendment 165 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – point iii
Article 36 – paragraph 1 – subparagraph 3 – point iii
(iii) the risks related to these matters linked to the company's operations which are likely to cause, or have caused, adverse social, environmental or human rights impacts, and how the company manages those risks.
Amendment 166 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – point iii a (new)
Article 36 – paragraph 1 – subparagraph 3 – point iii a (new)
(iiia) an analysis of resource use, including at least land use, water use, greenhouse gas emissions and use of materials;
Amendment 167 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 3 – point iii b (new)
Article 36 – paragraph 1 – subparagraph 3 – point iii b (new)
(iiib) gender segregated data on average pay of employees per hour over the reporting period;
Amendment 171 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 4
Article 36 – paragraph 1 – subparagraph 4
Where the undertakings included in the consolidation taken as a whole do not pursue policies in relation to one or more of these matters, the company shall provide an reasoned explanation for not doing so. based on assessment of risks related to these matters linked to the company's operations, which are likely to cause, or have caused, adverse social, environmental and human rights' impacts; and how the company manages those risks;
Amendment 172 #
2013/0110(COD)
Proposal for a directive
Article 2 – point 1 – point a
Article 2 – point 1 – point a
Directive 83/349/EEC
Article 36 – paragraph 1 – subparagraph 5
Article 36 – paragraph 1 – subparagraph 5
In providing such information, the company shall take into account its responsibility to respect rights and values protected by norms of international law. In this respect the company shall apply the Guiding Principles on Business and Human Rights implementing the United Nations' "Protect, Respect and Remedy" Framework and the Organisation for Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises. In addition, the consolidated annual report may rely on national, EU- based or international frameworks and if so, shall specify which frameworks it has relied upon. This provision shall apply without prejudice to the requirements of this Directive or to other European Union legislation or guidance containing more specific rules for companies' non- financial disclosure.
Amendment 203 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point h
Article 2 a (new) – point h
Directive 2013/34/EU
Article 41 a (new)
Article 41 a (new)
(h) The following Article is inserted: "Article 41a Country-by-country disclosure for all sectors 1. Member States shall require each company to publicly disclose annually, specifying by Member State and by third country in which it has an establishment, the following information on a consolidated basis for the financial year: a) name(s), nature of activities and geographical location, b) turnover, c) number of employees on a full time equivalent basis, d) profit or loss before tax, e) tax on profit or loss, f) public subsidies received. 2. The obligation set out in paragraph 1 of this article shall not apply to any company governed by the law of a Member State whose parent company is subject to the laws of a Member State and whose information is included in the information disclosed by that parent company/undertaking in accordance with paragraph 1 of this article. 3. The information referred to in paragraph 1 shall be audited in accordance with Directive 2006/43/EC and shall be published, where possible, as an annex to the annual financial statements or, where applicable, to the consolidated financial statements of the company concerned."
Amendment 206 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point j
Article 2 a (new) – point j
Directive 2013/34
Article 50 a (new)
Article 50 a (new)
(j) The following Article is inserted: "Article 50a Monitoring and enforcement 1. Member States shall ensure that adequate and effective means exist to monitor and enforce the disclosure of non-financial information by companies in compliance with the provisions of this Directive 2 Member States shall ensure that judicial and/or administrative procedures for the enforcement of obligations under this Directive are available to all persons, including legal entities, who have in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with."
Amendment 208 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point l
Article 2 a (new) – point l
Directive 2013/34
Article 53 a (new)
Article 53 a (new)
Amendment 49 #
Amendment 51 #
2013/0105(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The White Paper ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ published in 20116 emphasised the need to reduce greenhouse gas emissions, particularly carbon dioxide (CO2) emissions, by 60% in comparison with 1990 levels by 2050. __________________ 6, as well as 20% by 2020. __________________ 6 COM (2011) 0144: - COM (2011) 0144: -
Amendment 53 #
2013/0105(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) As there are currently no policies in place to deal with the rising CO2 emissions from trucks, the Commission should assess the introduction of fuel efficiency standards for trucks, further extending its legislative approach on cars and vans.
Amendment 55 #
2013/0105(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment may be installed as soon as this Directive enters into force, as the products are available on the market and already used in other continents.
Amendment 60 #
2013/0105(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) the Commission should develop an approach to reduce empty runs in road freight transport within the framework of measures concerning ‘weights and dimensions’ as well as minimum harmonisation rules for road cabotage in order to avoid dumping practises. Furthermore, the review of the Eurovignette Directive should also be used to reflect progress in estimating the external costs and to mandate the internalisation of external costs for heavy goods vehicles. The Commission should make a proposal to amend Directive 2011/76/EU by 1 January 2015.
Amendment 64 #
2013/0105(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The improved aerodynamics of the cabs of motor vehicles would also allow significant gains on the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above. Howeve. As demonstrated by the sector, this improvement is impossible under the current maximum lengths set by Directive 96/53/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required.
Amendment 68 #
2013/0105(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In its policy orientations on road safety 2011-20207 , the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community8 . A new cab profile will also contribute to improving road safety by reducing the blind spot in the driver’s vision, including under the windscreen and to the side of the vehicle, which should help save the lives of many vulnerable road users such as pedestrians or cyclists. This new profile cshould also incorporate energy absorption structures in the event of a collision and could be streamlined to deflect other road users in case of collisions to avoid overruns. Whilst remaining within the dimensions laid down in Directive 96/53/EC, new cab designs should comply with improved direct vision requirements, energy absorption criteria and pedestrian protection requirements. The potential gain in the volume of the cab would also improve the driver'’s comfort and safety. __________________ 7 COM(2010) 389 COM(2010) 389 8 COM (2012) 258 COM (2012) 258
Amendment 92 #
2013/0105(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Any changes to the dimension of heavy goods vehicles, be it to their length, height, width or their weight, would place a heavy financial impact on member states to adapt infrastructure, be it motorway exits, bridges, tunnels, roundabouts or gradients on steep streets
Amendment 121 #
2013/0105(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The European Parliament and the Council should be regularly informed of the regularly occurring checks on road traffic carried out by the Member States. This information, provided by the Member States, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed.
Amendment 154 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Amendment 190 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 96/53/EC
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 191 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 96/53/EC
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(3a) The Commission shall develop and propose a harmonised testing regime to maximise the safety impacts of new truck fronts, sides and the rear for pedestrians and cyclists.
Amendment 221 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
In the aim of improving road safety and the aerodynamic performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may not exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of these exceedances is to allow the construction of tractor cabsractor cab construction should improvinge the aerodynamic characteristicsroad safety of vehicles or combinations of vehicles, and improving road safetye their aerodynamic characteristics.
Amendment 230 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 2 – indent 2 – point i
Article 9 – paragraph 2 – indent 2 – point i
makes vulnerable road users more visible to the driver, in particular byby improving the technology, the size and positioning of mirrors and therefore reducing i.e. the blind spot under the front windscreen
Amendment 235 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 2 – indent 2 – point ii
Article 9 – paragraph 2 – indent 2 – point ii
reduces the damage in the event of a collision by improving the energy absorption performance of cabs,
Amendment 239 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 2 – indent 4
Article 9 – paragraph 2 – indent 4
the comfort, health and safety of the drivers.
Amendment 251 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
The Commission shall be empowered to adopt delegated acts concerning the requirements which the new tractor cabs must meet in accordance with Article 16. These take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate indicating the increase in aerodynamic performance referred to in paragraph 3 and shall be adopted no later than 2 years after the publication of this Directive.
Amendment 252 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 96/53/EC
Article 9 a (new)
Article 9 a (new)
(7a) The following Article 9 a is added: Article 9 a The safety requirements referred to in article 9.2 shall become mandatory for all new N2 and N3 vehicles from 1 January 2016.
Amendment 264 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 96/53/EC
Article 11 – paragraph 1 – first part
Article 11 – paragraph 1 – first part
The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45-foot containers or swap bodies, if the road transport of the container or swap body is part of an intermodal transport operationnot jeopardise positive developments in combined transport systems such as horizontal or bi-modal intermodal systems.
Amendment 281 #
2013/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
The Member States shall establish a system for pre-selecting and, targeting and carrying out checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements of this Directive.
Amendment 108 #
2013/0072(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Air transport services are services, prepaid by the passenger, and directly or indirectly subsidised by the tax-payer. Flight tickets should therefore be considered as "result contracts", where the airlines guarantee to fulfil the obligations of the contract with the utmost care.
Amendment 129 #
2013/0072(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Regulation (EC) No 261/2004 should explicitly include the right to compensation for passengers suffering long delays, in line with the judgement of the European Court of Justice in the Joined cases C-402/07 and C-432/07 (Sturgeon). At the same time, the thresholds above which delays give rise to a right to compensation should be increased to take account of the financial impact on the sector and to avoid any increase in the frequency of cancellations as a consequence. To ensure that citizens travelling within the EU face homogenous conditions for compensation, the threshold should be the same for all travel within the Union, but it should depend upon the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports. (Regulation 261/2004/EC, Recital 11)
Amendment 134 #
2013/0072(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) Compensation for delays should depend on scheduled short, medium and long flights and take into account the passenger's lost time and inconvenience caused by the delay.
Amendment 139 #
2013/0072(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 141 #
2013/0072(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 146 #
2013/0072(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) The service providers should ensure that PRMs and people with disabilities have the right at all times to use safety-approved respiratory devices on aircraft free of charge. The Commission should draw up a list of approved medical oxygen equipment in cooperation with the industry and organisations representing people with disabilities and PRMS, taking due account of safety requirements.
Amendment 152 #
2013/0072(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers and should receive a reply within a reasonable time period. Passengers should also have the option to complain about air carriers via out-of-court measures. Member States should provide for well equipped- mediation, where a conflict between the passenger and the airline could be solved. However, since the right to an effective remedy before a tribunal is a fundamental right recognised in Article 47 of the Charter of Fundamental Rights of the European Union, those measures should neither prevent nor hinder passengers' access to courts.
Amendment 153 #
2013/0072(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) If an airport whose annual traffic has more than two million passengers is located within the territorial jurisdiction of the court, competent to deal with a claim founded on this Regulation, the Member State should ensure that the passenger is provided free of charge with assistance of a translator, if necessary, and in case of an oral hearing, an interpreter, in order to initiate the proceedings and participate in it.
Amendment 165 #
2013/0072(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Musical instruments should as far as possible be accepted as baggage within the passenger cabin and, where this is not possible, should where possible be carried under the appropriate conditions in the cargo compartment of the aircraft. Regulation (EC) No 2027/97 should be amended accordingly.
Amendment 214 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Article 1 – paragraph 1 – point 1 – point e
Regulation (EC) No 261/2004/EC
Article 2 – point s
Article 2 – point s
' ticket price' means the full price paid for a ticket andublished in advance and fixing the final amount to be paid, including the air fare, and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket;
Amendment 303 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
five hours or more after the scheduled or a short flight where an alternatimve of arrival for all intra-Community journeys and for journeys to/from third countries of 3500 kilometres or lesstravel for the same destination by train, bus or waterway transport of not more than five hours is scheduled;
Amendment 314 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 324 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 331 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 261/2004
Article 6 – paragraph 2 a (new)</
Article 6 – paragraph 2 a (new)</
In Article 6(2) the following paragraph shall be inserted: (a) An intermodal ticket shall entirely fall under the compensation rules of this Regulation.
Amendment 384 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b – introductory part
Article 1 – paragraph 1 – point 7 – point b – introductory part
Regulation (EC) No 261/2004
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) Paragraphs 2, 3 and 4 are replaced by the following: for all flights 60,- € for one hour delay and 10,- € for each further 10 minutes delay; for medium flights 200,- € and for long flights 300,- € in addition, to compensate passenger's inconvenience shall be reimbursed; in case of extraordinary circumstances, at least 25% of the ticket price for hour delay and 50 % for two hours shall be paid.
Amendment 427 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Regulation (EC) No 261/2004
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 454 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 261/2004
Article 14 – paragraph 3
Article 14 – paragraph 3
In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means and in the appropriate formats.
Amendment 466 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
In Article 14, the following paragraph shall be inserted: 7a. The service provider shall provide easy access to accurate and objective information detailing the environmental (including climate) impact and energy efficiency of their travel, which must be clearly visible both on the websites of air carriers, tour operators and on tickets themselves; the Commission shall support on-going work in this direction.
Amendment 469 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 261/2004
Article 16 a (new)
Article 16 a (new)
The following Article 16a shall be inserted: The Member States shall provide for well- equipped, free of charge and independent mediation bodies to assist in finding solutions in case of conflicts between the passengers and the airlines and service providers of other transport modes.
Amendment 493 #
2013/0072(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EC) No 261/2004
Article 16a – paragraph 3
Article 16a – paragraph 3
In accordance with relevant EU and national law, each Member State shall designate a national body or bodies, such as well-equipped, free of charge and independent mediation bodies, responsible for the out-of-court resolution of disputes between air carriers and passengers with regard to the rights covered by this Regulation.
Amendment 561 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004/EC
Annex 1 – paragraph 1 – introductory part
Annex 1 – paragraph 1 – introductory part
Amendment 563 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex I – paragraph 1 – point ii
Annex I – paragraph 1 – point ii
Amendment 580 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 1 – point v
Annex 1 – paragraph 1 – point v
Amendment 588 #
2013/0072(COD)
Proposal for a regulation
Annex 1
Annex 1
Regulation (EC) No 261/2004
Annex 1 – paragraph 2
Annex 1 – paragraph 2
Amendment 596 #
2013/0072(COD)
Proposal for a regulation
Annex 2
Annex 2
Regulation (EC) No 2027/97
Annex 2
Annex 2
TIME LIMIT FOR COMPLAINTS ON BAGGAGE If the baggage is damaged, delayed, lost or destroyed, the passenger must in all cases write and complain to the air carrier as soon as possible. A time limit to complain of 714 days applies in case the baggage was damaged and 218 days in case it was delayed, in both cases from the date on which the baggage was placed at the passenger's disposal. In order to easily meet these deadlines, the air carrier must offer passengers the possibility to fill in a complaint form at the airport. At airports of more than 2 million passengers a year the complaint form shall be available in other EU languages. Such complaint form, which may also take the form of a Property Irregularity Report (PIR), must be accepted by the air carrier at the airport as a complaint.
Amendment 109 #
2013/0028(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Regulation (EC) No 1370/2007 is amended as follows, without prejudice to Union law on public procurement [Directive..., yet to be published]:
Amendment 22 #
2013/0025(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Massive flows of dirtyillicit money can damage the stability and reputation of the financial sector and threaten the single market as well as international development, and terrorism shakes the very foundations of our society. Crucial facilitators of illicit money flows are often complex corporate structures operating in and through secrecy jurisdiction, often also referred to as tax havens. In addition to the criminal law approach, a preventive effort via the financial system can produce results.
Amendment 24 #
2013/0025(COD)
Proposal for a directive
Recital 10
Recital 10
(10) There is a need to identify any natural person who exercises ownership or control over a legal person. While finding a percentage shareholding will not automatically result in finding the beneficial owner, it is an evidential factor to be taken into accountcan be an aide to the identification of the beneficial owner. Identification and verification of beneficial owners should, where relevant, extend to legal entities that own other legal entities, and should follow the chain of ownership until the natural person who exercises ownership or control of the legal person that is the customer is found.
Amendment 26 #
2013/0025(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The need for accurate and up-to-date information on the beneficial owner of legal persons, mutual societies, trusts, foundations, holdings and all other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind a corporate structure. Member States should therefore ensure that companies retain information on their beneficial ownership and makeensure that this information available to competent authorities and obliged entitiesis made publicly available in form of a public registry. In addition, trustees should declare their status to obliged entities.
Amendment 27 #
2013/0025(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Underpinning the risk-based approach is a need for the Member States and the European Union to identify, understand and mitigate the money laundering and terrorist financing risks it faces. The importance of a supra-national approach to risk identification has been recognised at international level, and the European Supervisory Authority (European Banking Authority) (hereinafter ‘EBA’), established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC ; the European Supervisory Authority (European Insurance and Occupational Pensions Authority) (hereinafter ‘EIOPA’), established by Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC ; and the European Supervisory Authority (European Securities and Markets Authority) (hereinafter ‘ESMA’), established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC , should be tasked with issuing an opinion on the risks affecting the financial sector.
Amendment 28 #
2013/0025(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to better understand and mitigate risks at European Union level, Member Statesthe Commission should share the results of their risk assessments with each other, the Commission and EBA, EIOPA and ESMA, where appropriate.
Amendment 29 #
2013/0025(COD)
Proposal for a directive
Recital 21
Recital 21
(21) This is particularly true of business or beneficial relationships, with individuals holding, positions within mutual societies, foundations and trusts or having held, important public positions, particularly those from countries where corruption is widespread, within the Union and internationally. Such relationships may expose the financial sector in particular to significant reputational and legal risks. The international effort to combat corruption also justifies the need to pay special attention to such cases and to apply appropriate enhanced customer due diligence measures in respect of persons who hold or have held prominent functions domestically or abroad and senior figures in international organisations.
Amendment 30 #
2013/0025(COD)
Proposal for a directive
Recital 29
Recital 29
(29) There have been a number of cases of employewhistle-blowers, employees and representatives who report their suspicions of money laundering being subjected to threats or hostile action. Although this Directive cannot interfere with Member States' judicial procedures, this is a crucial issue for the effectiveness of the anti- money laundering and anti-terrorist financing system. Member States should be aware of this problem and should do whatever they can to protect employewhistle- blowers, employees and representatives from such threats or hostile action.
Amendment 31 #
2013/0025(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Certain aspects of the implementation of this Directive involve the collection, analysis, storage and sharing of data. The processing of personal data should be permitted in order to comply with the obligations laid down in this Directive, including carrying out of customer due diligence, on-going monitoring, investigation and reporting of unusual and suspicious transactions, identification of the beneficial owner of a legal person or legal arrangement, sharing of information by competent authorities and sharing of information by financial institutions. The personal data collected should be limited to what is strictly necessary for the purpose of complying with the requirements of this Directive and not further processed in a way inconsistent with Directive 95/46/EC. In particular, further processing of personal data for commercial purposes should be strictly prohibited.
Amendment 32 #
2013/0025(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Feedback should, where practicable, be made available to obliged entities on the usefulness and follow-up of the suspicious transactions reports they present. To make this possible, and to be able to review the effectiveness of their systems to combat money laundering and terrorist financing Member States should keep and improve the relevant statistics. To further enhance the quality and consistency of the statistical data collected at Union level, the Commission should keep track of the EU- wide situation with respect to the fight against money laundering and terrorist financing and publish regular overviews. Particularly the Commission should keep track of the use and involvement of 200 and 500 EUR notes in money laundering and terrorist financing. The Commission should assess the relevance of these notes for on the one hand money supply of the real economy and for on the other hand illicit activities and if 200 and 500 EUR notes facilitate money laundering and terrorist financing. The assessment has to be carried out within 2 years from the date of entry into force of this directive.
Amendment 33 #
2013/0025(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) To be able to review the effectiveness of their systems to combat money laundering and terrorist financing, Member States should keep and improve the relevant statistics. To further enhance the quality and consistency of the statistical data collected at Union level, the Commission should keep track of the EU-wide situation with respect to the fight against money laundering and terrorist financing and publish regular overviews.
Amendment 44 #
2013/0025(COD)
Proposal for a directive
Article 5 – paragraphs 1 a and 1 b (new)
Article 5 – paragraphs 1 a and 1 b (new)
Amendment 45 #
2013/0025(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Amendment 46 #
2013/0025(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraphs 1 a, 1 b and 1 c (new)
Article 6 – paragraph 1 – subparagraphs 1 a, 1 b and 1 c (new)
The Commission shall ensure that national AML/CFT legislations of the Member States adopted on the basis of the present directive are effectively consistent with the European legal framework and implemented. For the application of paragraph 1, the Commission will be assisted by a Committee on the Prevention of Money Laundering and Terrorism Financing and, where applicable, by the European Supervisory Authorities and other European competent authorities. Evaluations of national AML/CTF legislations intended at paragraph 1 are made without prejudice of those conducted by the Financial Action Task Force or the FATF Style Regional Bodies.
Amendment 47 #
2013/0025(COD)
Proposal for a directive
Article 6 – paragraphs 1 a, 1 b, 1 c, 1 d and 1 e (new)
Article 6 – paragraphs 1 a, 1 b, 1 c, 1 d and 1 e (new)
1a. The Member States shall endorse in their national AML/TF regimes all the lists of countries published by FATF which are directly applicable in national law. 1b. The Member States shall be able to apply appropriate countermeasures when called upon to do so by the FATF. Such countermeasures have to be effective and proportionate to the risks and include at least one of the measures set out in Annex [IV]. 1c. The Member States shall require from their financial institutions to apply enhanced due diligence measures with natural and legal persons, and financial institutions from the abovementioned countries in paragraph 1. The type of enhanced due diligence measures applied should be effective and proportionate to the risks and include one of the measures set out in Annex [V] 1d. The Member States are free to implement the requirements stated in paragraph 2 and 3 of this article even in absence of any call by FATF to do so towards third countries. In such case, Member States concerned shall inform the ESAs and the Commission of the identity of that third country, and the nature of countermeasure(s) taken. In those cases, the actions taken by Member States should be considered as of public order. 1e. The Committee on the Prevention of Money Laundering and Terrorist Financing shall ensure a minimum level of coordination of the actions taken by Member States on the enhanced due diligence measures and countermeasures they adopt towards countries mentioned at paragraph 1.
Amendment 48 #
2013/0025(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall make the opinion available to assist Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing. : - keep the assessment up to date, - make the results of its risk assessment publicly available to Member States and obliged entities to identify, manage and mitigate the risk of money laundering and terrorist financing, and to allow other stakeholders including legislators to better understand the financial risks, - make appropriate information available to obliged entities to carry out their own money laundering and terrorist financing risk assessments. The Commission shall be assisted by the Committee on the Prevention of Money Laundering and Terrorist Financing, hereinafter referred to as 'the Committee'. The Committee shall be a committee within the meaning of Regulation EU 182/2011. Where high risks are identified at European level by the Commission, the Member States AML/CFT regimes shall address these high risks. Without prejudice to any other measures taken at national level by Member States to manage and mitigate these risks, the Commission could prescribe to Member States to take enhanced due diligence to manage and mitigate risks. Member States shall ensure that financial institutions and Designated Non- Financial Businesses and Professions take into account these enhanced due diligence measures to carry out and manage their own money laundering and terrorist financing risk assessments. For the application of the above sub paragraph, the Commission shall ensure that Member States have effectively taken into account its risk assessment in their national AML/FT legislation.
Amendment 54 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Member States shall ensure that corporate or legal entities established within their territory obtain and hold adequate, accurate and current information on their beneficial ownership., including mutual societies, trusts, foundations, holdings and all other similar, in terms of structure or function, existing or future legal arrangements established within their territory, or governed under their law obtain, hold and transmit to a public registry pursuant to paragraph 4 of this article, adequate, accurate and current information on their beneficial ownership, at the moment of establishment or any changes thereof. The public registry shall contain but not be limited to the following information: a) name and legal form of the corporate or legal entity, b) address c) basic regulatory powers d) list of directors e) shareholder information including names, dates of birth and addresses, the number of shares per shareholder, and categories of shares The requirements stipulated in this paragraph are without prejudice to the customer due diligence provisions of this directive
Amendment 55 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Regarding trusts or other types of legal entity and arrangements with a similar structure and function of trusts, the information shall also include the identity of the settlor, of the trustee(s), of the protector (if relevant), of the beneficiaries or class of beneficiaries, and of any other natural person exercising effective control over the trust. Member States shall ensure that the information referred to in paragraph 1 of this Article can be accessed in a timely manner by competent authorities and by obliged entities.
Amendment 57 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member States shall ensure that trustees disclose their status to obliged entities when, as a trustee, the trustee forms a business relationship or carries out an occasional transaction above the threshold set out in points (b), (c) and (d) of Article 10.
Amendment 58 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2 b (new)
Article 29 – paragraph 2 b (new)
2b. Member States shall ensure that the information referred to paragraphs 1,2,3, of this article is displayed in a public beneficial ownership registry in a timely, comprehensive and comprehensible manner before end of 2014. Any changes to the information required shall be clearly indicated in the registry without delay and at latest within 30 days.
Amendment 59 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2 c (new)
Article 29 – paragraph 2 c (new)
2c. For the purposes of this article, Member States shall establish effective anti-abuse measures with view to preventing misuse based on bearer shares and bearer share warrants.
Amendment 60 #
2013/0025(COD)
Proposal for a directive
Article 29 – paragraph 2 d (new)
Article 29 – paragraph 2 d (new)
2d. Sanctions for non-compliance with this article shall be applied in accordance with article 55 of this directive.
Amendment 61 #
2013/0025(COD)
Proposal for a directive
Article 30
Article 30
Amendment 62 #
2013/0025(COD)
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The FIU shall be established as a central national unit. It shall be responsible for receiving (and to the extent permitted, requesting), analysing and disseminating to the competent authorities, disclosures of information which concern potential money laundering or associated predicate offences, potential terrorist financing or are required by national legislation or regulation. The FIU shall be provided with adequate financial, technical and human resources in order to fulfil its tasks. Member states shall ensure that the FIU is free from undue interference.
Amendment 64 #
2013/0025(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Member States shall take all appropriate measures in order to protect employees of the obliged entity who report suspicions of money laundering or terrorist financing either internally or to the FIU from being exposed to threats or hostile action. EBA, EIOPA, ESMA and the FIU shall provide one or more secure communication channel for persons to report suspicions of laundering or terrorist financing. Such channels shall ensure that the identity of persons providing information is known only to EBA; EIOPA, ESMA or the FIU
Amendment 66 #
2013/0025(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
Member States shall require that their obliged entities have systems in place that enable them to respond fully and rapidly to enquiries from the FIU, or from other authorities, in accordance withwhere the legislation of the third country does not permit customer due diligence obligations and the application of the measures required under the first subparagraph of paragraph 1, that obliged entities must ensure that branches, subsidiaries and majority-owned companies in this their national law, as to whether they maintain or have maintained during the previous five years a business relationship with specified natural or legal persons and on the nature of that relationshipd country do not establish or continue business relationships and do not undertake transactions. Insofar as a business relationship already exists, the obliged entity must ensure that such relationship is terminated by cancelling the business contract or any other effective measure.
Amendment 67 #
2013/0025(COD)
Proposal for a directive
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Member States shall require that, where the legislation of the third country does not permit customer due diligence obligations and the application of the measures required under the first subparagraph of paragraph 1, obliged entities take additional measures to effectively handle the risk of money laundering or terrorist financing, and inform their home supervisors. If the additional measures are not sufficient, competent authorities in the home country shall consider additional supervisory actions, including, as appropriate, requesting the financial group to close down its operations in the host countrymust ensure that branches, subsidiaries, outsourced activities and majority-owned companies in this third country do not establish or continue business relationships and do not undertake transactions. Insofar as a business relationship already exists, the obliged entity must ensure that such relationship is terminated by cancelling the business contract or any other effective measure.
Amendment 68 #
2013/0025(COD)
Proposal for a directive
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
1a. Member States shall require that obliged entities appoint the member(s) of the management body who are responsible for the implementation of the laws, regulations and administrative provisions necessary to comply with this Directive.
Amendment 69 #
2013/0025(COD)
Proposal for a directive
Article 47 – paragraph 1
Article 47 – paragraph 1
Amendment 70 #
2013/0025(COD)
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
The Commission may lend such assistance as may be needed to facilitate coordination, including the exchange of information between FIUs within the Union. It mayshall regularly convene meetings with representatives from Member States' FIUs, EBA, EIOPA and ESMA to facilitate co- operation and to exchange views on co- operation related issues.
Amendment 71 #
2013/0025(COD)
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Member States shall ensure that obliged entities and any legal entity pursuant to Article 29, can be held liable for breaches of the national provisions adopted pursuant to this Directive.
Amendment 72 #
2013/0025(COD)
Proposal for a directive
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Without prejudice to the right of Member States to impose criminal penalties, Member States shall ensure that competent authorities may take appropriate administrative measures and impose administrative sanctions where obliged entities, or any legal entity pursuant to Article 29, breach the national provisions, adopted in the implementation of this Directive, and shall ensure that they are applied. Those measures and sanctions shall be effective, proportionate and dissuasive.
Amendment 73 #
2013/0025(COD)
Proposal for a directive
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. This Article shall at least apply to situations where obliged entities, or any legal entity defined pursuant to Article 29, demonstrate systematic failings in relation to the requirements of the following Articles:.
Amendment 75 #
2013/0025(COD)
Proposal for a directive
Article 58 a (new)
Article 58 a (new)
Article 58a Delegated Powers 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 5a(1) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 62. 3. The delegation of power referred to in Article 5a(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of that decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 5a(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 76 #
2013/0025(COD)
Proposal for a directive
Annex III a (new)
Annex III a (new)
Amendment 77 #
2013/0025(COD)
Proposal for a directive
Annex III b (new)
Annex III b (new)
Annex IIIb The following are type of enhanced due diligence measures that Member States should at least apply for the application of [article x para 3] Obtaining additional information on the customer (e.g. occupation, volume of assets, information available through public databases, internet, etc.), and updating more regularly the identification data of customer and beneficial owner. Obtaining additional information on the intended nature of the business relationship. Obtaining information on the source of funds or source of wealth of the customer. Obtaining information on the reasons for intended or performed transactions. Obtaining the approval of senior management to commence or continue the business relationship. Conducting enhanced monitoring of the business relationship, by increasing the number and timing of controls applied, and selecting patterns of transactions that need further examination. Requiring the first payment to be carried out through an account in the customer's name with a bank subject to similar CDD standards.
Amendment 12 #
2013/0024(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Flows of dirty money through transfers of funds can damage theMassive flows of illicit money damage the structure, stability and reputation of the financial sector and threaten the internal market. Terrorism shakes the very foundations of our societysingle market as well as international development, and terrorism shakes the very foundations of our society. Crucial facilitators of illicit money flows are complex corporate structures operating in and through secrecy jurisdiction, often also referred to as tax havens. The soundness, integrity and stability of the system of transfers of funds and confidence in the financial system as a whole could beis being seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to transfer funds for terrorist purposes.
Amendment 13 #
2013/0024(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The full traceability of transfers of funds can be a particularly important and valuable tool in the prevention, investigation and detection of money laundering or terrorist financing. It is therefore appropriate, in order to ensure the transmission of information throughout the payment chain channelled through the financial system, to provide for a system imposing the obligation on payment service providers to have transfers of funds accompanied by information on the payer and the payeereport identity information on transfer of funds conceded on behalf of their clients, and to have transfers of funds accompanied by information to the competent authorities on the payer and the payee to prevent their financial services being misused for money laundering and terrorist financing.
Amendment 15 #
2013/0024(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) For transfers of funds from a single payer to several payees to be sent in an inexpensive way in batch files containing individual transfers from the Union to outside the Union, provision should be made for such individual transfers to carry only the account number of the payer or his unique transaction identifier provided that complete information on the payer and the payee is contained in the batch file.
Amendment 16 #
2013/0024(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to check whether the required information on the payer and the payee accompanies transfers of funds, and to help to identify suspicious transactions, the payment service provider of the payee and the intermediary payment service provider should have effective procedures in place in order to detect whether information on the payer and the payee is missing. or incomplete. This in particular if numeral payment services are involved to improve the traceability of transfers of funds
Amendment 17 #
2013/0024(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Owing to the potential terrorist financing threat posed by anonymous transfers, it is appropriate to require payment service providers to request information on the payer and the payee. In line with the risk based approach developed by FATF, it is appropriate to identify areas of higher and lower risk with a view to better targeting money laundering and terrorist financing risks. Accordingly, the payment service provider of the payee and the intermediary service provider should establish effective risk- based procedures and individually assess and evaluate risks for cases where a transfer of funds lacks or are incomplete regarding the information on the required payer and payee information, in order to decide whether to execute, reject or suspend that transfer and what appropriate anti-abuse measures with view to preventing misuse and which follow-up action to take. Where the payment service provider of the payer is established outside the territory of the Union, enhanced customer due diligence should be applied, in accordance with Directive [xxxx/yyyy], in respect of cross-border correspondent banking relationships with that payment service provider.
Amendment 18 #
2013/0024(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The provisions on transfers of funds where information on the payer or the payee is missing or incomplete apply without prejudice to any obligations on payment service providers and the intermediary payment service providers to suspend and/or reject transfers of funds which violate provisions of civil, administrative or criminal law. The need for identity information on payer or the payee of individuals, legal persons, trusts, foundations, mutual societies, holdings and other similar existing or future legal arrangements is a key factor in tracing criminals who might otherwise hide their identity behind corporate structure.
Amendment 19 #
2013/0024(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – introductory part
Article 3 – paragraph 2 – subparagraph 1 – introductory part
This Regulation shall not apply to transfers of funds carried out using a credit or debit card, or a mobile telephone or any other digital or information technology (IT) prepaid or post-paid device, where the following conditions are fulfilled:
Amendment 20 #
2013/0024(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the payer's account number, where such an account is used to process the transfer of funds, or a unique transaction identifier where no such account is used for that purpose;
Amendment 21 #
2013/0024(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Before transferring the funds, the payment service provider of the payer shall verify the accuracy of the complete information referred in paragraph 1 on the basis of documents, data or information obtained from a reliable and independent source.
Amendment 23 #
2013/0024(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, only thethe identity and account number of the payer and payee or his/hers unique transaction identifier shall be provided at the time of the transfer of funds.
Amendment 24 #
2013/0024(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In the case of batch file transfers from a single payer where the payment service providers of the payees are established outside the Union, Article 4(1) and (2) shall not apply to the individual transfers bundled together therein, provided that the batch file contains the information referred to in that Article and that the individual transfers carry the identity and the account number of the payer or his/hers unique transaction identifier.
Amendment 26 #
2013/0024(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The payment service provider of the payee shall detect whether the fields relating to the information on the payer and the payee in the messaging system or the payment and settlement system used to effect the transfer of funds, have been filled in using the characters or inputs admissible to the internal risk-based established anti-abuse procedures within the conventions of that system.
Amendment 28 #
2013/0024(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
If the payment service provider of the payee becomes aware, when receiving transfers of funds, that information on the payer and the payee required under Articles 4(1) and (2), 5(1) and 6 is missing or incomplete and has not been completed, it shall either reject the transfer orand ask for complete information on the payer and the payee.
Amendment 29 #
2013/0024(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The payment service provider of the payee shall according to the payment service providers risk-based procedures consider missing or incomplete information on the payer and the payee as a factor in assessing whether the transfer of funds, or any related transaction, is suspicious, and whether it must be reported to the Financial Intelligence Unit.
Amendment 30 #
2013/0024(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The intermediary payment service provider shall have effective procedures in place in order to detect whether the following information on the payer and the payee is missing or incomplete:
Amendment 31 #
2013/0024(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Cooperation obligations Cooperation obligations and Equivalence
Amendment 32 #
2013/0024(COD)
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Payment service providers established in the Union shall apply this regulation with regard to their subsidiaries and branches operating in jurisdictions outside the Union that are not deemed equivalent. The Commission shall by means of delegated acts in accordance with Article 22a adopt decisions on the recognition of the legal and supervisory framework of jurisdictions outside the Union as equivalent to the requirements of this Regulation.
Amendment 33 #
2013/0024(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
The payment service provider of the payer and the payment service provider of the payee shall keep records of the information referred to in Articles 4, 5, 6 and 7 for five years. In the cases referred to in Article 14(2) and (3), the intermediary payment service provider must keep records of all information received for five years. Upon expiry of this period, personal data must be deleted, unless otherwise provided for by national law, which shall determine under which circumstances payment service providers may or shall further retain data. Member States may allow or require further retention only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period following carrying-out of the transfer of funds shall not exceed ten years, and the storage of personal data shall comply with the General Data Protection Regulation [yyyy/xxxx].
Amendment 34 #
2013/0024(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) repeated non-inclusion of required information on the payer and payee by a payment service provider, in breach of Articles 4, 5 and 6;
Amendment 35 #
2013/0024(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 36 #
2013/0024(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 37 #
2013/0024(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) appropriate protection for whistle- blowers and persons who report potential or actual breaches;
Amendment 38 #
2013/0024(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The payment service providers in cooperation with the competent authorities shall establish appropriateinternal procedures for their employees to report breaches internally through a specificure channel.
Amendment 39 #
2013/0024(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
Article 22 a Exercise of a delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 15(1a) shall be conferred on the Commission for an indeterminate period of time from the date referred to in Article 26. 3. The delegation of power referred to in Article 15(1a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of that decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 15(1a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 40 #
2013/0024(COD)
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Amendment 9 #
2012/2323(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
(4a) Emphasises that delegated and implementing acts should be limited to issues of purely technical and/or administrative nature: political topics should be reserved to a democratic and transparent co-decision procedure, accessible to the European citizen;
Amendment 13 #
2012/2323(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
(4b) Urges the Commission to propose a set of precise interinstutional criteria for the use of delegated and implementing acts, including revision mechanisms, and based on the various stages of decision making that lead these acts;
Amendment 19 #
2012/2323(INI)
Motion for a resolution
Paragraph 1 – indent 15
Paragraph 1 – indent 15
- Measures implying temporary deviation from the rules established by the basic act to be applied in a specific situation, under specific clearly defined conditions and for a limited period of time do not amend or supplement the basic act. They should therefore be adopted by means of implementing acts. However, when those measures imply a more permanent deviation from the rules established in the basic act, going beyond a limited period of time, they should be adopted by means of delegated actsshould be adopted by means of delegated acts, where the basic act is adopted in the ordinary legislative procedure.
