1402 Amendments of Matteo SALVINI
Amendment 16 #
2017/2193(INI)
Motion for a resolution
Recital F
Recital F
F. whereas New Zealand is a party to the concluded negotiations for a Trans- Pacific Partnership (TPP), the future of which remains uncertain, and the ongoing negotiations on a Regional Comprehensive Economic Partnership (RCEP) in East Asia, uniting its most important trading partners; whereas New Zealand has had a free trade agreement in place with China since 2015, which could subsequently act as a bridge for the import of Chinese products into the European Union;
Amendment 30 #
2017/2193(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the importance of deepening relations between the Member States of the EU and the Asia-Pacific region for economic growth within Europe and stresses that this is reflected in the EU’s trade policy; recognises that New Zealand is a key part of this strategy and that widening and deepening trade relations can help to meet this goal;
Amendment 33 #
2017/2193(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 35 #
2017/2193(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 41 #
2017/2193(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 48 #
2017/2193(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for greater transparency in the negotiations, for the national parliaments to be kept informed of the progress made and for all national governments to be given access to all negotiation documents so as to enable them to monitor the process in full transparency;
Amendment 53 #
2017/2193(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to conclude, as soon as possible, its assessments of the potential impact of such a trade deal on the economies of each Member State, with a view to being able to evaluate thoroughlyevaluate the possible gains and losses from the enhancement of the EU- New Zealand trade and investment relationships, for the benefit of citizens and businesses on both sides, and particularly the benefit of the farming sector, including in the outermost regions and the overseas countries and territories;
Amendment 61 #
2017/2193(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Council not to authorise the Commission to start negotiations for a trade and investment agreement and an investment protection agreement with New Zealand on the basis of the outcome of the scoping exercise and with clear targets;
Amendment 67 #
2017/2193(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Council to clearly distinguish between an agreement on trade and the liberalisation of foreign direct investment (FDI), only containing issues under EU exclusive competence, and a second agreement on investment protection, including on FDI and non-direct investment, which would be subject to an Investment Court Systemnot to interfere in matters falling within the competence of the Member States;
Amendment 72 #
2017/2193(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission, when presenting the finalised agreements for signature and conclusion, and on the Council, when deciding on signature and conclusion, to fully respect the distribution of competences between the EU and its Member States; and to respect states' constitutions and decisions;
Amendment 76 #
2017/2193(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to conduct negotiations as transparently as possible and fully respect best practice as established in other negotiations; requests that the Council make the negotiating mandate public, and for the national parliaments to be fully and actively involved in the decision-making process;
Amendment 82 #
2017/2193(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 89 #
2017/2193(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that an ambitious agreement must address, in a meaningful way, investment, trade in goods and services (drawing on recent European Parliament recommendations as regards reservations of policy space and sensitive sectors), e- commerce, public procurement, energy, state-owned enterprises, competition, regulatory issues such as sanitary and phytosanitary barriers, as well as technology research;
Amendment 90 #
2017/2193(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Asks the Commission to set out a uniform approach for agriculture and to publish its analyses as soon as possible, thus enabling an objective assessment of the potential advantages and disadvantages for European producers to be made, including an estimate of the impact on employment, and of the possibility of introducing specific aid for European supply chains;
Amendment 103 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point a
Paragraph 14 – point a
(a) Real market access opportunities for both sides to each other’s goods and services market through the elimination of regulatory barriers: nothing in the agreement however should prevent either side from regulating to achieve legitimate policy objectives; considering in this respect that no EU trade agreement has must ever privatisedlead to the privatisation of public services, such as water, education, health and social services, nor decreased our high European health, food, consumer, environmental, labour and safety standards, nor constrained public funding of the arts and culture, education, and health and social services;
Amendment 125 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point d a (new)
Paragraph 14 – point d a (new)
(da) A separate chapter taking into account the needs and interests of European farmers since the elimination of tariff and non-tariff barriers will be somewhat prejudicial to them;points out that New Zealand has a very competitive, export-focused agricultural sector;points out that, on average, the farms there are larger than their European counterparts;emphasises, therefore, that securing increased access to the vast EU market through the removal or lowering of tariff and non-tariff barriers in the sector will undoubtedly be a priority for New Zealand;thus takes the view that the EU must refrain from making any sort of commitment concerning the most sensitive agricultural products, such as beef, veal, sheepmeat, cereals, dairy products or special sugars;
Amendment 130 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point d b (new)
Paragraph 14 – point d b (new)
(db) A separate chapter taking into account the interests of consumers;reiterates that consumer protection should be a core principle of any trade agreement;
Amendment 145 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point g
Paragraph 14 – point g
(g) A balanced outcome in the agriculture and fisheries chapters which gives due consideration to the interests of all European producers and consumers, for instance by introducing appropriate quotas in the most sensitive sectors; considers that only then can it boost competitiveness and be beneficial to both consumers and produceWarns all stakeholders against the wholesale opening-up of the agriculture and fisheries sectors, in particular, bearing in mind that the overriding concern is to protect the interests of European producers and consumers in those sectors;
Amendment 146 #
2017/2193(INI)
Motion for a resolution
Paragraph 14 – point g a (new)
Paragraph 14 – point g a (new)
(ga) Emphasises that it is important to recognise that all European geographical indications should be protected effectively, and placed at the heart of the negotiations;notes that the ‘coexistence’ mechanism for GIs – used where similarly-named private trademarks are on the market in third countries – does not provide sufficient protection for EU products on the market, giving consumers a vague and misleading impression of the origin of food products;calls on the Commission, furthermore, where it does not come forward with any protection mechanisms, to consider excluding from free trade agreements any EU agricultural sectors the survival of which would be threatened by market competition or which have experienced specific crisis situations in recent years;
Amendment 161 #
2017/2193(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Looks forward to the launch of negotiations with New Zealand and to following them closely and contributing to their successful outcome; rReminds the Commission of its obligation to inform Parliament immediately and fully at all stages of the negotiations (both before and after the negotiating rounds); is committed to addressing the legislative and regulatory issues that may arise in the context of the negotiations and the future agreement; reiterates its fundamental responsibility to represent the citizens of the EU, and looks forward to facilitating inclusive and open discussions during the negotiating process;
Amendment 165 #
2017/2193(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that Parliament will endeavouris bound to monitor the implementation of the future agreement;
Amendment 10 #
2017/2192(INI)
Motion for a resolution
Recital F
Recital F
F. whereas Australia is a party to the concluded negotiations for a Trans-Pacific Partnership (TPP), the future of which remains uncertain, and the ongoing negotiations on a Regional Comprehensive Economic Partnership (RCEP) in East Asia, uniting Australia’s most important trading partners; whereas Australia has had a free trade agreement in place with China since 2015, which could subsequently act as a bridge for the import of Chinese products into the European Union;
Amendment 23 #
2017/2192(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the importance of deepening relations between the Member States of the EU and the Asia-Pacific region for economic growth within Europe and stresses that this is reflected in the EU’s trade policy; recognises that Australia is a key part of this strategy and that widening and deepening trade relations can help to meet this goal;
Amendment 26 #
2017/2192(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 28 #
2017/2192(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 34 #
2017/2192(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 40 #
2017/2192(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for greater transparency in the negotiations and for the national parliaments to be kept informed of progress and for all national governments to be given access to all negotiation documents so as to enable them to follow the process in full transparency;
Amendment 45 #
2017/2192(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to conclude, as soon as possible, its assessments of the potential impact of such a trade deal on the economies of each Member State, with a view to being able to evaluate thoroughly the possible gains and losses from the enhancement of the EU- Australia trade and investment relationships, for the benefit of citizens and businesses on both sides, and particularly the benefit of the farming sector, including in the outermost regions and the overseas countries and territories;
Amendment 53 #
2017/2192(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Council not to authorise the Commission to start negotiations for a trade an investment agreement and an investment protection agreement with Australia on the basis of the outcome of the scoping exercises and with clear targets;
Amendment 61 #
2017/2192(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Council to clearly distinguish between an agreement on trade and the liberalisation of foreign direct investment (FDI), only containing issues under exclusive EU competence, and a second agreement on investment protection, including on FDI and non-direct investment, which would be subject to an Investment Court Systemnot to interfere in matters falling under the competence of the Member States;
Amendment 66 #
2017/2192(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission, when presenting the finalised agreements for signature and conclusion, and on the Council, when deciding on signature and conclusion, to fully respect the distribution of competences between the EU and its Member States; and to respect states' constitutions and decisions;
Amendment 71 #
2017/2192(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to conduct negotiations as transparently as possible and fully respecting best practice as established in other negotiations; requests that the Council make the negotiating mandate public and for the national parliaments to be fully and actively involved in the decision-making process;
Amendment 77 #
2017/2192(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 85 #
2017/2192(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises that an ambitious agreement must address, in a meaningful way, investment, trade in goods and services (drawing on recent Parliament recommendations as regards reservations of policy space and sensitive sectors), e- commerce, public procurement, energy, state-owned enterprises, competition, regulatory issues such as sanitary and phytosanitary barriers, as well as technology research;
Amendment 87 #
2017/2192(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Asks the Commission to set out a uniform approach for agriculture and to publish its analyses as soon as possible, thus enabling an objective assessment of the potential advantages and disadvantages for European producers to be made, including an estimate of the impact on employment and of the possible introduction of specific aid for European supply chains;
Amendment 101 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point a
Paragraph 14 – point a
(a) Real market access opportunities for both sides to each other’s goods and services market through the elimination of regulatory barriers: nothing in the agreement, however, should prevent either side from regulating to achieve legitimate policy objectives; considering, in this respect, that no EU trade agreement hasmust ever privatisedlead to the privatisation of public services, such as water, education, health and social services, nor decreased our high European health, food, consumer, environmental, labour and safety standards, nor constrained public funding of the arts and culture, education, and health and social services;
Amendment 124 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point d a (new)
Paragraph 14 – point d a (new)
(da) A dedicated chapter taking into account the needs and interests of European farmers since the elimination of tariff and non-tariff barriers will cause a certain amount of damage to their livelihoods;points out that Australia has a very competitive, export-focused agricultural sector;reiterates out that, on average, the farms there are larger than their European counterparts;emphasises, therefore, that securing increased access to the vast EU market through the removal or lowering of tariff and non- tariff barriers in the sector will undoubtedly be a priority for Australia;thus takes the view that the EU must refrain from making any sort of commitment concerning the most sensitive agricultural products, such as beef, veal, sheepmeat, cereals, dairy products or special sugars;
Amendment 129 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point d b (new)
Paragraph 14 – point d b (new)
(db) A dedicated chapter taking into account the interests of consumers;reiterates that consumer protection should be a core principle of any trade agreement;
Amendment 148 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point g
Paragraph 14 – point g
(g) A balanced outcome in the agriculture and fisheries chapters which gives due consideration to the interests of all European producers and consumers, for instance by introducing appropriate quotas in the most sensitive sectors; considers that only then can it boost competitiveness and be beneficial to both consumers and produceWarns all stakeholders against the wholesale opening-up of the agriculture and fisheries sectors, in particular, bearing in mind that the overriding concern is to protect the interests of European producers and consumers in those sectors;
Amendment 149 #
2017/2192(INI)
Motion for a resolution
Paragraph 14 – point g – point i (new)
Paragraph 14 – point g – point i (new)
(i) Emphasises that it is important to recognise that all European geographical indications should be protected effectively, and placed at the heart of the negotiations;notes that the ‘coexistence’ mechanism for GIs – used where similarly named private trademarks are on the market in third countries – does not provide sufficient protection for EU products on the market, giving consumers a vague and misleading impression of the origin of food products;calls on the Commission, furthermore, where it does not come forward with any protection mechanisms, to consider excluding from free trade agreements any EU agricultural sectors the survival of which would be threatened by market competition or which have experienced specific crisis situations in recent years;
Amendment 165 #
2017/2192(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Looks forward to the launch of negotiations with Australia and to following them closely and contributing to their successful outcome; rReminds the Commission of its obligation to inform Parliament immediately and fully at all stages of the negotiations (both before and after the negotiating rounds); is committed to addressing the legislative and regulatory issues that may arise in the context of the negotiations and the future agreement; reiterates its fundamental responsibility to represent the citizens of the EU, and looks forward to facilitating inclusive and open discussions during the negotiating process;
Amendment 170 #
2017/2192(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that Parliament will endeavouris bound to monitor the implementation of the future agreement;
Amendment 30 #
2017/2065(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in the past European minimum standards on data protection in trade agreements have practically been deviated to the detriment of consumers;
Amendment 34 #
2017/2065(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas various citizens’ initiatives have expressed their concerns about the level of data protection in trade agreements;
Amendment 39 #
2017/2065(INI)
Motion for a resolution
Recital F
Recital F
Amendment 69 #
2017/2065(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that the Member States of the EU, as a community of values and the world’s biggest exporter of services, should set the standards in international rules and agreements on digital trade flows based on three elements: (1) ensuring market access for digital goods and services in third countries, (2) ensuring that trade rules create tangible benefits for consumers and (3) promoting respect for fundamental rights;
Amendment 74 #
2017/2065(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that access to secure broadband internet connectivity and digital payment methods, effective consumer protection, in particular redress mechanisms for online cross-border sales, and predictable customs procedures, are essential elements in relation to enabling digital trade, sustainable development and inclusive growth and development;
Amendment 90 #
2017/2065(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that adequacy decisions, including partial and sector- specific ones, are a fundamental mechanism in terms of safeguarding the transfer of personal data from the EU to a third country; notes that the EU has only adopted adequacy decisions with four of its 20 largest trading partners, not giving any guarantee for the other 16 main trading partners;
Amendment 119 #
2017/2065(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 126 #
2017/2065(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 140 #
2017/2065(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores third country practices which make market access conditional on the disclosure and transfer to state authorities of the source codes of the software that companies intend to sell; considers that such measures are disproportionate as a blanket requirement for market access; calls on the Commission to prohibit signatory governments to FTAs from engaging in such activities;
Amendment 146 #
2017/2065(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the protection of trademarks, intellectual property (IP) and investments in R&D is a precondition of the EU’s knowledge-based economy, and that international cooperation is key to combating the trade in counterfeited goods; stresses, however, that trade agreements are not the place to extend the level of protection for rights holders by providing for more extensive copyright enforcement powers; stresses that access to medicines in third countries should not be challenged on the basis of IP protection;
Amendment 160 #
2017/2065(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that, since 1998, members of the WTO have upheld a moratorium on tariffs on electronic transmissions; stresses that such tariffs would entail unnecessary additional costs for businesses and consumers alike; calls on the Commission to transform the moratorium into a permanent agreement on banning tariffs on electronic transmissions, on the basis of an obligatory reciprocity with its trading partners;
Amendment 174 #
2017/2065(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly supports the further mainstreaming of digital technologies and services in the EU’s development policy; calls on the Commission to stimulate public-private partnerships to increase investments in digital infrastructure in the Global South; urges the Commission to make investments in broadband infrastructure in developing countries conditional upon respect for a free, open and secure internet; calls on the Commission to use trade agreements to improve digital rights;
Amendment 2 #
2017/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for own resources reforms that establish a predictable and stable basis for the EU budget which is independent, transparent and balanced and will address the growing pressure on the EU budgetreforms that bring stability to the EU budget, are transparent and balanced and ensure that the relevant authorities do not systematically create new areas of expenditure – which often duplicate activities carried out in the Member States, simplify the complex and opaque rebate arrangements, and aim to lower the contribution of the Member States (and not increase the tax burden on EU citizens) and decrease the EU’s dependency on the national contributions based on VAT and GNI; calls for greater transparency in all the EU bodies, particularly the Commission;
Amendment 6 #
2017/2053(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that in order to boost the transition towards a sustainable, circular and low-carbon economy and deliver on the commonly agreed Energy Union targets, significant additional investments are required in the period 2020-2030the withdrawal of a Member State from the Union must not lead to an additional burden on the other Member States but to a proportionate reduction in the EU budget;
Amendment 7 #
2017/2053(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that own resources based on GNI, while designed to be raised only when other own resources are insufficient to cover costs, have, over time, grown out of all proportion and now constitute some 70% of the EU’s revenue; therefore considers it necessary and urgent to remedy this anomaly by reducing EU expenditure appropriately;
Amendment 9 #
2017/2053(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that, while the EU is required to balance its budget, expenditure commitments routinely exceed payments, thus creating a de facto EU public debt; calls for priority to be given to eliminating arrears and for any new expenditure commitment to be limited to the EU’s exclusive competences and, in the case of concurrent competences, to policies with an irrefutable European added value, without prejudice to the principles of subsidiarity and proportionality;
Amendment 10 #
2017/2053(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that the EU’s Member States' international trade is directly related to the traditional own resources of the EU, which consist mainly of customs duties on imports from outside the EU Member States and sugar levies and in 2015 represented 12.8 % of the total revenue of the EU; those resources (especially sugar) must be seen in the context of the ongoing trade negotiations with New Zealand and Australia in particular; stresses that the French overseas departments and territories, in which large quantities of sugar are produced, must not be forgotten;
Amendment 12 #
2017/2053(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that a tangible progress on these key‘fair return’ on EU policies requires a thorough reform with a view to a more effective EU budget based on genuine own resources, with a direct and transparent link to investments in projects with clear European added value for citizens and companies;
Amendment 14 #
2017/2053(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines the pressing need to analyse the impact on the traditional own resources of the conclusion of (free) trade agreements and to allocate alternative sources of income in order to compensate for a possible decrease in those resources; points out that steps must be taken to stop powers being transferred, even temporarily, to the Commission, given that those powers are often exercised without proper and continuous scrutiny by Parliament and generate expenditure against the budget;
Amendment 19 #
2017/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 23 #
2017/2053(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that own resources based on an electricity tax or motor fuel levy continue to encounter strong political opposition and, in the case of an electricity tax, would overlap with the scope of the EU Emissions Trading System (EU ETS); considers, therefore, that these options are not the most suitable instruments of reform for the current system of own resources;
Amendment 29 #
2017/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that DG Environment accounts for the second largest volume of fines imposed for non-compliance with EU legislation, amounting to EUR 284 million for the period 2014-2017; calls for revenue stemming directly from EU legislation and its enforcement to be invested in common EU projects with tangible added value, without prejudice to the principles of subsidiarity and proportionality;
Amendment 31 #
2017/2053(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recallsiterates more strongly its previous calls for a more effective EU customs system, with the optimisation of the current EU arrangements so that tax evasion and all forms of unfair competition can be addressed and duties and levies can be effectively collected for the EU’s own resources;
Amendment 33 #
2017/2053(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that the conditions are present making it possible to boost ‘other revenue’ by increasing the contributions third countries need to pay to participate in EU programmes, and the taxes on the salaries of EU staff;
Amendment 35 #
2017/2053(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes that trade defence instruments (TDIs) are a source for EU own resources, but that owing to their nature they cannot be a stable basis for a consistent contribution; stresses that TDIs should not primarily be used as a EU own resources source, as they should only be established appropriately and proportionally, in line with applicable rules.
Amendment 48 #
2017/2053(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that revenue from the European Travel Information and Authorisation System (ETIAS) for third- country nationals should be used to invest in research and development in the field of clean and low-emission air transport ato boost fund ing further improvements to the efficient use of airspace, and to boost funding for the European Border and Coast Guardor the border police forces and coastguards of Member States, particularly those most exposed to illegal immigration flows;
Amendment 53 #
2017/2053(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for an exploration of the possiblthe introduction of an own resource reflecting the carbon content of imported consumer goods sold in the singleternal market, such as a carbon-added tax (CAT), that would replace the EU ETS and gradually replace a proportion of the current VAT-based own resource.
Amendment 10 #
2017/0328(COD)
Draft legislative resolution
Paragraph 2
Paragraph 2
2. RegDeplorets that the European Parliament - and ultimately the representatives of the Union’s citizens - were not fully involved ine fact that the conclusion of the procedure to select the new seat of the European Medicines Agency (EMA), which was eventually concluded by was left to chance through the drawing of lots, despite it being such an important decision; decisions in relation to the location of bodies and agencies need, and legally should, be taken under the ordinary legislative procedure, fully respecting the European Parliament's prerogatives, whereby the European Parliament and the Council are equal co- legislators;
Amendment 20 #
2017/0328(COD)
Draft legislative resolution
Paragraph 3
Paragraph 3
3. Calls on the budgetary authorities and the Commission to ensure that the costs relating to the change in the seat of EMA will be fully covered by the current host countrygeneral budget of the Union;
Amendment 26 #
2017/0328(COD)
Draft legislative resolution
Paragraph 4
Paragraph 4
4. Calls on the budgetary authorities and the Commission to ensure that theany unexpected additional costs relating to the double transfer of the seat of EMA, first to a temporary location, and then to the Vivaldi Building, will be fully covered by the Dutch government and thus will not adversely affect the general budget of the Union;
Amendment 33 #
2017/0328(COD)
Draft legislative resolution
Paragraph 5
Paragraph 5
5. Calls on the budgetary authorities and the Commission to ensure that the double transfer will not jeopardise the normal operational needs of EMA, and will guarantee business continuity and EMA’s smooth functioning, without disruption, beyond March 2019;
Amendment 39 #
2017/0328(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In the context of the United Kingdom's notification on 29 March 2017 of its intention to leave the Union, pursuant to Article 50 of the Treaty on European Union, the other 27 Member States, meeting on 20 November 2017 in the margins of the General Affairs Council (‘Article 50’), selected Amsterdam, the Netherlands, as the new seat of the European Medicines Agency. However, the Executive Director was subsequently forced to acknowledge1a that the Amsterdam headquarters would not enable the Agency to become fully operational on schedule. The new seat should therefore be located in Milan (Italy), which was initially unsuccessful purely as a result of a random draw but fully satisfies all the logistic requirements
Amendment 48 #
2017/0328(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 726/2004
Article 71a
Article 71a
The Agency shall have its seat in Amsterdam, the NetherlandsMilan, Italy.
