899 Amendments of Małgorzata HANDZLIK

Proposal for a directive
Article 10 – paragraph 5

5. The proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member State where the trade mark is registered without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the trade mark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark.

2013/09/30
Committee: IMCO

2013/0089(COD)

Proposal for a directive
Article 52 – paragraph 1

Member States shall ensure that the offices may cooperate with each other and with the Agency in order to promote convergence of practices and tools and achieve coherent results in the examination and registration of trade marks.

2013/09/30
Committee: IMCO

2013/0089(COD)

Proposal for a directive
Article 53 – paragraph 1

Member States shall ensure that the offices may cooperate with the Agency in all areas of their activities other than those referred to in Article 52 which are of relevance for the protection of trade marks in the Union.

2013/09/30
Committee: IMCO

2013/0049(COD)

Proposal for a regulation
Article 7

Article 7 Indication of the origin 1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product. 2. For the purpose of determination of the country of origin within the meaning of paragraph 1, non-preferential origin rules set out in Articles 23 to 25 of Council Regulation (EEC) No 2913/92 establishing a Community Customs Code shall apply. 3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers may refer to the Union or to a particular Member State.deleted

2013/09/16
Committee: IMCO

2013/0049(COD)

Anna Maria CORAZZA BILDT, Othmar KARAS, Lara COMI, Małgorzata HANDZLIK

Proposal for a regulation
Article 18 – paragraph 2

2. The penalties referred to in paragraph 1 shall have regard to the ~~size of the undertakings and in particular to the situation of small and medium-sized enterprise~~annual turnover of the undertakings. The penalties may be increased if the relevant economic operator has previously committed a similar infringement and may include criminal sanctions for serious infringements.

2013/09/16
Committee: IMCO

2012/2144(INI)

Motion for a resolution
Paragraph 8

8. Is concerned at the growing number of discrimination cases reported by consumers; urges Member States to properly enforce Article 20(2) of the Services Directive and calls on businesses to refrain from unjustified discriminatory practices on grounds of nationality or place of residence; points out, however, that any obligation to sell is against the fundamental principle of freedom of contract; welcomes therefore the Commission's ongoing work on a guidance report on non-discrimination, striking the right balance for the benefit of consumers and businesses;

2013/05/13
Committee: IMCO

2012/2144(INI)

Anna Maria CORAZZA BILDT, Othmar KARAS, Constance LE GRIP, Lara COMI, Małgorzata HANDZLIK

Motion for a resolution
Paragraph 12

12. Notes that the diversity of national standards is causing fragmentation; encourages the development of voluntary European standards for services to improve cross-border comparability and trade;

2013/05/13
Committee: IMCO

2012/2144(INI)

Anna Maria CORAZZA BILDT, Othmar KARAS, Constance LE GRIP, Lara COMI, Małgorzata HANDZLIK

Motion for a resolution
Paragraph 14

14. Encourages broader use of the IMI- system between Member States to check cross-border compliance with requirements, and of European Consumer Centres as well as SOLVIT to help business and consumers with conflicting rules and non-compliance; underlines, to this effect, the importance of ensuring full access of associated partners to the SOLIVT-network at a technical level;

2013/05/13
Committee: IMCO

2012/2144(INI)

Anna Maria CORAZZA BILDT, Othmar KARAS, Małgorzata HANDZLIK

Motion for a resolution
Paragraph 20

20. Strongly supports the Commission's zero tolerance policy; encourages the Commission to make use of all means at its disposal to ensure full enforcement of existing rules, in dialogue with Member States; calls for fast-track infringement procedures to be applied and completed no later than 18 months, whenever breaches of the directive are identified;

2013/05/13
Committee: IMCO

2012/2103(INI)

Draft opinion
Paragraph 5

5. Points out that CO2 capture, transport and storage projects leave behind dangerous waste material that has to be stored; believes that the Commission relies too much on this technology; calls on the Commission to draw up a mid-term report evaluating the results obtained from the use of EU-subsidised experimental carbon capture and storage technologies for coal-fired power stations;deleted

2012/11/07
Committee: IMCO

2012/2103(INI)

Draft opinion
Paragraph 9 a (new)

9 a. Calls on the Commission to implement and execute in an effective manner EU internal market and competition rules vis-à-vis all energy sector undertakings operating on the territory of the Union; welcomes, in this respect, the recent investigation into anticompetitive behaviour by Gazprom and its European subsidiaries;

2012/11/07
Committee: IMCO

2012/2103(INI)

Draft opinion
Paragraph 9 b (new)

9 b. Calls on the Commission to draw up a comprehensive set of short-, medium- and long-term energy policy priorities in relations with its neighbours with view to establishing a common legal area based on the acquis-related principles and norms of the internal energy market;

2012/11/07
Committee: IMCO

2012/2103(INI)

Draft opinion
Paragraph 9 c (new)

9 c. Emphasises the need to tackle the anticipated growth of gas and electricity imports from third countries to the EU in the short and medium term with a view to securing energy supply; reiterates that for some regions and Member States this challenge is closely linked with a single third country gas and oil import dependency; acknowledges that meeting this challenge requires, inter alia, the completion of the single market in energy and a strengthened role for indigenous energy resources such as shale gas;

2012/11/07
Committee: IMCO

2012/2098(INI)

Draft opinion
Paragraph 1

1. ~~Regret~~Notes that the Commission has ~~not yet drawn up concrete proposals on~~started to include a clear reference to CSR in EU trade agreements, underlines that the implementation of CSR principles ~~in EU trade policy~~should be strengthened;

2012/11/26
Committee: INTA

2012/2098(INI)

Draft opinion
Paragraph 1 a (new)

1a. Stresses that promoting CSR is an objective supported by the European Union, therefore the Union must ensure that the external policies it implements make contribution to the sustainable development and to the social development of the countries concerned;

2012/11/26
Committee: INTA

2012/2098(INI)

Draft opinion
Paragraph 2

2. Asks the Commission to include a CSR clause in all bilateral trade and investment agreements signed by the EU, ~~on the basis of principles of CSR as defined and acknowledged at the international level; suggests that this clause contain measures for the implementation of these principl~~based in part on the 2010 update of the OECD Guidelines for Multinational Enterprises;

2012/11/26
Committee: INTA

2012/2098(INI)

Draft opinion
Paragraph 2 a (new)

2a. Highlights the key role played by corporations, their subsidiaries and their supply chains in international trade and calls to make that corporate social and environmental responsibility an integral part of the European Union's trade agreements;

2012/11/26
Committee: INTA

2012/2098(INI)

Draft opinion
Paragraph 2 b (new)

2b. Calls for the Commission to urge companies to apply CSR; emphasises the need to support and encourage the spread of such practices among SMEs, limiting the costs and red tape entailed;

2012/11/26
Committee: INTA

2012/2098(INI)

Draft opinion
Paragraph 3

3. ~~Deplores the fact that the principles underpinning CSR have not been sufficiently well incorporated into the revised GSP and GSP+ Regulation; c~~Calls on the Commission to ensure that transnational corporations whose subsidiaries or supply chains are located in countries participating in the GSP and GSP+ comply with their national and international legal obligations in the areas of human rights, labour standards and environmental rules;

2012/11/26
Committee: INTA

2012/2098(INI)

Draft opinion
Paragraph 5

5. Underlines that future bilateral investment treaties signed by the EU must guarantee a fair balance between investors' protection and the po~~tential~~ssibility for State intervention, especially as regards social and environmental standards;

2012/11/26
Committee: INTA

2012/2098(INI)

Draft opinion
Paragraph 6

6. ~~Regrets that~~Considers the current reform of the Transparency Directive ( 2004/109/EG ) and of the Accounting Directive ( 2003/51/EG ) ~~does not~~a step ahead in addressing the issue of corporate social responsibility s~~ufficiently; calls on the Commission to ensure that companies falling under these directives are obliged to report regularly on~~ ince it balances the quest for transparency and the responsibility of companies ; recognizes that furtheir ~~CSR activities, particularly in non-EU states.~~steps should be made in the future;

2012/11/26
Committee: INTA

2012/2098(INI)

Draft opinion
Paragraph 6 a (new)

6a. Stresses that CSR dimension should be incorporated into multilateral trade agreements and therefore calls on the Commission to support it both in the international forums in particular the OECD and the ILO, and in the WTO in the post-Doha context;

2012/11/26
Committee: INTA

2012/2097(INI)

Draft opinion
Paragraph 1

1. ~~Regret~~Notes that the Commission has ~~not yet drawn up concrete proposals on~~started to include a clear reference to CSR in EU trade agreements, underlines that the implementation of CSR principles ~~in EU trade policy~~should be strengthened;

2012/11/20
Committee: INTA

2012/2097(INI)

Draft opinion
Paragraph 1 a (new)

1a. Stresses that promoting CSR is an objective supported by the European Union, therefore the Union must ensure that the external policies it implements make contribution to the sustainable development and to the social development of the countries concerned;

2012/11/20
Committee: INTA

2012/2097(INI)

Draft opinion
Paragraph 2

2. Asks the Commission to include a CSR clause in all bilateral trade and investment agreements signed by the EU, ~~on the basis of principles of CSR as defined and acknowledged at the international level; suggests that this clause contain measures for the implementation of these principl~~based in part on the 2010 update of the OECD Guidelines for Multinational Enterprises;

2012/11/20
Committee: INTA

2012/2097(INI)

Draft opinion
Paragraph 2 a (new)

2a. Highlights the key role played by corporations, their subsidiaries and their supply chains in international trade and calls to make that corporate social and environmental responsibility an integral part of the European Union's trade agreements;

2012/11/20
Committee: INTA

2012/2097(INI)

Draft opinion
Paragraph 2 b (new)

2b. Calls for the Commission to urge companies to apply CSR; emphasises the need to support and encourage the spread of such practices among SMEs, limiting the costs and red tape entailed;

2012/11/20
Committee: INTA

2012/2097(INI)

Draft opinion
Paragraph 3

3. ~~Deplores the fact that the principles underpinning CSR have not been sufficiently well incorporated into the revised GSP and GSP+ Regulation; c~~Calls on the Commission to ensure that transnational corporations whose subsidiaries or supply chains are located in countries participating in the GSP and GSP+ comply with their national and international legal obligations in the areas of human rights, labour standards and environmental rules;

2012/11/20
Committee: INTA

2012/2097(INI)

Draft opinion
Paragraph 5

5. Underlines that future bilateral investment treaties signed by the EU must guarantee a fair balance between investors' protection and the po~~tential~~ssibility for State intervention, especially as regards social and environmental standards;

2012/11/20
Committee: INTA

2012/2097(INI)

Draft opinion
Paragraph 6

6. ~~Regrets that~~Considers the current reform of the Transparency Directive ( 2004/109/EG ) and of the Accounting Directive ( 2003/51/EG ) ~~does not~~a step ahead in addressing the issue of corporate social responsibility s~~ufficiently; calls on the Commission to ensure that companies falling under these directives are obliged to report regularly on~~ ince it balances the quest for transparency and the responsibility of companies ; recognizes that furtheir ~~CSR activities, particularly in non-EU states.~~steps should be made in the future;

2012/11/20
Committee: INTA

2012/2097(INI)

Draft opinion
Paragraph 6 a (new)

6a. Stresses that CSR dimension should be incorporated into multilateral trade agreements and therefore calls on the Commission to support it both in the international forums in particular the OECD and the ILO, and in the WTO in the post-Doha context;

2012/11/20
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Recital 15

(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco and menthol, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Recital 16 a (new)

(16a) One of the aims of the Directive is to further reduce the consumption of tobacco products, especially among young and vulnerable consumers. In order to enhance the restructuring of farms and to help farmers to adjust to possible changes in consumption modes of tobacco products financial and technical support should be envisaged. In order to preserve jobs and encourage the industry to invest in the EU, financial and technical support for those, who are vulnerable should also be envisaged.

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Recital 29

(29) Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use38 prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition39. Upholds the ban on tobacco products for oral use, however, such a ban should not affect historically traditional smokeless tobacco products, which may be allowed by individual Member States. The prohibition of the sale of oral tobacco should be maintained in order to prevent the introduction to the internal market of a product that is addictive, has adverse health effects and is attractive to young people. For other smokeless tobacco products that are not produced for the mass market, a strict labelling and ingredients regulation is considered sufficient to contain market expansion beyond their traditional use.

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Recital 30

(30) Cross-border distance sales of tobacco products as well as free promotional or discounted distribution of tobacco products facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services. Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014Therefore, cross-border distance sales of tobacco and free and/or discounted distribution of tobacco should be prohibited.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Recital 15

(15) The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco or the traditional flavour of menthol, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided36.

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Recital 16

(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessary for manufacturing of tobacco products sh~~ould~~all be allowed~~, as long as they do not result in a characterising flavour~~. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision making. The application of this Directive should not discriminate between different tobacco varieties.

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Bogdan Kazimierz MARCINKIEWICZ, Bogusław SONIK, Małgorzata HANDZLIK

Proposal for a directive
Article 1 – paragraph 1 – point d

(d) the prohibition of cross-border distance sales of tobacco products;

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Recital 23

(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, 'natural', 'organic', ‘without additives’, ‘without flavours’, 'slim', names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed by packaging and labelling such products appropriately and by informing consumers of their harmfulness, so that they are fully aware of the consequences of using such products.

2013/05/28
Committee: ITRE

2012/0366(COD)

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

(fa) the requirement to implement a system, outside the control of the tobacco industry, for the tracking and tracing of tobacco products, in order to secure the supply chain and assist in the detection, prevention and punishment of illicit trade;

2013/05/29
Committee: INTA

2012/0366(COD)

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

(2a) ‘essential additive’ means an ingredient which is indispensable for the manufacturing of a tobacco products;

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3

~~(3) ‘age verification system’ means a computing system that unambiguously confirms the consumer’s age in electronic form according to national requirements;~~deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) ‘characterising flavour’ means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy~~, menthol~~ or vanilla observable before or upon intended use of the tobacco product. Menthol as a traditional tobacco product flavour is not considered to be a characterising flavour;

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 6

(6) ‘cigar’ or ‘cigarillo’ means a roll of tobacco consumed via a combustion process including a small type of cigar with a diameter of up to 8 mm and further defined in Article 4(1) of Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco46 ;

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Bogdan Kazimierz MARCINKIEWICZ, Bogusław SONIK, Małgorzata HANDZLIK

Proposal for a directive
Article 2 – paragraph 1 – point 8

~~(8) ‘cigarillo’ means a small type of cigar with a diameter of up to 8 mm;~~deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Recital 31

(31) All tobacco products have the potential to cause mortality, morbidity and disability and their consumption should be contained. It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the developments and submit a report 5 years after the date of transposition of this Directive, in order to assess whether amendments to this Directive are necessary. Children and young people must be educated, as this is the simplest and most effective way of preventing young people from starting to smoke. Consideration should also be given to creating a fund financed by the manufacturers of tobacco products, which would be used to fund anti-smoking campaigns. Member States should harmonise the legal age for purchasing tobacco products at 18.

2013/05/28
Committee: ITRE

2012/0366(COD)

Proposal for a directive
Recital 16

(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessary for manufacturing of tobacco products sh~~ould~~all be allowed~~, as long as they do not result in a characterising flavour~~. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision making. The application of this Directive should not discriminate between different tobacco varieties.

2013/05/08
Committee: IMCO

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 18 a (new)

(18a) ‘reconstituted tobacco’ is a product which results from the enhancement of different parts of the tobacco plant from threshing and the manufacture of tobacco products, whether used as a wrap for cigars and cigarillos either as sheets or individual strands as a component of the tobacco blend for cigarettes and other tobacco products.

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 2 – paragraph 1 – point 25

(25) ‘place on the market’ means ~~to make products available to consumers located~~any supply of products for distribution, consumption or use in the Union, with or without payment, including by means of distance sale; ~~in case of cross-border distance sales the product is deemed to be placed on the market in the Member State where the consumer is located;~~

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 30

(30) ‘substantial change of circumstances’ means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 120% in at least 10 Member States based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member States for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 2 – paragraph 1 – point 36 a (new)

(36a) ‘unique identification markings’ means a security feature which is both material-based and digitally-based

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 3 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards.~~

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Recital 23

(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, 'natural', 'organic', ‘without additives’, ‘without flavours’, 'slim', names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed through the appropriate packaging and labelling of such products and through informing consumers of the harm that they cause, so that the consumer is fully aware of the consequences of using a particular product.

2013/05/08
Committee: IMCO

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1

Member States shall prohibit the placing on the market of tobacco products with a characterising flavour. Menthol as a traditional tobacco product flavour is not considered to be characterising flavour and therefore, the use of menthol shall be allowed.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2

Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products, ~~as long as the additives do not result in a product with a characterising flavou~~such as sugar.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2

The Commission shall ~~adopt by means of implementing acts~~be empowered to adopt delegated acts, in accordance with Article 22, to determine uniform rules on the procedures for determining whether a tobacco product falls within the scope of paragraph 1. ~~Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.~~

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 3

3. In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive, which is not essential for manufacture, or a combination thereof typically impart a characterising flavour when it exceeds a certain level of presence or concentration the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavour.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 5

5. Member States shall prohibit the use of flavourings, except menthol, in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobacco. Technical features aimed at reducing some harmful components of smoke or increasing the biodegradability of tobacco products are not affected.

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Bogdan Kazimierz MARCINKIEWICZ, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Recital 31

(31) All tobacco products have the potential to cause mortality, morbidity and disability and their consumption should be contained. It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the developments and submit a report 5 years after the date of transposition of this Directive, in order to assess whether amendments to this Directive are necessary. Children and young people must be educated, as this is the simplest and most effective way of preventing young people from starting to smoke. Consideration should also be given to creating a fund financed by the manufacturers of tobacco products, which would be used to fund anti-smoking campaigns. Member States should harmonise the legal age for purchasing tobacco products at 18.

2013/05/08
Committee: IMCO

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 4

4) 'characterising flavour' means a distinguishable aroma or taste other than tobacco or the traditional flavour of menthol, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy~~, menthol~~ or vanilla observable before or upon intended use of the tobacco product;

2013/05/28
Committee: ITRE

2012/0366(COD)

Małgorzata HANDZLIK, Paweł ZALEWSKI, Jarosław WAŁĘSA

Proposal for a directive
Article 6 – paragraph 10

10. Tobacco products other than cigarettes, and roll-your-own tobacco ~~and smokeless tobacco~~ products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Recital 16

(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessary for manufacturing of tobacco products sh~~ould~~all be allowed~~, as long as they do not result in a characterising flavour~~. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision making. The application of this Directive should not discriminate between different tobacco varieties.

2013/05/29
Committee: ENVI

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 9 – paragraph 3 – point d

(d) by way of derogation from Article 7(3), lay down the conditions under which health warnings may be broken during unit packet opening in a manner that ensures the graphical integrity and visibility of the text, photographs and cessation information.deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2

The general warning shall be printed or affixed by means of non-removable stickers on the most visible surface of the unit packet and any outside packaging. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall ~~be printed~~appear on the other most visible surface of the unit packet and any outside packaging.

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 10 – paragraph 4 – point a

(a) ~~printed~~appear in black Helvetica bold type on a white background. The warnings may be affixed by means of stickers, provided that such stickers are irremovable. In order to accommodate language requirements, Member States may determine the point size of the font, provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required;

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 10 – paragraph 4 – point b

(b) centred in the area in which they are required to ~~be printed~~appear, parallel to the top edge of the unit packet and any outside packaging;

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 10 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated ~~acts in accordance with Article 22, to withdraw the exemption laid down in paragraph 1 if there is a substantial change of circumstances as established in a Commission report.~~

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 11 – paragraph 1

This tobacco product ~~can damage~~is harmful to your health and is addictive

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 12 – paragraph 1 – point d a (new)

(da) refers to technical features aiming to reduce some harmful components of smoke or increase the biodegradability of tobacco products.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Recital 23

(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, 'natural', 'organic', ‘without additives’, ‘without flavours’, 'slim', names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed through the appropriate packaging and labelling of such products and through informing consumers of their harmfulness, so that the consumer is fully aware of the consequences of using a given product.

2013/05/29
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 12 – paragraph 2

2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. ~~Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.~~

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1

Member States shall prohibit the placing on the market of tobacco products with a characterising flavour other than the traditional flavour of menthol, provided that there is unequivocal scientific proof that the particular additive increases the product’s toxicity or addictiveness.

2013/05/28
Committee: ITRE

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 13 – paragraph 3

~~3. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to define more detailed rules for the shape and size of unit packets in so far as these rules are necessary to ensure the full visibility and integrity of the health warnings before the first opening, during the opening and after reclosing of the unit packet.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 13 – paragraph 4

~~4. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to make either cuboid or cylindric shape mandatory for unit packets of tobacco products other than cigarettes and roll-your-own tobacco if there is a substantial change of circumstances as established in a Commission report.

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2

Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products~~, as long as the additives do not result in a product with a characterising flavour~~.

2013/05/28
Committee: ITRE

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 1

1. Member States shall ~~ensure that~~ require that unique, secure and non-removable identification markings hereafter called uni~~t packets of tobacco products shall be marked with a unique identifier~~que identification markings, such as codes or stamps, are affixed to or form part of all unit packets and packages and any outside packaging of cigarettes. In order to ensure their integrity, unique identifiers shall be irremovably printed/affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or by the opening of the packet. In relation to products manufactured outside the Union the obligations laid down in this Article apply only to those destined to or placed on the Union market.

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 14 – paragraph 2 – point e

(e) the product name and description;

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 2 – point g

(g) the intended shipment route, the shipment date, shipment destination, point of departure and consignee;

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 14 – paragraph 3

3. Member States shall ~~ensure that~~require that track and trace technology capable of reading and transmitting data electronically to the storage facility pursuant to paragraph 6, the ownership for which is outside the control of tobacco manufacturers and their partners in the supply chain, is made available to all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companies. Such economic operators shall record the entry of all unit packets into their possession, as well as all intermediate movements and the final exit from their possession. TIn conformity with Article 14(1), this obligation ~~can~~shall be fulfilled by recording in aggregated form, e.g. of outside packaging, provided that tracking and tracing of unit packets remains possible.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Recital 30

(30) Cross-border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services. Business to consumA ban shall be introduced on cross-border distance sales of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014.

2013/05/14
Committee: ENVI

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companies with the necessary equipment allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1

Member States shall prohibit the placing on the market of tobacco products with a characterising flavour, provided that there is unequivocal scientific proof that the particular additive increases the product’s toxicity or addictiveness.

2013/05/08
Committee: IMCO

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 5

5. Recorded data cannot be modified or deleted by any economic operator involved in the trade of tobacco products, but the economic operator that introduced the data and other economic operators directly concerned by the transaction such as the supplier or the recipient can comment on previously introduced data. The economic operator concerned shall add the correct data and a reference to the previous entry which requires rectification in their view. In exceptional circumstances and upon submission of adequate evidence, the competent authority in the Member State in which the recording took place or if the recording took place outside the Union the competent authority in the Member State of importation, can authorise the modification ~~or deletion~~ of data previously registered.

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 14 – paragraph 6

6. Member States shall ~~ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party~~conclude data storage contracts with a third party, which may be an agency of the Member State, and which is legally independent from the tobacco companies or their partners in the supply chain, which shall host the data storage facility for data relating to the manufacturer and importer concerned. The data storage facility shall be physically located on the territory of the Union. Member States shall ensure full transparency. The suitability of the third party, in particular its independence and technical capacities, as well as the contract, shall be approved and monitored by an external auditor, who is proposed and paid by the tobacco manufacturer and approved by the Commission. Member States shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis. In duly justified cases Member States or the Commission can provide manufacturers or importers access to this information, provided commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2

Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products~~, as long as the additives do not result in a product with a characterising flavour~~.

2013/05/08
Committee: IMCO

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 8

8. In addition to the unique identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a visible, tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation. Member States may combine their national fiscal marking with the tamper-proof security feature, provided that it complies with the technical specifications mentioned into this paragraph.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 9 – introductory part

9. The Commission shall be empowered, taking into account existing practices, technologies and commercial practicalities as well as global standards for tracking and tracing and authentication of fast-moving consumer goods and relevant requirements under the WHO FCTC Protocol to Eliminate Illicit Trade in Tobacco Products, to adopt delegated acts in accordance with Article 22:

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Title 2 – chapter 3 – title

~~Tobacco for oral use~~Smokeless tobacco products

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Recital 31

(31) All tobacco products have the potential to cause mortality, morbidity and disability and their consumption should be contained. It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the developments and submit a report 5 years after the date of transposition of this Directive, in order to assess whether amendments to this Directive are necessary. Children and young people must be educated, as this is the simplest and most effective way of preventing young people from starting to smoke. Consideration should also be given to creating a fund financed by the manufacturers of tobacco products, which would be used to fund anti-smoking campaigns. Member States should harmonise the legal age for purchasing tobacco products at 18.

2013/05/14
Committee: ENVI

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 15 a (new)

Article 15 a Member States shall set maximum limits for toxic or carcinogenic substances present in smokeless tobacco products placed on the market.

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 6 – paragraph 5

5. Member States shall prohibit the use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity, provided that there is unequivocal scientific proof that the particular additive increases the product’s toxicity or addictiveness. Filters and capsules shall not contain tobacco.

