458 Amendments of Zuzana ROITHOVÁ
Amendment 85 #
2013/2093(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to propose EU legislation aimed at prohibiting below- cost selling in the food sector and to provide a definition of ‘economic dependency’ which should make both Member States and the business community more vigilant in respect of UTPspose appropriate legislative changes to EU competition legislation to accommodate a wide definition of ‘economic dependency’ which can lead to companies accumulating buying power;
Amendment 7 #
2013/2090(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the creation of the first College of Nursing and Midwifery at the Juba teaching hospital, but notes that more qualified nurses and midwives are needed to ensure significant improvement of maternal and child health;
Amendment 9 #
2013/2090(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the South Sudanese authorities to ensure that police and judicial staff are better trained to prevent and deal with crimes and violence against women;
Amendment 11 #
2013/2090(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the South Sudanese authorities to adopt laws which will criminalise all forms of violence against women as well as the forced marriage of a minor and condemn all marriag, to adopt in the future family law provisions establishing the minvolving girls under the imum legal age for marriage ofas 18 years,, to guarantee the safety of women and to ensure the conviction of the perpetrators of crimes;
Amendment 18 #
2013/2061(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that, since one of the main objectives of the e-health Action Plan is to ensure equal access to healthcare services for all citizens of the Union, measures should be taken as a matter of urgency to close the digital gap between the different regions of the Member States and between urban and rural populations and, more particularly, to tackle disparities as regards women’s access to ICTs within Member States by women, the elderly, people with disabilities and people from disadvantaged groups in society;
Amendment 1 #
2013/2040(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 1 #
2013/2040(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the Preamble and to Articles 2, 12, and 24 of the Convention on the Rights of the Child, adopted in 1989, which refer to non- discrimination, the right of the child to be heard, and the protection of maternal, infant and child health, in addition to developing family planning education and services,
Amendment 2 #
2013/2040(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Declaration of the Right of the Child1 which states that the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth, __________________ 1 Adopted by UN General Assembly Resolution 1386 (XIV) of 10 December 1959
Amendment 3 #
2013/2040(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 4 #
2013/2040(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Asserts that, when implementing the specific clauses on the prohibition on coercion or compulsion in sexual and reproductive health matters agreed on at the Cairo International Conference on Population and Development, as well as the legally binding international human rights instruments, the EU acquis communautaire and the Union policy competencies in these matters, Union assistance should not be provided to any authority, organisation or programme which promotes, supports or participates in the management of any action which involves such human rights abuses as coercive abortion, forced sterilisation of women and men, determining foetal sex resulting in prenatal sex selection or infanticide;
Amendment 5 #
2013/2040(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. States that every child, regardless of sex, has the right to appropriate legal protection before as well as after birth1, survival and development, and reaffirms that female children have equal status under the UN Convention on the Rights of the Child; calls on EU delegations in developing countries to work with the governments of those countries to ensure that girl children enjoy their rights without discrimination found on their sex, inter alia by ending the unethical and discriminatory practices of prenatal sex selection, abortion of female foetuses, female infanticide, early forced marriage, female genital mutilation; __________________ 1 Declaration of the Rights of the Child, Adopted by UN General Assembly Resolution 1386 (XIV) of 10 December 1959.
Amendment 5 #
2013/2040(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the US House of Representatives Congressional Record Extension of Remarks entitled "Documents reveal deceptive practices by abortion lobby" on 8 December 2003, demonstrating how abortion promotion groups are planning to push abortion not by direct argument but by twisting words and definitions and bypassing national laws;
Amendment 6 #
2013/2040(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the report of the Parliamentary Assembly of the Council of Europe (PACE) on Prenatal sex selection on 16 September 2011
Amendment 7 #
2013/2040(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Reminds that the European Court of Justice held in judgment C-34/10 that any human ovum after fertilization constitutes a human embryo, and that an human embryo constitutes a precise stadium in the development of the human body;
Amendment 7 #
2013/2040(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to the Parliamentary Assembly of the Council of Europe (PACE) resolution 1763 (2010) of 7 October 2010 "The right to conscientious objection in lawful medical care";
Amendment 8 #
2013/2040(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. UrgInvites the Commission, in this context, to maintain in its development priorities the removal of all barriers to allow access to quality, affordable, acceptable and accessible sexuprenatal and reproductivematernal health care services (SRHSs) and education, including voluntary family planning, safe abortion, and youth-friendly service, relational, affective and sexual education for boys and girls under the prior responsibility of their parents1, voluntary family planning including natural family planning methods, while combating gendersex based discrimination leading to sex-selective and involuntary abortions, forced sterilization and sexual violence, as well as ensuring the provision of SRH supplies,prenatal and maternal health care supplies, including HIV prevention, treatment, care and support, without discrimination; __________________ 1 "Parents have a prior right to choose the kind of education that shall be given to their children." Art 26.3 of UNGASS Resolution 217 A (III) of 10 December 1948 (Universal Declaration of Human Rights)
Amendment 8 #
2013/2040(INI)
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
- having regard to Parliamentary Assembly of the Council of Europe (PACE) motion for resolution of 11 May 2010 on 'Sex-selective abortion – 'Gendercide'', inviting its Member States to 'condemn sex-selective abortion, wherever and whenever it occurs',
Amendment 9 #
2013/2040(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
- having regard to Art. 168 (7) of the Treaty of the Functioning of the European Union stating that Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care;
Amendment 10 #
2013/2040(INI)
Motion for a resolution
Citation 21
Citation 21
– having regard to the Charter of Fundamental Rights of the European Union, especially Article 10 (Freedom of thought, conscience and religion) recognizing the right to conscientious objection;
Amendment 12 #
2013/2040(INI)
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to ECJ ruling C-34/10 stating that as a matter of scientific fact a new human life begins at conception, and that the human embryo constitutes a precise stage in the development of the human body;
Amendment 13 #
2013/2040(INI)
Motion for a resolution
Citation 26
Citation 26
– having regard to its resolutions of 29 September 19944 on the outcome of the Cairo International Conference on Population and Development, and 4 July 19965 on the follow-up to that Conference, and the numerous reservations expressed by States especially on the issue of SRHR and abortion,
Amendment 15 #
2013/2040(INI)
Motion for a resolution
Citation 32 a (new)
Citation 32 a (new)
- having regard to its recommendation to the Council of 13 June 2013 on the draft EU Guidelines on the Promotion and Protection of Freedom of Religion or Belief (P7_TA(2013)027);
Amendment 17 #
2013/2040(INI)
Motion for a resolution
Recital A
Recital A
A. whereas sexual and reproductive rights are human rights, the violations of which constitute breaches of women's and girls' rights to equalitywomen and girls are entitled to enjoy equal opportunities, non- discrimination based on sex, dignity and health, and freedom from inhuman and degrading treatment;
Amendment 20 #
2013/2040(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas there is no international legal obligation to provide access to abortion based on any ground, including but not limited to health, privacy, non- discrimination or sexual autonomy;
Amendment 22 #
2013/2040(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas the Preamble of the Universal Declaration of Human Rights states: "Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world," and UDHR Article 3 states, "Everyone has the right to life, liberty and security of person.";
Amendment 23 #
2013/2040(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
A c. whereas the International Covenant on Civil and Political Rights (ICCPR) implicitly recognizes the human rights of unborn children by providing in Article 6 that capital punishment "shall not be carried out on pregnant women.";
Amendment 28 #
2013/2040(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas no international legally binding treaties or conventions define the term "sexual and reproductive health and rights" ; whereas the WHO dictionary demonstrates the "inclusive language" approach: "sexual and reproductive health" includes "methods of fertility regulation" which includes "termination of pregnancies (abortion)"
Amendment 31 #
2013/2040(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission and the EEAS to fully respect the reservations on SHRH expressed by national governments in the concerned international treaties, conventions and programs;
Amendment 32 #
2013/2040(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Further reaffirms the sovereign right of each country to implement the recommendations of the Cairo ICPD Programme of Action or other proposals in the present resolution, consistent with national laws and development priorities, with full respect for the various religious and ethical values and cultural backgrounds of its people, and in conformity with universally recognized international human rights;
Amendment 33 #
2013/2040(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. upholds the human right to conscientious objection as outlined in Art 18 of the Universal Declaration of Human Rights and Art 10 of the EU Charter of Fundamental Rights, highlights therefore that no person, hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion, the performance of a human miscarriage, or any act which could cause the death of a human foetus or embryo, for any reason; affirms the right of conscientious objection together with the responsibility of the state to ensure that patients are able to access lawful medical care in a timely manner in particular in cases of emergency;
Amendment 34 #
2013/2040(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. reminds § 8.25 of the Programme of Action of the International Conference on Population and Development stating: "In no case should abortion be promoted as a method of family planning. (...) Prevention of unwanted pregnancies must always be given the highest priority and every attempt should be made to eliminate the need for abortion. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counselling. Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process."
Amendment 67 #
2013/2040(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas UN Treaty monitoring bodies have no competency to interpret these treaties in ways that create new State obligations or that alter the substance of the treaties; accordingly, any UN treaty monitoring body that interprets a treaty to include a right to abortion acts beyond its authority and contrary to its mandate ; whereas such ultra vires acts do not create any legal obligations for states parties to the treaty, nor should states accept them as contributing to the formation of new customary international law;
Amendment 71 #
2013/2040(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that ‘health is a fundamental human right indispensable for the exercise of other human rights’ and that the EU cannot reach the highest attainable standard of health unless the SRHR of all are fully acknowledged and promoted;
Amendment 73 #
2013/2040(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 94 #
2013/2040(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that even though it is a competence of Member States to formulate and implement policies on SRHR, the EU can exercise policy-making competence in the area of public health and of non- discrimination, and support better implementation of sexual and reproductive rights;
Amendment 98 #
2013/2040(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Asserts that, when implementing the specific clauses on the prohibition on coercion or compulsion in sexual and reproductive health matters agreed on at the Cairo International Conference on Population and Development, as well as the legally binding international human rights instruments, the EU acquis communautaire and the Union policy competencies in these matters, Union assistance should not be provided to any authority, organisation or programme which promotes, supports or participates in the management of any action which involves such human rights abuses as coercive abortion, forced sterilisation of women and men, determining foetal sex resulting in prenatal sex selection or infanticide;
Amendment 117 #
2013/2040(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. recalls that there exists no "human right to abortion" under international law, either by way of treaty obligation or under customary international law, and recalls that no international legally binding United Nations treaty can accurately be cited as establishing or recognizing a right to abortion;
Amendment 119 #
2013/2040(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
upholds the universal human right to conscientious objection together with the responsibility of the State to ensure that patients are able to access lawful medical care in a timely manner in particular in cases of emergency prenatal and maternal health care, and recalls that no person, hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion or any act which could cause the death of a human foetus or embryo, for any reason;
Amendment 123 #
2013/2040(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Urges the Member States to include the promotion of natural family planning methods in their public health policy;
Amendment 126 #
2013/2040(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that in no case must abortion be promoted as a family planning method; and recalls that following internationally legally binding obligations every child regardless of sex has the right to appropriate legal protection before as well after birth;
Amendment 131 #
2013/2040(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 135 #
2013/2040(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. recalls that abortion is not mentioned in any internationally binding UN human rights treaty;
Amendment 137 #
2013/2040(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 160 #
2013/2040(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States to ensure compulsory,propose age-appropriate and gender- sensitive sexuality and relationship education for all children and adolescents (both in and out of school)sex-specific sexuality, affective and relationship education for adolescents; recalls - with regard to the principle of "Public Policy Doctrine" and internationally accepted standards - that parents or legal guardians of a child have the liberty to ensure that their children receive an education in conformity with their own convictions, and that the child shall not be compelled to receive teaching on sexuality education including the promotion of SHRH and abortion against the wishes of his or her parents or legal guardians, the best interests of the child being the guiding principle; recalls that the right of parents to educate their children according to their religious or non-religious convictions includes their right to deny any undue interference by state or non-state actors in their education;
Amendment 167 #
2013/2040(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that sexuality education mustay include the teaching of natural family planning methods, the fight against stereotypes and prejudices, shed light on gender and sexual orientation discrimination, based on sex and structural barriers to substantive equality, as well as emphasise mutual respect and shared responsibility;
Amendment 173 #
2013/2040(INI)
Motion for a resolution
Subheading 4
Subheading 4
As regards STI prevention and treatment of STI and Post Abortion Stress Syndrome (PASS)
Amendment 179 #
2013/2040(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Urges the Member States to ensure access to non-judgmental information about the post abortion stress syndrome (PASS) as well as immediate and universal access PASS treatments, provided in a safe and non-judgmental manner;
Amendment 181 #
2013/2040(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to address the specific SRHRneeds for prenatal and maternal health of people living with HIV/AIDS, with a focus on the needs of women, notably by integrating access to testing and treatment and reversing the underlying socioeconomic factors contributing to the risk to women of HIV/AIDS, such as gender inequality and discrimination;
Amendment 186 #
2013/2040(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns any violation of the bodily integrity of women, as well as harmful practices intended to control women's sexuality and reproductive self- determination; underlines that these are serious human rights violations that the Member States have a responsibility to urgently address;
Amendment 197 #
2013/2040(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reminds the Member States that investments in reproductiveprenatal and maternal health and natural family planning are among the most cost- effective, in terms of development, and the most effective ways to promote the sustainable development of a country;
Amendment 209 #
2013/2040(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. calls on EU delegations in developing countries to work with the governments of those countries to ensure that girl children enjoy their rights without discrimination based on their sex, inter alia by ending the unethical and discriminatory practices of prenatal sex selection, abortion of female foetuses, female infanticide, early forced marriage, female genital mutilation;
Amendment 212 #
2013/2040(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Invites the Commission to maintain in its development priorities the access to quality, affordable, acceptable and accessible prenatal and maternal health care services, relational, affective and sexual education for boys and girls under the prior responsibility of their parents1, voluntary family planning including natural family planning methods, while combating sex based discrimination leading to sex-selective and involuntary abortions, forced sterilization and sexual violence, as well as ensuring the provision of prenatal and maternal health care supplies, including HIV prevention, treatment, care and support without discrimination; __________________ 1 "Parents have a prior right to choose the kind of education that shall be given to their children." Art 26.3 of UNGASS Resolution 217 A (III) of 10 December 1948 (Universal Declaration of Human Rights)
Amendment 215 #
2013/2040(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. Urges the Commission and the EEAS to fully respect the reservations on SHRH and abortion expressed by national governments in the concerned international treaties, conventions and programs;
Amendment 216 #
2013/2040(INI)
Motion for a resolution
Paragraph 23 d (new)
Paragraph 23 d (new)
23 d. Further reaffirms the sovereign right of each State to implement the proposals of the present resolution in conformity with its own national laws and with full respect for the various religious and ethical values and cultural backgrounds of its people (Public Policy Doctrine) and in conformity with universally recognized international human rights;
Amendment 217 #
2013/2040(INI)
Motion for a resolution
Paragraph 23 e (new)
Paragraph 23 e (new)
23 e. recalls § 8.25 of the Programme of Action of the International Conference on Population and Development stating: "In no case should abortion be promoted as a method of family planning. (...) Prevention of unwanted pregnancies must always be given the highest priority and every attempt should be made to eliminate the need for abortion. Women who have unwanted pregnancies should have ready access to reliable information and compassionate counselling. Any measures or changes related to abortion within the health system can only be determined at the national or local level according to the national legislative process."