Amendment 16 #
2017/0035(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The system established by Regulation (EC) No 182/2011 has, overall, proven to work well in practice and struck an appropriate institutional balance as regards the roles of the Commission and the other actors involved. That system should therefore continue to function unchanged except for certain led to a plethora of implementing acts, making it difficult for Parliament and the Council to exercise their control function. It is clear from the number of objections that Parliament has adopted, particularly to the authorisation of genetically modified organisms (GMOs) or pesticides – matters on which public opinion is clear – that the system of adoption and control of implementing acts takes scant account of democratic parliamentary representation. That system should therefore be changed, particularly through the adoption of targeted amendments concerning specific aspects of procedure at the level of the appeal committee. These amendments are intended to ensure that Member State governments assume wider political accountability and ownership of politically sensitive implementing acts without, however, modifying the legal and institutional responsibilities for implementing acts as organised by Regulation (EU) No 182/2011.
Amendment 20 #
2017/0035(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Experience has shown that, in the vast majority of cases, the appeal committee repeats the outcome of the examination committee and results in no opinion being delivered. The appeal committee has therefore not helped in providing clarity on Member State positions despite the fact that the Member States are consulted at the examination procedure stage, and those positions may remain undisclosed when the matter goes to the vote.
Amendment 25 #
2017/0035(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) That discretion is, however, significantly reduced in cases relating to the authorisation of products or substances, such as in the area of genetically modified food and feed, as the Commission is obliged to adopt a decision within a reasonable time and cannot abstain from taking a decision. Throughout the procedure, moreover, the Commission may choose to disregard Parliament’s position entirely, as it has done on almost 20 occasions in the past three years, thus, while undoubtedly complying with the Treaties, giving members of the public every reason to be mistrustful of the EU.
Amendment 32 #
2017/0035(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 36 #
2017/0035(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 38 #
2017/0035(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The voting rules for the appeal committee shouldought to be changed in order to reduce the risk of no opinion being delivered and to provide an incentive for Member State representatives to take a clear position. To this end only Member States which are present or represented, and which do not abstain, should be considered as participating Member States for the calculation of the qualified majority. In order to ensure that the voting outcome is representative a vote should only be considered valid if a simple majority of the Member States are participating members of the appeal committee. If the quorum is not reached before expiry of the time-limit for the committee to take a decision, it will be considered that the committee delivered no opinion, as is the case today. We would point out, however, that amending the rules for the calculation of the qualified majority in this way would be in breach of the Treaties1a. __________________ 1ahttp://www.europarl.europa.eu/RegData /docs_autres_institutions/parlements_nati onaux/com/2017/0085/PL_SENATE_CO NT1-COM(2017)0085_EN.pdf http://www.europarl.europa.eu/RegData/d ocs_autres_institutions/parlements_natio naux/com/2017/0085/FR_SENATE_CON T1-COM(2017)0085_FR.pdf
Amendment 41 #
2017/0035(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Commission should have the possibility, in specific cases, to ask the Council to indicate its views and orientation on the wider implications of the absence of an opinion, including the institutional, legal, political and international implications. The Commission should take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referrarefer the matter to the Council. The Commission should adopt the proposal referred back to it by the Council.
Amendment 47 #
2017/0035(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Transparency on the votes of Member State representatives at the appeal committee level should be increased, and during the prior examination procedure, should be increased, States should be invited to explain their votes and the individual Member State representatives'’ votes should be made public.
Amendment 49 #
2017/0035(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) For Regulation (EU) No 182/2001 to improve further the functioning of the institutional system, the right of the European Parliament and of the Council to scrutinise the legality of Union acts should be made effective. If the European Parliament or the Council indicate to the Commission that in their opinion a draft implementing act exceeds the implementing powers provided for in the basic act, the Commission should not be able to adopt said draft implementing act without changes thereto.
Amendment 52 #
2017/0035(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Regulation (EU) No 182/2011 should therefore be amended accordingly once it has been duly confirmed that it will be compatible with the Treaties,
Amendment 53 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 182/2011
Article 3 – paragraph 7 – subparagraph 6
Article 3 – paragraph 7 – subparagraph 6
Amendment 56 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 182/2011
Article 3 – paragraph 7 – subparagraph 6
Article 3 – paragraph 7 – subparagraph 6
Where no opinion is delivered in the appeal committee pursuant to the second subparagraph of Article 6(3), the chair may decide that the appeal committee shall hold a further meeting, at ministerial level. In such cases the appeal committee shall deliver its opinion within 32 months of the initial date of referral.
Amendment 57 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 182/2011
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 58 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EU) No 182/2011
Article 6 – paragraph 1 – subparagraph 1 a
Article 6 – paragraph 1 – subparagraph 1 a
Amendment 62 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a a (new)
Article 1 – paragraph 1 – point 2 – point a a (new)
Regulation (EU) No 182/2011
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
(aa) in paragraph 3, the second subparagraph is deleted;
Amendment 66 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3 a
Article 6 – paragraph 3 a
3a. Where no opinion is delivered in the appeal committee, the Commission mayshall refer the matter to the Council for an opinion indicating its views and orientation on the wider implications of the absence of opinion, including the institutional, legal, political and international implications. The Commissionuncil shall tmake account of any position expressrecommendations which shall be forwarded byto the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referralmmission, the Member States and Parliament. The Commission shall use the recommendations to draw up a fresh proposal for an implementing act within 3 months.
Amendment 67 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 182/2011
Article 6 – paragraph 3 a
Article 6 – paragraph 3 a
3a. Where no opinion is delivered in the appeal committee, the Commission may refer the matter to the Council for an opinion indicating its views and orientatio: (a) withdraw the draft implementing act; or (b) refer the matter to the Council. The Council shall by the majority laid down oin the wider implications of the absence of opinion, including the institutional, legal, political and international implications. The Commission shall take account of any position expressed by the Council within 3 months after the referral. In duly justified cases, the Commission may indicate a shorter deadline in the referrArticle 5(1) propose to the Commission either that it adopt the draft implementing act, with or without amendments, or that it not adopt it. The Commission shall adopt without delay the Council's proposal.";
Amendment 69 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Regulation (EU) No 182/2011
Article 6 – paragraph 4
Article 6 – paragraph 4
(ba) Paragraph 4 is replaced by the following: "4. By way of derogation from paragraphs 3 and 3a, for the adoption of definitive multilateral safeguard measures, in the absence of a positive opinion voted by the majority provided for in Article 5(1), the Commission shall not adopt the draft measures.".
Amendment 77 #
2017/0035(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 182/2011
Article 11 – paragraph 1
Article 11 – paragraph 1
(3a) Article 11 is replaced by the following: "Where a basic act is adopted under the ordinary legislative procedure, either the European Parliament or the Council may at any time before the Commission refers the matter to the Council in accordance with Article 6(3a)(b), indicate to the Commission that, in its view, a draft implementing act exceeds the implementing powers provided for in the basic act. In such a case, the Commission shall review the draft implementing act, taking account of the positions expressed, and shall inform the European Parliament and the Council whether it intends to maintawithin two months: (a) submit an amended version thereof to the committee; or (b) refer the draft implementing act back to the Council in, amend or withdraw the draft implementing actccordance with Article 6(3a)(b); or (c) withdraw it. The Commission shall inform the European Parliament and the Council of the decision taken.".
Amendment 35 #
2016/2226(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Shares the view that the Decent Work Country Programme should be extended beyond 2016 and should be deepened so as to consider the modernisation of the Uzbek economy, employment policy, occupational health and safety and labour inspection, also taking gender equalitynd the still dramatic water consumption and environmental aspects into account;
Amendment 37 #
2016/2226(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the EEAS to provide Parliament regularly with detailed information on the situation in Uzbekistan, in particular with regard to the eradication of child and forced labour; asks for the creation of a detailed study on the current situation of the abolishment of forced labour in order to support decision-building within the European Parliament and its commissions; decides to continue to monitor developments in Uzbekistan and to organise a regular dialogue with the ILO, the Commission, the EEAS and other stakeholders aimed at the total eradication of forced labour in Uzbekistan;
Amendment 5 #
2016/2222(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that palm oil accounts for about 40 % of global trade in all vegetable oils and that the EU, with around 7 million tonnes per year, is the second largest global importer; calls on the Commission, in this connection, to reduce the amount of imported palm oil from third countries by to applying different customs duty schemes for certified sustainable palm-oil products;
Amendment 16 #
2016/2222(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 32 #
2016/2222(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of improving the situation through appropriate certification, easily accessible for SMEs, confirming that the palm oil in question has been produced without undue harm to the environment and society and that the product is effectively and transparently traceable throughout the entire supply chain; calls for clear and transparent labelling for all processed goods, to indicate the presence and origin of palm oil and of the main ingredients of the food;
Amendment 51 #
2016/2222(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to ban EU imports of biodiesel derived from palm oil and to introduce a mandatory labelling scheme for biodiesel ingredients and their origins, and for other palm oil products;
Amendment 53 #
2016/2222(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Maintains that the production of land-based biofuels must not cause deforestation; points to the need, in this regard, to favour the use of agricultural by-products and processing waste in order to rationalise the production process and limit farms’ energy bills;
Amendment 56 #
2016/2222(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 61 #
2016/2222(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points to the need to ensure that certification schemes guarantee genuinely sustainable palm oil under protocols that will effectively protect biodiversity and safeguard working conditions while helping to keep the deforestation level close to zero;
Amendment 15 #
2016/2100(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that EU competition law and authorities need to guarantee a level playing field in the digital single market; calls on the Commission to pursue a policy of active, effective and accelerated enforcement of the competition rules, in particular in the online search and mobile internet sector, in order to remove barriers to innovation and to enable EU consumers to seize all the opportunities that a genuine digital single market can offer;
Amendment 34 #
2016/2100(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for active monitoring of all possible competition issues related to geo- blocking and other restrictions on online sales; welcomes the ongoing e-commerce sector enquiry, which should be conducted thoroughly and brought to an expeditious close and which may provide useful input for other actions within the digital single market strategy, and respect for Member States’ powers in the cultural field, in connection with geo-blocking and other legitimate restrictions on online sales;
Amendment 44 #
2016/2100(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 2 #
2016/2064(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the European Fund for Strategic Investments (EFSI), which is used to finance risky and innovative projects, can be used as a tool to boost EU growth and promote the development of strong, sustainable and competitive industry; demands nonetheless to make sure that the fund is used in responsible way not allowing its use for overly risky projects;
Amendment 17 #
2016/2064(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 5 #
2016/2031(INI)
Motion for a resolution
Recital B
Recital B
Amendment 19 #
2016/2031(INI)
Motion for a resolution
Recital D
Recital D
Amendment 27 #
2016/2031(INI)
Motion for a resolution
Recital E
Recital E
Amendment 64 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
(ii) the strengthenany kingd of trade relations between the EU and Turkey should be set against the background of the common will of the parties to share the set of values and principles laid down in the EU's founding treaties, including the Charter of Fundamental Rights, and to work together to implement them fully and comprehensivelyhave to be based on the common acceptance of fundamental human rights, including a proper separation of powers, an independent judiciary and the freedom of press;
Amendment 70 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point a – point iv
Paragraph 1 – point a – point iv
Amendment 76 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point a – point v
Paragraph 1 – point a – point v
Amendment 88 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
Amendment 130 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point ii
Paragraph 1 – point c – point ii
(ii) the liberalisation of the sectors that are not currently included in the Customs Union should take place in a progressive and binding manner, by measuring its impact on businesses, particularly SMEs, consumers and the environment. To that end, parliamentary institutions, both at EU level and nationally, can play an active role in liaising and holding talks with stakeholders and civil societyre should be no further liberalisation of sectors beyond the current status quo;
Amendment 147 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point iv
Paragraph 1 – point c – point iv
(iv) the liberalisation ofEU- Turkey cooperation in matters of trade in agricultural products should be conditional upon reform of Turkish legislation on grants and export subsidies in order to avoid distortionary effects on the CAP system. Special consideration should be given to the impact on EU small- scale farmers regarding those categories of product that are vulnerable to competition;
Amendment 176 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point ix
Paragraph 1 – point c – point ix
Amendment 185 #
2016/2031(INI)
Motion for a resolution
Paragraph 1 – point c – point x
Paragraph 1 – point c – point x
(x) the inclusion of the energy and commodity sectors might represents strategic added value in EU-Turkey trade relations, provided that; its integration should be postponed to the moment when Turkey successfully establishes an open, competitive and non- discriminatory economic environment is established;
Amendment 42 #
2016/0392(COD)
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 59 #
2016/0392(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) details establishing the link between a given quality, reputation or other characteristic of the spirit drink and the geographical area referred to in point (d);
Amendment 66 #
2016/0392(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Where, on the basis of the information available to the Commission from the scrutiny carried out pursuant to the first subparagraph of Article 23(1), the Commission considers that the conditions for registration are not fulfilled, it shall adopt implementing acts rejecting the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).provide the Member State responsible with its negative assessment and subsequent remarks, checking with that Member State, within a set period of time, whether those conditions are a definitive impediment to registration;
Amendment 68 #
2016/0392(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. If, further to the checks with the Member State responsible referred to in paragraph 1, the Commission receives no notice of opposition or no admissible reasoned statement of opposition under Article 24, it shall adopt implementing acts, without applying the procedure referred to in Article 44(2), registering the name.
Amendment 90 #
2016/0392(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 91 #
2016/0392(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. For a period of up to two years following the entry into force of this Regulation, the Commission, only at the indication of the Member State responsible and by means of implementing acts, may, on its own initiative, cancel the protection of geographical indications referred to in Article 20 of Regulation (EU) No 110/2008 if they do not comply with point (6) of Article 2(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 44(2).
Amendment 95 #
2016/0392(COD)
Proposal for a regulation
Article 38 – paragraph 1 – introductory part
Article 38 – paragraph 1 – introductory part
1. In order to take account of the specificities of the production in the demarcated geographical area, with reference to the protection of geographical indications and the possible illegal use thereof, the Commission shall be empowered to adopt delegated acts in accordance with Article 43 concerning:
Amendment 99 #
2016/0392(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
Amendment 101 #
2016/0392(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 5, 16, 38, 41 and 46(2) shall be conferred on the Commission for an indeterminate five-year period of time from the entry into force of this Regulation.
Amendment 124 #
2016/0392(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) While it is important to ensure that in general the maturation period or age specifies only the youngest alcoholic component, it should be possible to provide, by means of delegatedimplementing acts, for a derogation, to take account of traditional ageing processes in the Member States.
Amendment 126 #
2016/0392(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In some cases, fFood business operators mayshould be required or may want to indicate the origin of spirit drinks to render their products traceable and to draw consumers’ attention to their qualities of their product. Such origin indications should comply with harmonised criteria. Therefore, specific provisions on the indication of the country of origin or place of provenance in the presentation and labelling of spirit drinks should be laid down.
Amendment 176 #
2016/0392(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘geographical indication’ means an indication which identifies a spirit drink as originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of that spirit drink is essentially attributable to its geographical origin;
Amendment 227 #
2016/0392(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
The sales denomination of a spirit drink shall be specified in the electronic accompanying documents.
Amendment 238 #
2016/0392(COD)
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
The sales denominations referred to in paragraph 1 supplemented by the term ‘flavour’ or any other similar terms may only be used to refer to flavourings that imitate a spirit drink or their use in the production of a foodstuff other than a beverage. Gand geographical indications shall not be used to describe flavourings.
Amendment 264 #
2016/0392(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. AProvided that the spirit drink was aged under supervision of the tax authorities of a Member State or a supervision affording equivalent guarantees, a maturation period or age may only be specified in the presentation or labelling of a spirit drink where: (a) it refers to the youngest alcoholic component and provided that the spirit drink was aged under supervision of the tax authorities of a Member State or a supervision affording equivalent guarantees. ; or (b) it refers to the oldest alcoholic component, provided that the ageing method used is clearly explained.
Amendment 265 #
2016/0392(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 a (new)
Article 11 – paragraph 3 – subparagraph 1 a (new)
The maturation period or age, where mentioned pursuant to the previous paragraph, shall be specified in the electronic accompanying documents relating to the spirit drink.
Amendment 273 #
2016/0392(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where tThe origin of a spirit drink ishall be indicated, it and shall correspond to the country or territory of origin in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council16 . __________________ 16 Regulation (EU) No 952/2013 of the Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 275 #
2016/0392(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The indication of the country or territory of origin of the ingredients shall not be required for spirit drinks.
Amendment 279 #
2016/0392(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The origin of a spirit drink and of its ingredients shall be specified in the electronic accompanying documents relating to that spirit drink.
Amendment 296 #
2016/0392(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 303 #
2016/0392(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) rules on the modalities for indicating, when used, the country or territory of origin on the label of spirit drinks.
Amendment 304 #
2016/0392(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
Amendment 315 #
2016/0392(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) details establishing the link between a given quality, reputation or other characteristic of the spirit drink and the geographical area referred to in point (d);
Amendment 333 #
2016/0392(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
The Commission shall scrutinise by appropriate means any application that it receives pursuant to Article 21, in order to check that it is justified and that it meets the conditions of this Chapter. This scrutiny should not exceed a period of 12 months. Where this period is exceeded, the Commission shall indicate in writing to the applicant the reasons for the delayall be exercised within a period of 18 months.
Amendment 348 #
2016/0392(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
The Commission may, on its own initiative or at the requestat the request of the Member State concerned – through the latter’s competent authority as referred to in Article 40(1) – or of any natural or legal person having a legitimate interest, adopt implementing acts to cancel the registration of a geographical indication in the following cases:
Amendment 350 #
2016/0392(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
Amendment 359 #
2016/0392(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. A homonymous name which misleads the consumer into believing that products come from another territoryWithout prejudice to paragraph 3, a homonymous name shall not be registered even if the nameas long as it is accurate as far as the actual territory, region or place of origin of those products is concerned.
Amendment 364 #
2016/0392(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Without prejudice to paragraph 2, gGeographical indications of spirit drinks protected under Regulation (EC) No 110/2008, shall automatically be protected as geographical indications under this Regulation. The Commission shall list them in the Register.
Amendment 365 #
2016/0392(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 371 #
2016/0392(COD)
Proposal for a regulation
Article 35 – paragraph 1 – subparagraph 1 – point b
Article 35 – paragraph 1 – subparagraph 1 – point b
Amendment 374 #
2016/0392(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
Amendment 381 #
2016/0392(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 395 #
2016/0392(COD)
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. In order to take account of the specificities of the production in certain demarcated geographical areas in their own territory, Member States may establish rules concerning: (a) the additional criteria for the demarcation of the geographical area; and (b) the restrictions and derogations related to the production in the demarcated geographical area.
Amendment 398 #
2016/0392(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 5, 16, 38, 41 and 46(2) shall be conferred on the Commission for an indeterminate five-year period of time from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 404 #
2016/0392(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – paragraph 1
Annex I – paragraph 1 – point 2 – paragraph 1
‘Distillate of agricultural origin’ means anthe alcoholic liquid which is obtained by the distillation, after alcoholic fermentation, of an agricultural product or products listed in Annex I to the Treaty which does not have the properties of ethyl alcohol or of a spirit drink but still retains the aroma and taste of the raw materials(s) used.
Amendment 406 #
2016/0392(COD)
Proposal for a regulation
Annex I – paragraph 1 – point 2 – paragraph 2
Annex I – paragraph 1 – point 2 – paragraph 2
Where reference is made to the raw materials used, the distillate must be obtained exclusively from that raw materials.