2013/05/28
Committee: ITRE

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 16 – paragraph 1 – introductory part

1. Member States shall ~~oblige retail outlets intending to engage in~~prohibit cross- border distance sales of tobacco products to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outleas well as distribution of free or discounted tobacco products in~~ten~~cluding t~~o engage in~~hrough cross- border distance sales ~~shall submit at least the following information to the competent authorities:~~.

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 16 – paragraph 1 – point a

~~(a) name or corporate name and permanent address of the place of activity from where the tobacco products are supplied;~~deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 16 – paragraph 1 – point b

~~(b) the starting date of the activity of offering tobacco products for cross-border distance sales to the public by means of information society services;~~deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 16 – paragraph 1 – point c

~~(c) the address of the website/-s used for that purpose and all relevant information necessary to identify the website.~~deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 16 – paragraph 2

2. The competent authorities of the Member States shall publish the complete list of all retail outlets registered with them in accordance with the rules and safeguards laid down in Directive 95/46/EC Retail outlets may only start placing tobacco products on the market in form of distance sales as of the moment the name of the retail outlet is published in the relevant Member States.deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 16 – paragraph 3

3. If it is necessary in order to ensure compliance and facilitate enforcement, Member States of destination may require that the retail outlet nominates a natural person who is responsible for verifying the tobacco products before reaching the consumer comply with the national provisions adopted pursuant to this Directive in the Member State of destination.deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Małgorzata HANDZLIK, Jarosław WAŁĘSA, Paweł ZALEWSKI

Proposal for a directive
Article 16 – paragraph 4

4. Retail outlets engaged in distance sales shall be equipped with an age verification system, which verifies at the time of sale, that the purchasing consumer respects the minimum age foreseen under the national legislation of the Member State of destination. The retailer or nominated natural person shall report to the competent authorities a description of the details and functioning of the age verification system.deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 16 – paragraph 5

5. Personal data of the consumer shall only be processed in accordance with Directive 95/46/EC and not be disclosed to the manufacturer of tobacco products or companies forming part of the same group of companies or to any other third parties. Personal data shall not be used or transferred beyond the purpose of this actual purchase. This also applies if the retail outlet forms part of a manufacturer of tobacco products.deleted

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Recital 37

(37) In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, the determination of products with ~~characterising flavours or with~~ increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 26 – paragraph 1 – introductory part

Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until [Publications Office, please insert the exact date: entry into force + 242 months]:

2013/05/29
Committee: INTA

2012/0366(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 3

~~(3) ‘age verification system’ means a computing system that unambiguously confirms the consumer's age in electronic form according to national requirements;~~deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 2 – paragraph 1 – point 4

(4) 'characterising flavour' means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Bogdan Kazimierz MARCINKIEWICZ, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 12 – paragraph 1 – point c

~~(c) refers to flavour, taste, any flavourings or other additives or the absence thereof;~~deleted

2013/05/28
Committee: ITRE

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 2 – introductory part

2. The unique identifier, which is secure and impossible to duplicate, shall allow determining:

2013/05/13
Committee: IMCO

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companies with the necessary equipment, determined by the Member States, allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.

2013/05/13
Committee: IMCO

2012/0366(COD)

Proposal for a directive
Article 14 – paragraph 6

6. Member States shall ~~ensure~~verify that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party, which shall host the data storage facility for data relating to the manufacturer and importer concerned. The data storage facility shall be physically located on the territory of the Union. The suitability of the third party, in particular its independence and technical capacities, as well as the contract, shall be approved and monitored by an external auditor, who is proposed and paid by the tobacco manufacturer and approved by the Commission. Member States shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis. In duly justified cases Member States or the Commission can provide manufacturers or importers access to this information, provided commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations.

2013/05/13
Committee: IMCO

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 14 – paragraph 8

8. In addition to the unique, secure and impossible-to-duplicate identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a visible, tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation.

2013/05/13
Committee: IMCO

2012/0366(COD)

Proposal for a directive
Article 18 – paragraph 1 – introductory part

1. ~~The following n~~Nicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 18 – paragraph 1 – point a

~~(a) products with a nicotine level exceeding 2 mg per unit, or~~deleted

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 18 – paragraph 1 – point b

~~(b) products with a nicotine concentration exceeding 4 mg per ml or~~deleted

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 18 – paragraph 1 – point c

~~(c) products whose intended use results in a mean maximum peak plasma concentration exceeding 4 ng of nicotine per ml.~~deleted

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 18 – paragraph 1 a (new)

1a. Member States shall introduce a ban on the use of nicotine-containing products in public places.

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 18 – paragraph 1 b (new)

1b. Member States shall introduce a minimum age for purchasing nicotine-containing products.

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 18 – paragraph 1 f (new)

1f. Member States shall introduce a ban on the use of products containing nicotine in public places.

2013/05/13
Committee: IMCO

2012/0366(COD)

Proposal for a directive
Article 18 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to update the nicotine quantities set out in paragraph 1 taking into account scientific developments and marketing authorisations granted to nicotine- containing products pursuant to Directive 2001/83/EC.

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 18 – paragraph 1 g (new)

1g. Member States shall introduce a minimum age to be able to access products containing nicotine.

2013/05/13
Committee: IMCO

2012/0366(COD)

Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1

Each unit packet and any outside packaging of nicotine-containing products below the thresholds set out in paragraph 1 shall carry the following health warning: This product contains nicotine and can damage your health.deleted

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 18 – paragraph 4

4. The health warning referred to in paragraph 3 shall comply with the requirements specified in Article 10(4). In addition, it shall: (a) be printed on the two largest surfaces of the unit packet and any outside packaging; (b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.deleted

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 18 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position, format, layout, design and rotation of the health warnings.

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1

Member States shall prohibit the placing on the market of tobacco products with a characterising flavour, provided that there is unequivocal scientific proof that the particular additive increases the product’s toxicity or addictiveness.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2

Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products~~, as long as the additives do not result in a product with a characterising flavour~~.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK, Bogdan Kazimierz MARCINKIEWICZ

Proposal for a directive
Article 26 – paragraph 1 – point b

(b) nicotine -containing products ~~below the threshold set out in Article 18(1)~~;

2013/05/28
Committee: ITRE

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 6 – paragraph 5

5. Member States shall prohibit the use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity, provided that there is unequivocal scientific proof that the particular additive increases the product’s toxicity or addictiveness. Filters and capsules shall not contain tobacco.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 12 – paragraph 1 – point c

~~(c) refers to flavour, taste, any flavourings or other additives or the absence thereof;~~deleted

2013/05/21
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 12 – paragraph 2

2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs ~~and sleev~~, sleeves and any decorative features or relate to the shape of the tobacco product itself. ~~Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.~~

2013/05/21
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 14 – paragraph 2 – introductory part

2. The unique identifier, which is secure and impossible to duplicate, shall allow determining:

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 14 – paragraph 4

4. Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companies with the necessary equipment, determined by the Member States, allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 14 – paragraph 6

6. Member States shall ~~ensure~~verify that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party, which shall host the data storage facility for data relating to the manufacturer and importer concerned. The data storage facility shall be physically located on the territory of the Union. The suitability of the third party, in particular its independence and technical capacities, as well as the contract, shall be approved and monitored by an external auditor, who is proposed and paid by the tobacco manufacturer and approved by the Commission. Member States shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis. In duly justified cases Member States or the Commission can provide manufacturers or importers access to this information, provided commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 14 – paragraph 8

8. In addition to the unique identifier, which is secure and impossible to duplicate, Member States shall require that all unit packets of tobacco products which are placed on the market carry a visible, tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 16 – paragraph 1 – introductory part

1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outlets intending to engage iintroduce a ban on cross- border distance sales ~~shall submit at least the following information to the competent authorities:~~of tobacco products.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 16 – paragraph 1 – point a

~~a) name or corporate name and permanent address of the place of activity from where the tobacco products are supplied;~~deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 16 – paragraph 1 – point b

~~b) the starting date of the activity of offering tobacco products for cross-border distance sales to the public by means of information society services;~~deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 16 – paragraph 1 – point c

~~c) the address of the website/-s used for that purpose and all relevant information necessary to identify the website.~~deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 16 – paragraph 2

2. The competent authorities of the Member States shall publish the complete list of all retail outlets registered with them in accordance with the rules and safeguards laid down in Directive 95/46/EC Retail outlets may only start placing tobacco products on the market in form of distance sales as of the moment the name of the retail outlet is published in the relevant Member States.deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 16 – paragraph 3

3. If it is necessary in order to ensure compliance and facilitate enforcement, Member States of destination may require that the retail outlet nominates a natural person who is responsible for verifying the tobacco products before reaching the consumer comply with the national provisions adopted pursuant to this Directive in the Member State of destination.deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 16 – paragraph 4

4. Retail outlets engaged in distance sales shall be equipped with an age verification system, which verifies at the time of sale, that the purchasing consumer respects the minimum age foreseen under the national legislation of the Member State of destination. The retailer or nominated natural person shall report to the competent authorities a description of the details and functioning of the age verification system.deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 16 – paragraph 5

5. Personal data of the consumer shall only be processed in accordance with Directive 95/46/EC and not be disclosed to the manufacturer of tobacco products or companies forming part of the same group of companies or to any other third parties. Personal data shall not be used or transferred beyond the purpose of this actual purchase. This also applies if the retail outlet forms part of a manufacturer of tobacco products.deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 1 – introductory part

1. ~~The following n~~Nicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 1 a (new)

1a. Member States shall introduce a ban on the use of nicotine-containing products in public places.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 1 b (new)

1b. Member States shall introduce a minimum age for purchasing nicotine- containing products.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 1 – point a

~~(a) products with a nicotine level exceeding 2 mg per unit, or~~deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 1 – point b

~~(b) products with a nicotine concentration exceeding 4 mg per ml or~~deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 1 – point c

~~(c) products whose intended use results in a mean maximum peak plasma concentration exceeding 4 ng of nicotine per ml.~~deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 2

~~2. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to update the nicotine quantities set out in paragraph 1 taking into account scientific developments and marketing authorisations granted to nicotine- containing products pursuant to Directive 2001/83/EC.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 3

Each unit packet and any outside packaging of nicotine-containing products below the thresholds set out in paragraph 1 shall carry the following health warning: This product contains nicotine and can damage your health.deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 4

4. The health warning referred to in paragraph 3 shall comply with the requirements specified in Article 10(4). In addition, it shall: a) be printed on the two largest surfaces of the unit packet and any outside packaging; b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.deleted

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 18 – paragraph 5

~~5. The Commission shall be empowered to adopt~~ delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position, format, layout, design and rotation of the health warnings.

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 26 – paragraph 1 – introductory part

Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until [Publications Office, please insert the exact date: entry into force + 2436 months]:

2013/05/14
Committee: ENVI

2012/0366(COD)

Jolanta Emilia HIBNER, Małgorzata HANDZLIK, Bogusław SONIK

Proposal for a directive
Article 26 – paragraph 1 – point b

b) nicotine containing products ~~below the threshold set out in Article 18(1)~~;

2013/05/14
Committee: ENVI

2012/0061(COD)

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers’ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2013/01/28
Committee: JURI

2012/0061(COD)

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2013/01/28
Committee: JURI

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2013/01/28
Committee: JURI

2012/0061(COD)

Proposal for a directive
Recital 4

(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Andreas SCHWAB, Malcolm HARBOUR

Proposal for a directive
Recital 4 a (new)

(4a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Recital 8

(8) ~~Trade union~~Social partners play an important role in the context of the posting of workers for the provision of services since ~~social partners~~they may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay. This right should come together with their responsibility for communicating and informing about the aforementioned rates.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Andreas SCHWAB, Malcolm HARBOUR

Proposal for a directive
Recital 10

(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Malcolm HARBOUR

Proposal for a directive
Article 12

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 can, in addition to 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 of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to workers’ rights acquired under the contractual relationship between the contractor and his subcontractor. 2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers. 3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable. 4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.Article 12 deleted Subcontracting — Joint and several liability

2013/01/28
Committee: JURI

2012/0061(COD)

Proposal for a directive
Recital 11

(11) ~~Mutual trust, a spirit of cooperation~~Taking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS

Proposal for a directive
Recital 2

(2) The free ~~movement of workers gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regard~~dom to provide services includes the right of undertakings to provide services in another Member State, for which they may send ('post') their own workers temp~~loyment, remuneration and o~~orarily to carry out ther work~~ing conditions in comparison to nationals of that Member State. It need~~ necessary to provide these services there. It is necessary for the purpose of the posting of workers to be distinguished this freedom from the free~~dom to provide services, which includes the right of undertakings to provide services in another Member State, for which they may send (‘post’) their own worker~~ movement of workers, which gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards temp~~orarily to carry out~~ loyment, remuneration and other work ~~necessary to provide these services ther~~ing conditions in comparison to nationals of that Member State.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Malcolm HARBOUR

Proposal for a directive
Recital 14 a (new)

(14a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a directive
Recital 4

(4) In order to prevent, avoid and combat circumvention and/or abuse of the applicable rules by companies taking improper or fraudulent advantage of the freedom to provide services enshrined in the Treaty and/or the application of Directive 96/71/EC the implementation and monitoring of the notion of posting should be improved, taking into consideration the principles of proportionality and non-discrimination.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a directive
Recital 4 a (new)

(4 a) All measures introduced by the Directive must be justified, proportionate and non-discriminatory so that they do not create administrative burdens and do not lock the potential that companies, in particular small and medium enterprises have in creating new jobs, while protecting posted workers.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Recital 5

(5) Therefore, the constituent factual elements characterising the temporary nature inherent to the notion of posting, which implies that the employer should be genuinely established in the Member State from which the posting takes place, as well as the relationship between Directive 96/71/EC and Regulation (EC) No 593/2008 on the law applicable to contractual obligations (hereinafter the ‘Rome I Regulation’) need to be further clarified, so that a broad application of the Directive is ensured.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Recital 8

(8) ~~Trade union~~Social partners play an important role in the context of the posting of workers for the provision of services since ~~social partners~~they may, in accordance with national law and/or practice, determine the different levels (alternatively or simultaneously) of the applicable minimum rates of pay .This right should come together with their responsibility for communicating and informing about the aforementioned rates.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Recital 10

(10) Adequate and effective implementation and enforcement are key elements in protecting the rights of posted workers and ensuring the right of undertakings to provide services in another Member State, whereas poor enforcement undermines the effectiveness of the Union rules applicable in this area. Close cooperation between the Commission and the Member States is therefore essential, without neglecting the important role of labour inspectorates and the social partners in this respect.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Marek SIWIEC, Malcolm HARBOUR

Proposal for a directive
Recital 16

(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only ~~certain~~such control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Recital 11

(11) ~~Mutual trust, a spirit of cooperation~~Taking into account that the ability of the host Member State to establish factual elements regarding the foreign undertaking is limited, cooperation with the Member State of establishment is crucial and needs to be further improved. Mutual trust, a spirit of assistance, continuous dialogue and mutual understanding are essential in this respect.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Recital 12

(12) In order to facilitate better and more uniform application of Directive 96/71/EC, it is appropriate to provide for an electronic information exchange system to facilitate administrative cooperation and competent authorities should use the Internal Market Information System (IMI) as much as possible. ~~However, this should not prevent the application of bilateral agreements or arrangements concerning administrative cooperation.~~

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 14 a (new)

(14 a) Where terms and conditions of employment are laid down in collective agreements which have been declared universally applicable, Member States should ensure that these collective agreements are officially published and accessible.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Marek SIWIEC, Konstantinos POUPAKIS

Proposal for a directive
Recital 16

(16) In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Member States should apply only ~~certain~~such control measures or administrative formalities to undertakings posting workers for the provision of services. Such control measures or administrative formalities should be proportionate and not entail unjustified, excessive administrative burdens. Such measures and requirements may only be imposed provided that the competent authorities cannot carry out their supervisory task effectively without the requested information and the necessary information cannot be obtained easily from the employer of posted workers or the authorities in the Member State of establishment of the service provider within a reasonable delay and/or less restrictive measures would not ensure that the objectives of the national controls measures deemed necessary are attained.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 18

(18) To ensure better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, and to reduce, as far as possible, differences in the level of application and enforcement across the Union, Member States should ensure that effective ~~and~~, adequate, proportionate and non-discriminatory inspections are carried out on their territory and that inspected undertakings are provided with information in writing on the result of the inspection.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Marek SIWIEC

Proposal for a directive
Recital 19

(19) National labour inspectorates, social partners and other monitoring ~~bod~~authorities are of paramount importance in this respect and should continue to play a crucial role.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Phil BENNION, Malcolm HARBOUR

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Recital 23

(23) To facilitate the enforcement of Directive 96/71/EC and ensure more effective application of it, effective complaint mechanisms should exist through which posted workers may lodge complaints or engage in proceedings either directly or, with their approval, through relevant designated third parties, such as trade unions or other associations as well as common institutions of social partners. This should be without prejudice to national rules of procedure concerning representation and defence before the courts.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Recital 24

(24) In view of the prevalence of subcontracting in the construction sector, and in order to protect posted workers‘ rights, it is necessary to ensure that in such sector at least the contractor of which the employer is a direct subcontractor can be held liable to pay to posted workers the net minimum rates of pay due, any back-payments of outstanding remuneration and/or contributions due to common funds or institutions of social partners regulated by law or collective agreement in so far as these are covered by Article 3 (1) of Directive 96/71/EC in addition to or in place of the employer. The contractor shall not be held liable if he/she has undertaken due diligence. The latter may imply preventive measures concerning proof provided by the subcontractor, including where relevant based upon information emanating from national authorities.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 27

(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Recital 25

(25) In specific cases, other contractors may, in accordance with national law and practice, be also held liable for failure to comply with the obligations under this Directive, or their liability may be limited, after consultation of the social partners at national or sectoral level.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Recital 28

(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 29

(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a directive
Recital 30

(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2

This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross-border provision of services~~, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers~~.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘competent authority’ means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Recital 26

(26) The obligation to impose a liability requirement on the contractor where the direct subcontractor is a service provider, established in another Member State, posting workers is justified in the overriding public interest of the social protection of workers. Such posted workers may not be in the same situation as workers employed by a direct subcontractor established in the Member State of establishment of the contractor with regard to the possibility to claim outstanding pay or refunds of taxes or social security contributions unduly withheld.deleted

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 2 – paragraph 1 – point c a (new)

(c a) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 27

(27) The disparities between the systems of the Member States for enforcing imposed administrative fines and/or penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71, in cross-border situations are prejudicial to the proper functioning of the internal market and risk making it very difficult, if not impossible, to ensure that posted workers enjoy an equivalent level of protection throughout the Union.

2013/01/17
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part

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 administrative activities. Such elements ~~may~~ include:

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Recital 28

(28) Effective enforcement of the substantive rules governing the posting of workers for the provision of services should be ensured by specific action focusing on the cross-border enforcement of imposed administrative fines and penalties in regard to posting of workers situations in accordance with this Directive and Directive 96/71. Approximation of the legislation of the Member States in this field is therefore an essential prerequisite in order to ensure a higher, more equivalent and comparable level of protection necessary for the proper functioning of the internal market.

2013/01/17
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part

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 administrative~~ activities. Such elements may include:

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Recital 29

(29) The adoption of common rules for providing mutual assistance and support for enforcement measures and the associated costs, as well as the adoption of uniform requirements for the notification of decisions relating to administrative penalties and fines imposed in regard to posting of workers situations in accordance with this Directive and Directive 96/71, should resolve a number of practical cross-border enforcement problems and guarantee better communication and better enforcement of such decisions emanating from another Member State.

2013/01/17
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a directive
Recital 30

(30) Notwithstanding the establishment of more uniform rules with respect to the cross-border enforcement of penalties and fines in regard to posting of workers situations in accordance with this Directive and Directive 96/71 and the need for more common criteria for follow-up procedures in the event of the non-payment of these they should not affect the Member States‘' competences to determine their system of penalties, sanctions and fines or the recovery measures available under their internal legislation.

2013/01/17
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a

(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies,

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)

(b a) the place from which workers are posted,

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d

(d) the place where the undertaking performs its ~~substantial~~ business activity and where it employs administrative staff,

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e

~~(e) the abnormally limited number of contracts performed and/or size of turnover realised in the Member State of establishment.~~deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Marek SIWIEC, Konstantinos POUPAKIS, Andreas SCHWAB

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

The assessment of these elements shall be adapted to each specific case and take account of the nature of the activities and/or period of time in which these activities were carried out by the undertaking in the Member State in which it is established.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Article 3 – paragraph 2 a (new)

2 a. Within three years after the date referred to in Article 20, the necessity and appropriateness of the elements enumerated in paragraphs 1 and 2 of this article shall be reviewed in the light of defining possible new elements which shall be taken into account in order to determine whether the undertaking is genuine and posted worker temporarily carries out his or her work, with a view to proposing, where appropriate, any necessary amendments or modifications.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 3 – paragraph 2 a (new)

2 a. In any case, the possession of a certificate concerning social security such as form A1 is an indication that an undertaking genuinely performs its activities.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Article 3 – paragraph 2 b (new)

2 b. The elements determining whether an undertaking in the Member State in which it is established genuinely performs activities and assessing whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, shall be interpreted in a balanced way, in accordance with the rules concerning freedom to provide services included in the Title IV, Chapter III of the Treaty on Functioning of the European Union.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Article 3 – paragraph 2 c (new)

2 c. All the factual elements enumerated in paragraph 1 and 2 are only indicative factors in the overall assessment to be made and may therefore never be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation. The non-meeting of one or more of the criteria does not necessary preclude the situation of posting, but should help in the evaluation of genuine posting. The criteria in paragraphs 1 and 2 are intended to assist a competent authority in cases where the competent authority has reason to believe that a worker may not qualify as posted under Directive 96/71/EC. In such cases the competent authority may apply the criteria and factual elements in paragraphs 1 and 2 which it considers are relevant to the circumstances under consideration. There is no requirement that evidence must be supplied in respect of each criterion or that each criterion must be satisfied in every instance of a posting.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Lidia Joanna GERINGER DE OEDENBERG, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2

This Directive aims to facilitate the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, while guaranteeing respect for an appropriate level of minimum protection of the rights of posted workers for the cross- border provision of services~~, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers.~~

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Malcolm HARBOUR, Andreas SCHWAB

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part

Such elements ~~may~~ include:

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3

All the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Article 5 – paragraph 2 – point f

(f) keep the information provided for in the country fiches up to date, exact and exhaustive.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) ‘'competent authority’' means anpublic authorityies of a Member State designated by athis Member State to perform functions under this Directive;

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 5 – paragraph 4

4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States ~~should~~ ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 5 – paragraph 4 – subparagraph 1 (new)

Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 2 – paragraph 1 – point c a (new)

(ca) "undertaking established in a Member State" means an undertaking which actually pursues an economic activity, as referred to in Article 49 of the Treaty on the Functioning of the European Union, by the provider for an indefinite period and through a stable infrastructure from where the business of providing services is actually carried out;

2013/01/21
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 1

Member States shall supply the information requested by other Member States or the Commission by electronic means as soon as possible and at the latest within 2 weeks from the reception of a request or within one month if the answer requires an inspection on the spot.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 6 – paragraph 5 – subparagraph 2

A specific urgency mechanism shall be used for special situations where a Member State becomes aware of particular circumstances requiring urgent action. In such circumstances, the information shall be submitted within 2~~4 hour~~ working days.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 6 – paragraph 6

6. Member States shall ensure that registers in which service providers have been entered, and which may be consulted by the competent authorities in their territory, may also be consulted, in accordance with ~~the sam~~comparable conditions, by the equivalent competent authorities of the other Member States.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Marek SIWIEC, Konstantinos POUPAKIS

Proposal for a directive
Article 7 – title

~~Role of~~Cooperation between the Member State of establishment and the host Member State

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 7 – paragraph 4 a (new)

4 a. During the period of posting a worker to another Member State, the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Andreas SCHWAB, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
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 administrative~~ activities. Such elements may include:

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 – introductory part

1. Member States may only impose the following administrative requirements and control measures, in the sectors of activities, identified pursuant to paragraph 2a (new) of this Article:

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Marek SIWIEC

Proposal for a directive
Article 9 – paragraph 1 a (new)

1 a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Konstantinos POUPAKIS

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) an obligation to keep or make available ~~and/or retain~~within a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Konstantinos POUPAKIS, Andreas SCHWAB, Malcolm HARBOUR

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a

(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, or according to national law has a professional licence or is registered with the chambers of commerce or professional bodies,

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) ~~an obligation~~if necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Andreas SCHWAB, Malcolm HARBOUR

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b a (new)

(b a) the place from which workers are posted,

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Marek SIWIEC, Andreas SCHWAB

Proposal for a directive
Article 9 – paragraph 2 a (new)

2 a. The sectors of activities in which the national control measures listed in paragraph 1 can be applied shall be identified by the Member States based on a risk assessment. When making such risk assessment the realisation of major infrastructural projects, the special problems and needs of specific sectors, the past record of infringements, as well as the vulnerability of certain groups of workers shall be taken into account.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 (new)

At the end of each inspection, the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which 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, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Andreas SCHWAB, Malcolm HARBOUR

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d

(d) the place where the undertaking performs its ~~substantial~~ business activity and where it employs administrative staff,

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a

(a) any outstanding remuneration which~~, under the applicable terms and conditions of employment~~ is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC~~, would have been due~~;

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Andreas SCHWAB, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point e

~~(e) the abnormally limited number of contracts performed and/or size of turnover realised in the Member State of establishment.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b

(b) refund of excessive costs, in relation to ~~net~~ remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)

(b a) any back payments or refund of taxes or social security contributions unduly withheld from the worker's salary.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12

~~[...]~~deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1

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 can, in addition to 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 of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 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 can, in addition to 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 of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Malcolm HARBOUR, Adam BIELAN, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a

(a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC;deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b

~~(b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.~~deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

~~The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.~~deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Marek SIWIEC, Konstantinos POUPAKIS, Andreas SCHWAB, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 3 – paragraph 1 – subparagraph 2

The assessment of these elements shall be adapted to each specific case and take account of the nature of the activities and/or period of time in which these activities were carried out by the undertaking in the Member State in which it is established.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 3

3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR, Phil BENNION, Othmar KARAS

Proposal for a directive
Article 12 – paragraph 4

4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB

Proposal for a directive
Article 13 – paragraph 1

1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.