Amendment 5 #
2013/2005(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that a competition-driven open European energy market will make for lower prices, as well as enhancing Europe’s competitiveness and contributing to economic growth and consumers’ well- being, and that, in order to bring this about, the remaining physical, statutory, and or regulatory barriers to market efficiency need to be removed urgently;
Amendment 12 #
2013/2005(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. UNotes that as a result of the inadequate transposition of the third energy package internal market legislation in the energy sphere has not yet generated its full benefits for internal market actors and no cross-border internal energy market yet exists; urges the Commission, to take steps to bring competition rules to bear on the energy sector, especially as regards the delayed transposition and implementation of the third energy packagherefore, to use all the means at its disposal to guarantee the transposition and implementation of the third energy package, which has been delayed; points out that enforcement of competition rules can contribute to greater security of supply if it serves to facilitate market access and encourage investment; urges the Commission, therefore, to be resolute in continuing the steps taken in the light of the sector inquiry to bring competition rules to bear on the energy sector; welcomes, in that connection, the ongoing competition law procedures in the energy sector, the aim of which is to ensure that the objective of completing the internal energy market in 2014 is achieved and that the obstacles to competition re- established by energy suppliers are eliminated; points out that national regulatory and anti-trust authorities play a decisive role in implementing EU rules, and encourages the Member States to endow these authorities with the financial and human resources they require;
Amendment 18 #
2013/2005(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to take steps to eliminate market fragmentation and distortions by phasing out direct and indirect fossil fuel subsidies and doing away with regulated consumer energy prices; calls on the Commission, in that connection, to check whether the laws in force in some Member States, which, by granting exclusive rights, create supplier monopolies and thus lead to lower levels of competition and higher consumer prices, are consistent with the Treaties; points to the need to move gradually towards consistency among renewable energy support schemes in the Member States and to promote capacity mechanisms that work efficiently in a cross-border context; emphasises that in this connection great care must be taken to determine precisely which capacity- safeguarding measures are necessary and make sense;
Amendment 26 #
2013/2005(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that as a result of the failure to transpose the third energy package and obstacles to competition which still persist market liberalisation has not resulted in significant options or lower prices for final consumers and households; urges the Commission to take steps to improve transparencyclarify consumers’ rights, to improve transparency as regards pricing and billing, information, and freedom of consumer choice and to protect vulnerable consumers; advocates support for new arrangements making for effective dispute resolution and restoring the balance of bargaining power between final consumers and suppliers.consumers;
Amendment 32 #
2013/2005(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that smart metering systems and variable electricity tariffs can offer consumers an incentive to reduce their consumption, and therefore their bills, and can make for greater transparency; emphasises, however, at the same time, that the introduction of such metering systems must be preceded by a detailed assessment of, in particular, the real potential for savings, interoperability or the data protection implications;
Amendment 37 #
2013/2005(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls for the prompt transposition of the recently adopted directive on alternative dispute resolution and regulation on online dispute resolution, which are designed to guarantee improved universal EU-wide access to dispute resolution bodies, also in connection with energy-related matters, to ensure that disputes can be settled quickly, simply and cheaply and to restore the balance of bargaining power between final consumers and suppliers;
Amendment 38 #
2013/0124(COD)
Proposal for a directive
Recital 5
Recital 5
(5) However, the effective exercise of the freedom of movement of workers is still a major challenge and many workers are very often unaware of their rights to free movement. They still suffer from discrimination on the grounds of nationality when moving across European Union borders of the Member States. There is, therefore, a gap between the legislation and its application in practice that needs to be addressed, as shown by the statistics for citizens' problems resolved in the framework of the SOLVIT European system.
Amendment 42 #
2013/0081(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should promote the Union as an attractive location for research and innovation and advance the Union in the global competition for talent, and, in so doing, ensure an increase in the Union's overall competitiveness and growth rates while creating jobs that make a larger contribution to GDP growth. Opening the Union up to third-country nationals who may be admitted for the purposes of research is also part of the Innovation Union flagship initiative. Creating an open labour market for Union researchers and for researchers from third countries was also affirmed as a key aim of the European Research Area (ERA), a unified area, in which researchers, scientific knowldedge and technology circulate freely.
Amendment 108 #
2013/0027(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The magnitude and frequency of deliberate or accidental security incidents is increasing drastically and represents a major threat to the functioning of networks and information systems. Such incidents can impede the pursuit of economic activities, generate substantial financial losses, undermine user confidence and impinge on their private lives, result in a violation of the fundamental rights and freedoms of EU citizens and cause major damage to the economy of the Union.
Amendment 109 #
2013/0027(COD)
Proposal for a directive
Recital 3
Recital 3
(3) As a communication instrument without frontiers, digital information systems, and primarily the Internet play an essential role in facilitating the cross- border movement of goods, services and people, people and capital. Due to that transnational nature, substantial disruption of those systems in one Member State can also affect other Member States and the Union as a whole. The resilience and, stability and interconnectedness of network and information systems is therefore essential to the smooth functioning of the internal market.
Amendment 416 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
a) available scientific studies on toxicity, impact on passive smoking, addictiveness and attractiveness of the product, in particular as regards its ingredients and emissions;
Amendment 417 #
2012/0366(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The Member States shall require manufacturers and importers of tobacco products to submit the information required under paragraph 1, points (a) to (c), to their competent agencies after the content and conclusions have been verified by independent scientific facilities.
Amendment 51 #
2011/0358(COD)
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49a) The harmonised standards relevant to this Directive should also fully take into account the United Nations Convention on the Rights of Persons with Disabilities, signed by the European Union on 23 December 2010.
Amendment 58 #
2011/0358(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by customers and market surveillance authorities, and the address at which they can be contacted on the pyrotechnic article or, where that is not possible, on its packaging or in a document accompanying the pyrotechnic article.
Amendment 40 #
2011/0357(COD)
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) The harmonised standards relevant to this Directive should also fully take into account the United Nations Convention on the Rights of Persons with Disabilities, signed by the European Union on 23 December 2010.
Amendment 41 #
2011/0357(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by customers and market surveillance authorities, and the address at which they can be contacted on the electrical equipment or, where that is not possible, on its packaging or in a document accompanying the electrical equipment. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 42 #
2011/0357(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by customers and market surveillance authorities, and the address at which they can be contacted on the electrical equipment or, where that is not possible, on its packaging or in a document accompanying the electrical equipment.
Amendment 45 #
2011/0357(COD)
Proposal for a directive
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Where, within twohree months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Amendment 48 #
2011/0357(COD)
Proposal for a directive
Annex IV – point 1
Annex IV – point 1
1. No xxxxxx (unique identification of the electric equipmentdeclaration):
Amendment 29 #
2011/0356(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘technical specification’ means a document that prescribes technical requirements to be fulfilled by a product, or process or service;
Amendment 30 #
2011/0356(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘conformity assessment’ means the process demonstrating whether the essential health and safety requirements relating to a product, process, service or system have been fulfilled;
Amendment 31 #
2011/0356(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. When placing their products on the market or putting them into service, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential health and safety requirements set out in Annex II.
Amendment 32 #
2011/0356(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 33 #
2011/0356(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
2. Before placing a product on the market or putting it into service, importers shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the product bears the CE marking and the specific marking of explosion protection and is accompanied by the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6).
Amendment 34 #
2011/0356(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product.
Amendment 35 #
2011/0356(COD)
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
Economic operators shall, on request, identspecify the following to the market surveillance authorities, for at least 10 years after the product has been placed on the market:
Amendment 44 #
2011/0356(COD)
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Where a notification is not based on an accreditation certificate as referred to in Article 24(2), the notifying authority shall provide the Commission and the other Member States with documentary evidence which attests to the conformity assessment body's competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 21.
Amendment 46 #
2011/0356(COD)
Proposal for a directive
Article 35 – paragraph 4 – subparagraph 1
Article 35 – paragraph 4 – subparagraph 1
4. Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the being made availablemaking available of the product on their national market, to withdraw the product from that market or to recall it.
Amendment 47 #
2011/0356(COD)
Proposal for a directive
Article 35 – paragraph 5 – point a
Article 35 – paragraph 5 – point a
(a) failure of the product to meet requirements relating to the health or safety of persons or to other aspects of public interest protection laid down in this Directive; or
Amendment 48 #
2011/0356(COD)
Proposal for a directive
Article 35 – paragraph 5 – point b
Article 35 – paragraph 5 – point b
(b) shortcomings in the harmonised standards referred to in Annex IIrticle 12 conferring a presumption of conformity.
Amendment 49 #
2011/0356(COD)
Proposal for a directive
Article 35 – paragraph 7
Article 35 – paragraph 7
7. Where, within 2three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Amendment 36 #
2011/0354(COD)
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) The harmonised standards relevant to this Directive should also fully take into account the United Nations Convention on the Rights of Persons with Disabilities, signed by the European Union on 23 December 2010.
Amendment 38 #
2011/0354(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on his behalf in relation to specificed tasks;
Amendment 39 #
2011/0354(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12 a (new)
Article 2 – paragraph 1 – point 12 a (new)
(12a) 'accreditation' shall have the meaning assigned to it by Regulation (EC) No 765/2008;
Amendment 40 #
2011/0354(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12 b (new)
Article 2 – paragraph 1 – point 12 b (new)
(12b) 'national accreditation body' shall have the meaning assigned to it by Regulation (EC) No 765/2008;
Amendment 41 #
2011/0354(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
Amendment 42 #
2011/0354(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘conformity assessment’ means the process demonstrating whether the essential health and safety requirements set out in Annex Ithis Directive relating to a lift or a safety component for lifts, process and system have been fulfilled;
Amendment 43 #
2011/0354(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘recall’ means any measure aimed at achieving the return of a safety component for lifts that has already been made available to the installer or end-user;
Amendment 44 #
2011/0354(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘withdrawal’ means any measure aimed at preventing a lift from being placedmade available on the market or a safety component for lifts from being made available on the market;
Amendment 47 #
2011/0354(COD)
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Installers shall ensure that the lift is accompanied by the instruction for uses and safety information referred to in point 6.2 of Annex I, in a language which can easily be understood by end-users, as determined by the Member State in which the lift is installed.
Amendment 48 #
2011/0354(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity. Changes to product design or characteristics and changes to the harmonised standards or to technical specifications by reference to which conformity of a product is declared shall be adequately taken into account. When deemed appropriate with regard to the risks presented by a safety component for lifts, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of safety component for lifts made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming safety component for lifts and recalls of the safety component for lifts, and shall keep distributors and installers informed of any such monitoring.
Amendment 49 #
2011/0354(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by consumers and market surveillance authorities, and the address at which they can be contacted on the safety component for lifts or, where that is not possible, a label inseparably attached to the safety component for lifts. The address must indicate a single point at which the manufacturers can be contacted.
Amendment 50 #
2011/0354(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by consumers and market surveillance authorities, and the address at which they can be contacted on the safety component for lifts or, where that is not possible, on its packaging or in a document accompanying the safety component.
Amendment 52 #
2011/0354(COD)
Proposal for a directive
Article 19 – paragraph 3 – point c
Article 19 – paragraph 3 – point c
(c) the approval of the full quality assurance system referred to in Annex XI.
Amendment 53 #
2011/0354(COD)
Proposal for a directive
Article 19 – paragraph 4 – point a
Article 19 – paragraph 4 – point a
(a) the approval of the product quality assurance system referred to in Annex VI;
Amendment 54 #
2011/0354(COD)
Proposal for a directive
Article 19 – paragraph 4 – point b
Article 19 – paragraph 4 – point b
(b) the approval of the full quality assurance system referred to in Annex VII.
Amendment 55 #
2011/0354(COD)
Proposal for a directive
Article 19 – paragraph 4 – point b a (new)
Article 19 – paragraph 4 – point b a (new)
(ba) conformity to type with random checking for safety components for lifts referred to in Annex IX.
Amendment 64 #
2011/0354(COD)
Proposal for a directive
Article 38 – paragraph 4 – subparagraph 1
Article 38 – paragraph 4 – subparagraph 1
4. Where the installer does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to restrict the placing on their national market orand the putting into service.
Amendment 65 #
2011/0354(COD)
Proposal for a directive
Article 38 – paragraph 5 – point a
Article 38 – paragraph 5 – point a
(a) failure of the lift or the safety component for lifts to meet the essential health and safety requirements set out in Annex Ithis Directive;
Amendment 66 #
2011/0354(COD)
Proposal for a directive
Article 38 – paragraph 7
Article 38 – paragraph 7
7. Where, within 2three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Amendment 67 #
2011/0354(COD)
Proposal for a directive
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
2. If the national measure relating to a lift is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant lift is restricted to be placed on their national market orand put into service.
Amendment 68 #
2011/0354(COD)
Proposal for a directive
Article 41 – paragraph 1 – point a
Article 41 – paragraph 1 – point a
(a) the CE marking has been affixed in violation Article 30 of Regulation (EC) No 765/2008 or of Article 18 and 19 of this Directive;
Amendment 70 #
2011/0354(COD)
Proposal for a directive
Annex I – part 4 – point 4.8
Annex I – part 4 – point 4.8
4.8. The car shouldmust be adequately lit whenever in use or whenever a door is opened; there must also be emergency lighting.
Amendment 71 #
2011/0354(COD)
Proposal for a directive
Annex I – part 4 – point 4.9
Annex I – part 4 – point 4.9
4.9. The means of communication referred to in Point 4.5 and the emergency lighting referred to in Point 4.8 must be designed and constructed so as to function even without the normal power supply. Their period of operation shouldmust be long enough to allow normal operation of the rescue procedure.
Amendment 72 #
2011/0354(COD)
Proposal for a directive
Annex I – part 6 – point 6.2 – introductory part
Annex I – part 6 – point 6.2 – introductory part
6.2. Each lift must be accompanied by instructions for useand safety information drawn up in a language which can be easily understood by consumers and other end- users, as determined by the Member State concerned. ThoseSuch instructions for useand safety information, and any labelling, shall be clear, understandable and intelligible. The instructions and safety information shall contain at least the following documents:
Amendment 27 #
2011/0353(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) ‘sub-assembly’ means a hardware device, mentioned as such in the instrument-specific annexes, that functions independently and makes up a measuring instrument together with other sub- assemblies with which it is compatible, or with a measuring instrument with which it is compatible;
Amendment 28 #
2011/0353(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 7
Article 4 – paragraph 1 – point 7
(7) ‘putting into use’ means the first use of an measuring instrument intended for the end user for the purposes for which it was intended;
Amendment 29 #
2011/0353(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Where instrument-specific annexes exist, laying down the essential requirements for sub- assemblies, this Directive shall apply mutatis mutandis to such sub-assemblies.
Amendment 30 #
2011/0353(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Essential requirements and assessment of conformity
Amendment 31 #
2011/0353(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall ensure that their measuring instruments bear a type, batch or serial number or other element allowing their identification, or, where the size or nature of the measuring instrument does not allow it, that the required information is provided on the packaging or in a document accompanying the measuring instrument in accordance with point 9.2 of Annex I.
Amendment 32 #
2011/0353(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the measuring instrument or, where that is not possible, on its packaging or in a document accompanying the measuring instrument in accordance with point 9.2 of Annex I. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 34 #
2011/0353(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the measuring instrument or, where that is not possible, on its packaging or in a document accompanying the measuring instrument in accordance with point 9.2 of Annex I.
Amendment 36 #
2011/0353(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Where a normative document satisfies the requirements which it covers and which are set out in Annex I and in the relevant instrument specific Annexes, the Commission mayOn request by a Member State or on its own initiative , the Commission shall, where appropriate
Amendment 37 #
2011/0353(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
Amendment 38 #
2011/0353(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a (new)
Article 16 – paragraph 1 – point a (new)
(a) identify normative documents and, in a list, indicate the parts thereof that satisfy the requirements which they cover and which are set out in Annex I and in the relevant instrument-specific annexes
Amendment 39 #
2011/0353(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b (new)
Article 16 – paragraph 1 – point b (new)
(b) publish the reference of that normative document in the Official Journal of the European Union.
Amendment 41 #
2011/0353(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
The general principles set out in Article 30 of Regulation (EC) No 765/2008 shall apply, mutatis mutandis, to the supplementary metrology marking.
Amendment 43 #
2011/0353(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall notify the Commission and the other Member States of bodies authorised to carry out third- party conformity assessment tasks under this Directive. That notification shall include information on the kind(s) of measuring instrument(s) for which each body has been designated and, where relevant, the instrument accuracy classes, the measuring range, the measurement technology, and any other instrument characteristic limiting the scope of the notification.