Amendment 420 #
2016/0392(COD)
Proposal for a regulation
Annex II – section 1 – part 3 – point b
Annex II – section 1 – part 3 – point b
(b) With the exception of ‘Korn’, the minimum alcoholic strength by volume of grain spirit shall be 37 5%. Or. it (See Regulation (EC) No 110/2008, Annex II, point 3)
Amendment 431 #
2016/0392(COD)
Proposal for a regulation
Annex II – section 1 – part 9 – point b – introductory part
Annex II – section 1 – part 9 – point b – introductory part
(b) The maximum methanol content of fruit spirit shall be 1 000 grams per hectolitre of 100 % vol. alcohol. However for the following fruit spirits the maximum methanol content shall be: Or. it (See Regulation (EC) No 110/2008, Annex II, point 9)
Amendment 432 #
2016/0392(COD)
Proposal for a regulation
Annex II – section 1 – part 9 – point b – point i – introductory part
Annex II – section 1 – part 9 – point b – point i – introductory part
(i) However, in case of fruit spirits1 200 grams per hectolitre of 100 % vol. alcohol obtained from the following fruits or berries mentioned below, the maximum methanol content shall be 1 200 grams per hectolitre of 100 % vol. alcohol: : Or. it (See Regulation (EC) No 110/2008, Annex II, point 9)
Amendment 433 #
2016/0392(COD)
Proposal for a regulation
Annex II – section 1 – part 9 – point b – point ii – introductory part
Annex II – section 1 – part 9 – point b – point ii – introductory part
(ii) In case of fruit spirits1 350 grams per hectolitre of 100 % vol. alcohol obtained from the following fruits or berries mentioned below, the maximum methanol content shall be 1 350 grams per hectolitre of 100 % vol. alcohol: : Or. it (See Regulation (EC) No 110/2008, Annex II, point 9)
Amendment 448 #
2016/0392(COD)
Proposal for a regulation
Annex II – section 1 – part 15 – point a – paragraph 2
Annex II – section 1 – part 15 – point a – paragraph 2
This process may be followed by re- distillation and/or treatment with appropriate processing aids or both, including treatment with activated charcoal, to give it special organoleptic characteristics. Or. it (See Regulation (EC) No 110/2008, Annex II, point 15)
Amendment 454 #
2016/0392(COD)
Proposal for a regulation
Annex II – section 1 – part 15 – point d
Annex II – section 1 – part 15 – point d
(d) The description, presentation or labelling of vodka not produced exclusively from potatoes or cereals shall bear the indication ‘produced from ...’, supplemented by the name of the raw materials used to produce the ethyl alcohol of agricultural origin. The labelling shall be in accordance with Article 13(2) of Directive 2000/13/EC. Or. it (See Regulation (EC) No 110/2008, Annex II, point 15)
Amendment 469 #
2016/0392(COD)
Proposal for a regulation
Annex II – section 1 – part 30 – point a
Annex II – section 1 – part 30 – point a
(a) Bitter-tasting spirit drinks or bitter are spirit drinks with a predominantly bitter taste produced by flavouring ethyl alcohol of agricultural origin with flavouring substances. as defined in Article 3(2)(b) of Regulation (EC) No 1334/2008 and/or flavouring preparations as defined in Article 3(2)(d) of that Regulation; Or. it (See Regulation (EC) No 110/2008, Annex II, point 30)
Amendment 308 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point q
Article 2 – paragraph 2 – point q
(q) ‘non-food cellulosic material’ means feedstocks mainpartly composed of cellulose and hemicellulose, and having a lower lignin content than ligno-cellulosic material; it includes food and feed crop residues (such as straw, stover, husks and shells), grassy energy crops with a low starch content (such as ryegrass, switchgrass, miscanthus, giant cane and cover crops before and after main crops), industrial residues (including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted), and material from biowaste;
Amendment 323 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point d d
Article 2 – paragraph 2 – point d d
(dd) ‘food and feed crops’ means starch- rich crops, sugars and oil crops produced on agricultural land as a main crop excluding residues, waste or ligno- cellulosic material. Intermediate crops such as catch crops and cover crops are not considered main crops;
Amendment 451 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State’s gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,84.5% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
Amendment 702 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 3
Article 26 – paragraph 1 – subparagraph 3
Biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity, heating and cooling or fuels with a fuel capacity equal to or exceeding 20 MW in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0.5 MW in case of gaseous biomass fuels. Member States may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity.
Amendment 875 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 7 – point d
Article 26 – paragraph 7 – point d
Amendment 886 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 8
Article 26 – paragraph 8
Amendment 923 #
2016/0382(COD)
Proposal for a directive
Article 27 – paragraph 1 a (new)
Article 27 – paragraph 1 a (new)
1a. For bio-methane, mass balance system obligations shall apply from the original feedstock to the point of injection into the gas grid. Guarantees of origin for bio-methane injected into the grid shall contain information on the sustainability and GHG emission saving criteria set out in Article 26(2) to 26(7). Member States shall make guarantees of origin for bio-methane injected into the grid the only accepted mean for origin disclosure purposes.
Amendment 1075 #
Amendment 20 #
2016/0351(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia,occurs when reported prices or costs, including the costs of raw materials and other factors of production, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation existswhen assessing the existence of significant distortions , regard mayshould be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives. It is further appropriate to provide that the Commission services may issue a report describing the specific situation concern high degree of government influence over the allocation of resources and decisions of enterprises, whether directly or indirectly (e.g. public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; the existence of state- induced distortions ing these criteria in a certain country or a certain sector; that such report and the evidence on which it is based may be placed on the file of any investigation relating to th operation of enterprises linked to privatisation and the use of non-market trading or compensation system; the absence or inadequate implementation of a transparent and non-discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate country or sector; and thmpany information); the absence or inadequate interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. mplementation of a coherent, effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime; the absence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortion.
Amendment 27 #
2016/0351(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country should lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarks for each and every factor of production in the construction of the normal value. If an exporting producer from a country or a sector in which there exists one or more significant distortions conclusively demonstrates that its costs of one or more individual factors of production are not distorted, those costs should be used in the construction of its normal value. The absence of distortion of an exporting producer's costs of a given factor and the reliability thereof should be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production. Such individual findings should not influence the normal value of other exporting producers and consequently should not be extrapolated to the whole country or sector regardless of the application of Article 17.
Amendment 29 #
2016/0351(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) It is further appropriate to provide that the Commission services issue a report describing the specific situation concerning these criteria in a certain country or a certain sector. The Union industry should be consulted during the report drafting process. Such report and the evidence on which it is based should be placed on the file of any investigation relating to that country or sector. European Parliament should monitor the report drafting process. On the request of the European Parliament or in the case of a change of circumstances in a specific country or sector, the Commission shall update the report. The determinations made as to the existence of significant distortions for a country or sector should take into account all of the relevant evidence on the file and should be made definitively by the Commission no later than three months following initiation of an investigation. Interested parties should be given 10 days to comment on these determinations.
Amendment 34 #
2016/0351(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low, such costs may be adjusted orshould be established on any reasonable basis, including information from other representative markets or, from international prices or benchmarks or from markets in the Union. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment. Indications as to the existence of significant distortions may also be proffered by Union industry. Such indications should be considered when deciding on producing or updating the relevant reports.
Amendment 39 #
2016/0351(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Absent any other specific transitional rules regulating the matter, it is appropriate to provide for the application of this Regulation to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulation enters into force, subject to Article 11(9) of Regulation (EU) 2016/1036. Furthermore, by way of specific transitional rule, and having regard to the absence of any other specific transitional rule regulating the matter, it is appropriate to provide that, in the case of a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a of Article 2, the reasonable period of time provided for in the first sub-paragraph ofmethodology of paragraph 6a of Article 2 should not replace the original methodology used for the determination of the normal value in reviews under Article 11(3) of Regulation (EU) 2016/1036 should be deemed to elapseuntil the later onf the date on which the first expiry review following such transition is initiatedof these measures, following two years after the entry into force of this Regulation. With a view to reducing the risk of circumvention of the provisions of this Regulation, the same approach should apply with respect to reviews conducted pursuant to Article 11(4) of Regulation (EU) 2016/1036. It is also appropriate to recall that a transition from a normal value calculated pursuant to Articles 2(7)(a) or 2(7)(b) to a normal value calculated pursuant to paragraphs 1 to 6a of Article 2 would not in itself constitute sufficient evidence within the meaning of Article 11(3) of Regulation (EU) 2016/1036. Such transitional rules should complete a lacuna that would otherwise risk to generate legal uncertainty, should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules, and should facilitate the efficient, orderly and equitable administration of Regulation (EU) 2016/1036.
Amendment 43 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU) No 2016/1036
Recital 4
Recital 4
Amendment 45 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy as a whole or in sectors therein, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production. For this purpose, the sources that may be used include undistorted international prices, costs, or benchmarks, or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country, provided the relevant, including those in the Union, provided the relevant data are readily available. The constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits. The existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country shall lead automatically to the use of undistorted international, third country or Union prices, costs or benchmarks for each and every factor of production in the const data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits. ruction of the normal value. If an exporting producer from a country or a sector in which there exists one or more significant distortions conclusively demonstrates that its costs of one or more individual factors of production are not distorted, pursuant to the following paragraph, those costs shall be used in the construction of its normal value. The absence of distortion of an exporting producer's costs of a given factor and the reliability thereof shall be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production. Such individual findings shall not influence the normal value of other exporting producers and consequently shall not be extrapolated to the whole country or sector regardless of the application of Article 17. With regard to the various elements described above, the Commission shall set deadlines for the submission of evidence in order to allow the respect of both the rights of defence of all interested parties and the overall procedural deadlines. Further evidence relating to individual factors of production can be accepted by the Commission after those deadlines only if it is possible to be properly and adequately verified by the Commission, and other parties would have sufficient time to comment.
Amendment 63 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 2016/1036
Article 2 – paragraph 6a – point b
Article 2 – paragraph 6a – point b
(b) Significant distortions for the product concerned within the meaning of point (a) may be deemed to exist, inter alia,are those distortions which occur when reported prices or costs, including the costs of raw materials and other factors of production, are not the result of free market forces as they are affected by government intervention. In considering whether or not significant distortions exist regard mayshall be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives. high degree of government influence over the allocation of resources and decisions of enterprises, whether directly or indirectly (e.g. public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; the existence of state-induced distortions in the operation of enterprises linked to privatisation and the use of non-market trading or compensation system; the absence or inadequate implementation of a transparent and non-discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate company information); the absence or inadequate implementation of a coherent, effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime; the absence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions.
Amendment 83 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 2016/1036
Article 2 – paragraph 6a – point c
Article 2 – paragraph 6a – point c
(c) When appropriate, tThe Commission services mayshall issue a detailed report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. For those countries for which a substantial number of anti- dumping cases have been opened, the report shall be completed and adopted before the entry into force of this Regulation. The Union industry shall be consulted during the report drafting process. Such report and the evidence on which it is based mayshall be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations made shall take into accou the absence of a report the Commission shall use any available information or data to establish the existence of one or more significant distortions and use the methodology referred to in point (a) if the relevant requirements are met. The determinations made as to the existence of significant distortions for a country or sector shall take into account all of the relevant evidence on the file and shall be made definitively by the Commission no later than three months following initiation of an investigation. Interested parties shall be given 10 days to comment on these determinations. In accordance with its role, the European Parliament shall of the relevant evidence on the filemonitor the report drafting process. On the request of the European Parliament or on the Commission's own initiative when the circumstances in a specific country or sector have changed, the Commission shall update the report.
Amendment 102 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) No 2016/1036
Article 2 – paragraph 6 a – point d
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11. When the conclusions of the report show the existence of one or more significant distortions, the report pursuant to the paragraph 7 (b) shall constitute sufficient evidence in order to justify the calculation of the normal value pursuant to the methodology referred to in point (a). In any event, no additional burden shall be imposed on the Union industry.
Amendment 121 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2016/1036
Article 2 – paragraph 7 – subparagraph 1
Article 2 – paragraph 7 – subparagraph 1
In the case of imports from countries which are, at the date of initiation, not members of the WTO and listed in Annex I of Regulation (EU) 2015/755, normal value shall be determined on the basis of the price or constructed value in a market economy thirdn appropriate representative country, or the price from such a third country to other countries, including the Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.
Amendment 126 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2016/1036
Article 2 – paragraph 7 – subparagraph 2
Article 2 – paragraph 7 – subparagraph 2
An appropriate market economy thirdrepresentative country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time-limits; where appropriate, a market economy thirdn appropriate representative country which is subject to the same investigation shall be used.
Amendment 131 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2016/1036
Article 2 – paragraph 7 – subparagraph 3
Article 2 – paragraph 7 – subparagraph 3
The parties to the investigation shall be informed shortlwithout delay after its initiation of the market economy thirdappropriate representative country envisaged and shall be given 10 days to comment.
Amendment 134 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) No 2016/1036
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Amendment 138 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) No 2016/1036
Article 11 – paragraph 4 – subparagraph 4 a
Article 11 – paragraph 4 – subparagraph 4 a
Amendment 146 #
2016/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new) Regulation (EU) 2016/1036
Article 1 – paragraph 1 – point 5 a (new) Regulation (EU) 2016/1036
(5a) In Article 23, a new paragraph is inserted: 1a. The Commission shall include reporting on the implementation of the provisions of Article 2 and Article 11 in its annual report to the Parliament on its activities with regard to trade defence investigations and measures. Five years after the entry into force of the above provisions, the Commission shall review and report to the Parliament in detail specifically on the experience of implementation of the above provisions during that period.
Amendment 153 #
2016/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
This Regulation shall apply to all decisions on the initiation of proceedings, and to all proceedings, including original investigations and review investigations, initiated, on or after the date on which this Regulationinvestigations under Article 5 of Regulation 1036/2016 initiated, on or after the date on which this Regulation enters into force. For all other investigations, this Regulation shall apply from the date on which the first expiry review of the relevant measures, following the entersry into force of this Regulation is terminated.
Amendment 18 #
2016/0308(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 22 #
2016/0308(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The autonomous trade measures would be granted in the form of zero-tariff quotas for products listed in Annexes I and II in addition to the preferential tariff-rate quotas set out in the Agreement, and the partial or full removal of import duties on industrial products listed in Annex III;.
Amendment 26 #
2016/0308(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) It is necessary to provide for the reintroduction of normal Common Customs Tariff duties for imports of any products which cause, or threaten to cause, serious difficulties to the European Union producers of like or directly competing products, subject to an investigation by the European Commission;
Amendment 31 #
2016/0308(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
Amendment 39 #
2016/0308(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a product originating in Ukraine is imported on terms which cause, or threaten to cause, serious difficulties to a Community producer of like or directly competing products, Common Customs Tariff duties on such product may be reintroduced at any time by the Council acting by qualified majority on a proposal from the Commission.
Amendment 44 #
2016/0308(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. At the request of a Member State or on the Commission’s initiative, the Commission shall take a formal decision to initiate an investigation within a reasonable period of time. Where the Commission decides to initiate an investigation, it shall publish a notice in the Official Journal of the European Union announcing the investigation. The notice shall provide a summary of the information received and state that any relevant information should be sent to the Commission. It shall specify the period, which shall not exceed fourtwo months from the date of publication of the notice, within which interested parties may make their views known in writing.
Amendment 45 #
2016/0308(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall seek all information it deems necessary and may verify the information received with Ukraine and any other relevant source. It mayshall be assisted by officials of the Member States on whose territory verification might be sought, if that Member State so requests.
Amendment 48 #
2016/0308(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The investigation shall be completed within sixthree months afterof the publication of the notice referred to in paragraph 2. The Commission may, in the case of exceptional circumstances which shall be justified in writing, extend this period in accordance with the procedure referred to in Article 5.
Amendment 1 #
Amendment 15 #
2016/0039(COD)
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Not later than twoone years after the expiry of the availability period referred to in Article 1(4), the Commission shall submit to the European Parliament and to the Council an ex-post evaluation report, assessing the results and efficiency of the completed Union's macro-financial assistance and the extent to which it has contributed to the aims of the assistance.
Amendment 16 #
2016/0039(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
This Decision shall enter into force six mon the third days following that of its publication in the Official Journal of the European Union.