2012/11/07
Committee: IMCO

2012/0061(COD)

Proposal for a directive
Article 18 – paragraph 2

2. For the duration of 3 years after the entry into force of this Directive, Member States may continue to apply bilateral arrangements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.

2012/11/07
Committee: IMCO

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Andreas SCHWAB, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 3 – paragraph 2 a (new)

2 a. In any case, the possession of a certificate concerning social security such as form A1 is an indication that an undertaking genuinely performs its activities.

2013/01/21
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Article 3 – paragraph 2 b (new)

2 b. The elements determining whether an undertaking in the State in which it is established genuinely performs activities and assessing whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, shall be interpreted in a balanced way, in accordance with the rules concerning freedom to provide services included in the Title IV, Chapter III of the Treaty on Functioning of the European Union.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Andreas SCHWAB, Malcolm HARBOUR

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3

All the factual elements enumerated above are indicative factors in the overall assessment to be made and may not therefore be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Andreas SCHWAB, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 3 – paragraph 2 a (new)

2a. In any case, the possession of a certificate concerning social security such as form A1 is an indication that an undertaking genuinely performs its activities.

2013/01/21
Committee: EMPL

2012/0061(COD)

Proposal for a directive
Article 3 – paragraph 2 b (new)

2b. The elements determining whether an undertaking in the State in which it is established genuinely performs activities and assessing whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, shall be interpreted in a balanced way, in accordance with the rules concerning freedom to provide services included in the Title IV, Chapter III of the Treaty on Functioning of the European Union.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Adam BIELAN, Andreas SCHWAB, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 3 – paragraph 2 c (new)

2c. All the factual elements enumerated in paragraph 1 and 2 are only indicative factors in the overall assessment to be made and may therefore never be considered in isolation. The criteria shall be adapted to each specific case and take account of the specificities of the situation. The non-meeting of one or more of the criteria does not necessary preclude the situation of posting, but should help in the evaluation of genuine posting. The criteria in paragraphs 1 and 2 are intended to assist a competent authority in cases where the competent authority has reason to believe that a worker may not qualify as posted under Directive 96/71/EC. In such cases the competent authority may apply the criteria and factual elements in paragraphs 1 and 2 which it considers are relevant to the circumstances under consideration. There is no requirement that evidence must be supplied in respect of each criteria or that each criteria must be satisfied in every instance of a posting.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 5 – paragraph 4

4. Where, in accordance with national law, traditions and practices, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with article 3 paragraph 1 and 8 of that Directive, Member States ~~should~~ ensure that the social partners shall identify these and make the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for Member States who then make it available to service providers from other Member States and posted workers.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Malcolm HARBOUR

Proposal for a directive
Article 5 – paragraph 4 a (new)

4a. Member States shall ensure that collective agreements referred to in Article 3 paragraphs 1 and 8 of Directive 96/71 are subject to registration in official registers and publication. Terms and conditions of employment referred to in Article 3 of the Directive 96/71 laid down in those collective agreements have to be applied on undertakings posting workers only from the moment of official registration and publication.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Marek SIWIEC, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 7 – title

~~Role of~~Cooperation between the Member State of establishment and the host Member State

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Marek SIWIEC, Konstantinos POUPAKIS, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 7 – paragraph 4 a (new)

4a. During the period of posting a worker to another Member State the inspection of the working conditions to be complied with according to Directive 96/71/EC lies within responsibility of the authorities of the host Member State in cooperation with the Member State of establishment.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Konstantinos POUPAKIS, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) an obligation to keep or make available ~~and/or retain~~within a reasonable period of time and/or retain, at the choice of the services provider, copies in paper or electronic form of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), payslips, time-sheets and proof of payment of wages or copies of equivalent documents, issued according to the national law of the Member State of establishment, during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 – point d

(d) ~~an obligation~~if necessary, to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided. The representative or the contact person can be any person chosen by the employer or employers association in the Member State of establishment of which the employer is a member.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Marek SIWIEC, Lidia Joanna GERINGER DE OEDENBERG, Malcolm HARBOUR

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Member States shall impose the necessary administrative requirements and control measures mentioned in paragraph 1 in a non-discriminatory, justified and proportionate manner.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Marek SIWIEC, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)

At the end of each inspection the competent authority shall provide a document which includes at least the name and address of the inspected undertaking, data identifying the competent authority, the days in which the inspection was carried out, the legal ground for the control measure applied, a justification on necessity and proportionality, upon request of the undertaking inspected - information that there are matters covered by trade secrets, a description of fraud identified or information that no fraud was identified, as well as any other relevant information. The inspected undertaking has the right to submit remarks with regard to the findings included in the document. The inspected undertaking receives a copy of the document.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 11 – paragraph 3

3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which 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, may engage, on behalf or in support of the posted workers or their employer, only with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and/or enforcing the obligations under this Directive.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point a

(a) any outstanding remuneration which~~, under the applicable terms and conditions of employment~~ is due and/or contributions due to common funds or institutions of social partners covered by Article 3 of Directive 96/71/EC~~, would have been due~~;

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b

(b) refund of excessive costs, in relation to ~~net~~ remuneration or to the quality of the accommodation, withheld or deducted from wages for accommodation provided by the employer.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b a (new)

(ba) any back-payments or refund of taxes or social security contributions unduly withheld from the worker's salary.

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR, Phil BENNION

Proposal for a directive
Article 12

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 can, in addition to 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 of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary. The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor. 2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers. 3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable. 4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.Article 12 deleted Subcontracting — Joint and several liability

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1

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 can, in addition to 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 of the following: (a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC; (b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a

(a) any outstanding net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or institutions of social partners in so far as covered by Article 3 (1) of Directive 96/71/EC;deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b

~~(b) any back-payments or refund of taxes or social security contributions unduly with held from his/her salary.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2

~~The liability referred to in the present paragraph shall be limited to worker's rights acquired under the contractual relationship between the contractor and his subcontractor.~~deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 2

2. Member States shall provide that a contractor who has undertaken due diligence shall not be liable in accordance with paragraph 1. Such systems shall be applied in a transparent, non discriminatory and proportionate way. They may imply preventive measures taken by the contractor concerning proof provided by the subcontractor of the main working conditions applied to the posted workers as referred to in Article 3 (1) of Directive 96/71/EC, including pay slips and payment of wages, the respect of social security and/or taxation obligations in the Member State of establishment and compliance with the applicable rules on posting of workers.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 3

3. Member States may, in conformity with Union law, provide for more stringent liability rules under national law on a non-discriminatory and proportionate basis in regard to the scope and range of subcontractor liability. Member States may also, in conformity with Union law, provide for such liability in sectors other than those contained in the Annex to Directive 96/71/EC. Member States may in these cases provide that a contractor that has undertaken due diligence as defined by national law shall not be liable.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Adam BIELAN, Phil BENNION, Othmar KARAS, Malcolm HARBOUR

Proposal for a directive
Article 12 – paragraph 4

4. Within three years after the date referred to in Article 20, the Commission shall, in consultation with the Member States and social partners at EU level, review the application of this Article with a view to proposing, where appropriate, any necessary amendments or modifications.deleted

2013/01/21
Committee: EMPL

2012/0061(COD)

Constance LE GRIP, Barbara WEILER, Philippe JUVIN, Małgorzata HANDZLIK

Proposal for a directive
Article 13 – paragraph 1

1. Without prejudice to the means which are or may be provided for in Union legislation, the principles of mutual assistance and recognition as well as the measures and procedures provided for in this Article shall apply to the cross-border enforcement of administrative fines and penalties regarding posting of workers situations in accordance with this Directive and Directive 96/71, imposed for failure to comply with the applicable rules in a Member State on a service provider established in another Member State.

2013/01/21
Committee: EMPL

2011/2181(INI)

Draft opinion
Paragraph 6

6. Firmly emphasises that corporate management and remuneration policies must be sound and responsible and comply with the principles of wage parity and equal treatment of women and men, in accordance with the EU provisions in force; calls on the Commission to bring forward measures to ensure a more balanced representation of women on boards of directors, with the aim of achieving at least 40% representation of each gender by 2020;

2011/12/20
Committee: IMCO

2011/2085(INI)

Motion for a resolution
Paragraph 1

1. Welcomes the Commission’s Communication on the mutual evaluation process of the Services Directive and acknowledges the considerable amount of work accomplished by the Commission and, above all, Member States’ national administrations, including local and regional administrations;

2011/07/19
Committee: IMCO

2011/2085(INI)

Motion for a resolution
Paragraph 8

8. Considers that mutual evaluation process enabled a better understanding of the remaining barriers and the situation in each Member State by the European Commission and the Member States; notes that the process enabled the Member States to get feedback on their policy choices and facilitated the promotion of best regulatory practices;

2011/07/19
Committee: IMCO

2011/2085(INI)

Motion for a resolution
Paragraph 13

13. WConsiders that the mutual evaluation process in the Services Directive is an important instrument for identifying further initiatives aimed at improving the functioning of internal market for services; welcomes the fact that the Commission is proposing a set of actions to build on the momentum gathered during the implementation and mutual evaluation phases;

2011/07/19
Committee: IMCO

2011/2085(INI)

Motion for a resolution
Paragraph 15

15. Looks forward to the announced economic assessment of the implementation of the Services Directive and its impact on the functioning of the services market; invites the Commission to present to the Parliament its findings as soon as they are available;

2011/07/19
Committee: IMCO

2011/2085(INI)

Motion for a resolution
Paragraph 17

17. Acknowledges the Commission’s findings and plans to assess further issues related to reserving service activities for certain operators, legal form and capital ownership requirements, and insurance obligation; deplores the fact that no earlier action had been taken in areas where problems had long been known;

2011/07/19
Committee: IMCO

2011/2085(INI)

Motion for a resolution
Paragraph 19 a (new)

19a. Stresses the need to ensure coherence of the implementation of the different pieces of legislation of central relevance for services activities;

2011/07/19
Committee: IMCO

2011/2085(INI)

Motion for a resolution
Paragraph 23

23. Believes that ‘cluster discussions’ should remain the core element of the mutual evaluation process; considers that mutual evaluation should be developed further as a procedure for exchanging best practices and ‘policy-learning’; is of the opinion that the cluster’s composition should always reflect Member States’ expectations and potential impact on the Single Market;

2011/07/19
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Recital 4 a (new)

(4a) Internal Market and international markets are increasingly interlinked, therefore EU values, such as transparency, a principled stance against corruption, principle of reciprocity and the advancement of social and human rights should be appropriately promoted in procurement policies.

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 15 – paragraph 2

2. The contracting entities shall notify the Commission or the national ~~oversigh~~competent body at their request of all the categories of products or activities which they regard as excluded under paragraph 1. The Commission may periodically publish in the Official Journal of the European Union, for information purposes, lists of the categories of products and activities which it considers to be covered by this exclusion. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding information.

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 18 – paragraph 1 – point c

(c) a particular procedure of an international organisation, which has its affiliation in the Member State;

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 53 – paragraph 1 – subparagraph 2

For this purpose, contracting entities may seek or accept advice from administrative support structures or from independent third parties or market participants, provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non- discrimination and transparency.

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

CWith a view to maximizing competition and access of SMEs to public procurement, contracts may be subdivided into ~~homogenous or heterogeneous~~ lots. Article 13(7) applies.

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2

CWhere contracting entit~~ies~~y limits the possibility to tender to one or more lots it shall indicate, it in the contract notice, in the invitation to confirm interest, or, where the means of calling for competition is a notice on the existence of a qualification system, in the invitation to tender or to negotiate, ~~whether tenders are limited to one or more lots only~~or in the procurement documents.

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 3

3. Where more than one lot may be awarded to the same tenderer, contracting entities may provide that they will either award a contract per lot or one or more contracts, covering several or all lots. Contracting entities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting entities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 76 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 76 are better fulfilled with regard to all the lots covered by that contract. Contracting entities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – introductory part

1. The contracting entity shall request economic operators to explain the price or costs charged, ~~where all~~if at least one of the following conditions are fulfilled:

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point a

(a) the price or cost ~~charged~~indicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders;

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point a a (new)

(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point b

(b) the price or cost ~~charged is more than 20~~indicated in a tender is at least 15 % lower than the price or costs of the second lowest tender;

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point c

~~(c) at least five tenders have been submit~~deleted.

2012/08/29
Committee: INTA

2011/0439(COD)

Proposal for a directive
Recital 22

(22) This Directive should apply neither to contracts intended to permit the performance of an activity referred to in Articles 5 to 11 nor to design contests organised for the pursuit of such an activity if, in the Member State in which this activity is carried out, in all or in part, even in relation to single sectors or segments of it, it is directly exposed to competition on markets to which access is not limited. It is therefore appropriate to maintain the procedure, applicable to all sectors covered by this Directive that will enable the effects of current or future opening up to competition to be taken into account. Such a procedure should provide legal certainty for the entities concerned, as well as an appropriate decision-making process, ensuring, within short time limits, uniform application of Union law in this area.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Recital 23

(23) Direct exposure to competition should be assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned or of a part of it. This assessment is, however, limited by the applicable short deadlines and by having to be based on the information available to the Commission – either from already available sources or from the information obtained in the context of the application pursuant to Article 28 - which can not be supplemented by more time consuming methods, including notably public inquiries of economic operators concerned. The assessment of direct exposure to competition that can be carried out in the context of this directive is consequently without prejudice to the full-fledged application of competition law.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Recital 24

(24) The implementation and application of appropriate Union legislation opening a given sector, or a part of it, will be considered to provide sufficient grounds for assuming that there is free access to the market in question. Such appropriate legislation should be identified in an annex which can be updated by the Commission. It is appropriate that this annex should currently refer to Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC27 , Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC28 ~~and Directive 94/22/EC~~, Directive 94/22/EC and Directive 91/440/EC on the development of the Community's railways.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Recital 46

(46) Those sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting entities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting entities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life- cycle of a works, supplies or services, both their internal costs (such as development, ~~production,~~ use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; adopted in close consultation with stakeholders, including industry; whenever such a methodology is developed its use should be made compulsory.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Recital 47

(47) Furthermore, in technical specifications and in award criteria, contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life-cycle of a product or service, provided that they are linked to the subject-matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1

2. Procurement within the meaning of this Directive is the purchase ~~or other forms of acquisition~~ of works, supplies or services via public contracts by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11. Procurement within the meaning of this Directive is the acquisition of works, supplies or services by means of public contracts by one or more contracting entities from economic operators chosen by those contracting entities.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 2 – point 4 – point a

(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions and engages in economic activities by offering goods and services on the market, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 2 – point 22

(22) ‘life cycle’ means all consecutive and/or interlinked stages, including ~~production~~research, development, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, fpro~~m raw material acquisition or generation of resources to disposal, clearance an~~vided data in relation to these are measurable and can be collated fin~~alisation;~~ a meaningful manner.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 19 – paragraph 1 – point b

b) arbitration and conciliation services, or the actions of a public official who is obliged to be independent and impartial;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b

(b) ~~at least 90 %~~essential part of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b

(b) ~~at least 90 %~~essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b

(b) ~~at least 90 %~~essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 27 – paragraph 1

1. Contracts intended to enable an activity mentioned in Articles 5 to 11 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 28 can demonstrate that, in the Member State in which it is performed, or in the related specific sectors or segments the activity is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this Directive. Such competition assessment, which will be made in the light of the information available to the Commission and for the purposes of this Directive, is without prejudice to the application of competition law.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 27 – paragraph 2 – subparagraph 1

2. For the purposes of paragraph 1, the question of whether an activity is directly exposed to competition the relevant market, both in its product and geographic dimension, has to be defined. Definition of the relevant market shall be decided on the basis of criteria that are in conformity with the provisions on competition of the Treaty; those may include the characteristics of the goods or services concerned which are regarded as substitutable both on the demand and the supply side – for instance as far as inter- modality in the transport sector is concerned-, the existence of alternative goods or services, the prices and the actual or potential presence of more than one supplier of the goods or provider of the services in question.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 27 – paragraph 3 – subparagraph 1

3. For the purposes of paragraph 1, access to a market shall be deemed not to be restricted if the Member State has implemented and applied the Union legislation listed in Annex III, or if the Member State has extended to the concerned market the application of principles established by the mentioned legislation. If free access to a given market cannot be presumed on the basis of the first subparagraph, it must be demonstrated that access to the market in question is free de facto and de jure.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 1

1. Where a Member State or, where the legislation of the Member State concerned provides for it, a contracting entity considers that, on the basis of the criteria set out in Article 27(2) and (3), a given activity is completely or partially, even with regard to single sectors or segments of it, directly exposed to competition on markets to which access is not restricted, it may submit a request to establish that this Directive does not apply to the award of contracts or the organisation of desing contests for the pursuit of that activity or of a single sector or segment of it.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 28 – paragraph 1 – subparagraph 2

Requests shall be accompanied by a reasoned and substantiated position adopted by an independent national authority that is competent in relation to the activity concerned~~. This position shall thoroughly analyse the conditions for the possible applicability of Article 27(1) to the activity concerned in accordance with its paragraphs 2 and 3~~ or of a single sector or segment of it.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 28 – paragraph 2 – subparagraph 1

Upon request submitted in accordance with paragraph 1 of this Article, the Commission may, by way of an implementing decision adopted within the periods set out in paragraph 4 of this Article, establish whether an activity, or of a single sector or segment of it, referred to in Articles 5 to 11 is directly exposed to competition on the basis of the criteria set out in Article 27. Those implementing decisions shall be adopted in accordance with the advisory procedure referred to in Article 100(2) .

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 28 – paragraph 2 – subparagraph 2 – introductory part

Contracts intended to enable the activity concerned, or of a single sector or segment of it, to be carried out and design contests that are organised for the pursuit of such an activity, or of a single sector or segment of it, shall cease to be subject to this Directive in any of the following cases:

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2

The notion of conflict of interests shall ~~at least~~ cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a private interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3

Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 93 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. If the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 44 – paragraph 1 – point c

(c) whe~~re the aim of the procurement is the creation or obtention of a work of art~~n for artistic reasons the contract may be awarded only to a particular economic operator;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 44 – paragraph 1 – point e

(e) insofar as is strictly necessary where, for reasons of extreme urgency ~~brought about by force majeure~~, the time limits laid down for open procedures, restricted procedures and negotiated procedures with prior call for competition cannot be complied with. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting entity;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 44 – paragraph 1 – point f a (new)

(fa) for additional works or services which were not included in the project initially awarded or in the contract first concluded but have, through unforeseen circumstances, become necessary to the performance of the contract, on condition that the award is made to the contractor or service provider executing the original contract: (i) when such additional works or services cannot be technically or economically separated from the main contract without great inconvenience to the contracting entities, or (ii) when such additional works or services, although separable from the performance of the original contract, are strictly necessary to its later stages;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 2

A framework agreement means an agreement between one or more contracting entities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period~~, in particular with regard to price and, where appropriate, the quantities envisaged~~.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3

~~The term of a framework agreement shall not exceed four years, save in exceptional cases duly justified, in particular by the subject of the framework agreement.~~deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 2

2. Contracts based on a framework agreement shall be awarded in accordance with the procedures laid down in this paragraph and paragraphs 3 and 4. Those procedures may be applied only between those contracting entities clearly identified for this purpose in the call for competition, in the invitation to confirm interest or, where a notice on the existence of a qualification system is used as a means of calling for competition, in the invitation to tender and those economic operators originally party to the framework agreement. Contracts based on a framework agreement may under no circumstances make substantial modifications to the terms laid down in that framework agreement, in particular in the case referred to in paragraph 3. Contracting entities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 3

3. Where a framework agreement is concluded with a single economic operator, contracts based on that agreement shall be awarded within the limits of the terms laid down in the framework agreement. For the award of those contracts, contracting entities may consult the operator party to the framework agreement in writing, requesting it to supplement its tender as necessary.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 4

4. Where a framework agreement is concluded with more than one economic operator, it may be performed in one of the two following ways: (a) following the terms and conditions of the framework agreement, without reopening competition, where it sets out all the terms governing the provision of the works, services and supplies concerned and the objective conditions for determining which of the economic operators, party to the framework agreement, shall perform them; the latter conditions shall be indicated in the procurement documents; (b) where not all the terms governing the provision of the works, services and supplies are laid down in the framework agreement, through reopening competition amongst the economic operators parties to the framework agreement.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 5

5. The competition referred to in paragraph (4)(b) shall be based on the same terms as applied for the award of the framework agreement and, where necessary, more precisely formulated terms, and, where appropriate, other terms referred to in the specifications of the framework agreement, in accordance with the following procedure: (a) for every contract to be awarded, contracting entities shall consult in writing the economic operators capable of performing the contract; (b) contracting entities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject- matter of the contract and the time needed to send in tenders; (c) tenders shall be submitted in writing, and their content shall not be opened until the stipulated time limit for reply has expired; (d) contracting entities shall award each contract to the tenderer that has submitted the best tender on the basis of the award criteria set out in the specifications of the framework agreement.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 45 – paragraph 5

5. The competition referred to in paragraph (4)(b) shall be based on the same terms as applied for the award of the framework agreement and, where necessary, more precisely formulated terms, and, where appropriate, other terms referred to in the specifications of the framework agreement, in accordance with the following procedure: (a) for every contract to be awarded, contracting entities shall consult in writing the economic operators capable of performing the contract; (b) contracting entities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject- matter of the contract and the time needed to send in tenders; (c) tenders shall be submitted in writing, and their content shall not be opened until the stipulated time limit for reply has expired; (d) contracting entities shall award each contract to the tenderer that has submitted the best tender on the basis of the award criteria set out in the specifications of the framework agreement.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 49 – paragraph 1

1. CMember States may stipulate that contracting entities may purchase works, supplies and/or services from or through a central purchasing body.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 49 – paragraph 2

2. Member States ~~shall~~may also provide for the possibility for contracting ~~ent~~authorities to have recourse to centralised purchasing activities offered by central purchasing bodies established in another Member State.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 1

1. Without prejudice to Title I, Chapter III, Section 2, Subsection 2: Special relations, ~~contracting entities from different~~Member States may stipulate that contracting entities may award public contracts jointly with contracting entities from other Member States ~~may~~if: (a) the jointly award ~~contracts by using one of the means described in this Articl~~of a public contract is justified due to cross-border nature of the contract or; (b) the public contract is co-financed by contracting authorities from different Member States or; (c) the public contract is of innovative nature.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 2

2. Several contracting entities may purchase works, supplies and/or services from or through a central purchasing body located in another Member State. In that case, the procurement procedure shall be conducted in accordance with the national provisions of the Member State where the central purchasing body is located.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 3 – subparagraph 1 – introductory part

~~Several contracting entities from different Member States may jointly award a contract. In that case~~In a case referred to in the paragraph 1, the participating contracting entities shall conclude an agreement that determines

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 5

5. In the absence of an agreement determining the applicable public procurement law, the national legislation governing the contract award shall be determined following the rules set out below: (a) where the procedure is conducted or managed by one participating contracting entity on behalf of the others, the national provisions of the Member State of that contracting entity shall apply; (b) where the procedure is not conducted or managed by one participating contracting entity on behalf of the others, and (i) concerns a works contract, contracting entities shall apply the national provisions of the Member State where most of the works are located; (ii) concerns a service or supply contract, contracting entities shall apply the national provisions of the Member State where the major part of the services or supplies is provided; (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b), contracting entities shall apply the national provisions of the Member State of the contracting entity which bears the biggest share of the costs.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 6

6. In the absence of an agreement determining the applicable public procurement law under paragraph 4, the national legislation governing procurement procedures conducted by joint legal entities set up by several contracting entities from different Member States shall be determined following the following rules: (a) where the procedure is conducted or managed by the competent organ of the joint legal entity, the national provisions of the Member State where the legal entity has its registered office shall apply; (b) where the procedure is conducted or managed by a member of the legal entity on behalf of that legal entity, the rules set out in points (a) and (b)of paragraph 5 shall apply; (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b) of paragraph 5, the contracting entities shall apply the national provisions of the Member State where the legal entity has its registered office.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 6 a (new)

6 a. Several contracting entities from different Member States may purchase works, supplies and/or services from or through a central purchasing body located in another Member State, if those Member States provided for the possibility referred to in Article 49 paragraph 2 and all the conditions referred to in the paragraph 1 are fulfilled. In that case, parties shall conclude an agreement that determines which national provisions shall apply to the procurement procedure.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 52 – paragraph 7

7. OMember States may stipulate that one or more contracting entities may award individual contracts under a framework agreement concluded by or jointly with a contracting entity located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting entity or entities to award the individual contracts.