Amendment 50 #
2011/0353(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The notification shall include information on the kinds of measuring instruments for which each body has been designated and, where relevant, the instrument accuracy classes, the measuring range, the measurement technology, and any other instrument characteristic limiting the scope of the notification. The notification shall include full details of the conformity assessment activities, the conformity assessment module or modules and measuring instrument or measuring instruments concerned and the relevant attestation of competence.
Amendment 53 #
2011/0353(COD)
Proposal for a directive
Article 42 – paragraph 4 – subparagraph 1
Article 42 – paragraph 4 – subparagraph 1
4. Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the measuring instrument's being made available on their national market, to withdraw the measuring instrument from that market or to recall it.
Amendment 54 #
2011/0353(COD)
Proposal for a directive
Article 42 – paragraph 7
Article 42 – paragraph 7
7. Where, within twohree months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Amendment 55 #
2011/0353(COD)
Proposal for a directive
Article 48 – paragraph 5
Article 48 – paragraph 5
5. A delegated act adopted pursuant to Article 467 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 57 #
2011/0353(COD)
Proposal for a directive
Annex I – point 9 – point 9.2
Annex I – point 9 – point 9.2
9.2. An instrument of dimensions too small or of too sensitive a composition to allow it to bear the relevant information shall have its packaging, if any, andor the accompanying documents required by the provisions of this Directive suitably marked.
Amendment 31 #
2011/0352(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘weighing instrument’ means a measuring instrument serving to determine the mass of a body by using the action of gravity on that body or. A weighing instrument may also servinge to determine other mass-related magnitudes, quantities, parameters or characteristics;
Amendment 33 #
2011/0352(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take all steps to ensure that only instruments that meet the applicable requirements of this Directive may be made available on the market.
Amendment 34 #
2011/0352(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall take all steps to ensure that instruments continue to conform to the applicable requirements of this Directive .
Amendment 36 #
2011/0352(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Instruments used or intended to be used for the applications listed in points (a) to (f) of Article 1(2) must satisfy the essential requirements set out in Annex I and bear the CE marking and the inscriptions provided for in point 1 of Annex III .
Amendment 37 #
2011/0352(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. When placing on the market their instruments intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall ensure that they have been designed and manufactured in accordance with the essential requirements set out in Annex I.
Amendment 38 #
2011/0352(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
When placing on the market their instruments not intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall ensure that they bear the inscriptions provided for in point 2 of Annex III.
Amendment 39 #
2011/0352(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
2. For the instruments intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall draw up the required technical documentation and carry out the relevant conformity assessment procedure referred to in Article 14 or have it carried out.
Amendment 40 #
2011/0352(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 3
Article 6 – paragraph 2 – subparagraph 3
For the instruments not intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall affix the inscriptions provided for in point 2 of Annex III.
Amendment 41 #
2011/0352(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the instruments intended to be used for the applications listed in points (a) to (f) of Article 1(2), manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the instrument has been placed on the market.
Amendment 42 #
2011/0352(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the instrument or, where that is not possible, on its packaging or in a document accompanying the instrument. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 45 #
2011/0352(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
2. Before placing on the market an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2), importers shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the instrument bears the CE marking, the inscriptions provided for in point 1 of Annex III and is accompanied by the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6).
Amendment 46 #
2011/0352(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Where an importer considers or has reason to believe that an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2) is not in conformity with the essential requirements set out in Annex I, he shall not place the instrument on the market until it has been brought into conformity. Furthermore, where the instrument presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
Amendment 47 #
2011/0352(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Before placing on the market an instrument not intended to be used for the applications listed in points (a) to (f) of Article 1(2) importers shall ensure that the instrument bears the inscriptions provided for in point 2 of Annex III and that the manufacturer has complied with the requirements set out in Article 6(5) and (6).
Amendment 48 #
2011/0352(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the instrument or, where that is not possible, on its packaging or in a document accompanying the instrument.
Amendment 50 #
2011/0352(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Importers shall ensure that, while an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2) is under their responsibility, storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Annex I.
Amendment 51 #
2011/0352(COD)
Proposal for a directive
Article 8 – paragraph 8
Article 8 – paragraph 8
8. For the instruments intended to be used for the applications listed in points (a) to (f) of Article 1(2), importers shall, for 10 years after the instrument has been placed on the market keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.
Amendment 52 #
2011/0352(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. Before making an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2) available on the market, distributors shall verify that the instrument bears the CE marking, the inscriptions provided for in point 1 of Annex III, that it is accompanied by the required documents and by instructions and information in a language which can be easily understood by consumers and other end-users in the Member State in which the instrument is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3).
Amendment 53 #
2011/0352(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Before making an instrument not intended to be used for the applications listed in points (a) to (f) of Article 1(2) available on the market, distributors shall verify that the instrument bears the inscriptions provided for in point 2 of Annex III and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3).
Amendment 54 #
2011/0352(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Distributors shall ensure that, while an instrument intended to be used for the applications listed in points (a) to (f) of Article 1(2) is under their responsibility, storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Annex I.
Amendment 55 #
2011/0352(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. The conformity of instruments to the essential requirements set out in Annex I may be certified by either of the following procedures as selected by the applicantmanufacturer or his authorised representative:
Amendment 65 #
2011/0352(COD)
Proposal for a directive
Article 36 – paragraph 7
Article 36 – paragraph 7
7. Where, within twohree months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Amendment 69 #
2011/0352(COD)
Proposal for a directive
Annex II – part 4 – point 4.3 – paragraph 1
Annex II – part 4 – point 4.3 – paragraph 1
An accredited in-house body or a notified body chosen by the manufacturer shall carry out appropriate examinations and tests in order to check the conformity of the instruments with the approved type described in the EU-type examination certificate and with the appropriate requirements of this Directive.
Amendment 71 #
2011/0352(COD)
Proposal for a directive
Annex II – part 5 – point 5.4 – paragraph 1
Annex II – part 5 – point 5.4 – paragraph 1
An accredited in-house body or a notified body chosen by the manufacturer shall carry out appropriate examinations and tests to check the conformity of the instruments with the applicable requirements of this Directive.
Amendment 73 #
2011/0352(COD)
Proposal for a directive
Annex II – part 6 – point 6.4 – paragraph 1
Annex II – part 6 – point 6.4 – paragraph 1
An accredited in-house body or a notified body chosen by the manufacturer shall carry out appropriate examinations and tests, set out in the relevant harmonised standards and/or technical specifications, or equivalent tests, to check the conformity of the instrument with the applicable requirements of this Directive, or have them carried out. In the absence of such a harmonised standard and/or technical specification the notified body concerned shall decide on the appropriate tests to be carried out.
Amendment 32 #
2011/0351(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Manufacturers shall draw up the technical documentation referred to in Annex II and/or Annex III respectively and carry out the conformity assessment procedure referred to in Article 154 or have it carried out.
Amendment 33 #
2011/0351(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the apparatus or, where that is not possible, on its packaging or in a document accompanying the apparatus. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 34 #
2011/0351(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the apparatus or, where that is not possible, on its packaging or in a document accompanying the apparatus.
Amendment 35 #
2011/0351(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Amendment 46 #
2011/0351(COD)
Proposal for a directive
Article 38 – paragraph 7
Article 38 – paragraph 7
7. Where, within 2three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Amendment 38 #
2011/0350(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Manufacturers shall indicate their name, registered trade name or registered trade mark, their web address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the vessel. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 40 #
2011/0350(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Importers shall indicate their name, registered trade name or registered trade mark, their website address in a language easily understood by end-users and market surveillance authorities, and the address at which they can be contacted on the vessel or, where that is not possible, on its packaging or in a document accompanying the vessel.
Amendment 49 #
2011/0350(COD)
Proposal for a directive
Article 35 – paragraph 7
Article 35 – paragraph 7
7. Where, within twohree months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Amendment 2 #
2011/0167(NLE)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reiterates that Europe needs an international agreement to step up the fight against counterfeit products as these products are causing billions of Euros of damage every year to European companies, thereby also putting European jobs at risk; notes that in addition, counterfeit products often do not fulfil European safety requirements, posing significant health hazards to consumers;
Amendment 3 #
2011/0167(NLE)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that ACTA must fully respect Union law, especially the Charter and the data protection acquis; reiterates that it is important that ACTA is not open to any interpretation that could lead Member States to infringe the Charter when implementing provisions of ACTA and therefore calls on the Commission and Member States to ensure legal clarity in the provisions of ACTA;
Amendment 4 #
2011/0167(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that both the content of previous versions of the agreement as well as the current text together with the level of transparency connected with the negotiations of the agreement have been questioned repeatedly by Parliament;1 ______________ 1 See, for example, EP resolution of 10 March 2010 on the transparency and state of play of the ACTA negotiations, P7_TA(2010)0058; The lack of a transparent process for the Anti-Counterfeiting Trade Agreement (ACTA), declaration of the European Parliament of 9 September 2010 on the lack of a transparent process and potentially objectionable content of the Anti-Counterfeiting Trade Agreement (ACTA), P7_TA(2010)0317.
Amendment 7 #
2011/0167(NLE)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines, at the same time, that it is crucial to strike the appropriate balance between enforcement of IPRs and fundamental rights such as freedom of expression, the right to privacy and protection of personal data, the right to due process and recalls international treaties1, European law2 and the case-law of the Court of Justice of the European Union (CJEU) as regards this fair balance; ______________ 1 In this regard, see Article 7(1) of the TRIPS Agreement and the preambles to the WCT and the WPPT. 2 See recitals 3, 9 and 31 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. In this regard, see point d) of the Opinion of European Academics on Anti-Counterfeiting Trade Agreement. http://www.iri.uni- hannover.de/tl_files/pdf/ACTA_opinion_200111_2.pdf (in English); See C-275/06, Promusicae, 200, ECR I- 271 (points 62–68), case C-70/10, Scarlet Extended SA v. Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM) (point 44), case C-360/10, Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v. Netlog NV (points 42–44) and case C-461/10, Bonnier Audio AB, Earbooks AB, Norstedts Förlagsgrupp AB, Piratförlaget AB, Storyside AB v. Perfect Communication Sweden AB. In this regard, see point d) of the Opinion of European Academics on Anti Counterfeiting Trade Agreement. http://www.iri.uni- hannover.de/tl_files/pdf/ACTA_opinion_200111_2.pdf (in English); See C-275/06, Promusicae, 200, ECR I- 271 (points 62–68), case C-70/10, Scarlet Extended SA v. Société belge des auteurs, compositeurs et éditeurs SCRL (SABAM) (point 44), case C-360/10, Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v. Netlog NV (points 42–44) and case C-461/10, Bonnier Audio AB, Earbooks AB, Norstedts Förlagsgrupp AB, Piratförlaget AB, Storyside AB v. Perfect Communication Sweden AB.
Amendment 8 #
2011/0167(NLE)
Draft opinion
Paragraph 3a (new)
Paragraph 3a (new)
3a. In this respect stresses that intellectual property rights are themselves among the fundamental rights protected under Article 17(2) of the EU Charter of Fundamental Rights and under international agreements1; ______________ See, for example, Article 27 of the Universal Declaration of Human Rights, Article 15 of the International Covenant on Economic, Social and Cultural Rights.
Amendment 10 #
2011/0167(NLE)
Draft opinion
Paragraph 3b (new)
Paragraph 3b (new)
3b. Recalls that a number of internal and external limits on intellectual property rights, such as the prevention of unilateral abuse1, contribute to establishing an appropriate balance between the enforcement of intellectual property rights and the fundamental rights and interests of the public; ______________ 1 See Article 8(2) of the TRIPS Agreement.
Amendment 11 #
2011/0167(NLE)
Draft opinion
Paragraph 3c (new)
Paragraph 3c (new)
3c. Points out that fundamental rights are, by nature, based on a number of assumptions1: they are universal, based on rights relating to the personality and on non-material interests; they are non-transferable and do not cease; they emanate from the person, are innate and are governed by public law; in this regard, a number of objects protected by intellectual property rights only exhibit some of these characteristics, thus it is necessary to distinguish the use of effective tools to protect such rights, e.g., in the case of life-saving medicines on the one hand or industrial patents to protect designs on the other, from other interests deriving from other fundamental rights such as, for example, protecting human health; ______________ 1 GROSHEIDE, W. Intellectual Property and Human Rights: A Paradox. 1st edition, Cheltenham: Edward Elgar Publishing, 2010. p328. ISBN 978- 1848444478. p21.
Amendment 12 #
2011/0167(NLE)
Draft opinion
Paragraph 3d (new)
Paragraph 3d (new)
Amendment 13 #
2011/0167(NLE)
Draft opinion
Paragraph 3e (new)
Paragraph 3e (new)
3e. Points out that, according to European Court of Justice case law, individuals may only rely directly upon the provisions of international agreements signed by the EU when such provisions are, in terms of their content, unconditional and sufficiently precise (i.e., clear and precise obligations have been laid down which are not subject, in their implementation or effects, to the adoption of any subsequent measure); furthermore, the nature and broad logic of the provisions should not preclude their being so relied upon; nevertheless also points out that, where European law features concepts identical to those contained in relevant international agreements, the European provisions must be interpreted, as far as possible, in the light of international law, i.e., taking account of the context in which those concepts are found and the purpose of the relevant provisions of international agreements2; ______________ 1 See case C-135/10 SCF v. Del Corso, Decision points 43 - 44. 1 See case C-135/10 SCF v. Del Corso, Decision points 51 - 55.
Amendment 14 #
2011/0167(NLE)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Considers that Section 5 'Enforcement of Intellectual Property Rights in the Digital Environment' is in particular need of greater clarity and coherence, as inaccuracies and incompleteness may result in divergent national rules, and such a fragmented system would act as an obstacle to the internal market, which, in the case of the internet environment, would preclude the wider cross-border use of the object protected by intellectual property rights;
Amendment 15 #
2011/0167(NLE)
Draft opinion
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Considers that ACTA does not contain explicit guarantees concerning the protection of sensitive personal information, the right of defence (particularly the right to be heard) or the presumption of innocence;
Amendment 16 #
2011/0167(NLE)
3h. Recalls that according to Article 49 of the EU Charter of Fundamental Rights: ‘no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed’; points out in this regard that the scope of several provisions set out in Section 4: Criminal Enforcement is ill-defined;
Amendment 17 #
2011/0167(NLE)
Draft opinion
Paragraph 3 i (new)
Paragraph 3 i (new)
3i. Considers that ACTA does not provide guarantees on preserving the right to respect for private life and communications arising from Article 7 of the EU Charter of Fundamental Rights;
Amendment 18 #
2011/0167(NLE)
Draft opinion
Paragraph 3 j (new)
Paragraph 3 j (new)
3j. Wonders whether the concepts set out in ACTA, such as the basic principles or the concept of ‘fair process’, are compatible with the concepts set out in the EU Charter of Fundamental Rights, such as fundamental rights or the right to a fair trial arising from Article 47;
Amendment 30 #
2011/0167(NLE)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Emphasises that Internet Service Providers (ISPs) should not police the Internet and therefore calls on the Commission and the Council to ensure legal clarity on the role of ISPs under ACTA;
Amendment 37 #
2011/0167(NLE)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls therefore on the Commission and on Member States to provide solutions for the concerns identified in this opinion, so as to address ambiguities in ACTA and ensure that the strict observance of fundamental rights and freedoms is clearly guaranteed;
Amendment 46 #
2011/0167(NLE)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Considers that the current ACTA text contains articles that pose certain risks of possibly breaching the fundamental rights that European citizens have enjoyed thus far;
Amendment 47 #
2011/0167(NLE)
Draft opinion
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Emphasises that the states where the greatest infringements of intellectual property rights occur, such as China, Pakistan, Russia and Brazil, were not invited to sign ACTA, and it is unlikely that those states will sign up to ACTA in the near future, and this raises important questions about the efficacy of the measures proposed by ACTA;
Amendment 48 #
2011/0167(NLE)
Draft opinion
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Is convinced that counterfeiting and piracy, when carried out with criminal intent and on a commercial scale, are significant phenomena in an information society and that it is necessary to develop a comprehensive EU strategy to tackle them. Such an EU strategy should not focus solely on combating the effects of counterfeiting and piracy, but should also focus on their causes; it must fully respect fundamental rights in Europe and be effective, acceptable and easily understood by society as a whole;
Amendment 49 #
2011/0167(NLE)
Draft opinion
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Recalls that, following a request from the European Parliament1, the European Commission, in its Digital Agenda for Europe strategy, made a commitment to adopting a Code of EU online rights in 2012; considers that the Code of EU online rights should unambiguously define European citizens’ users’ rights and set out what they may or may not do in the digital environment, thereby establishing a basis for a comprehensive EU strategy to tackle counterfeiting and piracy; ______________ 1 European Parliament resolution of 21 June 2007 on consumer confidence in the digital environment (2006/2048(INI)), points 25-28.