Amendment 6 #
2015/2256(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU faces diverse challenges at both globinternational and domestic level, such as sluggish growth, high levels of unemployment and intense international competitioncompetition, sometimes unfair, whether international or within the European Union itself;
Amendment 8 #
2015/2256(INI)
Motion for a resolution
Recital B
Recital B
Amendment 12 #
2015/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it is imperative to mobilise all potential avenues to boost the EU economy and competitiveness of companies within the European Union;
Amendment 17 #
2015/2256(INI)
Motion for a resolution
Recital E
Recital E
E. whereas a robust, efficient and inclusive Single Market, with enhanced governance, is a crucial instrument toentralising instrument, incapable of boosting investment andin the real economy and is therefore damaging to competitiveness and thus preserve the confidence of the business sector and consumers;
Amendment 20 #
2015/2256(INI)
Motion for a resolution
Recital F
Recital F
Amendment 24 #
2015/2256(INI)
Motion for a resolution
Subheading 1
Subheading 1
The Single Market as an important microeconomic tool insupposedly important for boosting EU competitiveness and delivering jobs and growthenabling companies to create jobs
Amendment 29 #
2015/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that effective coordination of economic and fiscal policies must alsoMember State economic policies could encompass macro- and microeconomic coordination, and calls for the inclusion of coordination of current EU microeconomic policies in the European Semester process;
Amendment 31 #
2015/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. UnderlineRegrets that the Single Market (SM) is the backbonrules are becoming omnipresent and restrictive in the guidance of Member States’ economies; highlighdoubts the economic benefits of the SM, such asparticularly the Digital SM, which is being presented as successful product and market integration, economies of scale, stronger competition, and a level playing field for 500 million citizens across the 28 Member States, provid, but which is performing disastrously and delivering greater choice and lower prices for consumersults which are the exact opposite to its stated ambitions;
Amendment 37 #
2015/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises the importance of advancing the SM to achieve structural economic growth in order to attract investmentat it is essential to re- examine the arrangements for the SM in light of the effect of these policies on the health of companies in the European Union, an analysis that suggests that the crisis is structural rather than cyclical, in order to avoid an imminent disaster;
Amendment 48 #
2015/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concernnot surprised that the level of implementation of European Semester recommendations for 2011-2014 was weak and even declining;
Amendment 53 #
2015/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 60 #
2015/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. WelcomNotes the 2015 Report on Single Market Integration and Competitiveness in the EU and its Member States; requestconsiders that the report be further developed and that it become part of the SM Governance pillar and the basis for annual evaluation of microeconomic policies; considers that the report should be systematically taken into account in Member States’ economic and fiscal evaluations and that it should feed into the specific SM section in the Annual Growth Survey, in Country- Specific Recommendatshould be analysed thoroughly and pragmatically to evaluate the results of implementing the European Commission’s and in regular restruictured compliance dialogue with the Member Stateive economic and budgetary recommendations;
Amendment 69 #
2015/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that any new review process of the European Semester must allow for proper involvement of the European Parliament, national and regbut first and foremost national parliaments and all other relevant stakeholders;
Amendment 78 #
2015/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 84 #
2015/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets that furthere implementation of the Services Directive, covering activities representing more than 45 % of the EU’s GDP and employment, is hindered by a multitude of varying national rules and regulations and that the notification procedure is often not complied with;
Amendment 87 #
2015/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the modernisation of the Professional Qualifications Directive, proposing a smoother system of recognition of qualifications supporting labour mobility; highlightsIs pleased to note that the regulation of similar regulated professions still varies substantially between Member States, as do reserves of activities, thus sign of resistance from national models and balances, which obviously hamperings the labour mobility and job creationdemanded by the Services Directive in response to federalist goals and in opposition to the growing aspiration of the peoples of Europe;
Amendment 114 #
2015/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 126 #
2015/2256(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights that the intensity of tangible and intangible capital accumulation in the EU has been lower post-financial crisissince the appearance of the first symptoms of the systemic crisis the European Union is undergoing when compared to competitors; believes that revitalising investment is of the utmost importance in order to restore productivity and long-term growth in the EU; emphasises that the lag in public spending is especially pronounced in the area of information and communication technologies (ICT), but that such revitalisation will only happen by means of the Member States being quickly returned their territorial, economic and budgetary sovereignty, rather than of intensifying European integration;
Amendment 130 #
2015/2256(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 138 #
2015/2256(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Points to the blurring of lines between products and services; hHighlights the growing importance of business-related services and systems with integrated products and services; believes that SM regulatory frameworks need to embrace these transformative developments;
Amendment 165 #
2015/2256(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 20 #
2015/2233(INI)
Motion for a resolution
Recital A
Recital A
A. whereas through the TiSA negotiations are aimed at achieving better international regulation, not lower domestic regulationthere shall be no further pruning of national competence;
Amendment 68 #
2015/2233(INI)
Motion for a resolution
Recital F
Recital F
F. whereas trade in services is an engine for jobs and growth in the EU, certain sectors of this kind of trade should not be entirely free of government regulation;
Amendment 80 #
2015/2233(INI)
Motion for a resolution
Recital G
Recital G
G. whereas numerous barriers to trade in services, which if translated into equivalent tariffs amount to 15 % for Canada, 16 % for Japan, 25 % for South Korea, 44 % for Turkey and 68 % for China, continue to prevent European companies from reaping the full benefits of their competitiveness; whereas the EU, where the tariff equivalent of services restrictions is only 6 %, is substantially more open than most of its partners, often without being reciprocal;
Amendment 100 #
2015/2233(INI)
Motion for a resolution
Recital J
Recital J
J. whereas citizens’ trust in EU’s trade policy is a must, which can only be restored by ensuring the highest level of transparency, by maintaining constant dialogue with civil society, and by setting clear guidelines in the negotiations which take account of the justified concerns of the citizens;
Amendment 117 #
2015/2233(INI)
Motion for a resolution
Recital K
Recital K
K. whereas data protection is not an economic burden, but a source of economic growthindispensable basic civil liberty; whereas restoring trust in the digital world is crucial; whereas data flows are indispensable to trade in services;
Amendment 139 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point i
Paragraph 1 – point a – point i
Amendment 155 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
ii. to reiterate its support for a comprehensive and balanced agreement, which should unleash the untapped potential of a more integrated global services market, while fully guaranteeing compliance with the EU acquis; to shape globalisation and to create international standards, while fully preserving the right to regulate and the competences of the member states; to secure increased market access for European services suppliers in key sectors of interest, while accommodating specific carve-outs for sensitive sectors;
Amendment 220 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point i
Paragraph 1 – point b – point i
i. to exclude public services and, in particular all aspects of public services such as electricity, gas, water supply, hospitals, public transport and education as well as cultural services from the scope of the negotiations, and to seek the further opening of foreign markets in telecommunications, transport and professional services;
Amendment 275 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point vii
Paragraph 1 – point b – point vii
vii. to take a cautious approach in Mode 4, while bearing in mind that the EU has an offensive interest in the inward and outward movement of highly-skilled labour; and to acknowledge that the labour clause maintains the legal obligation of foreign service providers to comply with EU and Member State social and labour legislation, as well as with collective agreements; to enter into ambitious commitments for those cases which underpin Mode 3 commitments;
Amendment 408 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point iv
Paragraph 1 – point d – point iv
iv. to oppose any provisions regarding visas and other entry procedures except those aimed at increasing transparency and streamlining administrative procedures; to set requirements to ensure that temporary service providers return home;
Amendment 415 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point vi
Paragraph 1 – point d – point vi
Amendment 578 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point i – point iv
Paragraph 1 – point i – point iv
Amendment 585 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point i – point v
Paragraph 1 – point i – point v
v. to encourage the Member States to involve their national parliaments and to keep them adequately informedinformed in the best possible way about the ongoing negotiations;
Amendment 31 #
2015/2227(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses, therefore, the importance of supporting farmers in the transition to more sustainable agricultural practices, with the aim of increasing efficiency and productivity while ensuring a proper income for farmers, food safety, the protection of human and animal health and a reduction in pollution and greenhouse gas emissions;
Amendment 55 #
2015/2227(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that EU policies over the years have helped to influence the market, shifting it towards large-scale agricultural and food production in which reference prices are often imposed by the large retail chains, which receive most of the economic value of the final prices, resulting in: - a loss of income and increased unemployment; - a decline in food production, turning the EU from an exporter of its own surpluses into a net importer; - an increased risk of hydrogeological instability due to land abandonment; - a loss of arable land; - a loss of biodiversity; - animal welfare implications;
Amendment 57 #
2015/2227(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Notes that the EU policy of heavily incentivising non-food crops at the expense of food crops poses serious problems, in terms not only of environmental sustainability but also of ethics;
Amendment 75 #
2015/2227(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Believes that innovation is a key factor ina major change in EU policies, bringing farming for food purposes back to the forefront, is a vital matter of urgency to supporting the agri-food sector, stimulatinge the creation of more and better jobs, and reversinge the phenomena of land abandonment and an ageing rural population; takes the view that innovation is a key factor in this regard;
Amendment 8 #
2015/2127(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the EIB to pay greater attention to the impact its operations have on human rights and to further develop its policy on social standards into a human rights policy in the area of banking;
Amendment 16 #
2015/2127(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the EIB public consultation on climate action and believes that the EIB can further strengthen its position as leader in the climate field; looks forward to the update of the EIB climate strategy outside of the EU, with the expectation of an action plan phasing out lending to non-renewable energy projects; calls on the ECB to lend to the EIB on a massive scale at 0% so that the latter can in turn finance on a massive scale at 0.5% insulation projects in the EU Member States; points out that this arrangement could also be used to finance many projects in the area of renewable energy production;
Amendment 66 #
2015/2105(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s new strategy ‘Trade for all – Towards a more responsible trade and investment policy’; regrets the Commission’s delay in presenting a new strategy, given that Parliament requested that a revised mid- and long-term trade strategy be presented by summer 2012Regrets the still existing lack of transparency in trade negotiations, especially in TTIP and TiSA talks;
Amendment 144 #
2015/2105(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the ILO estimates that 865 million women around the world, if better supported, could contribute more robustly to economic growth; notes that women-owned businesses represent an underutilised lever to boost competitiveness, accelerate business and sustain growth; states that trade policy can have differing gender impacts across the various sectors of the economy; regrets that the Commission does not address the gender dimension of trade agreements in its ‘Trade for All’ communication; calls on the Commission to step up its efforts to ensurecalls on the Commission to adequately consider that both women and men can take advantage of the benefits of trade liberalisation and be protected from its negative effects;
Amendment 202 #
2015/2105(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 206 #
2015/2105(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. NotUrges that improvements were achieved at the 10th WTO Ministerial Conference in Nairobi in 2015; recognises the differences among WTO members on how to proceed as regards the Doha Round, including the need to consider new approaches to solve outstanding issues; welcomes the intere commission not to use WTO talks as an excuse to further curtail competencest of some WTO members in starting to address new negotiating areas; believes that the outcome of the Nairobi Ministerial Conference provides an opportunity to give new life to the WTO’s negotiating function; urges the Commission to take the initiative in reforming and strengthening the WTO in order to ensure greater effectiveness, transparency and accountabilitythe member states in matters of international trade;
Amendment 269 #
2015/2105(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to start negotiations fpay more an investment agreement with Taiwan in parallel with the one with China; underlines that, in the context of the migration challenges, special focus should be put on the post-Cotonou framework; asks for further impetus to be given to negotiating FTAs with both Australia and New Zealandttention to public opinion before involving in further trade negotiations;
Amendment 296 #
2015/2105(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Strongly opposes the granting of MES to China, as it is not fulfilling, for the time being, the EU’'s five technical criteria for defining a market economy; underlines the importance of defining a common European strategy to reinvigorate and apply the anti-dumping procedures on various products suffering from the strong trade distortion caused by Chinese exporting companies; refers in this context especially to the heavy and partly unfair competition the European heavy industry had to face vis-à-vis their Chinese competitors during the last years;
Amendment 321 #
2015/2105(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 357 #
2015/2105(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Stresses the importance of further debate with stakeholders and Parliament on the Commission’s proposal for the Investment Court System in order to better clarify its impact on the ‘right to regulate’, the annual costs for the EU budget and its compliance with the EU legal order, the power of the EU courts in particular, and more specifically the EU competition rulesUrges the Commission to abandon their plans on an Investment Court system;
Amendment 368 #
2015/2105(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 1 #
2015/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recallgrets that the Treaty on European Union (TEU) marked a new stage in the process of creating an ever closer union in which decisions are taken as openly and as closely as possible toloss of sovereignty by Member States, often against the wishes of their citizens, in which European Union decisions are not taken in the interest of the citizen (Article 1 TEU); notes that there is a considerable lack of trust among EU citizens in EU trade-policy making, and believes that a radical shift is needed in the way that information about trade negotiations is communicated to the public, in order to ensure their legitimacy; stresses that such legitimacy can only be guaranteed by introducing elements of democracy to the decision-making process;
Amendment 28 #
2015/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 47 #
2015/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the Commission must promote the general interests of the Union, be led by members chosen on the grounds of their competence and independence, and refrain from any action incompatible with its duties (Article 17 TFEU); welcomes initiatives aimed at greater transparency, accountability and integrity, including the decisions adopted by the Commission on 25 November 2014 and the new impetus given to the Transparency Register, which should be mandatory and binding for all EU institutions, bodies, offices and agencies; calls for Parliament, in this respect, to coordinate action to enhance transparency within the institutions as regards the activity of lobbies and special interest groups; notes that lobbies are widely consulted and listened to in all trade negotiations while no account is taken of the opinion of Member States’ citizens;
Amendment 77 #
2015/0276(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Clear eEnvironmental, and economic and social benefits would be derived from further increasing the targets laid down in Directive 94/62/EC for preparation for a significant reduction in packaging and the re- use and recycling of packaging waste.
Amendment 99 #
2015/0276(COD)
Proposal for a directive
Recital 5
Recital 5
(5) TFirstly, efforts should be made to encourage a reduction in packaging of very little use value; Then, through a progressive increase of the existing targets on preparing for re-use and recycling of packaging waste, it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy. That way it should be ensured that valuable materials found in waste are returned into the European economy, thus making progress in the implementation of the Raw Materials Initiative15 and the creation of a circular economy. __________________ 15 COM(2013) 442. COM(2013) 442.
Amendment 113 #
2015/0276(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Targets for the recycling of plastic packaging waste for 202530 have been set taking into account what was technically feasible at the time of the revision of the Directive; the Commission may propose revised levels of the targets for plastics for 2030 based on a review of progress made by Member States towards reaching those targets or major economic difficulties destabilising European enterprises, taking into account the evolution of the types of plastics placed on the market and the development of new recycling technologies and the demand for recycled plastics.
Amendment 119 #
2015/0276(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Member States should, for the purposes of calculating whether the preparation for re-use and recycling targets are achieved, be able to take into account products and components that are prepared for re-use by recognised preparation for re- use operators and deposit-refund schemes. To ensure harmonised conditions fFor those calculations, the CommissionMember States will adopt detailed rules on the determination of recognised preparation for re-use operators and deposit-refund schemes and on the collection, verification and reporting of data.
Amendment 125 #
2015/0276(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure better, timelier and more uniform and timelier implementation of this Directive and anticipate implementation weaknesses, an early warning progress estimation report system should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets.
Amendment 128 #
2015/0276(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Implementation reports prepared by Member States every three years have not proved to be an effective tool for verifying compliance and ensuring good implementation, and are generating unnecessary administrative burden. It is therefore appropriate to repeal provisions obliging Member States to produce such reports and for compliance monitoring purposes use exclusively the statistical data which Member States report every three years to the Commission.
Amendment 132 #
2015/0276(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to supplement or amend Directive 94/62/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Articles 6a(2), 6a(5), 11(3), 19(2) and 20. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 144 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 94/62/EC
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Amendment 154 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 94/62/EC
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Such other measures may consist of national programmes, support for local initiatives and short supply chains, incentives through extended producer responsibility schemes to minimise the environmental impact of packaging or similar actions adopted, if appropriate, in consultation with economic operators, and designed to bring together and take advantage of the many initiatives taken within Member States as regards prevention. They shall comply with the objectives of this Directive as defined in Article 1(1).';
Amendment 195 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 202 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
Amendment 238 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 94/62/EC
Article 6 – paragraph 1 – point i – point -i (new)
Article 6 – paragraph 1 – point i – point -i (new)
(-i) 55% of plastic;
Amendment 303 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 2
Article 6a – paragraph 2
2. In order to ensure harmonised conditions for the application of paragraph 1(b) and (c) and of Annex IV, the Commission shall adopt delegated acts in accordance with Article 21aMember States shall establishing minimum quality and operational requirements for the determination of recognised preparation for re-use operators and deposit-refund schemes, including specific rules on data collection, verification and reporting.
Amendment 318 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 3 – point b
Article 6a – paragraph 3 – point b
(b) the weight of materials or substances that are not subject to a final recycling process and that are disposed or subject to energy recovery remains below 10% of the total weight to be reported as recycledthe maximum threshold of impurities acceptable to operators carrying out a final recycling process, as set out in Annex Va of Directive 2008/98/EC.
Amendment 325 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 5
Article 6a – paragraph 5
5. For the purposes of calculating whether the targets laid down in Article 6(1)(f) to (i) have been achieved Member States may take into account the recycling of metals that takes place in conjunction with incineration in proportion to the share of the packaging waste incinerated provided that the recycled metals meet certain quality requirements. Member States shall use the common methodology established in accordance with Article 11a(6) of Directive 2008/98/EC.
Amendment 326 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 94/62/EC
Article 6b – title
Article 6b – title
Amendment 327 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 94/62/EC
Article 6b – paragraph 2 – introductory sentence
Article 6b – paragraph 2 – introductory sentence
2. The reports referred to in paragraph 1 shall be made publicly available and shall include the following:
Amendment 328 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 94/62/EC
Article 6b – paragraph 2 – point b
Article 6b – paragraph 2 – point b
Amendment 349 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Directive 94/62/EC
Article 12 – paragraph 3a – subparagraph 1
Article 12 – paragraph 3a – subparagraph 1
3a. Member States shall report the data concerning the attainment of the targets laid down in Article 6(1)(a) to (i) for eachevery three calendar years to the Commission. They shall report this data electronically within 18 months of the end of the reporting yearthree years period for which the data are collected.
Amendment 353 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Directive 94/62/EC
Article 12 – paragraph 3a – subparagraph 2
Article 12 – paragraph 3a – subparagraph 2
The data shall be reported in the format established by the Commission in accordance with paragraph 3d. The first reporting shall cover data for the period from 1 January [enter year of entry into force of this Directive + 1 year] to 31 December [enter year of entry into force of this Directive + 13 years].
Amendment 355 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point d
Article 1 – paragraph 1 – point 7 – point d
Directive 94/62/EC
Article 12 – paragraph 3c
Article 12 – paragraph 3c
3c. The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific non- binding recommendations for improvement. The report shall be drawn up every three years.
Amendment 364 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 94/62/EC
Article 20
Article 20
The Commission shall be empowered to adopt delegated acts in accordance with Article 21a necessary to deal with any difficulties encountered in applying the provisions of this Directive, in particular, to inert packaging materials placed on the market in very small quantities (i.e. approximately 0.1 % by weight) in the Union, primary packaging for medical devices and pharmaceutical products, small packaging and luxury packaging.
Amendment 365 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 94/62/EC
Article 21a – paragraph 2
Article 21a – paragraph 2
2. The power to adopt delegated acts referred to in Article 6a(2), Article 11(3), Article 19(2) and Article 20 shall be conferred on the Commission for an indeterminate period of timefive years from [enter date of entry into force of this Directive].
Amendment 366 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 94/62/EC
Article 21a – paragraph 3
Article 21a – paragraph 3
3. The delegation of power referred to in Article 6a(2), Article 11(3), Article 19(2) and Article 20 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 367 #
2015/0276(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 94/62/EC
Article 21a – paragraph 5
Article 21a – paragraph 5
5. A delegated act adopted pursuant to Article 6a(2), Article 11(3), Article 19(2) and Article 20 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 371 #
2015/0276(COD)
Proposal for a directive
Article 2 – paragraph 1 –subparagraph 1
Article 2 – paragraph 1 –subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [insert date eighteenthirty-six months after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 200 #
2015/0275(COD)
Proposal for a directive
Recital 6
Recital 6
(6) To ensure that recycling targets are based on reliable and comparable data and to enable more effective monitoring of progress in attaining those targets, the definition of municipal waste in Directive 2008/98/EC should be in line with the definition used for statistical purposes by the European Statistical Office and the Organisation for Economic Co-operation and Development, on the basis of which Member States have been reporting data for several years. The definition of municipal waste in this Directive is neutral with regard to the public or private status of the operator managing waste.
Amendment 203 #
2015/0275(COD)
Proposal for a directive
Recital 6
Recital 6
(6) To ensure that recycling targets are based on reliable and comparable data and to enable more effective monitoring of progress in attaining those targets, the definition of municipal waste in Directive 2008/98/EC should be in line with the definition used for statistical purposes by the European Statistical Office and the Organisation for Economic Co-operation and Development, on the basis of which Member States have been reporting data for several years. The definition of municipal waste in this Directive is neutral with regard to the public or private status of the operator managing waste.
Amendment 210 #
2015/0275(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Member States shcould put in place adequate incentives for the application of the waste hierarchy, in particular, by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this Directive, such as landfill and incineration charges, pay as you throw schemes, extended producer responsibility schemes and incentives for local authorities.
Amendment 217 #
2015/0275(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to provide operators in markets for secondary raw materials with more certainty as to the waste or non-waste status of substances or objects and promote a level playing field, it is important to establish at the Union level harmonized conditions for substances or objects to be recognised as by-products and for waste that has undergone a recovery operation to be recognised as having ceased to be waste. Where necessary to ensure the smooth functioning of the internal market or a high level of environmental protection across the Union, the Commission should be empowered to adopt delegated acts establishing detailed criteria on the application of such harmonized conditions to certain waste, including for a specific usencourage at the level of each Member State, a set definition for each component, in order to ensure the smooth functioning of waste treatment at local, national and Community level.
Amendment 249 #
2015/0275(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that Member States can take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures. In order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures, common indicators should be established.
Amendment 304 #
2015/0275(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Large differences exist between Member States with respect to their waste management performance, particularly as regards recycling of municipal waste. In order to take account of those differences, those Member States which in 2013 recycled less than 20% of their municipal waste according to Eurostat data should be given additional time to comply with the preparing for re-use and recycling targets established for 2025 and 2030. In light of average annual progression rates observed in Member States over the past fifteen years, those Member States would need to increase their recycling capacity at levels that are well-above past averages to meet those targets. In order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time, Member States that are given additional time should meet interim-targets and establish an implementation plan.
Amendment 317 #
2015/0275(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Member States should, for the purposes of calculating whether the preparation for re-use and recycling targets are achieved, be able to take into account products and components that are prepared for re-use by recognised re-use operators and by deposit-refund schemes and the recycling of metals that takes place in conjunction with incineration. In order to ensure a uniform calculation of this data, the CommissionMember States will adopt detailed rules on the determination of recognised preparation for re-use operators and deposit-refund schemes, on the quality criteria for recycled metals and on the collection, verification and reporting of data.
Amendment 319 #
2015/0275(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure better, timelier and more uniform and timelier implementation of this Directive and anticipate implementation weaknesses, an early warning system progress estimation report should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets.
Amendment 351 #
2015/0275(COD)
Proposal for a directive
Recital 26
Recital 26
(26) To reduce regulatory burdens on small establishments or undertakings, simplification of registration requirements for small establishments or undertakings collecting or transporting small quantities of non-hazardous waste should be introduced. The threshold for quantities of such waste may need to be adapted by the Commission.
Amendment 352 #
2015/0275(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Implementation reports prepared by Member States every three years have not proved to be an effective tool for verifying compliance and ensuring good implementation, and are generating unnecessary administrative burdens. It is therefore appropriate to repeal provisions obliging Member States to produce such reports. Instead compliance monitoring should be exclusively based on the statistical data which Member States report every three years to the Commission.
Amendment 362 #
2015/0275(COD)
Proposal for a directive
Recital 29
Recital 29
(29) In order to supplement or amend Directive 2008/98/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(111a(3)(b), 38(2) and 38(3). It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 363 #
2015/0275(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure uniform conditions for the implementation of Directive 2008/98/EC, implementing powers should be conferred on the Commission in respect of Articles 9(4), 9(5), 33(2), 35(5) and 37(6). Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council19 . __________________ 19 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28/02/2011, p. 13).
Amendment 372 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2000/98/EC
Article 3 – point 1 a
Article 3 – point 1 a
‘1a. "municipal waste" means waste from households, as well as other waste which, because of its nature and composition, is similar to waste from household;
Amendment 473 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f
Article 1 – paragraph 1 – point 2 – point f
Directive 2000/98/EC
Article 3 – point 17a
Article 3 – point 17a
17a. "final recycling process" means the recycling process which begins when no further mechanical sorting operation is needed and waste materialsand waste considered to have ceased to be waste in accordance with Article 6 enter a production process and are effectively reprocessed into products, materials or substances;
Amendment 521 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2000/98/EC
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. Member States shallmay make use of adequate economic instruments to provide incentives for the application of the waste hierarchy.
Amendment 533 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2000/98/EC
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Member States shall report to the Commission the specific instruments put in place in accordance with this paragraph by [insert date eighteenthirty-six months after the entry into force of this Directive] and every five years following that date.
Amendment 557 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2008/98/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
(b) paragraph 2 is replaced by the following: '2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects.'deleted;
Amendment 578 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a – point i a (new)
Article 1 – paragraph 1 – point 5 – point a – point i a (new)
Directive 2000/98/EC
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(ia) point (c) is replaced by the following: (c) 'the substance or object fulfils the technical requirements for the specific purposefinal recycling process and meets the existing legislation and standards applicable to products; and'
Amendment 580 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a – point i a (new)
Article 1 – paragraph 1 – point 5 – point a – point i a (new)
Directive 2000/98/EC
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
(ia) the following subparagraph is added: ‘Member States shall ensure that the procedure to be followed in order to end waste status does not constitute an obstacle for those undertakings, and particularly the smallest ones, that abide by these conditions.’
Amendment 581 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a – point ii
Article 1 – paragraph 1 – point 5 – point a – point ii
Directive 2000/98/EC
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 582 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point aa (new)
Article 1 – paragraph 1 – point 5 – point aa (new)
Directive 2008/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 584 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
(b) paragraphs 2, 3 and 4 are replaced by the following:
Amendment 587 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 609 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2000/98/EC
Article 7 – paragraph 1 – first sentence
Article 7 – paragraph 1 – first sentence
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a toMember States shall establish the list of waste.