2012/09/03
Committee: IMCO

2011/0439(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN

Proposal for a directive
Article 52 – paragraph 9

9. In order to enable the effective operation of review mechanisms, Member States shall ensure that the decisions of review bodies within the meaning of Council Directive 92/13/EEC47 located in other Member States are fully executed in their domestic legal order, where such decisions involve contracting entities established on their territory participating in the relevant cross-border public procurement procedure.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 1

Contracts may be subdivided into ~~homogenous or heterogeneous~~ lots. Article 13 (7) applies.

2012/09/03
Committee: IMCO

2011/0439(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN

Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2

CWhere the contracting entit~~ies~~y limits the possibility to tender to one or more lots it shall indicate, it in the contract notice, in the invitation to confirm interest, or, where the means of calling for competition is a notice on the existence of a qualification system, in the invitation to tender or to negotiate, ~~whether tenders are limited to one or more lots only.~~or in the procurement documents

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 59 – paragraph 3

3. Where more than one lot may be awarded to the same tenderer, contracting entities may provide that they will either award a contract per lot or one or more contracts, covering several or all lots. Contracting entities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting entities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 76 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 76 are better fulfilled with regard to all the lots covered by that contract. Contracting entities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 70 – paragraph 5

5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where ~~they have~~it has been established that the tender does not comply~~, at least in an equivalent manner,~~ with obligations established by Union or national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 1

The most economically advantageous tender referred to in ~~point (a) of~~ paragraph 1) from the point of view of the contracting ~~ent~~authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs, other criteria linked to the subject-matter of the public contract in question.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – introductory part

~~Those criteria shall include~~ Costs shall be assessed using a~~ddition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the contract in question, such as~~ cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 77. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a

(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative ~~character~~aspects, after-sales service and technical assistance, delivery conditions (delivery date, delivery process and delivery period or period of completion);

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b

(b) ~~for service contracts and contracts involving the design of works, the~~ wherever the quality of the staff is of crucial importance for the performance of the contract ,organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that , following the award of the contract, such staff may only be replaced with the consent of the contracting entity ~~which must verify that replacements ensure equivalent organisation and quality~~;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 1 – point a

(a) internal costs, including costs relating to acquisition, ~~such as production costs,~~costs of use, such as energy consumption and use of other resources, maintenance costs, and end of life, such as collection and recycling costs and

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 1 – point b

(b) external environmental costs directly linked to the life cycle of the product, provided their monetary value can be determined and verified~~, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs~~.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point a

(a) it has been drawn up ~~on the basis~~in close consultation with stakeholders, including industry and is based ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) the data required can be provided with reasonable effort by normally diligent economic operators,

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1

3. Whenever a common methodology for the calculation of life-cycle costs ~~is adopted as part of a legislative act of the Union, including~~covering among others environmental externalities has been made mandatory by dea leg~~ated acts pursuant to sector specific legislat~~islative act of the Union, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 76 (1).

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 77 – paragraph 3 – subparagraph 2

A list of such legislative ~~and delegated~~ acts is set out in Annex XV. The Commission, shall be empowered to adopt delegated acts in accordance with Article 98 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – introductory part

1. The contracting entity shall request economic operators to explain the price or costs charged, ~~where all~~if at least one of the following conditions are fulfilled:

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point a

(a) the price or cost ~~charged~~indicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point a a (new)

(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point b

(b) the price or cost ~~charged is more than~~indicated in a tender is at least 20 % lower than the price ~~or costs~~ of the second lowest tender;,

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 1 – point c

~~(c) at least five tenders have been submit~~deleted.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 2

2. ~~Where tenders appear to be abnormally low for other reasons, contracting entities may also request such explanations~~Contracting entities may also request explanations concerning price or costs indicated in a tender when other conditions, than those indicated in paragraph 1, are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority, and the probability that the price or cost is abnormally low is very high.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3

Contracting entities shall reject the tender, where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product, providing services or carrying out works which are subject matter of the public contract, taking into consideration economic conditions, and in particular if it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIV.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 81 – paragraph 2 a (new)

2a. Member States may decide that the contracting entity may exclude a subcontractor indicated by the tender if: (i) the subcontractor does not fulfil criteria for selection envisaged for a tender (ii)the subcontractor is not capable to properly fulfil its part of the contract Terms of participation in a procedure and capacity of a subcontractor to properly fulfil its part of the contract are assessed proportionally to the part of the contract awarded to the subcontractor, on the basis of contract award criteria indicated in Article 76.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 82 – paragraph 4

4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 515 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 83

Article 83 Termination of contracts Member States shall ensure that contracting entities have the possibility, under the conditions determined by the applicable national contract law, to terminate a works, supply or service contract during its term, where one of the following conditions is fulfilled: (a) the exceptions provided for in Article 21 cease to apply following a private participation in the legal person awarded the contract pursuant to Article 21 (4); (b) a modification of the contract constitutes a new award within the meaning of Article 82; (c) the Court of Justice of the European Union finds, in a procedure under Article 258 of the Treaty, that a Member State has failed to fulfil its obligations under the Treaties due to the fact that a contracting entity belonging to that Member State has awarded the contract in question without complying with its obligations under the Treaties and this Directive.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 86 – paragraph 1

1. Member States shall put in place ~~appropriate procedur~~rules for the award of contracts subject to this Chapter, ~~ensuring full compliance with the~~taking into account principles of transparency and equal treatment of economic operators ~~and allowing contracting entities to take into account~~. The rules shall take into consideration the specificities of the services in question.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 93

Article 93 Public oversight 1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter "the oversight body"). Member States shall inform the Commission of their designation. All contracting entities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities or fostering innovation; (c) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting entities and in particular by central purchasing bodies; (b) providing legal advice to contracting entities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and applying comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting entities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of directive 92/13/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting entities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where the contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 5. The investigation and enforcement activities carried out by the oversight body to ensure that contracting entities' decisions comply with this Directive and the general principles of the Treaty on the Functioning of the European Union shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of supply contracts or service contracts; (b) 10 000 000 EUR in the case of works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report mentioned in paragraph 2.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 96

Article 96deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 97 – paragraph 3

3. For the purposes of this Article, Member States shall designate one or more liaison points, the contact details of which shall be communicated to the other Member States, the oversight bodies and the Commission. Member States shall publish and regularly update the list of liaison points. The oversight body shall be in charge of the coordination of such liaison points.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Article 97 – paragraph 4

4. The exchange of information shall take place via the Internal Market Information system established pursuant to Regulation (EU) N° XXX/XXXX of the European Parliament and Council52 [proposal for a Regulation of the European Parliament and Council on the administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) COM(2011)522]. Member States shall supply information requested by other Member States within the shortest possible period of time.deleted

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Annex 2 – paragraph 1 – point e a (new)

(ea) the procedures to allocate railway infrastructure capacity, railway licences or safety certifications in accordance with the Directives 95/18/EC, 2001/14/EC and 2004/49/EC.

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Annex 3 – point D – paragraph 1

Rail ~~Freight~~ transport

2012/09/03
Committee: IMCO

2011/0439(COD)

Proposal for a directive
Annex 3 – point D – paragraph 3

~~Rail passenger transport None~~deleted

2012/09/03
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Recital 2 a (new)

(2a) Internal Market and international markets are increasingly interlinked, therefore EU values, such as transparency, a principled stance against corruption, principle of reciprocity and the advancement of social and human rights should be appropriately promoted in procurement policies.

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Recital 41

(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include optionaly, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 9 – paragraph 1 – point c

(c) a particular procedure of an international organisation, which has its affiliation in the Member State;

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 9 – paragraph 2 a (new)

(2a) In any case, access to parts of the EU's procurement markets for third countries should be based on principle of reciprocity and proportionality.

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 39 – paragraph 1 – subparagraph 2

For this purpose, contracting authorities may seek or accept advice from administrative support structures or from independent third parties or market participants, provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non- discrimination and transparency.

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1

PWith a view to maximizing competition and access of SMEs to public procurement, public contracts may be subdivided into ~~homogenous or heterogeneous~~ lots. For contracts with a value equal to or greater than ~~the thresholds provided for in Article 4 but not less than~~ EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons.

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 1 – subparagraph 2

CWhere the contracting authorit~~ies~~y limits the possibility to tender to one or more lots it shall indicate it, in the contract notice or, in the invitation to confirm interest~~, whether tenders are limited to one or more lots only~~ or in the procurement documents.

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 3

3. Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots. Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract. Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – introductory part

1. Contracting authorities shall require economic operators to explain the price or costs charged, ~~where all~~if at least one of the following conditions are fulfilled:

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point a

(a) the price or cost ~~charged~~indicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point a a (new)

(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point b

(b) the price or cost ~~charged is more than 20~~indicated in a tender is at least 15 % lower than the price or costs of the second lowest tender;

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point c

~~(c) at least five tenders have been submit~~deleted.

2012/08/29
Committee: INTA

2011/0438(COD)

Proposal for a directive
Recital 40

(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as development, ~~production,~~ use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; adopted in close consultation with stakeholders, including industry; whenever such a methodology is developed its use should be made compulsory.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Recital 41

(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Recital 50

(50) Member States should designate a single national authority in charge of monitoring, implementation and control of public procurement. Such a central body should have first-hand and timely information, particularly in relation to different problems affecting the implementation of public procurement law. It should be able to provide immediate feedback on the functioning of the policy and the potential weaknesses in national legislation and practice and contribute to the quick identification of solutions. In view of efficiently fighting corruption and fraud, this central body and the general public should also have the possibility to inspect the texts of concluded contracts. High-value contracts should hence be transmitted to the oversight body with a possibility of interested persons to have access to these documents, to the extent that legitimate public or private interests are not jeopardized.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1

2. Procurement within the meaning of this Directive is the purchase ~~or other forms of acquisition~~ of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities~~, whether or not the works, supplies or services are intended for a public purpose~~. Procurement within the meaning of this Directive is the acquisition of works, supplies or services by means of public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2

An entirety of works, supplies and/or services, even if purchased through different contracts, constitutes a single procurement within the meaning of this Directive, if the contracts are part of one single project.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2 a (new)

This Directive is without prejudice to the right of public authorities at all levels to decide whether, how and to what extent they want to perform public functions themselves pursuant to Protocol No 26 of the Treaty. Public authorities may perform public interest tasks using their own resources, without being obliged to call on external economic operators. They may do so in cooperation with other public authorities without this relationship necessarily taking the form of a public procurement contract.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 22

(22) ‘'life cycle’' means all consecutive and/or interlinked stages, including ~~production~~research, development, transport, use and maintenance, throughout the existence of a product or a works or the provision of a service, fpro~~m raw material acquisition or generation of resources to disposal, clearance an~~vided data in relation to these are measurable and can be collated fin~~alisation~~ a meaningful manner.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 4 – paragraph 1 – point d

(d) EUR 51 000 000 for public contracts for social and other specific services listed in Annex XVI.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 10 – paragraph 1 – point c

c) arbitration and conciliation services, or the actions of a public official who is obliged to be independent and impartial;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b

(b) ~~at least 90 %~~the essential part of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b

(b) ~~at least 90 %~~the essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2

The notion of conflict of interests shall ~~at least~~ cover any situation where the categories of persons referred to in paragraph 2 have, directly or indirectly, a private interest in the outcome of the procurement procedure, which may be perceived to impair the impartial and objective performance of their duties.

2012/07/12
Committee: IMCO

2011/0438(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 21 – paragraph 3 – subparagraph 3

Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 84 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers. Where the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedure.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a

(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the ~~national oversight body designated according to Article 84~~competent national body where they so request.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point b

(b) whe~~re the aim of the procurement is the creation or obtention of a work of art~~n for artistic reasons the contract may be awarded only to a particular economic operator;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point d

(d) insofar as is strictly necessary where, for reasons of extreme urgency ~~brought about by force majeure~~, the time limits for the open, restricted or competitive procedures with negotiation cannot be complied with; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 35 – paragraph 1

1. CMember States may stipulate that contracting authorities may purchase works, supplies and/or services from or through a central purchasing body.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 35 – paragraph 2

2. Member States ~~shall~~may also provide for the possibility for contracting authorities to have recourse to centralised purchasing activities offered by central purchasing bodies established in another Member State.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 1

1. Without prejudice to Article 11, ~~contracting authorities from different~~Member States may stipulate that contracting authorities may award public contracts jointly with contracting authorities from other Member States ~~may~~if: (a) jointly award of public contract~~s by using one of the means described in this Article.~~ is justified due to cross-border nature of the contract or; (b) public contract is co-financed by contracting authorities from different Member States or; (c) public contract is of innovative nature

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 2

2. Several contracting authorities may purchase works, supplies and/or services from or through a central purchasing body located in another Member State. In that case, the procurement procedure shall be conducted in accordance with the national provisions of the Member State where the central purchasing body is located.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 3 – subparagraph 1 – introductory part

~~Several contracting authorities from different Member States may jointly award a public contract. In that case~~In the case referred to in the paragraph 1, the participating contracting authorities shall conclude an agreement that determines:

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 5

5. In the absence of an agreement determining the applicable public procurement law, the national legislation governing the contract award shall be determined following the rules set out below: (a) where the procedure is conducted or managed by one participating contracting authority on behalf of the others, the national provisions of the Member State of that contracting authority shall apply; (b) where the procedure is not conducted or managed by one participating contracting authority on behalf of the others, and (i) concerns a works contract, contracting authorities shall apply the national provisions of the Member State where most of the works are located; (ii) concerns a service or supply contract, contracting authorities shall apply the national provisions of the Member State where the major part of the services or supplies is provided; (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b), contracting authorities shall apply the national provisions of the Member State of the contracting authority which bears the biggest share of the costs.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 5 a (new)

5 a. Several contracting authorities from different Member States may purchase works, supplies and/or services from or through a central purchasing body located in another Member State, if those Member States provided for the possibility referred to in Article 35 paragraph 2 and all the conditions referred to in the paragraph 1 are fulfilled. In that case, parties shall conclude an agreement that determines which national provisions shall apply to the procurement procedure.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 6

6. In the absence of an agreement determining the applicable public procurement law under paragraph 4, the national legislation governing procurement procedures conducted by joint legal entities set up by several contracting authorities from different Member States shall be determined following the following rules: (a) where the procedure is conducted or managed by the competent organ of the joint legal entity, the national provisions of the Member State where the legal entity has its registered office shall apply. (b) where the procedure is conducted or managed by a member of the legal entity on behalf of that legal entity, the rules set out in points (a) and (b) of paragraph 5 shall apply. (c) where it is not possible to determine the applicable national law pursuant to points (a) or (b) of paragraph 5, the contracting authorities shall apply the national provisions of the Member State where the legal entity has its registered office.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 38 – paragraph 7

7. OMember States may stipulate that one or more contracting authorities may award individual contracts under a framework agreement concluded by or jointly with a contracting authority located in another Member State, provided that the framework agreement contains specific provisions enabling the respective contracting authority or contracting authorities to award the individual contracts.

2012/07/12
Committee: IMCO

2011/0438(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN

Proposal for a directive
Article 38 – paragraph 9

9. In order to enable the effective operation of review mechanisms, Member States shall ensure that the decisions of review bodies within the meaning of Council Directive 89/665/EEC33 located in other Member States are fully executed in their domestic legal order, where such decisions involve contracting authorities established on their territory participating in the relevant cross-border public procurement procedure.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1

Public contracts may be subdivided into ~~homogenous or heterogeneous lots. For~~lots. For supply and services contracts with a value equal to or greater than ~~the thresholds provided for in Article 4 but not less~~EUR 500 000 and for works contracts with a value equal to or greater than EUR 510 000 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall ~~provide~~state that in the contract notice or in the invitation to confirm interest ~~a specific explanation of its reasons~~.

2012/07/12
Committee: IMCO

2011/0438(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Herbert DORFMANN

Proposal for a directive
Article 44 – paragraph 1 – subparagraph 2

CWhere the contracting authorit~~ies~~y limits the possibility to tender to one or more lots it shall indicate, it in the contract notice or, in the invitation to confirm interest~~, whether tenders are limited to one or more lots only~~ or in the procurement documents.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 3 – subparagraph 1

~~Where more than one lot may be awarded to the same tenderer, contracting authorities may provide that they will either award a contract per lot or one or more contracts covering several or all lots.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 3 – subparagraph 2

~~Contracting authorities shall specify in the procurement documents whether they reserve the right to make such a choice and, if so, which lots may be grouped together under one contract.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 44 – paragraph 3 – subparagraph 3

Contracting authorities shall first determine the tenders fulfilling best the award criteria set out pursuant to Article 66 for each individual lot. They may award a contract for more than one lot to a tenderer that is not ranked first in respect of all individual lots covered by this contract, provided that the award criteria set out pursuant to Article 66 are better fulfilled with regard to all the lots covered by that contract. Contracting authorities shall specify the methods they intend to use for such comparison in the procurement documents. Such methods shall be transparent, objective and non- discriminatory.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 54 – paragraph 2

2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where ~~they have~~it has been established that the tender does not comply, ~~at least in an equivalent manner,~~ with obligations established by Union or national legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XI.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c

~~(c) where the contracting authority can demonstrate by any means that the economic operator is guilty of other grave professional misconduct;~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point c a (new)

(ca) where the contracting authority can demonstrate by any means that the economic operator is guilty of grave professional misconduct other than indicated in point (a), for instance where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point d

(d) where the economic operator has shown significant or persistent deficiencies in the performance of any substantive requirement under a prior contract or contracts of a similar nature with the same contracting authority.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 4 – subparagraph 1

1. Any candidate or tenderer that is in one of the situations referred to in paragraphs 1, 2 and 3 may provide the contracting authority with evidence demonstrating its reliability despite the existence of the relevant ground for exclusion.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 55 – paragraph 4 – subparagraph 2

For this purpose, the candidate or tenderer shall prove that it has compensated any damage caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities and taken concrete technical, organisational and personal measures that are appropriate to prevent further criminal offences or misconduct. Contracting authorities shall evaluate the measures taken by the candidates and tenderers taking into account the gravity and particular circumstances of the criminal offence or misconduct. Where the contracting authority considers the measures to be insufficient, it shall state the reasons for its decision.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 57 – paragraph 3 – subparagraph 2

Candidates and tenderers shall not be required to re-submit a certificate or other documentary evidence that has already been submitted to the same contracting authority within the past four years in an earlier procedure and is still valid.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 59

Article 59 European Procurement Passport 1. National authorities shall issue, at the request of an economic operator established in the relevant Member State and fulfilling the necessary conditions, a European Procurement Passport. The European Procurement Passport shall contain the particulars set out in Annex XIII and shall be drawn up on the basis of a standard form. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 in order to modify Annex XIII due to technical progress or for administrative reasons. It shall also establish the standard form for the European Procurement Passport. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 91. 2. At the latest 2 years after the date provided for in Article 92(1), the passport shall be provided exclusively in electronic form. 3. The authority issuing the passport shall seek the relevant information directly from the competent authorities, except where prohibited by national rules on the protection of personal data. 4. The European Procurement Passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification. Such justification may be related to the fact that the passport was issued more than six months earlier. 5. Member States shall make available to other Member States, upon request, any information relating to the authenticity and content of the European Procurement Passport. The competent authorities of the Member State of establishment shall provide this information in accordance with Article 88.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – introductory part

1. Without prejudice to national laws, regulations or administrative provisions concerning the remuneration of certain services, the criteriaon on which contracting authorities shall base the award of public contracts shall be ~~one of the following:~~the most economically advantageous tender.

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a

~~(a) the most economically advantageous tender;~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b

~~(b) the lowest cost.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2

Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost-effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – introductory part

2. The most economically advantageous tender referred to in ~~point (a) of~~ paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs ~~referred to in point (b) of paragraph 1~~, other criteria linked to the subject-matter of the public contract in question~~, such as~~. Costs shall be assessed using a cost- effectiveness approach, such as a life- cycle costing approach, under the conditions set out in Article 67. Price shall be the decisive award criterion in the case of highly standardised products and services. Other criteria may include:

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 2 – point a

(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics and innovative ~~character~~aspects, after-sales service and technical assistance, delivery conditions (delivery date, delivery process and delivery period or period of completion);

2012/07/12
Committee: IMCO

2011/0438(COD)

Frank ENGEL, Philippe JUVIN, Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK

Proposal for a directive
Article 66 – paragraph 2 – point b

(b) ~~for service contracts and contracts involving the design of works, the~~ wherever the quality of the staff is of crucial importance for the performance of the contract ,organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that , following the award of the contract, such staff may only be replaced with the consent of the contracting authority~~, which must verify that replacements ensure equivalent organisation and quality~~;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 66 – paragraph 3

~~3. Member States may provide that the award of certain types of contracts shall be based on the most economically advantageous tender as referred to in point (a) of paragraph 1 and in paragraph 2.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – point a

(a) internal costs, including costs relating to acquisition, ~~such as production costs,~~costs of use, such as energy consumption and use of other resources, maintenance costs, and end of life, such as collection and recycling costs and

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 1 – point b

(b) external environmental costs directly linked to the life cycle of the product, provided their monetary value can be determined and verified~~, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs~~.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a

(a) it has been drawn up ~~on the basis~~in close consultation with stakeholders, including industry and is based ofn scientific information or is based on other objectively verifiable and non- discriminatory criteria;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) the data required can be provided with reasonable effort by normally diligent economic operators,

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1

3. Whenever a common methodology for the calculation of life-cycle costs ~~is adopted as part of a legislative act of the Union, including~~covering among others environmental externalities has been made mandatory by dea leg~~ated acts pursuant to sector specific legislat~~islative act of the Union, it shall be applied where life-cycle costing is included in the award criteria referred to in Article 66(1).