Amendment 2 #
2012/2322(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that efficient regulation of the online gambling sector should, in particular: – channel the playing instinct of the population by restricting advertising to the level that is strictly necessary in order to direct potential gamblers to the legal provision of services, and by requiring all advertising for online gambling to be systematically coupled with a message warning against excessive or pathological gambling, – combat the illegal gambling sector by strengthening technical and legal instruments for the identification and sanctioning of illegal operators, and by promoting the legal provision of high- quality gambling services, and – guarantee effective protection for gamblers, with special attention being paid to vulnerable groups, in particular young people;
Amendment 2 #
2012/2299(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas aviation plays an increasing role in global climate change;
Amendment 5 #
2012/2299(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that there has been important progress in defining and implementing Union mechanisms and systems such as the Single European Sky (SES), the clean sky initiative, the SES Air Traffic Management Research (SESAR), the European Aviation Safety Agency (EASA) and the Global Navigation Satellite System (GNSS) to enhance safety and meet passenger requirements;
Amendment 12 #
2012/2299(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that some of the requests in Parliament's 2006 resolution are still to be met; emphasises, in particular, the need to promote high international safety and security standards in order to reduce the effects on the climate and environment, ensure equal treatment of Union and non- Union air carriers, and promote social rights;
Amendment 19 #
2012/2299(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the importance of airport hubs and the urgent need for investments more efficient use of existing airport infrastructure;
Amendment 25 #
2012/2299(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 27 #
2012/2299(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission and the Member States to boost fair and efficient systems of ETS, VAT on flight tickets and kerosene taxation and to earmark revenues for an international fund in favour of climate protection measures in the developing countries;
Amendment 28 #
2012/2299(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to conduct an easily accessible overview of studyies of the Members States' disparate air travel fees, duties, levies and taxes and their impact on ticket prices and airlines' profits;
Amendment 32 #
2012/2299(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes the view that the External Aviation Policy should be based on thefully respect principles of reciprocity, including market access and economic reciprocity within EU-US agreements, openness and fair competition, with a level playing field, and should have two main objectives: to benefit consumers and to support EU airlines and airports in their efforts to preserve their position as world leaders;
Amendment 38 #
2012/2299(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to propose an urgent revision or replacement of Regulation 2004/868/EC concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers as well as to alternative sustainable transport modes;
Amendment 48 #
2012/2299(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to complete a fair agreement with the Russian Federation regarding the modernisation of the existing system of utilisation of Trans-Siberian Routes and the full application of the reciprocity principle in this regard;
Amendment 56 #
2012/2299(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Considers that the International Civil Aviation Organisation (ICAO) has an important role to play in developing regulatory frameworks for the global aviation sector, for example in the liberalisation of ownership and control of airlines; encourages the ICAO to continue to develop global, market-based measures to limit greenhouse gas emissionreduce noise at airports and limit all relevant greenhouse gas emissions, such as CO2, NOx, sulphur and vapour contrails; believes that an agreement within ICAO on a global approach should be reached as soon as possible;
Amendment 13 #
2012/2296(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that whilst the protection of an individual's personal data, and data protection in general, is of paramount importance and that any new measures taken should be subject to EU data protection legislation and in particular to Directive 95/46/EC, this should be no obstacle to the interoperability of systems;
Amendment 19 #
2012/2296(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Agrees with the Commission that the current EETS system has been a failure,Directive 2004/52/EC has not lead to the expected development of an interoperable European electronic road toll systems between member states and emphasises that drastic action is needed in order to create an interoperable EETSch this aim; believes that the Commission should draw up proposals for a regulationconsider a wide range of measures, including legislative proposals in the area of interoperability as soon as possible so as to oblige all stakeholders to advance the EETS project; regrets the fact that Member States have on the whole shown little interest in developing the EETS; regrets that the Commission is not taking more measures to pursue enforcement of EU legislation;
Amendment 23 #
2012/2296(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Agrees with the Commission that demand exists for an interoperable solution in the area of electronic road charging, but believes that a regulation ismeasures are needed to make stakeholders implement such a systems, since the remuneration alone from an interoperable system is not sufficiently attractive for certain manufacturers of road charging equipment or certain road operators; furthermore, it is important to intensify and develop measures without automatically supporting one particular technology;
Amendment 26 #
2012/2296(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
(5a) The Commission should adopt a 'technologically neutral' approach in view of - different aims being primarily pursued through the introduction of different kind of toll systems (pollution, congestion, construction reimbursement etc), - further development and availability of technology, - cost factors and tactical investment considerations in which technology to invest with what aims, - regional development of interoperability;
Amendment 29 #
2012/2296(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the Commission's plans to proceed with regionalisation are not satisfactory, andcan be one possible solution, but considers that more wide- ranging measures are needed to bring the EETS to fruition on an EU-wide level; believes that the regionalisation of interoperability serves only to delay the introduction of a full EU-wide systemtherefore calls on the Commission to continue studying the available options in detail and give an overview of available research and studies on which to base their further actions, not later than December 2013;
Amendment 34 #
2012/2296(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to undertake without delay a comprehensive study to establish the most likely method ofset up an easily accessible overview of existing studies in order to facilitate supporting initiatives for road charging in the medium to long term, including charging for road use via technologies such as GPS, which may remove the need for physical tolling in the first place; believes that the Commission must take great care in drawing up such a studyn overview to ensure that consumers would at all times be made aware of the cost of theand benefits of the different systems, in particular tolls being levied to an electronic device such as their GPS system or toll tag;
Amendment 37 #
2012/2296(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. BDoes not believes that there is no will for an EETS on the part of industry stakeholders, namely toll service providers, road concessions and manufacturers of electronic ‘tags’ and associated equipment, and that a regulation is therefore needed to forctherefore supporting measures should be introduced by the Commission to enable stakeholders to come together and create an efficient road charging experience for the end user, particularly in the context of more widespreadbetter use of road charging in the future;
Amendment 49 #
2012/2296(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that the Commission must make it mandatory for time-based systems to offer aroad users various pro-rata charging structure, such as daily, weekly, monthly and yearly charging structure to road useroptions, with the possibility of purchasing a vignette up to 30 days in advance of the road use and on a pro-rata basis, but allowing for a clearly defined, clearly stating the amount that is charged as administrative fee;
Amendment 56 #
2012/2296(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 1 #
2012/2262(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. WelcomNotes the Commission's conclusion that the Directive is working satisfactorily6 , and acknowledges the conclusions of the External Study that the Directive has improved the functioning of the market of corporate control7 , thus achieving its objectives8 . Notices, however, with concern the dissatisfaction of employees' representatives expressed in the External Study when it comes to the protection of employees' rights, and calls on the Commission to take the necessary steps to better tackle these issues;
Amendment 2 #
2012/2262(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Respects the competence of the Member States to introduce additional measures which go beyond the requirements of the Directive, as long as the general objectives of the Directive are observed, but emphasises that the Member States should refrain from introducing measures protecting the target company against takeover bids from either Member States or non-EU Member States;
Amendment 3 #
2012/2262(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the board neutrality rule relating to post-bid defences has been transposed by the majority of Member States, while only a very limited number of Member States has transposed the breakthrough rule which neutralises pre- bid defences; understands that both pre-bid (e.g. pyramid structures or golden shares) and post-bid defences (e.g. white knight or debt increase) still exist in the Member States but are rarely used with success, and that at the same time there seem to be sufficient means to break through such defensive mechanisms; takes the view, therefore, that there is no need for a regulatory change with regard to the optional nature of the board neutrality rule in the Directivehowever, that it should be clarified that the board of the offeree company should take into account and act in the interest of the long-term sustainability of the company and its stakeholders;
Amendment 4 #
2012/2262(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that the Directive merely foresees that employees are provided with information, in particular with regard to the offeror's intentions on the future of the target company and the future plans concerning jobs, including any material changes to employment conditions, but that no right to consultation is foreseen;
Amendment 5 #
2012/2262(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Insists that a complete rethinking of the provisions on workers' rights is urgently needed, with a view to bring the Directive in line with the rest of the Union acquis, including Directive 2001/23/ EC and Directive 2002/14/ EC;
Amendment 6 #
2012/2262(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notices; however, with concern the dissatisfaction of employees' representatives expressed in the External Study when it comes to the protection of employees' rights, and calls on the Commission to enhance the dialogue with the employee representatives on how pressing issues can be better tackled; iInsists that the relevant provisions of the Directive on the right to be informed on timeworkers' rights are to be effectively applied and, where necessary, properly enforced;
Amendment 3 #
2012/2198(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Demands that the European Commission scrutinise and prohibit possible conflicts of interest when the Agency hires experts and staff from the sector it supervises;
Amendment 2 #
2012/2194(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes into account the European Court of Auditors Special report 15/2012 on management of conflict of interest in selected EU Agencies published in October 2012; welcomes, in this regard, the Agency's decision of 1 August 2012 to amend the Code of Conduct for its staff to include a comprehensive policy on the prevention and mitigation of conflict of interest, and will closely monitor the progress made; notes that the Agency's managers, sensitive posts and Members of the Executive Committee have already completed their annual declarations of interest; calls on the European Commission to scrutinise and prohibit possible conflicts of interest when the Agency hires experts and staff from the sector it supervises;
Amendment 1 #
2012/2193(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Demands that the European Commission scrutinise and prohibit possible conflicts of interest when the Agency hires experts and staff from the sector it supervises;
Amendment 66 #
2012/2137(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the vasTibet aAutonomous provinces of TibetRegion and other Tibetan autonomous areas, and the Xinjiang are vital for the PRC from the viewpoint of ‘unity of the countUyghur Autonomous Region have become important territories for China's regional, military’ and because of their great strategic, military and economic importanceonomic ambitions and therefore are seen as core issues of 'territorial integrity' by the current Chinese Government;
Amendment 72 #
2012/2137(INI)
Motion for a resolution
Recital I d (new)
Recital I d (new)
Id. whereas as of 1st September 2012, 52 Tibetans have self-immolated in Tibetan populated areas of the People's Republic of China, including the Tibet Autonomous Region (TAR) and Tibetan Autonomous Areas within the Gansu, Sichuan and Qinghai provinces ;
Amendment 201 #
2012/2137(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Admires the courage and the social responsibility of numerous Chinese citizens for defending precious social rights in their country, but denounces the tragic state of affairs whereby several of them are being officially persecuted and punished for their efforts toactivism of those Chinese citizens acting in socially responsible ways to promote and defend universally recognized human rights, and to challenge and correct well- known social dangers/criminal acts by Chinese officials, such as corruption, abuse of office, environmental damage, AIDS infection, food poisoning, construction fraud concerning schools, and illegal land and property expropriation, often committed by local party authorities; urges the Chinese leadership to encourage civil responsibility for observing social human rights and to rehabilitate officially persecuted and punished defenders of these right; denounces all incidences of official retaliation against these Chinese citizens; alsond expects a responsible Chinese leadership to comply strictly with individudomestic and international human rights law;
Amendment 234 #
2012/2137(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recognises the enormoussignificant efforts made by the Chinese Government to develop Tibet and Xinjiang economically; urges the Chinese Government to act in a politically responsible way by respecting and protecting Tibetan and Uighur traditional cultures and lifestyles; believes that Beijing cannot win the hearts and minds of the and the impact of such efforts on nomad communities and traditional livelihoods; urges the Chinese Government to act in a politically responsible way by meaningfully engaging the Tibetan and Uighur peoples in governance issues, including resource management and economic development priorities, and respecting rather than diluting cultural elements such as language and religion; strongly asserts that the Chinese Government will not achieve lasting stability in Tibet or Xinjiang or comity among Chinese, Tibetan and Uighur peoples by way of through forcible assimillations of surveillance cameras, by systematically curtailing cultural autonomy or repressive police and security methods;
Amendment 246 #
2012/2137(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that, notwithstanding a harsh policy of repression, a religious revival is taking place in China which is demonstrated by the reopening or reconstruction of countless places of worship; urges the Chinese authorities to replace their ineffective policy of controlling religion with one offering realpull back on policies and practices that curtail any citizen's fundamental right to freedom of religion and belief ;
Amendment 4 #
2012/2135(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Takes the view that indigenous methods used by local populations to exploit water resources should be preserved, while innovativlocal knowledge in indigenous methods of water exploitation should be scientifically researched and freely disseminated, while technologies covered by patents should be disseminated in developing countries in order to facilitateshould facilitate innovation in access to water and sanitation.
Amendment 13 #
2012/2098(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls for mechanisms to be put in place whereby CSR principles must be respected not only by the main company but also by the supply chain and any subcontractors which it may use, whether in the supply of goods, workers or services;
Amendment 20 #
2012/2038(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the initiatives taken by third countries to introduce the resale right and calls on the Commission, within the framework of foreign policy, to continue its efforts to make Article 14ter of the Berne Convention mandatory to continue its efforts in multilateral fora to strengthen the European art market's position in the world;
Amendment 2 #
2012/2030(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is of the opinion that a full harmonisation of exceptions and limitations to copyright is a prerequisite for the completion of the digital single market;
Amendment 11 #
2012/2030(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers clear and understandable information for internet users about which personal data is to be gathered, for what purpose and for how long to be essential in strengthening users‘ rights and bolstering their confidence in the internet; emphasises that legal certainty and clarity and a very high level of data protection must be assured when revising the acquis of data protection; welcomes the announcement of a general European strategy on the issue of cloud computing for 2012 and, in particular, expects questions ofn jurisdiction, data protection and areas of responsibility to be clarified in this regard;
Amendment 12 #
2012/2030(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests clarification that internet service providers are obliged to adhere to EU data protection law and EU competition law and to comply with intellectual property rights protectionthe e- Commerce directive1 and the "Telecoms Package"2 when gathering data within the EU, irrespective of where these data are stored and/or processed; __________________ 1 Directive 2000/31/EC of the European Parliament and of the Council of June 8 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market (OJ L 178, 17.7.2000, p.1). 2 Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 (OJ L 337, 18.12.2009, p.11) and Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 (OJ L 337, 18.12.2009, p.37).
Amendment 17 #
2012/2030(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Strongly supports an active campaign to prevent product counterfeiting and product piracy on the Internet;
Amendment 3 #
2012/2024(INI)
Proposal for a recommendation
Annex – Recommendation 3 – indent 4 – paragraph 2
Annex – Recommendation 3 – indent 4 – paragraph 2
The Union's administration shall always act in the Union's interest and for the public good. No action shall be guided by any personal (included financial), family or national interest or by political pressure. The Union's administration shall guarantee a fair balance between different types of citizens' interests (business, consumers and other) when processing experts analyses and consulting interested parties in expert groups and other advisory bodies.
Amendment 4 #
2012/2024(INI)
Proposal for a recommendation
Annex – Recommendation 3 – indent 7 - paragraph 1
Annex – Recommendation 3 – indent 7 - paragraph 1
Principle of transparency: the Union's administration shall document the administrative procedures and keep adequate records of incoming and outgoing mail, documents received and the decisions and measures taken. All contributions from advisory bodies and interested parties should be made available in the public domain.
Amendment 5 #
2012/2024(INI)
Proposal for a recommendation
Annex – Recommendation 3 – indent 7 - paragraph 2
Annex – Recommendation 3 – indent 7 - paragraph 2
Requests for access to documents shall be dealt with in accordance with internal rules and with the general principles and limits laid down in Regulation (EC) No 1049/2001.
Amendment 2 #
2012/2005(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the completion of the SES could lead to considerable economic, safety and environmental savings through greater efficiency;
Amendment 12 #
2012/2005(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Warns that the increase in air traffic means that effects on the environment and climate become even more serious, Europe's airspace is fast approaching its maximum capacity and that thisese problems needs to be urgently addressed;
Amendment 21 #
2012/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls the need to make Europe's airspace as efficient as possible, not only for economic gains but also because of energy and environmental benefits;
Amendment 38 #
2012/2005(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights that the successful implementation of the SES legislation will have a positive and encouraging impact on competition throughout the European Union and worldwide, fostersupporting growth and employment particularly in the aeronautics and aviation industries;
Amendment 49 #
2012/2005(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Remains extremely concerned that the creation of Functional Airspace Blocks (FABs) across Europe are behind schedule, supports therefore strongly the efforts of the coordinator and highlights the importance of political action to reach the objectives;
Amendment 76 #
2012/2005(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes that there needs to be a globally coordinated approach to ensure that the existing and new technologies are interoperable worldwide;
Amendment 81 #
2012/2005(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Supports the public private partnership (PPP) approach as this is a win-win situation for all, working together with incentives and commitment; underlines that profits and losses are equitably and proportionally shared by the respective public and private investors;
Amendment 83 #
2012/2005(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Insists that the implementation of the SES legislation will be highly beneficial to all stakeholders, including reduced user charges to be passed on to the end consumer, i.e. the passenger;
Amendment 84 #
2012/0361(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A ‘Just Culture’ environment should encourage individuals to report safety related information. It should however not absolve individuals from their normal responsibilities. In this context, employees and contracted personnel should not be punished on the basis of information they have provided in application of this Regulation, expeccept in case of gross negligence.
Amendment 86 #
2012/0361(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Employees and contracted personnel should have the possibility to report breaches to the principles delimiting their protection as established by this legislation and should not be penalised for reporting such breaches. Member States should define the consequences for those having infringed the principles of protection of persons involved in the reportering and should adopt penalties when relevant.
Amendment 144 #
2012/0361(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Employees and contracted personnel who report incidents in accordance with Articles 4 and 5 shall not be subject to any prejudice by their employer on the basis of the information they have reported, except in cases of gross negligence.
Amendment 145 #
2012/0361(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Each Member State shall establish a body responsible for the implementation of this Article. Employees can report to this body infringements to the rules established by this Article and shall not be penalised for reporting such infringements. They may copy the Commission when reporting such infringements and/or report them directly to the Commission. Where appropriate, the designated body shall propose to its Member State the adoption of penalties as referred to in Article 21 towards the employer.
Amendment 154 #
2012/0361(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Within five years, the Commission shall publish an evaluation report on the implementation of this regulation. On the basis of this report, the Commission shall if necessary make proposals within one year for amending this regulation.
Amendment 157 #
2012/0361(COD)
Proposal for a regulation
Annex 1 – section 1 – point 1 – point 1.1 – point k a (new)
Annex 1 – section 1 – point 1 – point 1.1 – point k a (new)
ka. Insufficient cross-border communication between different national ATC bodies.
Amendment 158 #
2012/0361(COD)
Proposal for a regulation
Annex 1 – section 1 – point 1 – point 1.1 – point w a (new)
Annex 1 – section 1 – point 1 – point 1.1 – point w a (new)
wa. Abnormal noise.
Amendment 159 #
2012/0361(COD)
Proposal for a regulation
Annex 1 – section 1 – point 1 – point 1.2 – point h a (new)
Annex 1 – section 1 – point 1 – point 1.2 – point h a (new)
ha. Failure of any rescue system or equipment.
Amendment 160 #
2012/0361(COD)
Proposal for a regulation
Annex 1 – section 1 – point 1 – point 1.7 – point d
Annex 1 – section 1 – point 1 – point 1.7 – point d
(d) Crew fatigue considered to have endangered or which might have endangered the aircraft or its occupants on board the aircraft or on the ground. In such case the number of working, flight and rest hours of the crew concerned during the two days before the incident shall be included into the report.
Amendment 161 #
2012/0361(COD)
Proposal for a regulation
Annex 1 – section 1 – point 1 – point 1.7 – point e a (new)
Annex 1 – section 1 – point 1 – point 1.7 – point e a (new)
ea. Any inadequate handling of dangerous and polluting goods.
Amendment 162 #
2012/0361(COD)
Proposal for a regulation
Annex 1 – section 1 – point 4 – point 4.4 – point e a (new)
Annex 1 – section 1 – point 4 – point 4.4 – point e a (new)
ea. Any inadequate handling of dangerous and polluting goods.
Amendment 163 #
2012/0361(COD)
Proposal for a regulation
Annex 1 – section 1 – point 5 – point c a (new)
Annex 1 – section 1 – point 5 – point c a (new)
ca. contaminated air in the cockpit/cabin that can have an impact on the safety of the flight and/or the health of the crew.
Amendment 165 #
2012/0361(COD)
Proposal for a regulation
Annex 3 – part b – point 4 a (new)
Annex 3 – part b – point 4 a (new)
4a. Representative passengers associations.
Amendment 166 #
2012/0361(COD)
Proposal for a regulation
Annex 3 – part b – point 4 b (new)
Annex 3 – part b – point 4 b (new)
4b. Representative associations of inhabitants near to airports.
Amendment 63 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 7
Article 1 – point 7
Regulation (EC) No 1346/2000
Recital 9 a
Recital 9 a
(9a) The scope of this Regulation should extend to proceedings which promote the rescue of an economically viable debtor in order to help sound businesses to survive and give a second chance to entrepreneurs. It should notably extend to proceedings which provide for the restructuring of a debtor at a pre-insolvency stage, proceedings which leave the existing management in place and proceedings providing for a debt discharge of consumers and self-employed persons. Since tThese proceedings do not necessarilyshould entail the appointment of a liquidator, they should be covered by this Regulation if they take place under the control or supervision of a court. In this context, the term “control” should include situations where the court only intervenes on appeal by a creditor or interested party.
Amendment 64 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 1346/2000
Recital 19 a
Recital 19 a
(19a) Secondary proceedings may also hamper the efficient administration of the estate. Therefore, the court opening secondary proceedings should be able, on request of the liquidator, to postpone or refuse the opening if these proceedings are not necessary to protect the interests of local creditors. This should notably be the case if the liquidator, by an undertaking binding on the estate, agrees to treat local creditors as if secondary proceedings had been opened and to apply the rules of ranking of the Member State where the opening of secondary proceedings has been requested when distributing the assets located in that Member State. This Regulation should confer on the liquidator the possibility to give such undertakings and to lay down objective criteria which such undertakings need to meet.
Amendment 66 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
Regulation (EC) No 1346/2000
Article 1 – paragraph 1 – introductory wording
Article 1 – paragraph 1 – introductory wording
1. This Regulation shall apply to collective judicial or administrative proceedings, including interim proceedings, which are based on a law relating to insolvency or adjustment of debt and in which, for the purpose of rescueavoidance of liquidation, adjustment of debt, reorganisation or liquidation,
Amendment 67 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
(b) any credit institutions, including institutions defined in article 2 of Directive 2013/36/EU,
Amendment 68 #
2012/0360(COD)
Proposal for a regulation
Article 1 – point 21
Article 1 – point 21
Regulation (EC) No 1346/2000
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) investment firms to the extent these are covered by Directive 2001/24/EC as amended, and institutions subject to Directive 2011/61/EU,
Amendment 8 #
2012/0328(COD)
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) The aviation sector is expected to further grow in the future. The climate impact of greenhouse gas (GHG) emissions is much larger if emitted in the high atmosphere than close to the ground. The ICAO and the Union should therefore considerably increase their efforts to reduce aviation’s GHG emissions in accordance with the Union’s 2020 and 2015 targets and include not only CO2 emissions, but also NOx, sulphur and other climate relevant effects from aviation, as well as to minimise vapour contrails.
Amendment 10 #
2012/0328(COD)
Proposal for a decision
Recital 1 b (new)
Recital 1 b (new)
(1b) Unfair intermodal competition through direct and indirect subsidies, such as exemptions on kerosene taxation and VAT-free flight tickets, in favour of the aviation sector, should be stopped by the Union: aviation should not further undermine other sectors’ reductions in climate impact.
Amendment 26 #
2012/0328(COD)
Proposal for a decision
Article 3 a (new)
Article 3 a (new)
Article 3a If the ICAO Assembly in September 2013 does not achieve substantial progress on a global market-based mechanism, the EU ETS will not be delayed again (first time last time principle) and will include all international flights from and to the Union from 2013 onwards. If, however, it succeeds in setting a framework for global market-based measures, the Commission, after submitting to the European Parliament a report on the results achieved, may propose further actions in accordance with Article 25a of Directive 2003/87/EC and corresponding to the EU 2020 and 2050 greenhouse gas (GHG) reduction targets.
Amendment 29 #
2012/0328(COD)
Proposal for a decision
Article 3 b (new)
Article 3 b (new)
Article 3b Article 3d(4) of Directive 2003/87/EC shall be replaced by the following: ‘Member States shall earmark revenues generated from the ETS to international climate finance, inter alia to contribute to the efforts of developing countries to reduce the impact from climate change as well as to support measures in favour of mitigation and adaptation. Member States shall regularly inform the Commission about actions taken pursuant to this paragraph.’
Amendment 30 #
2012/0328(COD)
Proposal for a decision
Article 3 c (new)
Article 3 c (new)
Article 3c As the EU intends to internalise external costs for all transport modes, while applying the polluter pays principle, the Commission shall integrate the aviation sector into this approach. It shall propose minimum kerosene taxation rates and VAT on transborder flight tickets as well as introduce measures to prohibit windfall profits, obtained by the aviation sector, and work out a strategy to fix minimum prices for CO2-tonne allowances.
Amendment 25 #
2012/0299(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving the gender balance among non-executive directors of companies listed on stock exchanges and public undertakings and related measures (Text with EEA relevance)
Amendment 27 #
2012/0299(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) The EU institutions, agencies and the ECB should lead by example concerning gender equality in decision making. Stringent rules on internal and external recruitment to all EU-institutions and agencies should be implemented without delay. Particular attention needs to be given to recruitment policies for senior management positions. The EU institutions and agencies should publish an annual report setting our their effort to that end.
Amendment 67 #
2012/0299(COD)
Proposal for a directive
Recital 14
Recital 14
(14) While tThis Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessarybut requires listed companies without balanced gender representation to adjust their recruitment, selection and appointment procedures in order to attain gender balance among non-executives directors. Only an EU-level measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 88 #
2012/0299(COD)
Proposal for a directive
Recital 20
Recital 20
(20) All board systems distinguish between executive directors, who are involved in the daily management of the company, and non-executive directors who are not involved in the daily management, but do perform a supervisory function. The quantitative objectives provided for in this Directive should apply only to the non- executive directors in order to strike the right balance between the need to increase the gender diversity of boards and the need to minimise interference with the day-to-day management of a company. As the non-executive directors perform supervisory tasks, it is also easier to recruit qualified candidates from outside the company and to a large extent also from outside the specific sector in which a company operates – a consideration which is of importance for areas of the economy where members of a particular sex are especially under- represented in the workforceto all directors.
Amendment 92 #
2012/0299(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by theThis Directive should therefore take account of the diversity of selection procedures that exists in Member States concerned.
Amendment 98 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteriaadjust their recruitment, selection and appointment procedures, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non-executive directors of the under-represented sex by that date. This objective in principle only concerns the overall gender diversity among the non- executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 102 #
2012/0299(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Listed companies and public undertakings should consider putting in place training programmes and mentoring programmes for the underrepresented sex as one tool to achieve gender balance if there is a clear gender gap in the selection pool for recruitment to board positions.
Amendment 105 #
2012/0299(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States exercise a dominant influence over listed companies which are public undertakings within the meaning of Article 2(b) of Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings, as well as on financial transparency within certain undertakings.32 Due to that dominant influence, they have the instruments at their disposal to bring about the necessary change more rapidly. Therefore, in such companies the objective of least 40 per cent of non-executive directors of the under-represented sex should be set at an earlier date.
Amendment 110 #
2012/0299(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Determining the number of non- executive director positions necessary to meet the objective requires further specification since for most board sizes it is mathematically possible only to go beyond or remain below the exact share of 40 per cent. Therefore, the number of board positions necessary to meet the objective should be the number closest to 40 per cent. At the same time, in order to avoid discrimination of the initially over- represented sex, listed companies and public undertakings should not be obliged to appoint members of the under-represented sex to half or more of the non-executivmore than half of the board positions. Thus, for example, members of the under- represented sex should hold at least one position on boards with three or four non- executive directors, at least two positions on boards with four, five or six non-executive directors, and at least three positions on boards with seven or eight non-executive directors.
Amendment 112 #
2012/0299(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In line with thatArticle 23 of the Charter of Fundamental Rights of the European Union and where applicable related case- law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre- established, clear, neutrally formulated and unambiguous criransparency in their recruitment, selection and appointment procedures while respecting private life with regard to the processing of personal data, recognised by the Articles 7 and 8 of the Charteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership and communication skills and networking abilities. Priority should be given to the candidate of the under- represented sex if that candidate is at least equally qualified as the candidate of the other sex in terms of suitability, competence and. Member States should ensure that companies that do not profgressional performance, and if an objective assessment taking account of all towards the Directive's key objective disclose additional information on their recruiteria specific to the individual candidates does not tilt the balance in favour of a candidatment, selection and appointment policies, and in particular deliver concrete plans to improve gender balance ofn the other sexir boards.
Amendment 118 #
2012/0299(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The methods of recruiting and appointing directors differ from one Member State to another and from one company to another. They may involve the pre-selection of candidates to be presented to the shareholders' assembly, for example by a nomination committee, the direct appointment of directors by individual shareholders or a vote in the shareholders' assembly on individual candidates or lists of candidates. This legislative instrument therefore respects the diversity of selection procedures while insisting that adjustments to these procedures are made in order to attain the aim of increasing the underrepresented sex' participation on boards is attained. The requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with national law and the articles of association of the listed companies concerned. In this respect, this Directive only establishes a minimum harmonisation of selection procedures, making it possible to apply the condiallows for a diversity of selections provided for by the case- law of the Court of Justiccedure with a view to attaining the objective of a more balanced gender representation in the boards of listed companies.
Amendment 120 #
2012/0299(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Where preselection of candidates is based on election or voting procedures, for example by workers or their representatives, the procedures throughout the whole process should be adjusted in order to contribute to the attainment of the objective of more gender balance on the board of directors as a whole, while ensuring that the sex of the director elected in this procedure is not in any way predetermined.
Amendment 122 #
2012/0299(COD)
Proposal for a directive
Recital 28
Recital 28
(28) This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the selection was based, but also the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate who is not of the under- represented sex . These limitations to the right to respect for private life with regard to the processing of personal data, recognised by the Articles 7 and 8 of the Charter, and the obligation for listed companies to supply that information, upon request, to the unsuccessful candidate, are necessary and, in conformity with the principle of proportionality, genuinely meet recognised objectives of general interest. They are therefore in line with the requirements for such limitations laid down in Article 52(1) of the Charter and with the relevant case- law of the Court of Justice.
Amendment 134 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines andrestricted access to or exclusion from EU funding, nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Articles 4(1) and 5.
Amendment 137 #
2012/0299(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 147 #
2012/0299(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Since listed companies should aim to increase the proportion of the under- repthe percentage of women among executive directors is even lower, an additional incentive should be created to increasented sex in all decision-making positions, the number of female executive directors. Member States may provide that the objective laid down in this Directive should be considered to be met where listed companies can show that membedirectors of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non-executive under the condition that at least one of the executive directors is of the under-represented sex.
Amendment 149 #
2012/0299(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 159 #
2012/0299(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of at least 40 per cent among non-executive directors of listed companies at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings. If the percentage of the under-represented sex is lower than 30% by 2017 or by 2015 in case of public undertakings the suspension should be automatically revoked because of insufficient progress.
Amendment 169 #
2012/0299(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down measures to ensure a more balanced representation of men and women among the non-executive directors of listed companies and public undertakings by establishing measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangements.
Amendment 173 #
2012/0299(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘listed company’ means a company incorporsituated in a Member State whose securities are admitted to trading on a regulated market within the meaning of Article 4(1) (14) of Directive 2004/39/EC, in one or more Member States;
Amendment 194 #
2012/0299(COD)
Proposal for a directive
Article 4 – title
Article 4 – title
Objectives with regard to non-executive directors
Amendment 201 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakingsadjust their recruitment, including pre-selection, selection, or appointment procedures for all director positions, in such a way that they effectively contribute to the attainment of the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of public undertakings. Member States shall ensure that listed companies and public undertakings make the adjustments at the appropriate stages of the recruitment, pre-selection, selection or appointment process. In particular, Member States shall ensure that companies select candidates for a board position from a gender balanced selection pool and in case of an election procedure, ensure gender diversity in the composition of the short-list of candidates while ensuring that the sex of the director elected in this procedure is not in any way predetermined. To the extent that the selection procedure takes place on the basis of a comparative analysis of the qualifications of each candidate, Member States shall ensure that such adjustments include the application of pre-established, clear, neutrally formulated and unambiguous criteria.
Amendment 205 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States may provide that the objective, laid down in paragraph 1 is met where listed companies and public undertakings can show that members of the under-represented sex hold at least one third of all director positions, provided that they are represented among both types of directors – executive and non-executive. The number necessary for meeting this one third objective shall be the number closest to the proportion of one third.
Amendment 210 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be the number closest to the proportion of 40 per cent, but not exceeding 49 per cent or the number closest to the proportion of on third in case the objective referred to in paragraph 1 a new.
Amendment 213 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In order to attain the objective laid down in paragraph 1, Member States shall ensure that, in the selection of non-executiveand in accordance with Article 23(2) of the Charter of Fundamental Rights of the European Union, Member States shall ensure that, in the recruitment, selection and appointment of directors, priority shall be given to the competent candidate of the under-represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability, competence and professional performance, unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex, unless an objective assessment taking account of all criteria tilts the balance in favour of the candidate of the other sex. In the case of a competence-based selection procedure, priority shall be given to the candidate of the under- represented sex in cases where that candidate is at least equally qualified as a candidate of the other sex in terms of suitability, competence or professional performance.
Amendment 219 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate to an unsuccessful candidate, the number and gender of the candidates in the selection pool while respecting their anonymity in accordance with EU law on data protection, the qualification criteria upon which the selection or appointment was based, the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate of the other sex.
Amendment 222 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Member States shall ensure that the requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with national law and the articles of association of the listed companies concerned.
Amendment 226 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 241 #
2012/0299(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
Amendment 244 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that listed companies undertake individual commitments regarding gender-balanced representation of both sexes among exbased on the procedures described in Article 4 listed companies and public undertakings that have not yet achieved the objecutive directors to be achieved at the latest by 1 January 2020, or, in case of listed companies which are public undertakings, by 1 January 2018.s in Article 4(1) or Article 4(2) publish a detailed plan with measures that will lead to progress towards these objectives within one year of adoption of this Directive;
Amendment 249 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require listed companies and public undertakings to provide information to the competent national authorities, where applicable in their annual reports, once a year as from [twoone years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information. Listed companies and public undertakings that have not yet achieved the objectives laid down in Article 4 (1) or (1 a new) shall provide additional information to the competent national authorities, where applicable in their annual reports, once a year as from [one year after adoption], about the progress made and measures taken in view of the objectives laid down in Article 4(1) or (2) and where applicable, about the gender of all appointed directors during the reference period and the percentage difference in remuneration and compensation scheme between men and women in executive and non-executive director positions. All information shall be published in an appropriate and accessible manner on their website.
Amendment 254 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where a listed company does not meetor a public undertaking does not make progress towards the objectives laid down in Article 4 (1) or its own individual commitments taken pursuant to paragraph 1 of this Article(1 a new), the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and aeving progress and a comprehensive description of the additional measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 257 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall require listed companies and public undertakings to report on adjustments in selection processes following the implementation of Article 4.1 to the works council where applicable.
Amendment 266 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all necessary measures to ensure that they are applied. These sanctions shall come into force not later than [one year after adoption of this Directive].
Amendment 273 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The sanctions apply to listed companies or public undertakings infringing national provisions pursuant to Article 4 and Article 5 of this Directive. The sanctions must be effective, proportionate and dissuasive and may include the following measures:
Amendment 279 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall report to the Commission on the sanctions that are in place to comply with the provisions of this Directive;
Amendment 288 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) So as to ensure cross-compliance with other EU instruments, where obligations under this directive are breached, EU funding may be suspended.
Amendment 293 #
2012/0299(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States mayare encouraged to introduce or maintain provisions which are more favourable than those laid down in this Directive with a view to achieve the aim of Article 23 of the Charter of Fundamental Rights of the European Union and to ensure a more balanced representation of men and women in respect of companies incorporated in their national territory, provided those provisions do not create unjustified discrimination, nor hinder the proper functioning of the internal marketare geared towards the aim of this Directive and do not go beyond what is necessary to achieve this aim and do not create unjustified discrimination.
Amendment 300 #
2012/0299(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The Member State in question shall notify this information to the Commission. The Commission shall inform the European Parliament and Council of the Member State's request. The suspension shall be automatically revoked if insufficient progress is made towards the aim of this Directive which is deemed the case if the percentage of the under-represented sex is lower than 30% by 2017 or by 2015 in case of public undertakings.
Amendment 304 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The Commission shall present a report by 31 December 2015 on how the principles of this Directive can be incorporated into the rules governing the internal staffing procedures of all EU institutions and agencies. If appropriate this report should be accompanied by a legislative proposal extending the scope of the Directive to cover all EU institutions and agencies.
Amendment 306 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States having suspended pursuant to Article 8(3) the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) shall include information in the reports mentioned in paragraph 1 demonstrating the concrete results obtained by the national measures referred to in Article 8(3). The Commission shall then issuepublish a specific report ascertaining whether those measures effectively enable members of the under-represented sex to hold at least 40 per cent of the non-executive director positions by 1 January 2018 for listed companies which are public undertakings, and by 1 January 2020 for listed companies which are not public undertakings. The first such report shall be issupublished by the Commission by 1 July 2017, and subsequent reports shall be issupublished within six months after notification of the respective national reports under paragraph 1.
Amendment 315 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In its report, the Commission shall, after consulting the European Parliament and the Council, assess whether, in the light of developments in the representation of men and women in the boards of listed companies and at different levels of decision-making throughout the economy and taking into account whether the progress made is sufficiently sustainable, there is a need to extend the duration of this Directive beyond the date specified in Article 10(2) or to amend it.
Amendment 46 #
2012/0175(COD)
Proposal for a directive
Article 1 – paragraph 2 – point f a (new)
Article 1 – paragraph 2 – point f a (new)
(fa) The insurance contract does not cover health insurance risks.
Amendment 47 #
2012/0175(COD)
Proposal for a directive
Article 2 – point 9
Article 2 – point 9
9. ‘advice’ means the provision of a recommendation to a customer, eithercounselling to an actual or potential customer in relation to an insurance product, which is based on a personal recommendation upon their request or at the initiative of the insurance undertaking or the insurance intermediary;
Amendment 49 #
2012/0175(COD)
Proposal for a directive
Article 2 – point 10
Article 2 – point 10
10. ‘contingent commission’ means a remuneration in the form of a commission where the amount payable is based on the achievement of any kind of agreed targets relating to the business placedactivities run by the intermediary with that insurer;
Amendment 50 #
2012/0175(COD)
Proposal for a directive
Article 2 – point 18
Article 2 – point 18
(18) ‘remuneration’ means any commission, fee, charge or any other payment, including an direct or indirect economic benefit of any kind, offered or given in connection with insurance mediation activities.;
Amendment 51 #
2012/0175(COD)
Proposal for a directive
Article 2 – point 19
Article 2 – point 19
(19) ‘tying practice’ means the offering of: - two or more insurance services or products in a package where these insurance services or products are not made available to the consumer separately - one or more ancillary services with an insurance service or product in a package where this insurance service or product is not made available to the consumer separately.;
Amendment 52 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Without prejudice to the first subparagraph, Member States may stipulate that insurance and reinsurance undertakings and other bodies may cooperate with the competent authorities in registering insurance and reinsurance intermediaries and in the application of the requirements of Article 8(2) to such intermediaries. In particular, in the case ofNevertheless, tied insurance intermediaries, they may shall also be registered by an insurance undertaking by an association of insurance undertakings, or by an insurance or reinsurance intermediary under the supervision of a competent authoritywith a competent authority in their home Member State.
Amendment 53 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
8a. Member States shall apply the registration requirements set out in this Article to insurance intermediaries, which fall within the scope of paragraph 8b. In that case Member States shall ensure that the administrative burden stemming from such requirements is proportionate to the nature, scale and complexity of the activity.
Amendment 54 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 8 b (new)
Article 3 – paragraph 8 b (new)
8b. The proportionate registration requirements set out in paragraph 8a shall apply to an insurance intermediary which conducts insurance mediation on an ancillary basis, provided that its activities meet all the following conditions: (a) the principal professional activity of the insurance intermediary is other than insurance mediation; (b) the insurance intermediary only mediates certain insurance products that are complementary to a product or service and clearly identifies them in a register; (c) the insurance products concerned do not cover life assurance, health insurance or liability risks.
Amendment 55 #
2012/0175(COD)
Proposal for a directive
Article 3 – paragraph 8 c (new)
Article 3 – paragraph 8 c (new)
8c. The condition of the proportionate registration requirements referred to in paragraph 8a of this Article is that the insurance intermediary acts directly or on behalf of or has entered into a specific agreement for the mediation of the insurance products concerned with one or several insurance undertaking(s) or registered insurance intermediaries, each of which accepts responsibility for ensuring compliance by the insurance intermediary with paragraphs 1 and 2 of this Article and Articles 15 and 16 of this Directive in relation to the products to which the agreement relates.
Amendment 56 #
2012/0175(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Registered insurance and reinsurance intermediaries shall be allowed to take up and pursue the activity of insurance and reinsurance mediation in the Union by means of both freedom of establishment and freedom to provide services.
Amendment 57 #
2012/0175(COD)
Proposal for a directive
Article 4
Article 4
Amendment 58 #
2012/0175(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Intermediaries who are subject to paragraphs 1 and 2 of this Article shall be subject to the provisions of Chapters I, III, IV, V, VIII, IX and Articles 15 and 16 of this Directive.
Amendment 59 #
2012/0175(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Any insurance or reinsurance intermediary who intends to carry on business within the territory of another Member State for the first time under the freedom to provide services or the freedom of establishment shall communicate the following information to the competent authority of the other and his home Member State.
Amendment 60 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 8 – introductory part
Article 8 – paragraph 8 – introductory part
8. The Commission shall be empowered to adopt delegated acts in accordance with Article 33. Those delegated acts shallEIOPA shall develop draft regulatory standards which specify
Amendment 61 #
2012/0175(COD)
Proposal for a directive
Article 8 – paragraph 8 – point c a (new)
Article 8 – paragraph 8 – point c a (new)
(ca) the notion of good repute for the purposes of paragraph 2.
Amendment 62 #
2012/0175(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The authorities referred to in paragraph 1 shall be either public authorities or bodies recognised by national law or by public authorities expressly empowered for that purpose by national law. They shall not be insurance or reinsurance undertakings or associations whose members directly or indirectly include insurance or reinsurance undertakings or insurance or reinsurance intermediaries.
Amendment 63 #
2012/0175(COD)
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. The powers referred to in paragraph 3 shall be exercised in conformity with national law and shall include, at least, the rights to: (a) have access to any document in any form whatsoever which would be relevant for the performance of the supervisory duties and to receive a copy of it; (b) demand information from any person and if necessary to summon and question a person with a view to obtaining information; (c) carry out on-site inspections; (d) carry out mystery shopping; (e) request temporary prohibition of professional activity; (f) require insurance undertakings to provide information; (g) refer matters for criminal prosecution; (h) allow auditors or experts to carry out verifications or investigations.
Amendment 64 #
2012/0175(COD)
Proposal for a directive
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
3b. Competent authorities shall establish a website for the comparison of insurance products. These websites shall provide information on the key features of insurance products and all contract conclusion costs. EIOPA shall develop draft implementing technical standards on the standards for disclosure of insurance product features, contract conclusion costs and product comparison for this website. This website shall be financed independently from contributions of insurance intermediaries and insurance undertakings or related undertakings.
Amendment 65 #
2012/0175(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall ensure that insurance undertakings disclose information on the success of customer's claims. Therefore, those insurance undertakings shall disclose for each type of policy: (a) how many claims made are paid, (b) the average payout per premium; and (c) the average time between a claim being made and the payout. Insurance intermediaries shall provide the customer with this information prior to the conclusion of any insurance contract. EIOPA shall develop a draft implementing technical standard on the measurement and disclosure of customers´ claims as referred to in this Article.
Amendment 66 #
2012/0175(COD)
Proposal for a directive
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
Amendment 67 #
2012/0175(COD)
Proposal for a directive
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
2c. Intermediaries shall disclose by means of a short standardised notice that they have checked before the conclusion of a insurance contract, whether the customer had already purchased a suitable product for the need originally identified by the intermediary.
Amendment 68 #
2012/0175(COD)
Proposal for a directive
Article 16 – point a – point v a (new)
Article 16 – point a – point v a (new)
(va) whether an insurance intermediary or an insurance undertaking remunerates any personnel or contractual staff, appoints representatives or other insurance intermediaries that this does not impede compliance with the obligation to act in the best interest of the customer;
Amendment 69 #
2012/0175(COD)
Proposal for a directive
Article 16 – point a – point v b (new)
Article 16 – point a – point v b (new)
(vb) intermediaries shall disclose by means of a short standardised notice whether they use an IT-programme to compare available insurance products as well as their characteristics, premiums and the costs involved. If an intermediary uses any IT-programme for overview and comparison, this shall also be disclosed by means of a short standardised notice.