Amendment 622 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2008/98/EC
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
Amendment 675 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
- define in a clear way the roles and responsibilities of producers of products placing goods on the market of the Union, organisations implementing extended producer responsibility on their behalf, private or public waste operators, local authorities and, where appropriate, recognised preparation for re-use operators;, while taking into account the specificities of the very small enterprise fabric in each Member State; (This amendment applies to the entire legislative text. Adopting it will necessitate corresponding changes throughout.)
Amendment 676 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 1 – indent 1 a (new)
Article 8 a – paragraph 1 – indent 1 a (new)
- establish the proportion of the products with no re-use value (e.g. advertising items, packaging) in the generation of waste process; establish a fair and proportionate balance between the generation of that waste and the recycling efforts to be made by the producer;
Amendment 698 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8 a – paragraph 1 – indent 4 b (new)
Article 8 a – paragraph 1 – indent 4 b (new)
- incorporate the intermediate organisations network and trade organisations networks, and in particular the network of chambers of trades and crafts, into the decision-making process.
Amendment 705 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 2
Article 8a – paragraph 2
2. Member States shall take the necessary measures to ensure that the waste holders targeted by the extended producer responsibility schemes established in accordance with Article 8, paragraph 1, are informed about the available waste collection systems and the prevention of littering. Member States shallmay also take measures to create incentives for the waste holders to take part in the separate collection systems in place, notably through economic incentives or regulations, when appropriate.
Amendment 741 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – point a – introductory words
Article 8a – paragraph 4 – point a – introductory words
(a) cover the entirefollowing cost of waste management for the products it puts on the Union market, including all the following:
Amendment 826 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 6
Article 8a – paragraph 6
6. Member States shall establish a platform to ensure a regular dialogue between the stakeholders involved in the implementation of extended producer responsibility, including private or public waste operators, local authorities and, where applicable, recognised preparation for re-use operators and packaging operators.'
Amendment 830 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 7
Article 8a – paragraph 7
7. Member States shall take measures to ensure that extended producer responsibility schemes that have been established before [insert date eighteenthirty-six months after the entry into force of this Directive], comply with the provisions of this article within twenty-four months of that date.
Amendment 833 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shallmay take measures to prevent waste generation. These measures shallmay:
Amendment 951 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2000/98/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission may adopt implementing acts toMember States shall establish indicators to measure the overall progress in the implementation of waste prevention measures. In order to ensure uniform measurement of the levels of food waste, the Commission shall adopt an implementing act toMember States shall establish a common methodology, including minimum quality requirements. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 39(2).
Amendment 991 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2000/98/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Member States shall take measures to promote high quality recycling and, to this end, shall set up separate collection of waste where technically, environmentally and economically practicable and appropriate to meet the necessary quality standards for the relevant final recycling sectorprocesses and to attain the targets set out in paragraph 2.
Amendment 1016 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b a (new)
Article 1 – paragraph 1 – point 10 – point b a (new)
Directive 2000/98/EC
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
(ba) in paragraph 2 , the introductory sentence is replaced by the following: “2. In order to comply with the objectives of this Directive, and move towards a European recycling society with a high level of resource efficiency, Member States shall take the necessary measures designed to achieve the following targets:”
Amendment 1021 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2000/98/EC
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 1067 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Estonia, Greece, Croatia, Latvia, Malta, Romania and Slovakia may obtain five additional years for the attainment of the targets referred to in paragraph 2(c) and (d). The Member State shall notify the Commission of its intention to make use of this provision at the latest 24 months before the respective deadlines laid down in paragraphs 2(c) and (d). In the event of an extension, the Member State shall take the necessary measures to increase the preparing for re-use and the recycling of municipal waste to a minimum of 50% and 60% by weight, by 2025 and 2030 respectively30.
Amendment 1111 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 2
Article 11a – paragraph 2
2. In order to ensure harmonised conditions for the application of paragraph 1(b) and (c) and of Annex VI, the Commission shall adopt delegated acts in accordance with Article 38aMember States shall establishing minimum quality and operational requirements for the determination of recognised preparation for re-use operators and deposit-refund schemes, including specific rules on data collection, verification and reporting.
Amendment 1127 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 3 – point b
Article 11a – paragraph 3 – point b
(b) the weight of materials or substances that are not subject to a final recycling process and that are disposed or subject to energy recovery remains below 10% of the total weight to be reported as recycledthe maximum threshold of impurities acceptable to operators carrying out a final recycling process, as set out in Annex Va. The Commission shall adopt delegated acts in accordance with Article 38a to establish the thresholds of impurities per waste stream.
Amendment 1153 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2000/98/EC
Article 11a – paragraph 6
Article 11a – paragraph 6
6. In order to ensure harmonised conditions for the application of paragraph 5, the Commission shall adopt delegated acts in accordance with Article 38a establishing a commonMember States shall establish a methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration, including, the quality criteria for the recycled metals.
Amendment 1164 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2008/98/EC
Article 11b – title
Article 11b – title
Amendment 1166 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2008/98/EC
Article 11b – paragraph 2 – introductory part
Article 11b – paragraph 2 – introductory part
2. The reports referred to in paragraph 1 shall be made publicly available and shall include the following:
Amendment 1167 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2008/98/EC
Article 11b – paragraph 2 – point b
Article 11b – paragraph 2 – point b
Amendment 1240 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2000/98/EC
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 1243 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Directive 2008/98/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a settingMember States shall set out technical minimum standards for treatment activities which require a permit pursuant to Article 23 where there is evidence that a benefit in terms of the protection of human health and the environment would be gained from such minimum standards.
Amendment 1244 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b
Article 1 – paragraph 1 – point 15 – point b
Directive 2008/98/EC
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a settingMember States shall set out the minimum standards for activities that require registration pursuant to points (a) and (b) of Article 26 where there is evidence that a benefit in terms of the protection of human health and the environment or in avoiding disruption to the internal market would be gained from such minimum standards.
Amendment 1252 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a
Article 1 – paragraph 1 – point 17 – point a
Directive 2000/98/EC
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
1. Member States shallmay establish waste prevention programmes setting out waste prevention measures in accordance with Articles 1, 4 and 9.
Amendment 1262 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2000/98/EC
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall report the data concerning the implementation of Article 9(4), Article 11(2)(a) to (d) and Article 11(3) for eachevery three calendar years to the Commission. They shall report this data electronically within 18 months of the end of the reporting yearree years period for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 6. The first reporting shall cover the data for the period from 1 January 2020 to 31 December 2020.2. (Paragraphs 1 and 2 are merged.)
Amendment 1267 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2000/98/EC
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 1270 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2000/98/EC
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall assess the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific non-binding recommendations for improvement. The report shall be drawn up every three years.
Amendment 1280 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2000/98/EC
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 1281 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2000/98/EC
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
Amendment 1284 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2000/98/EC
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 38a to specify the application of the formula for incineration facilities referred to in point R1 of Annex II. Local climatic conditions mayshall be taken into account, such as the severity of the cold and the need for heating insofar as they influence the amounts of energy that can technically be used or produced in the form of electricity, heating, cooling or processing steam. Local conditions of the outermost regions as recognised in the third subparagraph of Article 349 of the Treaty on the Functioning of the European Union and of the territories mentioned in Article 25 of the 1985 Act of Accession mayshall also be taken into account.
Amendment 1287 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2000/98/EC
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a to amend Annexes I to Va in the light of scientific and technical progress.
Amendment 1288 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2008/98/EC
Article 38a – paragraph 2
Article 38a – paragraph 2
2. The power to adopt the delegated acts referred to in Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(111a(3)(b), 38(2) and 38(3) shall be conferred on the Commission for an indeterminate period of timefive years from [enter date of entry into force of this Directive].
Amendment 1290 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2000/98/EC
Article 38a – paragraph 3
Article 38a – paragraph 3
3. The delegation of power referred to in Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(111a (3)(b), 38(2) and 38(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1292 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2000/98/EC
Article 38a – paragraph 5
Article 38a – paragraph 5
5. A delegated act adopted pursuant to Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(111a(3)(b), 38(2) and 38(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1299 #
2015/0275(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
Directive 2008/98/EC
Annex VI – paragraph 25
Annex VI – paragraph 25
(25) Annex VI is addes IVa and VI are inserted in accordance with the Annexes to this Directive.
Amendment 1301 #
2015/0275(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [insert date eighteenthirty-six months after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 1303 #
2015/0275(COD)
Proposal for a directive
Annex -I (new)
Annex -I (new)
Directive 2008/98/EC
Annex IVa (new)
Annex IVa (new)
(-I) The following Annex IVa is inserted: “Annex IVa “Thresholds of impurities per waste stream for the purpose of Article 11a(3)(b)” (This Annex to be filled up with the figures established by the Commission through delegated acts according to Article 37 (2).)
Amendment 42 #
2015/0274(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 53 #
2015/0274(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Many Member States have not yet completely developed the necessary waste management infrastructure. Taking into account technical feasibility and the disparities among Member States where waste management is concerned, the setting of landfill reduction targets will further facilitate separate collection, sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy.
Amendment 74 #
2015/0274(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to ensure better, and timelier, and more uniform implementation of this Directive and anticipate implementation weaknesses, an early warning system progress estimation report should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets.
Amendment 75 #
2015/0274(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Implementation reports prepared by Member States every three years have not proved to be an effective tool for verifying compliance and ensuring correct implementation, and are generating unnecessary administrative burden. It is therefore appropriate to repeal provisions obliging Member States to produce such reports and for compliance monitoring purposes use exclusively the statistical data which Member States report every three years to the Commission.
Amendment 101 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c
Article 1 – paragraph 1 – point 2 – point c
Directive 1999/31/EC
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall take the necessary measures to ensure that by 2030 the amount of municipal waste landfilled is reduced to 10% of the total amount of municipal waste generated, taking into account the proportion of waste landfilled at the time of the entry into force of this Directive.
Amendment 139 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 1999/31/EC
Article 5 a – title
Article 5 a – title
Amendment 140 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 1999/31/EC
Article 5 a – paragraph 2 – introductory sentence
Article 5 a – paragraph 2 – introductory sentence
2. The reports referred to in paragraph 1 shall be made publicly available and shall include the following:
Amendment 141 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 1999/31/EC
Article 5 a – paragraph 2 – point b
Article 5 a – paragraph 2 – point b
Amendment 156 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 1999/31/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall report the data concerning the implementation of Article 5(2) and (5) for eachevery three calendar years to the Commission. They shall report this data electronically within 18 months of the end of the reporting yearthree year period for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 5. The first reporting shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 13 years].
Amendment 159 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 1999/31/EC
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific non- binding recommendations for improvement. The report shall be drawn up every three years.
Amendment 160 #
2015/0274(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 1999/31/EC
Article 17 a – paragraph 2
Article 17 a – paragraph 2
2. The power to adopt the delegated acts referred to in Article 16 shall be conferred on the Commission for an indeterminate period of timefive years from [enter date of entry into force of this Directive].
Amendment 163 #
2015/0274(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [insert date eighteenthirty-six months after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 30 #
2015/0272(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Implementation reports prepared by Member States every three years have not proved to be an effective tool for verifying compliance and ensuring correct implementation, and are generating unnecessary administrative burden. It is therefore appropriate to repeal provisions obliging Member States to produce such reports and for compliance monitoring purposes use exclusively the statistical data which Member States report every three years to the Commission. (Due to an uncorrected editorial error, the Commission proposal has two recitals no.2. ThisOr. en amendment refers to the second Recital 2.)
Amendment 38 #
2015/0272(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Since the objectives of this Directive, namely to improve the management of waste in the Union, and thereby contributing to the protection, preservation and improvement of the quality of the environment and to the prudent and rational utilisation of natural resources, canmight not be sufficientccessfully achieved by all the Member States, but can rather, by reason of the scale or effects of the measures, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
Amendment 47 #
2015/0272(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2000/53/EC
Article 9 – paragraph 1 a
Article 9 – paragraph 1 a
1a. Member States shall report the data concerning the implementation of Article 7(2) for eachevery three calendar years to the Commission. They shall report this data electronically within 18 months of the end of the reporting yearthree years period for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 1d. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 13 years].
Amendment 51 #
2015/0272(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2000/53/EC
Article 9 – paragraph 1 c
Article 9 – paragraph 1 c
1c. The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall assess of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific non-binding recommendations for improvement. The report shall be drawn up every three years.
Amendment 64 #
2015/0272(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2006/66/EC
Article 23 – paragraph 1
Article 23 – paragraph 1
The Commission shall draw up a report on the implementation of this Directive and its impact on the environment and the functioning of the internal market by the end of 2016[enter year of entry into force + 1 year] at the latest.
Amendment 87 #
2015/0272(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point b
Article 3 – paragraph 1 – point 1 – point b
Directive 2012/19/EU
Article 16 – paragraph 5 a
Article 16 – paragraph 5 a
5a. Member States shall report the data concerning the implementation of Article 16(4) for eachevery three calendar years to the Commission. They shall report this data electronically within 18 months of the end of the reporting yearthree years period for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 5d. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 13 years].
Amendment 90 #
2015/0272(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1 – point b
Article 3 – paragraph 1 – point 1 – point b
Directive 2012/19/EU
Article 16 – paragraph 5 c
Article 16 – paragraph 5 c
5c. The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific non- binding recommendations for improvement. The report shall be drawn up every three years.
Amendment 96 #
2015/0272(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [insert date eighteenthirty-six months after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 99 #
2015/0272(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [insert date eighteentwenty-four months after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 1 #
Amendment 6 #
2015/0218(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Olive oil is Tunisia’s main agricultural export product to the Union and the olive oil industry is an important part of the country’s economyproduction is an agricultural speciality of some Member States’ regions, especially in Greece, Italy, France and Spain.
Amendment 9 #
2015/0218(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Union can best support Tunisia’s economy, in accordance with the objectives set out in the European Neighbourhood Policy and in the Euro- Mediterranean Agreement, by providing an attractive and reliable market for Tunisia’s exports of olive oil. This requires autonomous trade measures allowing for the import of this product into the Union on the basis of a duty free tariff quotaIn order to preserve the stability of Member States’ olive oil production, the present customs treatment of Tunisian olive oil, which is already in plentiful supply on the European market, should continue to apply unchanged.
Amendment 13 #
2015/0218(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In their Decision No 534/2014/EU1a, the European Parliament and the Council have already granted EUR 300 million to the Republic of Tunisia. 1a Decision No 534/2014/EU of the European Parliament and of the Council of 15 May 2014 providing macro- financial assistance to the Republic of Tunisia (OJ L 151, 21.5.2014, p.9)
Amendment 14 #
2015/0218(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The opaque and misleading Union rules regulating olive oil labelling do not allow consumers to recognise the real origin of the product and an increase in Tunisian imports would bring imbalance to Union markets.
Amendment 21 #
2015/0218(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The specific autonomous trade measures established by this Regulation are intended tocannot concretely alleviate the difficult economic situation, which Tunisia is currently facing, due to the terrorist attacks. Those measures should therefore be limited in time and be without prejudice to the negotiations between the Union and Tunisia on the establishment of a Deep and Comprehensive Free Trade Area (DCFTA), which are to start in October 2015. An extension of the application period may be contemplated at the end of this period if warranted by the market situation or progress in the DCFTA negotiations.
Amendment 25 #
2015/0218(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 28 #
2015/0218(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 39 #
2015/0218(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 80 #
Amendment 117 #
2015/0148(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 57% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of Member States, including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 . __________________ 18 SEC(2015)XX 19 Decision (EU) 2015/… of the European Parliament and of the Council of … concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L […], […], p. […])should remain the general rule, with free allocation as the exception.
Amendment 141 #
2015/0148(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiafully compensate, in accordance with state aid rules, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilitiesMember States should use auction revenues to promote skill formation, reallocation and social protection schemes of labour affected by the transition of jobs in a decarbonising economy. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues shcould also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 230 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 250 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
Amendment 262 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point b b (new)
Article 1 – point 4 – point b b (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
Amendment 271 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point b d (new)
Article 1 – point 4 – point b d (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(bd) In paragraph 3, point (c) is replaced by the following: '(c) measures to avoid deforestation and increase afforestation and reforestation in developing countries that have ratified the international agreement on climate change, to transfer technologies and to facilitate adaptation to the adverse effects of climate change in these countries;'
Amendment 281 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point c
Article 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point k
Article 10 – paragraph 3 – point k
Amendment 283 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 4 – point c
Article 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point l
Article 10 – paragraph 3 – point l
'(l) to promote skill formation and reallocation, reallocation and social protection schemes of labour affected by the transition of jobs in a decarbonising economy in close coordination with the social partners.'
Amendment 306 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
The Commission ishall be empowered to adopt a delegated act in accordance with Article 23 to supplement this directive. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operationa production threshold of 15%.
Amendment 325 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3 – introductory part
Article 10a – paragraph 1 – subparagraph 3 – introductory part
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits as well as undue carbon costs for the most efficient installations and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:
Amendment 351 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
Amendment 376 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform manner.
Amendment 377 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point d – introductory part
Article 1 – point 5 – point d – introductory part
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
(d) the first subparagraph of paragraph 6 is replaced by the following:
Amendment 389 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point d
Article 1 – point 5 – point d
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Member States shouldall adopt financial measures in favour of sectors or sub- sectors or individual installations which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on inthrough to electricity prices, taking into account any effects on the internal market. Sin a technology-neutral manner. State aid rules and the Stability and Growth Pact shall not apply to such financial measures to compensate part100% of these costs shall be in accordance with state aid ruleose costs.
Amendment 399 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1
Article 10a – paragraph 7 – subparagraph 1
Allowances from the maximum amount referred to Article 10a(5) of this Directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases, together with. In addition, 250 million allowances placed in the market stability reserve by 31 December 2020 pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*)1814 shall be set aside for this purpose.
Amendment 404 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 2
Article 10a – paragraph 7 – subparagraph 2
From 2021, allowances not allocated to installations because of the application of paragraphs 19 and 20 shall be added to the reserve for new entrants and production increases.
Amendment 420 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
Up to 400 million allowances to be auctioned as set out in Article 10 shall be available to support innovation in low- carbon technologies and processes in industrial sectors listed in Annex I, and up to a maximum of 50 million allowances shall be available to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2CCS and CCU as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union ("the Innovation Fund").
Amendment 426 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2
Article 10a – paragraph 8 – subparagraph 2
The allowances shall be made available for innovation in low-carbon industrial technologies and processes, carbon clean operation modes in existing installations and support for demonstration projects for the development of a wide range of CCS and CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 680% of the relevant costs of projects, operating costs due to modifications in existing installations or investments in existing installations may be supported, out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology or process adaption deployed.
Amendment 437 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
Amendment 456 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2,15 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €), shall be deemed to be at risk of carbon leakage. Such sectors and sub-sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 469 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory sentence
Article 10b – paragraph 2 – introductory sentence
2. SOther sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 486 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c d (new)
Article 10b – paragraph 2 – point c d (new)
(cd) level of potential competition distortion among sectors and sub-sectors.
Amendment 494 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
Article 10b – paragraph 3
3. Other sectors and sub-sectors not falling under paragraphs 1 or 2 are considered to be able to pass on more of the cost of allowances in product prices, and shall be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 504 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
4. By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4-digit level (NACE-4 code) or at the relevant level of disaggregation based on public and sector-specific data as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available.
Amendment 511 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4 a (new)
Article 10b – paragraph 4 a (new)
4a. Every year the Commission may, at its own initiative or at the request of a Member State, add a sector or a sub- sector to the group referred to in paragraph 1, if it is demonstrated, in an analytical report, that such a sector or sub-sector satisfies the criteria laid down in paragraphs 1 or 2, following a change having a substantial impact on its activities.
Amendment 622 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 1
Article 10d – paragraph 4 – subparagraph 1
The fund shall be governed by an investment board and a management committee, which shall be composed of one representatives from each of the beneficiary Member States, the Commission, and the EIB, and three representatives elected by the other Member States, for a period of 5 years. The investment board shall be responsible to determine a Union-level investment policy, appropriate financing instruments and investment selection criteria. The management committee shall be responsible for the day-to-day management of the fund.
Amendment 629 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 2
Article 10d – paragraph 4 – subparagraph 2
The investment board shall elect a representative from the Commissionbeneficiary Member States as chairman. The investment board shall strive to take decisions by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majority.
Amendment 637 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 3
Article 10d – paragraph 4 – subparagraph 3
The management committee shall be composed of representativeexperts appointed by the investment board following an open and transparent procedure. Decisions of the management committee shall be taken by simple majority.
Amendment 661 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the fivetwo years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent fivetwo years shall be submitted every fivetwo years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the fivetwo calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 672 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 11
Article 1 – point 11
Directive 2003/87/EC
Article 13
Article 13
Allowances issued from 1 January 2013 onwards shall be valid indefinitely. Allowances issued from 1 January 2021 onwards shall include an indication showing in which ten-year period beginning from 1 January 2021 they were issued, and be valid for emissions from the first year of that period onwards.
Amendment 686 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 18
Article 1 – point 18
Directive 2003/87/EC
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3d(3), Article 10(4), Article 10a(1) and (8), Article 10b, Article 10d, Article 14(1), Article 15, Article 19(3), Article 22, Article 24, Article 24a and Article 25a shall be conferred on the Commission for an indeterminate period of time from the (*). ___________________ (*) period of five years from the... [date of entry into force of the basicamending legislative act].