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 67 – paragraph 3 – subparagraph 2

A list of such legislative ~~and delegated~~ acts is set out in Annex XV. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 concerning the update of this list, when on the basis of the adoption of new legislation, repeal or modification of such legislation, such amendments prove necessary.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – introductory part

1. Contracting authorities shall require economic operators to explain the price or costs charged, ~~where all~~if at least one of the following conditions are fulfilled:

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point a

(a) the price or cost ~~charged~~indicated in a tender is more than 50 % lower than the average price or costs of the remaining tenders

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point a a (new)

(aa) the price or cost indicated in a tender is at least 40 % lower than the price or cost estimated with due diligence, by a contracting authority, taking into consideration due taxes;

2012/07/12
Committee: IMCO

2011/0438(COD)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 69 – paragraph 1 – point b

(b) the price or cost ~~charged is more than~~indicated in a tender is at least 20 % lower than the price or costs of the second lowest tender;

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 1 – point c

~~(c) at least five tenders have been submit~~deleted.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 2

2. ~~Where tenders appear to be abnormally low for other reasons, contracting authorities may also request such explanations~~Contracting authorities may also request explanations concerning price or costs indicated in a tender when other conditions, than those indicated in paragraph 1, are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority, and the probability that the price or cost is abnormally low is very high.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 4 – subparagraph 1

4. The contracting authority shall verify the information provided by consulting the tenderer. ~~It may only reject the tender where the evidence does not justify the low level of price or costs charged, taking into account the elements referred to in paragraph 3.~~

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2

Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product, providing services or carrying out works which are subject matter of the public contract, taking into consideration economic conditions, and in particular if it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XI.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 71 – paragraph 2 a (new)

2a. Member States may decide that the contracting authority may exclude a subcontractor indicated by the tender if: (i) subcontractor does not fulfil criteria for selection envisaged for a tender (ii) subcontractor is not capable to properly fulfil its part of the contract Terms of participation in a procedure and capacity of a subcontractor to properly fulfil its part of the contract are assessed proportionally to the part of the contract awarded to the subcontractor, on the basis of criteria for qualitative selection indicated in Articles 55 and 56

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 76 – paragraph 1

1. Member States shall put in place ~~appropriate procedur~~rules for the award of contracts subject to this Chapter, ~~ensuring full compliance with the~~taking into account principles of transparency and equal treatment of economic operators ~~and allowing contracting authorities to take into account~~. The rules shall take into consideration the specificities of the services in question.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 84

Article 84 Public oversight 1. Member States shall appoint a single independent body responsible for the oversight and coordination of implementation activities (hereinafter 'the oversight body'). Member States shall inform the Commission of their designation. All contracting authorities shall be subject to such oversight. 2. The competent authorities involved in the implementation activities shall be organised in such a manner that conflicts of interests are avoided. The system of public oversight shall be transparent. For this purpose, all guidance and opinion documents and an annual report illustrating the implementation and application of rules laid down in this Directive shall be published. The annual report shall include the following: (a) an indication of the success rate of small and medium-sized enterprises (SMEs) in public procurement; where the percentage is lower than 50 % in terms of values of contracts awarded to SMEs, the report shall provide an analysis of the reasons therefore; (b) a global overview of the implementation of sustainable procurement policies, including on procedures taking into account considerations linked to the protection of the environment, social inclusion including accessibility for persons with disabilities, or fostering innovation; (c) information on the monitoring and follow-up of breaches to procurement rules affecting the budget of the Union in accordance with paragraphs 3 to 5 of the present article; (d) centralized data about reported cases of fraud, corruption, conflict of interests and other serious irregularities in the field of public procurement, including those affecting projects cofinanced by the budget of the Union. 3. The oversight body shall be responsible for the following tasks: (a) monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies; (b) providing legal advice to contracting authorities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases; (c) issuing own-initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules, on recurring questions and on systemic difficulties related to the application of public procurement rules, in the light of the provisions of this Directive and of the relevant case-law of the Court of Justice of the European Union; (d) establishing and applying comprehensive, actionable 'red flag' indicator systems to prevent, detect and adequately report instances of procurement fraud, corruption, conflict of interest and other serious irregularities; (e) drawing the attention of the national competent institutions, including auditing authorities, to specific violations detected and to systemic problems; (f) examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities, which shall have the obligation to take it into account in their decisions or, where the analysis is not followed, to explain the reasons for disregarding it; (g) monitoring the decisions taken by national courts and authorities following a ruling given by the Court of Justice of the European Union on the basis of Article 267 of the Treaty or findings of the European Court of Auditors establishing violations of Union public procurement rules related to projects cofinanced by the Union; the oversight body shall report to the European Anti-Fraud Office any infringement to Union procurement procedures where these were related to contracts directly or indirectly funded by the European Union. The tasks referred to in point (e) shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of Directive 89/665/EEC. Member States shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities' decisions where it has detected a violation in the course of its monitoring and legal advising activity. 4. Without prejudice to the general procedures and working methods established by the Commission for its communications and contacts with Member States, the oversight body shall act as a specific contact point for the Commission when it monitors the application of Union law and the implementation of the budget from the Union on the basis of Article 17 of the Treaty on the European Union and Article 317 of the Treaty on the Functioning of the European Union. It shall report to the Commission any violation of this Directive in procurement procedures for the award of contracts directly or indirectly funded by the Union. The Commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out. It may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which Member States are committed in order to remedy a violation of Union public procurement rules and principles identified by the Commission. The Commission may require the oversight body to analyse alleged breaches to Union public procurement rules affecting projects co-financed by the budget of the Union. The Commission may entrust the oversight body to follow- up certain cases and to ensure that the appropriate consequences of breaches to Union public procurement rules affecting projects co-financed are taken by the competent national authorities which will be obliged to follow its instructions. 5. The investigation and enforcement activities carried out by the oversight body to ensure that contracting authorities’ decisions comply with this Directive and the principles of the Treaty shall not replace or prejudge the institutional role of the Commission as guardian of the Treaty. When the Commission decides to refer the treatment of an individual case pursuant to paragraph 4, it shall also retain the right to intervene in accordance with the powers conferred to it by the Treaty. 6. Contracting authorities shall transmit to the national oversight body the full text of all concluded contracts with a value equal to or greater than (a) 1 000 000 EUR in the case of public supply contracts or public service contracts; (b) 10 000 000 EUR in the case of public works contracts. 7. Without prejudice to the national law concerning access to information, and in accordance with national and EU legislation on data protection, the oversight body shall, upon written request, give unrestricted and full direct access, free of charge, to the concluded contracts referred to in paragraph 6. Access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them. Access to the parts that may be released shall be given within a reasonable delay and no later than 45 days from the date of the request. The applicants filing a request for access to a contract shall not need to show any direct or indirect interest related to that particular contract. The recipient of information should be allowed to make it public. 8. A summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 85 – paragraph 1 – point h

~~(h) where applicable, conflicts of interests detected and subsequent measures taken.~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 85 – paragraph 2

The contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators ~~and internal deliberations~~, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 85 – paragraph 3

The report, or its main elements, shall be communicated to the Commission or to the ~~national oversight~~competent national body where they so request.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 86 – paragraph 1

1. The ~~bodies established or appointed in accordance with Article 84~~competent bodies in Member States shall forward to the Commission an implementation and statistical report on each year, based on a standard form, not later than 31 October of the following year.

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 86 – paragraph 2 – point a

(a) a complete and up-to-date list of all central government authorities, sub- central contracting authorities and bodies governed by public law, including sub- central authorities and associations of contracting authorities awarding public contracts or framework agreements, indicating for each authority the unique identification number where such number is provided for in national legislation; this list shall be grouped by type of authority;deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 86 – paragraph 2 – point b

~~(b) a complete and up-to-date list of all central purchasing bodies;~~deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 86 – paragraph 4

4. Member States shall make available to the Commission information on their institutional organisation related to the implementation, monitoring and enforcement of this Directive, as well as on national initiatives taken to provide guidance on or assist in implementation of Union rules on public procurement, or to respond to challenges confronting the implementation of those rules.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 87

Article 87 Assistance to contracting authorities and businesses 1. Member States shall make available technical support structures in order to provide legal and economic advice, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions. 2. With a view to improving access to public procurement for economic operators, in particular SMEs, and in order to facilitate correct understanding of the provisions of this Directive, Member States shall ensure that appropriate assistance can be obtained, including by electronic means or using existing networks dedicated to business assistance. 3. Specific administrative assistance shall be available to economic operators intending to participate in a procurement procedure in another Member State. Such assistance shall at least cover administrative requirements in the Member State concerned, as well as possible obligations related to electronic procurement. Member States shall ensure that interested economic operators have easy access to appropriate information on the obligations relating to taxes, environmental protection, and to social and labour law obligations, which are in force in the Member State, in the region or locality where the works are to be carried out or the services are to be provided and which will be applicable to the works carried out on site or to the services provided during the performance of the contract. 4. For the purposes of paragraphs 1, 2 and 3, Member States may appoint a single body or several bodies or administrative structures. Member States shall ensure due coordination between those bodies and structures.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 88 – paragraph 3

3. For the purposes of this Article, Member States shall designate one or more liaison points, the contact details of which shall be communicated to the other Member States, the oversight bodies and the Commission. Member States shall publish and regularly update the list of liaison points. The oversight body shall be in charge of the coordination of such liaison points.deleted

2012/07/12
Committee: IMCO

2011/0438(COD)

Proposal for a directive
Article 88 – paragraph 4

4. The exchange of information shall take place via the Internal Market Information system established pursuant to Regulation (EU) N° XXX/XXXX of the European Parliament and Council44 [proposal for a Regulation of the European Parliament and Council on the administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) COM(2011) 522]. Member States shall supply information requested by other Member States within the shortest possible period of time.deleted

2012/07/12
Committee: IMCO

2011/0437(COD)

Proposal for a directive
Recital 16

(16) This Directive does not apply to the concession award carried out by international organisations on their own behalf and for their own account. There is, however, a need to clarify to which extent it is appropriate to apply this Directive to concession award governed by specific international rules. Given that the internal market and international markets are increasingly closely interlinked, public procurement policy should be used as a means of promoting EU principles such as transparency, an uncompromising stance on corruption, the reciprocity rule and progress on social and human rights.

2012/10/02
Committee: INTA

2011/0437(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point d

~~(d) where the concessions are fully financed by an international organisation or international financing institution.~~deleted

2012/10/02
Committee: INTA

2011/0437(COD)

Proposal for a directive
Article 8 – paragraph 3 – subparagraph 3

For the purposes of point (d) of the first subparagraph, where a concession is co- financed for a considerable part by an international organisation or international financing institution the parties decide on applicable concession award procedures which shall be in conformity with the provisions of the Treaty on the Functioning of the European Union.deleted

2012/10/02
Committee: INTA

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b

(b) ~~at least 90%~~the essential part of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity;

2012/10/02
Committee: INTA

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b

(b) ~~at least 90%~~the essential part of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity;

2012/10/02
Committee: INTA

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 4 – point c

(c) the participating contracting authorities or entities shall do not perform on the open market more than 10% in terms of turnover of the activities which are relevant in the context of the agreement;deleted

2012/10/02
Committee: INTA

2011/0437(COD)

Proposal for a directive
Article 38 – paragraph 2

2. The time limit for receipt of ~~tenders~~applications for the concession may be reduced by five days where the contracting entity accepts that ~~tender~~such applications may be submitted by electronic means in conformity with Article 25.

2012/10/02
Committee: INTA

2011/0437(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1

The ~~right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph~~award of a concession shall impliy the transfer to the concessionaire of the substantial operating risk. The concessionaire shall be deemed to assume the substantial operating risk where it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession.

2012/10/23
Committee: IMCO

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b

(b) ~~at least 90%~~the bulk of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity

2012/10/23
Committee: IMCO

2011/0437(COD)

Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b

(b) ~~at least 90%~~the bulk of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity;

2012/10/23
Committee: IMCO

2011/0437(COD)

Małgorzata HANDZLIK, Andreas SCHWAB

Proposal for a directive
Article 41 – paragraph 2 a (new)

2a. Member States may provide for the grantor to reject a subcontractor proposed by an economic operator in the event of: (i) the subcontractor failing to meet the conditions for participation in the procedure envisaged for the economic operator performing the contract; (ii) the subcontractor not having the capacities to perform part of the contract properly. The conditions for participation in the procedure and the capacities of the subcontractor to perform the contract shall be assessed in proportion to the part of the contract performed, on the basis of the selection criteria laid down in Article 36.

2012/10/23
Committee: IMCO

Proposal for a directive
Article 1 – paragraph 1 – point 48

Directive 2005/36/EC
Article 59 – paragraph 1

1. Member States shall notify to the Commission a list of existing regulated professions according to their national law by [insert date – end of transposition period]. Any change to this list of regulated professions shall also be notified to the Commission without delay. The Commission shall set up and maintain a publicly available database ~~for such informat~~of regulated professions, including general description of activities covered by each profession.

2012/10/23
Committee: IMCO

2011/0374(COD)

Proposal for a regulation
Recital 8

(8) This Regulation should apply to the out-of-court resolution of disputes concerning contractual ~~dispute~~obligations between consumers ~~and traders that arise from the online sale of goods or provision of services by traders across borders~~resident in the Union and traders established in the Union stemming from the online sale of goods or provision of services, which are covered by Directive..../.... EU [Office of Publications please insert number of Directive of the European Parliament and the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/ED (Directive on consumer ADR)]. This should include disputes arising from the sale or provision of digital content for remuneration. Although consumers and traders carrying out cross-border online transactions, in particular, will benefit from such an online dispute resolution mechanism, this Regulation should also apply to domestic online transactions in order to allow for a true level playing field in the area of electronic commerce. It should not apply to disputes between consumers and traders that arise from the online sale of goods or provision of services if at least one of them is not established or resident in a Member State of the Union at the time when the consumer orders such goods or services ~~or the trader and the consumer are established or resident in the same Member State~~.

2012/05/31
Committee: IMCO

2011/0374(COD)

Proposal for a regulation
Recital 14 b (new)

(14b) The Commission should provide the technical facilities for the functioning of the platform, including translation functions. The tool should offer an electronic translation functionality to the parties and the ADR entity. This functionality should deal with all necessary translations and will be supported by translators. The Commission should also, on the ODR platform, provide information for consumers about the possibility of requesting assistance from the consumer advisors. However, consumers should be encouraged to contact the trader first and thus directly seek an amicable solution of the dispute before they submit a complaint to the ODR platform.

2012/05/31
Committee: IMCO

2011/0302(COD)

Proposal for a regulation
Recital 13

(13) Experience with the current financial framework shows that many Member States, which are eligible to the Cohesion Fund, are facing significant obstacles in delivering on time complex cross-border transport infrastructure projects with a high Union added value. Therefore, in order to improve the delivery of transport projects, in particular cross-border ones, with a high Union added value, part of the Cohesion Fund allocation (EUR 10 billion) should be transferred to finance transport projects on the transport core network in the Member States eligible to the Cohesion Fund ~~under the Connecting Europe Facility~~respecting national allocations for the projects listed in the Annex of this Regulation. The Commission should support Member States eligible to the Cohesion Fund to develop an adequate pipeline of projects in order to give greatest possible priority to the national allocations under the Cohesion Fund.

2012/09/20
Committee: REGI

2011/0302(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a

(a) transport: EUR 31 694 000 000, out of which EUR 10 000 000 000 shall be transferred from the Cohesion Fund to be spent ~~in line with this Regulation in Member States eligible for funding from the Cohesion Fund~~for projects listed in the Annex to this Regulation, respecting the national allocations;

2012/09/20
Committee: REGI

2011/0294(COD)

Proposal for a regulation
Recital 10

(10) The comprehensive network should be a European-wide transport network ensuring the accessibility of all regions in the Union, including the remote and outermost regions, as also pursued by the Integrated Maritime Policy, and strengthening cohesion between them. The guidelines should set the requirements for the infrastructure of the comprehensive network, and efforts should be made in order to achieve a high-quality network throughout the Union by 2050.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Recital 11

(11) The core network should be identified and ~~imple~~appropriate measures should be taken for its developmented as a priority within the framework provided by the comprehensive network by 2030. It should constitute the backbone of the development of a multi- modal transport network and stimulate the development of the entire comprehensive network. It should enable Union action to concentrate on those components of the trans-European transport network with the highest European added value, in particular cross-border sections, missing links, multi- modal connecting points and major bottlenecks.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Recital 12

(12) In order to establish the core and the comprehensive network in a coordinated and timely manner, allowing thereby maximising the network benefits, Member States concerned should ensure that appropriate measures are taken in order to finalise the projects of common interest ~~are finalised~~ by 2030 and 2050 respectively.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Recital 27

(27) Core network corridors ~~should~~might also address wider transport policy objectives ~~and~~to facilitate modal integration and multi- modal operations. This should allow specially developed corridors that are optimised in terms of energy use and emissions, thus minimising environmental impacts, and are also attractive for their reliability, limited congestion and low operating and administrative costs. An initial list of corridors should be included in the Regulation (EU) XXX/2012 [Connecting Europe Facility], but should be adaptable in order to take account of changes in traffic floweir management should not result in excessive growth of administrative costs.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Recital 28

(28) Designing the right governance structure and identifying the sources of financing for complex cross-border projects would be eased by creating corridor platforms for such core network corridors. European Coordinators should facilitate the coordinated implementation of the core network corridors.deleted

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 1 – paragraph 4

4. The guidelines provide for measures for the implementation of the trans-European network, while recognising that the implementation of projects depends on their degree of maturity and the availability of financial resources, and not prejudging the financial commitment of a Member State or the Union.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 9 – paragraph 3

3. ~~The Member States shall ensure that~~Efforts shall be made to complete the comprehensive network ~~is completed and fully~~and compl~~ies~~y with the relevant provisions of this Chapter by 31 December 2050 ~~at the latest~~.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 17 – paragraph 3 – point a

(a) rivers, canals and lakes comply with the minimum requirements for class IVII waterways as laid down in the European Agreement on Main Inland Waterways of International Importance (AGN) on the new classification of inland waterways and ensure continuous bridge clearance.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 18 – paragraph 1 – introductory part

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) for existing inland waterways: implementing measures necessary to reach the standards of the inland waterways class IVII;

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 18 – paragraph 1 – point b

(b) where appropriate, achieving higher standards than inland waterways class IVII, to meet market demands;

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 22 – paragraph 1 – introductory part

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 27 – paragraph 1 – introductory part

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 31 – paragraph 1 – introductory part

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 35 – paragraph 1 – introductory part

Member States and other project promoters, when promoting projects of common interest and in addition to the priorities set out in Article 10, shall give particular consideration to the following aspects, having in mind the economic implications:

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 36 – paragraph 1 – introductory part

Member States and other project promoters, when developing the comprehensive network in urban nodes shall, where feasible, aim to ensure:

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 46 – paragraph 3

3. Without prejudice to Article 1(4), 47(2) and (3), ~~the Member States shall ensure the core network is completed and~~appropriate measures shall be taken for the core network to be developed in order to compl~~ies~~y with the provisions of this Chapter by 31 December 2030 at the latest.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 47 – paragraph 2

2. Maritime ports indicated in Part 2 of Annex II shall be connected with the railway and road transport infrastructure of the trans-European transport network by 31 December 2030 ~~at the latest~~, except in duly justified cases.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 47 – paragraph 3

3. The main airports indicated in Part 1b of Annex II shall be connected with the railway and road transport infrastructure of the trans-European transport network by 31 December 2050 ~~at the latest~~. Taking into account potential traffic demand, such airports shall be integrated into the high speed rail network wherever possible.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 49 – paragraph 3 a (new)

3 a. Wherever appropriate, railway freight corridors set up in Regulation (EU) No 913/2010 as well as the European Railway Traffic Management System (ERTMS) corridors should be a part of the core network corridors.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 51 – paragraph 1 a (new)

1 a. Based on the principle of the subsidiarity, the European Coordinator shall be designated only for those core network corridors, which require special assistance of the European Coordinator in order to ensure timely implementation of the corridor.

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 52

Article 52 Governance of core network corridors 1. For each core network corridor, the Member States concerned shall establish a corridor platform responsible for defining the general objectives of the core network corridor and for preparing and supervising the measures referred to in Article 53(1). 2. The corridor platform shall be composed of the representatives of the Member States concerned and, as appropriate, other public and private entities. In any case, the relevant infrastructure managers as defined in Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure shall participate in the corridor platform. 3. The European Coordinator shall chair the corridor platform. 4. The corridor platform may be established as a permanent legal entity, such as a European Economic Interest Group. 5. The establishment of corridor platforms is without prejudice to the principle that the beneficiary of Union financial support has the final responsibility for the implementation of the projects.deleted

2012/07/11
Committee: IMCO

2011/0294(COD)

Proposal for a regulation
Article 55

Article 55 Committee 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.deleted

2012/07/11
Committee: IMCO

2011/0187(COD)

Proposal for a regulation
Article 1 – paragraph 4 – subparagraph 1

The charge limits set out in this Regulation are expressed in euro. Where charges governed by Articles 6, 7, 8, 9, 11 and 12 are denominated in other currencies, the initial limits pursuant to those Articles shall be determined in those currencies by applying the reference exchange rates published on 30 May 2012 by the European Central Bank in the Official Journal of the European Union or by applying the average of the reference exchange rates published by the European Central Bank in the Official Journal of the European Union in the six months prior to the entry into force of this Regulation, depending on which of these initial charge limits after conversion to currencies other than the euro is lower.

2011/12/21
Committee: IMCO

2011/0187(COD)

Proposal for a regulation
Article 6 – paragraph 1

1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,140 per minute as of 1 July 2012.

2011/12/21
Committee: IMCO

2011/0187(COD)

Proposal for a regulation
Article 6 – paragraph 2

2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,109 and EUR 0,06, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.

2011/12/21
Committee: IMCO

2011/0187(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1

The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,1106 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,218 and EUR 0,124 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,105 on 1 July 2013. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.

2011/12/21
Committee: IMCO

2011/0187(COD)

Proposal for a regulation
Article 9 – paragraph 2

2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed ~~EUR 0,10~~EUR 0,07 per SMS message. The regulated maximum retail charge for an SMS message shall decrease to EUR 0,06 and EUR 0,05 on 1 July 2013 and 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016.

2011/12/21
Committee: IMCO

2011/0187(COD)

Proposal for a regulation
Article 11 – paragraph 1

1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,3022, EUR 0,2015 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megabyte of data transmitted for the duration of this Regulation.

2011/12/21
Committee: IMCO

2011/0187(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1

With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,9045 per megabyte. The price ceiling for data used shall decrease to EUR 0,730 and EUR 0,520, per megabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,520, per megabyte used until 30 June 2016.

2011/12/21
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a

(a) ‘international standard’ means a standard adopted by an international standardisation body, and made publicly available;

2012/02/29
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b

(b) ‘European standard’ means a standard adopted by one of the European standardisation bodies that shall be implemented through its publication as an identical national standard and which obliges Members of European standardisation bodies to withdraw any existing and conflicting national standards;

2012/02/29
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d

(d) ‘national standard’ means a standard adopted by a national standardisation body, and made publicly available;

2012/02/29
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3a. During the preparation of a European standard or after its approval, National Standardisation Organisations shall not take any action which could prejudice the harmonisation intended and, in particular, shall not publish in the field in question a new or revised national standard which is not completely in line with any existing European standard. On publication of a new European standard, all conflicting standards shall be withdrawn.

2012/02/29
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. European standardisation bodies shall ~~ensur~~facilitate an appropriate representation of small and medium-sized enterprises (hereinafter ‘SME’), consumer organisations and environmental and social stakeholders, in particular through the organisations referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:

2012/02/29
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 7 – paragraph 1

1. The Commission may request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, take into account the public interest and based on consensus. The European Stakeholders Organisations referred to in Annex III shall be informed accordingly.

2012/02/29
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 7 – paragraph 3

3. The Commission shall inform the relevant European standardisation body, within t~~hree~~wo months following the receipt of the acceptance referred to in paragraph 2, about the award of a grant for drafting a European standard or European standardisation deliverable.

2012/02/29
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 8 – paragraph 1

1. When a Member State considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union legislation, it shall inform the Commission thereof, with detailed justification and evidence to sustain its claim.

2012/02/29
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 11 – paragraph 1 – point d

(d) the activities of the central secretariats of the European standardisation bodies, including policy development, international cooperation and dialogues in the field of standards, the coordination of standardisation activities, the processing of technical work and the provision of information to interested parties;

2012/02/29
Committee: IMCO

2011/0150(COD)

Proposal for a regulation
Article 13 – paragraph 3

3. The Commission, after consulting the European Standardisation Bodies, shall decide on the financing arrangements referred to in paragraphs 1 and 2, on the amounts of the grants and, where necessary, on the maximum percentage of financing by type of activity.

2012/02/29
Committee: IMCO

2011/0137(COD)

Proposal for a regulation
Article 2 – point 7 a (new)

7a. ‘small consignment’ means an individual package weighing up to two kilograms or containing no more than five items;

2012/01/26
Committee: IMCO

2011/0137(COD)

Proposal for a regulation
Article 32 a (new)

Article 32a Report No later than three years after the entry into force of this Regulation, the Commission shall submit a report on its implementation to the European Parliament and the Council. The report shall focus in particular on the preparations made by Member States for implementing this Regulation.

2012/01/26
Committee: IMCO

2011/0137(COD)

Constance LE GRIP, Małgorzata HANDZLIK, Eija-Riitta KORHOLA, Philippe JUVIN

Proposal for a regulation
Article 36 – paragraph 1

Applications for action granted in accordance with Council Regulation (EC) No 1383/2003 shall remain valid for the period specified in the decision granting the application during which the customs authorities are to take action and ~~shall not be extended~~may be extended in accordance with Article 11 of this Regulation. When submitted for the first time, applications for the extension of the period during which the customs authorities may take action shall be supplemented by the information required under Article 6(3).

2012/01/26
Committee: IMCO

2010/2303(INI)

Draft opinion
Paragraph 8 a (new)

8 a. calls upon Member States to put in place specific initiatives to ensure a better representation of women within the boards of directors;

2011/02/09
Committee: IMCO

2010/2289(INI)

Motion for a resolution
Paragraph - 4 a (new)

-4a. Welcomes the fact that Commission is organising the first Single Market Forum in 2011 with the cooperation of the European Parliament and the Polish Presidency; Each year Single Market Forum should monitor the development of the Single Market and, by bringing together representatives of citizens, businesses and consumer organisations as well as representatives of the Member States and the EU institutions and political commitment, assure clear commitment to transposition, application and enforcement of single market legislation. This event should become an important platform of exchanging best practices between stakeholders and of informing citizens on their rights in the single market. In particular, the top 20 concerns, challenges and opportunities for citizens and businesses, identified by the European Commission, should be taken into consideration at this event.

2011/02/15
Committee: IMCO

2010/2289(INI)

Motion for a resolution
Paragraph 12

12. Supports the proposals of the Single Market Act that aim at developing further administrative cooperation between the Member States, including extending the Internal Market Information System to other relevant legislative areas;

2011/02/15
Committee: IMCO

2010/2289(INI)

Motion for a resolution
Paragraph 14

14. ~~Encourages~~Calls on Member States to develop points of single contact under the Services Directive into ~~true one-stop-shop~~comprehensive e- Government portals where businesses can easily obtain all the necessary information ~~for their activities~~, including information on the applicable taxation regime, labour law and social security registration and where the completion of procedures and formalities by electronic means through PSCs is genuinely made available to its users;

2011/02/15
Committee: IMCO

2010/2289(INI)

Motion for a resolution
Paragraph 20 a (new)

20a. Welcomes the Commission's ongoing work to further reinforce SOLVIT. Calls on the Member States to step up their investment in the SOLVIT network.

2011/02/15
Committee: IMCO

2010/2289(INI)

Motion for a resolution
Paragraph 24

24. Su~~gges~~pports th~~at the President of the European Council should be given the mandate to~~e European Commission in taking lead in the relaunch of the Single Market by providing an overall coordinateion and supervis~~e t~~ion whe re~~launch of the Single Market~~ possible, in a close cooperation with the Member States and the European Parliament; urges the Presidents of the Commission; and of the European Council to coordinate closely their respective actions that are to boost economic growth and competitiveness of the Union.