Amendment 70 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point c – point i
Article 17 – paragraph 1 – point c – point i
(i) it gives advice on the basis of a fair analysis, orn assessment in the interest of the customer,
Amendment 71 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point c – point iii
Article 17 – paragraph 1 – point c – point iii
(iii) it is not under a contractual obligation to conduct insurance mediation business exclusively with one or more insurance undertakings and does not give advice on the basis of a fair analysisn assessment based on the needs of the customer. In that case, it shall provide the names of the insurance undertakings with which it may and does conduct business ;
Amendment 72 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 73 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point e – point iii
Article 17 – paragraph 1 – point e – point iii
Amendment 74 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point e a (new)
Article 17 – paragraph 1 – point e a (new)
(ea) if the intermediary receives remuneration in connection with insurance mediation activities, the nature and the direct and indirect economic value of this remuneration.
Amendment 77 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
(g) if the amount of the cCommission is based on the achievement of agreedny targets or thresholds relating to the business placed by the intermediary with an insurer, the targets or thresholds as well as the amounts payable on the achievement of them are banned. If the intermediary is to be remunerated by a commission, it shall clearly inform the customer with the amount and the basis for the calculation of such commission.
Amendment 79 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) provide the customer with the amount or, where the precise amount is not capable of being given, the basis of calculation of the fee or commission or the combination of both, if the customer so requesincluding all actual costs, consisting of contract conclusion costs and operation mediation costs in monetary terms. Where it is not possible to disclose the operating mediation costs in monetary terms, those costs shall be revealed as a percentage of the customer's annual contribution. The customer shall be informed by an annual note of the respective annual costs in monetary terms. EIOPA shall develop draft implementing technical standards on this benchmark on commissions for the different categories of insurance products.
Amendment 81 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Prior to the conclusion of any specific contract, the insurance intermediary – including tied ones– or insurance undertaking shall indentify , on the basis of information providan assessment of the customer needs by the customerased on an inquiry of the customer's best interest:
Amendment 82 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) and shall specify to the customer the different insurance policies he/she has escalated and the underlying reasons for any offers or advice to the customer on a specified insurance product , if given.
Amendment 83 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The details referred to in points (a) and (b) of paragraph 1 shall be modulated according to the complexity of the insurance product being proposed and the level of financial risk to the customer specifying what is not covered by the suggested insurance product.
Amendment 85 #
2012/0175(COD)
Proposal for a directive
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
(b) in a clear and accurate manner, comprehensible to the customer in compliance with Article 15(2); and
Amendment 86 #
2012/0175(COD)
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) in anthe official language of the Member State in which the risk is situated or the Member State of the commitment or in any other language agreewere the consumer is resident. Member States may maintain or introduce in their national law language requirements regarding contractual information to ensure such information is presented in a language easily understood by the partiesconsumer. It shall be provided free of charge.
Amendment 87 #
2012/0175(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. The insurance undertaking shall provide insurance intermediaries and customers a standardised information sheet containing the key information regarding the insurance contract.
Amendment 92 #
2012/0175(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 93 #
2012/0175(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Where steps taken by theAn insurance intermediary or insurance undertaking in compliance with Articles 15, 16 and 17shall maintain and operate effective organisational and administrative arrangements with a view to taking all reasonable steps designed to prevent conflicts of interest from adversely affecting the interests of its customers. Where steps taken by the insurance intermediary or insurance undertaking are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of customers and potential customers arising from conflicts of interest will be prevented, the insurance intermediary or insurance undertaking shall clearly disclose the general nature or sources of conflicts of interest to the customer before undertaking business on the customer's behalf.
Amendment 94 #
2012/0175(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The disclosure must: (a) be made in a durable medium; (b) include sufficient detail, taking into account the nature of the customer, to enable that customer to take an informed decision with respect to the service in the context of which the conflict of interest arises.
Amendment 96 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 5 – point a
Article 24 – paragraph 5 – point a
(a) assess a sufficiently large numberrange of insurance products available on the market. The insurance products should be diversified with regard to their type and issuers or product providers and should not be limited to insurance products issued or provided by entities having close links with the insurance intermediary or insurance undertaking; and
Amendment 98 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 5 – point b
Article 24 – paragraph 5 – point b
(b) not accept or receivetain fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision of the service to customers.
Amendment 100 #
2012/0175(COD)
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. When providing advice the insurance intermediary or insurance undertaking shall obtain the necessary information regarding the customer's or potential customer's needs, knowledge and experience in the field relevant to the specific type of product or service, as well as regarding the customer's or potential customer's financial situationinterest and his investment objectives, on the basis of which the insurance intermediary or insurance undertaking should recommend the insurance products that are suitablein the best interest for the customer or potential customer.
Amendment 101 #
2012/0175(COD)
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
2. Member States shall ensure that insurance intermediaries and insurance undertakings, when carrying on insurance mediation in relation to sales where no advice is given, ask the customer or potential customer to provide information regarding the customer's or potential customer's knowledge and experience in the investment fieldneeds relevant to the specific type of product or service offered or demanded so asadvised to enable the insurance intermediary or insurance undertaking to assess whetherinquire if the insurance service or product envisaged is appropriate foris in the best interest of the customer.
Amendment 102 #
2012/0175(COD)
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
Where the insurance intermediary or insurance undertaking considers, on the basis of the information receivasked under the previous subparagraph, that the product or service is not appropriate toin the best interest of the customer or potential customer, the insurance intermediary or insurance undertaking shall warninform the customer or potential customer why. This warning mayshall be provided in a standardised format.
Amendment 103 #
2012/0175(COD)
Proposal for a directive
Article 25 – paragraph 2 – subparagraph 3
Article 25 – paragraph 2 – subparagraph 3
Where customers or potential customers do cannot provide the information referred to in the first subparagraph, or where they cannot provide insufficient information regarding their knowledge and experience, the insurance intermediary or insurance undertaking shall warn them thatthe asked information, the insurance intermediary or insurance undertaking shall not offer or advice the service or product envisaged, whereas the insurance intermediary or insurance undertaking is not in a position to determine whether the service or product envisaged is appropriate for them. This warninginformation may be provided in a standardised format with instruction of information needed for the insurance intermediary or insurance undertaking to make an appropriate assessment in the customer's best interest.
Amendment 105 #
2012/0175(COD)
Proposal for a directive
Article 25 – paragraph 3 a (new)
Article 25 – paragraph 3 a (new)
3a. Member States shall allow insurance intermediaries and insurance undertakings, when carrying on insurance mediation in relation to sales where no advice is given, to proceed without obtaining the information or make the determination provided for in paragraph 2, if the following conditions are met: (a) the insurance mediation activity is performed at the initiative of the customer or potential customer, (b) the insurance mediation activity refers to insurance-based investments which: (i) only provide investment exposure to underlying financial instruments deemed non-complex as set out under point (a) of Article 25(3) of [Directive 2004/39/EC]; or (ii) do not incorporate a structure which makes it difficult for the customer to understand the risk involved. (c) the customer or potential customer has been clearly informed that the insurance intermediary or insurance undertaking is not required to assess the suitability or appropriateness of the product offered and that therefore he does not benefit from relevant conduct of business rules. This warning may be provided in a standardised format.
Amendment 106 #
2012/0175(COD)
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Member States shall ensure that the competent authorities have in place appropriate measures enabling them to encompass and disclose by means of a register identity of insurance, tied- insurance and reinsurance intermediaries who breached Chapter VI and VII of this Directive as well the identity of the intermediate or insurance undertaking, the respective intermediate is acting for. EIOPA shall provide a list of hyperlinks to each register of the relevant competent national authorities. Likewise, competent national authorities shall provide hyperlinks to the aforementioned list kept by EIOPA.
Amendment 107 #
2012/0175(COD)
Proposal for a directive
Article 26 a (new)
Article 26 a (new)
Amendment 108 #
2012/0175(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. EIOPA shall issue guidelines addressed to the competent authorities, if applicable, in accordance with Article 16 of Regulation No (EU) 1094/2010 on the types of administrative measures and sanctions and level of administrative pecuniary sanctions.
Amendment 109 #
2012/0175(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. FivThree years after the entry into force of the provisions on mandatory disclosure as laid down in Articles 15 to 20 as well as Articles 24 and 25 of this Directive, the Commission shall review this Directive. The review shall include a general survey of the practical application of rules laid down in this Directive taking due account of developments in the retail investment products markets as well as experiences acquired in practical application of this Directive and Regulation on key information documents for investment products and [MIFID II]. The review shall reflect on a possible application of the provisions of this Directive to products falling under the scope of Directive 2003/41/EC. This review shall also include a specific analysis of the impact of Article 17(2), taking into account the situation of competition on the market of intermediation services for contracts other than contracts in any of the classes specified in Annex I of Directive 2002/83/EC and the impact of the obligations referred to in Article 17(2) on insurance intermediaries which are small and medium sized enterprises.
Amendment 110 #
2012/0175(COD)
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. One year after this directive has come into effect, EIOPA shall carry out an analysis of the different insurance markets of the EU Member States. That analysis shall assess and compare: (a) the relation between insurance coverage of consumers and actual payouts to reveal in how far consumers are protected against major risks by the products of insurance undertakings, (b) intermediary costs which consumers of different Member States´ insurance markets have to bear. EIOPA shall publish the methodology and findings of this assessment as a report.
Amendment 13 #
2012/0082(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The registration of motor vehicles registered in another Member State is hampered by burdensome registration formalities in the Member States, in particular by the obligation to submit these vehicles to complementary tests in order to assess their general condition prior to registration or in order to identify them. Therefore, it is necessary to reduce these formalities in order to ensure the free movement of motor vehicles and to reduce the administrative burden for citizens, businesses and registration authorities. Especially for citizens or businesses acquiring a motor vehicle registered in another Member State, it is appropriate to provide for a simplified registration procedure that includes the recognition of documents and roadworthiness tests (as provided for in the Regulation on periodic roadworthiness tests for motor vehicles and their trailers 2013/...xx as well as the Regulation on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union 2013/...xx and the Directive 2013/...xx on the registration documents for vehicles) issued in another Member State and that would organise the administrative cooperation between the competent authorities on the exchange of missing data.
Amendment 46 #
2012/0082(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The Commission shall submit a report on the evaluation of this Regulation to the European Parliament and the Council by [four years after the entry into force of this Regulation]. The report shall also contain information on national transposition in the various member states. The Commission shall, if necessary, submit appropriate proposals with a view to amending this Regulation, and aligning other Union acts, in particular taking account of the possibilities of further administrative simplification for citizens and businesses.
Amendment 56 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 63 #
2012/0061(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Link with other European Union acts 1. This Directive is without prejudice to the Rome I Regulation, in particular the application of the law which, under Article 8 of the Rome I Regulation, applies to individual employment contracts, and the application of Regulation No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems and Regulation No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems. 2. If any provision of this Directive conflicts with another EU act, the provision which ensures the highest standard of protection for workers shall apply.
Amendment 67 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrativan undertaking posting workers shall supply to the competent authorities upon request proof that it genuinely performs substantial activities, other than purely internal management activities, in the territory of the Member State of establishment. The competent authorities shall take into account all factual elements characterising these activities. Such elements may include but are not limited to:
Amendment 85 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Any long-term refusal to supply the data requested shall entitle the requesting Member State to draw up a publicly accessible list of authorities that have refused to cooperate and to inform the Commission thereof. The Commission shall set up a publicly accessible list of those authorities reported to have not been willing to cooperate.
Amendment 96 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the following administrative requirements and control measures:In order to improve the enforcement of Directive 96/71/EC, Member States, fully respecting the principle of non- discrimination, may control all elements necessary to verify compliance with Articles 3 and 5 of Directive 96/71/EC and Article 3 of this directive
Amendment 105 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Paragraphs 1 and 3 shall apply without prejudice to national rules on prescription deadlines or time limits for bringing similar actions and to national rules of procedure concerning representation and defence before the courts, if they are more favourable than the stipulation in paragraph a) and to national provisions according to which the parties to the collective agreements enforce these agreements.
Amendment 109 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non– discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor cantake the necessary measures to ensure that an undertaking can be held liable, in addition to and/or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment offor the obligations of their subcontractors regarding the following:
Amendment 123 #
2012/0061(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2 a (new)
Article 14 – paragraph 3 – subparagraph 2 a (new)
The provisions on recovery of fines or penalties shall also apply to fines imposed as part of enforceable statutory decisions by labour courts.
Amendment 79 #
2012/0011(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure free consent, it should be clarified that consent does not provide a valid legal ground where the individual has no genuine and free choice and is subsequently not able to refuse or withdraw consent without detriment. Consent should also not provide a legal basis for data processing when the data subject has no access to different equivalent services. Default settings such as pre-ticked boxes, silence, or the simple use of a service do not imply consent. Consent can only be obtained for processing that is lawful and thus not excessive in relation to the purpose. Disproportional data processing cannot be legitimised though obtaining consent.
Amendment 80 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, where personal data are processed by the employer of employees‘' personal data in the employment context, or where a controller has a substantial market power with respect to certain products or services and where these products or services are offered on condition of consent to the processing of personal data, or where a unilateral and non- essential change in terms of service gives a data subject no option other than accept the change or abandon an online resource in which they have invested significant time. Where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 81 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 87 #
2012/0011(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) To further strengthen the control over their own data and their right of access, data subjects should have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain a copy of the data concerning them also in commonly used electronic format, to obtain, free of charge, a copy of the data concerning them in an electronic, interoperable and structured format which is commonly used. The data subject should also be allowed to transmit those data, which they have provided, from one automated application, such as a social network, into another one. This should apply where the data subject providedProviders of information society services should not make the transfer of those data to the automated processing system, based on their consent or in the performance of a contramandatory for the provision of their services. Social networks should be encouraged as much as possible to store data in a way which permits efficient data portability for data subjects.
Amendment 90 #
2012/0011(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Every natural person should have the right not to be subject to a measure which is based on profiling by means of automated processing. However, any such measure should be allowed when expressly authorised by law, carried out in the course of entering or performance of a contract, or when the data subject has given his consent. In any case, such processing should be subject to suitable safeguards, including specific information of the data subject and the right to obtain human intervention and that such measure should not concern a child. Specifically, such processing should never, whether intentionally or not, lead to the discrimination of data subjects on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation. Given the risk of discrimination, such processing should not be used in order to predict very rare characteristics.
Amendment 97 #
2012/0011(COD)
Proposal for a regulation
Recital 121 a (new)
Recital 121 a (new)
(121a) This Regulation allows the principle of public access to official documents to be taken into account when applying the provisions set out in this Regulation. Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Member State legislation to which the public authority or public body is subject. Such legislation shall reconcile the right to the protection of personal data with the principle of public access to official documents.
Amendment 107 #
2012/0011(COD)
Proposal for a regulation
Article 4 – point 1
Article 4 – point 1
(1) ‘'data subject’' means an identified natural person or a natural person who can be identified or singled out, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number or other unique identifier, location data, online identifier or to one or more factors specific to the gender, physical, physiological, genetic, mental, economic, cultural or social identity or sexual orientation of that person;
Amendment 112 #
2012/0011(COD)
Proposal for a regulation
Article 4 – point 3 a (new)
Article 4 – point 3 a (new)
(3a) 'profiling' means any form of automated processing intended to evaluate, or generate data about, aspects relating to natural persons or to analyse or predict a natural person's performance at work, economic situation, location, health, preferences, reliability, behaviour or personality;
Amendment 135 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 191 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h a (new)
Article 15 – paragraph 1 – point h a (new)
(ha) in the case of measures based on profiles, meaningful information about the logic used in the profiling;
Amendment 203 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 211 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The data subject shall have the right, where personal data are processed by electronic means and in a structured and commonly used format, to obtain from the controller a copy of data undergoing processing in an electronic, interoperable and structured format which is commonly used and allows for further use by the data subject.
Amendment 221 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person shall have the right, both off-line and online, not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 223 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Subject to the other provisions of this Regulation, including paragraphs (3) and (4), a person may be subjected to a measure of the kind referred to in paragraph 1 only if the processing:
Amendment 224 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) is carried out in the course ofnecessary for the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfied or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such as the right to obtain humanincluding the right to be provided with meaningful information about the logic used in the profiling, and the right to obtain human intervention, including an explanation of the decision reached after such intervention; or
Amendment 225 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) is expressly authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests, and which protects the data subjects against possible discrimination resulting from measures described in paragraph 1; or
Amendment 228 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguards, including effective protection against possible discrimination resulting from measures described in paragraph 1.
Amendment 231 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be based solely oninclude or generate any data that fall under the special categories of personal data referred to in Article 9, except when falling under the exceptions listed in Article 9(2).
Amendment 232 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Profiling that (whether intentionally or otherwise) has the effect of discriminating against individuals on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation, or that (whether intentionally or otherwise) results in measures which have such effect, shall be prohibited.
Amendment 233 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3 b (new)
Article 20 – paragraph 3 b (new)
3b. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be used to identify or individualise children.
Amendment 235 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Articles 14 and 15 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1 and the envisaged effects of such processing on the data subject, as well as the access to the logic underpinning the data undergoing processing.
Amendment 238 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. TWithin six months of the coming into force of this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for suitable measures to safeguard the data subject's' legitimate interests referred to in paragraph 2. The Commission shall consult representatives of data subjects and the Data Protection Board on its proposals before issuing them.
Amendment 285 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 724 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 724 hours.
Amendment 345 #
2012/0011(COD)
Proposal for a regulation
Article 44 a (new)
Article 44 a (new)
Article 44a Disclosures not authorised by Union law 1. No judgment of a court or tribunal and no decision of an administrative authority of a third country requiring a controller or processor to disclose personal data shall be recognised or be enforceable in any manner, without prejudice to a mutual assistance treaty or an international agreement in force between the requesting third country and the Union or a Member State. 2. Where a judgment of a court or tribunal or a decision of an administrative authority of a third country requests a controller or processor to disclose personal data, the controller or processor and, if any, the controller's representative, shall notify the supervisory authority of the request without undue delay and must obtain prior authorisation for the transfer by the supervisory authority in accordance with point (d) of Article 34(1). 3. The supervisory authority shall assess the compliance of the requested disclosure with the Regulation and in particular whether the disclosure is necessary and legally required in accordance with points (d) and (e) of paragraph 1 and paragraph 5 of Article 44. 4. The supervisory authority shall inform the competent national authority of the request. The controller or processor shall also inform the data subject of the request and of the authorisation by the supervisory authority. 5. The Commission may lay down the standard format of the notifications to the supervisory authority referred to in paragraph 2 and the information of the data subject referred to in paragraph 4 as well as the procedures applicable to the notification and information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 439 #
2012/0011(COD)
Proposal for a regulation
Article 80 a (new)
Article 80 a (new)
Article 80a Processing of personal data and the principle of public access to official documents Personal data in documents held by a public authority or a public body may be disclosed by this authority or body in accordance with Member State legislation regarding public access to official documents, which reconciles the right to the protection of personal data with the principle of public access to official documents.
Amendment 132 #
2012/0010(COD)
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) in the course of an activity which falls outside the scope of Union law, in particular concerning national security;
Amendment 134 #
2012/0010(COD)
Proposal for a directive
Article 3 – point 1
Article 3 – point 1
(1) ‘'data subject’' means an identified natural person or a natural person who can be identified or singled out, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number or other unique identifier, location data, online identifiers or to one or more factors specific to the gender, physical, physiological, genetic, mental, economic, cultural or social identity or sexual orientation of that person;
Amendment 135 #
2012/0010(COD)
Proposal for a directive
Article 3 – point 4 a (new)
Article 3 – point 4 a (new)
(4a) 'profiling' means any form of automated processing intended to evaluate, or generate data about, aspects relating to natural persons or to analyse or predict a natural person's performance at work, economic situation, location, health, preferences, reliability, behaviour or personality;
Amendment 136 #
2012/0010(COD)
Proposal for a directive
Article 3 – point 9
Article 3 – point 9
(9) ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
Amendment 139 #
2012/0010(COD)
Proposal for a directive
Article 4 – point a
Article 4 – point a
(a) processed fairly and lawfully and in a transparent manner in relation to the data subject;
Amendment 140 #
2012/0010(COD)
Proposal for a directive
Article 4 – point c
Article 4 – point c
(c) adequate, relevant, and not exlimited to the minimum necessiveary in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data; data held by private parties shall only be accessed to investigate or prosecute criminal offences in accordance with necessity and proportionality requirements to be defined by each Member State in its national law, subject to the relevant provisions of European Union law or public international law, and in particular the ECHR as interpreted by the European Court of Human Rights.
Amendment 144 #
2012/0010(COD)
Proposal for a directive
Article 4 – point d
Article 4 – point d
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 146 #
2012/0010(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall provide that, as far as possible, the controller makes a clear distinction between personal data of different categories of data subjects, such as:
Amendment 147 #
2012/0010(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Member States shall provide specific rules on the consequences of this categorisation, taking into account the different purposes for which data are collected. These specific rules shall include conditions for collecting data, time limits for retention, possible limitations to data subject's rights of access and information and the modalities of access to data by competent authorities.
Amendment 148 #
2012/0010(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that, as far as possible, the different categories of personal data undergoing processing are distinguished in accordance with their degree of accuracy and reliability personal data are factually accurate, complete and, if necessary, up to date.
Amendment 149 #
2012/0010(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall ensure that personal data which are inaccurate, incomplete or no longer up to date are not transmitted or made available, and, as far as possible, ensure that personal data based on facts are distinguished from personal data based on personal assessments. To this end, the competent authorities shall verify the quality of personal data before they are transmitted or made available. As far as possible, in all transmissions of data, available information shall be added which enables the receiving Member State to assess the degree of accuracy, completeness, up-to- dateness and reliability. Personal data shall not be transmitted without request from a competent authority, in particular data originally held by private parties. 3. If it emerges that incorrect data have been transmitted or data have been unlawfully transmitted, the recipient must be notified without delay, in particular in cases where data has originally been held by private parties. The recipient shall be obliged to rectify the data without delay in accordance with paragraph 1 and Article 15 or to erase them in accordance with Article 16. 4. Personal data originally collected by private parties can be processed by a competent authority in so far as the provisions of Article 4, a), c), d), e) and f) are complied with.
Amendment 150 #
2012/0010(COD)
Proposal for a directive
Article 7
Article 7
Member States shall provide that the processing of personal data is lawful only if and to the extent that processing is necessary: (a) for the performance of a task carried out by a competent authority, based on law for the purposes set out in Article 1(1); or (b) for compliance with a legal obligation to which the controller is subject; or (c) in order to protect the vital interests of the data subject or of another person; or (d) for the prevention of an immediate and serious threat to public security and not further processed in a way that is incompatible with these purposes.
Amendment 152 #
2012/0010(COD)
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Lawfulness of further processing 1. The further processing of personal data is only lawful if it is strictly necessary and if carried out in accordance with the principles set out in this Article. 2. Personal data may be collected by the competent authorities as part of their work for specified, explicit and legitimate purposes. Legitimate purposes are served by data collection if it is (a) for the performance of a task carried out by a competent authority, based on law for the purposes set out in Article 1(1); or (b) for compliance with a legal obligation to which the controller is subject; or (c) in order to protect the vital interests of the data subject; or (d) in order to safeguard the vital interests of another person, unless it is clearly in the legitimate interest of the data subject that the data processing does not take place; (e) for the prevention of an immediate and serious threat to public security. 3. The processing of personal data must fulfil the purpose for which they were collected. Further processing for another purpose shall be permitted in so far as it (a) serves lawful purposes (paragraph 2); (b) is necessary for this other purpose; (c) is not incompatible with the purpose for which the data were collected. 4. Personal data may be further processed for historical, statistical or scientific purposes, by way of derogation from paragraph 3, if the Member States provide for appropriate safeguards.
Amendment 154 #
2012/0010(COD)
Proposal for a directive
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the processing is specifically authorised by a law providing appropriate safeguards for the fundamental rights and the legitimate interests of the data subject; or
Amendment 156 #
2012/0010(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Automated processing of personal data intended to evaluate certain personal aspects relating to the data subject shall not be based solely oninclude or generate special categories of personal data referred to in Article 8.
Amendment 158 #
2012/0010(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Profiling that (whether intentionally or otherwise) has the effect of discriminating against individuals on the basis of race or ethnic origin, political opinions, religion or beliefs, trade union membership, or sexual orientation, or that (whether intentionally or otherwise) result in measures which have such effect, shall be prohibited in all cases.
Amendment 161 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 1 – point f a (new)
Article 11 – paragraph 1 – point f a (new)
(fa) where the controller processes personal data as described in Article 9(1), information about the existence of processing for a measure of the kind referred to in Article 9(1) and the intended effects of such processing on the data subject;
Amendment 162 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 1 – point f b (new)
Article 11 – paragraph 1 – point f b (new)
(fb) information regarding specific security measures taken to protect personal data;
Amendment 164 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the data originate.
Amendment 166 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. Member States may adopt legislative measures delaying, or restricting or omitting the provision of the information to the data subject to the extent that, and as long as, such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned, based on a concrete and individual examination of each specific case:
Amendment 167 #
2012/0010(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Amendment 171 #
2012/0010(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States may adopt legislative measures restricting, wholly or partly, the data subject's right of access to the extent and for the period that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interests of the person concerned, based on a concrete and individual examination of each specific case:
Amendment 173 #
2012/0010(COD)
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The legislative measures referred to in paragraph 1 must be in compliance with the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms, and in line with the case law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 175 #
2012/0010(COD)
Proposal for a directive
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Instead of erasure, the controller shall markrestrict the processing of the personal data where:
Amendment 177 #
2012/0010(COD)
Proposal for a directive
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Personal data referred to in paragraph 3 may, with the exception of storage, only be processed when necessary for purposes of proof, or the protection of vital interests of the data subject or another person.
Amendment 178 #
2012/0010(COD)
Proposal for a directive
Article 16 – paragraph 3 b (new)
Article 16 – paragraph 3 b (new)
3b. Where processing of personal data is restricted pursuant to paragraph 3, the controller shall inform the data subject before lifting the restriction.
Amendment 179 #
2012/0010(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall provide that the controller informs the data subject in writing of any refusal of erasure or markingrestriction of the processing, the reasons for the refusal and the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy.
Amendment 184 #
2012/0010(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data which are necessary for the purposes of the processing are processed and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefinite number of individuals.
Amendment 185 #
2012/0010(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall provide that each controller and processor maintains documentation of allAll competent authorities shall maintain detailed documentation of all processing systems and procedures under their responsibility. 1 a. Transmissions of personal data are to be logged or documented for the purposes of verification of the lawfulness of the data processing, systems andelf-monitoring and ensuring proper data integrity and security. 1 b. The logs and documents so producedures under their responsibility. must be made available to the supervisory authority upon request. The supervisory authority shall use this information only for the purpose of checking the lawfulness of the data processing and ensuring proper data integrity and security.
Amendment 186 #
2012/0010(COD)
Proposal for a directive
Article 23 – paragraph 2 – point d
Article 23 – paragraph 2 – point d
(d) transfers of data to a third country or an international organisation, including the identification of that third country or international organisation. and the legal basis for these transfers, including a substantive explanation in the cases referred to in Article 35 or 36 of this Directive;
Amendment 188 #
2012/0010(COD)
Proposal for a directive
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4a. The supervisory authority shall keep a public register of the types of breaches notified.
Amendment 189 #
2012/0010(COD)
Proposal for a directive
Article 33 – introductory part
Article 33 – introductory part
Member States shall provide that any transfer of personal data by competent authorities that is undergoing processing or is intended for processing after transfer to a public competent authority in a third country, or to an international organisation, including further onward transfer to another public competent authority in a third country or international organisation, may take place only if:
Amendment 190 #
2012/0010(COD)
Proposal for a directive
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
Member States shall provide that further onward transfers referred to in paragraph 1 of this Article may only take place if, in addition to the conditions laid out in that paragraph: (a) the onward transfer is necessary for the same specific purpose as the original transfer; and (b) the competent authority that carried out the original transfer authorises the onward transfer.
Amendment 191 #
2012/0010(COD)
Proposal for a directive
Article 33 a (new)
Article 33 a (new)
Article 33a Transfers to recipients not subject to the provisions implementing this Directive Member States shall provide that transfers of personal data by competent authorities to recipients that are not subject to the provisions implementing this Directive may only take place if such transfers are: (a) provided for in national law; such laws must be in compliance with the Charter of Fundamental Rights of the European Union and the Convention for the Protection of Human Rights and Fundamental Freedoms, and be in line with the case law of the Court of Justice of the European Union and the European Court of Human Rights; or (b) necessary for the protection of the vital interests of the data subject or another person; or (c) carried out upon request of the data subject.
Amendment 193 #
2012/0010(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Where the Commission has taken no decision pursuant to Article 34, Member States shall provide that a transfer of personal data to a recipientcompetent public authority in a third country or an international organisation may take place where: (a) appropriate safeguards with respect to the protection of personal data have been adduced in a legally binding instrument; or (b) the controller or processor has assessed all the circumstances surrounding the transfer of personal data and concludes that appropriate safeguards exist with respect to the protection of personal data.
Amendment 194 #
2012/0010(COD)
Proposal for a directive
Article 35 a (new)
Article 35 a (new)
Article 35a Transfers with appropriate safeguards Where the Commission has taken no decision pursuant to Article 34, a transfer of personal data to a competent authority in a third country or an international organisation may take place where: (a) appropriate safeguards with respect to the protection of personal data have been adduced in a legally binding instrument; (b) the EDPB has assessed that the relevant controller or processor meets all legal requirements and best practices generally surrounding the transfer of personal data stipulated in this Directive, in particular regarding personal data originally collected by private parties, and has concluded that appropriate safeguards exist with respect to the protection of personal data, or (c) a specific transfer of personal data may take place in accordance with necessity and proportionality requirements defined by each Member State in its national law, subject to the relevant provisions of European Union law or public international law, and in particular the ECHR as interpreted by the European Court of Human Rights. These transfers must be documented and the documentation must be made available to the supervisory authority on request.
Amendment 195 #
2012/0010(COD)
Proposal for a directive
Article 35 b (new)
Article 35 b (new)
Article 35b Transfer of personal data originating in other Member States 1. Member States shall provide that any transfer by competent authorities of personal data transmitted or provided by the responsible authorities of another Member State, including further onward transfer to a third country or international organisation, may take place only if: (a) the recipient in the third country or the receiving international body is responsible for the prevention of risk or the investigation, detection or prosecution of criminal offences or the execution of criminal penalties; (b) the Member State from which the data were transferred has given its consent to transfer in compliance with its national law, and (c) in cases covered by paragraph 3 of Article 34(a) and Article 35(b) and (c), the Member State from which the data were transferred also considers that, in compliance with its national law, appropriate safeguards exist in respect of the protection of the data transferred. 2. Onward transfer without prior consent in accordance with paragraph 1(b) shall be permitted only if transfer of the data is essential for the prevention of an immediate and serious threat to public security of a Member State or a third State or to essential interests of a Member State and the prior consent cannot be obtained in good time. The authority responsible for giving consent shall be informed without delay. 3. By way of derogation from point (c) of paragraph 1, onward transfer of personal data may take place if the national law of the Member State transferring the data so provides on the grounds of: (a) the compelling and legitimate interests of the data subject; or (b) important public interests. 4. Personal data may be forwarded to private parties only under the conditions set out in paragraph 1 of Article 7(b)
Amendment 196 #
2012/0010(COD)
Proposal for a directive
Article 36 – introductory part
Article 36 – introductory part
By way of derogation from Articles 34 and 35, Member States shall provide that a transfer of personal data to a competent public authority in a third country or an international organisation may take place only on condition that the controller has obtained prior authorisation in accordance with paragraph 1a and:
Amendment 197 #
2012/0010(COD)
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
Member States shall provide that prior to carrying out a transfer based on paragraph 1, the controller shall obtain prior authorisation from the supervisory authority, in order to ensure the compliance of the transfer with the provisions adopted pursuant to this Directive and to in particular to mitigate the risk involved for the data subject.
Amendment 198 #
2012/0010(COD)
Proposal for a directive
Article 36 – paragraph 1 b (new)
Article 36 – paragraph 1 b (new)
Member States shall provide that when any of the derogations in paragraph 1 is invoked, the controller shall: (a) only transfer the amount of personal data strictly necessary to achieve the aim of the transfer; and (b) document these transfers, including the date and time of the transfer, information about the recipient authority, the justification for the transfer and the data transferred. This documentation shall be made available to the supervisory authority on request.
Amendment 199 #
2012/0010(COD)
Proposal for a directive
Article 36 a (new)
Article 36 a (new)
Amendment 200 #
2012/0010(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Member States shall provide that the members of the supervisory authority must be appointed either by the parliament or the government of the Member State concerned.
Amendment 201 #
2012/0010(COD)
Proposal for a directive
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
Member States shall provide that each supervisory authority shall have the investigative power to obtain from the controller or the processor: (a) access to all personal data and to all information necessary for the performance of its duties; (b) access to any of its premises, including to any data processing equipment and means, where there are reasonable grounds for presuming that an activity in violation of this Directive is being carried out there. The powers referred to in point (b) shall be exercised in conformity with Union law and Member State law.
Amendment 202 #
2012/0010(COD)
Proposal for a directive
Article 46 – paragraph 1 b (new)
Article 46 – paragraph 1 b (new)
Member States shall provide that each supervisory authority shall have the power to bring violations of this Regulation to the attention of the judicial authorities and to engage in legal proceedings.
Amendment 203 #
2012/0010(COD)
Proposal for a directive
Article 47
Article 47
Member States shall provide that each supervisory authority draws up an annual report on its activities. The report shall be presented to the national parliament, and be made available to the Commission and, the European Data Protection Board, and the public. It shall include information on the extent to which competent authorities in their jurisdiction have accessed data held by private parties to investigate or prosecute criminal offences.