Amendment 50 #
2011/0167(NLE)
Draft opinion
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. In the light of the above considerations, does not recommend that consent be granted to ACTA in its current form.
Amendment 28 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Regulation (EC) No 539/2011
Article 1 – paragraph 4
Article 1 – paragraph 4
(b) in paragraph 4 point (c) is replaced by the following: is replaced by the following: 4. Where a third country listed in Annex II introduces, reintroduces or maintains a visa requirement for nationals of a Member State, the following provisions shall apply: (ca) within 90 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. The report may be accompanied by a proposal providing for the temporary restoration of the visa requirement for nationals of the third country in question. The Commission may also presof such introduction, or its announcement or, in cases where the requirement is maintained, within 90 days of the date of entry into force of this Regulation, the Member State concerned shall notify the European Parliament, the Council and the Commission in writing; the notification shall be published in the C series of the Official Journal of the European Union. The notification shall specify the date of implementation of the measure and the type of travel documents and visas concerned. If the third country decides to lift the visa obligation before the expiry of this deadline, the notification becomes superfluous; (b) the Commission shall, immediately following the date of publication of that notification and in consultation with the Member State concerned, take steps with the authorities of the third country in order to restore visa-free travel and shall inform the European Parliament and the Council about the status of the negotiations at the earliest opportunity; (c) within 45 days after publication of that notification, the Commission, in consultation with the Member State concerned, shall report to the European Parliament and the Council. If within 45 days of the date of publication of that notification, the third country concerned has not lifted the visa requirement, the Commission, in consultation with that Member State, shall propose the restoration of the visa requirement for nationals of the third country in question. If within 90 days of the date of publication of that notification, the third country has not lifted the visa requirement, this proposal after deliberations in the European Parliament and the Council on its report. Te Commission's proposal providing for the restoration of the visa requirement for nationals of the third country in question shall be deemed to have been adopted, unless the Council, acting by qualified majority, and the European Parliament, and the Council shall act on such proposcting by absolute majority, decide to reject the proposal beforehand. (d) where the third country in question abolishes the visa requirement, the Member State shall immediately notify the Council and the Commission to that effect. The notification shall be published in the C series of the Official Journal byof the ordinary legislative procedureEuropean Union. Any measure decided upon under subparagraph (c) shall terminate seven days after the publication in the Official Journal of the European Union. In case the third country in question has introduced a visa requirement for nationals of two or more Member States, the measure will only terminate after the last publication.
Amendment 17 #
2011/0136(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe. (This amendment applies throughout the text.)
Amendment 20 #
2011/0136(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe. (This amendment applies throughout the text.)
Amendment 27 #
2011/0136(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purposes of this Directive, cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitat(Does not affect English version.)
Amendment 29 #
2011/0136(COD)
Proposal for a directive
Recital 11
Recital 11
(11) For reasons of international comity, tThis Directive should only apply to works that are first published or broadcast in a Member State. The Commission should study the situation when a work has been produced and disseminated by an entity from a Member State, but first published in a state outside the European Union.
Amendment 34 #
2011/0136(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Before a work can be considered an orphan work, a good faith and reasonable diligent search for the authorightholder should be carried out. Member States should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this Directive or by other organisations. In the latter case, organisations referred to in this Directive should remain liable for the diligent search performed.
Amendment 37 #
2011/0136(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to facilitate cross border access to publicly accessible online databases recording the search results and the use of orphan works, it is appropriate that Member States communicate to the Commission the online location of databases in their territory and that such information is shared by the Commission with other Member States. Practical arrangements should be found to permit the on-line consultation and the interlinkage of these databases through a single European entry point accessible at a distance and by electronic means by the general public and to facilitate access to information contained therein, in particular through technical mechanisms such as machine translations to ease language barriers.
Amendment 41 #
2011/0136(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to avoid duplication of search efforts, a diligent search should be conducted only in the Member State where the work was first published or broadcast. In order to enable other Member States to ascertain whether the orphan sA good faith and reasonable diligent search carried out in the sources of the Member Statuse of a work has been established in another Member State, Member States should ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible databasefirst publication or broadcast may in some cases lead to the additional consultation of information available in other Member States.
Amendment 45 #
2011/0136(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to promote learning and culture, Member States should permit libraries, educational establishments and museums which are publicly accessible, as well as archives, film heritage institutions and public service broadcasting organisations, to make available and reproduce orphan works, provided such use fulfils their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections. Film heritage institutions should, for the purposes of this Directive, cover organisations designated by Member States to collect, catalogue, preserve and restore films forming part of their cultural heritage.(Does not affect English version)
Amendment 46 #
2011/0136(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Contractual arrangements may play a role in fostering the digitisation of European cultural heritage, it being understood that libraries, educational establishments, museums or archives and film heritage institutions may, with a view to undertake the uses permitted under this Directive, conclude agreements with commercial partners for the digitisation and making available of orphan works. These agreements may include financial contributions by such partners. These agreements should not include restrictions to the manner in which libraries, educational establishments, museums or archives and film or audio heritage institutions are allowed under this Directive to use the orphan works to fulfil their public interest mission, in particular as regards the provision of access to the orphan works in a non- exclusive and non discriminatory manner.
Amendment 57 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 2 a (new)
Article 1 – paragraph 2 – point 2 a (new)
(2a) Works in the form of stand alone photographs and other images, when the diligent search can proceed due to some identifying information attached to such works (e.g. stamps of the photographer’s atelier, etc.) and where the personality rights do not represent the legal obstacle, which are contained in the collections of organisations referred to in Article 1(1), or
Amendment 62 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of establishing whether a work is an orphan work, the organisations referred to in Article 1(1) shall ensure that a good faith and reasonable diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 64 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In case the diligent search is carried out by other organisations than those referred to in Article 1(1), the latter shall remain liable for the search performed.
Amendment 65 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In case the diligent search is carried out by other organisations than those referred to in Article 1(1), the latter shall remain liable for the search performed.
Amendment 68 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. In particular cases, where territorial boundaries of Member State have changed over time, the diligent search in the Member State of first publication may lead to the consultation of information in another Member State to which the work is the most closely associated because of geographical, linguistic or other relevant reasons.
Amendment 76 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) by acts of reproduction, within the meaning of Article 2 of Directive 2001/29/EC, for the purposes ofsuch as searching, digitization, making available, indexing, cataloguing, preservation or restoration.
Amendment 78 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. However, unless otherwise provided in Article 7, the organisations referred to in Article 1(1) may not use orphan works in order to achieve aims other than their public interest missions, notably preservation, restoration and the provision of cultural, research and educational access to works contained in their collections.
Amendment 81 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member States shall communicate to the Commission the list and the online location of the databases in their territory, and any modification thereafter, where the organisations referred to in Article 1(1) maintain records of their diligent searches and of the use they make of orphan works. The Commission shall transmit this information to all Member States.
Amendment 82 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. Together with the Commission, Member States shall put in place practical arrangements to ensure that the databases referred to above can be consulted through a single on-line entry point at the European level.
Amendment 83 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 4 c (new)
Article 6 – paragraph 4 c (new)
Amendment 94 #
2011/0136(COD)
Proposal for a directive
Article 8
Article 8
Amendment 96 #
2011/0136(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The Commission shall keep under constant review the development of works, which are out of commerce, and shall, at the latest two years after the entry into force of this Directive, and regularly thereafter, submit a report concerning the possible solution on the digitisation and wide public access across the Member States to the out-of-commerce-works.
Amendment 15 #
2011/0135(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Intellectual property rights are vital business assets that help to ensure that innovators and creators get a fair return for their work and that their investment in research and new ideas is protected. They also allow for innovation and enhance consumers’ access to knowledge and information.
Amendment 26 #
2011/0135(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights, in particular representatives of right holders and Internet service providers. Also, a propern equal representation of consumers, of civil society and of small and medium sized enterprises should be ensured, as well as that of data protection authorities.
Amendment 30 #
2011/0135(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) enhancing the knowledge on technical tools to prevent and combat counterfeiting and piracy, including tracking and tracing systems in compliance with the Union acquis on e-commerce and data protection;
Amendment 37 #
2011/0135(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point p a (new)
Article 2 – paragraph 2 – point p a (new)
(pa) assessing the impact of intellectual property rights enforcement measures on innovation and the development of information society services, as explicitly required by Directive 2004/48/EC;
Amendment 38 #
2011/0135(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point p b (new)
Article 2 – paragraph 2 – point p b (new)
(pb) assessing the impact on consumers of the absence of a digital single market for online content.
Amendment 43 #
2011/0135(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Consumer organisations, civil society and small and medium sized enterprises shall be properequally represented, as well as data protection authorities.
Amendment 20 #
2011/0058(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) Companies which seek to do business across frontiers within the Union encounter serious obstacles and market distortions owing to the existence of 27 diverse corporate tax systems. These obstacles and distortions impede the proper functioning of the internal market. They create disincentives for investment in the Union and run counter to the priorities set in the Communication adopted by the Commission on 3 March 2010 entitled Europe 2020 – A strategy for smart, sustainable and inclusive growth. They also conflict wiFurther integration of the the requirements ofax base is needed in order to enhance a highly competitive social market economy in the EU.
Amendment 24 #
2011/0058(CNS)
Proposal for a directive
Recital 5
Recital 5
(5) Since differences in rates of taxation do not give rise to the same obstacles, the system (the Common Consolidated Corporate Tax Base (CCCTB)) need not affect the discretion of Member States regarding their national rate(s) of company taxation. The Member States therefore also retain the power to adopt certain incentives for businesses in the sphere of taxes.
Amendment 27 #
2011/0058(CNS)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
Amendment 28 #
2011/0058(CNS)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Functioning of the CCCTB, according to this Directive, should result in a tax revenue-neutral impact on the Member States.
Amendment 29 #
2011/0058(CNS)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) In so far as the use of the CCCTB would affect the tax revenue of regional or local authorities, Member States will be free to take measures to remedy this in accordance with their constitutional systems and in a manner compatible with this Directive.
Amendment 33 #
2011/0058(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) The system should include an effective general anti-abuse rule, supplemented by measures designed to curb specific types of abusive practices. These measures should include limitations on the deductibility of interest paid to associated enterprises resident for tax purposes in a low-tax country outside the Union which does not exchange information with the Member State of the payer based on an agreement comparable to Council Directive 2011/16/EU concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums12 and rules on controlled foreign companies. Member States should not be prevented from introducing and coordinating additional measures among each other in order to reduce the negative effects of low-tax countries outside the Union, which do not exchange necessary tax information.
Amendment 39 #
2011/0058(CNS)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) The analysis on the basis of the review clause should also include an examination of the optional character of the CCCTB and considerations of practicality for SMEs.
Amendment 60 #
2011/0058(CNS)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Possibility of opting out for Member States Member States may choose not to apply the provisions of this Directive.
Amendment 87 #
2011/0058(CNS)
Proposal for a directive
Article 80 – paragraph 1
Article 80 – paragraph 1
Artificial transactions carried out mainly for the sole purpose of avoiding taxation shall be ignored for the purposes of calculating the tax base.
Amendment 102 #
2011/0058(CNS)
Proposal for a directive
Article 133
Article 133
The Commission shall, five years after the entry into force of this Directive, review its application and report to the European Parliament and Council on the operation of this Directive. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member Statesan extension (including the opt-out possibility) or limitation of the scope of this Directive as well as a recall of its provisions. The report shall also include an investigation of the use of this Directive by, and its practicality for, SMEs. The Commission shall, eight years after the entry into force of this Directive, carry out an impact assessment of the desirability of using the provisions concerning the consolidated tax base provided in Chapters IX to XII and XVI of this Directive on the economies of all Member States, especially concerning the neutral impact on the public budgets. The Commission shall report to the European Parliament and Council on the impact assessment. If the impact assessment analysis reveals significant losses of tax revenues in more Member States, the Commission shall propose the postponement of applicability of the consolidated tax base provided in Chapters IX to XII and XVI of this Directive until these negative impacts cease.
Amendment 105 #
2011/0058(CNS)
Proposal for a directive
Article 133 a (new)
Article 133 a (new)
Article 133a Pilot projects and visibility studies in the Member States By ...*, the Member States shall carry out pilot projects in order to test the real impact of the provisions of this Directive on the tax payers and tax authorities. They shall report the results of these pilot projects to the Commission, which will publish them in a uniform format and inform accordingly the European Parliament and Council. By ...**, the Member States shall carry out visibility studies in order to assess the real impact of the provisions concerning the consolidated tax base provided in Chapters IX to XII and XVI of this Directive on the public budgets. They shall report the results of these visibility studies to the Commission, which will publish them in a uniform format and inform accordingly the European Parliament and Council. _____________ * OJ: please insert the date: two years after the entry into force of this Directive. ** OJ: please insert the date: seven years after the entry into force of this Directive
Amendment 106 #
2011/0058(CNS)
Proposal for a directive
Article 134 – paragraph 1 – subparagraph 1
Article 134 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by [date] at the latest three years after the entry into force of this Directive and in the case of Chapters IX to XII and XVI, eight years after the entry into force of this Directive, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 107 #
2011/0058(CNS)
Proposal for a directive
Article 134 – paragraph 1 – subparagraph 2
Article 134 – paragraph 1 – subparagraph 2
They shall apply those provisions from […]at the latest five years after the entry into force of this Directive, with the exception of the provisions of Chapters IX to XII and XVI, which shall apply ten years after the entry into force of this Directive.
Amendment 32 #
2010/2051(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that it is necessary to find an agreement between the Member States on establishing minimum European standards for products which affect the healthy development of the population (such as orthopaedically sound footwear for children). Such standards would ensure not only that the quality of goods manufactured in the EU is maintained, but also and above all that the quality of goods imported from third countries is significantly improved; calls therefore on the Commission and the European standardisation organisations, in the light of the findings of scientific studies showing that there is a link between orthopaedically unsound footwear and the increasing occurrence of orthopaedic defects amongst the populations of EU Member States, to establish European standards in this area;.
Amendment 102 #
2010/2012(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights the importance of an open document exchange format for electronic business interoperation and calls on the Commission to take concrete steps to support its emergence and spread;
Amendment 133 #
2010/2012(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the establishment in all Member States of independent e-commerce users" protection agencies with full power to bring proceedings before national courts in order to protect the interests of producers and consumersconsumers and users, for instance in cases of privacy loss, technological discrimination, identity theft or unsolicited communication ("spam");
Amendment 21 #
2010/0282(COD)
Proposal for a decision
Recital 9
Recital 9
(9) It is important in this connection that the Member StatesCommission determines the system of penaltiadministrative measures applicable in the event of non- compliance with the obligations stemming from this Decision, and that they ensure that those penalties are applied. The penalties must be effective, proportionate and dissuasivewhile the member states shall determine what penalties are applicable when national provisions enacted pursuant to this Decision are infringed. The member states ensure that those penalties and administrative measures are applied. In all cases, the administrative measures and the penalties must be effective, proportionate and dissuasive. When administrative measures or penalties are imposed, the right of appeal for the accused individual or entity should be guaranteed.
Amendment 25 #
2010/0282(COD)
Proposal for a decision
Article 2 – paragraph 7 – indent 2 a (new)
Article 2 – paragraph 7 – indent 2 a (new)
- The non-member country or international organisation respects the democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, protection of religious faith, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.