2011/02/15
Committee: IMCO

2010/2289(INI)

Motion for a resolution
Paragraph 25

25. ~~Asks that each spring session of the European Council should be devoted to assessing the state of the Single Market, backed by a monitoring process through which to assess the performance of interim t~~Calls on the Commission to organise the Single Market Forum on a yearly basis in order to improve the governance and partnership in the Single Market. Calls the European Council to devote its first session after the Single Market Forum to assess the state of the Single Margkets; recommends that the Competitiveness Council takes on greater responsibility for examining Single Market issues across the full range of Single Market policies;

2011/02/15
Committee: IMCO

2010/2278(INI)

Constance LE GRIP, Damien ABAD, Małgorzata HANDZLIK, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Citation 26

– having regard to the report of the European Economic and Social Committee, Section for the Single Market, Production and Consumption, on ‘Obstacles to the European Single Market 2008’12 , __________________ 12. http://www.eesc.europa.eu/smo/news/Obst acles_December-2008.pdf.deleted

2011/02/10
Committee: IMCO

2010/2278(INI)

Motion for a resolution
Recital A

A. whereas the Single Market is one of the main drivers of European growth and should be a real economic pillar of the EU by overcoming economic and competitiveness divergences, distortions and the uneven treatment of European enterprises and citizenscompletion of the Single Market is a necessary condition to enable the European Union to reach its full potential for economic growth and strengthen its highly competitive social market economy,

2011/02/10
Committee: IMCO

2010/2278(INI)

Constance LE GRIP, Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Recital B

B. whereas the Single Market is not only a~~n institutional structure, facing economic, financial and social challenges~~ legal framework, but also a way of protecting specific fundamental rights of citizens, consumers, workers ~~and small businesses (~~, entrepreneurs and businesses, in particular SMEs),

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Recital C

C. whereas too many obstacles stand in the way of citizens and SMEs wishing to move, work, shop, sell or trade across borders~~, and a lack of port~~; whereas they are caused by insufficiently harmonised national legislations, low transferability inof social security rights~~, corporatism and red tape reduce the free movement of workers, service providers and professionals~~ as well as excessive red tape; whereas they end up impeding upon the free movement of people, goods, services and capital within the Union,

2011/02/10
Committee: IMCO

2010/2278(INI)

Constance LE GRIP, Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Recital D

D. whereas the ~~lack of a holistic vision for other horiz~~Mario Monti report showed that a holistic vision supposes that many policies, traditiontal ~~policies,~~ly not regarded as being linked to the Single Market - such as health, social and consumer protection, labour law, ~~the~~ environment and sustainable development, - ha~~mpers the Single Market enlargement~~ve to be integrated into the Single Market strategic objective in order to reach a high level of integration,

2011/02/10
Committee: IMCO

2010/2278(INI)

Constance LE GRIP, Damien ABAD, Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Subheading 1

I. ~~Core objectives~~Introduction

2011/02/10
Committee: IMCO

2010/2278(INI)

Motion for a resolution
Paragraph 2

2. Considers that efforts to ~~achiev~~complete the Single Market need to concentrate on the concerns and rights of citizens, consumers and SMEs in order to ~~overcome the current ‘European fatigue’~~regain their full confidence in the Single Market;

2011/02/10
Committee: IMCO

2010/2278(INI)

Damien ABAD, Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 3

3. Points out that the confidence of citizens and consumers ~~cannot be taken for granted but needs to be nurtured~~is crucial for the functioning of the Single Market;

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 4

4. Considers that the Communication’s proposals are ~~still too weak to put citizens at the heart of the Single Market, and the proliferating number of EU initiatives without clear prioritisation creates a need for consistency~~generally in line with the European Parliament’s expectations but needs to be refocused to put citizens at the heart of the Single Market; Regrets that the Single Market Act Communication has been divided into 3 chapters separating Europeans, businesses and ~~good~~ governance ~~to ensure the coherence of European integration measur~~, instead of according to subject-matter lines;

2011/02/10
Committee: IMCO

2010/2278(INI)

Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 5

5. Highlights the priorities set out in the 19 proposals in accordance with five criteria – basic social rights, consumer rights, free movement of workers, free movement of goods and socially oriented corporate institutions – to provideConsiders that 19 actions proposed by the Commission should be prioritised according to their impact on job creation and their delivery of tangible benefits ~~for~~to European citizens and ~~enterpri~~businesses in a freasionable period of time;

2011/02/10
Committee: IMCO

2010/2278(INI)

Constance LE GRIP, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

Motion for a resolution
Subheading 2

II. ~~Common principles and values~~General Assessment

2011/02/10
Committee: IMCO

2010/2278(INI)

Motion for a resolution
Paragraph 6

6. Insists on the need to insert a ‘horizontal social clause’ in all Single Market legislation so that policy is developed centring on citizens’ basic social rights: (a) the right to take collective action, (b) workers’ rights and labour law, and (c) employment protection, anticipating the planning of industrial restructuring in accordance with Article 9 of the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights;deleted

2011/02/10
Committee: IMCO

2010/2278(INI)

Andreas SCHWAB, Constance LE GRIP, Damien ABAD, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 6 a (new)

6a. Calls on the Commission to concentrate on the issue of the mobility of citizens. In this context welcomes the Commission’s initiatives on the recognition of professional qualifications, on the ‘Youth on the Move’ initiative, the ‘European Skills Passport’, the rights of air passengers and the initiative on access to certain basic banking services. Considers that those proposals aimed at improving the mobility of citizens should be seen as a package and calls for the establishment of ‘a mobility scoreboard’ to measure it; (before par 6)

2011/02/10
Committee: IMCO

2010/2278(INI)

Damien ABAD, Małgorzata HANDZLIK, Andreas SCHWAB, Rafał TRZASKOWSKI, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 6 b (new)

6b. Notes that issues related to product safety and market surveillance are of the utmost importance to European citizens. Therefore welcomes the Commission’s multiannual action plan for the development of European market surveillance;

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 7 – introductory part

7. Reaffirms the importance of each of the following proposals’ impact on the lives of European citizens: 7.1 application of the horizontal social clause to all measures as a common priority; 7.2. revision of the Posting of Workers Directive; 7.3. a framework directive on services of general economic interest; 7.4. a new regulation on the recognition of professional qualifications, on improving human resources mobility, and on providing equal access and opportunities for citizens; 7.5. immediate action on a single mortgage market, to help the recovery of the housing market and European citizens’ confidence in the relevant financial instruments; 7.6. an appropriate EU-financed trans- European transport and energy network, as a form of social and territorial inclusion for European citizens and economies; 7.7. effective regulation of market surveillance and product safety, to reinforce consumer protection;deleted

2011/02/10
Committee: IMCO

2010/2278(INI)

Andreas SCHWAB, Damien ABAD, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 8

8. ~~Calls upon the~~Urges Member States and the Commission to ~~promote communication with citizens to ensure their right~~join forces to communicate the Single Market to citizens to ensure that its benefits are recognised and that their rights as consumers are widely understood and enforced;

2011/02/10
Committee: IMCO

2010/2278(INI)

Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS

Motion for a resolution
Paragraph 8 a (new)

8a. Calls on the Commission to revise the rules and adapt the practices on public consultations and take necessary measures in order to attract more citizens to participate in the policy-making process;

2011/02/10
Committee: IMCO

2010/2278(INI)

Andreas SCHWAB, Małgorzata HANDZLIK

Motion for a resolution
Paragraph 8 b (new)

8b. Calls on the Commission to develop user-friendly tools through the Your Europe portal, to enable citizens to provide information to the Commission on barriers they encounter in the Single Market;

2011/02/10
Committee: IMCO

2010/2278(INI)

Constance LE GRIP, Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 9

9. ~~Stress~~Welcomes the ~~need to facil~~Commission’s intention to propose a legislative initiative to reform the system for the recognition of professional qualifications; ~~guarantee the portability of mobile workers’ pension funds; provide training outside the classroom leading to a skills passport; and introduce the ‘youth on the move’ card~~Calls on the Commission to evaluate the acquis and publish a Green Paper by September 2011;

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 9 a (new)

9a. Welcomes the Commission’s proposal for a decision establishing a European Radio Spectrum Action Programme; calls on the Council and the Parliament to reach an agreement, taking into account the interests of businesses and consumers, as soon as possible, in order to help the wireless broadband market grow rapidly;

2011/02/10
Committee: IMCO

2010/2278(INI)

Damien ABAD, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB

Motion for a resolution
Paragraph 9 b (new)

9b. Welcomes the Commission’s initiative to propose a Directive on the creation of a single integrated mortgage market with a high level of consumer protection;

2011/02/10
Committee: IMCO

2010/2278(INI)

Constance LE GRIP, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB

Motion for a resolution
Paragraph 9 c (new)

9c. Welcomes the Commission’s intention to adopt a Communication on energy priorities up to 2020/2030; Calls on the Commission to tackle missing infrastructure links and facilitate the integration of renewable energy in order to develop a fully operational internal energy market;

2011/02/10
Committee: IMCO

2010/2278(INI)

Damien ABAD, Constance LE GRIP, Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 10

10. Calls for measures to set up an adequate legal framework for foundations, cooperatives ~~and~~, mutual ~~associations, to prevent legal uncertainty and to ensure there are socially oriented corporate institutions and socially innovative corporate projects in the area of services of general interes~~societies and associations, so as to give them European status and prevent legal uncertainty, improve their cross-border access and maximise their entrepreneurial, social, cultural and innovative potential in the Single Market;

2011/02/10
Committee: IMCO

2010/2278(INI)

Damien ABAD, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS

Motion for a resolution
Paragraph 10 a (new)

10a. Welcomes the Commission’s wish to take into account the social impact of proposed legislation concerning the Single Market whenever necessary in order to lead to better informed and more evidence-based political decisions; encourages the Commission to propose a set of indicators which could assess the social impact of legislation; considers that this impact assessment should be undertaken as part of an integrated assessment that considers all relevant impacts of a proposal (i.e. financial, environmental, competitivity, job creation and growth);

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 10 b (new)

10b. Underlines the importance of having a safe Single Market and welcomes the multiannual action plan for the development of European market surveillance and the guidelines for customs controls in the area of product safety; Or. en (before par 7)

2011/02/10
Committee: IMCO

2010/2278(INI)

Damien ABAD, Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 10 c (new)

10c. Emphasises the necessity to share best practice among the Member States; calls for joint cooperation, pooling know- how and sharing the best practices among market surveillance authorities; underlines the importance of cooperation between customs and market surveillance authorities at the external borders to carry out appropriate checks of products entering the Community; recognises the important contribution made by PROSAFE to the above issues; Or. en (before par 7)

2011/02/10
Committee: IMCO

2010/2278(INI)

Constance LE GRIP, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS

Motion for a resolution
Paragraph 10 d (new)

10d. Calls on the Commission to identify and eliminate tax obstacles still facing European citizens;

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB

Motion for a resolution
Paragraph 11

~~11. Stresses the importance of training civil servants in Single Market rules, market surveillance and product safety;~~deleted

2011/02/10
Committee: IMCO

2010/2278(INI)

Damien ABAD, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 11 a (new)

11a. Regrets that no action on roaming charges has been envisaged in the Single Market Act, despite the tangible nature of such measures and the high expectations of citizens in this domain; However, notes that the Commission has made a considerable effort to reduce the costs of roaming for consumers in recent years and therefore, points out that to achieve digital agenda goals, this initiative should be included in the scope of the Single Market Act;

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS

Motion for a resolution
Paragraph 11 b (new)

11b. Points out that the existing legislative framework regulating air passengers’ rights needs better enforcement measures, so that citizens can fully avail of their rights, particularly in the context of passengers with reduced mobility (PRM); Calls on the Commission to adopt a proposal amending the regulation on the rights of air passengers in order to increase consumer protection measures;

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 11 c (new)

11c. Welcomes the Commission’s initiative to launch a public consultation on corporate governance and improving transparency of information provided by businesses on social and environmental matters and respect for human rights;

2011/02/10
Committee: IMCO

2010/2278(INI)

Constance LE GRIP, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 11 d (new)

11d. Notes the proposal of the Commission on social business initiative and recommends launching a consultation on this project in order to assess the potential of this measure in terms of economic growth and job creation;

2011/02/10
Committee: IMCO

2010/2278(INI)

Damien ABAD, Constance LE GRIP, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB

Motion for a resolution
Subheading 3

~~III . Gaps~~deleted

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 12

~~12. Considers that the programme does not sufficiently analyse the causes of market fatigue or the expectations of Europe’s citizens from a revived Single Market;~~deleted

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 13

~~13. Regrets the lack of concrete proposals on the collective redress mechanism, except for continuing the consultation;~~deleted

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS

Motion for a resolution
Paragraph 14

14. ~~Considers that the Communication does not stress the importance of social services; considers this is far from the quality framework promised by the Commission President~~Encourages the Commission efforts to define a quality framework for services of general interest by providing public authorities with a ‘tool-kit’ to evaluate the quality of these services and make sectoral and transnational comparisons;

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 14 a (new)

14a. Welcomes the Commission’s initiative to adopt a legislative proposal aimed at improving the implementation of the Posting of Workers Directive and encourages the Commission to clarify the exercise of fundamental social rights within the context of the economic freedoms of the Single Market;

2011/02/10
Committee: IMCO

2010/2278(INI)

Damien ABAD, Andreas SCHWAB, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 15

15. Emphasises the lack of a Digital Single Market, and calls for the democratisation of broadband and for continuous review of the Regulation on the telecoms sector ensuring privacy, data protection, and the protection of vulnerable groupNotes that benefits from the Digital Single Market will directly impact the day- to-day live of Europeans; Calls for the extension of current European legislation on universal service obligations for telecoms to also cover broadband in order to ensure that basic telecoms services to all Europeans;

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Motion for a resolution
Subheading 4

I~~V. Short-term strateg~~II. Key Priorities

2011/02/10
Committee: IMCO

2010/2278(INI)

Motion for a resolution
Paragraph 17 – introductory part

17. Calls for short-term strategies: (a) to enhance European market surveillance, improve access to basic banking services, create a single integrated mortgage market and remove tax obstacles and double taxation; (b) to implement an e-commerce policy in order to increase citizens’ and consumers’ confidence when shopping online; (c) to devise an action plan against counterfeiting and piracy as a major preventive tool, in order to ensure that goods circulating in the Single Market are safe to consume, of the appropriate standard and legal; (d) to develop an effective communication policy on the Single Market Act, based on a policy audit assessing its tangible benefit (tangibility) to citizens; (e) to introduce a system of benchmarks, based on the horizontal social clause, to assess the relevance of all Single Market measures in terms of their social impact, tangibility and feasibility;deleted

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 17 – subparagraph a (new)

(a) Calls on the Commission to submit before June 2011 a proposal for amending the Roaming Regulation in order to extend the existing regulation in time and in scope to cover retail prices for data as well,

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 17 – subparagraph b (new)

(b) Urges the Commission to adopt a legislative initiative on access to certain basic banking services by June 2011; Welcomes the Commission’s initiative to take an action to improve the transparency and comparability of bank charges,

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 17 – subparagraph c (new)

(c) Encourages the Commission to publish a Green Paper on the recognition of professional qualifications by September 2011 with evaluation of the existing framework and if appropriate to propose a legislative initiative to reform this framework in 2012;

2011/02/10
Committee: IMCO

2010/2278(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 17 – subparagraph e (new)

(e) Asks for the Commission to take the opportunity of the revision of the General Product Safety Directive to propose a new regulation on market surveillance covering both the consumer and non consumer products,

2011/02/10
Committee: IMCO

2010/2277(INI)

Othmar KARAS, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anja WEISGERBER, Andreas SCHWAB, Constance LE GRIP, Eija-Riitta KORHOLA, Hans-Peter MAYER, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Recital A

A. whereas it is important to ~~restor~~increase confidence in the Single Market at all levels and to eliminate existing barriers to enterprises entering business; whereas high administrative burdens discourage new entrepreneurs,

2011/02/10
Committee: IMCO

2010/2277(INI)

Motion for a resolution
Recital N

N. whereas services are accountable for a significant part of our economic growth; whereas the Single Market for services is still ~~underdeveloped due to gaps and late implementa~~not delivering its full potential ; whereas the Services Directive has been an important step forward in improving the functioning of the S~~ervices Directive,~~ingle Market but whereas more needs to be done to deepen the Single Market for services;

2011/02/10
Committee: IMCO

2010/2277(INI)

Othmar KARAS, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anja WEISGERBER, Andreas SCHWAB, Catherine SOULLIE, Hans-Peter MAYER, Philippe JUVIN, Konstantinos POUPAKIS, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 13 a (new)

13a. Calls for adoption of European Private Company Statute in order to deliver to SMEs multiple benefits that this proposal encompass especially for companies wishing to do cross-border business;

2011/02/10
Committee: IMCO

2010/2277(INI)

Motion for a resolution
Paragraph 13 b (new)

13b. points out the importance of interconnected business registers and calls on the Commission to develop a clear legal framework ensuring that information in such business registers is complete and correct;

2011/02/10
Committee: IMCO

2010/2277(INI)

Othmar KARAS, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Catherine SOULLIE, Anja WEISGERBER, Andreas SCHWAB, Constance LE GRIP, Hans-Peter MAYER, Philippe JUVIN, Anna Maria CORAZZA BILDT, Konstantinos POUPAKIS

Motion for a resolution
Paragraph 14 a (new)

14a. points out the importance of interconnected business registers and calls on the Commission to develop a clear legal framework ensuring that information in such business registers is complete and correct;

2011/02/10
Committee: IMCO

2010/2277(INI)

Othmar KARAS, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anja WEISGERBER, Andreas SCHWAB, Eija-Riitta KORHOLA, Hans-Peter MAYER, Konstantinos POUPAKIS

Motion for a resolution
Paragraph 14 b (new)

14b. Calls on the European Commission to include within the Single Market Act a proposal for a European retail strategy that identifies and addresses the numerous challenges faced by European businesses looking to retail their products both within the Single Market and to an international customer base. This strategy should consider the specific requirements of individual retail sectors including digital, high-street and travel retail.

2011/02/10
Committee: IMCO

2010/2277(INI)

Othmar KARAS, Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Anja WEISGERBER, Andreas SCHWAB, Hans-Peter MAYER, Philippe JUVIN, Konstantinos POUPAKIS

Motion for a resolution
Paragraph 17

17. Stresses the need for proper implementation of the Services Directive ~~and for the possibility to~~, including the setting up of fully operational Points of Single Contact allowing for online completeion of procedures ~~online which could~~and formalities what can considerably reduce operational costs for enterprises and boost the Single Market for services; Calls on the Commission and Member States to work together and take further steps in the development of the Single Market for services on the basis of the mutual evaluation process; urges the Commission to put a special emphasis on the development of the Single Market for online services;

2011/02/10
Committee: IMCO

2010/2277(INI)

Motion for a resolution
Paragraph 18

18. Calls on the Commission to encourage the development of the business services sector and to take the necessary regulatory measures in order to protect especially SMEs from unfair commercial practices by larger enterprises in the retail sector; recalls its Resolution 2008/2126 (INI) and urges the Commission again to come up with a proposal to prevent the fraudulent practices of Misleading Business Directories;

2011/02/10
Committee: IMCO

2010/2085(INI)

Draft opinion
Paragraph 4a (new)

4a. Calls on the Commission to consider usefulness of setting up similar system as RAPEX - CHINA for other trading partners, in particular for those, which products have been notified in the RAPEX system;

2010/11/09
Committee: INTA

2010/2085(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Wim van de CAMP, Hans-Peter MAYER

Draft opinion
Paragraph 4b (new)

4b. Underlines the importance of product traceability and tracking labels for determining country of origin of the product and responsible manufacturer;

2010/11/09
Committee: INTA

2010/2053(INI)

Motion for a resolution
Recital D

D. whereas the Directive's impact on the economy, businesses and citizens cannot be evaluated until it has been fully and properly transposed in all of the EU Member States,

2011/01/05
Committee: IMCO

2010/2053(INI)

Konstantinos POUPAKIS, Małgorzata HANDZLIK

Motion for a resolution
Paragraph 3 a (new)

3a. Recalls that the implementation of the Services Directive must not be viewed by most Member States simply as a matter of processing, whereby rules and special provisions will be abolished mechanically and horizontally, but rather as an opportunity to update and simplify legislation and substantively to restructure the services economy, taking into account the objectives of safeguarding the public interest, as also set out in the directive itself;

2011/01/05
Committee: IMCO

2010/2053(INI)

Małgorzata HANDZLIK, Andreas SCHWAB, Rafał TRZASKOWSKI, Wim van de CAMP, Konstantinos POUPAKIS, Hans-Peter MAYER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 5

5. Points out that the Member States can maintain their authorisation schemes and certain requirements if the latter are non- discriminatory, necessary and proportionate; emphasises that in this connection the Member States have maintained a number of authorisation schemes by making them more accessible and more transparent to service providers; Regrets that some Member States have not fully used the potential of the Services Directive in terms of administrative and regulatory simplification;

2011/01/05
Committee: IMCO

2010/2053(INI)

Danuta JAZŁOWIECKA, Małgorzata HANDZLIK

Draft opinion
Paragraph 4

4. C~~onsiders that there are still issues to be~~alls on the Commission to provide further clarifiedcations regarding the scope of application of the directive~~; considers that a directive clearly defining the concepts~~, in particular as regards the notion of "eco~~mmercial servic~~nomic activities", "services of general economic interest" and "social services of general interest" is more necessary than ever in order to precisely delineate the Service Directive's scope of application and the law applicable to services not subject to the directive, with particular regard to authorisation schem, as well as regarding the application of the directive to authorisation schemes in the area of social services of general interest;

2010/09/24
Committee: EMPL

2010/2053(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Damien ABAD, Constance LE GRIP, Wim van de CAMP, Hans-Peter MAYER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 11

11. Calls on the Member States to continue improving the accessibility of PSCs and the quality and relevance of the information given to ~~service provid~~its users; calls on the ~~Commission and the~~ Member States to ensure that ~~the~~all information ~~given~~provided by PSCs is also available in ~~several languag~~languages other than national, taking into consideration especially the languages of neighbouring countries;

2011/01/05
Committee: IMCO

2010/2053(INI)

Danuta JAZŁOWIECKA, Małgorzata HANDZLIK

Draft opinion
Paragraph 5

5. Considers that the points of single contact should be used as information centres for issues related to the directive~~, in particular~~; they could additionally provide information regarding applicable labour law and workers' rights in force under the directive;

2010/09/24
Committee: EMPL

2010/2053(INI)

Danuta JAZŁOWIECKA, Małgorzata HANDZLIK

Draft opinion
Paragraph 6

6. Invites the ~~Employment Committee referred to in Article 150 TFEU to issue regular reports on the~~Commission to closely monitor the application of the Directive in all Member States and to issue regular implementation reports. These reports should take into effect~~s of~~ the ~~directive's implementation on employment, from both a quantitative and a qualitative point of view~~real medium- and long term effects of the Directive on employment in the EU.