Amendment 204 #
2012/0010(COD)
Proposal for a directive
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) advise the CommissEuropean Institutions on any issue related to the protection of personal data in the Union, including on any proposed amendment of this Directive;
Amendment 9 #
2011/2196(INI)
Motion for a resolution
Recital B
Recital B
B. whereas 90% of Europe's citizens live in the regions and regional aviation is a key enabler in providing them with mobility; whereas it also enables business to move into the regions and to spread economic prosperthey should have access to regional aviation via inter-modal mobility;
Amendment 19 #
2011/2196(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas travelling by train contributes on average to a near threefold reduction in energy consumption and CO2 emissions, compared with travelling by plane;
Amendment 33 #
2011/2196(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Understands the need for a public service obligation for air services of economic interest, especially those connecting remote regions and islands; believes that such services would not be economically viable without public money;
Amendment 66 #
2011/2196(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission and Member States to speed up the development of the SESAR and theproject, the Clean Sky initiative and the enforcement of Single European Sky legislation as a matter of urgency; notes that, with the work of SESAR and the important role of EGNOS, regional airports will profit from projects such as remote towers, enhanced capacityspeed and congestion management and improved operational procedures;
Amendment 82 #
2011/2196(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges all parties and institutions involved in the revision of Regulation (EEC) No 95/93 (as amended by Regulation (EC) No 793/2004) to focus on delivering new capacity at airports rather thanfair pricing for regional air services out of the market; considers it essential for regional airports to have access to hubs, and takes the view that this must be considered during the revision of Regulation (EEC) No 95/93, especially in the context of the plans for secondary trading of slots and the envisaged gradual introduction of other market mechanisms, including primary trading, that could result in a severing of links between regional airports and major hubs;
Amendment 85 #
2011/2196(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets that regional airports situated away from urban centres are often not adequately connected to the rail transport network on the ground;
Amendment 97 #
2011/2196(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the need for better integration between modes of transport, as well as the fact that traffic share must be determined by the market; urges the Commission to come forward with a communication encouraging industry to develop multi- modal through ticketing between the rail and air sector; points to the fact that schemes of this kind are already in operation, such as the ‘rail and fly’ tickets being offered by certain carriers in Germanythe EU;
Amendment 103 #
2011/2196(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that alternative train/bus travel should at least be able to operate within a fair pricing framework, based on actual costs, compared with short flight connections by low-cost carriers often operating at regional airports;
Amendment 111 #
2011/2196(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the cost of implementing security measures at smaller regional airports is proportionally higher than at major airports, which benefit from economies of scale; believes, in this connection, that costs should be more evenly shared between passengers, airports and general taxation;
Amendment 117 #
2011/2196(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that the EU directive on airport charges4 only covers airports with more than 5 million passengers and/or the biggest airport in each EU Member State; suggests that the proposal on aviation security charges should take the same approach and that airports with less than 5 million passengers should have security paid out of general taxation; believes that an assessment of the impact on small and medium-sized airports should form a core part of the proposal on aviation security charges as well as of any review of the relevant directives;
Amendment 120 #
2011/2196(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Council to adopt a position on aviation security charges and believes that more stringent security measures should be paid for out of generin a similar way for all taxation, as aviation security is a matter of national securityransport modes, as this should not contribute to further unfair competition;
Amendment 124 #
2011/2196(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges the need for reliable LAG (liquids, aerosols and gels) screening equipment that, as the current equipment does not always ensures a high degree of probability of detection of a wide range of liquid explosives, but; regrets the lack of reliable technology in this area and urges the Commission to consider the consequences for regional airports of adhering to future requirements for LAG screening; considers furthermore that other, better-performing technologies, such as snuffing technologies, are still too expensive and stresses that there is a need for technologies to detect solid explosive materials;
Amendment 129 #
2011/2196(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 137 #
2011/2196(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises that regional airports in trans-border regions which are located in close proximity to each other should demonstrate cooperation and coordination in the use of existing capacities as a precondition for EU co- financing by TEN-T, cohesion and regional funds;
Amendment 138 #
2011/2196(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 140 #
2011/2196(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Regrets that the Commission has not paid attention to the request from Parliament and the Council in Article 10(4) of Decision 884/2004/EC for regional airports to be connected to the network, especially in view of the need for air transport services to Europe's regions to be ensured alongside the development of high-speed rail services, as air transport can in certain circumstances reach further and serve thinner markets more efficiently in terms of time, cost and environmental impact;
Amendment 143 #
2011/2196(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 5 #
2011/2181(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the report of the Reflection Group on the Future of EU Company Law states that "the interest of the company (..) may have priority over the interest of individual shareholders if these two are in conflict and if serving the short term interest of shareholders would have a direct negative impact on the long- term viability of the company". Brussels, 5 April 2011, available on the Commission’s website, pp 37-38
Amendment 7 #
2011/2181(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that binding rules need to be at the core of corporate governance regulation, to be complemented by soft regulation such as codes of best practices;
Amendment 46 #
2011/2181(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages disclosure of the remuneration policy and the annual remuneration report, which should be subject to the approval of the assembly of shareholders; stresses however that the disclosure of individual remuneration of executive and non-executive. Is of the opinion that the pay rise of directors should be consistent with the pay rise of the company; proposes that the percentage increase in remuneration of directors wshould constitute a breach of privacy and should be avoided unless consent is given by the person concernednot be higher than the average pay raise of the employees of the company;
Amendment 48 #
2011/2181(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that the pay raise of Directors should be coherent with the long term viability of the company;
Amendment 52 #
2011/2181(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the board is the body responsible for reviewing and approving the strategy of the company, which includes the company's approach to risk, and should report it meaningfully to shareholders; considers that environmental and social risks should be included insofar as they have a material immust be pacrt on the company, as already required under EU legislationf any risk assessment;
Amendment 3 #
2011/2176(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists that the Court of Justice, as guardian of Union law, must ensure uniformity of the Union legal order and the primacy of European law in this context; urges, therefore, that steps be taken to verify whether an international agreement to which the Union is not a party can confer on the Court of Justice an obligation to hear questions referred for a preliminary ruling, as stated in the draft Agreement on the Unified Patent Court;
Amendment 2 #
2011/2148(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Demands the Commission and the Member States to guarantee transparency in financing and cooperation between military and civil space use strategies;
Amendment 4 #
2011/2148(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the transport sector has a key role to play in achieving the EU 20-20- 20 targets in CO2-emissions and energy consumption as well as the objectives of the Europe 2020 Strategy and that sustainable growth cannot be achieved without an efficient transport sector;
Amendment 16 #
2011/2148(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that surveying dangerous and polluting goods transport should be a priority within satellite based observation and navigation systems;
Amendment 1 #
2011/2096(INI)
Motion for a resolution
Citation 9
Citation 9
– having regard to the Commission’s communications entitled ‘the Citizens’ Network’ (COM(1995)0601) and ‘Action Plan on Urban Mobility’ (COM(2009)0490),
Amendment 2 #
2011/2096(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the Commission’s communication entitled ‘Towards fair and efficient pricing in transport’ of 1995 and whereas the Commission should republish its communication ‘transport and CO2’ COM(98)0204,
Amendment 6 #
2011/2096(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the future European transport and mobility policy should integrate the 20-20-20 targets up to 2020 as a primary basis for decision making within this field, particularly as the transport sector will be amongst the most severely hit by extreme weather conditions resulting from climate change and by unsustainable and increasingly expensive fossil and nuclear energy sources,
Amendment 16 #
2011/2096(INI)
Motion for a resolution
Recital D
Recital D
D. whereas certain goals of the last White Paper were not reached, and the goals set should therefore be regularly checked and assesgainst achieved results and supported by policies designed, implemented and, if necessary, revised in such a way as to reach the agreed objectives; the urgency of their implementation needs to be emphasised,
Amendment 17 #
2011/2096(INI)
Motion for a resolution
Recital E
Recital E
E. whereas carriers, should not besolely be seen as competitors, but should also complement one another in a context of efficient co- modality,with a view to generating an efficient and welfare- maximising modal split and whereas public authorities should therefore discourage unnecessary transport and take the measures necessary to stimulate a shift of traffic towards the most sustainable modes of transport under the guiding principle of an efficient modal distribution ofallocation of transport operations amongst carriers,
Amendment 26 #
2011/2096(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the liberalisationopening of transport markets should go hand in hand withbe conditional to the development of all the regulatory safeguards needed to guarantee that it will result in better quality services, training and employment conditions,
Amendment 35 #
2011/2096(INI)
Motion for a resolution
Paragraph 1 – indent 1
Paragraph 1 – indent 1
– that, by 2013, the Commission should make specific proposals, on the basis of the report on European road safety 2011-2020, to reduce the number of deaths and severe injuries on the roads by 50% in relation to 2010; and to indicate the costs and benefits expected from each concrete proposal in terms of accidents reduction;
Amendment 42 #
2011/2096(INI)
Motion for a resolution
Paragraph 1 – indent 2
Paragraph 1 – indent 2
– that, by 2014, a proposalthe Commission should be submitted a proposal to provide for the internalisation of the external costs of all modes of transport, whilst avoiding double charging and market distortions, in order to increasetransfer investments in mobility, safety and researchto safety, research and climate protection within sustainable mobility; that this proposal should put an end at the unfair approach of fixing maxima for levies on road infrastructure while keeping obligatory minima on charging rail infrastructure use;
Amendment 59 #
2011/2096(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Approves the ten goals set in the White Paper for 2050 as well as the overall target for emissions from transport, but considers that more specific provisions are required for the period until 2020 with regard to funding – in view of the economic situation of individual Member States – and the general challenges facing transport in the field of energy and the environment, and therefore calls on the Commission to draw up legal rules to reach intermediate goals for each of the ten goals of the White Paper and to reach the following additional goals by 2020 (in relation to 2011990 reference figures):
Amendment 61 #
2011/2096(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
– a 230% reduction in carbon dioxide emissions from roadand in other GHGs from transport;
Amendment 63 #
2011/2096(INI)
Motion for a resolution
Paragraph 2 – indent 2 a (new)
Paragraph 2 – indent 2 a (new)
- a noise reduction in rail, air and road transport of 5db at day (d), 10 dB at evening (e) and 15 dB at night (n), affecting densely populated areas;
Amendment 64 #
2011/2096(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
Amendment 67 #
2011/2096(INI)
Motion for a resolution
Paragraph 2 – indent 4
Paragraph 2 – indent 4
Amendment 72 #
2011/2096(INI)
Motion for a resolution
Paragraph 2 – subparagraph 1
Paragraph 2 – subparagraph 1
and calls for all these goals referred to in this paragraph to be considered priorities, which should therefore be checked every year;
Amendment 74 #
2011/2096(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that the Transport Protocol of the Alpine Convention offers a good basis for developing a model of good practise on sustainable transport policy, inspiring other mountain areas in Europe;
Amendment 75 #
2011/2096(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the completion of the European internal transport market should be aimed for, without neglecting economic, employment, environmental and social aspects, and calls on the Commission to ensure that proposals on liberalising the airport, rail, road, and other markets do not lead to social dumping or private monopolies; regulating policy and particularly its enforcement needs to be accelerated;
Amendment 93 #
2011/2096(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that efficient co-modalityintermodal door- to-door chains in passenger mobility and goods transport –should be the guiding idea for future transport policy. This needs to be measured in terms of economic efficiency, environmental protection, social andenergy security, social, health & employment conditions and safety aspects, and geared to existing and plannedccompanied by mobility management and green logistics, thus determining infrastructure investment needs in individual countries and regions – should be the guiding idea for future transport policy, and that these parameters should be used to determine modal distribution in countries and regions rather than retaining the proposed 300 km threshold for goods transport by road; . The modal share of rail and waterborne transport shall be increased to 20% by 2020 and to 50% by 2050. This policy should be accompanied by mobility management and green logistics and be geared to existing and planned infrastructure in individual countries and regions;
Amendment 117 #
2011/2096(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Notes the high degree of dependence of the Union on imported fossil fuels, whose supply from outside the Union is related to significant risks in terms of the Union’s economic security and in terms of the flexibility of its external policy options, and calls upon the Commission to define and regularly measure the Union’s external security of energy supply and to propose legislation to set binding quantitative reduction targets for the use of imported fossil fuels in transport;
Amendment 122 #
2011/2096(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recognises that transport modes are complementary, that this complementarity is to be analysed primarily in terms of distance ranges, welcomes the indicative goals of the Transport White Paper in terms of long-distance overland freight transport and intermediate-distance overland passenger transport, interprets these goals as average values to be achieved in the Union as a whole while fully allowing for national and regional differences, and calls on the Commission to propose legislation on the collection and publication of statistical indicators that would lead to annual monitoring and reporting of progress towards those goals;
Amendment 125 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Stresses that the TEN-T concept should provide for a limited number of sustainable projects with higher levels of fundinga realistic perspective of funding and realisation within this decade, and that:
Amendment 128 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 1
Paragraph 5 – indent 1
– Member States should commit themselves to eliminate the 25 known bottlenecsustainable infrastructure links in the European transport area that can be financed and realised by 2020, to prioritise cross-border rail projects in new Member States and to submit an approved funding plan by 2015;
Amendment 136 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 2
Paragraph 5 – indent 2
– the Commission should commit itself to propose to Member States that its direct funding for such projects should amount to at least 30% of total investments in coordination with regional policy and in accordance with the 20-20-20 targets up to 2020;
Amendment 140 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 3
Paragraph 5 – indent 3
– the Commission should commit itself to support alternative funding models and instruments, including project bonds, and to provide for increased use of that revenue to fund TEN-T projects when making proposals to internalise external costs;
Amendment 151 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 5
Paragraph 5 – indent 5
– project priorities should only be maintained after 2015 if the Member States have taken binding budget decisions which ensure the implementation of the projects and the co-funding of the EU should be based on the ‘use it or lose it’ principle;
Amendment 156 #
2011/2096(INI)
Motion for a resolution
Paragraph 5 – indent 5 a (new)
Paragraph 5 – indent 5 a (new)
- EuroVelo, the European long-distance cycle route network, should be included in the TEN-T network;
Amendment 181 #
2011/2096(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Requests, by 2015, a proposal on urban mobility in which, whilst respecting the principle of subsidiarity, support for projects is made conditional upon the submission of sustainable urban mobility plans which provide for efficient passenger and goods logistics chains, contribute to a reduction in traffic volumes, accidents, impact on climate change and environmental pollution (atmospheric pollution and noise), comply with the standards and targets of European transport policy and are coherent with regard to surrounding towns and regions;
Amendment 188 #
2011/2096(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Asserts that sustainable multi- modality for passengers and goods logistics needs the provision of intermodal connection points and terminals, integrated planning and logistics, as well as integrated education and vocational training;
Amendment 192 #
2011/2096(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the behaviour of transport users is decisive and calls for the creation of incentives to choose sustainable means of transport, where proposals should be made by 2013 to develop, physically active, safe and healthy means of transport and mobility, where a European Commission cross-service strategy on non-motorised transport should be developed and proposals made by 2013 to fix at least 15 % of EU co- funding in transport in favour of infrastructure for pedestrians and cyclists in towns, to double the number ofmodal share of pedestrians, cyclists, car-sharing and passengers on public transport, which mainly uses alternative sources of energy, and to establish e-tickets for multi-modal travel, and where pricing policy should be considered as an incentive;
Amendment 232 #
2011/2096(INI)
Motion for a resolution
Paragraph 11 – indent 2 a (new)
Paragraph 11 – indent 2 a (new)
- to develop concepts and systems that contribute to transport volume reduction and avoidance;
Amendment 238 #
2011/2096(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that bureaucratic hurdles should be reduced for all forms of transport and calls, therefore, for the increased harmonisation of transport documents, particularly for goods transport by road, and for the submission, by 2013, of a proposal on the standardisation of freight documents and e-documents, including also the facilitation of multimodal transport;
Amendment 244 #
2011/2096(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Recognises that low emission / green zones can make an important contribution to improving air quality in urban areas, but cities should have the freedom to design and implement schemes based on their unique circumstances; believes that a central information point for all schemes across the EU should be promoted to enable effective journey planning and a good example would be the expansion of http://www.lowemissionzones.eu and include road pricing zones;
Amendment 255 #
2011/2096(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the fact that direct improvements to, and the standardisation of, loading uninot increasing today’s standardised weights and the dimensions of transport vehicles would, that have been fixed EU wide, optimises multi- modal transport;
Amendment 259 #
2011/2096(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on Member States to support and work towards a level playing field between all modes of transport in terms of energy taxation and Value Added Tax (VAT);
Amendment 262 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 1
Paragraph 15 – indent 1
Amendment 273 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 2
Paragraph 15 – indent 2
Amendment 284 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 2 a (new)
Paragraph 15 – indent 2 a (new)
- to fix EU co-funding for road infrastructure at maximum 20% of the total EU transport co-funding;
Amendment 286 #
2011/2096(INI)
Motion for a resolution
Paragraph 15 – indent 3
Paragraph 15 – indent 3
– the Commission to support Member State initiatives to create a safe and environmentally friendly fleet by means ofall modes by means of bonus-malus tax incenitiatives;
Amendment 329 #
2011/2096(INI)
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
– the dedication of at least 10% of TEN-T fundingEU co-funding for inland waterway projects that have a positive environmental impact assessment, including the promotion of river-adapted ships in sustainable inland navigation (RASSIN) that contribute to finland waterway projecancial savings in waterway infrastructure investments;
Amendment 373 #
2011/2096(INI)
Motion for a resolution
Paragraph 17 – indent 3 a (new)
Paragraph 17 – indent 3 a (new)
- the Commission to strengthen coordination between the Single Sky Regulations and the SESAR and Galileo projects as well as the Clean Sky initiatives, to obtain more efficient energy and GHG emissions reduction measures;
Amendment 382 #
2011/2096(INI)
Motion for a resolution
Paragraph 18 – indent 1
Paragraph 18 – indent 1
– the Commission to take Member States’ commitments in relation to local public transport and existing service levels into account when liberalisopening markets, with the aim of improving current service levels;
Amendment 392 #
2011/2096(INI)
Motion for a resolution
Paragraph 18 – indent 2
Paragraph 18 – indent 2
– a harmonisation of the rules on vehicle registrauthorisation by 2015, so that the certification of rolling stock may not take longer than two months, and relevant changes to the responsibilities of the European Railway Agency and its funding by 2012;
Amendment 396 #
2011/2096(INI)
Motion for a resolution
Paragraph 18 – indent 3 a (new)
Paragraph 18 – indent 3 a (new)
- a boost of a well-conceived railway infrastructure, noise reduction and ERTMS action plan up to 2020 and next 2030, improving considerably co-funding by the EU;
Amendment 407 #
2011/2096(INI)
Motion for a resolution
Paragraph 18 – indent 3 b (new)
Paragraph 18 – indent 3 b (new)
- the allocation of at least 40% of all EU co-funding in transport to railway projects;
Amendment 1 #
2011/2089(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Directive 2009/22/EC on injunctions for the protection of consumers' interests'2,
Amendment 2 #
2011/2089(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to its resolution of 20 January 2011 on the 2009 Report on Competition Policy,
Amendment 3 #
2011/2089(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
Amendment 11 #
2011/2089(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the efforts of Member States to strengthen the rights of victims of unlawful behaviour by introducing legislation aimed at facilitating redress while avoiding an abusive litigation culture; stressewelcomes the Commission's work towards a coherent European approach to collective redress and calls in this context thaton the Commission has still not put forward convincing evidence that, pursuant to the principle of subsidiarity, action is needed at EU level in order to ensure that victims of unlawful behaviour are compensated for damage or lossto come forward with sector-specific initiatives as in the fields of competition and consumer protection, where a specific need has been identified, as well as with a framework including minimum standards for an EU - consistent system;
Amendment 15 #
2011/2089(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 17 #
2011/2089(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 21 #
2011/2089(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 24 #
2011/2089(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view that disputes frequently cover different industry sectors and different areas of law and that victims of unlawful behaviour face the same difficulties in obtaining redress in different sectors, and is concerned that any EU initiatives in the field of collective redress will result in a fragmentation of national procedural and damages laws which will weaken and not strengthen access to justice within the EU; in the event that it is decided after due consideration that a Union scheme of collective redress is needed and desirable, asks that any proposal in the field of collective redress should take the form of a horizontal instrument providing uniform access to justice within the EUBelieves that any proposal in the field of collective redress that would take the form of a horizontal instrument should include minimum standards for an EU-consistent system and should not preclude the adoption of sector-specific initiatives in sectors where a specific need has been identified;
Amendment 32 #
2011/2089(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 37 #
2011/2089(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 42 #
2011/2089(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that collective action under a horizontal instrument should be permissible where the defendant and victims represented are not domiciled in the same Member State (cross-border dimension) andor where the rights alleged to have been infringed are granted by EU legislation (infringement of EU law);
Amendment 62 #
2011/2089(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 2 #
2011/2084(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that whilst Member States' attitudes towards online gambling vary, the sector is an economic activity to which internal market rules, namely freedom of establishment and freedom to provide services, must apply, but reminds that this might pose risks for consumers, especially when through weaker consumer protection it is competition rules which prevail;
Amendment 5 #
2011/2084(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the high level of legal uncertainty in the EU online gambling sector, as evidenced by seven preliminary rulings of the European Court of Justice on gambling since June 2010, which leads to a much greater availability of illegal gaming with high risks for consumers;
Amendment 9 #
2011/2084(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that the European Court of Justice has clarified in recent rulings1 that Member States' regulatory restrictions must be justified, consistent and in line with the legal objectives pursued in order to protect consumers, prevent fraud, avoid high-sum gambling and protect the public order;
Amendment 10 #
2011/2084(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reminds the Commission of the importance of the protection of minors and of appropriate measures to avoid gamblers’ problematic behaviour, namely to restrict their access to online gambling;
Amendment 11 #
2011/2084(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Points out that the measures proposed in the Green Paper, such as DNS-filtering and IP-blocking, have been qualified by experts as not efficient and as resulting in breaching freedom of opinion;
Amendment 12 #
2011/2084(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Welcomes the attempt to find methods to block financial transfers and re- gaining of transfers to companies that are working illegally or in breach of laws;
Amendment 13 #
2011/2084(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Asks the Commission to support consumers if they have been affected by illegal practices and offer them legal support;
Amendment 14 #
2011/2084(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Welcomes the Commission's statement that different games have different inherent risks and asks for a differentiated regulation;
Amendment 15 #
2011/2084(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Asks for minimum standards for consumer protection from online gambling, enabling Member States to have stricter rules;
Amendment 40 #
2011/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Favours the option of setting up an optional instrument (OI) by means of a regulationUrges the Commission to undertake a thorough impact assessment before setting up an optional instrument (OI) by means of a regulation; considers that this impact assessment should include, inter alia, identification of the most suitable legal basis, social and economic impacts, coherence with existing EU, international and private law, possible systems of arbitration in cases of conflict regarding the choice and application of the optional instrument between consumers and businesses, and the level of added value for consumers and businesses of such an optional instrument; believes that such an OI could be complemented by a ‘toolbox’ that should be endorsed by means of an interinstitutional agreement;
Amendment 62 #
2011/2013(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Sees a compelling practical advantage in the flexible and voluntary nature of an opt- in instrument; calls, however, on the Commission to include in any proposal for an OI a mechanism for regular monitoring and review, with the close involvement of all parties concernedclarify the advantages of such an instrument for both consumers and businesses;
Amendment 73 #
2011/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that both business-to-business andin order to cover business- to-consumer contracts should be covered; emphasises that the, a very high level of consumer protection wshould need to be high, as mandatory national provisions, including in the area of consumer law, would be replacbe ensured; calls on the Commission to draft a White Paper where legal provisions on consumer protection should be clearly defined;
Amendment 81 #
2011/2013(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Sees no reason whyBelieves that an OI should not be available as an opt-in both in cross-border and domestic situations, as this would have the advantages of simplicity and cost- saving, especially for the SME sector; believes, howevnd should specifically cover e-commerce transactions; consider,s that the effects of a domestic opt-in on national bodies of contract law meritscope could be eventually enlarged following a thorough and specific analysis;
Amendment 88 #
2011/2013(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that e-commerce or distance-selling contracts account for an important share of cross-border transactions; believes, however, that an OI should not be limited to these types of transaction;
Amendment 96 #
2011/2013(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Sees benefits in an OI containing specific provisions for the most frequent types of contract, in particular for the sale of goods and provision of services; reiterates its earlier call to include insurance contracts within the scope of the OI, believing that such an instrument could be particularly useful for small- scale insurance contracts; points out that some specific issues in connection with which an OI might be beneficial have been raised, such as digital rights and beneficial ownership; considers that, on the other hand, there might be a need to exclude certain types of complex public law contractscalls for the Expert Group to explore the possibility to include contracts in the field of authors' rights with the aim of improving the position of authors who are often the weaker party in the contractual relation;
Amendment 19 #
2011/0455(COD)
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) The Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union should complement regulations on administrative procedures in achieving the objective laid down in Article 298 of the Treaty on the Functioning of the European Union, by ensuring, that in carrying out their missions, the institutions, bodies, offices and agencies of the Union have the support of an open, efficient and independent European administration.
Amendment 20 #
2011/0455(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Believes that the Commission proposal, which mainly tries to make savings to the detriment of low grade staff, is problematic in terms of social justice;
Amendment 22 #
2011/0455(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The savings achieved by means of the reforms introduced by this Regulation should be better distributed among the whole range of ranks by the creation of a progressive rate for the solidarity levy, to be linked to the height of staff grades.
Amendment 31 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Staff Regulations
Article 11 a
Article 11 a
Amendment 37 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 5 b (new)
Article 1 – point 5 b (new)
Staff Regulations
Article 16
Article 16
5b. Article 16 shall be replaced by the following: 'Article 16 An official shall, after leaving the service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits. Officials intending to engage in an occupational activity, whether gainful or not, within two years of leaving the service shall inform their institution thereof, using the form provided by their service, before commencing the occupational activity in question. If that activity will involve lobbying or providing advice on lobbying Union institutions, or could lead to the existence or possibility of a conflict with the legitimate interests of the institution, the Appointing Authority shall, having regard to the interests of the service, forbid him from undertaking it for a period of two years after he has left the service and apply any other conditions it thinks fit. The institution shall, after consulting the Joint Committee, notify its decision within 30 working days of being so informed formally and in writing to the official concerned. The Appointing Authority shall also apply sanctions in cases of breaches of this Article or of its decisions regarding specific occupational activities. Such sanctions shall include withholding, fully or in part, financial or non-financial benefits accrued by the (former) official. All institutions shall regularly publish a list of all cases assessed under this Article, without prejudice to the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data1, and shall produce an annual report which includes statistical information and details of emerging trends. Leave on personal grounds may not be granted to an official for the purpose of his engaging in an occupational activity, whether gainful or not, which will involve lobbying or providing advice on lobbying an Union institution or which could lead to the existence or possibility of a conflict with the legitimate interests of his service. During the two years following his retirement or early retirement, the Appointing Authority shall send the official an annual reminder about his obligations under this Article. _______________ 1 OJ L 8, 12.1.2001, p. 1.';
Amendment 43 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Staff Regulations
Article 22 a
Article 22 a
Amendment 45 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 6 b (new)
Article 1 – point 6 b (new)
Staff Regulations
Article 22 b
Article 22 b
Amendment 101 #
2011/0455(COD)
Proposal for a regulation
Article 1 – point 32 – point a
Article 1 – point 32 – point a
Staff Regulations
Article 66 a – paragraph 2
Article 66 a – paragraph 2
2. The rate of this solidarity levy, which shall apply to the base defined in paragraph 3, shall be 6 %. vary between 6 % and 12 %. From AST1/AD1 up to AST3/AD3, the solidarity levy shall not apply. The rate of 6% shall apply from AST/AD 4 up to AST/AD9. Starting from AST10/AD10 the rate shall be progressive so as to reach 12 % for grades 16.
Amendment 1 #
2011/0437(COD)
Proposal for a directive
–
–
The Committee on Transport and Tourism calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to propose the rejection of the Commission proposal.
Amendment 27 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. This Directive shall not apply to concessions for transport services to the extent that they are governed by other legal acts of the Union.
Amendment 17 #
2011/0430(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In relation to any re-use that is made of the document, public sector bodies may, where practicable, impose conditions on the re-user, such as acknowledgment of source. Any licences for the re-use of public sector information should in any case place as few restrictions on re-use as possible. Open licences available online, which grant wider re-use rights without technological, financial or geographical limitations and relying on open data formats, mayshould also play an important role in this respect. Therefore, Member States should encourage the use of open government licences and licensing of PSI metadata should follow licensing standards as established by e.g. Europeana.
Amendment 23 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
'2. In exceptional cases, in particular wWhere public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights, public sector bodies may be allowed to charge for the re- use of documents over and above the marginal costs, according to objective, transparent and verifiable criteria for the exclusive purpose of covering their costs of digitising documents and making them available to the public, provided this is in the public interest and subject to the approval of the independent authority referred to in Article 4(4), and without prejudice to paragraphs 3 and 4 of this Article.'
Amendment 1 #
2011/0398(COD)
Council position
Recital 3
Recital 3
Amendment 2 #
2011/0398(COD)
Council position
Recital 4
Recital 4
(4) Following the removal of the noisiest aircraft pursuant to Directive 2002/30/EC of the European Parliament and of the Council and Directive 2006/93/EC of the European Parliament and of the Council, an update of how to use operating restriction measures is required to enable authorities to deal with the current noisiest aircraft so as to improve the noise environment around Union airports within the international framework of the Balanced Approach.
Amendment 3 #
2011/0398(COD)
Council position
Recital 9
Recital 9
(9) While noise assessments should be carried out on a regular basis in accordance with Directive 2002/49/EC, such assessments should only lead to additional noise abatement measures if the current combination of noise mitigating measures does not achieve the noise abatement objectives, taking into account expected airport development. For airports where a noise problem has been identified, additional noise abatement measures should be identified in accordance with the Balanced Approach methodology. In order to ensure a wide application of the Balanced Approach within the Union, its use is recommended whenever it is considered adequate by the individual Member State concerned, even beyond the scope of this Regulation. Noise-related operating restrictions should be introduced only when other Balanced Approach measures are not sufficient to attain the specific noise abatement objectives.
Amendment 4 #
2011/0398(COD)
Council position
Recital 14
Recital 14
(14) It is recognised that Member States have decided on noise-related operating restrictions in accordance with national legislation based on nationally acknowledged noise methods, which, as yet, might not be fully consistent with the method described in the authoritative European Civil Aviation Conference Report Doc 29 entitled 'Standard Method of Computing Noise Contours around Civil Airports' (ECAC Doc 29) nor use the internationally recognised aircraft noise performance information. However, the efficiency and effectiveness of a noise- related operating restriction should be assessed in accordance with the methods prescribed in ECAC Doc 29 and the Balanced Approach. Accordingly, Member States should adapt their assessments of operating restrictions in national legislation towards full compliance with ECAC Doc 29.
Amendment 5 #
2011/0398(COD)
Council position
Recital 15
Recital 15
Amendment 6 #
2011/0398(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down, where a noise problem has been identified, rules on the process to be followed for the introduction of noise-related operating restrictions in a consistent manner on an airport-by-airport basis, so as to help improve the noise climate and to limit or reduce the number of people significantly affected by potentially harmful effects of aircraft noise, in accordance with the Balanced Approach.
Amendment 7 #
2011/0398(COD)
Council position
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) to enable the use of operating restrictions in accordance with the Balanced Approach so as to achieve the sustainable development of the airport and air traffic management network capacity from a gate- to-gate perspective.
Amendment 8 #
2011/0398(COD)
Amendment 9 #
2011/0398(COD)
Council position
Article 2 – point 5
Article 2 – point 5
(5) 'noise-related action' means any measure that affects the noise climate around airports, for which the principles of the Balanced Approach apply, including other non- operational actions that can affect the number of people exposed to aircraft noise;
Amendment 10 #
2011/0398(COD)
Council position
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Member States shall ensure that the Balanced Approach is adopted in respect of aircraft noise management at those airports where a noise problem has been identified. To that end, they shall ensure that:
Amendment 11 #
2011/0398(COD)
Council position
Article 5 – paragraph 3 – poind d
Article 5 – paragraph 3 – poind d
(d) not applying operating restrictions as a first resort, but only after consideration of the other measures of the Balanced Approach.
Amendment 12 #
2011/0398(COD)
Council position
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The measures may, within the Balanced Approach, be differentiated according to aircraft type; aircraft noise performance, use of airport and air navigation facilities, flight path and/or the timeframe covered.
Amendment 13 #
2011/0398(COD)
Council position
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 14 #
2011/0398(COD)
Council position
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The data referred to in paragraphs 2 and 3 of this Article shall be limited to what is strictly necessary and shall be provided free of charge, in electronic form, by internet and using the format specified, where applicable.
Amendment 15 #
2011/0398(COD)
Council position
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 16 #
2011/0398(COD)
Council position
Annex II
Annex II
The cost-effectiveness of envisaged noise- related operating restrictions will be assessed taking due account of the following elements, to the extent possible, in quantifiable terms: (1) the anticipated noise benefit, including the health benefit, of the envisaged measures, now and in the future; (2) the safety of aviation operations, including third-party risks; (3) the capacity of the airport; (4) any effects on the European aviation network. In addition, competent authorities may take due account of the following factors: (1(4a) the health and safety of local residents living in the vicinity of the airport; (24b) environmental sustainability, including interdependencies between noise and emissions; (34c) any direct, indirect orand catalytic employment and economic effects, including potential effects on regional economies; (4d) impact on working conditions at airports.
Amendment 46 #
2011/0398(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal;
Amendment 47 #
2011/0398(COD)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to referview the matter to Parliament again if it intends to amend its proposal substantially or replace it with another textDirective 2002/30/EC on 'Operational Restrictions for Noise Reduction at Airports' in a more balanced way, with the aim of efficiently reducing noise at airports, taking into account the health of the citizens and respecting the subsidiarity principle;
Amendment 54 #
2011/0398(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 67 #
2011/0398(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) For obtaining a more realistic view on noise disturbance, the Commission should propose methods of measuring and enforcing noise levels, that include average and peaks values as well as the cumulative effect.
Amendment 77 #
2011/0398(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 87 #
2011/0398(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) to enable selection of the most cost- effective noise mitigareduction measures in accordance with the Balanced Approach so as to achieve themore effective noise reduction measures at the source and thereby the long term sustainable development of the airport and air traffic management network capacity from a gate-to-gate perspective.
Amendment 95 #
2011/0398(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Differentiated measures for noise reduction by operational restrictions, including night bans between 10:00 and 06:00, shall be based on the localisation of each airport, as shown on the noise maps, delivered by the Member Sates on the basis of Directive 2002/49/EC.
Amendment 97 #
2011/0398(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'Air transport area' is an area that includes the airport as well as take off and landing routes and where local noise emissions limits may be exceeded;
Amendment 100 #
2011/0398(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘Balanced Approach’ means the method under which the range of available measures, namelyinter alia noise avoidance, reduction of aircraft noise at the source, health effects from noise, land-use planning and management, noise abatement operational procedures and operating restrictions, is considered in a consistent way with the view to addressing the noise problem in the most cost-effective waof noise avoidance and reduction efficiently on an airport by airport basis.
Amendment 115 #
2011/0398(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall designate competent authorities responsible for adopting measures on operating restrictions, as well asfix the noise limits at different airports, define the noise reduction targets, and choose the most efficient measures for noise reduction. The measures shall be based on WHO noise guidelines for Europe as well as national procedures and the representative organisations of affected citizens shall be consulted by an independent appeal body.
Amendment 146 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point g
Article 4 – paragraph 1 – point g
(g) decide on the measures and provide for sufficient notificatinform the Commission;
Amendment 152 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Article 4 – paragraph 2 – subparagraph 1 – introductory part
Member States shall, when taking noise- related action, consider inter alia the following combinations of available measures, with a view to determining the most cost-effective combination of measures:
Amendment 157 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point c
Article 4 – paragraph 2 – subparagraph 1 – point c
(c) noise abatement operational procedures, including the guidance of take off and landing routes;
Amendment 165 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) not as a first resort, operating restrictions.
Amendment 185 #
2011/0398(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Measures or a combination of measures taken in accordance with this Regulation for a given airport shall not be more restrictive than necessarybe appropriate to achieve the environmental noise abatement objectives set for that airport. Operating restrictions shall be non-discriminatory, in particular on grounds of nationality, identity or activity of aircraft operators.
Amendment 240 #
2011/0398(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Airports shall constantly inform inhabitants near to airports by internet as well at well visible places and by press about the measured noise values of at least the last 24 hours in terms of average and peaks.
Amendment 261 #
2011/0398(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 282 #
2011/0398(COD)
Proposal for a regulation
Annex 1 – section 1 – point 1
Annex 1 – section 1 – point 1
1. Competent authorities willMember States are advised to use noise assessment methods which have been developed in accordance with the ECAC Report Doc 29 ‘Report on Standard Method of Computing Noise Contours around Civil Airports’, 3rd Edition.
Amendment 298 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – heading 1
Annex 2 – heading 1
Assessment of the cost-benefit- effectiveness of noise-related operating restrictions
Amendment 303 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 1 – introductory part
Annex 2 – paragraph 1 – introductory part
The cost-benefit-effectiveness of envisaged noise- related operating restrictions will be assessed taking due account of following elements, to the extent possible, in quantifiable terms:
Amendment 309 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 1 – point 4 a (new)
Annex 2 – paragraph 1 – point 4 a (new)
4a. Changes in economic and social aspects, such as immobilia values, in the neighbourhood of the airports;
Amendment 311 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 1 – point 4 b (new)
Annex 2 – paragraph 1 – point 4 b (new)
4b. Influences on working conditions at the airports;
Amendment 313 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 1 – point 4 c (new)
Annex 2 – paragraph 1 – point 4 c (new)
4c. Effects on the different modes of transport and mobility;
Amendment 314 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 1 – point 4 d (new)
Annex 2 – paragraph 1 – point 4 d (new)
4d. Effects on the external costs;
Amendment 317 #
2011/0398(COD)
Proposal for a regulation
Annex 2 – paragraph 2 – introductory part
Annex 2 – paragraph 2 – introductory part
In addition competent authorities mayshall take due account of following factors:
Amendment 53 #
2011/0397(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
The European Parliament rejects the Commission proposal.
Amendment 56 #
2011/0397(COD)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text, improving the social situation of groundhandling workers and the quality of groundhandling services at airports;
Amendment 77 #
2011/0397(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) For certain categories of groundhandling services, access to the market may come up against safety, security, capacity and space availability constraints. It should therefore be possible to limit the number of authorised suppliers of such groundhandling services. For certain groundhandling services, the Member States shall be entitled to decide a binding limit on the number of suppliers, with the objective of keeping quality of services, productivity, security and safety.
Amendment 127 #
2011/0397(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each of the airports concerned shall establish a committee of representatives of airport users or of organisations representing airport users (‘Airport Users’ Committee‘) as well as representatives of the airports and the staff.
Amendment 142 #
2011/0397(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
All airport users shall be free to self- handleat airports of less the two million passengers or 50.000 tons freight a year shall be free to self-handle the following services: baggage handling, ramp handling, fuel and oil handling, freight and mail handling. Member States shall reserve the right to self-handle to not less than two airport users.
Amendment 148 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Suppliers of groundhandling services shall have free access to the market for the provision of groundhandling services to third parties on any airport whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight for at least the previous three years.
Amendment 153 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall not limit this number to fewer than two suppliers for each category of groundhandling services or, for airports whose annual traffic has been not less than 5 million passengers or 100 000 tonnes of freight for at least the previous three years, to fewer than three suppliers for each category of groundhandling services.
Amendment 186 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Any airport whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight for at least three consecutive years and whose annual traffic subsequently passes under the threshold of 25 million passenger movements or 5100 000 tonnes of freight shall maintain its market open to third- party handling suppliers during at least the first three years following the year it passed under the threshold.
Amendment 192 #
2011/0397(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Any airport whose annual traffic has been for three consecutive years not less than 510 million passenger movements or 1200 000 tonnes of freight and whose annual traffic passes under the threshold of 510 million passenger movements or 1200 000 tonnes of freight shall maintain its market open to third-party handling suppliers during at least the first three years following the year it passed under the threshold.
Amendment 228 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where, following the selection procedure laid down in Articles 7 to 10, a supplier of groundhandling services mentioned in paragraph 1 loses its authorisation to provide these services, Member States mayshall require supplier(s) of groundhandling services which subsequently provide these services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC.
Amendment 234 #
2011/0397(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a supplier of groundhandling services stops providing to an airport user groundhandling services which constitute a significant part of the groundhandling activities of this supplier in cases not covered by paragraph (2), or where a self- handling airport user decides to stop self- handling, Member States mayshall require the supplier(s) of groundhandling services or self-handling airport user which subsequently provide these groundhandling services to grant staff previously hired to provide these services the rights to which they would have been entitled if there had been a transfer within the meaning of Council Directive 2001/23/EC.
Amendment 247 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 10
Article 14 – paragraph 10
10. Exemptions granted by Member States pursuant to paragraph (1) may not exceed a duration of threfive years except for exemptions granted under paragraph 1 (b) and (c). Not later than six months before the end of that period the Member State shall take a new decision on each request for exemption, which shall also be subject to the provisions of this Article.
Amendment 250 #
2011/0397(COD)
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Exemptions granted by Member States under paragraphs (1) (b) and (c) may not exceed a duration of two years. However, a Member State may in accordance with the considerations referred to in paragraph (1), request that this period be extended by a single period of twofive years. The Commission shall decide on such a request. The implementing decision shall be adopted in accordance with the advisory procedure referred to in Article 43 (2).
Amendment 261 #
2011/0397(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. At airports whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight for at least three consecutive years, no undertaking shall be permitted to provide groundhandling services whether as a supplier of groundhandling services or as a self-handling user unless it has been granted the appropriate approval. This shall also apply to sub-contractors. An undertaking meeting the requirements of this Chapter shall be entitled to receive an approval.
Amendment 331 #
2011/0397(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. This Article shall apply only to airports whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight at least the previous three years.
Amendment 347 #
Amendment 410 #
2011/0397(COD)
Proposal for a regulation
Article 30 – paragraph 2 – introductory part
Article 30 – paragraph 2 – introductory part
2. In addition, at airports whose annual traffic has been not less than 510 million passengers or 1200 000 tonnes of freight for at least three consecutive years:
Amendment 432 #
2011/0397(COD)
Proposal for a regulation
Article 31 – paragraph 4 – introductory part
Article 31 – paragraph 4 – introductory part
4. A Member State may, where appropriateshall, on a proposal from the managing body of the airport:
Amendment 446 #
2011/0397(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. At airports whose annual traffic has been not less than 510 million passenger movements or 1200 000 tonnes of freight for at least the previous three years, the managing body of the airport or, where appropriate, the public authority or any other body which controls the airport shall set minimum quality standards for the performance of groundhandling services.
Amendment 477 #
2011/0397(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. At airports whose annual traffic has been not less than 510 million passenger movements or 1200 000 tonnes of freight for at least three consecutive years, suppliers of groundhandling services and self- handling airport users shall report on their operational performance to the Commission.
Amendment 487 #
2011/0397(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Every employee involved in the provision of groundhandling services shall attend at least two days ofthe training relevant for the tasks assigned to the employee and as foreseen by the working and social standards of the airport operator. Every employee shall attend the relevant training when taking up a new job or when a new task is assigned to the employee.
Amendment 522 #
2011/0397(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point a
Article 38 – paragraph 1 – point a
(a) list of Union airports whose annual traffic has been not less than 510 million passenger movements or 1200 000 tonnes of freight for at least the previous three years;
Amendment 524 #
2011/0397(COD)
Proposal for a regulation
Article 38 – paragraph 1 – point b
Article 38 – paragraph 1 – point b
(b) list of Union airports whose annual traffic has been not less than 25 million passenger movements or 5100 000 tonnes of freight for at least the previous three years;
Amendment 532 #
2011/0397(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
Without prejudice to the application of this Regulation, and subject to the other provisions of Union law, Member States mayshall take the necessary measures to ensure protection of rights of workers.
Amendment 26 #
2011/0392(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The systems established under the European satellite navigation programmes are infrastructures set up as trans-European networks of which the usage extends well beyond the national boundaries of the Member States and their trans-border application should be a matter of priority. Furthermore, the services offered through these systems contribute, in particular, to the development of trans- European networks in the areas of transport, telecommunications and energy infrastructures and thus the integration of the services into initiatives such as ITS, ERTMS, RIS, SESAR is crucial.
Amendment 29 #
2011/0392(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to optimise the use of the services provided, the systems, networks and services emerging from the Galileo and EGNOS programmes must be compatible and interoperable with one another and, insofar as possible, with other satellite navigation systems and conventional means of radio navigation.
Amendment 30 #
2011/0392(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Since the Union is responsible, in principle, for financing the programmes in full, it should be transparent and provision should be made for it to own all tangible and intangible assets created or developed under these programmes. In order to comply fully with any fundamental rights relating to ownership, the necessary arrangements with existing owners should be made, particularly for essential elements of the infrastructures and their security. In order to facilitate adoption of satellite navigation by the markets, there is a need to ensure that third parties can make optimum use in particular of the intellectual property rights arising from the programmes which belong to the Union, in particular at social and economic level.
Amendment 31 #
2011/0392(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In addition the revenue generated by the systems should accrue to the Union in order to compensate for the investments that it has made previously. A revenue- sharing mechanism mightshould also be provided for in contracts concluded with private sector companies, based on the principle that losses and profits should be proportional to the investments by the public and private participants.
Amendment 41 #
2011/0392(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The systems, networks and services resulting from the Galileo and EGNOS programmes shall, insofar as possible, be compatible and interoperable with other satellite navigation systems as well as with conventional means of radio navigation.
Amendment 46 #
2011/0392(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Member States may provide additional funding to the Galileo programme. The revenue arising from these contributions shall constitute assigned revenue in accordance with Article 18(2) of the Regulation (EC, Euratom) No 1605/2002. In accordance with the principle of transparent management, the Commission shall communicate any impact on the Galileo programme resulting from the application of this paragraph to the European Parliament, the Council and the Committee in accordance with Article 35 (1) of this Regulation.
Amendment 47 #
2011/0392(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Member States can provide additional funding to the EGNOS programme. The revenue arising from these contributions shall constitute assigned revenue in accordance with Article 18(2) of the Regulation (EC, Euratom) No 1605/2002. In accordance with the principle of transparent management, the Commission shall communicate any impact on the EGNOS programme resulting from the application of this paragraph to the European Parliament, the Council and the Committee in accordance with Article 35 (1) of this Regulation.
Amendment 48 #
2011/0392(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. A revenue-sharing mechanism may be provided for in contracts concluded with private sector entities and shall be proportional to the investments by the public and private sectors.
Amendment 69 #
2011/0391(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Since the environmental aspects may be taken into account in the coordination parameters and regional connectivity can also be fully ensured in the context of the public service obligations, experience has not demonstrated the usefulness of local rules. Furthermore, it cannot be excluded that such rules do not lead to discrimination in allocating slots. Consequently, the option of resorting to local rules should be restricted. All the technical, operational, performance and environmental constraints that should be applied by the coordinators or the facilitators should be defined in the coordination parameters. Recourse to local rules would also be reduced to monitoring the use of slots and the possibility of reducing the length of the series of slots in the cases provided for by this Regulation. With a view to promoting better use of airport capacity, two basic principles in slot allocation should be reinforced, namely the definition of a series of slots and the calculation of historical slots. At the same time, the flexibility given to air carriers should be better regulated with a view to preventing distortions in the application of this Regulation in the Member States. Therefore, better use of airport capacity should be encouraged. The integration of air and rail tickets for shorter rail connections between airports shall be supported.
Amendment 72 #
2011/0391(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Auctioning slots in a framework of environmental criteria should be proposed by the Commission.
Amendment 201 #
2011/0391(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Slots are non-material assets of public utility. They are assigned by airport coordinators so as to ensure maximum transparency, in the interests of Member Sates, citizens living near to the airport, passengers, airport managers, air carriers and airport employees and workers.
Amendment 207 #
2011/0391(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) that air carrier can demonstrate to the satisfaction of the coordinator that the series of slots in question has been operated, as cleared by the coordinator, by that air carrier for at least 850 % of the time during the scheduling period for which it has been allocated.
Amendment 222 #
2011/0391(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 – introductory part
Article 10 – paragraph 5 – subparagraph 1 – introductory part
If the 850 % usage of the series of slots cannot be demonstrated, the priority provided under paragraph (2) shall not be given , unless the non-utilisation can be justified on the basis of any of the following reasons:
Amendment 237 #
2011/0391(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10a Auctioning of slots under a framework environmental criteria. The Commission shall propose a system of auctioning slots under a framework of environmental criteria, favorising airplanes with best performance on reduction of noise, gaseous emissions and climate impact.