Amendment 27 #
Amendment 28 #
2010/0282(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall determine what penalties and administrative measures are applicable when national provisions enacted pursuant to this Decision are infringed. The penalties shall be effective, proportionate and dissuasive.
Amendment 29 #
2010/0282(COD)
Proposal for a decision
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Commission shall determine what administrative measures are applicable when the provisions of the present Decision are infringed by any of the PRS participants.
Amendment 30 #
2010/0282(COD)
Proposal for a decision
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
In the case of non-member countries or international organisations, the agreement mentioned in Article 2(7) will provide for penalties and administrative measures in case of infringement.
Amendment 31 #
2010/0282(COD)
Proposal for a decision
Article 5 – paragraph 1 c (new)
Article 5 – paragraph 1 c (new)
The penalties and administrative measures shall be effective, proportionate and dissuasive. Endangering the security of the system can lead to the lift of access authorisation. When penalties or administrative measures are imposed, the right of appeal for the accused individual or entity shall be guaranteed.
Amendment 32 #
2010/0282(COD)
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
4. As the operator of the security centre referred to in Article 16(a)(ii) of Regulation (EC) No 683/2008 (hereinafter ‘Security Centre’), the European GNSS Agency may be designated as a Competent PRS Authority by a PRS participant. The European GNSS Agency acts as the designated Competent PRS Authority for the Council, the Commission and the European Union agencies.
Amendment 33 #
2010/0282(COD)
Proposal for a decision
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7 a. The Competent PRS Authorities shall regularly report about the compliance with the minimum common standards to the Commission and to the European GNSS Agency.
Amendment 34 #
2010/0282(COD)
Proposal for a decision
Article 6 – paragraph 7 b (new)
Article 6 – paragraph 7 b (new)
Amendment 35 #
2010/0282(COD)
Proposal for a decision
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 37 #
2010/0282(COD)
Proposal for a decision
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The authority responsible for approving the security of European satellite navigation systems may at any time withdraw from a body referred to in paragraph 1 the authorisation it has granted to that body to manufacture PRS receivers and the associated security modules if it appears that the measures provided for in paragraph 3 have not been complied with. The decision on withdrawal of authorisation shall be subject to appeal. In the case of endangering the security of system based on the previous, current or potential acts of body referred to in paragraph 1 the appeal procedure has no suspensive effect.
Amendment 39 #
2010/0282(COD)
Proposal for a decision
Article 10 – paragraph 1
Article 10 – paragraph 1
A non-member country on whose territory a reference station housing PRS equipment and forming part of the system derived from the Galileo programme is installed shall not be considered merely by virtue of that fact to be a PRS participant. The Commission shall lay down in conjunction with the non-member country the detailed rules for hosting and operating the reference station housing PRS equipment. These detailed rules shall include the possibility of access to the reference station for control purposes for the appropriate European bodies.
Amendment 40 #
2010/0282(COD)
Proposal for a decision
Article 11 a (new)
Article 11 a (new)
Article 11a Financing The Commission, with the help of the Member States, shall propose the proper financing model of the PRS. The Commission shall report the financial framework to the European Parliament and the Council. This report shall detail the exact costs of how the PRS will be covered.
Amendment 41 #
2010/0282(COD)
Proposal for a decision
Article 11 b (new)
Article 11 b (new)
Article 11b Consultations and Transfer of Powers The Commission shall establish the conditions, that the European GNSS Agency can be in the shortest possible time involved in the decision-making processes on the PRS. The Commission shall consult, when it is necessary, the European GNSS Agency on all matters related to the PRS and the Commission shall transfer the powers linked to the PRS to the European GNSS Agency as soon as it is feasible, however, only in the case that these powers can be effectively exercised in that way.
Amendment 43 #
2010/0282(COD)
Proposal for a decision
Annex – point 6
Annex – point 6
6. Since any incidevent affecting the security of the PRS (such as the loss or theft of a receiver) must be notified, each Competent PRS Authority shall implement methods of detecting and rectifying the incidevent and of reporting it to the Security Centre.
Amendment 44 #
2010/0282(COD)
Proposal for a decision
Annex 1 – point 6
Annex 1 – point 6
6. Since any incidevent affecting the security of the PRS (such as the loss or theft of a receiver) must be notified, each Competent PRS Authority shall implement methods of detecting and rectifying the incidevent and of reporting it to the Security Centre.
Amendment 36 #
2010/0207(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Contributions to Deposit Guarantee Schemes should take account of the degree of risk incurred by their members. This would allow toMember States are encouraged to set up the contributions to Deposit Guarantee Schemes reflecting the risk profiles of individual banks and leading to a fair calculation of contributions and to provideing incentives to operate under a less risky business model. Developing a set of core indicators mandatory for all Member States and another set of optional supplementary indicators would introduce such harmonisation gradually.
Amendment 41 #
2010/0207(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a – paragraph 3 – indent 1
Article 2 – paragraph 1 – point a – paragraph 3 – indent 1
its existence can only be proven by a certificate other than a statement of account, with the exception of saving books;
Amendment 68 #
2010/0207(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 70 #
2010/0207(COD)
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 2
Article 9 – paragraph 5 – subparagraph 2
Amendment 1 #
2009/2225(INI)
Draft opinion
Citation 1 (new)
Citation 1 (new)
- having regard to its resolution of 21 June 2007 on consumer confidence in the digital environment1,
Amendment 7 #
2009/2225(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the rapid implementation of the legislation on roaming; considers, however,, since roaming fees did not reflect underlying costs; deplores the fact that the imposition of a minimal tariff cap preventson roaming fees from being more competitive; The intervention in the roaming market is based on a lack of competition as reflected in thwas needed; considers that these caps should be dlifference betweented once the roaming fees and the costs to provide these services. Furthermore, national regulatory authorities were unable to intervene because of the cross-border nature of roaming. Nevertheless, once the market has become competitive, the minimum tariff caps should be lifted.reflect the underlying cost structure as is the case in a competitive market; Or. en Justification
Amendment 12 #
2009/2225(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to overcome barriers to cross-border e-commerce and boost consumer confidence through the development of an effective policy for a Digital Single Market for Europe by making online services in Europe more accessiblecompetitive, accessible, cross-border and transparent (such as, amongst other online services, music downloads); Despite the borderless character of the Internet, consumers find that some e-commerce businesses have actually re-introduced territorial barriers through technology. Businesses may either refuse access to consumers depending on their country of residence or apply dissimilar conditions for the same type of services in different Member States. According to the results of the Euro barometer survey 298 (2008), on average for all sales channels, in 2008, 8% of consumers who had made a cross border purchase were prevented from purchasing cross-border because they lived in a country other than where the trader was located. country of residence of the consumer. Cases of refusal to sell, where the internet is the selling method, represent between 1% and 2% of cross-border complaints cases handled by the European Consumer Centres, according to the European Commission’s report on cross-border e-commerce SEC(2009) 283 final. and putting an end to territorial discrimination (e.g. based on the country of residence or where the credit card has been issued); Or. en Justification
Amendment 17 #
2009/2225(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recognises the impCalls on the Commission, after consulting consumers' ortgance ofisations, to present a European charter of users' rights in the Information Society that would clarify the rights and obligations of information society consumers; considers that this should include in particular users’ rights relating to digital content and should guarantee basic interoperability performance (particularly among public administrations) and standards, especially regarding thedata protection ofand privacy and the rights of vulnerable users (such as improving the accessibility of internet pages for disabled persons); emphasises that a European charter of users' rights should also cover the intellectual property of authors, publishers and content providersintegrate consumers rights’ into the current copyright framework and achieve a fair balance between the authors’ rights and the general public’s access to content and knowledge.
Amendment 14 #
2009/2178(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises the need for a consistent, efficient and balanced system of protection of intellectual property rights, which takes into account users' rights and obligations and fundamental freedoms, enhances innovation, creates better incentives and supports legal clarity for both rights-holders and consumers in the Internal Market;
Amendment 18 #
2009/2178(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to create the EU Certification LabelMark system, which would give a high level of protection for certification marks established at European or at national level, and common rules and a legal framework for certification, guarantee, quality and safety marks, and provide additional effective tools against counterfeited goods which abuse such certification marks;
Amendment 21 #
2009/2178(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that the EU Certification Mark system should provide additional protection going beyond that afforded by the collective Community Trade Marks and should be run by the Office for Harmonisation in the Internal Market;
Amendment 44 #
2009/2178(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Observatory to analyse the problems relating to the storage and disposal of large quantities of counterfeit goods, and to facilitate their reuse to meetsimplify the existing rules for reuse of the counterfeit goods with the consent of the rights-holders for the needs of non-profit organisations.
Amendment 49 #
2009/2178(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Calls for more targeted and new media-focused public awareness campaigns, which would seek to empower consumers in the fight against counterfeited goods, especially to educate them about how to recognise counterfeited goods;
Amendment 51 #
2009/2178(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Recognises the need for the use of existing institutional structures in the Member States in the fight against counterfeited goods, and therefore calls on the national patent and other intellectual property offices to provide greater support and training to small and medium-sized enterprises and to the public;
Amendment 52 #
2009/2178(INI)
Draft opinion
Paragraph 8 g (new)
Paragraph 8 g (new)
8g. Emphasises, in order to find suitable solutions for tackling infringements of intellectual property rights in the Internal Market, the need for collection of independent, reliable and comparable data on the causes, effects, consequences and scope of infringements of different intellectual property rights and their impact on consumers and on the functioning of the Internal Market;
Amendment 53 #
2009/2178(INI)
Draft opinion
Paragraph 8 h (new)
Paragraph 8 h (new)
8h. Calls on the Observatory to develop and promote the best practices not only in the EU but also in international forums (World Intellectual Property Organisation, World Trade Organisation, etc.);
Amendment 54 #
2009/2178(INI)
Draft opinion
Paragraph 8 i (new)
Paragraph 8 i (new)
8i. Requests closer involvement of Parliament and the public in work on the next steps against infringements of intellectual property rights; in this respect criticises the lack of information on the progress of the stakeholders’ working groups established by the Commission and the Observatory; therefore calls for the creation of a parliamentary platform to the stakeholders’ working groups;
Amendment 55 #
2009/2178(INI)
Draft opinion
Paragraph 8j (new)
Paragraph 8j (new)
8j. Notes that the law enforcement and data protection authorities, EUROPOL and EUROJUST representatives, academics, representatives of legal practitioners and civil society should be more involved in the Commission's work on combating infringements of intellectual property rights; therefore calls for these representatives to be invited to the stakeholders’ working groups;
Amendment 56 #
2009/2178(INI)
Draft opinion
Paragraph 8 k (new)
Paragraph 8 k (new)
8k. Looks forward to the Commission communication on transposition of the IPR enforcement directive in the Member States and is prepared to discuss possibilities which would improve legal clarity for the parties involved;
Amendment 57 #
2009/2178(INI)
Draft opinion
Paragraph 8 l (new)
Paragraph 8 l (new)
8l. Calls on the Commission, taking into account the rapidly developing digital environment, to adapt the existing rules for combating infringements of intellectual property rights more rapidly to changes in the markets and in technologies;
Amendment 58 #
2009/2178(INI)
Draft opinion
Paragraph 8 m (new)
Paragraph 8 m (new)
8m. Notes that the biggest challenge for the Internal Market lies in combating infringements of intellectual property rights at the EU's external borders and in third countries; in this respect, calls on the Commission to create more intellectual property helpdesks in third countries (notably in India and Russia) in order to help European entrepreneurs in more active enforcement of their intellectual property rights and in combating infringements of intellectual property rights in third countries and the entry into the Internal Market of counterfeited goods manufactured in such third countries;
Amendment 59 #
2009/2178(INI)
Draft opinion
Paragraph 8 n (new)
Paragraph 8 n (new)
8n. Calls on the Commission to prepare the updated EU strategy on intellectual property rights, which will propose proportional measures for effective and successful combating of infringements of intellectual property rights;
Amendment 60 #
2009/2178(INI)
Draft opinion
Paragraph 8 o (new)
Paragraph 8 o (new)
8o. Calls on the Observatory to analyse the issue of multi-territory licences for digital content in order to further develop the legal offer of digital content;
Amendment 61 #
2009/2178(INI)
Draft opinion
Paragraph 8 p (new)
Paragraph 8 p (new)
8p. Calls on Member States and the Commission to put into place an efficient mechanism for market surveillance, in particular an early warning system for counterfeited goods, which would make it possible to have these goods rapidly withdrawn from the market everywhere in the Union;
Amendment 62 #
2009/2178(INI)
Draft opinion
Paragraph 8 q (new)
Paragraph 8 q (new)
8q. Calls on Member States and the Commission to extend the cooperation between the Office for Harmonisation in the Internal Market and national intellectual property offices to cover also the fight against infringements of intellectual property rights;
Amendment 63 #
2009/2178(INI)
Draft opinion
Paragraph 8 r (new)
Paragraph 8 r (new)
8r. Calls on the Commission to identify the particular problems and needs of SMEs to develop specific measures to assist SMEs in the fight against infringements of intellectual property rights and to enable SMEs to better protect themselves both in the EU and in third countries;
Amendment 64 #
2009/2178(INI)
Draft opinion
Paragraph 8 s (new)
Paragraph 8 s (new)
8s. Calls on the Commission to organise the work of the Observatory in a way which makes it possible to develop a more comprehensive view of the economic, social and societal implications of infringements of intellectual property rights, including indirect costs to the public budget, such as tax losses and loss of employment in the EU;
Amendment 65 #
2009/2178(INI)
Draft opinion
Paragraph 8 t (new)
Paragraph 8 t (new)
8t. Stresses that an effective fight against infringements of intellectual property rights requires that counterfeited products from third countries can be seized at the external borders of the EU under EU customs regulations; recalls that this can be ensured only if intellectual property rights are protected throughout the entire territory of the EU and goods can be seized at every external border regardless of where they enter; recalls that, consequently, the creation of the EU patent is of paramount importance in the fight against counterfeiting; stresses also that the use of the Community Trademark should not be weakened by requiring that the Community Trademark be used in more than one Member State;
Amendment 66 #
2009/2178(INI)
Draft opinion
Paragraph 8 u (new)
Paragraph 8 u (new)
8u. Calls on the Commission to identify weaknesses in the current legal framework for intellectual property rights enforcement, with a view to strengthening and clarifying the existing framework, including a clarification of the relations between intellectual property rights enforcement and data protection;
Amendment 56 #
2009/2175(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission, in the light of the need to increase the efficiency of public procurement and to reinforce public control thereof, and of the objective of effectively combating protectionism and corruption, to carry out (and to make public on a single Internet portal) comparative analyses of the outcomes of public procurement which receives EU financial assistance, focussing in particular on the following indicators: 1. publication of the price differences between the price resulting from the competitive tendering procedure and the final price when the work is handed over (provided that the difference is greater than 5% of the winning price), including publication of the highest and lowest prices offered in that competitive tendering procedure, 2. publication of comparable work in other Member States (e.g. the cost of building 1 km of motorway in various Member States), 3. publication of complete information on the owners of the companies which have been awarded public contracts, and in the case of holding companies such publication also relates to information on the owners of the parent and subsidiary companies, 4. publication of information on repeat winners of competitive tendering procedures and the proprietors of those companies;
Amendment 8 #
2009/2138(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that experiences from SOLVIT should be fed into national and EU policy-making, resulting in structural or regulatory changes where necessary;
Amendment 9 #
2009/2138(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the Internal Market Scoreboard, the SOLVIT Report, the Citizens Signpost Service and the Consumer Market Scoreboard to be published at the same time once a year (not changing the frequency of their publication) in order to provide a global picture of the development of the internal market and to better coordinate the work that has been done in those areas while maintaining the particular nature of those instruments;
Amendment 13 #
2009/2138(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that SOLVIT centres are understaffed, and that in 2008 the number of cases resolved decreased, while the average number of days needed for their resolution increased;
Amendment 16 #
2009/2138(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that many citizens and small businesses are not sufficiently aware of the work of SOLVIT and that businesses either use commercial legal services in cases where SOLVIT could be used to their benefit or even accept requests to such effect from Member States, although those requests are not in accordance with the Community's internal market acquis;
Amendment 17 #
2009/2138(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Finds that the portfolio of the ministry hosting the respective national SOLVIT centre may affect the perception of the type of work carried out by SOLVIT in that country and that the level of successful resolution and expedition of cases depends on the willingness and ability of Member States to closely cooperate with SOLVIT centres;
Amendment 18 #
2009/2138(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to ensure that their SOLVIT centre has strong political support so that it can persuade the authorities about whom complaints are made to cooperate actively within the SOLVIT procedure and the relevant deadlines;
Amendment 19 #
2009/2138(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that Member States should enhance the efficient cooperation among national, regional and local authorities and SOLVIT; considers in addition that Member States should initiate a more intensive and substantial exchange of best practices;
Amendment 21 #
2009/2138(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls upon Member States to promote SOLVIT using all forms of media to ensure a wide outreach to citizens and businesses especially about how to enforce their rights and to allocate sufficient resources to make this promotion more effective; additionally, calls on the Commission and the Member States to promote online alternative dispute settlement systems within the SOLVIT network;
Amendment 26 #
2009/2138(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Member States to ensure that SOLVIT centres have proper access to legal expertise within their administration; is of the opinion that the Commission should speed up the provision of informal legal assessments to SOLVIT centres on request;
Amendment 37 #
2009/2138(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Member States and the Commission to jointly examine and analyze the causes of the low success rates of certain SOLVIT Centres, as well as the causes of their relatively long case- handling times, in order to provide useful information as a foundation for the design of a better problem-solving strategy to the benefit of citizens and businesses in the internal market;
Amendment 38 #
2009/2138(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that in order to boost support for the SOLVIT network at Member State level, it would be desirable for the achievements of the SOLVIT network to be presented at COSAC meetings;
Amendment 39 #
2009/2138(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls on the Commission to submit SOLVIT annual reports containing much more detailed information and statistical data, which would also allow the effectiveness of each national centre to be assessed, since it is otherwise difficult to make long-term assessments of trends and propose specific targeted measures to improve the situation in individual Member States;
Amendment 40 #
2009/2138(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls on the Commission to create a single web portal for all SOLVIT centres at an address that is easy to find as possible (www.solvit.eu); at the same time is of the opinion that a marked improvement in the visibility of the SOLVIT network on the internet is essential and that for this purpose use must be made of both social networking sites and search engines;
Amendment 41 #
2009/2138(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Considers that in view of the large number of cases involving individuals and the recognition of qualifications or social and residence entitlements, the SOLVIT network must cooperate much more intensively and must broaden its information campaigns to include expatriate associations and consulates of Member States;
Amendment 42 #
2009/2138(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Considers that in view of the large number of cases involving entrepreneurs, the SOLVIT network must cooperate much more intensively and must broaden its information campaigns to include European and national business associations, with particular emphasis on small and medium-sized enterprises;
Amendment 43 #
2009/2138(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls upon the Commission to finalise as a matter of priority the Single Market Assistance Services project for streamlining information, advice and problem-solving assistance services to make them more accessible and more effective;
Amendment 24 #
2009/0108(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) It is important that gas supply is maintained, particularly as regards household customers and hospitals, as well as other protected customers such as schools and hospitals, in cases in which the market cannot continue to supply them. It is essential that the measures to be taken during a crisis are defined in advance of any crisis.