2010/09/24
Committee: EMPL

2010/2053(INI)

Małgorzata HANDZLIK, Andreas SCHWAB, Rafał TRZASKOWSKI, Wim van de CAMP, Hans-Peter MAYER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 11 a (new)

11 a. Calls on the Member States to enhance the availability of electronic completion of procedures, including a translation of all relevant forms; calls on the Members States to offer tracking facilities for PSC users enabling them to check the progress of ongoing procedures;

2011/01/05
Committee: IMCO

2010/2053(INI)

Małgorzata HANDZLIK, Andreas SCHWAB, Rafał TRZASKOWSKI, Wim van de CAMP, Konstantinos POUPAKIS, Hans-Peter MAYER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 11 b (new)

11 b. Recognizes the problems encountered with the functioning of the PSC related to proving of the identity, use of e-signatures, submission of original documents or certified copies, especially in the cross - border context; asks the Commission to propose measures to resolve these issues in order to enable SMEs to benefit from the single market and avoid any legal and technical uncertainties;

2011/01/05
Committee: IMCO

2010/2053(INI)

Małgorzata HANDZLIK, Andreas SCHWAB, Rafał TRZASKOWSKI, Wim van de CAMP, Hans-Peter MAYER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 11 c (new)

11 c. Stresses that it is particularly important with a view to user - friendliness to clarify which requirements apply to the permanent establishment of a business as opposed to the temporary cross-border provision of services;

2011/01/05
Committee: IMCO

2010/2053(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Damien ABAD, Constance LE GRIP, Wim van de CAMP, Hans-Peter MAYER

Motion for a resolution
Paragraph 12

12. Regrets that the PSCs are still barely known by service providers; calls on the Commission and the Member States ~~to launch information campaigns as soon as possible directed at all those concerned~~, in cooperation with business organisations to launch well targeted information and communications campaigns as soon as possible; calls on the Commission and the Member States to improve the visibility and recognisability of the eu-go domain;

2011/01/05
Committee: IMCO

2010/2053(INI)

Małgorzata HANDZLIK, Andreas SCHWAB, Rafał TRZASKOWSKI, Damien ABAD, Wim van de CAMP, Konstantinos POUPAKIS, Hans-Peter MAYER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 13

13. Calls on the Member States to provide the statistical and comparable data required to evaluate the ~~work~~functioning of the PSCs and their impact at national and European level;

2011/01/05
Committee: IMCO

2010/2053(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Wim van de CAMP, Hans-Peter MAYER, Anna Maria CORAZZA BILDT

Motion for a resolution
Paragraph 13 a (new)

13 a. Considers that points of single contacts should be continuously improved and developed into comprehensive e- government centres for businesses and citizens; underlines that it is crucial that PSCs allow for the electronic completion of all required administrative procedure including those related to taxation such as application for VAT number and those related to social security registration;

2011/01/05
Committee: IMCO

2010/2053(INI)

Małgorzata HANDZLIK, Rafał TRZASKOWSKI, Andreas SCHWAB, Damien ABAD, Wim van de CAMP, Konstantinos POUPAKIS, Hans-Peter MAYER

Motion for a resolution
Paragraph 17

17. Underlines the need to develop training schemes for the officials of national and regional administrations responsible for monitoring services; recognises the efforts Member States have already taken to that effect and calls on Member States to further consolidate the national IMI networks by continuously monitoring its practical working and ensuring adequate training; recalls that the sustainable success of IMI depends on adequate investment at Community level; therefore calls on the Commission to set up a multiannual programme for that purpose;

2011/01/05
Committee: IMCO

2010/2053(INI)

Małgorzata HANDZLIK, Andreas SCHWAB, Rafał TRZASKOWSKI, Damien ABAD, Hans-Peter MAYER

Motion for a resolution
Paragraph 18

18. Notes th~~e difficulties encountered in some Member States with precisely defining the scope of the exclusions provided for by the Directive, particularly concerning social services and health services; point~~at the majority of Member States did not encounter significant problems during the implementation of the Services Directive with regards to its scope; Notes the discussions in some Members States outn th~~at such~~e services ~~were~~ excluded ~~because of their specific nature and that they require a sectoral Community legislative framework~~from the scope of the Directive;

2011/01/05
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Recital E

E. whereas, the EU 2020 Strategy should set realistic targets for achieving a ~~green~~sustainable, knowledge-based economy and sustainable growth by 2020; whereas the cornerstone of the EU 2020 Strategy should be the single European market, with the challenges of ~~social justice and economic growth~~economic growth and social exclusion and a focus on benefits to citizens, consumer protection and SMEs,

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 11

11. Takes the view that the old perception of the single market as being primarily tied to economic considerations needs ~~revisi~~supplementing; stresses that all those involved in shaping and implementing the single market need to adopt a more holistic approach, fully integrating citizens’ concerns, particularly in relation to economic, social, health and environmental issues and consumer protection;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 14

14. Calls for a new paradigm of political thinking, with citizens ~~and~~, consumers and SMEs occupying a central role in the relaunch of the single European market; holds the view that this can be achieved by making the European citizen and SMEs the main political variable in the determination and formulation of Union legislation and policy;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 15

15. Maintains that revitalisation of the single market requires the introduction of more adequate checks and balances to guarantee citizens ~~and~~, consumers and SMEs the necessary protection; considers that a citizen- and SME-based approach will help the Union to win back popular confidence in the single European market and to find the right formula for the adoption of initiatives to give the Union the competitive edge it needs, without prejudice to the social dimension;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 16

16. Reiterates that meaningful assessment of the social, consumer and environmental impacts of the single market – which should feature in all single market proposals – is crucial to gaining public confidence and will also ensure the realistic integration of social, consumer-protection, environmental and economic goals;deleted

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 18

18. Highlights the importance of establishing a ~~green~~sustainable single market for emerging low-carbon and environmental technologies, services and products by developing EU-wide standards ~~for measuring and auditing carbon footprints~~; points out that clear standards and labelling for energy efficient products ~~must~~should become mandatory throughout the Union;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 22

22. Is convinced that the ordinary citizen’s perception, understanding and knowledge of the single market are low, non-existent, confused or negative; is of the opinion that the majority of consumers view the single market – rightly or wrongly – as a systknowledge and understanding of the principles on the basis of which the single market functions are low; is of the opinion that the majority of consumers, citizens and SMEs do not have systematic knowledge of the benefits of the internal market and are uncertain of how to take full advantage of them; i~~mbued with political horse-trading and vested interests rather than one which addresses the needs of the consumers, citizens and SMEs~~s of the opinion that consumers, citizens and SMEs often fail to make the connection between existing policies, rules and programmes and the principles of the internal market;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 23

23. Emphasises that, in order to secure the social backing and cooperation of European citizens, the EU and national institutions must ~~radically~~ change popular perceptions of the single market by making people aware of and able to understand the benefits it offers them;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 25

25. Maintains that citizens are not being given the information they need on single market legislation and the availability and enforcement of their rights; highlights the fact that many of the relevant websites and the large number ofIs of the opinion that citizens and SMEs can have difficulty finding their way around the extensive network of existing websites, information centres and ‘points of single contact’, remakin ~~disorganised and are failing to reach people effectively~~g it difficult for them to quickly access the information they are seeking on internal market legislation and the availability and enforcement of their rights;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 26

26. Maintains that economic integration initiatives ~~will fail to take off unless citizens are convinced that their social rights are safeguarded and that internal market policies will not impact negatively on national~~and internal market policies should support social policiey goals;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 28 a (new)

28a. Supports the further implementation of the ‘Think Small First’ principle and its application as a general principle in the processes of economic policymaking and lawmaking at EU level;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 37

37. Urges the Commission to ensure proper coordination and to work in collaboration with Parliament and the national governments of the Member States, as well as major trading partners, in surveillance of the goods market and in cross-border enforcement of consumer protection law ~~and to control the undisciplined flow of information reaching European consumers and citizens~~;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 38

38. Recommends that the Commission ~~conduct an independent exercise to identify the top 20~~identify the most important problems connected with the functioning of the single- market~~-related sources of dissatisfaction and frustration which citizens encounter every day, in particular in rel~~ that are of interest and everyday concern to citizens in relation, inter alia, to workers’ mobility, mutual recognition of professional qualification tos, cross-border ~~medical~~health care, vehicle purchase and hire, portability of pensions, ~~mutual recognition of professional qualifications,~~ child custody, adoption ~~and~~, maintenance and allowances and other issues of importance to citizens;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 43

43. Insists that the Commission ensure: independent scrutiny of regulatory proposals for their quality; the adoption of ex-ante and ex-post mechanisms for verifying the effectiveness of legislation~~; the use of benchmarking against international best practice; the use of conformity assessments to gauge social and environmental impact at both EU and national level~~ and identifying and eliminating barriers in the internal market;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 44

44. Calls on the Commission and the Member States to develop a targeted communication strategy focusing on the day-to-day problems that citizens encounter when settling and taking up employment in another Member State, moving, shopping or selling across borders, and the social, health, consumer-protection and environmental-protection standards on which they can rely;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 45

45. Calls on the Commission, together with the Member States, to develop outreach activities ~~(‘road shows’)~~ bringing togerther the various stakeholders (i.e. Commissioners, MEPs, national governments and parliamentarians) and attracting as much media attention as possible;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 48

48. Encourages the Commission to bring forward a proposal for a single market legislative package by May 2011 – well ahead of the adoption of its announced 2012 single market programme – putting ~~social policy and consumer protection~~a citizen- and SME-orientated policy at the centre of the single market to achieve the desired aim of a highly competitive social market economy~~, which would at the same time ensure a credible level playing field~~;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 52

52. Calls on the Commission – in preparing its single market legislative package – to identify carefully the existing priorities of the ~~individual Member States and those of the~~European Union, particularly in areas that have given rise over the years to concerns about the workings of the internal market (e.g. public services, public procurement, bureaucratic rules affecting SMEs)~~, and then to redefine the economic and social interest of the Union as a whole~~;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 55

55. Recommends th~~e commissioning of a study~~at an analysis be carried out to identify ways and means of integrating consumer interest into ~~all~~the relevant EU policies, thus enabling consumer protection to feature automatically ~~as a prime concern~~ in the drafting of ~~every piece of~~the relevant EU legislation;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 56

~~56. Is of the opinion that the Commission needs to undertake an evaluation of the Service Directive to determine whether it has achieved its main goals and to treat the issue as a matter of urgency;~~deleted

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 57 a (new)

57a. Believes that after ensuring appropriate implementation, the Commission should undertake an assessment of the Services Directive to determine whether its goals have been achieved as set out in Article 41 of the Directive; considers, also, that the Commission, taking into account the results of that analysis, should bring forward further proposals for removing barriers to the provision of services in the European Union;

2010/04/14
Committee: IMCO

2010/2011(INI)

Motion for a resolution
Paragraph 58

58. Notes that redress mechanisms applicable across the Union have yielded limited results and therefore urges the Commission to bring forward a legislative proposal to ensure implementation of an affordable, expedient and accessible Europe-wide collective redress system by May 2011;deleted

2010/04/14
Committee: IMCO

2009/2201(INI)

Motion for a resolution
Recital A

A. whereas ~~multinational~~ corporations and their subsidiaries are the ~~key~~major players in economic globalisation and international trade,

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Recital D

D. having regard to the United Nations Global Compact, which incorporates 10 principles ~~which multinational corporations must undertake to observe~~ in the areas of human rights, basic labour standards, a precautionary approach to environmental problems and the fight against corruption, to which companies make a commitment and integrate them in their business operations on a voluntary basis,

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Recital I

I. whereas non-compliance with those legally binding CSR principles constitutes a form of social and environmental dumping which works to the detriment, in particular, of ~~undertaking~~companies and workers in Europe, who are required to comply with more stringent labour, environmental and fiscal standards,

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Recital J

J. whereas it would be normal if European ~~multin~~corporationals which transfer their production to low-wage countries where less stringent environmental standards apply were to be held accountable, ~~including before European courts,~~ for any environmental and social damage caused by their subsidiaries and their supply chains in those countries,

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Recital K

K. whereas Chapter 13 of the free trade agreement between the European Union and South Korea and Article 270(3) of the ~~free t~~Multiparty Trade aAgreement between the European Union and Colombia and Peru already contain a reference~~, although only a limited one,~~ to CSR,

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Recital L

L. whereas ~~CSR, on the one hand, and~~ the social and environmental clauses incorporated in trade agreements, ~~on the other~~together with CSR commitments on the part of the business community, pursue the same objectives, those of an economy which is respectful of human needs and of the environment, and of fairer, more socially balanced, more human globalisation which is genuinely conducive to sustainable development,

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 1

1. Notes that, ~~following on from the climate, energy and food crises, the global~~the challenges that we face nowadays, sharpened by the recent financial crisis, has engendered a worldwide social crisis which has increased the need for new, strong rules which make for more effective supervision of the world economy and ensure that it does not develop in a manner detrimental to human needs and to the needs of society; takes the view that that requirement applies equally to international trade, which is at the heart of globalisationve lead to the discussions worldwide on the new regulatory approach and governance issues in the world economy, including in the international trade; takes the view that the new rules should contribute the development of more sustainable policies, which take into account social and environmental concerns;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 2

2. Notes, further, that globalisation has ~~been accompanied by fiercer competition~~increased competitive pressure among countries to attract foreign investors and ~~fiercer~~ competition between ~~undertaking~~corporations, which has sometimes led to ~~serious~~the unjustified abuses of human and labour rights and damages to the environment;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 4

4. Recalls that promoting CSR is an objective supported by the European Union and that the Commission takes the view that the Union must ensure that the external policies it implements ~~and the actions of European undertakings which invest in third countries~~ make a genuine contribution to the sustainable development and to the social development of the countries concerned and that the actions of European corporations wherever they invest and operate are in accordance with European values and internationally agreed norm;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 5

5. Recalls that the objectives of the common commercial policy ~~is an instrument in the service of~~should be fully coordinated with the European Union’s overall objectives, that, pursuant to Article 207 of the Treaty on the Functioning of the European Union, the EU’s common commercial policy must be conducted ‘in the context of the principles and objectives of the Union’s external action’, and that, pursuant to Article 3 of the Treaty on European Union, it must contribute, in ~~particular~~ter alia, ‘to the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter’';

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 6

6. Takes the view, in the light of the ~~key~~major role played by corporations, their subsidiaries and their supply chains in international trade, that corporate social ~~and environmental responsibility must become an integral part of~~responsibility can bring added value to the European Union’s trade agreements;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 7

7. Takes the view that the social clauses in trade agreements ~~will be strengthen~~should be complemented by the incorporation of the concept of CSR, which concerns the behaviour of ~~undertaking~~corporations, whilst the concept of CSR will in turn be consolidated as a result, drawing strength in particular from the arrangements trade agreements lay down for monitoring the implementation of the principles which govern them;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 8

8. Calls for the principles underpinning CSR to be incorporated into the ~~GSP and~~ GSP+ regulation when it is next revised; calls on the Commission to ensure that transnational corporations, whether or not they have their registered office in the European Union, whose subsidiaries or supply chains are located in countries participating in the GSP, and in particular in GSP+,corporations are required to comply with their national and international legal obligations in the areas of human rights, labour standards and environmental rules; urges that the European Union and the States participating in and benefiting from the GSP + should be required to ensure that corporations fulfil these obligations; ~~calls for such compliance to be made a binding requirement in the context of the GSP;~~

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 10

10. Calls on the Commission to draw up a new impact assessment model with a view to ensuring that, both prior to and after the signing of a trade agreement, States which commit themselves to cooperating with the European Union properly comply with their obligations in the areas of human rights, basic labour standards and environmental protecimprove, if necessary, its sustainability impact assessment model, in order to properly reflect on the economic, social and environmental implications of trade negotiations; calls~~, further, for assessments to be carried out of the social and environmental impact of~~ on the Commission to follow up on the trade agreements inwith the EU's partner countries ~~and in those countries' vulnerable sectors; such~~, by carrying out post ante impact assessments s~~hould also be carried out prior to the signing and implementation of agreement~~tudies, taking into account in particular vulnerable sectors;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 12 point a

a. a mutual undertaking by the two parties to promote ~~CSR~~internationally agreed CSR instruments in the context of the agreement and their trade relations;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 12 point c

c. the establishment of 'contact points' similar to those set up under the auspices of the OECD which would foster the provision of information about CSR and transparency and receive complaints ~~and testimony~~ concerning breaches of the principles underpinning CSR, in cooperation with civil society;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 12 point d

d. ~~a requirement on the part of undertakings and groups of undertakings to comply with rules on transparency and reporting, i.e. the annual publication of their CSR b~~incentives to encourage transparency, visibility and credibility of CSR practices by making CSR information available to all stakeholders, including consumers, investors and the wider public in the targeted manner, especially by preparing reports on the regular basis on the commitments undertaken by the corporations complementing national an~~ce shee~~d international requirements;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 12 point e

e. ~~a requirement for undertakings and groups of undertaking~~necessity for corporations to show due diligence, i.e. a requirement to take measures in advance with a view to identifying and preventing violations of human and environmental rights, corruption or tax evasion, including in their subsidiaries and supply chains, ~~i.e. throughout their sphere of influence;~~

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 12 point f

f. a review mechanism to deal with proven breaches of the CSR commitments entered into in the context of the trade agreement; it must be possible for investigations to be carried out by the competent authorities of the two parties, and also by independent experts, along the lines of the investigations conducted as part of ILO programmes1; in the event of a serious breach of the commitments, the parties could name and shame those responsible and call for the imposition of proportionate trade sanctions;deleted

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 12 point g

g. a mechanism for judicial cooperation between the Union and its partner States with a view to enforcing compliance by undertakings with the relevant laws and international agreements concerning CSR; the two parties should undertake to encourage transnational judicial cooperation, to facilitate access to the 1 courts for the victims of the actions of corporations or smaller companies within their sphere of influence, and, with that aim in view, to support the development of appropriate procedures and competent judicial bodies;deleted Such as the Better Factories Cambodia programme (http://www.betterfactories.org/)

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 12 a (new)

12a. Considers that CSR clause might be accompanied by other provisions; Takes the view that : a. in the event of proven breaches of the CSR commitments it should be possible to carry out investigations by the competent authorities and in the event of a serious breach of the commitments, the parties could name and shame those responsible; b. the two parties should undertake to encourage transnational judicial cooperation, to facilitate access to the courts for the victims of the actions of corporations ), and, with that aim in view, to support the development of appropriate judicial procedures as well as non - judicial redress mechanisms;

2010/10/07
Committee: INTA

2009/2201(INI)

Motion for a resolution
Paragraph 13

13. Proposes to establish a parliamentary monitoring subcommittee for ~~each~~ free trade agreement s(FTA), ~~along the lines of the similar body provided for in the economic partnership agreements,~~ to act as a forum for exchanges of information and dialogue between MEPs and parliamentarians from the partner States; adds that these FTA monitoring subcommittees could ~~pay particular attention to~~also scrutinize the implementation of the chapter on sustainable development and the CSR clause and draw up recommendations for the FTA joint committee, in particular in the light of impact assessments and in cases where proven breaches of human rights, labour rights or environmental agreements occur;

2010/10/07
Committee: INTA

2009/2175(INI)

Draft opinion
Point 3

3. Takes the view that the EU public procurement market remains the most open public procurement market at global level; considers that the general principle of an open European Union public procurement market should be maintained, taking into account, however, the interests of Union enterprises in the European Union internal market and third country markets;

2010/02/03
Committee: INTA

2009/2175(INI)

Rafał TRZASKOWSKI, Bogdan Kazimierz MARCINKIEWICZ, Małgorzata HANDZLIK

Draft opinion
Point 5a (new)

5a. Draws attention to the provisions of Articles 58 and 59 of Directive 2004/17/EC; calls on the Member States to make full use of the possibility of informing the Commission of problems concerning access by their undertakings to third country markets and calls on the Commission to take effective measures to ensure that Union undertakings enjoy genuine access to third country markets;

2010/02/03
Committee: INTA

2009/0108(COD)

Proposal for a regulation
Article 10 – paragraph 6 a (new)

6a. When the Commission considers that in the case of a Community Emergency, the actions taken by the Competent Authorities or natural gas undertakings are insufficient, the Commission is entitled to act directly implementing the measures listed in Annexes II and III in order to restore the gas supply to the affected markets.

2009/11/17
Committee: IMCO

2009/0054(COD)

Bendt BENDTSEN, Małgorzata HANDZLIK, Andreas SCHWAB, Jens ROHDE, Anja WEISGERBER

Proposal for a directive
Recital 16

(16) ~~Surveys~~Experience shows that ~~public authorities often require~~ contractual payment periods for commercial transactions ~~that are~~are often significantly longer than 30 days. Therefore, payment periods ~~for procurement contracts awarded by public authorities should be as a general rule limit~~in commercial transactions should be as a general rule limited to a maximum of 30 days; in cases where longer payment periods are duly justified in accordance with the principle of necessity or with special provisions of national law and where an explicit agreement has been made between the debtor and the creditor, the payment period could be extended to a maximum of 360 days.

2010/02/18
Committee: ITRE

2009/0054(COD)

Bendt BENDTSEN, Małgorzata HANDZLIK, Andreas SCHWAB, Jens ROHDE, Anja WEISGERBER

Proposal for a directive
Article 3

Interest in case of late payment 1. Member States shall ensure that in commercial transactions between undertakings, the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied: (a) the creditor has fulfilled its contractual and legal obligations; (b) the creditor has not received the amount due on time, unless the debtor is not responsible for the delay. 2. Where the conditions set out in paragraph 1 are fulfilled, Member States shall ensure the following : (a) interest for late payment shall become payable from the day following the date or the end of the period for payment fixed in the contract; (b) if the date or period for payment is not fixed in the contract, interest for late payment shall become payable automatically within any of the following time limits : (i) 30 days following the date of receipt by the debtor of the invoice or an equivalent request for payment; (ii) if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services, 30 days after the receipt of the goods or services; (iii) if a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place,Article 30 days after that date. 3. Member States shall ensure that the applicable reference rate: (a) for the first semester of the year concerned shall be the rate in force on 1 January of that year; (b) for the second semester of the year concerned shall be the rate in force on 1 July of that year.eleted

2010/02/18
Committee: ITRE

2009/0054(COD)

Bendt BENDTSEN, Małgorzata HANDZLIK, Andreas SCHWAB, Jens ROHDE, Anja WEISGERBER

Proposal for a directive
Article 5 – title

~~Payment by public authorities~~Interest in case of late payment

2010/02/18
Committee: ITRE

2009/0054(COD)

Bendt BENDTSEN, Małgorzata HANDZLIK, Andreas SCHWAB, Jens ROHDE, Anja WEISGERBER

Proposal for a directive
Article 5 – paragraph 1 – introductory part

1. Member States shall ensure that, in commercial transactions ~~leading to the delivery of goods or the provision of services for remuneration to public authorities~~, the creditor is entitled, without the necessity of a reminder, to interest for late payment equal to statutory interest if the following conditions are satisfied:

2010/02/18
Committee: ITRE

2009/0054(COD)

Małgorzata HANDZLIK, Andreas SCHWAB, Bendt BENDTSEN, Sabine VERHEYEN, Anja WEISGERBER

Proposal for a directive
Recital 16

(16) ~~Surveys~~Experience shows that ~~public authorities often require~~ contractual payment periods for commercial transactions ~~that are~~are often significantly longer than 30 days. Therefore, payment periods ~~for procurement contracts awarded by public authorities should be as a general rule limit~~in commercial transactions should be as a general rule limited to a maximum of 30 days; in cases where longer payment periods are duly justified in accordance with the principle of necessity or with special provisions of national law and where an explicit agreement has been made between the debtor and the creditor, the payment period could be extended to a maximum of 360 days.

2010/03/10
Committee: IMCO

2009/0054(COD)

Bendt BENDTSEN, Małgorzata HANDZLIK, Andreas SCHWAB, Jens ROHDE, Anja WEISGERBER

Proposal for a directive
Recital 17

(17) Late payment is particularly regrettable if it occurs despite the debtor’s solvency, regardless of whether the debtor is a public authority or a private undertaking. Surveys show that public authorities often pay invoices very late after expiration of the applicable payment period~~. Public~~, despite the fact that those authorities ~~may~~ face lighter financing constraints because they may benefit from more secure, predictable and continuous revenue streams than private undertakings. At the same time, they depend less than private undertakings on building stable commercial relationships for the achievement of their aims. Consequently, public authorities may have less incentive to pay on time. In addition, many public authorities can obtain financing at more attractive conditions than private undertakings. ~~Therefore, l~~Late payment by public authorities not only leads to unjustified costs for private undertakings, but to inefficiency in general. ~~It is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of~~However, a significant proportion of commercial transactions – particularly those involving small and medium-sized undertakings – are carried out on a business-to-business basis. Accordingly, measures to deter late payment by both public authorities and private undertakings should be introduced in order to improve the current situation.

2010/03/10
Committee: IMCO

2009/0054(COD)

Proposal for a directive
Article 5 – paragraph 4

4. Member States shall ensure that: (a) the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is duly justified in accordance with the principle of necessity or in accordance with special provisions laid down by national law and unless it is specifically agreed between the debtor and the creditor, and i~~s duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period~~n any event never exceeds 60 days; (b) the date of receipt of the invoice is not subject to a contractual agreement between debtor and creditor. Member States may, if necessary, deviate from the requirements laid down in paragraph (a) in cases of arrangements for payment by instalments or staggered payments which have been specifically agreed between the debtor and the creditor.

2010/02/18
Committee: ITRE

2009/0054(COD)

Bendt BENDTSEN, Małgorzata HANDZLIK, Andreas SCHWAB, Jens ROHDE, Anja WEISGERBER

Proposal for a directive
Article 5 – paragraph 5

5. Member States shall ensure that when interest for late payment becomes payable, the creditor is entitled to ~~a lump sum~~ compensation payments amounting to: (a) compensation equal to 52% of the amount due~~. This compensation shall be additional to the interest for late payment.~~ from the date interest becomes payable; (b) compensation equal to 5% of the amount due after 30 days from the date interest becomes payable. Or. en (The original COM-AM is split into (a) and (b))

2010/02/18
Committee: ITRE

2009/0054(COD)

Bendt BENDTSEN, Małgorzata HANDZLIK, Andreas SCHWAB, Jens ROHDE, Anja WEISGERBER

Proposal for a directive
Recital 17 a (new)

(17a) A particular cause for concern in connection with late payment is the situation of health services in a large number of Member States. However, the healthcare sector’s problems cannot be solved overnight, because the difficulties experienced by healthcare establishments stem from inherited debt burdens. Healthcare establishments should therefore be afforded greater flexibility in meeting their commitments. Member States should nonetheless make every effort to ensure that payments in the healthcare sector are made within the contractual payment periods.