Amendment 28 #
2011/0389(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance the independence of statutory auditors and audit firms from the audited entity when carrying out statutory audits, any person or entity that holds rights or have ownership in an audit firm should be independent of the audited entity and should not be involved in the process of decision making of the audited entity.
Amendment 37 #
2011/0389(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Since the objective of this Directive, namely reinforcing public oversight with regard to the auditing of public interest entities and investor protection in the financial statements published by undertakings by further enhancing the quality of statutory audits that are performed within the Union cannot be sufficiently achieved by Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 67 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 3 – point b – point iii
Article 1 – point 3 – point b – point iii
Directive 2006/43/EC
Article 3 – paragraph 4 – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2
Amendment 117 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 14 – point a – point iii
Article 1 – point 14 – point a – point iii
Directive 2006/43/EC
Article 29 – paragraph 1 – subparagraph 1 a (new)
Article 29 – paragraph 1 – subparagraph 1 a (new)
'The competent authority referred to in Article 32 shall make available to interested parties, upon their request,website the report referred to in point (g) of the first subparagraph. The competent authority shall make sure that the report disclosed does not undermine the commercial interests of the audited entity under review, including its industrial and intellectual property.
Amendment 124 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 15 – point a
Article 1 – point 15 – point a
Directive 2006/43/EC
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Member States shall designate a competent authorityies responsible for the public oversight of statutory auditors and audit firms based on the principles set out in paragraphs 2 to 7.
Amendment 137 #
2011/0389(COD)
Proposal for a directive
Article 1 – point 16
Article 1 – point 16
Directive 2006/43/EC
Article 32 a – paragraph 1
Article 32 a – paragraph 1
Member States may allow the competent authority referred to in Article 32 to delegate tasks to other authorities or bodies designated by law only as regards the approval and registration of statutory auditors and audit firms. Any execution of tasks by other authorities or bodies shall be expressly delegated by the competent authority. The delegation shall specify the delegated tasks and the conditions under which they are to be carried out. The authorities or bodies shall be organized in such a manner that there are no conflicts of interest. The ultimate responsibility for supervising compliance with this Directive and the implementing measures adopted pursuant thereto shall lie with the delegating competent authority.
Amendment 21 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.1 – paragraph 2
Annex – part 1 – point 1.1 – paragraph 2
The reasons for putting research, education and innovation at centre stage are straightforward. In a context of increasing global competition and facing a demographic challenge at home, Europe's future economic growth and jobs will increasingly come from innovation breakthroughs in products, services and business models as well as from its ability to nurture, attract and retain talent, and the ability for citizens to use, adopt and apply these innovations. While there are individual success stories across Europe, EU Member States on average underperform in comparison with global innovation leaders. Moreover, the EU is facing increased competition for talent from new centres of excellence in emerging economies.
Amendment 22 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.1 – paragraph 3
Annex – part 1 – point 1.1 – paragraph 3
A genuine change in our innovation systems and paradigms is therefore necessary. Still too often, excellence in higher education, research and innovation, while clearly existing across the EU, remains fragmented. Europe needs to overcome this lack of strategic co- operation across boundaries – countries, sectors and disciplines. Moreover, Europe needs to embrace ahas a strong, open and true entrepreneurial culture, which is essential forith a considerable diversity of small and medium-sized enterprises, which is essential to nurture and help to capturinge the value of research and innovation, forto setting- up new ventures and to achieve actual market deployment of innovations in potential high-growth sectors. Europe needs to foster the role of higher education institutions as engines of innovation, as talented people need to be equipped with the right skills, knowledge and attitudes in order to drive innovation forward.
Amendment 23 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.1 – paragraph 4
Annex – part 1 – point 1.1 – paragraph 4
The EIT has been set up precisely to this end – to contribute to sustainable economic growth and competitiveness by reinforcing the innovation capacity of the Union and its Member States. By fully integrating the knowledge triangle of higher education, research and innovation, the Institute will strongly contribute to tackling societal challenges under Horizon 2020 and bring about systemic change in the way European innovation players collaborate in open and inclusive innovation models.
Amendment 25 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.2 – paragraph 1 – indent 1
Annex – part 1 – point 1.2 – paragraph 1 – indent 1
Overcoming fragmentation via long-term integrated partnerships and achieving critical mass through its European dimension: Building on existing cooperation initiatives, the EIT brings the selected partnerships in the KICs to a more permanent and strategic level. KICs allow world-class partners to unite in new configurations, develop open and inclusive innovation models, optimize existing resources, access new business opportunities via new value chains addressing higher risk, and larger scale challenges. Moreover, while there are a significant number of centres of excellence across EU Member States, they often do not attain the critical mass for global competition individually. The KICs' co- location centres offer strong local actors the opportunity to closely connect to other excellent partners across borders, thereby allowing them to act and be recognized globally.
Amendment 26 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.2 – paragraph 1 – indent 4a (new)
Annex – part 1 – point 1.2 – paragraph 1 – indent 4a (new)
Amendment 27 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.3 – paragraph 2
Annex – part 1 – point 1.3 – paragraph 2
The EIT will strongly contribute to the objectives set out in Horizon 2020, in particular by addressing societal challenges in a complementary way to other initiatives in these areas. Within Horizon 2020, the EIT will be part of the ‘tackling societal challenges’ objective but following the approach of seamless interaction across objectives, it will also contribute to ‘industrial leadership and competitive frameworks’ by stimulating results-driven research and fostering the creation of open and inclusive innovation models among high growth innovative SMEs. Finally, it will contribute to the creation of an ‘excellent science base’ by fostering mobility across boundaries – of disciplines, sectors and countries – and by embedding entrepreneurship and a risk-taking culture in innovative post-graduates degrees. The EIT will thereby significantly contribute to promoting the framework conditions that are needed to realise the innovative potential of EU research and to promote the completion of the European Research Area (ERA).
Amendment 29 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.3 – paragraph 3
Annex – part 1 – point 1.3 – paragraph 3
Moreover, the EIT brings a fully fledged education dimension, through open access and knowledge dissemination, to the EU's research and innovation policy. Via innovative, entrepreneurial education it plays an important bridging role between the research and innovation framework and education policies and programmes and provides the long term commitment needed to deliver sustainable changes in higher education. Notably through new, trans and interdisciplinary EIT-labelled degrees the EIT is leading a collaborative effort towards education for innovation with clear spill over effects on the broader European agenda for the modernisation of higher education institutions thereby promoting the European Higher Education Area.
Amendment 30 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.3 – paragraph 8 – indent 1
Annex – part 1 – point 1.3 – paragraph 8 – indent 1
· EIT ICT Labs liaises and works closely with the future Internet Public Private Partnership, the Artemis Joint Technology Initiative and EUREKA initiatives such as ITEA (Information Technology for European Advancement), and the Trust in Digital Life partnership. By applying KIC ‘c‘Business Catalysts’ such as the Innovation Radar, the Patent BoosterAccess to Finance and the Technology Transfer along the lifecycle of EU funded research projects, EIT ICT Labs boosts their market impact. By offering access to its co-location centres it can enhance the mobility of people and ideas across Europe.
Amendment 34 #
2011/0387(COD)
Proposal for a decision
Annex – part 2 – point 2.2 – paragraph 2
Annex – part 2 – point 2.2 – paragraph 2
In the future, the EIT must work to make the KIC experience understandable and replicable and build it into a culture that can act as a role model in Europe and beyond. By identifying, analysing and sharing good practices, as well as new governance and funding models from the KICs, the EIT seeks to ensure that knowledge generated within the EIT and its KICs is disseminated and capitalised upon for the benefit of people andthe general public, private entities and the institutions, including those not directly participating in the KICs.
Amendment 35 #
2011/0387(COD)
Proposal for a decision
Annex – part 2 – point 2.2 – paragraph 4
Annex – part 2 – point 2.2 – paragraph 4
Main drivers of learning at EIT level may be: innovation-driven research for the creation of new businesses and new business models, management of IP portfolios and new approaches to IP sharingnew approaches to IP sharing and management of IP portfolios providing for maximum protection of competitive conditions, entrepreneurship and new integrated forms of multi- disciplinary education; innovative governance and financial models based in the concept of open innovation or involving public authorities. This will help the EIT to be a role model and to act as a ‘game shifter’ in the European innovation landscape and to become an internationally recognised innovation institution.
Amendment 36 #
2011/0387(COD)
Proposal for a decision
Annex – part 2 – point 2.2 – paragraph 7
Annex – part 2 – point 2.2 – paragraph 7
Moreover, the EIT has a clear role to play in attracting talent from outside the EU. By creating a strong brand and forging strategic relations with key partners from around the globe, the EIT can add to the attractiveness of the partners within the KICs. In close cooperation with the KICs, the EIT should develop a strong international strategy, identifying and liaising relevant interlocutors and potential partners. In this context the EIT and its KICs should take full advantage of existing EU initiatives in the area, such as the ‘Erasmus for all’ programme and the Marie Curie Actions. In addition, the EIT can foster open access, inclusive innovation, knowledge sharing, mentoring and networking by encouraging the setting up of an EIT alumni network.
Amendment 39 #
2011/0387(COD)
Proposal for a decision
Annex – part 3 – point 3.2 – paragraph 2
Annex – part 3 – point 3.2 – paragraph 2
Moving away from a merely administrator role, the EIT headquarters will optimise their operational functions to steer the KICs to maximum performance and make good results widely available. There are efficiency gains to be achieved from providing a number of centralised services and functions, rather than at individual KIC level. While all KICs work on specific themes, a number of elements are of a cross-cutting nature and it is precisely there where the EIT can provide tangible added value. Such knowledge provider functions can relate notably to the EIT headquarters becoming an information broker and resourceful interlocutor, e.g. in fostering cross-KIC exchange and mutual learning, facilitating relations with the EU institutions and other key organisations, such as the Organisation for Economic Co- operation and Development (OECD), or on specific cross-cutting issues, such as counselling on IP, technologycompetition and intellectual property law, open access and knowledge transfer, benchmarking against international best practices, or undertaking anticipation and foresight studies to identify future directions for the EIT and the KICs. The EIT and KICs should decide together where these tasks can be most effectively dealt with. In this regard, it will be of crucial importance for the EIT and the KICs to establish viable mechanisms for systematic collaboration around cross- cutting issues.
Amendment 14 #
2011/0384(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The rules concerning the management of intellectual property rightdissemination of results via licensing and open access are defined in the Rules for Participation.
Amendment 18 #
2011/0384(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Although initially foreseen, the EIT Foundation will not receive a direct contribution from the EU budget, but the EU discharge procedure should notstill apply to it.
Amendment 19 #
2011/0384(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Regulation (EC) No 294/2008
Article 2 – paragraph 10
Article 2 – paragraph 10
10. Stakeholder Forum means a meeting open to representatives of national and regional authorities, organized interests and individual entities from business, higher education, and research, cluster organisations, as well as other interested parties from civil society and from across the knowledge triangle.
Amendment 20 #
2011/0384(COD)
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No 294/2008
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) convene, at least once a year, the Stakeholders Forum to inform about the activities of the EIT, its experiences, good practices and contribution to Union innovation, research and education policies and objectives. SAll stakeholders shall be invited to express their views.
Amendment 21 #
2011/0384(COD)
Proposal for a regulation
Article 1 – point 6 – point d
Article 1 – point 6 – point d
Regulation (EC) No 294/2008
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The majority of the partner organisations forming a KIC shall be established in the Member States. AEach KIC shall be constituted by at least one higher education institution and one private company shall be part of each KIC. 2011/0384(COD).entity. Or. en JustificationFollowing paragraph 10 as added by the Commission proposal
Amendment 22 #
2011/0384(COD)
Proposal for a regulation
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 294/2008
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) revenue generated by the KICs' own activities and royalties from intellectual property rights;.
Amendment 24 #
2011/0384(COD)
Proposal for a regulation
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 294/2008
Article 15 – subparagraph b
Article 15 – subparagraph b
(b) an annual report to be made public by 30 June each year. The report shall outline the activities conducted by the EIT and the KICs during the preceding calendar year and assess the results with respect to the objectives, indicators and timetable set, the risks associated with the activities carried out, the use of resources and the general operation of the EIT.
Amendment 217 #
2011/0359(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) It is also important that the role of the audit committee in the selection of a new statutory auditor or audit firm be reinforced, for the benefit of a more informed decision of the general meeting of shareholders or members of the audited entity. Hence, when making a proposal to the general meeting, the board should explain whether it follows the recommendation of the audit committee and, if not, why. The recommendation of the audit committee should include at least two possible choices for the audit engagement and a duly justified preference for one of them, so that the general meeting can make a real choice. In order to provide a fair and proper justification in its recommendation, the audit committee should use the results of a mandatory selection procedure organised by the audited entity, under the responsibility of the audit committee. In such selection procedure, the audited entity should invite statutory auditors or audit firms, including smallernon-dominant ones, to present proposals for the audit engagement. Tender documents should contain transparent and non- discriminatory selection criteria to be used for the evaluation of proposals. Considering, however, that this selection procedure could entail disproportionate costs for companies with reduced market capitalisation or small and medium-sized public-interest entities having regard to their dimension, it is appropriate to relieve such entities from this obligation.
Amendment 222 #
2011/0359(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The appointment of more than one statutory auditor or audit firm by the public-interest entities would reinforce the professional scepticism and contribute to increasing audit quality. Also, this measure combined with the presence of smallernon- dominant audit firms would facilitate the development of the capacity of such firms, thus contributing to increasing the choice of statutory auditors and audit firms for public-interest entities. Therefore, the latter should be encouraged and incentivised to appoint more than one statutory auditor or audit firm to carry out the statutory audit.
Amendment 242 #
2011/0359(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) This regulation recognises co- statutory audit as an effective way to improve audit quality, strengthen the independence of auditors and contribute to the decentralization of the audit market. The co-statutory audit is based on a balanced division of tasks and a review of the other auditors work. It both allows the auditors to form their own opinion on the financial statements and helps reduce the risk of familiarity between the auditor and the audited entity.
Amendment 243 #
2011/0359(COD)
Proposal for a regulation
Recital 47 b (new)
Recital 47 b (new)
(47b) Reporting on the audited entities' performance on their official Corporate Social Responsibility (CSR) policy as well as on non-financial provisions contained in the fourth directive on annual accounts 2003/51/EC is conducive to investor’s needs and to public demands for greater responsibility of public interest entities.
Amendment 244 #
2011/0359(COD)
Proposal for a regulation
Recital 47 c (new)
Recital 47 c (new)
(47c) Traditionally auditors have conducted ex-post audits and the main objective has been to verify income, expenses assets and liabilities, which have generally been the outcome of past transactions. However, the intensification of finance in economy has produced new complex financial instruments whose value is dependent on uncertain future events and marked volatility which challenges the reliability of audit reports and the understanding of overall risk.
Amendment 245 #
2011/0359(COD)
Proposal for a regulation
Recital 47 d (new)
Recital 47 d (new)
(47d) Any sign of aggressive tax planning of an PIE should be communicated without delay to the competent authority and the national tax authority.
Amendment 251 #
2011/0359(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Where a cooperative within the meaning of Article 2(14) of Directive 2006/43/EC, or savings bank as referred to in Article 45 of Directive 86/635/EEC, a subsidiary or a legal successor of a cooperative, or savings bank as referred to in Article 45 of Directive 86/635/EEC is required or permitted under national provisions to be a member of a non-profit- making auditing entity, an objective, reasonable and informed party would not conclude that the membership-based relationship compromises the statutory auditor's independence, provided that when such an auditing entity is conducting a statutory audit of one of its members, the principles of independence laid down in this Chapter are applied to the auditors carrying out the audit and those persons who may be in a position to exert influence on the statutory audit.
Amendment 262 #
2011/0359(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Employees of a statutory auditor or an audit firm carrying out a statutory audit of a public-interest entity as well as any other natural person whose services are placed at the disposal or under the control of such auditor or firm shall not, when such employees or other natural persons are personally approved as statutory auditors, before a period of at least onefour years has elapsed since he or she was directly involved in the statutory audit activities, take up any of the duties referred to in points (a), b) and (c) of paragraph 1.
Amendment 269 #
2011/0359(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. When the statutory auditor or audit firm provides to the audited entity related financial audit services, as referred to in Article 10(2), the fees for such services shall be limited to no more than 105% of the fees paid by the audited entity for the statutory audit. Where the audited entity has appointed more than one statutory auditor or audit firm, the fees for the related financial audit services referred to in Article 10(2) shall be limited for each statutory auditor or audit firm, to no more than 15% of the fees paid by the audited entity for the statutory audit.
Amendment 345 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii a (new)
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii a (new)
(viiia) general management consultancy services
Amendment 349 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii b (new)
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii b (new)
(viiib) tax consultancy and advising services
Amendment 351 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii c (new)
Article 10 – paragraph 3 – subparagraph 3 – point a – point viii c (new)
Amendment 366 #
2011/0359(COD)
Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 3 – point b – point iv
Article 10 – paragraph 3 – subparagraph 3 – point b – point iv
(iv) due diligence services to the vendor or the buy side on potential mergers and acquisitions and providing assurance on the audited entity to other parties at a financial or corporate transaction.
Amendment 423 #
2011/0359(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the reporting requirements as referred to in Articles 22 and 23, the scope of statutory audit shall not include the assuranceoverall risks on the future viability of the audited entity norand auditors may report on the efficiency or effectiveness with which the management or administrative body has conducted or will conduct the affairs of the entity.
Amendment 424 #
2011/0359(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
The statutory auditor or the audit firm shall maintain professional scepticism in particular when reviewing management estimates relating to fair valuevaluation methods such as fair value, overall risks and the impairment of goodwill and other intangible and future cash flow relevant to the consideration of the going concern.
Amendment 427 #
2011/0359(COD)
Proposal for a regulation
Article 16 – paragraph 5 – subparagraph 1 – point c
Article 16 – paragraph 5 – subparagraph 1 – point c
(c) an audit plan setting out the probable scope and method of the statutory audit; and, where more than one statutory auditor or audit firm have been appointed, the distribution of tasks among the appointed statutory auditors or audit firms
Amendment 433 #
2011/0359(COD)
Proposal for a regulation
Article 21 – paragraph 1 – indent 2
Article 21 – paragraph 1 – indent 2
– an additional report to the audit committee and the competent authority in accordance with Article 23 c.
Amendment 434 #
2011/0359(COD)
Proposal for a regulation
Article 21 – paragraph 1 – indent 2 a (new)
Article 21 – paragraph 1 – indent 2 a (new)
- an additional non-financial and CSR report in accordance with Article 23 b
Amendment 436 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The audit report shall be in writing and in digital form. It shall at least:
Amendment 446 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point n
Article 22 – paragraph 2 – point n
(n) explain to what extent the statutory audit was designed to detect off balance sheet assets and irregularities, including fraud;
Amendment 454 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point w a (new)
Article 22 – paragraph 2 – point w a (new)
(wa) report on the audited entity's CSR performance with regard to its official CSR policy
Amendment 455 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. When more than one statutory auditor or audit firm have been appointed to carry out the statutory audit of the public-interest entity, they shall agree on the results of the statutory audit and submit a joint report and opinion. In case of disagreement, each statutory auditor or audit firm shall submit his, her or its opinion separately. If one statutory auditor or audit firm qualifies his, her or its opinion, submits an adverse opinion or a disclaimer of opinion, the overall opinion shall be considered as qualified, adverse opinion or a disclaimer of opinion. In a separate paragraph each statutory auditor or audit firm shall state the reasons of disagreement. In case of disagreement, each auditor shall report to the competent authority their reasoned opinion.
Amendment 457 #
2011/0359(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The audit report shall not be longer than four pages or 10000 characters (without spaces). It shall not contain any cross- references to the additional report to the audit committee referred to in Article 23. Auditors shall strive to write in non- technical language and the audit report shall contain explanations of any technical term used.
Amendment 462 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
The statutory auditor(s) or the audit firm(s) carrying out statutory audit of public- interest entities shall submit an additional report to the audit committee of the audited entity and to the competent authority.
Amendment 478 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point f
Article 23 – paragraph 2 – point f
(f) indicate and explain judgments about material uncertainty and overall risks that may cast doubt about the entity's ability to continue as a going concern;
Amendment 482 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point n a (new)
Article 23 – paragraph 2 – point n a (new)
(na) indicate whether there are any signs that the audited entity has any assets off balance sheet.
Amendment 483 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point n b (new)
Article 23 – paragraph 2 – point n b (new)
(nb) describe the efficiency and effectiveness with which the management or the administrative body has conducted or will conduct the affairs of the audited entity
Amendment 484 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point n c (new)
Article 23 – paragraph 2 – point n c (new)
(nc) indicate any sign of aggressive tax planning strategies of a public interest entity. When becoming aware of aggressive tax planning strategies of a public interest entity, the statutory auditor or audit firm shall automatically alert the competent authority and the respective national tax authorities.
Amendment 489 #
2011/0359(COD)
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Upon request, tThe statutory auditor(s) or the audit firm(s) shall make available without delay the additional report to the competent authorities.
Amendment 490 #
2011/0359(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Additional non-financial and Corporate Social Responsibility (CSR) report From 1.1.2014, the statutory auditors(s) or the audit firm(s) carrying out statutory audit of public-interest entities shall submit an additional report on the non- financial and CSR performance of public interest entities. The public interest entities shall make public an annual non- financial and CSR report at the latest three months after the end of each financial year. The annual non-financial and CSR report shall be published on the website of the statutory auditor or audit firm and shall remain available on that website for at least five years. Further the additional audit report shall contain the official CSR policy of the audited public interest entity. CSR is here understood as the public interest entities voluntary integrated responsibility with regards to human rights, social issues, environmental issues, climate issues and the fighting of corruption. If the public interest entity have no CSR policy on these issues the auditor shall note this in the audit report. The CSR reporting should be separate form the non-financial reporting. The CSR reporting shall at least contain: (a) the CSR policy of the public interest entity, standards, guidelines or principles of social responsibility. If the policies is adopted from UN Global Compact, the ILO or OECD guidelines (b) how the public interest entity transform its CSR policy into action and systems or procedures on this matter. (c) the management of public interest entity own judgement of the performance on the CSR policy and the expectations of future CSR policy. The Commission shall draft a delegated act by 1.7.2013, laying out mandatory standards for auditors to report on the audited entities' performance on their official Corporate Social Responsibility (CSR).
Amendment 498 #
2011/0359(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
The statutory auditor(s) or audit firm(s) shall report to the audit committee on key matters arising from the statutory audit, and in particular on material weaknesses in internal control in relation to the financial reporting process. Upon request of any of the parties, the statutory auditor(s) or audit firm(s) shall discuss these matters with the audit committee., and, when more than one statutory auditor or audit firm have been appointed, the distribution of tasks between them
Amendment 504 #
2011/0359(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
An audit firm that carries out statutory audits of public-interest entities shall make public on its website its annual financial report within the meaning of Article 4(2) of Directive 2004/109/EC at the latest fourthree months after the end of each financial year.
Amendment 507 #
2011/0359(COD)
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 – point k a (new)
Article 27 – paragraph 2 – subparagraph 1 – point k a (new)
(k a) a statement on the official CSR policy of the statutory auditor
Amendment 512 #
2011/0359(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
A statutory auditor or audit firm shall provide annually to his, her or its competent authority a list of the audited public-interest entities by revenue generated from them. This shall be provided in aggregated form to ESMA.
Amendment 532 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2
Article 32 – paragraph 1 – subparagraph 2
Where Article 37(2) of Directive 2006/43/EC applies, the public-interest entity shall only inform the competent authority of the use of the alternative systems or modalities referred to in that Article; in this case paragraphs 2 to 6 of this Article shall not apply.
Amendment 535 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 2 – subparagraph 3
Article 32 – paragraph 2 – subparagraph 3
When it concerns the renewal of an audit engagement in accordance with the second subparagraph of Article 33(1), the audit committee shall, for the preparation of its recommendation, take into consideration any findings and conclusions on the recommended statutory auditor or audit firm referred to in Article 40(6) and published by the competent authority pursuant to Article 44(d). In this case the public-interest entity shall provide a publicly available justification of the re- appointment of the statutory auditor
Amendment 541 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 1 – point b
Article 32 – paragraph 3 – subparagraph 1 – point b
(b) the audited entity shall be free to choose the method to contact the invited statutory auditor(s) or audit firm(s) and shall not be required to publish a call for tenders in the Official Journal of the European Union and/or in national gazettes or newspapers;.
Amendment 548 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 3 – subparagraph 3
Article 32 – paragraph 3 – subparagraph 3
For the purposes of point (a) of the first subparagraph, the competent authority referred to in Article 35(1) shall make public a list of the auditors and audit firms concerned which shall be updated on an annual basis. The competent authority shall use the information provided by statutory auditors and audit firms pursuant to Article 28 to make the relevant calculations. This shall be provided in aggregated from to ESMA.
Amendment 555 #
2011/0359(COD)
Proposal for a regulation
Article 32 – paragraph 7 – subparagraph 2
Article 32 – paragraph 7 – subparagraph 2
The public-interest entity shall inform directly and without delay the competent authorities referred to in Article 35 of any attempt by a third party to impose such a contractual clause or to otherwise influence the decision of the general meeting of shareholders on the selection of a statutory auditor or audit firm.
Amendment 573 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 2 a (new)
Article 33 – paragraph 1 – subparagraph 2 a (new)
The public-interest entity shall launch a public tendering process of the statutory auditor contract every third year in accordance with Article 32 (3).
Amendment 597 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 4 a (new)
Article 33 – paragraph 1 – subparagraph 4 a (new)
In case an audit is performed by more than one statutory auditor or audit firm, each of them shall review the work undertaken by the other statutory auditor(s) or audit firm(s) in order to evaluate the sufficiency and appropriateness of audit evidence obtained to form an opinion on the financial statement
Amendment 616 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, on an exceptional basis the public- interest entity may request the competent authority referred to in Article 35(1) to grant an extension to re-appoint the statutory auditor or audit firm for an additional engagement. In case of appointment of two statutory auditors or audit firms, this third engagement shall not exceed three years. In case of appointment of one statutory auditor or audit firm, this third engagement shall not exceed two years. In the case of re-appointment the public-interest entity shall provide a publicly available justification of the re- appointment of the statutory auditor
Amendment 617 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 1
Article 33 – paragraph 4 – subparagraph 1
The key audit partner(s) responsible for carrying out a statutory audit shall cease his, her or their participation in the statutory audit of the audited entity after a period of sevenfour years from the date of appointment has elapsed. He, she or they may participate in the statutory audit of the audited entity again after a period of at least three years.
Amendment 618 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2
Article 33 – paragraph 4 – subparagraph 2
The statutory auditor or audit firm shall establish an appropriate four year gradual rotation mechanism with regard to the most senior personnel involved in the statutory audit, including at least the persons who are registered as statutory auditors. The gradual rotation mechanism shall be undertaken in phases on the basis of individuals rather than of a complete team. It shall be proportionate in view of the scale and the dimension of the activity of the statutory auditor or audit firm.
Amendment 621 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 4 – subparagraph 2 a (new)
Article 33 – paragraph 4 – subparagraph 2 a (new)
An auditor switching to another statutory auditor or audit firm shall cease to be involved in auditing a PIE or its related third parties the auditor was involved in previously for a period of four years
Amendment 628 #
2011/0359(COD)
Proposal for a regulation
Article 33 – paragraph 6 – subparagraph 1
Article 33 – paragraph 6 – subparagraph 1
ESMA shall develop draft regulatory technical standards to specify technical requirements on the content of the handover file referred to in paragraph 6 and on the performance of statutory audits by more than one statutory auditor or audit firms including the distribution of tasks between auditors. The latter should at least include: (a) the principle that shall govern the distribution of the tasks to be carried out by each statutory auditor or audit firm; (b) the principles that shall govern the regular redistribution of the tasks during the course of the audit engagement; (c) the minimum content of the working arrangement between the appointed statutory auditor or audit firms, including the audit working plan.
Amendment 638 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – introductory part
Article 35 – paragraph 1 – subparagraph 2 – introductory part
The competent authority/authorities shall be one of the following:
Amendment 641 #
2011/0359(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 2 – point c
Article 35 – paragraph 1 – subparagraph 2 – point c
(c) the competent authorityies referred to in Article 32 of Directive 2006/43/EC.
Amendment 669 #
2011/0359(COD)
Proposal for a regulation
Article 40 – paragraph 5 – subparagraph 1 – point b
Article 40 – paragraph 5 – subparagraph 1 – point b
(b) adequate compliance testing of procedures and a review of audit files of public interest entities in order to verify the effectiveness of the internal quality control system; including appropriate division of tasks
Amendment 675 #
2011/0359(COD)
Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1 a (new)
Article 46 – paragraph 1 – subparagraph 1 a (new)
Article 19 of the REGULATION (EU) No 1095/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Supervisory Authority (European Securities and Markets Authority), relating to the settlement of disagreements between competent authorities in cross- border situations, setting out the powers of binding mediation, shall apply to all relevant articles of this Regulation and directive [to be inserted]
Amendment 705 #
2011/0359(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Colleges of competent authorities may be established in order to facilitate the exercise of the tasks referred to in Articles 40, 41, 50, 51, 52 and 61 with regard to specific statutory auditors, audit firms or their networks, or any other matter relevant for the implementation of this regulation and directive [to be inserted] The colleges of competent authorities shall provide an effective and flexible permanent forum for cooperation and coordination among the authorities responsible for and involved in supervision. Where appropriate, colleges may cooperate with other authorities.
Amendment 708 #
2011/0359(COD)
Proposal for a regulation
Article 53 – paragraph 7 a (new)
Article 53 – paragraph 7 a (new)
7 a. The competent authorities involved in the supervision of any of the relevant activities of a cross-border statutory auditor or audit firm operating in at least 15 member states, shall form a college of competent authorities. ESMA shall be part of the colleges and act in accordance with article 21 of REGULATION (EU) No 1095/2010.
Amendment 722 #
2011/0359(COD)
Proposal for a regulation
Article 62 – paragraph 2 – point h a (new)
Article 62 – paragraph 2 – point h a (new)
(h a) an immediately end of the audit engagement concerned following the procedure of normal expiry of the maximum duration of engagement as described in article 33, 2
Amendment 104 #
2011/0308(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to provide for enhanced transparency of payments made to governments, large undertakings and public interest entities which are active in the extractive industry or logging of primary forests should disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate. Such undertakings are active in countries rich in natural resources, in particular minerals, oil, natural gas as well as primary forests. The report, which should include types of payments comparable to those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU marketform part of the notes to the financial statements, should also include certain contextual information. These measures aim at enabling investors to make better-informed decisions, improving corporate governance and accountability and contributing to containing tax evasion. The report should incorporate disclosures on a country basis, with certain additional reporting requirements on a project basis for undertakings active in the extractive industry or logging of primary forests.
Amendment 109 #
2011/0308(COD)
Proposal for a directive
Recital 33
Recital 33
(33) TIn the reports should serve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria and account to their citizens for payments such governments receive from undertakingsby large undertakings and public interest entities which are active in the extractive industry or loggersing of primary forests operating within their jurisdiction. The report should incorporatpayments to governments should also be disclosuresed on a country and project basis, where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a concession, geographical basin, etc andequivalent to the contract, licence, lease, concession or other legal agreement which gives rise to a company's tax and revenue liabilities in each country where it operates; where any payments have been attributed to such projects. In the light of the overall objective of promoting good governance in these countries, the materiality of payments to b liabilities are incurred on a different basis, disclosure should be on that basis. However, the disclosure requirements on a project basis should be limited to projects for which the total amount of payments exceeds EUR 50 000. The reporteds should be assessed in relation to the recipient government. Various criteria on materiality could be envisaged such as payments of an absolute amount, or a percentage threshold (such as payments in excess of a percentage of a country's GDP) and these can be defined through a delegated act. The reporting regime should be subjeinclude types of payments comparable to those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade)1 and the Timber Regulation2 which require traders of timber products to a review and a report by the Commission within five years of the entry into force of the Directiveexercise due diligence in order to prevent illegal wood from entering into the EU market. The reviewports should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security. The review should also take into account the experience of preparers aserve to facilitate governments of resource-rich countries in implementing the EITI Principles and Criteria and account to their citizens for payments such governments receive from undertakings active in the extractive ind users of the payments information and consider whetry or loggers of primary forests operating within their it would be appropriate to include additional payment information such as effective tax rates and recipient details, such as bank account informationjurisdiction. ______________ 1 http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri =OJ:L:2005:347:0001:0006:EN:PDF 2 Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010. Companies that import wood products under EU voluntary agreements will be exempt from this requirement.
Amendment 114 #
2011/0308(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) The reporting regime on payments to governments should be subject to a review and a report by the Commission within four years of the entry into force of this Directive. The review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security. It should also consider whether the reporting obligations for undertakings which are active in the extractive industry or logging of primary forests should be extended to certain other industries, including in particular fisheries. The review should also take into account the experience of preparers and users of the payments information and should consider whether it would be appropriate to include additional payment information such as effective tax rates and recipient details such as bank account information.
Amendment 128 #
2011/0308(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 129 #
2011/0308(COD)
Proposal for a directive
Article 7
Article 7
Alternative measurement basis of fair 1. By way of derogation from Article 5(1)(i) and subject to the conditions set out in this Article: (a) Member States shall permit or require in respect of all undertakings or any classes of undertaking measurement of financial instruments, including derivative financial instruments, at fair value. (b) Member States may permit or require in respect of all undertakings or any classes of undertaking measurement of specified categories of assets other than financial instruments at amounts determined by reference to fair value. Such permission or requirement may be restricted to consolidated financial statements. 2. For the purpose of this Directive, commodity-based contracts that give either contracting party the right to settle in cash or some other financial instrument shall be considered to be derivative financial instruments, except when the following conditions are complied with: (a) they were entered into and continue to meet the undertaking's expected purchase, sale or usage requirements; (b) they were designated as commodity- based contracts at their inception; (c) they are expected to be settled by delivery of the commodity. 3. Paragraph 1(a) shall apply only to the following liabilities: (a) liabilities held as part of a trading portfolio; (b) derivative financial instruments. 4. Measurement according to paragraph 1(a) shall not apply to the following: (a) non-derivative financial instruments held to maturity; (b) loans and receivables originated by the undertaking and not held for trading purposes; (c) interests in subsidiaries, associated undertakings and joint ventures, equity instruments issued by the undertaking, contracts for contingent consideration in a business combination as well as other financial instruments with such special characteristics that the instruments, according to what is generally accepted, shall be accounted for differently from other financial instruments. 5. By way of derogation from Article 5(1)(i), Member States may in respect of any assets and liabilities which qualify as hedged items under a fair value hedge accounting system, or identified portions of such assets or liabilities, permit measurement at the specific amount required under that system. 6. By way of derogation from paragraphs 3 and 4 of this Article, Member States may permit or require the recognition, measurement and disclosure of financial instruments in conformity with international accounting standards adopted in accordance with Regulation (EC) No 1606/2002. 7. The fair value within the meaning of this Article shall be determined by reference to one of the following values: (a) a market value, for those financial instruments for which a reliable market can readily be identified. Where a market value is not readily identifiable for an instrument but can be identified for its components or for a similar instrument, the market value may be derived from that of its components or of the similar instrument; (b) a value resulting from generally accepted valuation models and techniques, for those instruments for which a reliable market cannot be readily identified. Such valuation models and techniques shall ensure a reasonable approximation of the market value. Financial instruments that cannot be measured reliably by any of the methods described in points (a) and (b), shall be measured in accordance with the principle of purchase price or production cost. 8. Notwithstanding Article 5(1)(c), where a financial instrument is measured at fair value, a change in value shall be included in the profit and loss account. However, such a change shall be included directly in a fair value reserve, where: (a) the instrument accounted for is a hedging instrument under a system of hedge accounting that allows some or all of the change in value not to be shown in the profit and loss account; or (b) the change in value relates to an exchange difference arising on a monetary item that forms part of an undertaking's net investment in a foreign entity. Member States may permit or require a change in the value of an available for sale financial asset, other than a derivative financial instrument, to be included directly in the fair value reserve. The fair value reserve shall be adjusted when amounts shown therein are no longer necessary for the implementation of points (a) and (b). 9. Notwithstanding Article 5(1)(c), Member States may permit or require in respect of all undertakings or any classes of undertaking that, where assets other than financial instruments are measured at fair value, a change in the value shall be included in the profit and loss account.rticle 7 deleted value
Amendment 165 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph -1 (new)
Article 36 – paragraph -1 (new)
-1. ´Undertaking´ means the highest level parent company publishing accounts within the European Union where the group of companies for which that parent company prepares consolidated financial statements includes subsidiary companies, branches, permanent establishments, joint ventures and associate undertakings.
Amendment 168 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 1
Article 36 – paragraph 1
1. ‘Undertaking active in the extractive industry’ means an undertaking with any activity involving the prospection, exploration, discovery, development, and extraction of minerals, oil and natural gas deposits, as referred to in Section B- Divisions 05 to 08 of Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council.
Amendment 172 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
3. ‘Government’ means any national, regional or local authority of a Member State or of a third country. It includes a department, agency or undertaking controlled by that authority as laid down in Article 23 (1) to (6) of this Directive, or any government entity that receives any payment of the type noted in Article 38 from any constituent member of an undertaking.
Amendment 177 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
4. ‘Project’ is equivalent to a specific operational reporting unit at the contract, licence, lease, concession or other lowest level within the undertaking at which regular internal management reports are prepared to monitor its businesegal agreement which gives rise to a company's tax and revenue liabilities in each country where it operates. Where any payment liabilities are incurred on a different basis, reporting shall be on that basis.
Amendment 183 #
2011/0308(COD)
Proposal for a directive
Article 36 – paragraph 4 a (new)
Article 36 – paragraph 4 a (new)
4a. ´Constituent entities´ means those subsidiaries, associates, joint ventures, permanent establishments and other trading arrangements that shall in whole or in part be considered members of the undertaking to the extent that they are consolidated in the annual financial statements of that undertaking.
Amendment 185 #
2011/0308(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basito prepare and make public a report on payments made to governments and certain contextual information as defined in Article 38 on an annual basis. The report shall form part of the notes to the financial statements.
Amendment 193 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. The report shall specify the following when material to the recipient government:
Amendment 201 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c
Article 38 – paragraph 1 – point c
(c) for undertakings active in the extractive industry and the logging of primary forests and subject to the materiality threshold defined in paragraph 1a, where those payments have been attributed to a specific project, the amount per type of payment, including payments in kind, made for each such project within a financial year, and the total amount of payments for each such project.;
Amendment 203 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c a (new)
Article 38 – paragraph 1 – point c a (new)
(ca) net turnover broken down by main categories of activity;
Amendment 205 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c b (new)
Article 38 – paragraph 1 – point c b (new)
(cb) production volumes broken down by main categories of activity;
Amendment 207 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c c (new)
Article 38 – paragraph 1 – point c c (new)
(cc) production cost with its associated employee count;
Amendment 209 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c d (new)
Article 38 – paragraph 1 – point c d (new)
(cd) total cash cost of operations;
Amendment 211 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c e (new)
Article 38 – paragraph 1 – point c e (new)
(ce) fixed production assets at year-end with associated accumulated depreciation;
Amendment 213 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 – point c f (new)
Article 38 – paragraph 1 – point c f (new)
(cf) net profit and loss before tax with associated cash and deferred tax on an accrual basis.
Amendment 215 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
1a. The information referred to in paragraph 1 shall be disclosed on a country basis except for that referred to in point (c), which shall be disclosed on a project basis provided the total payments attributed to a specific project exceed EUR 100 000.
Amendment 219 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) taxes on profits and the effective tax rate applied;
Amendment 222 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point c
Article 38 – paragraph 2 – point c
(c) royalties and the effective tax rate applied;
Amendment 238 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Where payments in kind are made to a government, they shall be reported in value orand in volume. Where they are reported in terms of value, supporting notes shall be provided to explain how their value has been determined.
Amendment 240 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. The report shall further specify: (a) all those governments to which the undertaking might make payment; (b) a list of those constituent entities of the undertaking that might make payment as defined in this Article to each government whether or not such payments do actually arise; (c) a list of projects that might make payment as defined in this Article to each government whether or not such payments do actually arise.
Amendment 242 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 247 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 255 #
2011/0308(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. A Member State shall require any large undertaking or any public interest entity active in the extractive industry or the logging of primary forests and governed by its national law to draw up a consolidated report on payments to governments in accordance with Articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in Article 23(1) to 23(6) of this Directive.
Amendment 261 #
2011/0308(COD)
Proposal for a directive
Article 39 – paragraph 3 – introductory part
Article 39 – paragraph 3 – introductory part
3. An undertaking need not be included in a consolidated report on payments to government where at least one of the following conditions is fulfilled: , provided that the financial statements of the constituent entity making the payment are also excluded from the consolidated financial statements for the period to which the report relates, but not otherwise:
Amendment 262 #
2011/0308(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
The report referred to in Article 37 and the consolidated report referred to in Article 39 on payments to governments shall be published as laid down by the laws of each Member State in accordance with Chapter 2 of Directive 2009/101/EC. In addition, ESMA shall compile the data for public access on the basis of the public reports referred to in Article 37 and Article 39. The information will be available online and electronically tagged by key analytical categories.