Amendment 701 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 22 b (new)
Article 1 – point 22 b (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(22b) In Article 27, paragraph 1 is replaced by the following: '1. Following consultation with the operator, Member States may exclude from the Community scheme installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States mayshall allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community scheme; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.' Hospitals may also be excluded if they undertake equivalent measures.'
Amendment 1 #
Amendment 22 #
2014/2239(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the ECI was set up as a mechanism of participatory democracy with the aim of encouraging citizens’ direct involvement in EU decision-making, and is an excellent opportunity for the EU institutions to re-engage with citizensone of the rare opportunities afforded by the treaties whereby the EU institutions are required to involve citizens in some way;
Amendment 29 #
2014/2239(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that the ECI is a unique democratic mechanism which has significant potential to help bridgreduce the gap between European and national social and civil society movements, and to promote participatory democracy at the EU levelEU’s democratic deficit;
Amendment 31 #
2014/2239(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes, however, that this potential remains largely unfulfilled, given that under current legislation the Commission is not required, as a result, to put forward any legislative proposals;
Amendment 33 #
2014/2239(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that, if nothing else, the support of almost 1.9 million EU citizens for this ECI has influenced the Commission’s decision to exclude water and sanitation services from the Concessions Directive;
Amendment 54 #
2014/2239(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Warns that the ECI will have a merely symbolic political and democratic significance until the co-legislators are given the power to initiate legislation, at least to repeal or amend existing law; calls for the treaties to be amended in this regard without delay;
Amendment 37 #
2014/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas an ambitious agreement with the US mayis unlikely to support the reindustrialisation of Europe and help achieve the 2020 target for an increase of the EU’s GDP generated by industry from 15 % to 20 %or lead to an increase of the EU’s GDP; whereas it has the potential to create both opportunities especiallyand disadvantages for SMEs, which suffer more from non-tariff barriers (NTBs) compared withan larger companies; whereas an agreement between the two biggest economic blocs in the world has the potential to create standards, norms and rules which will be adopted at a global level, which would serve to the advantage of third countries as well and which, compared with American companies, must pay a considerable amount of tax;
Amendment 38 #
2014/2228(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced, however, that TTIP should not only cut down barriers but also aim at promoting European high levels of consumer protection; observes that in most sectors EU and US standards and regulatory environments ensure this high level; considers, thereforehowever, that approximating our regulations represents a unique chancewould be very unlikely to offer an opportunity to establish high-quality standards and innovative laws for consumers which will be the de facto international standards;
Amendment 69 #
2014/2228(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, given the growing interconnectedness of global markets – up to 40 % of European industrial products are manufactured from imported upstream products – it is crucial that policymakers shape the way these markets interact; whereas proper trade rules are fundamental to creating added value in Europe, since industrial production takes place in global value chains;, but all too often the policies of the European institutions encourage delocalisation of manufacturing industries to third countries;
Amendment 83 #
2014/2228(INI)
Motion for a resolution
Recital C
Recital C
C. whereas we are faced with an unregulated picture of globalisation and a well-designed trade; whereas an agreement cshould contribute to harnessing liberalisationnot be concerned with reducing tariffs but only with limiting NTBs; whereas such an agreement should not only focus on reducing tariffs and NTBs but should also be a tool to protect workers, consumers and the environment; whereas a strong and ambitious trade agreement is an opportunity to create a framework by strengthening regulation to the highest standards at a global level in order to prevent social and environmental dumping;
Amendment 106 #
2014/2228(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to ensure that European companies, including SMEs, are not discriminated against when tendering for public contracts on the US market at all government levels, and to ensure transparent access at a level equal to or higher than that applying to US companies today in Europe under the new EU procurement rules; stresses that, should the Commission be unable to secure a genuine opening up of the US public procurement sector, Parliament will under no circumstances give its consent to the agreement;
Amendment 129 #
2014/2228(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas, in the main study forming the basis of the Commission’s evaluation of TTIP, namely the study conducted by CEPR: a) the benefits proposed as being unquestionable and decisive were actually coincidental and insignificant: for example, a 0.48% increase in European GDP over 13 years; b) the potential disadvantages were not quantified, since the analysis methods used were based on anachronistic, blind faith in the self-equilibrating power of the market; c) the positive effect of TTIP on real employment, a crucial evaluation factor in times of economic crisis, was not examined in sufficient depth;
Amendment 131 #
2014/2228(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas other studies which were not considered by the Commission used different methodologies (such as the Global Policy Model of the UN) to obtain markedly less optimistic results for the EU, including net employment income losses, job losses and a fall in the proportion of employment income with regard to total income;
Amendment 133 #
2014/2228(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas the study commissioned by the ITRE committee23c reveals, amongst other things, that: a) the effect of TTIP on various sectors of the European manufacturing industry, such as steel working and electrical machinery, will likely be a decrease in exports, with negative impacts on employment; b) the Commission’s view on employment is extremely simplified, as it irrationally assumes total flexibility in the movement of labour; __________________ 23c http://www.europarl.europa.eu/RegData/e tudes/STUD/2015/536316/IPOL_STU(201 5)536316_EN.pdf
Amendment 135 #
2014/2228(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the wellbeing of ordinary citizens, workers and consumers has to be the benchmark for a trade agreement; whereas TTIP should beis not a model for a good trade agreement responding to these requirements;
Amendment 178 #
2014/2228(INI)
Motion for a resolution
Recital H
Recital H
Amendment 195 #
2014/2228(INI)
Motion for a resolution
Recital I
Recital I
Amendment 200 #
2014/2228(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. ExpectsHas strong doubts as to whether the agreement towill make it easier for SMEs to participate in transatlantic trade and reduce costs by modernising, digitising, simplifying and streamlining procedures, and by raising the de minimis threshold for customs duties and non- randomised controls;
Amendment 217 #
2014/2228(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Considers that the EU and the US need to establish common rules to define the origin of products, and that such rules should be clear and easily applicable and should consider current and future trends in production, so as to enable consumers to identify the origin of what they are purchasing.
Amendment 226 #
2014/2228(INI)
Motion for a resolution
Recital K
Recital K
K. whereas since July 2013 talks between the US and the EU have been going on, but up to now no common text has been agreed and it is now exactly the right time to undertake a reflection on the state of play, although it is clear to everyone that the offensive interests expressed by the counterparty greatly endanger the prerogatives of European businesses, and pose a particular risk to our agricultural sector;
Amendment 261 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point ii
Paragraph 1 – point a – point ii
(ii) to emphasise that while the TTIP negotiations consist of negotiations on three main areas – ambitiously improving reciprocal market access (for goods, services, investment and public procurement at all levels of government), reducing NTBs and enhancing the compatibility of regulatory regimes, and developing common rules to address shared global trade challenges and opportunities – all these areas are equally important to be included in a comprehensive package; TTIP should be ambitious and binding on all levels of government on both sides of the Atlantic, the agreement should lead to lasting genuine market openness on a reciprocal basis and trade facilitation on the ground, and should pay particular attention to structural means of achieving greater transatlantic cooperation while, upholding regulatory standardthe legislative competences of the Member States and of regions with legislative powers and preventing social and environmental dumping;
Amendment 317 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point ii
Paragraph 1 – point b – point ii
Amendment 413 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vi a (new)
Paragraph 1 – point b – point vi a (new)
(via) to adopt preventive measures protecting those sectors threatened by a fall in employment as a consequence of TTIP;
Amendment 515 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xiii
Paragraph 1 – point b – point xiii
(xiii) to ensure that the US states are included in the negotiation process in order to achieve meaningful results in opening up US public procurement contracts to EU companies; to keep in mind that if tangible results are not achieved in terms of opening up the US public procurement market, the European Parliament can under no circumstances approve the agreement;
Amendment 527 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xiv
Paragraph 1 – point b – point xiv
(xiv) to ensure that the negotiations on rules of origin aim at reconciling the EU and US approaches; given the conclusion of the negotiations for the Comprehensive Economic and Trade Agreement (CETA) between EU and Canada and the potential upgrade of the EU-Mexico free tradpproach with the far more advanced regulations in place in the US; to ensure compulsory common standards for defining the origin of products, thus enabling consumers to know the provenance of what they are purchasing, enabling customs authorities in the Member States to tackle counterfeiting more effectively and providing economic operators with equal opportunities for market access; to keep in mind that if tangible results are not achieved in these agreementas, the possibility and scope of cumulation will need to be consideredEuropean Parliament can under no circumstances approve the agreement;
Amendment 611 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point v
Paragraph 1 – point c – point v
(v) to fully respect the established regulatory systems on both sides of the Atlantic, without prejudice to the legislative competences of the EU Member States and of regions with legislative powers, as well as the European Parliament’s role within the EU’s decision- making process and its democratic scrutiny over EU regulatory processes when creating the framework for future cooperation while at the same time being vigilant about a balanced involvement of stakeholders within the consultations included in the development of a regulatory proposal;
Amendment 673 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vi
Paragraph 1 – point d – point vi
(vi) to ensure that the economic, social, employment and environmental impact of TTIP is examined through a thorough trade sustainability impact assessment with clear involvement of stakeholders and civil society;
Amendment 701 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point viii a (new)
Paragraph 1 – point d – point viii a (new)
Amendment 794 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xv
Paragraph 1 – point d – point xv
(xv) to ensure that TTIP includes an ambitious Intellectual Property Rights (IPR) chapter that includes strong protection of precisely and clearly defined areas of IPR, including enhanced protection and recognition of European Geographical Indications (GIs), and reflects a fair and efficient level of protection such as laid out in the EU’s and the US’s free trade agreement provisions in this area, while continuing to confirm the existing flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), notably in the area of public health; to keep in mind that the European Parliament will be unable to approve the agreement without the inclusion of concrete measures for protecting and recognising European GIs in the US;
Amendment 13 #
2014/2208(INI)
Motion for a resolution
Recital A
Recital A
A. whereas an excessive use of resources is the rootamong the causes of various environmental hazards, such as climate change, desertification, deforestation and loss of biodiversity; whereas the global economy uses the equivalent of 1.5 planets’ worth of resources to produce global output and absorb waste and this figure is estimated to reach the equivalent of two planets’ worth of resources by the 2030s;
Amendment 26 #
2014/2208(INI)
Motion for a resolution
Recital B
Recital B
Amendment 64 #
2014/2208(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission communication entitled ‘Towards a circular economy: A zero waste programme for Europe’ (COM(2014)0398); endorses the Commission’s approach to designing and innovating for a circular economy, setting up a policy framework to support resource efficiency and setting aout guidelines for resource-efficiency target as outlined in the communication;
Amendment 70 #
2014/2208(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the sustainable development mainstream is based on the deeply held conviction that, with the right technological innovations, economic growth and environmental protection can complement, rather than conflict, with each other; however, this vision ignores, misrepresents or underestimates the biophysical limits to production and human consumption set by system dynamics and thermodynamics; urges the Commission, therefore, not to make the same mistakes;
Amendment 73 #
2014/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 85 #
2014/2208(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that the concept of circular economy, like similar concepts (such as ‘cradle-to-cradle’, industrial ecology and natural capitalism), suggests, through innovation, the industrial-scale development of strategies designed to achieve absolute decoupling between the physical growth of throughput and the non-physical (financial) growth of GDP (so-called green growth or ‘sustainable growth’); observes, nonetheless, that according to historical data only relative decoupling has taken place;
Amendment 87 #
2014/2208(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Draws attention to the fact that absolute decoupling, assuming that it can be achieved, can only be done on a global scale, since improvement in only one part of the world corresponds to a relocation of production and associated environmental impacts elsewhere; urges the Commission, therefore, not to take any further unilateral action which, in terms of industrialisation, employment and the environment, may result in a negative balance;
Amendment 88 #
2014/2208(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Notes that a constant process of increasing efficiency in the use of resources, through innovation, has been ongoing since the beginning of the modern age at the very least, but that such relative decoupling has not prevented the overall growth in the production and consumption of raw materials from being neutralised; highlights the risk that a sharp increase in relative decoupling might, on the contrary, in accordance with the Jevons paradox, lead to more intensive exploitation of raw materials, made cheaper by an accelerated movement of capital caused by a reduction in the unit cost of production owing to the more efficient technologies;
Amendment 90 #
2014/2208(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is convinced that improving resource efficiency requires both legislative and economic incentives and further funding of research;
Amendment 103 #
2014/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that legal certainty and long- term predictability are needed to channel investments towards a sustainable economy;
Amendment 118 #
2014/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that by 2050 the EU’s use of resources needs to be sustainable; this includes fully implementingthe objective to be achieved, that is to say the most sustainable use of resources, can only be achieved effectively on a global scale; this includes a cascading use of resources, sustainable sourcing, a waste hierarchy, creating a closed loop on non-renewable resources, using renewables within the limits of their renewability and phasing outrogressively limiting toxic substances;
Amendment 136 #
2014/2208(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes, however, that the ability of the circular economy to close production cycles is overestimated, particularly where toxic, dissipative or complex materials are concerned; warns, therefore, that the promise of an absolute reduction in the environmental impact of production and consumption systems cannot be kept in a growth-based economy, which accordingly runs counter to the social economy and market principles enshrined in Article 3(3) TEU;
Amendment 139 #
2014/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. UrgesCalls on the Commission to develop and introduce by 2019 a lead indicator and a number of sub-indicators on resource efficiency, including ecosystem services; these binding indicators should measure resource consumption, including imports and exports, at EU, Member State and industry level and take account of the wholeguidelines on resource efficiency, including ecosystem services; these guidelines should include a lead indicator and a number of sub-indicators of a non- binding nature, in order to measure resource consumption based on a life- cycle of products and servicesapproach;
Amendment 160 #
2014/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 178 #
2014/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Urges the Commission to promote the use of resource-efficiency indicatordrawing up of guidelines on the efficient use of resources through international conventions;
Amendment 183 #
2014/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 197 #
2014/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 223 #
2014/2208(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Commission to take other relevant actions to ensure that products are easy to reuse, refit, repair, recycle and eventually dismantle for new resources;
Amendment 258 #
2014/2208(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to submit the announced proposal on the review of waste legislation by the end of 2015 and to include the following points: setting extended producer responsibility requirements; endorsing the ‘pay-as-you- throw-principle’ prioritising separate collection schemes in order to facilitate the development of business based on the reuse of secondary raw materials; increasing recycling targets to at least 70 % of municipal solid waste, based on the output of recycling facilities, using the same harmonised method for all Member States with externally verified statistics; introducing a ban on landfilling recyclable and biodegradable waste by 2025 and a ban on all landfilling by 2030; discouraging the landfilling of recyclable and biodegradable waste ; introducing fees on landfilling and incineration;
Amendment 368 #
2014/2208(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 398 #
2014/2208(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission to propose compulsincentives fory green public procurement procedures; considers that reused, repaired, remanufactured, refurbished and other resource-efficient products and solutions are to be preferred in all public procurement, and if they are not preferred, the ‘comply or explain’ principle should apply;
Amendment 476 #
2014/2208(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Commission to report back constantly to Parliament about all the measures outlined above and to proposabout the next steps by 2018;
Amendment 6 #
Amendment 11 #
2014/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 374/2014
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 13 #
2013/2277(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Troika, consisting of the European Commission, the European Central Bank (ECB) and the International Monetary Fund (IMF), originated in the decision of 25 March 2010 by euro area Heads of State and Government to provide conditional bilateral loans to Greece, and has since also been operatimposing its decisionals in Portugal, Ireland and Cyprus;
Amendment 63 #
2013/2277(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Troika together with the Member State concerned is also responsible for the preparation of formal decisions of the Eurogroup, which it then notifies to the Member State concerned;
Amendment 107 #
2013/2277(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the economic situation and recent developments inthe unwillingness to look at other solutions, such as exit from the euro for some Member States, have compromised the quality of employment, social protection and health and safety standards;
Amendment 293 #
2013/2277(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges, however, that the immense challenge the Troika faced leading to the crisis was unique as a result of the poor state of regulation of financial services, large macroeconomic imbalances, and the fact that a number of instruments such as external devaluation were not available due to the constraints of monetary union; notes, moreover, that time was running out, legal obstacles had to be cleared, fear of a melt-down of the euro area was palpablethere was strong opposition to the idea of breaking up the euro area, political agreements had to be reached, the world economy was in a downturn, and a number of countries which were intended to contribute financial support had seen their own public and private debt increase in alarming ways;
Amendment 464 #
2013/2277(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that financial assistance achieved in the short run the avoidance of a disorderly default on sovereign debt that woulthe programmes to which the financial assistance was linked have had extremely severe economic and social consequences, as well as spill-over effects for other countries of an incalculable magnitude, and possibly the forced exit of countries from the euro area; further notes that there is no guarantee this will be avoided in the long run; also notes that the financial assistance and adjustment programme in Greece have not prevented an orderly default nor contagion of the crisis to other Member States; deplores the economic and social downturn which became evident when the fiscal and macroeconomic corrections were put into place;
Amendment 19 #
2013/2157(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that economic recovery in the EU is under way; believes, however, that the only in some Member States; believes that enterprises and the public are not seeing the benefits of that recovery as it is still fragile and needs to be sustained in order to deliver more growth and jobs in the medium term;
Amendment 94 #
2013/2157(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that structural reforms need to be complemented by longer-term investment in education, research, innovation and sustainable energy; believes that public-private partnerships, with the involvement of local authorities, are more successful in delivering growth than public investment programmes alone;
Amendment 113 #
2013/2157(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the fact that the absence of a well-functioning internal labour market and a positiveEU’s approach to immigration is hamperings growth in the EU; calls on the Commission and the Member States to establish a common labour market and a modern immigration policy;
Amendment 1 #
2013/2093(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to its declaration of 19 February 2008 on investigating and remedying abuse of power by large supermarkets operating in the European Union1,
Amendment 17 #
2013/2093(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the Commission's intention to create a permanent Group on Retail Competitiveness, but emphasises the importance of balanced representation, including of both big and small retailers, co-operatives, suppliers and consumer, environmental and social interests;
Amendment 67 #
2013/2093(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the principles of good practice and the list of examples of unfair and fair practices in vertical trading relationships in the food supply chain, as well as the framework for the implementation and enforcement of these principles; emphasises that, if these are to have a practical effect, it a starting point for legislators to develop a consistent, legally enforceable set of principles; supports the trade associations' recognition of the need for enforcement but to have a practical effect an independent enforcement mechanism important that all acts needed; considers that this must operate with the power to impose sanctions, worsk in the food supply chain participate, including farmers' organisations as well as the manufacturing and wholesale distribution industriesa manner that recognises suppliers' climate of fear, and coordinate enforcement across different Member States to stop wrongdoers evading enforcement; requests the Commission to review the effects ofcognise that the voluntary initiative within two years of its entry into force, and toproposed by trade associations will be ineffective in the absence of a legally binding enforcement mechanism and encourages the Commission to swiftly propose additional actions should this be necessary;
Amendment 77 #
2013/2093(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers that it is often difficult for weaker market parties to complain about UTPs and emphasises the important role ofso calls on the Commission to the establish an EU-wide food ombudsman that is able to receive information in an anonymous format, keep information confidential, undertake market monitoring, and initiate investigations; whilst associations of enterprises which should be able tocan usefully submit such complaints on their behalf, while ensuring confidentiality,behalf of suppliers, considers that a wider group of organisations who also have knowledge of UTPs should also be able to submit anonymous evidence to an ombudsman or adjudicator who should have the power to take ex officio action in the case of information about certain worrying trends;
Amendment 86 #
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 apose legislative changes to competition policies around the definition of ‘'economic dependency’' and other circumstances which lead to companies accumulating buying power which should make both Member States and the business community more vigilant in respect of UTPs;
Amendment 33 #
2013/2018(BUD)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Requests that the maximum salary of officials can not exceed the maximum salary attainable by Members;
Amendment 43 #
2013/2018(BUD)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. In order to obtain structural expenditure savings of mission and transfer between the three places of work of the staff, requests that the principal place of business of the ushers is no longer the seat of Luxembourg, but Brussels, so that the only expense associated with transfers concerns the plenary sessions in Strasbourg;
Amendment 44 #
2013/2018(BUD)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. In order to reduce the cost of the car park belonging to Parliament, requests a study analysing the benefits of the internal costs compared to the use of taxi companies; invites Parliament, if the current system is economically more costly, to undertake negotiations with the major taxi companies in Brussels and Strasbourg to enter into agreements that allow to obtain better rates;
Amendment 19 #
2013/0265(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on interchange fees for card-based payment transactions and digital wallets (Text with EEA relevance)
Amendment 30 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down uniform technical and business requirements for payment card and digital wallet transactions carried out within the Union, where both the payer's payment service provider and, the payer, the payee's payment service provider and the payee are established therein.
Amendment 33 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
(a) transactions with commercial cards,
Amendment 34 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
(c) transactions with cards issued by three party payment card schemes.