2010/03/10
Committee: IMCO

2009/0054(COD)

Proposal for a directive
Article 5 – paragraph 6 – introductory part

6. Member States shall ensure that the applicable reference rate in commercial transactions ~~leading to the delivery of goods or the provision of services for remuneration to public authorities~~:

2010/02/18
Committee: ITRE

2009/0054(COD)

Małgorzata HANDZLIK, Bendt BENDTSEN, Sabine VERHEYEN, Andreas SCHWAB

Proposal for a directive
Article 2 – point 4

(4) “late payment” means failure to pay within the period of payment specified in Article ~~3(2) or Article~~ 5(2);

2010/03/10
Committee: IMCO

2009/0054(COD)

Proposal for a directive
Article 3

1. Member States shall ensure that in commercial transactions between undertakings, the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied: (a) the creditor has fulfilled its contractual and legal obligations; (b) the creditor has not received the amount due on time, unless the debtor is not responsible for the delay. 2. Where the conditions set out in paragraph 1 are fulfilled, Member States shall ensure the following: (a) interest for late payment shall become payable from the day following the date or the end of the period for payment fixed in the contract; (b) if the date or period for payment is not fixed in the contract, interest for late payment shall become payable automatically within any of the following time limits: (i)Article 30 days following the date of receipt by the debtor of the invoice or an equivalent request for payment; (ii) if the debtor receives the invoice or the equivalent request for payment earlier than the goods or the services, 30 days after the receipt of the goods or services; (iii) if a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 30 days after that date. 3. Member States shall ensure that the applicable reference rate: (a) for the first semester of the year concerned shall be the rate in force on 1 January of that year; (b) for the second semester of the year concerned shall be the rate in force on 1 July of that year.eleted Interest in case of late payment

2010/03/10
Committee: IMCO

2009/0054(COD)

Proposal for a directive
Article 4 – paragraph 1 – introductory part

1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Article~~s 3 and~~ 5 and unless otherwise specified in the contract, the creditor is entitled to obtain from the debtor any of the following amounts:

2010/03/10
Committee: IMCO

2009/0054(COD)

Małgorzata HANDZLIK, Andreas SCHWAB, Bendt BENDTSEN, Sabine VERHEYEN, Anja WEISGERBER

Proposal for a directive
Article 4 – paragraph 1 – points a, b and c

(a) for a debt of less than EUR 10 000, a fixed sum of EUR 40; (b) for a debt of EUR 10 000 or more, ~~but less than EUR 10 000, a fixed sum of EUR 70; (c) for a debt of EUR 10 000 or more, a sum equivalent to 1% of the amount for which interest for late payment becomes payable~~a fixed sum of EUR 100.

2010/03/10
Committee: IMCO

2009/0054(COD)

Proposal for a directive
Article 5 – title

~~Payment by public authorities~~Interest in the case of late payment

2010/03/10
Committee: IMCO

2009/0054(COD)

Małgorzata HANDZLIK, Bendt BENDTSEN, Sabine VERHEYEN, Andreas SCHWAB

Proposal for a directive
Article 5 – paragraph 1 – introductory part

1. Member States shall ensure that, in commercial transactions ~~leading to the delivery of goods or the provision of services for remuneration to public authorities~~, the creditor is entitled, without the necessity of a reminder, to interest for late payment equal to statutory interest if the following conditions are satisfied:

2010/03/10
Committee: IMCO

2009/0054(COD)

Philippe JUVIN, Damien ABAD, Małgorzata HANDZLIK

Proposal for a directive
Article 5 – paragraph 2 a (new)

2a. For public health institutions and public medico-social institutions, the time limits referred to in Article 5(2)(b)(i), (ii) and (iii) shall be sixty days.

2010/03/10
Committee: IMCO

2009/0054(COD)

Małgorzata HANDZLIK, Andreas SCHWAB, Bendt BENDTSEN, Sabine VERHEYEN, Anja WEISGERBER

Proposal for a directive
Article 5 – paragraph 4

4. Member States shall ensure that: (a) the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is duly justified in accordance with the principle of necessity or in accordance with special provisions laid down by national law and unless it is specifically agreed between the debtor and the creditor, and i~~s duly justified in the light~~n any event never exceeds 60 days. (b) Member States may, if necessary, deviate from the requirements laid down in paragraph (a) in cases of arrangements ofn pa~~rticular circumstances such as an objective need to schedule payment over a longer period~~yment by instalments or staggered payments which have been specifically agreed between the debtor and the creditor. (c) Member States shall ensure that the date of receipt of the invoice is not subject to a contractual agreement between debtor and creditor.

2010/03/10
Committee: IMCO

2009/0054(COD)

Małgorzata HANDZLIK, Bendt BENDTSEN

Proposal for a directive
Article 5 – paragraph 5

5. Member States shall ensure that when interest for late payment becomes payable, the creditor is entitled to ~~a lump sum~~compensation payments amounting to: (a) compensation equal to 52 % of the amount due~~. This compensation shall be additional to the interest for late payment~~ from the date when interest becomes payable; (b) compensation equal to 5 % of the amount due after 30 days from the date when interest becomes payable.

2010/03/10
Committee: IMCO

2009/0054(COD)

Małgorzata HANDZLIK, Andreas SCHWAB, Bendt BENDTSEN, Sabine VERHEYEN, Anja WEISGERBER

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

(5a) The amount of the compensation referred to in paragraph 5 shall not exceed EUR 50 000.

2010/03/10
Committee: IMCO

2009/0054(COD)

Proposal for a directive
Article 5 – paragraph 6

6. Member States shall ensure that the applicable reference rate in commercial transactions leading to the delivery of goods or the provision of services for remuneration ~~to public authorities~~:

2010/03/10
Committee: IMCO

2009/0054(COD)

Proposal for a directive
Article 7 a (new)

Article 7a The Commission shall publish in the Official Journal and on the Internet details of the current statutory rates of interest applying in all the Member States in the event of late payment in commercial transactions.

2010/03/10
Committee: IMCO

2008/2205(INI)

Draft opinion
Paragraph 1 a (new)

1a. Is of the opinion that clear links should be established between work undertaken under the Small Business Act and initiatives leading to a greater internationalisation of SMEs;

2008/11/10
Committee: IMCO

2008/2205(INI)

Draft opinion
Paragraph 5 a (new)

5a. Welcomes the contract awarded and signed by the Commission to carry out a study on internationalisation of SMEs; is of the opinion that the study will provide a detailed overview of the state of internationalisation of European SMEs; calls on the Commission to take effective measures to facilitate the performance of SMEs in the globalised world;

2008/11/10
Committee: IMCO

2008/2085(INI)

Draft opinion
Paragraph 2

2. Points out, taking into account ECJ rulings, that imposing working conditions on workers posted by services providers from other Member States ~~who are forced~~, the application of which is not required or allowed by Directive 96/71/EC, or to force service providers to enter into negotiations on ~~posted workers'~~such working conditions ~~other than required by the Directive 96/71/EC may~~with trade unions, leads to ~~the~~an unjustified restriction ton the freedom to provide services; therefore collective actions must not aimed at ~~service providers from other Member States should be undertaken in foreseeable way~~imposing working conditions which go beyond Directive 96/71/EC and which are not sufficiently precise and accessible;

2008/06/09
Committee: IMCO

2008/2085(INI)

Draft opinion
Paragraph 4

4. Considers that uniform application and enforcement of its provisions are sufficient to secure the attainment of its objectives ~~and respect for~~- to facilitate the provision of services while guaranteeing the appropriate protection of workers temporarily posted abroad - and to fully respect collective bargaining arrangements existing in the Member States to which workers are posted set by Directive 96/71/EC;

2008/06/09
Committee: IMCO

2008/2085(INI)

Motion for a resolution
Recital M

~~M. Whereas the ECJ in both the Laval and Rüffert cases has made a narrow interpretation of the possibilities for trade unions to demand better conditions for posted workers,~~deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital N

N. Whereas the ECJ in the Rüffert case has significantly diminished the scope for Member States to regulate their collective bargaining and also narrows down the purpose of the PWD, neglecting the PWD’s two fold aim – protection of workers and free movement,deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Recital O

O. Whereas the ECJ in the Viking case introduces a horizontal direct effect of Articles 43 and 49 which can be used by employers and service providers to challenge collective agreements and industrial actions with a cross-border effect; the autonomy for collective bargaining from competition rules is thereby not extended to the field of free movement with a risk that industrial relations in the Member States will be put under legal scrutiny; consequently, this new uncertainty in industrial relations could result in a “flood” of cases to the ECJ,deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 1

1. Underlines that the freedom to provide services is a cornerstone of the European project; ~~however, this has to be balanced against fundamental rights and the possibility for governments and trade unions to ensure non-discrimination and equal treatment~~therefore the fundamental right to take collective action must be reconciled with this freedom;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 3

3. Emphasises that the freedom to provide services is not superior to the fundamental right for trade unions to take industrial action~~; especially, since this is a constitutional right in several Member Stat~~, but at the same time it points out that the right to take collective actions should not lead to the restrictions to the freedom to provide services;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 6

6. ~~Points out~~Stresses that recital 22 in the PWD states that ~~provisions laid down in the PWD should have no effect on the right to take industrial act~~the directive is without prejudice to the law of the Member States concerning collective action to defend the interests of trades and professions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 8

8. Underlines the importance of not allowing the verdicts to negatively effect labour market models that already today are able to combine a high degree of flexibility on the labour market with a high level of security and, instead, of further promoting this approachlabour market models that already today combine flexibility with security;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 9

9. Underlines that the intention of the legislator in the PWD and Service Directive is not reflected in the ECJ verdicts, which, instead of protecting workers, is inviting unfair competition between companies; companies that sign and follow collective agreements will have a competitive disadvantage to companies that refuse to do soECJ rulings do not change the level of protection of posted workers provided by the Directive 96/71/EC; moreover they should not be regarded as an invitation to the unfair competition, especially by companies or social partners;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 10

10. ~~Regret~~Notes that ~~all conditions imposed on foreign employers~~in many cases foreign employers guarantee workers conditions which go above minimum level~~s a~~ fore seen ~~as obstacles to free movement~~by the Directive of Posting of Workers, if employees do not already receive more favourable conditions in the country of origin;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 11

11. ~~Question~~Recognizes the introduction of a proportionality principle in the Viking case for the right to use collective action against undertakings which, when using the right of establishment or the right to provide services across borders, deliberately undercut terms and conditions of employment; such a proportionality principle is not compatible with the character of this right as a fundamental right; there should be no question about the right of trade unions to use industrial action to uphold equal treatment and secure decent working conditions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 15

15. Is of the opinion that the limited legal basis of free movement of the PWD has led the ECJ to interpret the PWD in this way, creating an explicit invitation to unfair competition on wages and working conditions driving them downwards, which is in clear contradiction to the sPoints out that the freedom to provide services is indispensable part of market economy, which may be undermined by unfair competition; recalls that Posting of Workers Directive with its provisions setting out terms and conditions of employment guaranteed to workers posted to the host Member Stateds aims ~~of the PWD (~~to ensure a climate of fair competition); and the objective of the EU as established in the Treaty (improvement of living and working conditions); therefore, the legal basis of the PWD must be broadened to include a reference to the free movement of workers fair competition between different undertakings is necessary to accomplish Single Market within European Union;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 16

16. ~~Emphasis~~Recognizes that the current situation ~~could lead to a situation where workers in host countries will be pressured by low wage competition; this, in turn, could lead to xenophobia and counterproductive anger against the EU~~may raise certain concerns especially among trade union workers but strongly emphasises that their rights, as stipulated by existing collective bargaining arrangements, are maintained and not threatened; it calls on those actively involved in the public debate not to use further unnecessary and counterproductive rhetoric, which may only harm the achievements of European integration;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 17

17. Regrets that the ECJ fails to consider ILO convention 94, and fears that the ECJ judgement in Rüffert may impede the ratification of ILO 94; this would be counter to the further development of social clauses in public procurement regulations, which is an aim of the Public procurement directive 2004;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 18

18. Regrets that the ECJ fails to recognise ILO conventions 87 and 98; restrictions on the right to industrial action and fundamental rights can only be motivated with respect to health, public order and similar concerns;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 20

20. Underlines that the ECJ has interpreted EU legislation in a way that was not the intention of the legislators; calls on the Commission, the Council and the EP to take immediate action to ensure the necessary changes in EU legislation to change the new practise of the ECJ;deleted

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 21

21. Therefore calls on the Commission to take immediate action to make necessary changes in European legislation in order to counter the possible detrimental social, economical and political effects of the ECJ judgementsUnderlines that the ECJ rulings are indispensable for the correct, effective and uniform application of Community legislation and prevent divergent interpretations of EU law, therefore such rulings should not be regarded as the invitation to the change of law;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 22 b (new)

22b. Stresses there is no need to revise the provisions of Directive 96/71/EC on the posting of workers in the framework of the provision of services;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 23

23. Therefore calls on the Commission to review the PWD and consider the following issues: - a new legal basis for the PWD to better protect workers; workers posted within the framework of services should be regarded as using the right of freedom of movement of workers and not the free movement of services; - a possibility in the Directive for Member States to refer in law or collective agreements to the 'habitual wages' applicable in the place of work in the host country as defined in the ILO 94 and not only ‘minimum’ rates of pay; - a limit to the period of time during which workers can be considered as being 'posted' to a Member State other than the Member State of their ordinary place of work in the framework of services; after that period the rules on free movement of workers should apply, i.e. host country rules with regard to wages and working conditions have full application; - an even clearer expression that the Directive and other EU legislation do not prohibit Member States and trade unions from demanding more favourable conditions for the worker; and - the recognition of a wider range of methods of organizing labour markets than: - ensure that the PWD is correctly and uniformly implemented and applied in all Member States; - intensify work with Member States with a view to enhance administrative cooperation between competent national authorities of different Member States; - take appropriate actions against Member States that do not apply Community law in the area of posting of workers as interpreted by those cEur~~rently covered by Article 3(8)~~opean Court of Justice;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 24

24. Considers that Parliament, the Council and the Commission should adopt measures to combat ~~letterbox-companies, undertakings~~misuses, especially those performed by "letterbox-companies" which in fact may not be engaged in any genuine and ~~meaningful~~effective business in the country of ~~origin but~~establishment but are created, sometimes even directly by the main contractor in the host country, for the ~~sole~~ purpose of ~~offering ‘services’ to the host country, to avoid the full application of~~doing business in the host country, in order to evade host country rules and regulations especially with regard to wages and working conditions;

2008/06/10
Committee: EMPL

2008/2085(INI)

Motion for a resolution
Paragraph 25

25. Would welcome a move to summarize the social clauses that exist in the Monti directive and in the Service directive in a social clause, either through a protocol attached to the Treaty or in an inter- institutional agreement;deleted

2008/06/10
Committee: EMPL

2008/2035(INI)

Draft opinion
Paragraph 2 b (new)

2b. Considers that, in the case of workers benefiting from freedom of movement, undeclared work may be due to a lack of familiarity with the relevant provisions; calls therefore on the Member States to mount public information campaigns to raise awareness of this matter among workers and employers;

2008/07/01
Committee: IMCO

2008/2035(INI)

Draft opinion
Paragraph 3

3. Calls on the Commission to review Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services1, in particularMember States to reinforce administrative cooperation and exchanges of information between the competent national authorities (workplace inspectors, tax administrations, social security bodies) to prevent undeclared work and remedy the situation;

2008/07/01
Committee: IMCO

2008/2035(INI)

Draft opinion
Paragraph 4

4. Asks the Commission to ~~study the contribution that~~consider whether the systems put in place by Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, including points of single contact, could ~~make to~~be useful and operational for the purposes of the fight against undeclared work;

2008/07/01
Committee: IMCO

2008/2035(INI)

Draft opinion
Paragraph 5

5. Stresses that the number of cases of undeclared work in subcontracting chains ~~could be substantially cut by a system placing greater responsibility on contractors and developers.~~might be cut by a system of national provisions requiring contractors and developers to act responsibly and fairly;

2008/07/01
Committee: IMCO

2008/2035(INI)

Draft opinion
Paragraph 5 b (new)

5b. Calls on the Member States to work together to reduce the amount of undeclared work and to implement policies suited to their specific requirements;

2008/07/01
Committee: IMCO

2008/2035(INI)

Draft opinion
Paragraph 5 c (new)

5c. Urges the Member States to carry out an analysis of the legal provisions that act as a barrier to legal employment and to make the necessary changes to those provisions, with a view in particular to helping to reduce labour costs, especially for small and medium-sized enterprises;

2008/07/01
Committee: IMCO

2008/2035(INI)

Draft opinion
Paragraph 5 d (new)

5d. Encourages Member States to make use of the policy tools they have at their disposal which combine both preventive action and sanctions aiming at transforming undeclared work into regular employment, and where possible to coordinate the use of those tools in order to achieve greater coherence throughout the internal market.

2008/07/01
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Recital 16

(16) The definition of durable medium should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of the computer on which the electronic mail or ~~a pdf file is stored~~files saved in unmodified form are stored for future reference. Internet sites as such should not be regarded as durable medium unless such sites meet the criteria specified above.

2010/10/25
Committee: IMCO

2008/0196(COD)

Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Sandra KALNIETE, Lara COMI, Pablo ARIAS ECHEVERRÍA

Proposal for a directive
Article 5 – paragraph 1 – point b a (new)

(ba) the business address of the trader plus his telephone or fax number or email address, where available so that the consumer can contact the trader quickly and communicate with him efficiently;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 5 – paragraph 1 – point i a (new)

(ia) the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the business is subject, and the methods for having access to it, where applicable.

2010/10/25
Committee: IMCO

2008/0196(COD)

Andreas SCHWAB, Wim van de CAMP, Konstantinos POUPAKIS, Małgorzata HANDZLIK, Sandra KALNIETE, Lara COMI, Pablo ARIAS ECHEVERRÍA

Proposal for a directive
Article 5 – paragraph 3 e (new)

3e. Article 5 is without prejudice to Directive 2000/31/EC of the European Parliament and of the Council.

2010/10/25
Committee: IMCO

2008/0196(COD)

Rafał TRZASKOWSKI, Sandra KALNIETE, Małgorzata HANDZLIK

Proposal for a directive
Article 10 – paragraph 1

1. With respect to off-premises contracts, the information provided for in Article 9 shall be given in ~~the order form~~good time before the conclusion of the contract in plain and intelligible language and be legible. ~~The order form shall include the standard withdrawal form set out in Annex I(B).~~

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1 a (new)

If a consumer wishes the provision of service to begin during the withdrawal period, he shall make such a request to the trader on a durable medium.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 10 – paragraph 3 a (new)

3a. The requirements of Article 10 are considered fulfilled in repeat sales transactions between the same trader and consumer using either distance or off- premises contracts, provided the consumer has had the opportunity in person to see or have demonstrated the goods or services that are the subject of the transaction, and provided that the requirements of Article 10 have been observed with respect to a previous transaction.

2010/10/25
Committee: IMCO

2008/0196(COD)

Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Sandra KALNIETE

Proposal for a directive
Article 11 – paragraph 1

1. With respect to distance contracts, the information provided for in Article 9(a) shall be given or made available to the consumer ~~prior to~~in good time before the conclusion of the contract, in plain and intelligible language and be legible, in a way appropriate to the means of distance communication used.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 11 – paragraph 4 a (new)

4a. If a consumer wishes the provision of service to begin during the withdrawal period, he shall make such a request to the trader on a durable medium.

2010/10/25
Committee: IMCO

2008/0196(COD)

Andreas SCHWAB, Wim van de CAMP, Rafał TRZASKOWSKI, Konstantinos POUPAKIS, Małgorzata HANDZLIK, Anna Maria CORAZZA BILDT

Proposal for a directive
Article 12 – paragraph 1 a (new)

1a. Save as otherwise provided, the withdrawal period shall begin from the day of the conclusion of the contract or on the day on which the consumer receives a copy of the signed contract on a durable medium, if this is not the day of conclusion of the contract.

2010/10/25
Committee: IMCO

2008/0196(COD)

Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK

Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1

In the case of an distance or off-premises contract for the supply of goods, the withdrawal period shall begin from the day ~~when~~on which the consumer ~~signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable medium~~or a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered. Where goods are supplied in more than one delivery, the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires the material possession of the first partial shipment.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2 a (new)

In the case of delivery of a good consisting of several parts or pieces, the withdrawal period shall be calculated from the day on which the consumer receives the last part or piece.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 13

If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire ~~three~~six months after the trader has fully performed his other contractual obligations.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 1

TBefore the expiry of the withdrawal period the consumer shall inform the trader of his decision to withdraw ~~on a durable medium either in a statement addressed to the trader drafted in his own words o~~. For this purpose the consumer must: a) either us~~ing~~e the standard withdrawal form as set out in Annex I (B) b)or make any other clearly worded statement on a durable medium.

2010/10/25
Committee: IMCO

2008/0196(COD)

Andreas SCHWAB, Wim van de CAMP, Małgorzata HANDZLIK

Proposal for a directive
Article 14 – paragraph 1 – subparagraph 2 a (new)

Additionally, in the case of the provision of a service online, where such service provides for a means of withdrawal via that service itself, the consumer must be able to use that means.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 16 – paragraph 2

2. For ~~sales contract~~distance or off-premises contracts for the supply of goods, the trader may ~~withhold~~make the reimbursement ~~until he has received or collected the goods back, or the consumer has supplied evidence of having sent back the goods, whichever is the earliest~~conditional upon the return of the goods.

2010/10/25
Committee: IMCO

2008/0196(COD)

Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Sandra KALNIETE

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1

For sales contracts for which the material possession of the goods has been transferred to the consumer or at his request, to a third party before the expiration of the withdrawal period, the consumer shall send back the goods or hand them over to the trader or to a person authorised by the trader to receive them, within ~~fourte~~seven days from the day on which he communicates his withdrawal to the trader, unless the trader has offered to collect the goods himself.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 17 – paragraph 2

2. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods. He shall not be liable for diminished value where the trader has failed to provide notice of the withdrawal right in accordance with Article 9(b). For service contracts subject to a right of withdrawal, the consumer shall bear no cost for services performed, in full or in part, during the withdrawal period when the trader has failed to provide information in accordance to Article 5.1(e) or when the consumer has not requested the performance of the service to begin during the withdrawal period in accordance to Article 10.2 (a) or 11. 4(a).

2010/10/25
Committee: IMCO

2008/0196(COD)

Rafał TRZASKOWSKI, Sandra KALNIETE, Małgorzata HANDZLIK

Proposal for a directive
Article 19 – paragraph 1 – point a

~~(a) services where performance has begun, with the consumer's prior express consent, before the end of the fourteen day period referred to in Article 12;~~deleted

2010/10/25
Committee: IMCO

2008/0196(COD)

Andreas SCHWAB, Wim van de CAMP, Małgorzata HANDZLIK, Lara COMI

Proposal for a directive
Article 19 – paragraph 1 – point c b (new)

(cb) contracts which, in accordance with the provisions of the Member States, are certified by a public office-holder who has a statutory obligation to be independent and impartial and must ensure, by providing comprehensive legal information, that the consumer only concludes the contract on the basis of careful consideration and with knowledge of its legal scope;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point f

(f) the supply of newspapers, periodicals and magazines with the exception of subscription contracts;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 19 – paragraph 1 – point g

(g) gambling a~~nd lottery ser~~ctivictes;

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 22 – paragraph 2

2. Where the trader has failed to fulfil his obligations to deliver, the consumer ~~shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1~~may call upon him, on a durable medium, to make the delivery within a period appropriate to the circumstances, which may not be less than seven days. If, on expiry of that period, no action has been taken, it shall be assumed that the consumer has withdrawn from the contract unless, prior to such expiry, the consumer states on a durable medium that he has not availed himself of his right to withdraw from the contract; any such statement shall have legal effect if it was sent before the period expired. A consumer who has already made payment shall be entitled to a refund of any sums paid within seven days from the day on which he withdrew from the sales contract. This shall be without prejudice to the consumer's right to claim damages.

2010/10/25
Committee: IMCO

2008/0196(COD)

Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Sandra KALNIETE, Pablo ARIAS ECHEVERRÍA

Proposal for a directive
Article 24 – paragraph 2 – point d a (new)

(da) they have been packaged in such a way as to obviate damage to the goods.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 24 – paragraph 4 – point b

(b) by the time of conclusion of the contract the statement had been corrected in a manner equivalent to that in which it was made or at least prominently in the contract document;

2010/10/25
Committee: IMCO

2008/0196(COD)

Andreas SCHWAB, Rafał TRZASKOWSKI, Małgorzata HANDZLIK, Sandra KALNIETE, Pablo ARIAS ECHEVERRÍA

Proposal for a directive
Article 26 – paragraph 1 d (new)

1d. With regard to digital services, when technical problems may cause the download to be delayed or not delivered within a reasonable period or prevented from downloading, the consumer is entitled to a replacement or refund of the digital content.

2010/10/25
Committee: IMCO

2008/0196(COD)

Proposal for a directive
Article 26 – paragraph 4 – introductory part

4. TWithout prejudice to paragraph 5(b), the consumer may insist on a reaso~~rt to any remedy available under paragraph 1, where one of the following situations exists:~~nable reduction in price or rescission of the contract, where one of the following situations exists: (a) the consumer is entitled to neither repair nor replacement; (aa) the trader has refused explicitly or by his conduct to remedy the lack of conformity; (b) the trader has failed to remedy the lack of conformity within a reasonable time; (c) the trader has remedied the lack of conformity, causing significant inconvenience to the consumer; (d) the same defect has reappeared more than once within a short time of the repair.

2010/10/25
Committee: IMCO

2008/0196(COD)