Amendment 32 #
2009/0108(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 1
Article 2 – paragraph 2 – point 1
(1) "protected customers" means all household customers and hospitals already connected to a gas distribution network, and, if the Member State concerned so decides, can also include small and medium-sizeafter a risk and impact assessment carried out by the Member State according to Article 8 taking into account technical feasibility and an economic evaluation of all the costs and benterprises, schools and hospitalefits to the market, can include other customers provided that they are already connected to a gas distribution network;
Amendment 42 #
2009/0108(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. By [31 March 2014; 3 years after entry into force] at the latest, the Competent Authority shall ensure that in the event of a disruption of the largest gas supply infrastructure, the remaining infrastructure (N-1) has the capacity to deliver the necessary volume of gas to satisfy total gas demand of the calculated area during a period of sixthirty days of exceptionally high gas demand during the coldest period statistically occurring every twenty years.
Amendment 45 #
2009/0108(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Competent Authority shall take the measureoblige supply undertakings to ensure the gas supply to the protected customers of the Member State in the case of: a) extremely cold temperatures during a seven days peak period statistically occurring once every twenty years; and b) any period of sixthirty days of exceptionally high gas demand during the coldest weather periods statistically occurring every twenty years.
Amendment 46 #
2009/0108(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Competent Authority shall take the measureoblige supply undertakings to ensure the gas supply to the protected customers for the period of sixthirty days also in the event of an Emergency as defined in Article 9(2). The supply undertakings in cooperation with the Competent Authority shall endeavour to maintain the supply for the protected customers as long as necessarypossible based on market based security of gas supply measures.
Amendment 53 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory wording
Article 8 – paragraph 1 – introductory wording
1. By [30 September 2010; 6 months after entry into force] each Competent Authority shall fully assess the risks affecting the security of gas supply in its Member State and the impacts of the proposed measures by carrying out a risk and impact assessment by:
Amendment 54 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
b) taking into account all relevant national and regional circumstances and impacts;
Amendment 55 #
2009/0108(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
da) taking into account technical feasibility and an economic evaluation of all the costs and benefits to the market of the measures proposed.
Amendment 56 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Emergency PlanMember States shall ensure that cross- border access to the storage facilities is maintained also in case of emergency. The Emergency PlanMember States shall not introduce any measure unduly restricting the flow of gas across the borders.
Amendment 61 #
2009/0108(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. When the Commission considers that in a Community Emergency, an action taken by a Competent Authority or natural gas undertakings is inappropriate to deal with the Emergency, or that it seriously endangers the situation in another Member State, the Commission shall require the Competent Authority orto change its action or it shall recommend the Competent Authority to require a natural gas undertaking to change its action.
Amendment 66 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 6 – point b – introductory wording
Article 12 – paragraph 6 – point b – introductory wording
b) Natural gas undertakingsThe Competent Authority shall notify the Commission of the following details of the contracts concluded by natural gas undertakings within their territory with suppliers from third countries in an aggregated format:
Amendment 67 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 6 – point b a (new)
Article 12 – paragraph 6 – point b a (new)
ba) Natural gas undertakings shall notify the Competent Authority of the information required according to point b.
Amendment 54 #
2009/0054(COD)
Proposal for a directive
Article 1 – point 2 – point b a (new)
Article 1 – point 2 – point b a (new)
Amendment 66 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “public authority” means any contracting authority, as defined by Directive 2004/18/EC; of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts¹; ¹ OJ L 134, 30.4.2004, p. 114.
Amendment 115 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Articles 3 and 5 and unless otherwise specified in the contract, the creditor is entitled to obtain from the debtor any of the following amounts: (a) for a debt of less than EUR 1 050, a fixed sum of EUR 10; (b) for a debt of EUR 50 or more, but less than EUR 200, a fixed sum of EUR 420; (ba) for a debt of EUR 1 0200 or more, but less than EUR 800, a fixed sum of EUR 40; (bb) for a debt of EUR 800 or more, but less than EUR 108 000, a fixed sum of EUR 780; (c) for a debt of EUR 108 000 or more, a sum equivalent to 1% of the amount for which interest for late payment becomes payable.
Amendment 120 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. The amount of the compensation referred to in paragraph 1 shall not exceed EUR 1 000.
Amendment 121 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1 c (new)
Article 4 – paragraph 1 c (new)
1c. Member States shall ensure that in the case of multiple claims against the same debtor, the compensation for recovery costs referred to in paragraph 1 shall be payable only on the sum of the debts and not on the individual claims.
Amendment 166 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period.
Amendment 177 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 59 #
2009/0006(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) It is appropriate to establish a procedure, including specific requirements, to be observed by any manufacturer or its representativeany person acting on his behalf that wishes to include a new fibre name ion the technical Annexes. This Regulation should thus set out requirements to apply for a new fibre name to be added to the technicalharmonised list of fibre names set out in Annexes I.
Amendment 66 #
2009/0006(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) The Commission should submit a report to the European Parliament and the Council regarding possible new labelling requirements to be introduced at Union level.
Amendment 70 #
2009/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) 'labelling' means affixing the required information to the textile product by attaching a label;
Amendment 71 #
2009/0006(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f b (new)
Article 3 – paragraph 1 – point f b (new)
(fb) 'marking' means indicating the required information on the textile product by sewing, embroidering, printing, embossing or using any other technology of application;
Amendment 89 #
2009/0006(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2
Article 12 – paragraph 4 – subparagraph 2
In the case of bobbins, reels, skeins, balls or other small quantity of sewing, mending and embroidery yarns, the first subparagraph shall apply to the inclusive labelling referred to in Article 15(3). Individual items may be labelled in any one of the Community languages. Where such products are individually sold to the end user, they may be labelled in any of the official languages of the Union, provided they also have an inclusive labelling.
Amendment 144 #
2008/2215(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Invites the Commission, in collaboration with the Member States and on the basis of the health statistics of the Member States and of the latest medical research, to analyse trends in the incidence of gambling addiction and to create a Europe-wide database of risks, so as to enable it to assess the extent and seriousness for society of addiction to online gambling;
Amendment 2 #
2008/2204(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 3 #
2008/2204(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the volume of poor- quality goods from third countries, including copies of goods protected by intellectual property rights and counterfeit medicines, being sold through the internet is increasing and that effective measures must be taken, including measures in cooperation with non-EU countries, to deal with this;
Amendment 4 #
2008/2204(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
Amendment 8 #
2008/2204(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission and the Member States to raise the issue in the World Trade Organisation and to make efforts to achieve global standards and norms which take into account European best practices;
Amendment 7 #
2008/2126(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for Member States to cooperate actively to bring an end to the practices of misleading directory companies and any similar activities, to conduct an information campaign in their countries and thus to increase their citizens’ awareness regarding misleading activities of this nature, and calls for consumer organisations to be involved in the campaign;
Amendment 10 #
2008/2126(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls upon the Commission – in view of the large number of directory- company victims – to create an Internet portal which would warn consumers about misleading activities of this nature, provide them with detailed information concerning such activities and offer advice on how to avoid being misled in such a way (and in cases where consumers have already been misled, on how they should protect themselves and to whom they should turn).
Amendment 11 #
2008/2126(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls upon the Commission (and through it upon the European Consumer Centres and the Solvit network) to become actively involved in the provision of cooperation and assistance to those who fall victim to the operators of misleading directory companies.
Amendment 12 #
2008/2126(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls upon the Member States’ supervisory bodies – in accordance with their mission and with the responsibilities conferred upon them pursuant to their country's domestic law and to EU legislation, in particular European Parliament and Council Regulation (EC) No 2006/2004 of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (Regulation on consumer protection cooperation)1 – to take joint action to prevent any further spread of directory companies' misleading practices and to introduce effective measures which will put directory companies out of business and enable those who run them to be punished. ________ 1 OJ L 364, 9.12.2004, p. 1
Amendment 13 #
2008/2126(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Considers that the directory companies’ practices as described are not only inconsistent with decent behaviour and with the standards of fair trading, they also mostly bear the hallmark of fraud and of other criminal acts and offences, and hence calls upon the appropriate supervisory bodies, police forces and public prosecutor's offices in the Member States – and also upon Europol and Eurojust – to carry out a detailed investigation into the organisers’ practices, possibly leading to the bringing of charges against those actually guilty on EU territory; should they come from third countries, calls upon the Commission to make every effort to conclude international agreements with the countries concerned, pursuant to Article 18 of Regulation (EC) No 2006/2004.
Amendment 14 #
2008/2126(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
Amendment 15 #
2008/2126(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Points out to the Commission that misleading practices of this nature on the part of directory companies are targeted not only at entrepreneurs but also at natural persons (including political representatives) who are not engaged in business but who receive offers concerning fictitious entries in biographical publications (such as ‘Who's Who’, Personality of the Year in a given field, and so on) and based on the same dishonest principle, hence future measures must also outlaw misleading practices of this kind.
Amendment 13 #
2008/2121(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the Commission should immediately address, in particular, questions concerning the implementation of Articles 5, 6 and 8 of Directive 2001/29/EC particularly as regards users’ rights in the information society (including consumers’ rights), digitalisation of cultural heritage in libraries and the changeover to digital television broadcasting; calls, in this regard, on the Commission to broaden the application of Article 5(3)(o) to cover justified digital use, such as, for example, allowing the reception of radio or television broadcasts via a communal domestic antenna (particularly in the case of housing cooperatives) to continue to be an exception pursuant to Article 5(3)(o) after the changeover to digital television broadcasting;
Amendment 21 #
2008/2114(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Points out that some of the monitoring obligations arising from the UCP Directive and from the MCA Directive were also delegated to regulatory bodies for radio and television broadcasting, which, in this connection, warn of a lack of experience and of resources to assess consumer problems; calls on the Commission to organise training and coordination of the exchange of good practice between these Member State regulatory bodies;
Amendment 22 #
2008/2114(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls for an evaluation of the extent to which business representatives and consumer organisations have been involved in implementing the directives in terms of publishing and disseminating information on prohibited unfair business practices, including misleading advertising;
Amendment 2 #
2008/2031(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that human rights must be an essential aspect of the negotiating mandate for trade agreements conferred upon the Commission by the Council and that Parliament must always have a hand in defining that mandate, particularly in view of the fact that the European Union has a key role to play in promoting human rights and democracy in the world and given that economic and political sanctions are an important tool for use in respect of countries which ride roughshod over human rights;
Amendment 3 #
2008/2031(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls upon the Commission to keep Parliament constantly informed regarding the influence which sanctions imposed have on the achievement of objectives and to submit proposals concerning possible changes in the light of developments in the country concerned;
Amendment 7 #
2008/2031(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls upon the Council and the Commission to draw up a clear analysis of the effectiveness of sanctions which have already been imposed and the influence which they have on the EU's trade relations;
Amendment 9 #
2008/2031(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that the EU’s trade sanctions should not have a blanket effect on an entire society but must be more targeted at the financial interests of individuals or of the private and/or state companies responsible forwhich have a direct or indirect influence on infringements of human rights and democracy, without penalising the population, in particular its poorer segments which enable a country's poorest inhabitants to earn a living;
Amendment 10 #
2008/2031(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that sanctions should also affect economic sectors which for governments that violate human rights constitute a strategic source of revenue which enables those governments to hang on to power;
Amendment 11 #
2008/2031(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that when sanctions-related decisions are taken, before sanctions are imposed and when the effectiveness of existing sanctions is assessed, EU bodies should cooperate closely with civil society and non-governmental organisations in the country concerned;
Amendment 15 #
2008/2031(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that, since sanctions have a very important symbolic role to play in the upholding of human rights (owing to the fact that they are linked to specific, defined, blatant violation of human rights), they should not be lifted until the reason for imposing them ceases to apply, irrespective of the effect on the EU's trade interests;
Amendment 16 #
2008/2031(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Takes the view that if it is stated in the evaluation report that the imposition of sanctions is not having the desired effect, the nature of the sanctions should be changed (e.g. from blanket to targeted);
Amendment 20 #
2008/2031(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that trade sanctions should be backed up by tools such as flight bans, restrictions on financial transactions, diplomatic warnings, suspension of cooperation, boycotting of events, etc.specific embargoes (e.g. on imports of weapons), a ban on entry into the EU, etc.; furthermore, all Member States must uphold the sanctions which have been imposed and do so unanimously;
Amendment 27 #
2008/2031(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to monitor the effectiveness of trade sanctions and of the criteria used for imposing and withdrawing such sanctions, and to inform it of the results achieved and to submit to it a proposal for a more consistent strategy for imposing sanctions on countries which violate human rights, with a view to reducing any damaging effect caused by sanctions imposed on an ad hoc basis and yet on the other hand with a view to increasing the effectiveness of sanctions in such a way that the suitability thereof will emerge from a detailed and complex analysis of the situation in the country concerned.;
Amendment 29 #
2008/2031(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls - in cases where a sanction is imposed on a developing country which draws on the support provided by the EU for developing countries - for priority to be given in principle to targeted 'smart' sanctions and not to blanket sanctions which would logically be in conflict with development aid;
Amendment 30 #
2008/2031(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Calls upon the Commission and the Council to assess the impact of sanctions on the development policy of the countries in question and on the EU's trade policy;
Amendment 31 #
2008/2031(INI)
Draft opinion
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. When sanction measures are being assessed, calls for account to be taken of the imposition of sanctions by other bodies, in particular the USA and countries which most often trade with countries on which sanctions are to be imposed;
Amendment 32 #
2008/2031(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Calls on the Commission to begin negotiations with countries which act in such a way as to reduce the effectiveness of the sanctions imposed by the EU in a country on which sanctions have been imposed;
Amendment 33 #
2008/2031(INI)
Draft opinion
Paragraph 8 f (new)
Paragraph 8 f (new)
8f. Calls upon the Commission, with a view to enforcing sanctions in the region concerned, to cooperate continuously with the countries bordering the country on which sanctions have been imposed, both when the type of sanction is being devised and when sanctions are being implemented, and also when their effectiveness and their impact on the trade policy of the entire wider region are being evaluated.