Amendment 41 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘'interchange fee’' means a fee paid for each transaction directly or indirectly (i.e. through a third party) between the payment service providers of the payer and of the payee involved in a payment card or a payment card-based transaction. An interchange fee can either be explicit in a four party card scheme (the fee is paid by one legal entity to another legal entity) or implicit in a three party scheme (internal transfer between the acquiring business and the issuing business of one and the same legal entity). It also includes a fee paid or rebate offered between the payment service provider of the payer and a co- brand partner or an agent;
Amendment 43 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘'three party payment card scheme’' means a payment card scheme in which payments are made from a payment account held by the scheme on behalf of the cardholdpayer to a payment account held by the scheme on behalf of the payee, and card based transactions based on the same structure. When a three party payment card scheme licenses other payment service providers for the issuance and/or the acquiring of payment cards, or issues payment cards with a co-brand partner or through an agent, it is considered as a four party payment card scheme;
Amendment 44 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Article 2 – paragraph 1 – point 25 a (new)
(25a) 'digital wallet' means a service allowing the wallet holder to access, manage and use identification and payment instruments in order to initiate payments. This service may reside on a device owned by the wallet holder e.g., a mobile phone or a PC or may be remotely hosted on a server (or a combination thereof) but is anyway under the control of the holder. The merchant with whom the digital wallet contracts is referred to as the 'sub-merchant';
Amendment 47 #
2013/0265(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25 b (new)
Article 2 – paragraph 1 – point 25 b (new)
Amendment 48 #
2013/0265(COD)
Proposal for a regulation
Article 3 – title
Article 3 – title
Interchange fees for cross-border consumer debit or credit card transactions
Amendment 49 #
2013/0265(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. With effect from two months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border debit card transactions with a debit card a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of, on average, more than 0,.2 % of the value of the transaction.
Amendment 52 #
2013/0265(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. With effect from two months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border credit card transactions with a credit card a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of, on average, more than 0,.3 % of the value of the transaction.
Amendment 55 #
2013/0265(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 81 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 83 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 85 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 86 #
2013/0265(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Issuing payment service providers shall ensure that their payment instruments are visibly and electronically identifiable, enabling payees to identify unequivocally which brands and categories of prepaid, debit, credit or commercial cards or card based payments based on these are chosen by the payerfor which interchange fees are not regulated are visibly and electronically identifiable.
Amendment 191 #
2013/0265(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 132 #
2013/0246(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure consistency, it is appropriate to align the provisions of this Directive with international conventions covering travel services and with the Union legislation on passenger rights, the latter prevailing where applicable. Where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract, the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the Montreal Convention of 1999 for the Unification of certain Rules for International Carriage by Air18 , the Convention of 1980 concerning International Carriage by Rail (COTIF)19 and the Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea20 . Where it is impossible, because of unavoidable and extraordinary circumstances, to ensure the traveller's return to the place of departure, the organiser's obligation to bear the cost of the travellers' continued stay at the place of destination should be aligned with the Commission's proposal21 aimed to amend Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights22 . __________________ 18 2001/539/EC: Council Decision of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.07.2001, P. 38). 19 2013/103/EU: Council Decision of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) (OJ L 51, 23.2.2013, p. 1). 20 2012/22/EU: Council Decision of 12 December 2011 concerning the accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, with the exception of Articles 10 and 11 thereof (OJ L 8, 12.1.2012, p. 1). 21 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air - COM/2013/130 final. 22 OJ L 46, 17.2.2004, p.1.
Amendment 145 #
2013/0246(COD)
Proposal for a directive
Article 1
Article 1
This Directive is to contribute to the proper functioning of the internal market and to the achievement of a high level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts on package travel and assisted travel arrangements concluded between travellers and traders.
Amendment 146 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to packages offered for sale or sold by traders to travellers, with the exception of Article 17, and to assisted travel arrangements with the exception of Articles 4 to 14, Articles 18 and Article 21(1).
Amendment 154 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) packages and assisted travel arrangements covering a period of less than 24 hours unless overnight accommodation is included;
Amendment 161 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) packages and assisted travel arrangements purchased on the basis of a framework contract between the traveller's employer and a trader specialising in the arrangement of business travel;
Amendment 182 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point v
Article 3 – point 2 – point b – point v
Amendment 190 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 5
Article 3 – point 5
Amendment 203 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 9 – introductory part
Article 3 – point 9 – introductory part
(9) ‘retailer’ means a trader other than the organiser who: sells or offers for sale packages;
Amendment 204 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 9 – point a
Article 3 – point 9 – point a
Amendment 205 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 9 – point b
Article 3 – point 9 – point b
Amendment 208 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 11
Article 3 – point 11
(11) ‘u'Unavoidable and extraordinary circumstances’' means a situationunusual and unforeseeable circumstances beyond the control of the trparty by whom it is pleaderd, the consequences of which could not have been avoided even if all reasonable measudue cares had been takenexercised;
Amendment 211 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 12
Article 3 – point 12
(12) ‘lack of conformity’ means lack of and improper performance of the travel services included in a package. 'Improper performance' means failure to perform or not performing the travel services in accordance with the contract'
Amendment 266 #
2013/0246(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The transferor of the contract and the transferee shallould be jointly and severally ble liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer including the cancellation costs of third parties. Those costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser.
Amendment 346 #
2013/0246(COD)
Proposal for a directive
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. With regard to the damage resulting for the consumer from the failure to perform or the improper performance of the contract, Member States shall take the necessary steps to ensure that the organizer and the retailer are liable unless such failure to perform or improper performance is attributable neither to any fault of theirs nor to that of another supplier of services, because: - the failures which occur in the performance of the contract are attributable to the traveller, - such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable, - such failures are due unavoidable and extraordinary circumstances as defined by Article 3 (11).
Amendment 355 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 3 – point a – introductory part
Article 12 – paragraph 3 – point a – introductory part
(a) the organiser proves that the lack of conformity is:lack of conformity results from the circumstance laid out by Article 11 (8)
Amendment 357 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 3 – point a – point i
Article 12 – paragraph 3 – point a – point i
Amendment 358 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 3 – point a – point ii
Article 12 – paragraph 3 – point a – point ii
Amendment 360 #
2013/0246(COD)
Proposal for a directive
Article 12 – paragraph 3 – point a – point iii
Article 12 – paragraph 3 – point a – point iii
Amendment 385 #
2013/0246(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage of passengers is included, for the travellers' effective and prompt repatriation in the event of insolvency.
Amendment 391 #
2013/0246(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The insolvency protection referred to in paragraph 1 shall take into account the actual financial risk of the relevant trader's activities. It shall benefit travellers regardless of their place of residence, the place of departure or where the package or assisted travel arrangement is sold.
Amendment 395 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall recognise as meeting the requirements of their national rules transposing Article 15 any insolvency protection obtained by an organiser or a retailer facilitating the procurement of assisted travel arrangements under the rules of its Member State of establishment transposing Article 15.
Amendment 399 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. The Commission should draw up a consistent formula for bonding across the Member States in order to ensure uniformity and to avoid security shopping across the Union. Stakeholders should be consulted as regards how such a formula is calculated.
Amendment 400 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers and retailers facilitating the procurement of assisted travel arrangements operating in different Member States. They shall notify the contact details of these contact points to all other Member States and the Commission.
Amendment 403 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The central contact points shall make available to each other all necessary information on their national insolvency protection schemes and the identity of the body or bodies providing insolvency protection for a particular trader established in their territory. They shall grant each other access to any inventory listing organisers and retailers facilitating the procurement of assisted travel arrangements which are in compliance with their insolvency protection obligations.
Amendment 407 #
2013/0246(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. If a Member State has doubts about the insolvency protection of an organiser or of a retailer facilitating the procurement of assisted travel arrangements which is established in a different Member State and is operating on its territory, it shall seek clarification from the Member State of establishment. Member States shall respond to requests from other Member States at the latest within 15 working days of receiving them.
Amendment 410 #
2013/0246(COD)
Proposal for a directive
Article 17
Article 17
Amendment 425 #
2013/0246(COD)
Proposal for a directive
Article 19
Article 19
Member States shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process, unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances.
Amendment 54 #
2013/0165(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to ensure open choice for customers and fair competition, as well as encourage innovation and boost the competitiveness of the Union’'s information technology industry on the global market, the eCall in-vehicle system should be accessible free of charge and without discrimination to all independent operators and based on an interoperable, standardised and open- access platform for possible future in- vehicle applications or services.
Amendment 84 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The eCall in-vehicle system shall be based on a standardised interoperable system accessible to all independent operators free of charge and without discrimination at least for repair and maintenance purpos, including as regards additional or optional in-vehicle applications or services.
Amendment 89 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Consumers shall have the right to choose and change suppliers of optional and additional services. Manufacturers shall ensure that consumers are aware of that right and are able to exercise it.
Amendment 90 #
2013/0165(COD)
Proposal for a regulation
Article 5 – paragraph 7 – subparagraph 1
Article 5 – paragraph 7 – subparagraph 1
The Commission shall be empowered to adopt delegated acts in accordance with Article 9 establishing the detailed technical requirements and tests for the type- approval of eCall in-vehicle systems and for the interoperable, standardised and open-access platform for additional and optional third-party services and amending Directive 2007/46/EC accordingly.
Amendment 98 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 a (new)
Article 6 – paragraph 1 – subparagraph 1 a (new)
Where additional services are provided, vehicles fitted with the eCalls in-vehicle system may be traceable where the user consents to this. The provider of the services shall be bound by the provisions of Directive 95/46/EC.
Amendment 108 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 9 which shall define further the requirement of the absence of traceability and tracking and the privacy enhancing technologies referred to in paragraph 1 with respect to the eCall function as well as the modalities of the private data processing and of the user information referred to in paragraph 3 with respect to the eCall function. If any additional services are provided, the provider of those services shall be bound by the provisions of Directive 95/46/EC.
Amendment 41 #
2013/0103(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 66 #
2013/0103(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 76 #
2013/0103(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 80 #
2013/0103(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The Commission should inform the European Parliament and the Council of the initiation of any investigations.
Amendment 89 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1225/2009
Article 1 – paragraph 1
Article 1 – paragraph 1
1a. In Article 1(1), the following sentence is added: The use of any dumped product in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry.
Amendment 99 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
1b. Article 5 is amended as follows: (a) the following paragraph is added: 3a. The Commission shall facilitate access to the instrument for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, in the context of anti- dumping cases, through an SME Help Desk. The SME Help Desk shall raise awareness of the instrument, provide information and explanations on how to fill a compliant and how to better present evidences, in particular through: (i) standardising forms for statistics; (ii) setting the investigation period to coincide with the financial year; (iii) diminishing the burden caused by language barriers in a proportionate manner. Furthermore, the Commission shall collect and provide to SMEs information on the evolution of the volume and value of imports of the product concerned in cases where SMEs provide prima facie evidence of dumping.
Amendment 100 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 c (new)
Article 1 – paragraph 1 – point 1 c (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 4
Article 5 – paragraph 4
1c. Article 5 is amended as follows: (b) in paragraph 4 the following sentence is added: The Commission shall facilitate reaching these thresholds for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, through the support of the SME Help Desk.
Amendment 110 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 d (new)
Article 1 – paragraph 1 – point 1 d (new)
Regulation (EC) No 1225/2009
Article 5 – paragraph 6
Article 5 – paragraph 6
1d. Article 5, paragraph 6 shall be replaced by the following: 6. If, in special circumstances, as in the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, it is decided to initiate an investigation without having received a written complaint by or on behalf of the CommunityUnion industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.
Amendment 113 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 9
Article 6 – paragraph 9
2a. Article 6(9) shall be replaced by the following: 9. For proceedings initiated pursuant to Article 5(9), an investigation shall, whenever possible, be concluded within one year9 months. In any event, such investigations shall in all cases be concluded within 152 months of initiation, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action.
Amendment 125 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 10 b (new)
Article 6 – paragraph 10 b (new)
2b. In Article 6 the following paragraph is added: "10b. The Commission shall ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non- confidential information is added to the investigation files. Non-confidential information shall also be made accessible through a web-based platform."
Amendment 126 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Regulation (EC) No 1225/2009
Article 6 – paragraph 10 c (new)
Article 6 – paragraph 10 c (new)
2c. In Article 6 the following paragraph is added: "10c. The Commission shall safeguard the effective exercise of the procedural rights of the interested parties and shall ensure that proceedings are handled impartially, objectively and within a reasonable time period, through a Hearing Officer where appropriate."
Amendment 127 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 150 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation (EC) No 1225/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry.
Amendment 162 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1225/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
3a. Article 7(1) shall be replaced by the following: 1. Provisional duties mayshall be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of dumping and consequent injury to the Community Union industry, and if the CommunityUnion interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ninesix months from the initiation of the proceedings.
Amendment 164 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EC) No 1225/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
3b. Article 8(4) shall be replaced by the following: 4. Parties which offer an undertaking shall be required to provide a meaningful non- confidential version of such undertaking including disclosure of its content and nature, so that it may be made available to interested parties to the investigation. Furthermore, the Commission shall consult the Union industry with regard to the appropriateness, the construction and operation of such undertaking.
Amendment 177 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1225/2009
Article 9 – paragraph 4 – last sentence
Article 9 – paragraph 4 – last sentence
The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry.
Amendment 190 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1225/2009
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 199 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 1225/2009
Article 14 – paragraph 5
Article 14 – paragraph 5
6a. Article 14(5) shall be replaced by the following: 5. The Commission mayshall, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that, for instance, measures may subsequently be applied against those imports from the date of such registration. Imports mayshall be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission's own initiative. Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Community industry contains a request for registration and sufficient evidence to justify such action. Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.
Amendment 201 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Regulation (EC) No 1225/2009
Article 14 – paragraph 6
Article 14 – paragraph 6
6b. In Article 14(6), the following sentence is added: The Commission shall in a timely manner place on the file available for inspection by interested parties information regarding the volume and value of imports of those products.
Amendment 205 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 1225/2009
Article 17 – paragraph 2
Article 17 – paragraph 2
7a. In Article 17(2) the following sentence is added: "In the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, the final selection of parties should, where possible, take into account their proportion in the sector concerned."
Amendment 211 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Amendment 217 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – introductory part
Article 1 – paragraph 1 – point 9 – introductory part
Regulation (EC) No 1225/2009
Article 21
Article 21
9. Article 21 shall be replaced by the following: 1. A determination as to whether the CommunityUnion interest calls for intervention shall be based on an appreciation of all the various interests takenpresented as a whole, including the interests of the domestic industry and users and consumers, and a determination pursuant to this Article shall only be made where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the trade distorting effects of injurious dumping and to restore effective competition shall be given special consideration. Measures, as determined on the basis of the dumping and injury found, may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the Community interest to apply such measurUnion interest to apply such measures. A determination that measures are not in the Union interest should not be made if an industry has been seriously injured by dumped imports to an extent that its survival may be in question or if an industry is small and involve mainly Small and Medium sized Enterprises. 2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the CommunityUnion interest, the complainants, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the anti-dumping investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this Article, and they shall be entitled to respond to such information. 3. TOnly information which is submitted by interested parties in full conformity with this sub-paragraph shall be taken into account for the final determination on Union Interest. 3. Only the parties which have acted in conformity with paragraph 2 may request a hearing. Such requests shall be granted when they are submitted within the time- limits set in paragraph 2, and when they set out the reasons, in terms of the CommunityUnion interest, why the parties should be heard. 4. TOnly the parties which have acted in conformity with paragraph 2 may provide comments on the application of any provisional duties imposed. Such comments shall be received within one month of the application of such measures if they are to be taken into account and they, or appropriate summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments. 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee insofar as they are based on the evidence submitted shall be taken into account by the Commission in any proposal made pursuant to Article 9. 6. TOnly the parties which have acted in conformity with paragraph 2 may request the facts and considerations on which final decisions are likely to be taken to be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission or the Council. 7. Information shall only be taken into account for a determination of Union Interest under this paragraph when it is presented and where it is supported by actual evidence which substantiates its validity and is subsequently verified.
Amendment 224 #
2013/0103(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Regulation (EC) No 1225/2009
Article 22 – paragraph 2 (new)
Article 22 – paragraph 2 (new)
9a. In Article 22, the following paragraph is added: 2. Any documents aimed at clarifying the practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation.
Amendment 233 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 597/2009
Article 1 – paragraph 1
Article 1 – paragraph 1
1a. In Article 1(1), the following sentence is added: "The use of any subsidized products in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under the present Regulation and will be charged to duty accordingly, when causing injury to the Union industry."
Amendment 236 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
1b. Article 10, is amended as follows: (a) the following paragraph is added: 3a. The Commission shall facilitate access to the instrument for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, in the context of anti- dumping cases, through an SME Help Desk. The SME Help Desk shall raise awareness of the instrument, provide information and explanations on how to fill a compliant and how to better present evidences, in particular through: (i) standardising forms for statistics; (ii) setting the investigation period to coincide with the financial year; (iii) diminishing the burden caused by language barriers in a proportionate manner. Furthermore, the Commission shall collect and provide to SMEs information on the evolution of the volume and value of imports of the product concerned in cases where SMEs provide prima facie evidence of countervailable subsidies.
Amendment 238 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 c (new)
Article 2 – paragraph 1 – point 1 c (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 6
Article 10 – paragraph 6
1c. Article 10, is amended as follows: (b) in paragraph 6 the following sentence is added: The Commission shall facilitate reaching these thresholds for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, through the support of the SME Help Desk.
Amendment 243 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 d (new)
Article 2 – paragraph 1 – point 1 d (new)
Regulation (EC) No 597/2009
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 250 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 9
Article 11 – paragraph 9
2a. Article 11(9) is replaced by the following: 9. For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within one year9 months. In any event, such investigations shall in all cases be concluded within 130 months of their initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action.
Amendment 254 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 11b (new)
Article 11 – paragraph 11b (new)
2b. In Article 11 a new paragraph is added: 11b. The Commission shall ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non- confidential information is added to the investigation files. Non-confidential information shall also be made accessible through a web-based platform.
Amendment 258 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)
Article 2 – paragraph 1 – point 2 c (new)
Regulation (EC) No 597/2009
Article 11 – paragraph 11 c (new)
Article 11 – paragraph 11 c (new)
2c. In Article 11 a new paragraph is added: "11c. The Commission shall safeguard the effective exercise of the procedural rights of the interested parties and shall ensure that proceedings are handled impartially, objectively and within a reasonable time period, through a Hearing Officer where appropriate."
Amendment 270 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a a (new)
Article 2 – paragraph 1 – point 3 – point a a (new)
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
(aa) In Article 12(1), the first and second subparagraph shall be replaced by the following: 1. Provisional duties mayshall be imposed if: (a) proceedings have been initiated in accordance with Article 10; (b) a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with the second subparagraph of Article 10(12); (c) a provisional affirmative determination has been made that the imported product benefits from countervailable subsidies and of consequent injury to the Community industry; and (d) the Community interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ninesix months from the initiation of the proceedings.
Amendment 273 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b
Article 2 – paragraph 1 – point 3 – point b
Regulation (EC) No 597/2009
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
Amendment 290 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Regulation (EC) No 597/2009
Article 13 – paragraph 4
Article 13 – paragraph 4
3a. Article 13(4) shall be replaced by the following: 4. Parties which offer an undertaking shall be required to provide a meaningful non- confidential version of such undertaking including disclosure of its content and nature, so that it may be made available to interested parties to the investigation. Furthermore, the Commission shall consult the Union industry with regard to the appropriateness, the construction and operation of such undertaking.
Amendment 302 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
Regulation (EC) No 597/2009
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 309 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
Regulation (EC) No 597/2009
Article 24 – paragraph 5
Article 24 – paragraph 5
7a. Article 24(5) shall be replaced by the following: 5. The Commission mayshall, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that, for instance, measures may subsequently be applied against those imports from the date of such registration. Imports mayshall be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission's own initiative. Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Community industry contains a request for registration and sufficient evidence to justify such action. Registration shall be introduced by Regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.
Amendment 312 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 b (new)
Article 2 – paragraph 1 – point 7 b (new)
Regulation (EC) No 597/2009
Article 24 – paragraph 6
Article 24 – paragraph 6
7b. In Article 24(6), the following sentence is added: "The Commission shall in a timely manner place on the file available for inspection by interested parties information regarding the volume and value of imports of those products."
Amendment 315 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
Article 2 – paragraph 1 – point 8 a (new)
Regulation (EC) No 597/2009
Article 27 – paragraph 2
Article 27 – paragraph 2
8a. In Article 27(2) the following sentence is added: "In the case of diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, the final selection of parties should, where possible, take into account their proportion in the sector concerned."