Amendment 263 #
2011/0308(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
The Commission shall review and report on the implementation and effectiveness of this Chapter, in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis. The review should also take into account international developments and consider the effects on competitiveness and security of energy supply. It should also consider whether the reporting obligations for undertakings which are active in the extractive industry or logging of primary forests should be extended to the fishery industry. The review should be completed at the latest fiveour years after the date of entry into force of this Directive. The report shall be submitted to the European Parliament and the Council, together with a legislative proposal, if appropriate.
Amendment 110 #
2011/0302(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The development of transport infrastructure policy should take into account the environmental footprint, the financial crisis and the resulting lack of public funding, the demographic change and the accessibility needs of all citizens and regions. It should focus on smart investments that generate economic, social and environmental benefits in the shorter term and create jobs, while avoiding delay caused by mega-projects that cannot be implemented by the 2030 deadline for the core network.
Amendment 131 #
2011/0302(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The Union shall aim at minimising and internalising all external costs and apply the 'polluter pays' principle enshrined in Article 191 of the Treaty of the European Union.
Amendment 355 #
2011/0302(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
In the field of transport, only actions contributing to projects of common interest according to Regulation (EU) No XXX/2012 [TEN-T Guidelines] and programme support actions, shall be eligible for support through Union financial aid in the form of procurement and financial instruments under this Regulation, provided that the polluter pays principle enshrined in Article 191 of the Treaties is applied, namely through the levying of road charges according to Eurovignette Directive 2011/76/EC and of mark-ups in mountainous regions. In the form of grants, only the following actions shall be eligible to receive Union financial aid under this Regulation:
Amendment 521 #
2011/0302(COD)
Proposal for a regulation
Article 12 – paragraph 3 b (new)
Article 12 – paragraph 3 b (new)
3 b. If an action suffers from delays of more than one year compared to the foreseen timetable, namely in cases where Member States cannot ensure sufficient funding due to the effects of the financial crisis, the Commission may impose a moratorium and assess the possibility of upgrading of existing infrastructure as a more rapid alternative option;
Amendment 398 #
2011/0294(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) mitigating threducing rail noise at the source in order to minimise negative impacts of noise caused by rail transportn public health and improve the use of existing infrastructure, primarily through retrofitting of rolling-stock as it is already foreseen by Union legislation for ERTMS;
Amendment 790 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 08/33
Annex I – Volume 08/33
To delete the tunnel project on the connection Lyon - Turino from the rail core network and include the existing railway line instead;
Amendment 793 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 09/33
Annex I – Volume 09/33
To delete the tunnel project on the connection Lyon - Turino from the rail core network and include the existing railway line instead;
Amendment 818 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 12/33
Annex I – Volume 12/33
Amendment 823 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 13/33
Annex I – Volume 13/33
to delete the section of R52 between Brno and the border with Austria from the road core network
Amendment 871 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 15/33
Annex I – Volume 15/33
to delete the connection using R52 from Brno to south from the road core network in order to avoid duplication in the road core network
Amendment 910 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 18/33
Annex I – Volume 18/33
To delete the tunnel project on the connection Lyon - Turino from the rail core network and include the existing railway line instead;
Amendment 917 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 19/33
Annex I – Volume 19/33
to delete Autostrada 31 from the road core network
Amendment 918 #
2011/0294(COD)
Proposal for a regulation
Annex I – Volume 19/33
Annex I – Volume 19/33
To delete the tunnel project on the connection Lyon - Turino from the rail core network and include the existing railway line instead;
Amendment 924 #
2011/0294(COD)
On page 3 of the map of Italy (north- eastern sector) the section between Vicenza and Trento, which corresponds to the Valdastico motorway, is deleted.
Amendment 222 #
2011/0284(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The Common European Sales Law should comprise of a complete set of fully harmonised mandatory consumer protection rules. In line with Article 114(3) of the Treaty, those rules should guarantee a high level of consumer protection with a view to enhancing consumer confidence in the Common European Sales Law and thus provide consumers with an incentive to enter into cross-border contracts on that basis. The rules should maintain or improve the level of protection that consumers enjoy under Union consumer law. Furthermore, the adoption of this Regulation should not foreclose the revision of the Directive on consumer rights, with the aim of providing full high level harmonisation of consumer protection in the Member States.
Amendment 270 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point j – introductory part
Article 2 – point j – introductory part
(j) ‘digital content’ means data which are produced and supplied in digital form, whether or not according to the buyer's specifications and irrespective of whether they are accessed through downloading or streaming, from a tangible medium or through any other means, supplied in exchange of a price or a non-monetary consideration such as personal data, including video, audio, picture or written digital content, digital games, software and digital content which makes it possible to personalise existing hardware or software; it excludes:
Amendment 285 #
2011/0284(COD)
Proposal for a regulation
Article 2 – point s a (new)
Article 2 – point s a (new)
(sa) 'repair' means, in the event of lack of conformity, bringing goods or digital content into conformity with the contract;
Amendment 337 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 80 – paragraph 2
Annex I – Article 80 – paragraph 2
Amendment 339 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 82
Annex I – Article 82
Where a trader supplies contract terms which have not been individually negotiated with the consumer within the meaning of Article 7, it has a duty to ensure that they are drafted and communicated in plain, intelligible language.
Amendment 341 #
2011/0284(COD)
Proposal for a regulation
Annex I – Article 83 – paragraph 1
Annex I – Article 83 – paragraph 1
1. In a contract between a trader and a consumer, a contract term supplied by the trader which has not been individually negotiated within the meaning of Article 7 is unfair for the purposes of this Section if it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer, contrary to good faith and fair dealing.
Amendment 105 #
2011/0196(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 115 #
2011/0196(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The recording of location data facilitates the cross checking of driving times and, rest periods, speed and weight in order to detect anomalies and fraud. The use of recording equipment connected to a global navigation satellite system is an appropriate and cost- efficient means of allowing the automatic recording of such data in order to support control officers during controls, and should therefore be introduced.
Amendment 139 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) “recording equipment” means the equipment intended for installation in road vehicles to display, record, print, store and output automatically or semi-automatically details of the movement and speed of such vehicles and, of certain work periods of their drivers and of the weight of the vehicle;
Amendment 141 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(c a) 'weight sensor' means a part of the digital tachograph that provides information on the weight of the vehicle, therefore recording data on loading and unloading of the vehicle
Amendment 163 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 3 a (new)
Article 3 a (new)
Article 3 a Essential requirements 1. Tacographs, tachograph cards and record sheets must comply with stringent technical, functional and other requirements so as to ensure that they fulfil the essential requirements set out in paragraph 2 and that they achieve the objectives of this Regulation. 2. To allow for efficient control of compliance with the applicable social legislation the tachograph shall comply with the following essential requirements: (a) to record and produce accurate and reliable data related to the driver activity and the vehicle; (b) to be secure, in order to guarantee the integrity and the origin of the source of data recorded by and retrieved from vehicle units, motion sensors and tachograph cards; (c) to be interoperable; (d) to be user friendly; 3. Tachographs must be designed and used in such a way as to ensure privacy and personal data protection. 4. Tachographs shall be positioned in the vehicle at driver's eye level and in such a way as to allow the driver to access the necessary functions from his seat. 5. Downloading of data shall be performed with the minimum delay to transport undertakings or drivers. 6. There shall be a technical possibility for controllers to download data faster in order to increase controllers'' capacity, thereby facilitating the control of more vehicles and contributing to a more efficient enforcement of the legislation. 7. Downloading of data may not alter or delete stored data. The downloading of the detailed speed file may not be necessary to ensure compliance with Regulation (EC) No 561/2006, but may be used for other purposes, such as accident investigation.
Amendment 166 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. The tachograph shall also be used for the application of maximum times of live animals’ transports in favour of animal welfare considerations.
Amendment 179 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 4 – paragraph 1
Article 4 – paragraph 1
Location data shall be recorded automatically to allow the identification of the starting and ending place of the daily work period and of each part of the journey undertaken by a vehicle between loading and unloading points.
Amendment 181 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
The equipment shall also record data on how long the vehicle is operating in which member state.
Amendment 195 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks and may include driver activities, sensor fault, errors in motion data, driving without a driving card, vehicle registration number, speed and weight of the vehicle. Data concerning the identity of the driver, driver activities and speed shall not be communicated.
Amendment 202 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The competent control authority, on the basis of the data exchanged, may decide to carry out a check on the vehicle and the recording equipment. This roadside filtering must also be complemented by random enforcement checks, regardless of the reading on the roadside unit, to combat possible manipulation of the signal by certain transport undertakings. This may be aided by the establishment of a European wide database, or national databases, which would track the compliance record of transport undertakings, on the basis of physical checks carried out by enforcement officers.
Amendment 214 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers or their agents shall submit an application for EU approval of a type of vehicle unit, weight sensor, motion sensor, model record sheet or tachograph card to the type approval authorities designated to that effect by each Member State.
Amendment 216 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 8 a (new)
Article 8 a (new)
Article 8 a The Commission is to carry out an Impact Assessment on the feasibility of merging all of the cards used by professional drivers, in particular the driver card with the driver licence, within 24 months of the entry into force of this regulation. The Commission shall examine the technical solutions available, and card compatibility issues, in order to reduce the amount of card fraud currently taking place The Commission shall communicate its findings to the European Parliament within 30 months of the entry into force of this regulation.
Amendment 217 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Manufacturers shall design, test and review vehicle units, motion sensors, weight sensors and tachograph cards put into production so as to detect vulnerabilities arising at all phases of the product life-cycle, and prevent or mitigate their possible exploitation.
Amendment 229 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 19 – paragraph 6 a (new)
Article 19 – paragraph 6 a (new)
6 a. Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for recording equipment on the internet. Member States shall inform the Commission of their activities in this regard; the Commission shall then make the information available to all other EU control authorities in order to make the newest practises in fraudulent installation and manipulation known to all of them.
Amendment 242 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 27
Article 27
Amendment 244 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1 a. The tachograph shall not have an automatic switch once the vehicle's engine and/or the ignition is switched off. The driver shall manually record his activity.
Amendment 246 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4 a. Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for recording equipment on the internet.
Amendment 263 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
Amendment 276 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that control officers are appropriately trained for the analysis of the data recorded and the control of the recording equipment. Member States shall make available appropriate resources for the training of law enforcement staff.
Amendment 284 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1 (new)
Article 1 – point 1 (new)
Council Regulation (EEC) No 3821/85
Article 35 – paragraph 3 a (new)
Article 35 – paragraph 3 a (new)
3 a. The Commission shall facilitate the exchange of best practise on training and invite training staff to meetings to that purpose at least once a year.
Amendment 285 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 36 – paragraph 2
Article 36 – paragraph 2
Within the framework of this mutual assistance, the competent authorities of the Member States shall in particular regularly send to each other all available information concerning infringements to this Regulation related to fitters and workshops, types of manipulation practises, and any penalties imposed for such infringements.
Amendment 286 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 36 a (new)
Article 36 a (new)
Article 36 a Telephone Hotline The Commission shall install a website and an EU wide hotline telephone number that can be called free of charge and anonymously by drivers or any other concerned stakeholder whishing to report fraud that falls under the scope of this regulation.
Amendment 293 #
2011/0196(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Council Regulation (EEC) No 3821/85
Article 37 – paragraph 4 a (new)
Article 37 – paragraph 4 a (new)
4 a. The Commission shall compile this information in a catalogue of sanctions with a view of encourage Member States to a more harmonised sanction regime. For example, currently, only few Member States use the withdrawal of the driving license or lorry immobilisation as a sanction, although the deterrent effect against fraud and misuse is very apparent.
Amendment 311 #
2011/0196(COD)
Proposal for a regulation
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Regulation (EC) No 561/2006
Article 2
Article 2
Amendment 314 #
2011/0196(COD)
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Regulation (EC) 561/2006
Article 13 (3)
Article 13 (3)
3. Provided that the objectives set out in Article 1 are not prejudiced and adequate protection for drivers is provided, a Member State may, after approval by the Commission, grant on its own territory minor exemptions from this Regulation for vehicles used in predefined areas with a population density of less than five persons per square kilometre, in the following cases: - regular domestic passenger services, where their schedule is confirmed by the authorities and - domestic road haulage operations for own account or for hire or reward, which have no impact on the single market and are needed to maintain certain sectors of industry in the territory concerned and where the exempting provisions of this Regulation impose a limiting radius of up to 50 km. Carriage by road under this exemption may include a journey to an area with a population density of five persons or more per square kilometre only in order to end or start the journey. Any such measures shall be proportionate in nature and scope.
Amendment 319 #
2011/0196(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Regulation (EC) No 561/2006
Article 2
Article 2
Amendment 342 #
2011/0196(COD)
Proposal for a regulation
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Regulation (EC) 561/2006
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 50 #
2011/0136(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works protected by copyright and neighbouring rights for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe.
Amendment 52 #
2011/0136(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authorightholders of reproduction and of making available to the public of their works, as harmonised under Directive 2001/29/EC of the European Parliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, require the consent of the authorightholder prior to the digitisation and making available of a work.
Amendment 57 #
2011/0136(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purposes of this Directive, sound recordings and cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation.
Amendment 60 #
2011/0136(COD)
Proposal for a directive
Recital 11
Recital 11
(11) For reasons of international comity, this Directive should only apply to works that are first published, exhibited, or broadcast in the territory of a Member State.
Amendment 70 #
2011/0136(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authors are entitledWhere rightholders come forward to claim their works, it is appropriate for them to have the possibility to put an end to the orphan status in case they comof those fworward to claim their workks in respect of themselves.
Amendment 73 #
2011/0136(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to promote learning and culture, Member States should permit libraries, educational establishments and museums which are publicly accessible, as well as archives, film heritage institutions and public service broadcasting organisations, to communicate, make available and reproduce, within the meaning of Directive 2001/29/EC, orphan works, provided such use fulfils their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections and guarantees cultural and educational access to them. Film heritage institutions should, for the purposes of this Directive, cover organisations designated by Member States to collect, catalogue, preserve and restore films forming part of their cultural heritage.
Amendment 77 #
2011/0136(COD)
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existing or future arrangements in the Member States concerning the management of rights such as extended collective licences, legal presumptions of representation or transfer, mandatory collective management, or combinations of them.
Amendment 84 #
2011/0136(COD)
Proposal for a directive
Recital 22
Recital 22
(22) When a Member State authorises, under the conditions established in this Directive, the use of orphan works by publicly accessible libraries, educational establishments, museums, archives, film heritage institutions or public service broadcasting organisations for purposes beyond their public interest mission, rightholders who come forward to claim their works should be remunerated. Such remuneration should be fair and take account of the type of work and the use concerned. Member States may provide that revenues collected from such use of orphan works for the purpose of remuneration but which are unclaimed after the expiry of the period fixed in accordance with this Directive should contribute to financing institutions involved in the preservation, restoration and provision of cultural and educational access to European works, or to financing rights information sources that will facilitate diligent search, by low-cost and automated means, in respect of categories of works that fall actually or potentially within the scope of application of this Directive.
Amendment 88 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to works first published or broadcast in a Member Stateprotected by copyright, which are contained in the collections of organisations referred to in Article 1(1) and which are:
Amendment 92 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 1
Article 1 – paragraph 2 – point 1
(1) Works published in the form of books, journals, newspapers, magazines or other writings, and which are contaprinted in the collections of publicly accessible libraries, educational establishments, museums or archivesmaterials that were first published, exhibited or broadcast in the territory of a Member State at least five years earlier, or
Amendment 94 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 2
Article 1 – paragraph 2 – point 2
(2) CSound recordings or cinematographic or audiovisual works contained in the collections of film herithat were first published, exhibited or broadcast in the territory of a Member Stagte institutionsat least five years earlier, or
Amendment 96 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 3
Article 1 – paragraph 2 – point 3
Amendment 99 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 3 a (new)
Article 1 – paragraph 2 – point 3 a (new)
(3a) Works that constitute an integral or embedded part of works referred to in Article 1(2).
Amendment 100 #
2011/0136(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. A work protected by copyright shall be considered an orphan work if the rightholder in the work isone or more copyright or related rights holders are not identified or, even if identified, is not located after a diligent search for the rightholder has been carried out and recorded in accordance with Article 3.
Amendment 104 #
2011/0136(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where a work has more than one rightholder in copyright or related rights, and one of the rightholders has been identified and located, that work shall not be considered an orphan worke rights of the other rightholder(s) are not affected by the present Directive.
Amendment 107 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of establishing whether a work is an orphan work, the organisations referred to in Article 1(1) shall ensure that a diligent search is carried out for each workin good faith, by consulting the appropriate sources for the category of works in question.
Amendment 113 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The sources that are appropriate for each category of works shall beor other protected subject matter shall be the publicly accessible databases determined by each Member State, in consultation with rightholders and users, and may include, the sources listed in the Annex.
Amendment 118 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. A diligent search is required to be carried out only in the Member State of first publication or broadcastin which territory the work was first published, exhibited, or broadcast. It shall be carried out in good faith and in a reasonable scope prior to the use of the work.
Amendment 129 #
2011/0136(COD)
Proposal for a directive
Article 5
Article 5
Member States shall ensure that a rightholder in a work considered to be orphan has, at any time, the possibility of putting an end to the orphan status in respect of himself, by making himself known in an appropriate manner.
Amendment 133 #
2011/0136(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Termination of the status of orphan work in respect of a rightholder that makes himself known shall not call into question contracts previously entered into for the use, in accordance with the present Directive, of the work which was previously orphan in respect of that rightholder.
Amendment 137 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) by communication to the public of the orphan work, including making it available to the public, by wire or wireless means, so that everybody can have access to it at a place and a time chosen individually.
Amendment 155 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
(4) rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are remunerated according to fixed tariffs determined by the Member States for the use that has been made of the work by the organisations referred to in Article 1(1);
Amendment 158 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 5
Article 7 – paragraph 1 – point 5
(5) rightholders may claim their remuneration under point (4) within a period ofixed by Member States and which shall not be less than five years from the date of the act giving rise to the claim.
Amendment 163 #
2011/0136(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
This Directive shall be without prejudice to provisions for managing the rights to works and other protected subject matter, in particular collective licensing arrangements, legal presumptions of representation or transfer, mandatory collective management, or combinations of them, irrespective of whether such works or protected subject matter are orphan works under Article 2, in accordance with Union law and the international treaties on copyright and related rights. Where such provisions exist or are introduced, each other Member State shall ensure that the beneficiaries of Article 1(1) are legally protected with regard to their use of works or other protected subject matter as licensed or permitted under such provisions.
Amendment 166 #
2011/0136(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall keep under constant review the development of rights information sources and shall, at the latest one year after the entry into force of this Directive, and at annual intervals thereafter, submit a report concerning the possible inclusion in the scope of application of this Directive of beneficiaries other than those listed in Article 1(1), and of works or other protected subject matter not currently included in such scope, and in particular phonograms and stand alone photographs and other images, as well as unpublished works of all kinds created in Europe.
Amendment 74 #
2011/0135(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) With regard to representatives of the private sector, the Office shouldall involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringementseld of intellectual property rights, in particularsuch as representatives of right holders and Internet service providers. Also, a proper representation of consumers, civil society groups, and of small and medium -sized enterprises shouldall be ensured.
Amendment 79 #
2011/0135(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) establishing a transparent methodology for the collection, analysis and reporting of independent, objective, comparable and reliable data relating to infringements of intellectual property rights;
Amendment 87 #
2011/0135(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) monitoring and reporting on the effect of legal online offers on use of unauthorised content;
Amendment 58 #
2011/0093(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 59 #
2011/0093(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
A European patent with unitary effect shall have a unitary character. It shall provide uniform protection and shall have equal effect in allis a patent title of the European Union that has effects throughout the territories of the participating Member States.
Amendment 60 #
2011/0093(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
A European patent with unitary effect shall have an autonomous character. It shall be subject only to the provisions of this Regulation, to the general principles of Union law, and, to the extent that this Regulation does not provide for specific rules, to those provisions of the European Patent Convention which are binding upon every European patent and which shall consequently be deemed to be provisions of this Regulation.
Amendment 62 #
2011/0093(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Harmonisation of substantive patent law By …, the Commission shall present a proposal for a directive of the European Parliament and of the Council, along with an impact assessment, for harmonisation of substantive patent law relevant for European patents with unitary effect.
Amendment 63 #
2011/0093(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3b Patentability of inventions 1. European patents with unitary effect shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. 2. The following in particular shall not be regarded as inventions within the meaning of paragraph 1: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information.
Amendment 64 #
2011/0093(COD)
Proposal for a regulation
Article 3 c (new)
Article 3 c (new)
Amendment 68 #
2011/0093(COD)
Proposal for a regulation
Article 8 – point a a (new)
Article 8 – point a a (new)
(aa) the acts allowed pursuant to the Treaties and Union law
Amendment 77 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – introductory wording
Article 12 – paragraph 1 – subparagraph 1 – introductory wording
1. The participating Member States shall give, within the meaning of Article 143 of the EPC, the European Patent Office the following tasks to be carried out in conformity with the Treaties and Union law, and the internal rules of the European Patent Office:
Amendment 80 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In their capacity as Contracting States to the EPC, the participating Member States together with the European Parliament shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC. That Select Committee shall take decisions pursuant to a mandate given by the European Parliament and shall report to the European Parliament. The Select Committee members shall be submitted to a hearing prior to their being approved by the European Parliament.
Amendment 81 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The participating Member States shall ensure effective legal protection before a national court against thany administrative decisions of the European Patent Office in carrying out the tasks referred to in paragraph 1.
Amendment 86 #
2011/0093(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The power to adopt delegated acts pursuant to Articles 15 and 16 is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 89 #
2011/0093(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
This Regulation is without prejudice to the application of the Treaties and Union law, including competition law and the law relating to unfair competition.
Amendment 90 #
2011/0093(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Not later than sixtwo years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the European Parliament and the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every sixtwo years.
Amendment 14 #
2011/0092(CNS)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Future legislation on taxation on energy should internalise the social and environmental external costs, caused by each sector, and aim to reduce those external costs, obtaining positive effects for society, the economy and public budgets.
Amendment 40 #
2011/0092(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/96/EC
Article 29 - paragraph 3 a (new)
Article 29 - paragraph 3 a (new)
The Commission shall report every year to the European Parliament and to the Council on the financial impact of tax exemptions on public budgets, namely when practising exemptions for fuel taxation and VAT, particularly in the air and maritime transport sector as well as on the effects of these exemptions on distortion of intermodal competition. The Commission shall report every year to the European Parliament and to the Council on the functioning of the Union's Emissions Trading Scheme (EU ETS), analysing, inter alia, differential treatments across sectors relating to the allocation of free certificates and the effect on intermodal competition.
Amendment 13 #
2010/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Agrees with the Commission that a targeted action plan is, at this point, the best option for giving a further impetus to the development and application of EGNOS, particularly in the transport field; underlines that Satellite Navigation Systems should integrate interoperability between different - including conventional - systems, and should furthermore include intermodal use for both passengers and freight transport services;
Amendment 41 #
2010/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission to examine how simplified procedures might ensure more efficient and transparent disbursement of this funding in support of research in the transport field;
Amendment 7 #
2010/2207(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the growing importance of the aviation sector's contribution to global warming and considers that agreements should include a commitment to work together, in the framework of the International Civil Aviation Organisation, to reduce aircraft emissions, together with the intention to enhance technical cooperation in the fields of climate science (CO2 and other climate relevant emissions in the atmosphere), research and technology development and fuel efficiency;
Amendment 8 #
2010/2207(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises that various aspects of aviation regulation, including noise restrictions and night flight limitations, should be determined at local level, in full compliance with the principle of fair competition and subsidiarity; asks the Commission to coordinate these issues at the European level, taking into account the national legislation of Member States;
Amendment 10 #
2010/2207(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to use air agreements to promote compliance with relevant international legislation on social rights, in particular the labour standards embodied in the fundamental conventions of the International Labour Organization (ILO 1930-1999), the OECD Guidelines for Multinational Enterprises (1976, revised 2000) and the Rome Convention on the Law Applicable to Contractual Obligations of 1980; calls on the Commission to integrate legislation and specific measures for protecting the health of the flying crews;
Amendment 11 #
2010/2207(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that, in the case of safety agreements, criteria include: full mutual recognition of certification practices and procedures; exchange of safety data; joint inspections; increased regulatory cooperation; and technical level consultations so as to resolve issues before they trigger the dispute settlement mechanism; reminds the Commission of the need to adopt best international standards regarding the fastening of seat belts so as to favour the safety of children who are less than 2 years old;
Amendment 21 #
2010/2156(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need to finally address the "book famine" experienced by visually impaired and print disabled people; reminds the Commission and Member States of their obligations under the UN Convention on the Rights of Persons with Disabilities to take all appropriate measures to ensure that persons with disabilities enjoy access to cultural materials in accessible formats, and to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials; calls on the Commission to work actively and positively within the World Intellectual Property Organization WIPO to agree on a binding legal norm, based on the treaty proposal drafted by the World Blind Union and tabled at WIPO in 2009;
Amendment 22 #
2010/2156(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses the need to solve the issue of orphan works; welcomes the Commission's stated intention to present proposals in this area; notes that the problem of orphan works and the "black hole of the 20th century" is not limited to printed works such as books and magazines, but extends to all kinds of works, including photographs, music, and audiovisual works.
Amendment 23 #
2010/2156(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Notes that many of the new and exciting developments in the cultural and creative industries are related to user generated content and remixes of previously existing works; notes that these forms of expression are often held back by today's copyright legislation and praxis; calls on the Commission to propose solutions to address this, either through a "fair use" exception on the European level or by other means;
Amendment 5 #
2010/2154(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Member States are entitled to apply more stringent measures than the common basic standards required by European legislation and may thus introduce securitbody scanners on their territory; whereas, in this case, they must act on the basis of a risk assessment and in compliance with EU law; whereas these measures must be relevant, objective, non- discriminatory and proportional to the risk that is being addressed (Article 6 of Regulation (EC) No 300/2008), (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 7 #
2010/2154(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the introduction of securitbody scanners by the Member States in either of the above two cases makes genuine one- stop security impossible; whereas if the present situation continues the operating conditions that apply to the Member States will not be uniform and will therefore not benefit passengers,
Amendment 13 #
2010/2154(INI)
Motion for a resolution
Recital F
Recital F
F. whereas health represents an asse right to be preservotected and exposure to ionising radiation from certain types of scanners, such as those emitting X-rays with cumulative effects, needs to be analysed; whereas this represvents a risk that should be avoided,
Amendment 18 #
2010/2154(INI)
Motion for a resolution
Recital I
Recital I
I. whereas concerns over health, the rights to privacy, freedom of thought, conscience and religion, non-discrimination and data protection can be duly guaranteed where security scanners are used properlyneed to be addressed both in terms of technology and use before the introduction of body scanners can be considered,
Amendment 22 #
2010/2154(INI)
Motion for a resolution
Recital S
Recital S
S. whereas qualification, satisfactory social standards and training for security staff is aare crucial elements that isare necessary in order to guarantee a high level of aviation security, which must be compatible with a way of treating passengers that preserves their dignity as individuals and thus should be integrated into the review of the Directive 96/67/EC on Groundhandling Services at EU Airports,
Amendment 28 #
2010/2154(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that somit is not yet sufficiently proven that even those scanning methods that are effective and quick for passengers, with due respect for the time taken at checkpoints, would constitute considerable added value in aviation security; calls on the Commission to consider its proposals within a broad context of proportionality and in a well balanced context, going beyond a focus, almost limited on technologic options;
Amendment 29 #
2010/2154(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to research on the use of other techniques to detect explosives in the field of aviation security;
Amendment 31 #
2010/2154(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and Member States to develop an integrated risk- analysis system for suspicious passengbody scanners and for checks on luggage and cargo, based on all available information, in particular the information provided by the police, intelligence services, customs, experienced air security services and transport undertakings; takes the view that the entire system should be informed by the search for effectiveness, but based on respect for the principle of non-discrimination;
Amendment 33 #
2010/2154(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages the Commission while proposing a review of the Directive 96/67/EC on Groundhandling Services at EU Airports, to integrate efficient criteria for the employed in the field of security services at airports on their qualification, regular education, experience and social status; stresses the need to support and promote better security networking, management and motivation within the personal;
Amendment 35 #
2010/2154(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that in the procedure before being submitted to a body scan or related to the refusal of a body scan any form of profiling based on, for example, sex, race, colour, ethnicity, genetic features, language, religion or belief is unacceptable;
Amendment 36 #
2010/2154(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and Member States to ensure effective cooperation, security management and exchange of information among all the authorities and services involved, and between the authorities, security and air transport undertakings, at both European and national level;
Amendment 37 #
2010/2154(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission regularly to revise the list of authorised screening methods and the conditions for their implementation, in line with possible problems, experienced in practise, and technological progress, in order to provide a high level of detection performance and passengers and workers rights and interests in keeping with that progress;
Amendment 47 #
2010/2154(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to propose adding securitensure that concerns over health, the rights to privacy, freedom of thought, conscience and religion, non-discrimination and data protection are addressed before proposing to add body scanners to the list of authorised screening methods; if the Commission does decide to propose to introduce body scanners to the list of authorised screening methods, it should do so together with appropriate rules for their use, as set out in this resolution;
Amendment 50 #
2010/2154(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the use of securitbody scanners must be based on common rules that not only lay down detection performance but also impose the necessary safeguards to protect the health and fundamental rights and interests of passengers and workers;
Amendment 60 #
2010/2154(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Proposes, more specifically, that the Commission should revise the rules on the use of securitbody scanners to ensure that the provisions on the protection of health and fundamental rights are adapted to technological progress;
Amendment 68 #
2010/2154(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 75 #
2010/2154(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view that, even though 100% aviation security cannot be guaranteed, the detection performance of security scanners is potentially higher than that offered by current metal detectors, particularly with regard to non- metallic objects and liquids, whilst frisking (full hand-search) causes more irritation and is more likely to be rejected than a scannerthough firm evidence of their effectiveness will need to be presented before we ask European Citizens and tax payers to contribute towards their acquisition; takes the view that body scanners using any form of x-ray technology will not offer additional security benefits given the many categories of people that will need to be exempted for reasons of health protection;
Amendment 76 #
2010/2154(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 84 #
2010/2154(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that the installation of securitbody scanners, or the decision not to install them, falls within the responsibility and freedom of decision of the EU Member States;
Amendment 87 #
2010/2154(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that where an EU Member State decides to install securitbody scanners, they must meet the minimum standards and requirements set by the EU for all the EU Member States, without prejudice to the right of the Member States to apply more stringent measures;
Amendment 90 #
2010/2154(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that passengers should be given a choice in using securitbody scanners whereby, if they refuse, they would be obliged to submit to alternative screening methods that guarantee security to at least the same levels of effectiveness as security scanners; underlines that passengers must be well informed about these options;
Amendment 100 #
2010/2154(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that exposure to doses of ionising radiation above the recommended annual limits cannot be acceptable; believes, therefore, that X-ray transmission imaging should not be used in systematicany possible health risk, including long-term risks due to exposure to doses of ionising radiation should be excluded; calls in this regard for any form of X-ray technology to be explicitly excluded from the usage in security screening;
Amendment 107 #
2010/2154(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Points out that the Member States have a responsibility to assess risks in accordance with Directive 96/29/Euratomby radiation and they can adopt more stringent rules than those set out by the EU in that directiveinternational rules or EU legislation; points out, further, that some Member States do not permit the exposure of people to ionising radiation other than for medical purposes;
Amendment 110 #
2010/2154(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 117 #
2010/2154(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Believes that such protection can be better achieved when a standard figure is used, and that the use of body images should be permitted only with the appropriate guarantees and on an exceptional basis;
Amendment 129 #
2010/2154(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that images should not be stored for longer than is necessary to ensure aviation security, that they should be destroyed once they are no longer necessary for the intended purposes, and that they should not be used for purposes other than to detect prohibited objects;
Amendment 140 #
2010/2154(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes the view that the operating rules must ensure that people are not selected to pass through a securitbody scanner on the basis of discriminatory criteria;
Amendment 148 #
2010/2154(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that, when images are used, they should not be linked to the passenger's identity and measures should be taken to ensure that passengers cannot be identified with images of any part of the body unless this is necessary;
Amendment 159 #
2010/2154(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to propose that special training that takes into account the impact on personal dignity, health and the protection of personal data be provided for security staff responsible for using securitbody scanners;
Amendment 162 #
2010/2154(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission, in conjunction with the Member States, to draw up a code of conduct on the use of securitbody scanners which requires airports to carry out scanning in such a way as to respect passengers' fundamental rights;
Amendment 10 #
2010/2139(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is concerned by the lack of detailed information on the ongoing implementation of transport investments; questions if a more accurate evaluation of implementation would not highlight serious delays of the programmed investments on TEN T projects and insists, especially against the background of the economic crisis, on more certainty in respect of the timetable; reminds the Commission of the resolution of the EP of 22 April 2009 on the TEN-T green paper, where the EP calls in § 46 "... on the Commission and the EIB to submit an annual list of specific co-financed projects to the Parliament and Council in the case of regional, cohesion and EIB co-funding of TEN-T projects, as is already the case for TEN-T co-financing;
Amendment 4 #
2010/2076(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 6 #
2010/2076(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Wishes to ensure that the Commission continues to produce detailed data on all types of infringement, and that the entirety of this data is made freely available to Parliament in order to enable it to perform its role of scrutiny over the Commission's discharge of its role as guardian of the Treaties; the collation and categorisation of such data should be consistent with previous annual reports in order to assist Parliament in making meaningful assessments of the progress being made by the Commission, regardless of whether the infringement has been processed via the EU Pilot or the original infringement procedure;
Amendment 9 #
2010/2076(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Reminds that the Commission has a primary role as the guardian of the Treaties in ensuring the correct and timely application of European Union law by the Member States; encourages the Commission to use all the competences granted to her by the Treaties, especially the new provisions of Article 260 TFEU concerning Member States' failure of notification of transposition measures of directives;
Amendment 10 #
2010/2076(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes with particular interest the Commission's commitment to deliver systematically an evaluation of the reply to complaint provided by a Member State; calls on the Commission to provide such an evaluation with the highest attention and after prompt analysis of the dossier; calls for a clarification of the role of complainant in the evaluation process;
Amendment 19 #
2010/2021(INI)
Motion for a resolution
Paragraph 10 – introductory wording
Paragraph 10 – introductory wording
10. Considers that certain practical arrangements of a horizontal nature should not be dealt with separately in each basic act, but could be better dealt with in a Common Understanding on the basis of an interinstitutional agreement between the institutions covering inter alia:
Amendment 1 #
2010/0301(COD)
Proposal for a directive – amending act
–
–
The Committee on Transport and Tourism calls on the Committee on the Environment, Public Health and Food Safety, as the Committee responsible, to propose rejection of the Commission proposal.
Amendment 16 #
2010/0258(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Publication of results The data shall be published no later than 12 months after the year and quarter that these data refer to.
Amendment 18 #
2010/0258(COD)
Proposal for a regulation
Annex 1 – part A1 – paragraph 2 – point 3 a (new)
Annex 1 – part A1 – paragraph 2 – point 3 a (new)
3 a. Euro class of the vehicles;
Amendment 19 #
2010/0258(COD)
Proposal for a regulation
Annex 1 – part A1 – paragraph 2 – point 9 a (new)
Annex 1 – part A1 – paragraph 2 – point 9 a (new)
9 a. equipped with which type of (digital) tachograph;
Amendment 20 #
2010/0258(COD)
Proposal for a regulation
Annex 1 – part A2 – paragraph 2 – point 10 a (new)
Annex 1 – part A2 – paragraph 2 – point 10 a (new)
10 a. total average of use of load capacity, including actual or estimated percentage of over-loading;
Amendment 21 #
2010/0258(COD)
Proposal for a regulation
Annex 1 – part A2 – paragraph 2a (new) – point 1 (new)
Annex 1 – part A2 – paragraph 2a (new) – point 1 (new)
Where appropriate, the following data are also to be provided: including number of infringements; 1. total percentage of controls pursuant to legislation on driving and rest times,
Amendment 22 #
2010/0258(COD)
Proposal for a regulation
Annex 1 – part A2 – paragraph 2a (new) point 2 (new)
Annex 1 – part A2 – paragraph 2a (new) point 2 (new)
Amendment 41 #
2010/0251(COD)
Proposal for a regulation
Article 6
Article 6
A trading venue that has shares admitted to trading or an investment firm which executes orders on behalf of clients in respect of those instruments outside a trading venue shall establish procedures that ensure that natural or legal persons executing orders on the trading venue or through the investment firm are in a position to mark sell orders as short orders if the seller is entering into a short sale of the share. The trading venue shall publish at least daily a summary of the volume of orders marked as short orders.
Amendment 43 #
2010/0251(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Natural or legal persons executing orders shall mark all sell orders as short orders if the seller is entering into a short sale of the share.
Amendment 44 #
2010/0251(COD)
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
Amendment 45 #
2010/0251(COD)
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Data on short orders and short sales shall be made available to the competent authority of the home Member State of a trading venue or of an investment firm which executes orders on behalf of clients in respect of those instruments outside a trading venue. The data shall include at least the identity of the natural or legal person initiating the order, the time when the order was introduced in the order book, the time when the order was executed or withdrawn from the order book and the price, size and modalities of the execution of the order. Access to the data shall also be given to the relevant competent authority.
Amendment 46 #
2010/0251(COD)
Proposal for a regulation
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. The trading venue or the investment firm which executes orders on behalf of clients outside a trading venue shall publish at least daily a summary of the volume of short sales on each shares admitted to trading expressed as a percentage of the volume of sales executed by the trading venue or the investment firm.
Amendment 47 #
2010/0251(COD)
Proposal for a regulation
Article 6 – paragraph 1 e (new)
Article 6 – paragraph 1 e (new)
1e. Powers are delegated to the Commission to adopt regulatory technical standards specifying the details of the data to be provided, including the volume of short sales, in accordance with paragraph 1. The regulatory technical standards referred to in the first subparagraph shall be adopted in accordance with Articles 10 to 14 of Regulation (EU) No …/2010 [ESMA]. ESA (ESMA) shall submit draft regulatory technical standards to the Commission by [31 December 2011].
Amendment 48 #
2010/0251(COD)
Proposal for a regulation
Article 6 – paragraph 1 f (new)
Article 6 – paragraph 1 f (new)
1f. In order to ensure uniform conditions of application of paragraph 1, power is conferred on the Commission to adopt implementing technical standards identifying the procedure to be followed in order to mark orders and defining a common format of data to be provided in order to ease the consolidation of data. The implementing technical standards referred to in the first subparagraph shall be adopted in accordance with Article 15 of Regulation (EU) No …/2010 [ESMA]. ESA (ESMA) shall submit draft implementing technical standards to the Commission by [31 December 2011].
Amendment 49 #
2010/0251(COD)
Proposal for a regulation
Article 6 – paragraph 1 g (new)
Article 6 – paragraph 1 g (new)
1g. A trading venue, or an investment firm which executes orders on behalf of clients outside a trading venue, which does not have marking procedures in place at the time of enforcement of this Regulation shall apply this Article by 31 December 2013.
Amendment 54 #
2010/0251(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 58 #
2010/0251(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 62 #
2010/0251(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 81 #
2010/0251(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. After receiving notification under Article 22 of any measure that is to be imposed or renewed under Article 16, 176a, 17, 18 or 189a, ESA (ESMA) shall within 24 hours issue an opinion on whether it considers the measure or proposed measure is necessary to address the exceptional situation. The opinion shall state whether ESA (ESMA) considers that adverse events or developments have arisen which constitute a serious threat to financial stability or to market confidence in one or more Member States, whether the measure or proposed measure is appropriate and proportionate to address the threat and whether the proposed duration of the measures is justified. If ESA (ESMA) considers that measure by other competent authorities is necessary to address the threat, it shall also state it in the opiniondecision and request those competent authorities to introduce such measures within 24 hours. The opindecision shall be published on ESMA'sthe website. of ESA (ESMA).
Amendment 82 #
2010/0251(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where a competent authority proposes to take or takes measures contrary to an ESMA opinion under paragraph 2 or declines to take measures contrary toIf ESA (ESMA) considers that a measure should be introduced at Union level its decision shall include a statement to that effect and ESMA opinion under that paragraph it shall immediately publish on its websiA (ESMA) shall ensure that this measure is implemented a notice fully explaining its reasons for doing socross the Union within 24 hours.
Amendment 83 #
2010/0251(COD)
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. ESA (ESMA) shall review measures under this Article regularly and in any event every three months. If a measure is not renewed after such a three-month period, it shall automatically expire.
Amendment 85 #
2010/0251(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point c
Article 24 – paragraph 3 – point c
Amendment 1 #
2010/0195(COD)
Proposal for a directive - amending act
–
–
The Committee on Transport and Tourism calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 31 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) According to Article 27 of the Treaty on European Union, the High Representative of the Union for Foreign Affairs and Security Policy is to be assisted by a European External Action Service (EEAS). This service is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. For the purposes of this Regulation, the term 'staff from national diplomatic services' should also include staff from other government departments whom a national diplomatic service intends to second or has seconded to the EEAS.
Amendment 32 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) In order to take account of specific situations in a flexible manner (for example an urgent need to fill a post or future transfers of support tasks from the Council or the Commission to the EEAS), a transfer of officials in the interests of the service, that is without prior publication of the vacant post, from the Council or the Commission to the EEAS should also be made possible in duly justified exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.