Amendment 283 #
2008/0196(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Digital goods transmitted to the consumer in a digital format, where the consumer obtains the permanent possibility of use should be treated as goods for the application of the provisions applying to sales contracts.
Amendment 290 #
2008/0196(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The definition of dDurable mediuma should include in particular documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and the hard drive of theisks of computers on which the electronic mail or a pdf file is, internet websites or files are stored.
Amendment 296 #
2008/0196(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States may maintain or extend the application of the rules of this Directive to legal or natural persons which are not 'consumers' in the meaning of the article 2, paragraph 1, such as for example NGOs, start-ups or SMEs.
Amendment 370 #
2008/0196(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Consumer contracts should be drafted in plain, intelligible language and be legible. Tradhe contract terms should be free to choose the font type or size in which the contract terms are draftedhave to be drafted in the same font size. The consumer should be given an opportunity to read the terms before concluding the contract. This opportunity could be given to the consumer by providing him with the terms on request (for on-premises contracts) or making those terms otherwise available (e.g. on the trader's website in respect of distance contracts) or attaching standard terms to the order form (in respect of off-premises contracts). The trader should seek the consumer's express consent to any payment in addition to the remuneration for the trader's main contractual obligation. Inferring consent by using opt-out systems, such as pre-ticked boxes online should be prohibited.
Amendment 409 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) "consumer" means any natural person who, in contracts covered by this Directive, is acting for purposes which are primarily outside his trade, business, craft or profession;
Amendment 428 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – introductory part
Article 2 – paragraph 1 – point 4 – introductory part
(4) "“goods" ”means any tangible movable item, with the exception of:or intangible item, including water, gas and electricity with the exception of goods sold by way of execution or otherwise by authority of law.
Amendment 434 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Amendment 437 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Amendment 442 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point c
Article 2 – paragraph 1 – point 4 – point c
Amendment 451 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) "distance contract' means any sales or service contract where the trader, for the conclusion of the contract, makescontract for the provision of a good or service concluded between a trader and a consumer under a distance sales or service-provision scheme where the trader and the consumer, for the conclusion of the contract, are not simultaneously physically present, but, rather, make exclusive use of one or more means of distance communication;
Amendment 479 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b a (new)
Article 2 – paragraph 1 – point 8 – point b a (new)
(ba) concluded during the excursion of the trader with the aim of promoting and selling goods or services acquired by the consumer.
Amendment 487 #
2008/0196(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Amendment 569 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Prior to the conclusion of any sales or services contract, the trader shall provide the consumer with the following information, if not already apparent from the contextinformation about the goods or services that the consumer can reasonably expect taking into account the specific circumstances of the contract and related advertisements, including the following:
Amendment 589 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable; if applicable the percentage of the price that is due to private copying levy on equipment or blank media. In case of an open-ended contract, the final price shall mean the total monthly costs.
Amendment 613 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) the existence, or the absence thereof, of a right of withdrawal, where applicableand the conditions and procedures fore exercising that right including the eventual costs of return of the goods, in accordance with Annex I;
Amendment 627 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) clarification as to who bears the costs of the return of goods after withdrawal, where applicable;
Amendment 628 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) information about the financial guarantees to recover payments made in advance, in case of withdrawal or cancellation;
Amendment 629 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e c (new)
Article 5 – paragraph 1 – point e c (new)
(ec) the existence of codes of conduct and how they can be obtained, where applicable;
Amendment 639 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) the duration of the contract where applicable or if the contract is open-ended or automatically renewable, the conditions for terminating the contract;
Amendment 656 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i a (new)
Article 5 – paragraph 1 – point i a (new)
(ia) the application of technical protection measures for digital products, where applicable;
Amendment 657 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point i b (new)
Article 5 – paragraph 1 – point i b (new)
(ib) the interoperability of digital products with hardware and software according to what the trader is aware of or can reasonably have been aware of, including any lack of interoperability.
Amendment 679 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The trader bears the burden of proof that he has provided the information required by this Article.
Amendment 680 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. The information provided according to this Article shall be given in plain, intelligible language, be legible and in the same font size.
Amendment 681 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
3c. Where the trader engages in the conclusion of sales or service contracts with a clearly identifiable group of consumers who are particularly vulnerable to the commercial practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee, the information to be provided under this Article shall be provided in language, which is plain and intelligible for the average member of that group.
Amendment 682 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 3 d (new)
Article 5 – paragraph 3 d (new)
3d. This Article shall not affect information requirements imposed on traders on the basis of specific Community legislation.
Amendment 740 #
2008/0196(COD)
Proposal for a directive
Article 10 – paragraph 1
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 in plain and intelligible language and, be legible and in the same font size. The order form shall include the standard withdrawal form set out in Annex I(B). (This amendment applies throughout the text - instead of "legible" stands "legible and in the same font size".)
Amendment 962 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 1009 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point h
Article 19 – paragraph 1 – point h
Amendment 1047 #
2008/0196(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1053 #
2008/0196(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Amendment 1114 #
2008/0196(COD)
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22a Right to delivery of goods or supply of services to another Member State In the case of a distance contract, the consumer shall be entitled to require the trader to deliver the goods or supply the service to another Member State. The trader is required to meet the consumer's request if this is technically feasible and if the consumer is prepared to bear all the related costs. The trader must in all cases state these costs in advance.
Amendment 1229 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 1 c (new)
Article 26 – paragraph 1 c (new)
1c. With regard to digital goods, 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.
Amendment 1288 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – point d
Article 26 – paragraph 4 – point d
(d) the same or another similar defect has reappeared more than once within a short period of timeafter the good was repaired or replaced.
Amendment 1335 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. When the trader has remedied the lack of conformity by repair, the periods provided in paragraph 1 shall be suspended by the period of time during which the goods were not in the physical possession of the consumer due to the repair.
Amendment 1336 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1c. In the case of certain durable goods, such as building materials or motor vehicles, etc., Member States may lay down a longer time limit than the period specified in paragraph 1.
Amendment 1382 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 1
Article 29 – paragraph 1
1. A commercial guarantee shall be binding on the guarantor under the conditions laid down in the guarantee statement. In the absence of the guarantee statement or if the guarantee statement is of disadvantage compared to the advertising on the commercial guarantee, the commercial guarantee shall be binding under the conditions laid down in the advertising on the commercial guarantee.
Amendment 1390 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – introductory part
Article 29 – paragraph 2 – introductory part
2. The guarantee statement shall be drafted in plain intelligible language and be legible, be legible and in the same font size. The guarantee shall be drafted in the language of the contract. It shall include the following:
Amendment 1401 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) without prejudice to Articles 32 and 35 and Annex III(1)(j), set out, where applicable,include the information that the commercial guarantee cannot be transferred to a subsequent buyer.
Amendment 1402 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c a (new)
Article 29 – paragraph 2 – point c a (new)
(ca) include the information that maintenance services and spare parts will be available up 5 years as from the time of the conclusion of the contract.
Amendment 1412 #
2008/0196(COD)
Proposal for a directive
Article 29 b (new)
Article 29 b (new)
Direct producer's liability 1. The producer is liable towards the consumer to repair or replace the goods for any lack of conformity that existed at the date of the purchase. 2. The producer shall repair or replace the goods, at his choice, at the latest 30 days after having been notified of the lack of conformity without prejudice to article 28 paragraph 1.
Amendment 1420 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. This Chapter shall apply to contract terms drafted in advance by the trader or a third party, which the consumer agreed to without having the possibility of influencing their content, in particular where such contract terms are part of a pre-formulated standard contractall written and oral contracts concluded between a trader or a third party and a consumer, irrespective of whether they have been individually or collectively negotiated.
Amendment 1428 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 1432 #
2008/0196(COD)
Proposal for a directive
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 1437 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Contract terms shall be expressed in plain, intelligible language and be legible. , be legible, in the same font size, easily and permanently accessible; they should be provided in the language in which the contract is concluded.
Amendment 1441 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 1 c (new)
Article 31 – paragraph 1 c (new)
1c. A contract term which has been supplied by the trader in breach of the duty of transparency according to this article shall on that ground alone be considered unfair.
Amendment 1449 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 2 c (new)
Article 31 – paragraph 2 c (new)
2c. The contract terms shall be presented at a place where a consumer reasonably expects to find them.
Amendment 1455 #
2008/0196(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 1470 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1a. When assessing the fairness of a contract term, the competent court or national authority shall take into account the manner in which the contract term has been communicated to a consumer by the trader and, where applicable, the manner in which it was drafted, in accordance with Article 31(1) and (2).
Amendment 1472 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Without prejudice to Articles 34 and 38, the unfairness of a contract term shall be assessed, taking into account the nature of the products for which the contract was concluded and by referring, at the time of the conclusion of the contract, to all the circumstances attendingto all the circumstances occurring before, during and after the conclusion and to all the other terms of the contract or of another contract on which the former is dependent. When assessing the fairness of a contract term, the competent national authority shall also take into account the manner in which the contract was drafted and communicated to the consumer by the trader in accordance with Article 31.
Amendment 1480 #
2008/0196(COD)
Proposal for a directive
Article 32 – paragraph 3 d (new)
Article 32 – paragraph 3 d (new)
3d. Where the contract is concluded for the acquisition of digital goods, the terms of use are not considered as the subject matter of the contract.
Amendment 1484 #
2008/0196(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
Where the trader claims that a contract term has been individually negotiatedcompliant with the transparency requirements of article 31, the burden of proof shall be incumbent on him.
Amendment 1517 #
2008/0196(COD)
Proposal for a directive
Article 40 a (new)
Article 40 a (new)
The rights resulting from this Directive shall be exercised without prejudice to other rights which the consumer may invoke under the national rules governing contractual or non-contractual liability.
Amendment 1534 #
2008/0196(COD)
Proposal for a directive
Article 46 a (new)
Article 46 a (new)
Where Member States maintain or introduce more stringent provisions to ensure a higher level of consumer protection in the field harmonised by this directive, these provisions must be compatible with the Treaty and must be notified to the Commission. The Commission shall make that information public on a website.
Amendment 1583 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point l c (new)
Annex 3 – paragraph 1 – point l c (new)
(lc) enabling the trader to limit the agreed performance of the product or to unduly limit the interoperability of digital products with hardware and software;
Amendment 1584 #
2008/0196(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point l d (new)
Annex 3 – paragraph 1 – point l d (new)
(ld) restricting the use of digital products permitted under copyright law;
Amendment 15 #
2008/0152(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to facilitate the marketing of products bearing environmental labels at national and Community level and to avoid confusing consumers, it is also necessary to enhance the coherence between the Community Ecolabel scheme and national Ecolabel schemes in the Community. and to expand the European Ecolabel Catalogue1 by providing consumers and manufacturers with information, in all official languages of the Community, about procedures relating to the Community Ecolabel, including information about how to apply for it. ______________ 1 See www.eco-label.com.
Amendment 18 #
2008/0152(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 42 #
2008/0142(COD)
Proposal for a directive
Recital 3
Recital 3
(3) This Directive respects the fundamental rights and observes the general principles of law as recognised in particular by the Charter of Fundamental Rights of the European Union. The right of access to healthcare and the right to benefit from medical treatment under conditions established by national law and practices are recognised by Article 35 of the Charter of Fundamental Rights of the European Union. Specifically, this Directive has to be implemented and applied with due respect for the rights to private and family life, protection of personal data, equality before the law and the principle of non- discrimination, the fundamental ethical choices of Member States and the right to an effective remedy and to a fair trial, in accordance with the general principles of law, as enshrined in Articles 7, 8, 20, 21, 47 of the Charter.
Amendment 45 #
2008/0142(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) This Directive respects and does not prejudice the freedom of each Member State to decide what type of health care it considers appropriate. No provision of this Directive shall be interpreted in a way as to undermine the fundamental ethical choices of Member States, in particular as regards the protection of the right to life of every human being.
Amendment 55 #
2008/0142(COD)
Proposal for a directive
Recital 11
Recital 11
(11) As recognised by the Member States in the Council Conclusions on Common values and principles in European Union Health Systems there is a set of operating principles that are shared by health systems throughout the Community. These operating principles include quality, safety, care that is based on evidence and ethics, patient involvement, redress, the fundamental right to privacy with respect to the processing of personal data, and confidentiality. Patients, professionals and authorities responsible for health systems must be able to rely on these shared principles being respected and structures provided for their implementation throughout the Community. It is therefore appropriate to require that it is the authorities of the Member State on whose territory the healthcare is provided, who are responsible for ensuring compliance with those operating principles. This is necessary to ensure the confidence of patients in cross-border healthcare, which is itself necessary for achieving patients' mobility and free movement of provision of healthcare in the internal market as well as a high level of health protection. In view of these common values it is nevertheless accepted that Member States take different decisions on ethical grounds as regards the availability of certain treatments and the concrete access conditions. This Directive is without prejudice to the ethical diversity. It does not impose on Member States to make treatments and services accessible their territory or to reimburse costs for those treatments (received in another Member State) which are not allowed according to national laws, regulations and codes of conduct of the medical professions.
Amendment 82 #
2008/0142(COD)
Proposal for a directive
Recital 27
Recital 27
(27) This Directive provides also for the right for a patient to receive any medicinal product or medical device authorised for marketing in the Member State where healthcare is provided, even if the medicinal product or medical device is not authorised for marketing in the Member State of affiliation, as it is an indispensable part of obtaining effective treatment in another Member State.
Amendment 85 #
2008/0142(COD)
Proposal for a directive
Recital 30
Recital 30
(30) There is no definition of what constitutes hospital care throughout the different health systems of the Community, and different interpretations could therefore constitute an obstacle to the freedom for patients to receive healthcare. In order to overcome that obstacle, it is necessary to provide a Community definition of hospital care. Hospital care generally means care requiring the overnight accommodation of the patient. However, it may be appropriate to submit to the same regime of hospital care also certainy other kinds of healthcare, if that healthcare requires use of highly specialised andighly cost-intensive healthcare (usually highly specialised). It makes sense for Member Sates to set a financial limit for such highly cost- intensive medical infrastructure or medical equipment (e.g. high-technology scanners used for diagnosis) or involving treatments presenting ahealthcare. Establishing a uniform list and definitions for specialised healthcare is not possible in practical terms in the light of progress in medical science and a non-uniform list may also be an unreliable guideline for patients, who must take care to identify when they have the right to receive cross-border healthcare in another Member State without the prior agreement of their health insurance provider. Setting a financial limit on cost-intensive healthcare is something which particular risk for the patient or the population (e.g. treatment of serious infectious diseases). A regularly updated list of such treatments shall be specifically defined by the Commission through the comitology procedure. ents will understand and at the same time takes account of the differences in the financial situation of the health systems of the Member States with regard to the principle of subsidiarity, i.e. their right to decide on the financing and organisation of health and healthcare provision, and at the same time is in accordance with the case-law of the Court of Justice of the European Communities. When planning to receive cross-border healthcare, patients will ask for a preliminary estimate for the treatment, on the basis of which they will or will not ask their health insurance provider for prior authorisation. Member States shall announce the financial limit valid for a period of at least one year and may regularly increase the level.