Amendment 34 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 9
Recital 9
(9) Selected candidates from national diplomatic services who are seconded by their Member States should be employed as temporary agents and thus be put on equal footing with officials. The implementing provisions to be adopted by the EEAS should guarantee equivalent career perospectives for temporary agents that are equivalent to those ofand officials.
Amendment 35 #
2010/0171(COD)
Proposal for a regulation – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) Appointments in the EEAS should be based on merit whilst ensuring adequate geographical and gender balance. The staff of the EEAS should comprise an adequate presence of nationals from all the Member States.
Amendment 36 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 2 a (new) Staff Regulations of Officials of the European Communities
Article 1 – point 2 a (new) Staff Regulations of Officials of the European Communities
2a. The words 'national of one of the Member States of the Communities' shall be replaced by 'citizen of the Union'.
Amendment 42 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 2
Title VIIIa – Article 95 – paragraph 2
2. However, in respect of Heads of Delegation, the powers concerning appointments shall be exercised using a thorough selection procedure, based on merit whilst ensuring adequate geographical and gender balance, on the basis of a list of candidates on which the Commission has agreed within the framework of the powers that the Treaties confer on it. This shall apply mutatis mutandis to transfers in the interests of the service.
Amendment 43 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 97
Title VIIIa – Article 97
Under the conditions set out in Article 7(1) and notwithstanding Articles 4 and 29, the Appointing Authorities of the institutions concerned may inand for a period of one year after the entry into force of Regulation (EU) No XXXX/2010 of the European Parliament and of the Council amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities, the Appointing Authorities of the institutions concerned may, pursuant to a duly reasoned decision and in duly justified exceptional cases, acting by common agreement and solely in the interests of the service, after having heard the official concerned, transfer him from the Council or the Commission to the EEAS without notifying the staff of the vacant post. An EEAS official may be transferred to the Council or the Commission under the same conditions.
Amendment 44 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 1 – subparagraph 2
Title VIIIa – Article 98 – paragraph 1 – subparagraph 2
From a date fixed by the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission, but at the latest from 1 July 2013, the Appointing Authority shall also consider the applications of officials from other institutions without giving priority to any of these categories. For the purposes of these Staff Regulations, the term 'staff from national diplomatic services' shall also include staff from other government departments whom a national diplomatic service intends to second or has seconded to the EEAS.
Amendment 45 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 2
Title VIIIa – Article 98 – paragraph 2
2. For the purposes of Article 29(1)(a) and without prejudice to Article 97, the Appointing Authority shall, when filling a vacant post in the Council or the Commission, consider applications of internal candidates and officials of the EEAS who were officials of the institution concerned until they became officials of the EEAS without giving priority to any of these categories. In accordance with Article 27 of these Staff Regulations and the first subparagraph of Article 12(1) of the Conditions of Employment of Other Servants, recruitment shall be directed to securing for the institution the services of officials and temporary staff of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States, while ensuring gender balance. This obligation shall apply to the EEAS as a whole and to its different staff components, including temporary staff referred to in Article 2, point (e) of the Conditions of Employment of Other Servants.
Amendment 47 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 99 a (new)
Title VIIIa – Article 99 a (new)
Article 99a Before taking up their duties, and as appropriate thereafter, all EEAS staff members at AD level shall receive common training. For that purpose, a European Diplomatic Academy shall be created. The Academy shall cooperate closely with appropriate bodies in the Member States and the European Security and Defence College, integrating the latter after a transitional period. Its training shall be based on uniformly harmonised curricula and shall include, as appropriate, training in consular and legation procedures, diplomacy, conflict mediation and international relations, together with knowledge of the history and functioning of the European Union. The Academy shall also train staff of CSDP missions and shall be open, as appropriate, to other staff working for the European Union or Member States.
Amendment 48 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 2 a (new) Conditions of Employment of Other Servants of the European Communities
Article 2 – point 2 a (new) Conditions of Employment of Other Servants of the European Communities
2a. The words 'national of one of the Member States of the Communities' shall be replaced by 'citizen of the Union'.
Amendment 51 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 10
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50b – paragraph 2
Chapter 10 – Article 50b – paragraph 2
2. They may be engaged for a maximum period of four years. Contracts may be renewed more than once for a maximum period of four years for each renewal. A renewal shall be grante. In total, engagement should not exceed eight years. However, in exceptional circumstances and oin condition that the secondment from the national diplomatic service isthe interests of the service, at the end of the eighth year, the contract may be extended for thea maximum period of renewaltwo years.
Amendment 52 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 2 – point 10
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50b – paragraph 2 a (new)
Chapter 10 – Article 50b – paragraph 2 a (new)
(2a) For the purposes of these Conditions of Employment, the term 'staff from national diplomatic services' shall also include staff from other government departments whom a national diplomatic service intends to second or has seconded to the EEAS.
Amendment 56 #
2010/0171(COD)
Proposal for a regulation – amending act
Article 3 a (new)
Article 3 a (new)
Article 3a Within two years after the entry into force of this Regulation, the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission shall, by mid-2013 at the latest, submit to the European Parliament, the Council and the Commission a report on its implementation, with particular emphasis on gender and geographical balance of staff within the EEAS.
Amendment 3 #
Amendment 46 #
2010/0067(CNS)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) If the spouses are unable to agree on the applicable law, they should complete a mediation procedure including at least one consultation with an authorised mediator.
Amendment 31 #
2010/0051(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The European Parliament and the Council can at any time indicate to the Commission that they consider a draft implementing act to exceed the implementing powers provided for in the basic act or that it is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality. In such cases, the Commission shall review the draft measure taking the utmost account of the opinions of the European Parliament and the Council and inform them of the action which it intends to take and of its reasons for doing so. The European Parliament and the Council remain able to intervene again.
Amendment 32 #
2010/0051(COD)
Proposal for a regulation
Article 8 – paragraph 2b (new)
Article 8 – paragraph 2b (new)
2b. Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents1 is applicable to committee proceedings, thus granting any Union natural or legal person residing or having its registered office in a Member State access to the information referred to in points (a) to (g) of paragraph 1. 1 OJ L 145, 31.5.2001, p. 43.
Amendment 2 #
2009/2158(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, as outlined in its Reflection Document on 'Creative Content in a European Digital Single Market: Challenges for the Future', to propose a new IPR system that strikes a fair balance between access to online content, in order to safeguard consumers' interests, and remuneration of creators of online content, for example by means of micro-payments, collective licensing and flat rates in some sectors;
Amendment 36 #
2009/2154(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 59 #
2009/2154(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines that the digital tachograph, based on Regulation EC/3821/85, should be improved as an instrument for checking: the Commission should investigate how to realise faster downloading of data from the digital tachograph by the controlling authorities; urges the Member States to integrate the use of the digital tachograph for stationary vehicle related activities, such as loading and unloading of the vehicle;
Amendment 69 #
2009/2154(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Encourages the controlling authorities to install a well published, easy and free phone number for professional drivers, being under pressure from their employers and desiring to be controlled by the authorities;
Amendment 7 #
2009/2152(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the existing environmental acquis (such as the Birds Directive1, the Habitats Directive2, the Water Framework Directive3 and the Floods Directive4) needs to be fully implemented in a coherent way across the EU; welcomeasks the Commission's intention quickly to develop guidelines in order to incorporate adaptation needs into the application of that acquis; 1 Council Directive 79/409/EEC on the conservation of wild birds, OJ L 103, 25.4.1979, p. 1. 2 Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7. 3 Directive 2000/60/EC establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p. 1. 4 Directive 2007/60/EC on the assessment and management of flood risks, OJ L 288, 6.11.2007, p. 27. to exercise fully the new rights the Lisbon Treaty gives it under Article 260 in order to fulfil its role as guardian of the Treaties; Or. en
Amendment 32 #
2009/2142(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Points, furthermore, to a range of other institutional changes introduced by the Lisbon Treaty that will affect lawmaking in the European Union; emphasises in particular the importance of the European citizens’ initiative and welcomestakes note of the Commission’s Green Paper on this matterproposal for a regulation setting out the procedures and conditions of that initiative;
Amendment 4 #
2009/2104(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Underlines that organ trafficking, transplant commercialism and transplant tourism violate the principles of equity, justice and respect for human rights, and undermine the ethics of altruistic donation.
Amendment 5 #
2009/2104(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
Amendment 6 #
2009/2104(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Believes that combating organ trafficking should not remain the responsibility of the European Union alone. Member States should also take measures to that end, including reducing demand, promoting organ donation more effectively, maintaining strict legislation in regard to live unrelated donors, guaranteeing transparency of national registers and waiting lists, establishing the legal responsibility of the medical profession for tracking irregularities, and sharing information.
Amendment 18 #
2009/2096(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the transport sector has a considerable impact on the environment and on people’s health and quality of life, and, whilst facilitating people’s private and professional mobility, was responsible for 24.6around 27% of total CO2 emissions in 2006, and whereas this figure has since risen even further and8 of which more than 80% was emitted by road transport alone, and whereas there continues to be insufficient improvement in transport safety, with around 39 000 traffic deaths and some 300 000 serious injuries attributable to road accidents in 2008,
Amendment 21 #
2009/2096(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the transport sector share of CO2 emissions in the EU increased by 35% during the two last decades and cars in cities cause 70% of all the GHG emissions from transport, while the share of industry and buildings in CO2 emissions decreased by 17% each,
Amendment 62 #
2009/2096(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is convinced that population growthdemographic change, in particular in cities, will give rise to challenges for transport and mobility in terms of safety and, capacity, and space use; emphasises that the basic right to mobility and the applicability of this right are crucial in this regard; stresses that, in this context, multimodal transport chains and collective transport, inter alia,is yet constrained by the fundamental right to a healthy environment and good quality of life; underlines therefore that a balanced freedom of modal choice is crucial; stresses that, in this context, well- integrated multimodal mobility chains of walking, cycling, public and collective transport, taxi, carpooling and carsharing are the way ahead, particularly for urban areas;
Amendment 77 #
2009/2096(INI)
Motion for a resolution
Paragraph 1a (new)
Paragraph 1a (new)
1a. Demands the Commission to introduce Sustainable Urban Mobility Plans (SUMPs) for cities of more than 100 000 inhabitants and to link these plans with EU cofinancing of transport projects for cities as well as with EU targets (CO2 emissions and accidents reduction) and legislation limits for (ozone and particulate matter);
Amendment 83 #
2009/2096(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that decarbonising transport is one of the main challenges of future EU transport policy and that all available, sustainable means should be used in order to achieve this, such as a more thorough application of the BATNEEC (Best Available Technique Not Entailing Excessive Cost) principle to new transport vehicles, an energy mix, price formation measures and internalising external costs of all modes of transport, provided that the ensuing revenue is used to improve the sustainability of mobility; underlines that, to this end, the priority development of financial incentives, ruling out any distortions of competition in the process, should be preferred to the imposition of sanctions;
Amendment 117 #
2009/2096(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Finds that the development of passenger and freight transport as a whole raises the issue not to transfer of traffic but rather of the effective use of the various modes of transport, and that the goal of European transport policy should therefore be effective comodalitycalls for a package of concrete and well targeted measures for a sustainable European transport policy, which aims to reduce transport volumes by inter alia spatial planning, green logistics, mobility management, to foster a modal shift towards more sustainable and safer transport modes, such as rail and sustainable waterborne transport, and to effectively improve and use of the various modes of transport;
Amendment 149 #
2009/2096(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Finds that transport plays an essential role in completing the European Single Market and the freedom of movement of people and goods, and that regulated opening should be achieved, primarily in rail transport; this complete regulation and market opening should be accompanied by otherbased on measures aimed at avoiding distortions of intra-modal and inter-modal competition, inter alia in the social, fiscal, safety and environmental fields; the internalisation of external social and environmental costs should be realised gradually, starting with the more polluting road and air transport modes;
Amendment 156 #
2009/2096(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for competition and fiscal policies in the transport sector to put an end to unfair competition in favour of more polluting modes, such as road and air transport; demands therefore the Commission inter alia to propose to end tax exemptions on kerosene and VAT exemptions for transborder EU flight tickets;
Amendment 215 #
2009/2096(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that intelligent decisions, behaviour and systems in transport organisation, such as intermodal and interoperable use of ERTMS, RIS, Galileo and ITS, need support can be in terms of research as well as in theiresting tools and that research, development and application, since they lead to considerablehould lead to environmental improvements due to a reduction in exhaust gases and traffic noise, improve safety by creating solutions to infrastructure bottlenecks and, not least, result in increased energy independenbetter use existing infrastructure capacity and to reduce bottlenecks and, not least, result in less dependency on non-renewable energy sources;
Amendment 256 #
2009/2096(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises that an efficient transport policy requires adequate funding, and that a transport fund might be created using, inter alia, existing funds in the EU budget, part of the revenues from the internalisation of external costs, such as through Eurovignette, part of the structural and cohesion policy funds and PPPs or other financial instruments; such a fund should be used to improve infrastructure, support research and promote the implementation of intelligent transport (maximum 20% for roads and minimum 15% for cycling and walking infrastructure), support research and promote intelligent transport decisions, behaviour and systems and should be guided by award criteria which take account of environmental, social, and securiafety efficiency;
Amendment 276 #
2009/2096(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Underlines that sustainable transport and mobility systems, such as rail, tramways, buses and bicycles, including their industries and services, offer a unique opportunity for creating stable jobs and contribute in the medium and long term to the avoidance of external costs for our society; calls therefore on the Commission and the Member States to cofinance and promote this sector, at least in a way similar as to what has been done during the last year in favour of banks and the automobile industry;
Amendment 296 #
2009/2096(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls for inland waterway transport, inland ports and the multimodal linking of seaports with the hinterland and rail connections to play a greater role in European sustainable transport policy; underlines that better transborder cooperation and coordination between ports, waterborne and rail transport can substantially contribute to reduce the crossing of sensitive landscapes, such as the Alpine regions and thereby avoid and/or reduce landscape damage and inland infrastructure costs;
Amendment 315 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 1 a new
Paragraph 20 - indent 1 a new
Amendment 320 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 2
Paragraph 20 - indent 2
- a doubling of the number of bus and railmarket share of walking, cycling, bus, tramway, rail and carsharing users in urban areas by 2020,
Amendment 330 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 3
Paragraph 20 - indent 3
- a 230% reduction in CO2 exhaust emissions from road trafficthe transport sector compared with 2011990,
Amendment 333 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 3 a (new)
Paragraph 20 - indent 3 a (new)
- binding standards for the EU fleet average of CO2 emissions for passenger cars of 80 g/km by 2020 and 60 g/km by 2025,
Amendment 334 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 3 b (new)
Paragraph 20 - indent 3 b (new)
- binding standards for the EU fleet average of CO2 emissions for light commercial vehicles of 160 g/km by 2015 and 125 g/km by 2020,
Amendment 339 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 4
Paragraph 20 - indent 4
- a 20% reduction in the electricity used by rail vehicles compared with 2010 and a 100% use of renewable energy by electrified systems in the rail sector by 2020,
Amendment 345 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 4 a (new)
Paragraph 20 - indent 4 a (new)
- a 20% increase in e-bikes and electric vehicles in rail and tramway transport,
Amendment 350 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 5
Paragraph 20 - indent 5
- starting from 2011, fitting an ERTMS- compatible and interoperable system to all new railway rolling stock and link lines and finalizing it at the latest by 2015,
Amendment 366 #
2009/2096(INI)
Motion for a resolution
Paragraph 20 - indent 7
Paragraph 20 - indent 7
- financial support for the creation of multimodal connections (platforms) for inland waterway transport to be connected with rail, and a 20% increase in the number of such platforms, by 2020,
Amendment 92 #
2009/0170(COD)
Proposal for a regulation
Article 2 – introductory phrase – point 4
Article 2 – introductory phrase – point 4
(4) 'cause‘factors' means actions, omissions, events, conditions, or a combination thereof, which led to the accident or incident; the identification of causefactors does not imply the assignment of fault or the determination of administrative, civil or criminal liability;
Amendment 98 #
2009/0170(COD)
Proposal for a regulation
Article 2 – point 16 a (new)
Article 2 – point 16 a (new)
(16a) 'Preliminary Report' means the communication used for the prompt dissemination of data obtained during the early stages of the investigation.
Amendment 104 #
2009/0170(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Safety investigations referred to in paragraph 1 and 3 shall in no case be concerned with apportioning blame or liability. They shall be independent, separate from and without prejudice to any judicial or administrative proceedings or financial interests to apportion blame or liability.
Amendment 140 #
2009/0170(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The flight data recorder recordings shall not be made available or used for purposes other than safety investigation, except when such records are: (a) used for airworthiness or maintenance purposes only; or and (b) de-identified; or and (c) disclosed under secure procedures.
Amendment 143 #
2009/0170(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The head of the safety investigation authority is authorised to inform victimes and their families or their associations or, make public any information on issues of immediate concern, such as the release of human remains and personal effects held as a part of the investigation, information on the factual observations and the proceedings of the safety investigation and possibly preliminary conclusions and/or, preliminary reports and safety recommendations, provided that it does not compromise the objectives of the investigation.
Amendment 169 #
2009/0170(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a This Regulation shall be subject to a review no later than 4 years after its entry into force. To this effect, and based inter alia on a wide consultation of stakeholders and the Network, the Commission shall assess the implementation of this Regulation and present a written review report, no later than five years after its entry into force, including proposals for legislative changes where necessary. The review shall inter alia address: 1) The disclosure of sensitive safety information to the judiciary, and the impact such disclosure may have on safety investigations and the management of safety, and 2) Best practices developed by Member States on the limitation of such disclosure to specific cases, and the related cooperation between the accident investigation authorities and judicial authorities.
Amendment 3 #
2009/0110(COD)
Proposal for a decision
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to reflect the fact that the trans-rapid project between Munich and Munich airport has been abandoned, plans 3.3 and 3.11 should be updated by deleting any reference to this link contained therein.
Amendment 233 #
2009/0064(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. This section shall not apply where the issuer or the non-listed company concerned are small and medium enterprises that employs fewer than 250 persons, have an annual turnover not exceeding 50 million euro and/or an annual balance sheet not exceeding 43 million euro.
Amendment 253 #
2009/0064(COD)
Proposal for a directive
Article 27 a (new)
Article 27 a (new)
Amendment 255 #
2009/0064(COD)
Proposal for a directive
Article 27 b (new)
Article 27 b (new)
Amendment 298 #
2009/0064(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Amendment 300 #
2009/0064(COD)
Proposal for a directive
Article 29 b (new)
Article 29 b (new)
Amendment 305 #
2009/0064(COD)
Proposal for a directive
Article 30
Article 30
Where, following an acquisition of 30 % or more of the voting rights ofa controlling influence over an issuer, the shares of that issuer are no longer admitted to trading on a regulated market, it shall nevertheless continue to comply with its obligations under Directive 2004/109/EC for two years from the date of withdrawal from the regulated market.
Amendment 344 #
Amendment 37 #
2009/0063(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) State financing of aviation security should respect fair competition between all modes of transport. Disadvantages in the framework of financing security for more sustainable modes, such as rail, should be stopped and/or avoided.
Amendment 38 #
2009/0063(COD)
Proposal for a directive
Recital 2
Recital 2
2. The collection of charges with respect to the provision of air navigation services and groundhandling services has already been addressed by Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services and Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports, respectively. Increasing investments for installing new security screening and scanning machines at airports should not lead to saving money in the field of personnel and watering down health, education and social standards for the personnel concerned within the framework of liberalised security services. The Commission should therefore propose additional guarantees in favour of security personnel at airports, when reviewing the abovementioned ground handling legislation.
Amendment 8 #
2008/2240(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Commission has convincingly described the public health nuisance caused by rail noise, butand, by way of a cornerstone to its rail noise abatement initiative, is merely setting out a requirementshould boost the action plan for freight wagons to be retrofitted with low- noise brakes,
Amendment 14 #
2008/2240(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that efficient and sustainable mobility greatlycan benefits personal quality of life, growth and employment in the EU, trade; notes that the Göteborg Summit underlined the necessity of decoupling economic growth from an increase in transport volumes, without jeopardising trade between Member States and with non-EU countries, and or the firms and employees involved directly or indirectly in the transport sector;
Amendment 16 #
2008/2240(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that motorised mobility also entails adverse consequences for climate change, oil dependency, the natural environment, and quality of life and health for people, and therefore maintains that European transport policy - without disregardingbalanced with the legitimate interests of individuals and industry where mobility is concerned - should continue, according to the Treaty, intensify its efforts to integrate sustainable development and environmental legislation into the transport sector, to aim for greening so as to cancel outavoid, or at any rate reduce, motorised mobility and the harmful effects of transport;
Amendment 22 #
2008/2240(INI)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Regretcognises that the Commission has failstarted to produce a plan tofor green transport, that is to say, every transport sector, and has instead,ing transport and has
Amendment 26 #
2008/2240(INI)
Motion for a resolution
Paragraph 5 – point a
Paragraph 5 – point a
a) adopting a piecemeal approach, submittedsubmitted a first basic set of guidelines for estimating the external costs of transport and for their internalisation in individual sectors,
Amendment 29 #
2008/2240(INI)
Motion for a resolution
Paragraph 5 – point b
Paragraph 5 – point b
b) again opting for a partial solution, confined its specific proposals to higher road tolls for heavy goods vehicles, and even those would apply only in Member States that so wished,opted for a stepwise solution, starting with road tolls for heavy goods vehicles and,
Amendment 32 #
2008/2240(INI)
Motion for a resolution
Paragraph 5 – point c
Paragraph 5 – point c
c) as regards rail noise abatement, merely listed a range of options and future measures;
Amendment 34 #
2008/2240(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 39 #
2008/2240(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and the Council to take the TERM-reports of the European Environment Agency (EEA) on 'Environmental Indicators for the Transport Sector' as a basis for the present and future 'greening transport policy';
Amendment 41 #
2008/2240(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Reminds the Commission that it promised to move the signed Transport Protocol of the Alpine Convention on its way to its earliest possible ratification;
Amendment 42 #
2008/2240(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that in its communication on the strategy for the internalisation of external costs, the Commission has failed toconfirmed results from several former studies on this issue; believes that in its Manual on Internalisation of external Transport Costs, the Commission has fulfilled the obligation, by providing a first scientific and basic response, imposed on it by Parliament and the Council, under the third paragraph of Article 11 of the Eurovignette Directive, since it has not - on its own admission - devised and put forward a generally applicable, transparent, and comprehensible model for the assessment of marginal minima of average external costs as a whole, given that it has not analysed the impacts on every mode of transport and, at the practical level, has not produced any basis for a strategy for the stepwise implementation of the model for all modes, starting with the most polluting, such as road and air transport;
Amendment 48 #
2008/2240(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes with dismay that the Commission communication did not make any substantivmade statements regarding the calculation of external costs for the different modes of transport, but merely referred to ain particular by using the ‘Handbook on estimation of external costs in the transport sector’, which, given the disparate nature of its contributions, is more likely to cause confusion than to and the ‘technical annex to the Strategy’ which shed light on unansweredmany questions;
Amendment 49 #
2008/2240(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 53 #
2008/2240(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 59 #
2008/2240(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. DeplorWelcomes the fact that the Commission has not so much as attempted in its communication to gauge, assess, and describeassess the impact that its proposed method for applying the 'polluter pays principle' and internalising external costs might have on restoring fair competition among the various modes of transport;
Amendment 63 #
2008/2240(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission when putting forward further proposals to green the transport sector, to include assessments of the impact of competition between transport modes and associated social and environmental impacts, as was done with the proposal to revise the Eurovignette Directive;
Amendment 66 #
2008/2240(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 73 #
2008/2240(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Agrees withEncourages the Commission thato, in view of the newly adopted arrangements to incorporate aviation into the emissions trading scheme and of the rules on airport charges, there is no need at present for proposals topropose the internaliseation of external costs where civil aviation, use of airspace and airports are concerned; calls on the Commission, however, to take steps without delay firstly to produce specific proposals for rail, sea, and inland waterway transport and secondly to perform the task deriving from Article 11, third paragraph, of the 2006 Eurovignette Directive by submitting as well as introduce kerosene taxation and VAT on cross-border EU flight tickets; calls on the Commission, however, to produce specific proposals for waterborne transport and review the rail charging Directive, a ccomprehensive plan for calculating and charging external costs and assessing their impact on the basis of a comprehensible modelrding to the principles of fair intermodal competition;
Amendment 74 #
2008/2240(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets that in its communication onUrges the Commission, the Council, the Member States, and the Railway Companies to boost rail noise abatement measures for the existing fleet, the Commission has failed to responding in the manner required by the urgent need to reduce the noise nuisance, from freight wagons in particular, forin favour of persons living by the side of railway lines, given that it has not proposed any measures producing effects in the short term; calls for the inclusion of budgetary measures that are efficient in the short term, particularly for such actions, that reduce noise at the source, and therefore can lead to less public infrastructure investments for noise protection (e.g. financing of acoustic walls);
Amendment 1 #
2008/2218(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Commission communication of 14 May 2008 on the results of the negotiations concerning cohesion policy strategies and programmes for the programming period 2007-2013 (COM(2008)301),
Amendment 2 #
2008/2218(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the Commission Report on the implementation of the Trans- European Transport Network guidelines 2004-2005 (COM(2009)0005),
Amendment 10 #
2008/2218(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the annexes to the Commission communication on the results of the negotiations concerning cohesion policy strategies and programmes for the programming period 2007-2013 show that around 49% of appropriations for transport projects are spent on roads, around 31% on railways and around 9% on urban transport, but it is not clear precisely which specific projects are co-financed,
Amendment 55 #
2008/2218(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to intensify its efforts to ensure betterimprove European coordination of territorial development (Territorial Agenda of the European Union) and transport planning; large differences between mountainous, coastal/island, central, peripheral and other trans-border areas have to be taken into accountconsidered, as well as the need for better integration into urban mobility systems;
Amendment 58 #
2008/2218(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Suggests in this connection that the European Spatial Development Perspective (ESDP) should be included as a basis for planning and that the available ESPON studies be included as scientific, planning-oriented background information on transport development;
Amendment 81 #
2008/2218(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the crucial role of Member States, in full partnership with their regional and local authorities, stakeholder of civil society and local populations, in deciding, planning and financing transport infrastructure, including European cross- border coordination and cooperation; expects more coherence from the European Council between requests for TEN-T projects and decisions on TEN-T budgets;
Amendment 104 #
2008/2218(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks the Commission to draw up a publisth and/or map choice of examples of regional trans- border rail- connections, which have been dismantled or abandoned, favouring especially those that could interconnect with TEN-T, and to launch a plan containing recommendations and possible measures on revitalising these rail connections and thus contributing to an European Union without borders and within regional internal markets, favouring especially those who are interconnecting with TEN-T;
Amendment 112 #
2008/2218(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission and the EIB to submit an annual list of specific co-financed projects to Parliament and the Council in the case of regional, cohesion and EIB co-financing of TEN-T projects, as is already the case for TEN-T co-financing;
Amendment 3 #
2008/2134(INI)
Draft report
Paragraph 5
Paragraph 5
Amendment 4 #
2008/2134(INI)
Draft report
Paragraph 6
Paragraph 6
Amendment 7 #
2008/2134(INI)
Draft report
Paragraph 7
Paragraph 7
7. Invites the Commission to examine the possibility of laying down simplified security procedures and screening processes for business aviation passengers, given that they are normally known to the operator;
Amendment 14 #
2008/2134(INI)
Draft report
Paragraph 10
Paragraph 10
Amendment 20 #
2008/2134(INI)
Draft report
Paragraph 11
Paragraph 11
Amendment 27 #
2008/2134(INI)
Draft report
Paragraph 14
Paragraph 14
Amendment 29 #
2008/2134(INI)
Draft report
Paragraph 16
Paragraph 16
Amendment 33 #
2008/2134(INI)
Draft report
Paragraph 17
Paragraph 17
17. Considers that General and Business Aviation has a reducedn environmental impact in terms of CO2- and other greenhouse gas emissions, and noise, when compared with that of commercial air transportir pollution at airports and noise;
Amendment 34 #
2008/2134(INI)
Draft report
Paragraph 18
Paragraph 18
18. Believes it to be necessary, however, to reduce emissions through further enhancing the environmental performance of smaller aircraft by using cleanerincluding Business Aviation in EU legislation on emissions' standards for aircraft, phasing out the use of more polluting engines and fuels and by promoting research, technological development and innovation; in this respect stresses the importance of initiatives such as Clean Sky and CESAR;
Amendment 35 #
2008/2134(INI)
Draft report
Paragraph 19
Paragraph 19
19. NoteRegrets that the vast majority of General and Business Aviation falls outside the scope of the Commission proposal to extend the Emission Trading Scheme to aviation;
Amendment 38 #
2008/2134(INI)
Draft report
Paragraph 20
Paragraph 20
20. Is of the view that noise issues should be dealt with at nin the framework of EU legislational and local levels in accordance with the subsidiarity principEU competition rules;
Amendment 39 #
2008/2134(INI)
Draft report
Paragraph 21
Paragraph 21
21. Believes that policy-makers must have at their disposal adequate data and statistical information on General and Business Aviation in order to fully understand the sector and thus be able to regulate it properly; therefore calls on the Commission and EUROSTAT to develop and implement a systematic approach to the gathering and sharing of international and European data;
Amendment 42 #
2008/2134(INI)
Draft report
Paragraph 23
Paragraph 23
23. Calls on the Commission to take appropriate measures to facilitate access ofencourage the EU's General and Business Aviation manufacturing industry to become more energy saving and less polluting and thereby get better access to world markets;
Amendment 45 #
2008/2134(INI)
Draft report
Paragraph 25
Paragraph 25
25. Calls on the Commission to reinforcecarry out a detailed check on whether support for aeronautical research, development and innovation, in particular bycluding to SMEs that develop and build aircraft for General and Business Aviation cannot be considered as hidden subsidies;
Amendment 46 #
2008/2134(INI)
Draft report
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes that Business Aviation is already paying kerosene taxes; requests the Commission to also propose VAT on tickets and kerosene taxation for EU transborder commercial aviation;
Amendment 48 #
2008/2134(INI)
Draft report
Paragraph 26
Paragraph 26
Amendment 1 #
2008/2121(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Regards the application of that directiveCalls on the Commission to produce a detailed analysis showing how the individual components of the directive have been implemented in the various Member States and itswhat effects onthe directive has had in terms of harmonisation of copyright as satisfactory;
Amendment 8 #
2008/2121(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that protecting copyright and neighbouring rights is one of the necessary conditions for stimulating creativity and innovation, as well as for safeguarding cultural identities; believes that new legal models need to be established in order to protect forms of copyright suited to the online world without encroaching on fundamental rights such as the protection of privacy and data protection;
Amendment 161 #
2008/0247(COD)
Council position
Annex I - point 3
Annex I - point 3
3. SE, DK, DE, AT,(CH,) IT Stockholm-Malmö-Copenhagen- Hamburg-Innsbruck-Verona-PalermoWürzburg/Nürnberg/Regensburg- (Lötschberg/St Gotthard)-Napoli
Amendment 42 #
2008/0246(COD)
Proposal for a regulation – amending act
Recital 16 a (new)
Recital 16 a (new)
(16a) The Commission should propose clear rules for passengers' rights (in relation to responsibility, liability, accessibility, rights of persons with disabilities or with reduced mobility) at points of transfer of passengers between land and sea or inland waterway transport.
Amendment 58 #
2008/0246(COD)
Council position – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States/port authorities should improve existing infrastructure and carriers should improve their ships, where this is necessary to ensure barrier- free access for disabled persons and persons with reduced mobility as well as to provide appropriate assistance.
Amendment 81 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 9 – paragraph 1
Article 9 – paragraph 1
1. On departure from, transit through or arrival at a port, the Carrier shall be responsible for ensuring the provision of the assistance specified in Annex II to disabled persons and persons with reduced mobility free of charge in such a way that person is able to board the departing service, or to disembark from the arriving service for which he purchased a ticket, without prejudice to the access rules referred to in Article 8(1). The assistance should be adapted to the individual needs of the person with a disability or reduced mobility.
Amendment 108 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. The carrier or managing body of the port shall ensure that passengers with disabilities or reduced mobility receive the information required under paragraphs 1 and 2 in accessible formats.
Amendment 137 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 25 – paragraph 1
Article 25 – paragraph 1
1. CarrierMember States' authorities shall set up an independent complaint handling mechanism, accessible for all passengers, including persons with disabilities and persons with reduced mobility, for rights and obligations covered by this Regulation.
Amendment 17 #
2008/0239(COD)
Proposal for a regulation – amending act
Article 1 – point 6 – point a
Article 1 – point 6 – point a
Regulation (EC) No 1692/2006
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(a) In the first paragraph, point (d) the wordsphrase ‘the relative environmental merits of the actions’ are replaced by ‘is amended as follows: ‘the relative environmental merits of the actions and the relative merits of the actions in terms of reduction of external costs‘.
Amendment 20 #
2008/0239(COD)
Proposal for a regulation – amending act
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Regulation (EC) No 1692/2006
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
7a. In Article 14, paragraph 2a is added: "2a The Communication referred to in paragraph 2 shall in particular deal with the following: - the impact of Regulation (EC) No .../2008 of the European Parliament and the Council of ... amending Regulation (EC) No 1692/2006 establishing the second "Marco polo" programme for the granting of Community financial assistance to improve the environmental performance of the freight transport system ("Marco Polo II")1, - the experience of the Executive Agency for Competition and Innovation with programme management, - the need to differentiate between transport modes in the conditions for funding, according to safety, environmental performance and energy efficiency, - the need for making the Traffic Avoidance actions more efficient, - the need to set up demand-related technical assistance at the application stage, taking into account the needs of small and micro transport companies, - the recognition of economic recession as an exceptional reason for extending the duration of projects, - product-specific lowering of eligibility thresholds, - the possibility of indicating the targets for minimum funding thresholds for proposed projects in terms of safety, energy efficiency and environmental benefits in addition to tonne-kilometres shifted, - the appropriateness of including the transport unit in the definition of the term "goods", - the availability of complete yearly overviews of projects which have been co- financed, - the possibility of creating a programme for granting 'intermodal sustainable mobility management actions for persons". 1 OJ L ...
Amendment 21 #
2008/0239(COD)
Proposal for a regulation – amending act
Annex I − Funding conditions and requirements according to Article 5(2)
Annex I − Funding conditions and requirements according to Article 5(2)
Regulation (EC) No 1692/2006
Point 2: Funding intensity and scope – Type of action: A. Catalyst – Article 5(1)(a) – point a
Point 2: Funding intensity and scope – Type of action: A. Catalyst – Article 5(1)(a) – point a
(a) Community financial assistance for catalyst actions shall be limited to a maximum of 35 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of the action. Such expenditure shall be eligible for Community financial assistance, to the extent to which it relates directly to the implementation of the action. The eligible costs related to ancillary infrastructure shall not be higher than 120% of the total eligible costs for the project.
Amendment 22 #
2008/0239(COD)
Proposal for a regulation – amending act
Annex I − Funding conditions and requirements according to Article 5(2)
Annex I − Funding conditions and requirements according to Article 5(2)
Regulation (EC) No 1692/2006
Point 2: Funding intensity and scope – Type of action: B. Motorways of the Sea – Article 5(1)(b) – point a
Point 2: Funding intensity and scope – Type of action: B. Motorways of the Sea – Article 5(1)(b) – point a
(a) Community financial assistance for MoS actions shall be limited to a maximum of 35 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of the action. Such expenditure shall be eligible for Community financial assistance, to the extent to which it relates directly to the implementation of the action. The eligible costs related to ancillary infrastructure shall not be higher than 120% of the total eligible costs for the project.
Amendment 24 #
2008/0239(COD)
Proposal for a regulation – amending act
Annex I − Funding conditions and requirements according to Article 5(2)
Annex I − Funding conditions and requirements according to Article 5(2)
Regulation (EC) No 1692/2006
Point 2: Funding intensity and scope – Type of action: C. Modal Shift – Article 5(1)(c) – point a
Point 2: Funding intensity and scope – Type of action: C. Modal Shift – Article 5(1)(c) – point a
(a) Community financial assistance for modal shift actions shall be limited to a maximum of 35 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of the action. Such expenditure shall be eligible for Community financial assistance to the extent to which it relates directly to the implementation of the action. The eligible costs related to ancillary infrastructure shall not be higher than 120% of the total eligible costs for the project.
Amendment 25 #
2008/0239(COD)
Proposal for a regulation – amending act
Annex I − Funding conditions and requirements according to Article 5(2)
Annex I − Funding conditions and requirements according to Article 5(2)
Regulation (EC) No 1692/2006
Point 2: Funding intensity and scope – Type of action: D. Traffic avoidance – Article 5(1)(d)
Point 2: Funding intensity and scope – Type of action: D. Traffic avoidance – Article 5(1)(d)
– point a
(a) Community financial assistance for traffic avoidance actions shall be limited to a maximum of 35 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of the action. Such expenditure shall be eligible for Community financial assistance, to the extent to which it relates directly to the implementation of the action. The eligible costs related to ancillary infrastructure shall not be higher than 120% of the total eligible costs for the project.
Amendment 8 #
2008/0238(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Combating organ trafficking should not remain the responsibility of the European Union alone. Member States should also take measures to that end, including reducing demand, promoting organ donation more effectively, maintaining strict legislation with regard to live donors, guaranteeing transparency of national registers and waiting lists, establishing the legal responsibility of the medical profession for tracking irregularities, and sharing information.
Amendment 9 #
2008/0238(COD)
Proposal for a directive
Article 13 - paragraph 3 c (new)
Article 13 - paragraph 3 c (new)
3c. Member States shall intensify their cooperation under the auspices of Interpol and Europol in order to address the problem of trafficking in organs more effectively.
Amendment 10 #
2008/0238(COD)
Proposal for a directive
Article 13 - paragraph 3 d (new)
Article 13 - paragraph 3 d (new)
3d. Member States shall, in order to minimise the risk of organ trafficking in the European Union, reduce demand, promote organ donation more effectively, maintain strict legislation with regard to live unrelated donors, guarantee transparency of national registers and waiting lists, establish the legal responsibility of the medical profession for tracking irregularities, and share information.
Amendment 33 #
2008/0237(COD)
Proposal for a regulation – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) According to the conclusions of the COST 349 project, the Commission should propose action for accessible infrastructure, interoperable at a European level, at bus and coach terminals and stops.
Amendment 36 #
2008/0237(COD)
Proposal for a regulation – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) The Commission should devise a European standard for making public transport infrastructure accessible to wheel chairs, taking into account their safe carriage in public transport vehicles, including in buses and coaches.
Amendment 41 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 1 – point 3
Article 1 – point 3
(3) barrier-free access, non-discrimination and mandatory assistance for disabled persons and persons with reduced mobility travelling by bus or coach;
Amendment 52 #
2008/0237(COD)
Council position – amending act
Recital 11 b (new)
Recital 11 b (new)
(11b). Member States should improve existing infrastructure and carriers should improve their vehicles, where this is necessary to ensure barrier-free access for disabled persons and persons with reduced mobility as well as to provide appropriate assistance.
Amendment 103 #
2008/0237(COD)
Council position – amending act
Article 25
Article 25
Carriers shall set up or have in place a complaint mechanism for the rights and obligations set out in Articles 4, 8 and 9 to 24this Regulation. In addition Member States shall set up an independent mechanism, whereby complaints shall be solved in case of disagreement on the level of the carriers’ complaint mechanism.
Amendment 116 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 20 – point c a (new)
Article 20 – point c a (new)
(ca) in case of denied boarding, due to overbooking, have the right to compensation amounting to 200 % of the ticket price if the bus and/or coach undertaking fails to provide alternative services or information as referred to in point (a). The compensation shall be paid in cash if the passenger so requests, and at the latest within one month after submission of the request for compensation.
Amendment 131 #
2008/0237(COD)
Proposal for a regulation – amending act
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Bus and/or coach undertakingThe authorities of the Member States shall set up a complain independent handling mechanism, accessible for all passengers, including passengers with disabilities and passengers with reduced mobility, for rights and obligations covered by this Regulation.
Amendment 291 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver at the agreed moment, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1either immediately rescind the contract or to receive the good at a later date to be determined by the consumer.
Amendment 295 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. If delivery does not take place within the new delivery period under paragraph 2, the consumer is entitled to rescind the contract.
Amendment 296 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
2b. The consumer may rescind the contract under paragraphs 2 or 3 by giving notice to the trader in writing or on another durable medium. The trader is required to refund any sums paid within seven days from the date he receives the consumer’s notice.
Amendment 306 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point c
Article 24 – paragraph 2 – point c
(c) they are fit for the purposes for which goods of the same type are normally used or; and
Amendment 309 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 2 – point d
Article 24 – paragraph 2 – point d
(d) they show the quality and performance which are normal in goods of the same type including the consideration of the purpose, the appearance and finish, the freedom from minor defects and the durability of the product, availability of after-sales services and of spare parts, the conformity to legal requirements regarding the safety of goods, and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader, the producer or his representative, particularly in advertising or on labelling.