Amendment 91 #
2008/0142(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In any event, if a Member State decided to establish a system of prior authorisation for assumption of costs of hospital or specialisedhighly cost-intensive care provided in another Member States in accordance with the provision of this Directive, the costs of such care provided in another Member State should also be reimbursed by the Member State of affiliation up to the level of costs that would have been assumed had the same or similar healthcare been provided in the Member State of affiliation, without exceeding the actual costs of healthcare received. However, when the conditions set out in Article 22(2) of Regulation (EC) No 1408/71 are fulfilled the authorisation should be granted and the benefits provided in accordance with that Regulation. This applies in particular in instances where the authorisation is granted after an administrative or judicial review of the request and that the person concerned has received the treatment in another Member State. In that case Articles 6, 7, 8 and 9 of this Directive shall not apply. This is in line with the case law of the Court of Justice which has specified that patients who received a refusal of authorisation subsequently held to be unfounded, are entitled to have the cost of the treatment obtained in another Member State reimbursed in full according to the provisions of the legislation in the Member State of treatment.
Amendment 97 #
2008/0142(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) The Commission should reinforce reciprocal aid between national bodies responsible for monitoring quality, voluntary certification of activities, quality certifications and cooperation of professional associations and should support the development of codes of conduct of healthcare service providers.
Amendment 113 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision of safe, high quality and efficient cross-border healthcare and for enhanced legal certainty for citizens regarding the reimbursement of the cost of healthcare provided in another Member State.
Amendment 121 #
2008/0142(COD)
Proposal for a directive
Article 2
Article 2
1. The objective of this Directive is to establish rules for the movement of patients who decided to seek cross-border healthcare either of their own volition or on the recommendation of their treating physician or their health insurance provider. 2. This Directive shall apply to cross- border provision of healthcare regardless of how it is organised, delivered and financed or whether it is public or private. 3. The purpose of the Directive is to enhance access to cross-border healthcare.
Amendment 125 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply without prejudice to: the Community legislation below; where the provisions of this Directive are at variance with the provisions of another piece of Community legislation which implements specific aspects of healthcare, the provisions of that other Community law shall take precedence and shall apply to the specific situation in question. This shall apply in particular to: -a) Directive 2005/36/EC of the European Parliament and of the Council of 6 July 2005 on the recognition of professional qualifications; -ab) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
Amendment 126 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. WIn accordance with the case-law of the Court of Justice of the European Communities and when the circumstances under which an authorisation to go to another Member State in order to receive appropriate treatment under Article 22 of Regulation (EC) No 1408/71 must be granted are met, the provisions of that Regulation shall apply and the provisions of Articles 6, 7, 8 and 9 of this Directive shall not apply. Conversely, when an insured person seeks healthcare in another Member State in other circumstances, Articles 6, 7, 8 and 9 of this Directive apply and Article 22 of Council Regulation (EC) No 1408/71 shall not apply. However, whenever the conditions for granting an authorisation set out in Article 22(2) of Regulation (EC) No 1408/71 are fulfilled, the authorisation shall be accorded and the benefits provided in accordance with that Regulation. In that case Articles 6, 7, 8 and 9 of this Directive shall not apply.
Amendment 159 #
2008/0142(COD)
Proposal for a directive
Article 4 – point l
Article 4 – point l
(l) ‘harm’ means adverse outcomes or injuriesdemonstrable physical or mental damage stemming from the incorrect provision of healthcare (non lege artis procedure).
Amendment 188 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) patients have a means ofit is straightforward for patients to makinge complaints and they are guaranteed remedies and compensation when they suffer harm arising from the healthcare they receive;
Amendment 190 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) systems of professional liability insurance or a guarantee or similar arrangement, which are equivalent or essentially comparable as regards their purpose and which are appropriate to the nature and the extent of the risk are in place for treatment provided on their territory of all Member States;
Amendment 198 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
Amendment 199 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(gb) the calculation of the costs of healthcare provided to patients from other Member States corresponds to the actual average costs charged to patients or to their health insurance companies in the Member State of treatment;
Amendment 200 #
2008/0142(COD)
Proposal for a directive
Article 5 – paragraph 1 – point g c (new)
Article 5 – paragraph 1 – point g c (new)
(gc) in the case of healthcare provision not covered by public funds, healthcare providers publish price lists for services that would, among other things, make remote access possible, and that these price lists are the same for patients from the Member State as for patients from other Member States;
Amendment 216 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation, including administrative regulations, guidelines and codes of conduct of the medical professions, of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory. Healthcare can only be considered as being similar, if it does not contravene the laws, regulations and codes of conduct of the medical professions of the Member State of affiliation. In any event, it is for the Member State of affiliation to determine the healthcare that is paid for regardless of where it is provided.
Amendment 233 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Member State of affiliation may impose on a patient seeking healthcare provided in another Member State, the same conditions, criteria of eligibility and regulatory and administrative formalities including codes of conduct of the medical professions for receiving healthcare and reimbursement of healthcare costs as it would impose if the same or similar healthcare was provided in its territory, in so far as they are not neither discriminatory nor an obstacle to freedom of movement of persons.
Amendment 247 #
2008/0142(COD)
Proposal for a directive – amending act
Article 7
Article 7
The Member State of affiliation shall not make the reimbursement of the costs of non-hospital care, or care other than highly cost-intensive care, provided in another Member State subject to prior authorisation, where the cost of that care, if it had been provided in its territory, would have been paid for by its social security system. In such cases, the Member State of affiliation shall not be entitled to require any other requests or declarations by the patient. Or. cs Justification
Amendment 257 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 283 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination or an obstacle to the implementation of the right to free movement of citizens of the Union.
Amendment 376 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. The Member States shall cooperate and shall make every effort necessary to detect counterfeit medicinal products on the EU market.
Amendment 377 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. Article 14 shall also apply to prescriptions for the supply of medical devices authorised in accordance with the laws of the Member State concerned.
Amendment 391 #
2008/0142(COD)
Proposal for a directive
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) to support provision of objective, reliable, timely, transparent and transferable information on the short- and long-term effectiveness of health technologies and on their possible side- effects and impacts on society, and enable an effective exchange of this information between national authorities or bodies.
Amendment 132 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/22/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 164 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6
Article 20 – paragraph 6
Amendment 235 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 33 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2002/21/EC
Article 3 – paragraph 6 a (new)
Article 3 – paragraph 6 a (new)
6a. National competition authorities, the Commission and national regulatory authorities shall not impose sanctions in relation to the same facts sanctioned or dismissed by another authority acting within the scope of its own competences where the same facts and subject matter is involved.
Amendment 39 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1– point 6
Article 1– point 6
Directive 2002/21/EC
Article 7 −paragraph 8
Article 7 −paragraph 8
Amendment 41 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 8 – point (b)
Article 1 – point 8 – point (b)
Directive 2002/21/EC
Article 8 − paragraph 2 – point b
Article 8 − paragraph 2 – point b
(b) ensuring that there is no distortion or restriction of competition in the electronic communications sector, in particular for the delivery of content;
Amendment 76 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 1
Article 2 – point 1
Directive 2002/19/EC
Article 2 − point a
Article 2 − point a
(a) “access” means the making available of facilities and/or services to another undertaking, under defined conditions, on either an exclusive or nonexclusive basis, for the purpose of providing electronic communications services or delivering information society services or broadcast content services. It covers inter alia: access to network elements and associated facilities, which may involve the connection of equipment by fixed or non- fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop); access to physical infrastructure including buildings, ducts and masts; access to relevant software systems including operational support systems; access to number translation or systems offering equivalent functionality; access to fixed and mobile networks, in particular for roaming; access to conditional access systems for digital television services;, access to virtual network services.
Amendment 80 #
2007/0247(COD)
Proposal for a directive – amending act
Article 2 – point 9
Article 2 – point 9
Directive 2002/19/EC
Article 13a
Article 13a
Amendment 86 #
0249/2007(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive), Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (hereinafter together referred to as "the Framework Directive and the Specific Directives"), and also the positions adopted by EU bodies, including the European Parliament resolution on consumer confidence in the digital environment1, aim to create an internal market for electronic communications within the Community while ensuring a high level of investment, innovation and consumer protection through enhanced competition. 1 Texts adopted, P6_TA(2007)0287.
Amendment 89 #
0249/2007(COD)
Proposal for a regulation
Article 3 – point c
Article 3 – point c
(c) provide advice for market players (including consumers and consumer organisations) and national regulatory authorities on regulatory issues;
Amendment 94 #
0249/2007(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A Body of European Electronic Communications Market Regulators in Telecom (BERT) (the 'Authority') is established with the responsibilities laid down in this Regulation. This amendment is especially drafted for the Czech version (it deals with use of the word "úřad") and it applies throughout the text. Adopting it will necessitate corresponding changes throughout.Or. cs
Amendment 95 #
0249/2007(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Authority shall in particular contribute to the harmonised application of the provisions of the Framework Directive and the Specific Directives and shall also take into account the positions adopted by EU bodies by assisting the Commission in the preparation of recommendations or decisions to be adopted by the Commission in accordance with Article 19 of Directive 2002/21/EC (Framework Directive).
Amendment 98 #
0249/2007(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Authority shall provide the Commission upon request with all the information available to carry out the tasks referred in paragraphs 1 to 4and 2.
Amendment 99 #
0249/2007(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 102 #
0249/2007(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) organising or promoting training for national regulatory bodies, other national administrative bodies or EU bodies on all matters regarding electronic communications.
Amendment 103 #
0249/2007(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Authority shall make such information available to the public in an easily accessible form which also allows remote access.
Amendment 104 #
0249/2007(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 105 #
0249/2007(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Authority shall publish an annual report on developments in the electronic communications sector, including consumer issues, in which it shall identify remaining barriers to the completion of the single market for electronic communications, including those relating to inadequate consumer awareness and to other problems mentioned inter alia in the European Parliament resolution concerning consumer confidence in the digital environment. The report shall also include an overview and analysis of the information on national appeal procedures provided by the Member States pursuant to Article 4(3) of Directive 2002/21/EC (Framework Directive), and of the extent to which the out-of-court dispute settlement procedures referred to in Article 34 of Directive 2002/22/EC (Universal service Directive) are used in Member States. Those parts of the report which address matters affecting consumers (including retail-price comparisons) shall be published on the Authority's website in a form easily accessible to consumers.
Amendment 106 #
0249/2007(COD)
Proposal for a regulation
Article 24
Article 24
The Authority shall comprise: (a) an Administrative Board (b) a Board of Regulators (c) a Director Board of Regulators (b) an Executive Board (dc) a Chief Network Security Officer (e) a Permanent Stakeholders' Group (f) a Board of Appeal.n Executive Director
Amendment 107 #
0249/2007(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. The Administrative BoardBoard of Regulators shall adopt, before 30 September each year, after consulting the Commission and after the approval of the Board of Regulators in accordance with Article 28(3), the work programme of the Authority for the coming year and shall transmit it to the European Parliament, the Council and the Commission. The work programme shall be adopted without prejudice to the annual budgetary procedure. (ThiOr. cs aAmendment brings the Czech translation into line with the English original version of55 by Mrs Herczog)
Amendment 108 #
0249/2007(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. The Administrative BoardBoard of Regulators shall exercise its budgetary powers in accordance with Articles 36 to 38.
Amendment 109 #
0249/2007(COD)
Proposal for a regulation
Article 26 – paragraph 12
Article 26 – paragraph 12
12. The Administrative BoardBoard of Regulators shall adopt its rules of procedure.
Amendment 110 #
0249/2007(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Board of Regulators shall provide an opinion to the Director before the adoption of the opinions, recommendations and decisions referred to in Articles 4 to 23 within its field of competenceExecutive Board shall be responsible for representing the Authority and ensuring that the Authority performs its activities in accordance with the provisions of this Regulation. In addition, the Executive Board of Regulators shall provide guidance to the Director inissue instructions to the Executive Director which are essential to the execution of the Director's tasks.
Amendment 111 #
0249/2007(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Board of Regulators shall deliver an opinion on the candidate to be appointed as Director in accordance with Article 26(1) and Article 29(2). The Board shall reach this decision on the basis of a majority of three quarters of its members. The Director shall not participate in the preparation of, or vote on, such opinionsChairperson of the Executive Board shall each year be called upon to attend a hearing before the appropriate European Parliament committee to report on the Authority's performance.
Amendment 112 #
0249/2007(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
Amendment 113 #
0249/2007(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 114 #
0249/2007(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. After consulting tThe Board of Regulators, the Administrative Board, acting on a proposal from the Commission, may extend the term of office of the Executive Director once for not more than three years, taking into account the evaluation report and only in those cases where it can be justified by the duties and requirements of the Authority. The Administrative Board shall inform the European Parliament about its intention to extend the Director's term of office. Within a month before the extension of his/her term of office, the Director may be invited to make a statement before the competent committee of the Parliament and answer questions put before its members. If the term of office is not extended, the Executive Director shall remain in office until the appointment of his/her successor.
Amendment 115 #
0249/2007(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Executive Director may be removed from office only upon a decision by the Administrative Board, after consulting the Board of Regulators. The Administrative BoardBoard of Regulators. The Board of Regulators shall reach this decision on the basis of a majority of three -quarters of its members. (ThisOr. cs the amendment brings the Czech translation into line with the English original version ofy Mrs Herczog.)
Amendment 116 #
0249/2007(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The Director shall be responsible for implementing the annual work programme of the Authority, under the guidance of the Board of Regulators and of the Chief Network Security Officer as appropriate, and under the administrative control of the Administrative Board.
Amendment 117 #
0249/2007(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 119 #
0249/2007(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The revenues of the Authority shall consist of: (a) charges for services provided by the Authority; (b) a proportion of usage fees paid by applicants in accordance with the provisions of Article 17; (c) a subsidy from the Community, entered in the general budget of the European Communities (Commission Section); (d) any legacies, donations or grants as mentioned in Article 26(7); (e) any voluntary contribution from the Member States or from their regulatory authoritiesbe in the following proportions: (a) one-third of the annual revenues shall take the form of a Community subsidy from the appropriate chapter of the EU’s general budget on the basis of a decision taken by the budgetary authority in accordance with paragraph 47 of the 6 May 2006 interinstitutional agreement; (b) two-thirds of its annual revenues shall take the form of contributions from the national regulatory bodies. The Member States shall contribute amounts of the same value. The Member States shall ensure that the national regulatory bodies are provided with sufficient financial and human resources to enable them to carry out the tasks with which they are entrusted by the Authority and to finance the Authority properly. The Member States should designate a budget heading which the national regulatory bodies must use in order to secure resources with which to finance the Authority from their annual budgets. Those budgets shall be made public.
Amendment 120 #
0249/2007(COD)
Proposal for a regulation
Article 42
Article 42
Amendment 121 #
0249/2007(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Members of the Authority's Boards, the Director, external experts, and members of the staff of the Authority including officials seconded by Member States on a temporary basis are subject to the requirements of confidentiality pursuant to Article 287 of the Treaty, even after their duties have ceased.
Amendment 122 #
0249/2007(COD)
Proposal for a regulation
Article 55
Article 55
Within fivetwo years from the effective start of operations and every five years thereafter, the Commission shall publish a general report on the experience acquired as a result of the operation of the Authority and of the procedures laid down in this RegulationAuthority shall evaluate its performance. The evaluation shall cover the results achieved by the Authority and its working methods, in relation with its objective, mandate and tasks defined in this Regulation and in its annual work programmes. The evaluation shall take into account the views of stakeholders (including consumers and consumer organisations), at both Community and national level. The report and any accompanying proposals shall be forwarded to the European Parliament, the Council and to the Councilmmission.