Amendment 311 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or shcould not reasonably have been unaware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 315 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 4 – point b
Article 24 – paragraph 4 – point b
(b) by the time of conclusion of the contract the statement had been corrected by the same means and in due time before;
Amendment 357 #
2008/0196(COD)
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a Direct producer’s liability 1. The producer is liable towards the consumer to repair or replace the goods for any lack of conformity that existed at the date of the purchase. 2. The producer shall repair or replace the goods, at his choice, at the latest 30 days after having been notified of the lack of conformity without prejudice to article 28.1. 3. This Article is without prejudice to the provisions of national law concerning the right of contribution or recourse.
Amendment 362 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable,include the information that the commercial guarantee cannot be transferred to a subsequent buyer.
Amendment 371 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Contract terms shall be expressed in plain, intelligible language and be legible, easily and permanently accessible; they should be provided in the language in which the contract is concluded.
Amendment 372 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. A contract term which has been supplied by the trader in breach of the duty of transparency according to this article shall on that ground alone be considered unfair.
Amendment 373 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. The contract terms shall be presented at a place where the consumer reasonably expects to find them.
Amendment 376 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 389 #
2008/0196(COD)
Proposal for a directive
Article 33
Article 33
Where the trader claims that a contract term has been individually negotiatedis compliant with the transparency requirement of article 31, the burden of proof shall be incumbent on him.
Amendment 34 #
2008/0195(COD)
Proposal for a directive
Article 1 - point 2 - point d a (new)
Article 1 - point 2 - point d a (new)
Directive 2002/15/EC
Article 3– point h
Article 3– point h
(da) point (h) is amended as follows: "(h) 'night time' shall mean the period between 22.00 and 06.00;"
Amendment 40 #
2008/0195(COD)
Proposal for a directive
Article 1 - point 6 - point 1 a (new)
Article 1 - point 6 - point 1 a (new)
Directive 2002/15/EC
Article 11 a – paragraph 1a (new)
Article 11 a – paragraph 1a (new)
(1a) Member States shall , based on Regulation (EEC) No 3821/85 integrate the use of the digital tachograph also for vehicle-related activities, of relevance to working time, such as loading and unloading of the vehicle and other activities.
Amendment 3 #
2008/0157(COD)
Proposal for a regulation – amending act
-
-
The European Parliament rejects the Commission proposal.
Amendment 10 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) The Commission should lunch an impact assessment procedure to consider whether there is a need to extend the term of protection that currently applies in the audiovisual sector (artists performers, producers and broadcasters).
Amendment 14 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The term of protection for fixations of performances and for phonograms should therefore be extended to 95 years after publication of the phonogram and the performance fixed therein. If the phonogram or the performance fixed in a phonogram has not been published within the first 50 years, then the term of protection should run for 95 years from the first communication to the public. If the performer is still alive at the end of the existing period of protection under Directive 2006/116/EC, the performance rights shall continue for the rest of the performer's life.
Amendment 23 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 9
Recital 9
(9) For the sake of legal certainty it should be provided that in the absence of clear indications to the contrary, a contractual transfer or assignment of rights in the fixation of the performance concluded before the date by which Member States are to adopt measures implementIn order to ensure that performers, rather than record producers, benefit from the extended term, it should be provided that any existing contract purporting to assign any extension ing the directive shall continucopyright term shall have tno produce its effects foreffect as regards the extended tpermiod from 50 years to life.
Amendment 34 #
2008/0157(COD)
Proposal for a directive – amending act
Recital 13
Recital 13
(13) Those monies should be reserved solely for the benefit of performers whose performances are fixed in a phonogram and who have transferred their rights to the phonogram producer against a one-off payment. The monies set aside in this manner should be distributed to non- featured performers at least once a year on an individual basis. Member States may require that distribution of those monies is entrusted to collecting societies representing performers. When the distribution of those monies is entrusted to collecting societies, national rules on non- distributable revenues may be applied. According to the principles stated in the UNESCO Universal Declaration on Cultural Diversity, collecting societies have to play their fundamental role in preserving cultural diversity.
Amendment 57 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1 - sentence 2
Article 3 – paragraph 1 - sentence 2
However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier, - if a fixation of the performance in a phonograph is lawfully published or lawfully communicated to the public within this period, the rights shall expire 95 years from the date of the first such publication or the first such communication to the public, whichever is the earlier. However, if at the end of this period, a performer is alive, the rights of that performer shall continue to subsist until the date of his or her death.
Amendment 64 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 2 a(new)
Article 1 – point 2 a(new)
Directive 2006/116/EC
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a) In Article 3 the following paragraph 2a shall be inserted: (2a) If the fixation of a performance on a phonogram has at any time been made available to the public through the sale of copies or otherwise, or communicated to the public, but that phonogram ceases to be made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them for a period of three years, the performers whose performances are embodied in that phonogram shall be entitled to call upon the phonogram producer to transfer all rights in the phonogram and all rights in the performances to the performers. If the holder of such rights fails to transfer the rights voluntarily within 3 months of receiving such a request, the rights shall be deemed to be so vested. No compensation shall be payable. Where a phonogram embodies the performances of more than one performer, this right may be exercised by all the performers collectively or by any individual performer, but where the right is exercised by an individual performer the rights must be vested in a collecting society.
Amendment 72 #
2008/0157(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a
Article 10a
1. In the absence of clear indications to the contrary, aA contract, concluded before [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below], whereby a performer has transferred or assigned his rights other than to a collecting society in the fixation of his performance to a phonogram producer (hereinafter: a "contract onf transfer or assignment"), shall be deemed to continuenot to produce itsany effects beyond the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive], the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram. 2. Paragraphs 3 to 6 of this article shall apply to contracts on transfer or assignment which continue to produce their effects beyond the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram. 3. Where a contract on transfer or assignment gives the performer a right to claim a non recurring remuneration, the performer shall have the right to obtain an annual supplementary remuneration from the phonogram producer for each full year in which, by virtue of Article 3 (1) and (2) in its version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram. 4. The overall amount to be dedicated by a phonogram producer to payments of the supplementary remuneration referred to in paragraph 3 shall correspond to at least 20 percent of the revenues which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending d. 2. Where a performer has not transferred the management of his rights to a collecting society as regards the additional term of protection that is conferred as a result of this Directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year. Member States may provide that a phonogram producer whose total annual revenue, during the year preceding that for which the said remuneration is paid, does not exceed a minimum threshold of € 2 million, shall not be obliged to dedicate at least 20 percent of the revenues which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected on 31 December of the said year. 5. Member States may regulate whether and to what extent administration by collecting societies of the right to obtain an annual supplementary remuneration referred to in paragraph 3 may be imposed. 6. If, after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases to offer copies of the phonogram for sale in sufficient quantity or to make it available to the public, by wire or wireless means, in such a way that members of the public may access them from a place ant at a time individually chosen by them, the performer may terminate the contract on transfer or assignment. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointly. If the contract on transfer or assignment is terminated pursuant to sentences 1 or 2, the rights of the phonogram producer in the phonogram shall expire. If, one year after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram is not made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, the rights of the phonogram producer in the phonogram and the rights of the performers in relation to the fixation of their performance shall expirecollecting society which manages rights of the same category shall be deemed to be mandated to manage his rights. The performer shall retain his moral rights. 3. The collecting society shall distribute revenues it receives from the exploitation of phonograms equitably, and in such a manner as to reflect the nature and extent of the contribution of each performer whose protected performance is embodied in a phonogram.
Amendment 29 #
2008/0147(COD)
Council position – amending act
Recital 2
Recital 2
(2) The objective of reducing the negative impacts of transport should be achieved in such a way as to avoid disproportionate obstacles to the freedom of movement in the interest of sound economic growth, the proper functioning of the internal market and territorial cohesion. It should also be emphasised that the principle of internalising external costs is the equivalent of a management instrument and should therefore be used to encourage road users and the related industrial sectors to exploit and expand their respective capabilities in the area of environmentally-friendly transport, for example by means of changes in driving behaviour or further technological development. It is vital that ways and means should be found of reducing the damage caused by road transport, including the impact on the health and well-being of people living nearby, rather than simply using the resulting revenue to cover the relevant costs.
Amendment 37 #
2008/0147(COD)
Council position – amending act
Recital 25
Recital 25
Amendment 41 #
2008/0147(COD)
Council position – amending act
Article 1 – point 1 – point (c)
Article 1 – point 1 – point (c)
Directive 1999/62EC
.Article 2 – point (bb)
.Article 2 – point (bb)
(bb) '‘external- cost charge'’ means a charge levied through a toll for the purpose of recovering the costs incurred inby a Member State related to traffic-based air pollution and/or traffic-based noise pollution;
Amendment 45 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 c – paragraph 1 – .subparagraph 1
Article 7 c – paragraph 1 – .subparagraph 1
1. The external-cost charge may be related to the cost of traffic-based air pollution. On road sections crossing areas with a concentration of population exposed to road traffic-based noise pollution, the external-cost charge may include the cost of traffic-based noise pollution. The external-cost charge shall vary and be set in accordance with the minimum requirements and the methods as specified in Annex IIIa and shall respect the maximum values set out in Annex IIIb.
Amendment 50 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 c – paragraph 3
Article 7 c – paragraph 3
3. The external-cost charge related to traffic-based air pollution shall not apply to vehicles which comply with the most stringent EURO emission standards until fourtwo years after the dates of application laid down in the rules which introduced those standards.
Amendment 53 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 f – paragraph 1 – subparagraph 1 - introductory part
Article 7 f – paragraph 1 – subparagraph 1 - introductory part
1. In exceptional cases concerning infrastructure in mountainous regions and conurbations, and after informing the Commission, a toll mark-up may be added to the infrastructure charge levied on specific road sections which are subject to acute congestion, or the use of which by vehicles is the cause of significant environmental damage, on condition that:
Amendment 55 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 f – paragraph 1 – subparagraph 1 – point (a)
Article 7 f – paragraph 1 – subparagraph 1 – point (a)
(a) the revenue generated from the mark-up is invested in financing the construction of priority projects designed to promote sustainable mobility and which are of European interest, identified in Annex III to Decision No 661/2010/EU of the European Parliament and of the Council of 7 July 2010 on Union guidelines for the development of the trans-European transport network**, which contribute directly to the alleviation of the congestion or environmental damage and which are located in the same corridor as the road section on which the mark-up is applied;
Amendment 56 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 f – paragraph 1 – subparagraph 1 – point (b)
Article 7 f – paragraph 1 – subparagraph 1 – point (b)
(b) the mark-up does not exceed 15 % of the weighted average infrastructure charge calculated in accordance with Article 7b(1) and Article 7e, except where the revenue generated is invested in cross-border sections of priority projects designed to promote sustainable mobility and which are of European interest involving infrastructure in mountainous regions, in which case the mark-up may not exceed 25 %;
Amendment 57 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 5
Recital 5
(5) In order to move towards a sustainable transport policy, transport prices should better reflect the costs related to traffic- based air pollution, traffic-based noise pollution, climate changedamage to nature and the landscape, climate change, oil dependency, accidents other than those covered by insurance, and congestion caused by the actual use of vehicles, trains, planes or ships as a means of optimising the use of infrastructure, reducing local pollution, managing congestion and fighting against climate change at least cost for the economy. This calls for a stepwise approach in all transport modes, taking into account their particular characteristics.
Amendment 59 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 f – paragraph 5
Article 7 f – paragraph 5
5. The amount of the mark-up shall be deducted from the amount of the external-cost charge calculated in accordance with Article 7c, except for vehicles of EURO emission classes 0, I, II, III and IV.
Amendment 68 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 8
Recital 8
Amendment 73 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 h – paragraph 3 – point (d a) (new)
Article 7 h – paragraph 3 – point (d a) (new)
(da) a specific plan indicating how additional revenue from external cost charges is to be used to reduce the negative impacts of transport.
Amendment 75 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 h – paragraph 4 – subparagraph 2
Article 7 h – paragraph 4 – subparagraph 2
The Member State concerned shall adapt the proposed external-cost charge in order to be in conformity with the decision. The decision of the Commission shall be made available to the Committee referred to in Article 9d and to the European Parliament.
Amendment 76 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
.Article 7 j – paragraph 3
.Article 7 j – paragraph 3
3. If a Member State levies a toll on a vehicle, the total amount of the toll, the amount of the infrastructure charge orand the amount of the external-cost charge shall be indicated in a receipt provided to the haulier, as far as possible by electronic means.
Amendment 78 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 j – paragraph 4
Article 7 j – paragraph 4
4. Where economically feasible, Member States shall levy and collect external-cost charges by means of an electronic system which complies with the requirements of Article 2(1) of Directive 2004/52/EC. Member States shall also cooperate to ensure that they use interoperable electronic systems which can be used on one another's territory, with the provision that, if necessary, the rates can be adjusted.
Amendment 79 #
2008/0147(COD)
Council position – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 j – paragraph 4 a (new)
Article 7 j – paragraph 4 a (new)
4a. As soon as the operability of toll collecting services based on the Galileo satellite positioning system is technically feasible, external cost charges shall be levied and collected by an interoperable European electronic toll collecting system as specified in Directive 2004/52/EC.
Amendment 85 #
2008/0147(COD)
Council position – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – point (e)
Article 9 – paragraph 2 – point (e)
(e) developing alternative infrastructure for transport users and/or expanding current capacity in order to support a safer and more environmentally friendly transport system;
Amendment 88 #
2008/0147(COD)
Council position – amending act
Article 1 – point 8
Article 1 – point 8
Directive 1999/62/EC
Article 11 – paragraph 1 – point (c a) (new)
Article 11 – paragraph 1 – point (c a) (new)
(ca) the effect of the external cost charge or infrastructure charge on modal shift, on the optimisation of road transport and on the environment, and the effect of the external cost charge on the external costs which the Member State is seeking to cover by means of the charge; and
Amendment 90 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 14
Recital 14
(14) Tolls based on distance travelled should be allowed to include an external cost element based on the cost of traffic- based air and noise pollution, damage to nature and the landscape, climate change, oil dependency, and accidents other than those covered by insurance. Furthermore, on roads that are usually congested and during peak periods congestion costs which are mostly borne at local level should also be allowed to be recovered through the external cost charge. The external cost element included in tolls should be allowed to be added to the cost of infrastructure, provided that certain conditions are respected in the calculation of costs so as to avoid undue charging.
Amendment 91 #
2008/0147(COD)
Council position – amending act
Article 1 – point 8
Article 1 – point 8
Directive 1999/62/EC
Article 11 – paragraph 1 – point (c b) (new)
Article 11 – paragraph 1 – point (c b) (new)
Amendment 93 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) To better reflect the cost of traffic- based air and noise pollution, and congestiondamage to nature and the landscape, climate change, oil dependency, congestion and accidents other than those covered by insurance, the external cost charge should vary according to the type of roads, type of vehicles and time periods such as daily, weekly or seasonal peak and off peak periods and night period.
Amendment 94 #
2008/0147(COD)
Council position – amending act
Article 1 – point 8
Article 1 – point 8
Directive 1999/62/EC
Article 11 – paragraph 2 –subparagraph 1 – point (c a) (new)
Article 11 – paragraph 2 –subparagraph 1 – point (c a) (new)
(ca) the degree of interoperability between different toll systems in the member states as required by Directive 2004/52/EC.
Amendment 96 #
2008/0147(COD)
Council position – amending act
Article 1 – point 8
Article 1 – point 8
Directive 1999/62/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
3. By …, at the latest, the Commission shall present a report that summarises the other measures, such as regulatory policies, taken to internalise or reduce o the European Parliament and the Council on the implementation and effects of this Directive, in particular as regards the effectiveness of the provisions on the recovery of the traffic-based pollution and noise and on the inclusion of vehicles of more than 3.5 and less than 12 tonnes. The report shall also assess: (a) the relevance of integrating other external costs related to environment, noise and health from all transport modes, including the legal basis and maximum values used. In order to ensure fair intermodal competition while gradually charging the external costs of all transport modes, it shall include a timetable of in the calculation of tolls, especially the cost of CO2 emissions should the definition of a common fuel tax element related to climate change have not yielded satisfactory results, the cost of accidents and the cost of biodiversity loss; (b) the relevance of extending the scope of this Directive to other categories of vehicles; (c) the possibility of adopting a revised classification of vehicles for the purposes of varying tolls taking into account the average impact on the environment, congestion and infrastructure, their CO2 and energy performance, and the practical and economic feasibility of levying and enforcing tolls; (d) the technical and economic feasibility of introducing on the main inter-urban roads minimum distance-based charges. The report shall identify the possible types of road sections to be charged, the possible ways of levying and enforcing in a cost-effective way such charges and a common simple method to set the minimum rates; (e) the technical and economic feasibility of gradually abolishing time-based charging systems and introducing distance-based systems and the need to maintain a derogation for Member States with external borders with third countries to continue to apply time-based charging systems to heavy goods vehicles queuing at border-crossing points; and (f) the need for a proposal for a scheme to ensure the consistent and simultaneous internalisation of external costs for all other measures which remain to be taken to address the modes of transport and/or theodes of transport; (g) the options and propose concrete steps on how best to tackle the effects of climate change within the framework of this the Directive; (h) the options and propose concrete steps on how best to tackle the need to drastically reduce the dependency on oil; The report shall be accompanied by an assessment of the progress of the internalisation of external- cost elements not taken is for all modes of transport and by a proposal to the European Parliamento account yet." nd the Council for further revision of this Directive;
Amendment 98 #
2008/0147(COD)
Council position – amending act
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Directive 1999/62/EC
Article 2
Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by …*. They shall forthwith communicate to the Commission the text of those provisions. * OJ: Please insert date: 3618 months after the entry into force of this Directive.
Amendment 99 #
2008/0147(COD)
Council position – amending act
Annex
Annex
Directive 1999/62/EC
Annex III a – point 2 – subpoint 2
Annex III a – point 2 – subpoint 2
Where applicable, it shall also notify the Commission of the exact time periods corresponding to the night period during which a higher external noise-cost charge may be imposed to reflect greater noise nuisances.
Amendment 100 #
2008/0147(COD)
Council position – amending act
Annex
Annex
Directive 1999/62/EC
Annex III a – point 3 – subpoint 1
Annex III a – point 3 – subpoint 1
For each vehicle class, type of road and time period, the Member State or, if appropriate, an independent authority shall determine a single specific amount. The resulting charging structure, including the start time and the end time of each night period where the external-cost charge includes ta higher cost of noise pollution, shall be transparent, made public and available to all users on equal terms. The publication should occur in a timely manner before implementation. All parameters, data and other information necessary to understand how the various external-cost elements are calculated shall be made public.
Amendment 103 #
2008/0147(COD)
Council position – amending act
Annex
Annex
Directive 1999/62/EC
Annex III b – point 2 – subpoint 2
Annex III b – point 2 – subpoint 2
The values in Table 2 may be multiplied by a factor of up to 25 in mountain areas to the extent that it is justified by the gradient of roads, temperature inversions and/or amphitheatre effect of valleys.
Amendment 145 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 26
Recital 26
(26) A comprehensive assessment of the experience acquired in those Member States which apply an external cost charge in accordance with this Directive should be sent in due time by the Commission to the European Parliament and the Council. This assessment should also include an analysis of progress in the strategy to fight climate change, including in defining a common fuel tax element related to climate change in Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, including of the fuel used by heavy goods vehicles. In the light of this progress, the question of carbon dioxide emissions should be included and an analysis of any other further appropriate actions should be continued.
Amendment 150 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 26 a (new)
Recital 26 a (new)
(26a) Member States in receipt of EU co- funding for road infrastructure should provide the Commission with an estimate of the revenues expected from applying this Directive.
Amendment 154 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 27 a (new)
Recital 27 a (new)
(27a) The use of EU funds and revenues from road charging within the framework of this Directive should incorporate the requirements of Directive 2004/52/EC on Interoperability of Road Toll Systems.
Amendment 155 #
2008/0147(COD)
Proposal for a directive – amending act
Recital 27 b (new)
Recital 27 b (new)
(27b) The sensitive trans-border mountainous Alpine region should apply the principles of the Transport protocol of the Alpine Convention and therefore be encouraged to introduce additional non- discriminatory measures for calculating and charging external costs and cross- subsidising rail transport, including systems, similar to the Swiss charging and Alpine Transit Traffic Auctioning ('Transitbörse').
Amendment 167 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b b
Article 2 – point b b
(bb) ‘external cost charge’ means a charge levied through a toll for the purpose of recovering the costs incurred by a Member State related to traffic-based air and noise pollution, traffic-based noise pollution and congestiondamage to nature and the landscape, climate change, oil dependency, congestion and accidents other than those covered by insurance;
Amendment 188 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b e a (new)
Article 2 – point b e a (new)
(be a) ‘cost of damage to nature and the landscape’ means the cost of damage caused by spatial separation or barriers, a decline in the quality of landscapes, loss of natural land and biotopes, decrease in value of buildings, loss of revenue in forestry, agriculture and tourism sectors, disturbance of eco-systems, as well as pollution of soils, surface, and groundwater;
Amendment 191 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b e b (new)
Article 2 – point b e b (new)
(be b) ‘cost of accidents other than those covered by insurance’ means the cost of serious or catastrophic accidents, such as those where dangerous or polluting goods are involved or where hindering of traffic flow leads to congestion, where the cost is borne by public funds, where there are organisational costs associated with the management of the accident, or where the costs are not, or only partially, covered by insurance;
Amendment 194 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b e c (new)
Article 2 – point b e c (new)
(be c) ‘cost of climate change’ means the cost to industry of extreme weather conditions caused by climate change, the cost associated with non-functioning of and damage to transport systems, social consequences, human health and nature, and to other sectors, such as agriculture, forestry and tourism, and the cost of mitigating damage by climate change;
Amendment 196 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b e d (new)
Article 2 – point b e d (new)
(be d) ‘ cost of oil dependency’ means the cost of dependency on oil, caused by transport such as heavy goods vehicles, the negative effects of high oil prices on the economy, GDP losses, macro- economic adjustment, re-conversion of industrial and transport systems to renewable systems, and transfer of wealth;
Amendment 200 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b g a (new)
Article 2 – point b g a (new)
(bg a) ‘sensitive areas’ are areas, where damage is higher, because of environmental pressures, more damaging effects of the same pressure level and where unique resources or cultural heritage are in danger;
Amendment 202 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 1999/62/EC
Article 2 – point b g b (new)
Article 2 – point b g b (new)
(bgb) ‘population density in an area in a mountain region’ means the population density calculated on the basis of the area which is permanently inhabited;
Amendment 204 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States mayshall maintain or introduce tolls and/or user charges on their road network or on certain sections of that network under the conditions laid down in paragraphs 2, 3 and 4 of this aArticle and in Articles 7a to 7j.
Amendment 235 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7 b – paragraph 2
Article 7 b – paragraph 2
2. The external cost charge shall be related to the cost of traffic-based air and noise pollution, the cost of traffic-based noise pollution, or bothdamage to nature and the landscape, the cost of traffic-based accidents other than those covered by insurance, and the cost of traffic-based climate change and oil-dependency. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested.
Amendment 264 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7c – paragraph 2
Article 7c – paragraph 2
2. The amount of the external cost charge for each combination of class of vehicle, type of road and time period shall be set in accordance with the minimum requirements, and the common formulae and the maximum chargeablemethods for external costs calculation in Annex IIIa.
Amendment 321 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7h – paragraph 2 – introductory part
Article 7h – paragraph 2 – introductory part
Amendment 324 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7h – paragraph 2 – point a
Article 7h – paragraph 2 – point a
Amendment 325 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 1999/62/EC
Article 7h – paragraph 2 – point b
Article 7h – paragraph 2 – point b
Amendment 352 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 1a
Article 9 – paragraph 1a
1a. This Directive shall not prevent the non-discriminatory application by Member States of regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality, on any urban road located in a built up area. . It shall support the trans-border mountainous Alpine region to apply the principles of the Transport Protocol of the Alpine Convention, introducing interoperable systems, similar to the Swiss charging system and introducing a Traffic Transit Auctioning System ('Transitbörse').
Amendment 367 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. A Member State in which an external cost charge is levied shall ensure that the revenue generated by the charge is earmarked for measures aimed at facilitating efficient pricing, reducing road transport volumes and air or noise pollution at source, mitigating its effects, improving CO2 and energy performance of vehicles, including the reduction of oil dependency, and developing alternative infrastructure for transport users.
Amendment 379 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 1999/62/EC
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
A Member State in which an infrastructure charge is levied shall determine the use to be made of revenue generated by that charge. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system, for example, through improving control systems for implementing safety and social legislation for drivers, the installation and maintenance of interoperable (satellite based) toll collecting systems as referred to in Directive 2004/52/EC, traffic management, safety of road freight transport and intermodal nodes of the entire transport network, noise reduction at source, infrastructure investments for safer and less oil consuming modes, such as rail and sustainable waterborne transport.
Amendment 395 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. No later than 31 December 2013, the Commission shall present a report to the European Parliament and the Council on the implementation and effects of this Directive, in particular as regards the effectiveness of the provisions on the recovery of the costs related to congestion and traffic-based pollutiontraffic- based air and noise pollution, damage to nature and the landscape, climate change, oil dependency, accidents other than those covered by insurance and congestion and the inclusion of vehicles of more than 3.5 and less than 12 tonnes. The report shall also assess:For traffic-based air pollution, the Commission shall furthermore present the latest from end 2013 on and for every two years a report on the progress for achieving European legislation standards and targets on traffic-based air pollution reduction and if necessary, take additional measures for reaching these goals.
Amendment 407 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 412 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 416 #
2008/0147(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 1999/62/EC
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 426 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – Title
Annex IIIa – Title
MINIMUM REQUIREMENTS AND COMMON METHODS FOR LEVYING AN EXTERNAL COST CHARGE AND MAXIMUM CHARGEABLE EXTERNAL COST ELEMENTS
Amendment 427 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – introductory part
Annex IIIa – introductory part
This Annex sets out the minimum requirements and common methods for levying an external cost charge and the maximum authorised cost elements to be included when setting the amount.
Amendment 460 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4
Annex IIIa – point 4
Point 4 is deleted
Amendment 530 #
2008/0147(COD)
Proposal for a directive – amending act
Annex
Annex
Directive 1999/62/EC
Annex IIIa – point 4 a (new)
Annex IIIa – point 4 a (new)
4.a Each Member Sate shall include all costs incurred as a result of traffic-based air and noise pollution (including effects on health), damage to nature and the landscape, climate change, oil dependency, congestion and accidents other than those covered by insurance. The calculation of the external cost shall be based on the respective methodology for each type of external cost as per the 'Manual on estimation of External Costs in the Transport Sector' based on Article 11(3). Each Member State shall notify its minimum charge amounts to the Commission. The independent authority may adopt alternative methods, provided that the resulting external costs values are not lower than those which have been obtained by using the methodology of the Manual. The trans-border mountainous Alpine region shall apply the principles of the Transport Protocol of the Alpine Convention and therefore be allowed to apply additional non-discriminatory measures for calculating external costs and cross-subsidising rail transport, similar to the Swiss system 'Leistungsabhängige Schwerverkehrsabgabe - LSVA' and introduce an Alpine Transit Traffic Auctioning System 'Transitbörse'.
Amendment 20 #
2008/0128(COD)
Proposal for a regulation – amending act
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EC) No 216/2008
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
(4a) In Article 6, the following paragraph 3a shall be inserted: "3a. The Commission shall propose measures for a coherent management of air traffic flows, leading to more efficient speed management of aircraft and thereby avoiding congestion at airports and reducing kerosene use and greenhouse- gas emissions."
Amendment 21 #
2008/0128(COD)
Proposal for a regulation – amending act
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EC) No 216/2008
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
Amendment 163 #
2008/0127(COD)
Proposal for a regulation – amending act
Article 4 – point 2 a (new)
Article 4 – point 2 a (new)
Regulation (EC) No 551/2004
Article 9 a (new)
Article 9 a (new)
(2a) The following article shall be inserted: Article 9a Member States can levy non- discriminatory charges on aircraft for the use of air space, modulated on the basis of the degree of atmospheric pollution and impact on climate change.
Amendment 29 #
2008/0062(COD)
Proposal for a directive
Title 1
Title 1
DIRECTIVE 2011/…/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of facilitating the cross- border exchange of information onand enforcement in the field of road safety related traffic offences
Amendment 30 #
2008/0062(COD)
Proposal for a directive
Citation 1
Citation 1
– having regard to the Treaty on the Functioning of the European Union, and in particular to Articles 87(2) thereofand 91(1)(c), ,
Amendment 33 #
2008/0062(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The Commission should propose in the future further measures on facilitating cross-border enforcement of road traffic infringements, in particular those related to serious traffic accidents and sanctioned with a penalty of not less than EURO 70 .
Amendment 34 #
2008/0062(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order to improve road safety throughout the Union and to ensure equal treatment of drivers, namely resident and non-resident offenders, enforcement should be facilitated irrespective of the Member State of registration of the vehicle. To this end, a system of cross-border exchange of information and enforcement should be put in place for certain identified road safety related traffic offences, regardless of their administrative or criminal nature under the law of the Member State concerned, granting the Member State of the offence access to vehicle registration data (VRD) of the Member State of registration.
Amendment 46 #
2008/0062(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive aims to ensure a high level of protection for all road users in the Union by facilitating the cross-border exchange of information and enforcement on road safety related traffic offences and thereby the enforcement of sanctions, where those offences are committed with a vehicle registered in a Member State other than the Member State where the offence took place.
Amendment 47 #
2008/0062(COD)
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
Amendment 48 #
2008/0062(COD)
Proposal for a directive
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) not paying the road pricing fee, as imposed by the respective authorities;
Amendment 50 #
2008/0062(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to ensure its effectiveness, the system of enforcement should cover the phases between the detection of an offence and the sending of an offence notification, based on a standard model, to the holder of the registration certificate of the vehicle concerned or the driver. Once a final decision has been taken, the Council Framework Decision 2005/214/JHA on the application of the principle of mutual recognition to financial penalties applies. A minimum standard ought to be introduced for offence notifications, including response notices, and for more compatible methods of sending them so that enforcement becomes more reliable and more efficient.
Amendment 56 #
2008/0062(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a system to facilitate the cross-border enforcement of sanctions for the following road traffic offences: (a) speeding, (b) drink-driving subject to a fixed penalty of at least EUR 70: (a) speeding, (aa) aggressive driving and reckless overtaking, (b) drink-driving, driving under the influence of medicines or drugs in so far as that endangers safety, (c) non-use of a seat-belt, (d) failing to stop at a red traffic light.
Amendment 58 #
2008/0062(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Offence notification and enforcement Any financial penalty imposed under this Directive shall be non discriminatory in terms of nationality and shall be imposed by means of the notification and enforcement mechanisms applicable under the law of the State of offence.
Amendment 61 #
2008/0062(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
The provisions on data protection set out in the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters9 shall apply to personal data processed under this Directive. They shall ensure that the data transmitted is treated confidentially and that the data subject is aware of his/her rights of access, rectification and deletion of his/her personal data and prevent any personal data gathered under this Directive from being used for purposes other than those specifically related to road safety.
Amendment 73 #
2008/0062(COD)
Proposal for a directive
Article 2 – point a a (new)
Article 2 – point a a (new)
(aa) "driver" means the person driving the vehicle concerned, without necessarily being the holder;
Amendment 91 #
2008/0062(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a (new) Road Safety guidelines in the EU Member States shall implement, without prejudice to stricter policies and legislation in Member States, minimal guidelines for road traffic offences, with the aim of reducing them considerably. These guidelines shall be adopted in line with the regulatory procedure with scrutiny referred to in Article 8(3). Member States shall ensure that at least 20 % of drivers can be controlled annually on speed and alcohol-driving limits. They shall introduce targeted breath testing to complement enforcement based on suspicion and that controls become more effective where the likelihood of offences being committed is quite high.. For Member States where less than 80 % of the population wear seat belts, intensive control operations shall be carried out for at least four weeks a year.
Amendment 92 #
2008/0062(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The competent authority in the State of residence shall transmit immediately the following information only to the competent authority in the State of offence: (a) the make and model of the vehicle which has the registration number concerned; (b) in cases where the holder of the registration certificate or the driver of the vehicle concerned is a natural person, the name, address, date and place of birth; (c) in cases where the holder of the registration certificate or the driver of the vehicle concerned is a legal person, the name and address.
Amendment 93 #
2008/0062(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The competent authorities of the other Member States shall not store the information sent by the State of offenceInformation exchange with regard to the processing of personal data and the free movement of data in this connection shall take place in compliance with Directive 95/46/EG. The competent authorities of the other Member States shall not store the information sent by the State of offence; it shall be set solely for the purpose of the Directive, and, upon conclusion of proceedings, all data must be demonstrably deleted.
Amendment 95 #
2008/0062(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take all necessary measures to ensure that the exchange of information described in Article 3 is carried out by electronic means. For this purpose, Member States shall take all necessary measures to ensure that their existing electronic systems within the European Union are made interoperable or that an EU electronic network based on common rules is set up no later than 12 months after the date mentioned in Article 9 (1).
Amendment 1 #
2008/0055(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2005/35/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that ship- source discharges of polluting substances into any of the areas referred to in Article 3(1) are regarded as criminal offenceinfringements if committed with intent, recklessly or with serious negligencetly.
Amendment 32 #
2007/0297(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes CO2 emission performance requirements for new passenger cars in order to ensure proper functioning of the internal market and achieve the EU’s overall objective that the average new car fleet shouldall achieve CO2 emissions of 120 g CO2/km in 2012, 80 g CO2/km in 2020 and 60 g CO2/km in 2025. The Regulation sets the average CO2 emissions for new passenger cars at 1320 g CO2/km in 2012, at 80 g CO2/km in 2020 and at 60 g CO2/km in 2025 by means of improvement in vehicle motor technology as measured in accordance with Regulation (EC) No 715/2007 and its implementing measures. This Regulation will be complemented by additional measures corresponding to 10 g/km as part of the Community’s integrated approach.
Amendment 35 #
2007/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to motor vehicles of category M1 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 (‘passenger cars’) which are registered in the Community for the first time and which have not previously been registered outside the Community (‘new passenger cars’).
Amendment 37 #
2007/0297(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. A previous registration outside the Community less than three monthyears before registration in the Community shall not be taken into account.
Amendment 59 #
2007/0297(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The excess emissions premium shall be: (a) in relation to excess emissions in the calendar year 2012, 20 euros; (b) in relation to excess emissions in the calendar year 2013, 35 euros; (c) in relation to excess emissions in the calendar year 2014, 60 euros; and (d) in relation to excess emissions in the calendar year 2015 and subsequent calendar years, 95 euros and subsequent calendar years, set at EUR150.
Amendment 69 #
2007/0297(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. By 30 June 2015 and 30 June every two years thereafter, the Commission shall amend the figure M0 in Annex I to be the average of the average mass of new passenger cars registered during the last two calendar years. The amendment shall take effect from 1 January in the following year. Such amendment, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).
Amendment 24 #
2007/0295(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Member States should set up ambitious measures to ensure retrofitting of existing heavy duty vehicles in line with Euro VI standards.
Amendment 25 #
2007/0295(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Member States should regularly monitor the rates of vehicle renewal and retrofitting, intensify their efforts to reduce the rate of stronger polluting vehicles and report the results every year to the Commission.
Amendment 38 #
2007/0295(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The tests must be based on both laboratory and real driving emissions.
Amendment 36 #
2007/0243(COD)
Proposal for a regulation
Article 1 - paragraph 2
Article 1 - paragraph 2
This Rregulation shall also apply to rail- and bus- transport products, which are incorporated alongside air-transport products into the principal display of a CRS.
Amendment 41 #
2007/0243(COD)
Proposal for a regulation
Article 2 - point (g)
Article 2 - point (g)
(g) 'parent carrier' means any air carrier or rail-transportbus- or rail- operator which directly or indirectly, alone or jointly with others, owns or effectively controls a system vendor, as well as any air carrier or bus- or rail- transport operator which it owns or effectively controls;
Amendment 50 #
2007/0243(COD)
Proposal for a regulation
Article 2 — point (i)
Article 2 — point (i)
(i) 'participating carrier' means an air carrier or rail-transportbus- or rail- operator which has an agreement with a system vendor for the distribution of transport products through a CRS.;
Amendment 52 #
2007/0243(COD)
Proposal for a regulation
Article 2 - point (l)
Article 2 - point (l)
(l) 'ticket' means a valid document giving entitlement to transport, or an equivalent in paperless form, issued or authorised by the air carrier, bus- or rail- transport operator or an authorised agent.
Amendment 62 #
2007/0243(COD)
Proposal for a regulation
Article 3 - paragraph 2 a (new)
Article 3 - paragraph 2 a (new)
2a. The existence and extent of a direct or indirect capital holding and the control that such participation confers, on an air carrier, bus- or rail-transport operator in a system vendor, or on a system vendor in an air carrier, bus- or rail-transport operator, shall be publicly disclosed.
Amendment 73 #
2007/0243(COD)
Proposal for a regulation
Article 5 - paragraph 3
Article 5 - paragraph 3
Amendment 74 #
2007/0243(COD)
Proposal for a regulation
Article 5 - paragraph 3 a (new)
Article 5 - paragraph 3 a (new)
3a. Flights operated by air carriers on the 'black list' (Regulation 2111/2005) must be shown and marked early on in the display.
Amendment 112 #
2007/0243(COD)
Proposal for a regulation
Article 10 - paragraph 4 a (new)
Article 10 - paragraph 4 a (new)
4a. Any discrimination with regard to distribution modes/channels has to be avoided. Carriers and CRSs shall offer the same prices to online-booking on airline websites and travel agencies.
Amendment 116 #
2007/0243(COD)
Proposal for a regulation
Article 11 - paragraph 1
Article 11 - paragraph 1
1. Personal data shall be processed in the course of the activities of a CRS exclusively for the purpose of making reservations or issuing tickets for transport products. With regard to the processing of such data, a CRS shall be considered as a data controller in accordance with Article 2(d) of Directive 95/46/EC. The CRS shall separate personal data required for PNR or for commercial use as defined with the 'mixed data notion' from any other information about passengers available in the system. Such personal data must not be made available to other entities unless the person or organisation concerned agrees on explicitly in written form.
Amendment 140 #
2007/0243(COD)
Proposal for a regulation
Annex I - paragraph 6 a (new)
Annex I - paragraph 6 a (new)
6a. Information on total distance in km, of the flight journey, its average fuel consumption per person/litre/100km and CO2 emissions per person/g/km and easily understandable comparisons with values of alternative train/bus journeys if their total travel time is less than 5 hours.
Amendment 107 #
2007/0098(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 116 #
2007/0098(COD)
Proposal for a regulation
Article 3 – subparagraph 1 –point d a (new)
Article 3 – subparagraph 1 –point d a (new)
(da) not be younger than 21 years of age.
Amendment 122 #
2007/0098(COD)
Proposal for a regulation
Article 4 – paragraph 2 –point b
Article 4 – paragraph 2 –point b
(b) the contract linking the undertaking with the transport manager specifies the duties to be performed on a permanentcontinuous basis by the party concerned, and indicates his or her responsibilities as transport manager; the duties to be specified shall comprise in particular those relating to vehicle maintenance, verification of transport contracts and documents, accounting, the assignment of loads to drivers and vehicles, and the verification of safety procedures; and protection of people at work;
Amendment 126 #
2007/0098(COD)
Proposal for a regulation
Article 4 – paragraph 2 –point d
Article 4 – paragraph 2 –point d
Amendment 128 #
2007/0098(COD)
Proposal for a regulation
Article 5 – point a
Article 5 – point a
(a) have an establishment, situated in that Member State with premises in which it keeps its business documents, for the periods laid down by law and in particular all its accounting documents, personnel management documents and any other document on secure data supports, to which the authority competent to authorise the pursuit of the occupation must have access in order to verify compliance with the conditions provided for in this Regulation; while complying with all standards for the protection of personal data.
Amendment 142 #
2007/0098(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b – point i
Article 6 – paragraph 1 – point b – point i
(i) the driving time and rest periods of drivers, working time, and the installation and use of recording equipment; verification should cover their consistent observance, the archiving of data and protection of the personal data obtained;
Amendment 167 #
2007/0098(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 194 #
2007/0098(COD)
Proposal for a regulation
Annex II a (new)
Annex II a (new)
Annex IIa The list of infringements as referred in Article 6.2.(a) is as followed: 1. (a) Exceeding the maximum six-day or fortnightly driving time limits by margins of 10 % of more. (b) Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 25 % or more without taking a break or an uninterrupted rest period of at least four and a half hours. 2. No tachograph and/or speed limiter fitted or use of a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsification of record sheets or data downloaded from the tachograph and/or the driver card. 3. Driving without a valid roadworthiness test, including gas and noise emissions performance, or where the vehicle contains a very serious deficiency of, inter alia, the braking system, steering linkages, wheels/tyres, suspension or chassis that would create an immediate risk to road safety that would lead to a decision to immobilise the vehicle. 4. Dangerous goods being carried that are prohibited for transport, or dangerous goods that are carried without the required placarding or marking of the vehicle or without respecting other requirements, defined in the directives on transport of dangerous goods. Insufficient knowledge by the driver on the contents of dangerous load and the necessary emergency measures in case of accidents. 5. Carriage of passengers or goods without holding a valid driving licence or made by an undertaking which is not holder of a valid Community Licence. 6. Driver using a driver card that has been falsified, of which he is not the holder or which has been obtained on the basis of false documents and/or forged documents. 7. Carriage of goods by exceeding permissible laden weight by 10 %.