Amendment 320 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
Regulation (EC) No 597/2009
Article 29 b
Article 29 b
Amendment 326 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 – introductory part
Article 2 – paragraph 1 – point 10 – introductory part
Regulation (EC) No 597/2009
Article 31
Article 31
10. Article 31 shall be replaced by the following: 1. A determination as to whether the CommunityUnion interest calls for intervention shouldall be based on an appraisaleciation of all the various interests takenpresented as a whole, including the interests of the domestic industry and users and consumers. A, and a determination pursuant to this Article shall be made only where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the trade- distorting effects of injurious subsidisation and to restore effective competition shall be given special consideration. Measures, as determined on the basis of subsidisation and injury found, may not be applied where the authorities, on the basis of all the information submitted, can clearly conclude that it is not in the Community interest to apply such measurUnion interest to apply such measures. A determination that measures are not in the Union interest should not be made if an industry has been seriously injured by subsidised imports to an extent that its survival may be in question or if an industry is small and involve mainly Small and Medium sized Enterprises. 2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the CommunityUnion interest, the complainants, importers and their representative associations, representative users and representative consumer organisations may, within the time -limits specified in the notice of initiation of the countervailing duty investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this paragraph, and they shall be entitled to respond to such information. 3. TOnly information which is submitted by interested parties in full conformity with this sub-paragraph shall be taken into account for the final determination on Union Interest. 3. Only the parties which have acted in conformity with paragraph 2 may request a hearing. Such requests shall be granted when they are submitted within the time- limits set in paragraph 2, and when they set out the reasons, in terms of the CommunityUnion interest, why the parties should be heard. 4. TOnly the parties which have acted in conformity with paragraph 2 may provide comments on the application of any provisional duties imposed. Such comments shall be received within one month of the application of such measures if they are to be taken into account and they, or appropriate summaries thereof, shall be made available to other parties who shall be entitled to respond to such comments. 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee insofar as they are based on the evidence submitted shall be taken into account by the Commission in any proposal made pursuant to Articles 14 and 15. 6. TOnly the parties which have acted in conformity with paragraph 2 may request that the facts and considerations on which final decisions are likely to be taken be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission or the Council. 7. Information shall be taken into account for a determination of Union Interest under this paragraph when it is presented and only where it is supported by actual evidence which substantiates its validity and is subsequently verified.
Amendment 331 #
2013/0103(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
Regulation (EC) No 597/2009
Article 33 – paragraph 2 (new)
Article 33 – paragraph 2 (new)
10a. In article 33, the following paragraph is added: 2. Any documents aimed at clarifying the practice of the Commission with regard to one or more elements of an investigation or review under the present Regulation shall be formally presented to the European Parliament and Member States which have to give their approval before publication or adoption. Any subsequent modifications of those documents shall be subject to the same procedural requirement. In any event, any of these documents must be fully in conformity with the provisions of this Regulation.
Amendment 85 #
2013/0049(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The safety of products should be assessed taking into account all the relevant aspects, in particular their characteristics, composition and presentation as well as the categories of consumers who are likely to use the products taking into account their vulnerability, in particular children, the elderly and the disabled.
Amendment 96 #
2013/0049(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) The distributor should ensure that the manufacturer and the importer have complied with their obligations, that is to say, in so far as this is not objectively impossible or does not incur unreasonable cost, verifying the indication on the product or on its packaging of the name, brand name or address at which the manufacturer and the importer can be contacted and the affixing of the manufacturer's batch number, serial number or other element on the product for the identification purposes. The distributor should not check each product individually, unless he believes that the manufacturer or importer have not fulfilled their requirements.
Amendment 134 #
2013/0049(COD)
Proposal for a regulation
Article 3 – point 1 a (new)
Article 3 – point 1 a (new)
(1a) 'dangerous product' means any product which is not a safe product within the meaning of point 1;
Amendment 136 #
2013/0049(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1 b (new)
Article 3 – paragraph 1 – point 1 b (new)
(1b) ´product model' means products that are considered to be distinct as presenting identical or similar essential characteristics, with differences, if any, having no impact on their safety level unless otherwise proven by the manufacturer or the importer.
Amendment 160 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point c
Article 6 – paragraph 1 – subparagraph 1 – point c
(c) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product, which may also take the form of illustrations or pictograms alone;
Amendment 195 #
2013/0049(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Manufacturers and importers shall ensure that products bear an indication of the country of origin of the product and its constituent materials or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product.
Amendment 198 #
2013/0049(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the country of origin determined in accordance with paragraph 2 is a Member State of the Union, manufacturers and importers mayust refer to the Union or to a particular Member State.
Amendment 207 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Proportionate to the possible risks of a product, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of products made available on the marketat least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints and keep a register of complaints, non- conforming products and product recalls, and shall keep distributors informed of any such monitoring. In particular, manufacturers shall carry out, under the same conditions, testing of products that are or have been the subject of a decision by the Commission on the basis of Article 12 of the Regulation on the market surveillance of products
Amendment 248 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Manufacturers who consider or have reason to believe that a product which they have placed on the market is not safe or is otherwise not in conformity with this Regulation shall immediately take the corrective action necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product is not safand adequately and effectively warning consumers who are at risk caused by the non-conformity of the product. Furthermore, manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the risk to health and safety and of any corrective action taken.
Amendment 259 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Before placing a product on the market importers shall ensure that the product is compliant with the general safety requirement laid down in Article 4 and, that the manufacturer has complied with the requirements set out in Article 8(4), (6) and (7) and that the technical documentation drawn up by the manufacturer in application of Article 8(4) is in conformity with the possible risks related to the product.
Amendment 263 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Importers shall ensure that their products bear a type, batch or serial number or other element allowing the identification of the product which is easily visible and legible for consumers, or that the required information is provided on the packaging or in a document accompanying the product.
Amendment 266 #
2013/0049(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Proportionate to the possible risks presented by a product, importers shall, to protect the health and safety of persons, carry out sample testing of marketed products, at least once a year on representative samples of the products put up for sale picked randomly under the control of a judicial officer, an authority or any other qualified person designated by each Member State, investigate complaints, and keep a register of complaints, of non- conforming products and of product recalls, and shall keep the manufacturer and distributors informed of such monitoring. In particular, importers shall carry out, under the same conditions, testing of products that are or have been the subject of a decision by the Commission on the basis of Article 12 of the Regulation on the market surveillance of products.
Amendment 284 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Before making a product available on the market, distributors shall verify that the manufacturer and the importer have product bears the markings set out in Articles 8(6), (7) and 10(3) and is accomplanied with the requirelements set out in Articles 8(6), (7) and (8) and Article 10(3) and (4), as applicable8) and 10 (4).
Amendment 304 #
2013/0049(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Cases in which obligations of manufacturers apply to importers and distributors and vice versa
Amendment 307 #
2013/0049(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Manufacturers marketing under their own name or trademark a product previous placed on the EU market by another economic operator shall be considered as importers and hence subject to the relevant obligations under Article 10.
Amendment 348 #
2013/0049(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The penalties referred to in paragraph 1 shall have regard to the gravity of the infringement, to the size of the undertakings and in particular to the situation of small and medium-sized enterprises, as well as the actual operations carried out by economic operators as part of the production process and the extent to which they are in a position ot affect product safety. The penalties may be increased if the relevant economic operator responsible for first placing the product on the market has previously committed a similar infringement and may include criminal sanctions for serious infringements.
Amendment 73 #
2013/0048(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to make the entire market surveillance process transparent and easy to follow for both market surveillance authorities and economic operators, the Regulation should clearly set out the chronological steps of that process, from the moment when market surveillance authorities identify a product which they believe may present a risk, to the assessment of the risk presented, the corrective action to be taken by the relevant economic operatorparty responsible for placing the product on the market within a specified period and the measures to be taken by market surveillance authorities themselves if economic operatorsthose responsible for placing on the market do not comply or in cases of urgency.
Amendment 81 #
2013/0048(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Market surveillance authorities should be given the power to destroy products, render inoperable or order their destruction by the relevant economic operator, if they deem it necessary and proportionate to ensure that such goods cannot pose any further threats. The relevant economic operator should bear all the costs related to those actions.
Amendment 87 #
2013/0048(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive and include administrative penalties harmonised Union-wide. To that end it is necessary to allow for the seriousness of the infringement, company size and the situation of SMEs in particular, and the roles played by individual businesses within the supply chain, with particular reference to the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety. Member States should ensure that the proceeds obtained from such administrative penalties are used for market surveillance activities.
Amendment 88 #
2013/0048(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Market surveillance should be financed at least in part by fees charged to economic operatorschiefly by Member States and only to a very limited extent by penalties charged to economic operators responsible for placing on the market where they are required by market surveillance authorities to take corrective action or where those authorities are obliged to take action themselves. In such cases it will, however, be necessary to allow for the seriousness of the infringement, company size and the situation of SMEs in particular, and the roles played by individual businesses within the supply chain, with particular reference to the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety.
Amendment 90 #
2013/0048(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards uniform conditions for the carrying -out of checks by reference to particular product categories or sectors, including the scale of checks to be carried out and the adequacy of samples to be checked. Implementing powers should also be conferred as regards the modalities for the provision of information to market surveillance authorities by economic operators, as regards establishing uniform conditions for determining cases in which such information need not be provided. Economic operators should not, in any event, be called upon to supply information other than that which they are required to know by virtue of their role within the supply chain. Implementing powers should also be conferred as regards the modalities and procedures for the exchange of information through RAPEX and as regards the adoption of temporary or permanent marketing restrictions on products presenting a serious risk, where appropriate, specifying the necessary control measures to be taken by the Member States for their effective implementation where other Union legislation does not provide a specific procedure to address the risks in question. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of its implementing powers.
Amendment 111 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘ 'product presenting a safety risk’' means a product havingwhich has the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements;
Amendment 114 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 b (new)
Article 3 – paragraph 1 – point 13 b (new)
(13b) 'product presenting a regulatory risk' means a product which fails to comply with applicable Union legislation;
Amendment 118 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘'product presenting a serious risk’' means a product presenting a risk requiring rapid intervention and follow-up, including cases where the effects may not be immediate; any product that does not meet an essential requirement defined in the Union harmonisation legislation, as well as any product that does not meet the general safety requirement as defined in the mandate given by the Commission to the standardisation organisation shall be considered as presenting a serious risk;
Amendment 120 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14 b (new)
Article 3 – paragraph 1 – point 14 b (new)
(14b) 'product models' means products that are considered to be distinct as presenting identical or similar essential characteristics, with differences, if any, having no impact on their safety level, unless otherwise proven by the manufacturer and or the importer.
Amendment 126 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Market surveillance shall be organised and carried out in accordance with this Regulation with a view to ensuring that products presenting a risk, and products that are not compliant with the applicable Union legislation are not made available on the Union market and, where such products have been made available, effective measures are taken to remove the risk presented by the product and to put an end to its non-compliance.
Amendment 161 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. Market surveillance authorities shall take duly into account the seriousness of the risk and the precautionary principle. They shall accordingly carry out sample checks on sufficient numbers of products enabling conformity and the real risk posed to be assessed.
Amendment 181 #
2013/0048(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d a (new)
Article 7 – paragraph 1 – point d a (new)
(da) testing laboratories specialised in the commodity categories to which products to be tested belong, in accordance with the criteria set out in Article 28;
Amendment 191 #
2013/0048(COD)
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. Manufacturers and importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or on its packaging or in a document accompanying the product. The address shall indicate a single point at which the manufacturer or the importer can be contacted.
Amendment 224 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Regardless whether the risk assessment shows that the product in fact presents a risk, market surveillance authorities shall require the economic operator responsible for placing the product on the market to rectify the formal non-compliance. If the economic operator fails to do so, market surveillance authorities shall ensure that the product is withdrawn or recalled.
Amendment 226 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Without prejudice to Article 10(4), where market surveillance authorities find that a product does present a risk they shall without delay specify the necessary corrective action to be taken by the relevant economic operatorparty responsible for placing the product on the market to address the risk within a specified period. Market surveillance authorities may recommend or agree with the relevant economic operatorparty responsible for placing the product on the market the corrective action to be taken.
Amendment 229 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
The economic operatorparty responsible for placing on the market shall ensure that all necessary corrective action is taken in respect of all the products concerned that it has made available on the market throughout the Union.
Amendment 231 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 3 – introductory part
Article 9 – paragraph 3 – subparagraph 3 – introductory part
The economic operatorparty responsible for placing on the market shall provide all necessary information to market surveillance authorities pursuant to Article 8, and in particular the following information:
Amendment 233 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 4
Article 9 – paragraph 3 – subparagraph 4
Where possible, market surveillance authorities shall identify the manufacturer or importer of the product and take action in relation to that economic operator in addiit is not possible to identify the party responsible for placing the product on the market, market surveillance authorities shall take action in relation to the distributor.
Amendment 235 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Corrective action to be taken by economic operatorsthose responsible for placing on the market in relation to a product presenting a risk may include:
Amendment 250 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Market surveillance authorities may destroy or otherwise render inoperable a product presenting a risk where they deem it necessary and proportionate. They may require the relevant economic operator responsible for placing that product on the market to bear the cost of such action.
Amendment 262 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Market surveillance authorities may charge fees on economic operators which wholly orresponsible for placing on the market which partly cover the costs of their activities, including testing carried out for the risk assessment, where they take measures in accordance with paragraphs 1 or 4. The fees shall be calculated on the basis of the actual cost of each market surveillance activity and shall be charged to those economic operators which are responsible for placing on the market and subject to the market surveillance activities in question according to their role within the supply chain, taking into account company size and the situation of SMEs in particular as well as the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety. Such fees may not exceed the actual costs of the market surveillance activities carried out and may fully or partially reflect the time spent by market surveillance authority personnel in carrying out the above-mentioned checks.
Amendment 271 #
2013/0048(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
1. Where it is evident that a product, or a specific category or group of products, when used in accordance with the product's intended purpose or under conditions which can be reasonably foreseeable, presents a serious risk the Commission may, by means of implementing acts, take any appropriate measures depending on the gravity of the situation, including measures prohibiting, suspending or restricting the placing or making available on the market of such products or laying down special conditions for their marketing,. In addition to the measures specifically set forth in this Regulation, the Commission may take any other appropriate emergency measures in order to ensure a high level of protection of the public interest, provided that the risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned or by any other procedure under Union legislation. By those implementing acts, the Commission may lay down the appropriate control and precautionary measures to be taken by Member States to ensure their effective implementation. The market surveillance authorities shall identify risks arising in connection with products covered by this Regulation and the characteristics of such risks by complying with any possible indications and instructions that may be given by the Commission in relation to the actual methods, grids and criteria to be used in performing risk assessment. The market surveillance authorities shall record this information in the information and communication system for market surveillance referred to in Article 21. As appropriate, such implementing acts shall include the definition of the product models on which the tests are to be performed, regardless of those defined by the economic operator, as well as the risk assessment criteria. The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 32(2).
Amendment 282 #
2013/0048(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
1. Risk assessment shall be based on available scientific or technical evidence. Risk assessment shall be carried out in accordance with the general risk assessment methodology established by the Commission and, as appropriate, in accordance with the application made by the Commission for a specific category of products.
Amendment 296 #
2013/0048(COD)
Proposal for a regulation
Article 13 – paragraph 4 c (new)
Article 13 – paragraph 4 c (new)
4c. The Commission may, of its own initiative or at the request of a surveillance authority, have a risk assessment carried out by a European Union reference laboratory, in accordance with Article 28. Such assessment shall be binding on all stakeholders.
Amendment 311 #
2013/0048(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Market surveillance authorities shall request subcontractors to directly charge the cost of their services to the economic operator concerned unless the market surveillance authority considers this measure to be disproportionate, where they take measures in accordance with paragraph 1. Market surveillance authorities may charge fees which wholly or partly cover the costs of their activities, including testing carried out for the risk assessment, where they take measures in accordance with paragraph 1and work performed.
Amendment 388 #
2013/0048(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
The penalties referred to in the first subparagraph shall have regard to the seriousness of the infringement, the size of the undertakings and in particular to the situation of small and medium-sized enterprisesSMEs, and to the roles played by individual undertakings within the supply chain, with particular reference to the activity actually performed by the given economic operator in the production process and the ability of that operator to affect product safety. The penalties may be increased if the relevant economic operator responsible for placing on the market has previously committed a similar infringement and may include criminal sanctions for serious infringements.
Amendment 391 #
2013/0048(COD)
Proposal for a regulation
Article 33
Article 33
No later than [five] years after the date of application, the Commission shall assess the application of this Regulation and transmit an evaluation report to the European Parliament and the Council. That report shall assess if this Regulation achieved its objectives, in particular with regard to ensuring more effective and efficient enforcement of product safety rules and Union harmonisation legislation, improving cooperation between market surveillance authorities, strengthening the controls of products entering the Union and better protecting the health and safety of persons in general, health and safety in the workplace, consumer protection, the environment, energy efficiency, public security and other public interests, taking into account its impact on business and in particular on small and medium-sized enterprises. In addition, that report shall explore new and innovative, market-based solutions that could effectively complement the market surveillance actions carried out by the market surveillance authorities, and shall include, but not be limited to, exploring the potential of compulsory third party auditing schemes, together with compulsory third party collection and sampling of products tested.
Amendment 26 #
2012/2322(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, in the absence of harmonisation and with due regard to the principle of subsidiarity, the Member States maintain a margin of discrehave full competence and are in the best position to regulate online gambling in accordance with their own values and pursued objectives of general interest and in keeping with the principles laid down in the Treaties;
Amendment 39 #
2012/2322(INI)
Motion for a resolution
Recital B
Recital B
B. whereas currently, on account of the specific nature of gambling activities and in keeping with the subsidiarity principle, the supply of online gambling services is currently not subject to sector- specific regulation at European Union level, remaining – nevertheless – subject to a number of EU secondary legislative acts;
Amendment 50 #
2012/2322(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Court of Justice of the European Union (CJEU) has confirmed that the provision of games of chance or gambling is an economic activity, which consequently falls within the scope of fundamental freedoms of the TFEU, notably the free movement of services, and any restrictions imposed thereto need to comply with those provided for by the TFEU, notably under Articles 51 and 52 special kind of economic activity;
Amendment 64 #
2012/2322(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the risks involved in terms of consumer protectionconsumer protection, the public service costs generated by the social and health impact of gambling- related problems, fraud prevention and, law enforcement against illegal activities, such as money laundering, illegal gambling- related activities, and match fixing, are issues that require coordinated action at EU uropean Union level;
Amendment 95 #
2012/2322(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recognises that the Member States have the right to determine how the offer of online gambling services is to be organised and regulated at the national level, while observing the basic EU Treaty principlto take steps to combat the supply of illegal online gambling services and to guard against the risk of problem gambling, in particular among vulnerable consumers, in accordance with the principles laid down in the Treaties;
Amendment 117 #
2012/2322(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 132 #
2012/2322(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to continue to carry out effective checks on compliance with EU law of national laws and practices, and to takwith due lregal action against gambling monopolies that do not reduce gambling opportunities or limit promotional activities for gambling in a consistent manner, in line with CJEU case-lawrd for the subsidiarity principle and the fact that online gambling is a special kind of economic activity;
Amendment 149 #
2012/2322(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission, the Member States and the expert group on gambling services to draw up coordinated measures and strategies, including exchanges of best practice, with a view to looking into and addressing the problem of tax avoidance by authorised operators who provide online gambling services on the EU market but have their registered offices in a tax haven within or outside the EU;
Amendment 156 #
2012/2322(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the risks associated with a general prohibition of online– in particular for vulnerable consumers – associated with the recent increase in the availability of gambling services and with excessive restrictions for consumers; calls on the Commission and the Member States to weigh, as part of the work of the group of experts on gambling services, the social costs of permitting regul; stresses how important it is for Member States to evaluate the social and health costs generated by gambling activities against- related problems and the harmful effects of consumers resorting to illicit markets;
Amendment 166 #
2012/2322(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that Member States that open up their online gambling market must provide for a transparent procedure for granting permits or licences that is based on objective and non-discriminatory criteria, in full compliance with EU law;
Amendment 181 #
2012/2322(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the expert group on gambling services and on the Commission to facilitate, as much as possible, the pooling of information and best practice and the flow of data between regulators in the Member States in order to allow for the establishment of a common system for identifying players and of measures to combat the supply of illegal gaming services and to make self- exclusion mechanisms applicable throughout the EUnion;
Amendment 202 #
2012/2322(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the Member States, in the context of the expert group, to work in close cooperation with the Commission and with each other to coordinate steps to combat the unauthorised supply of cross- border gambling services and to implement the action plan of the Communication on online gambling;
Amendment 209 #
2012/2322(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance for the expert group to work towards removing unnecessary administrative burdens within national licensing systems that prevent legal online operators from offering their services to consumers;
Amendment 226 #
2012/2322(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes thatCalls on national regulators should be able to agree on equivalence clauses that wouldto exchange information and best practice in order to facilitate the application of national licenseces and permits, including agreements on basic technical standards for the certification of gaming equipment;
Amendment 240 #
2012/2322(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Agrees with the Commission that a fair offer of gambling services is necessary for consumer protection, because in its absence consumers are more likely toand responsible advertising that warns people of the risk of developing gambling-related problems which can be extremely harmful, are necessary in order to protect consumers – in particular those who are the most vulnerable – and to prevent them from turning to unreliable gambling websites;
Amendment 259 #
2012/2322(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to continue to explore measures at the EU level to protect vulnerable consumers, including formalised cooperation between regulators, and the introduction of an online trustmark for legal operators;
Amendment 278 #
2012/2322(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that the unquantifiable scope of compulsive gambling and gambling- related problems points to the need for additional research and data, and therefore calls on all Member States to carry out further studies to understand problem gambling and its social costs;
Amendment 294 #
2012/2322(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to consider legislation, in cooperation with the Member States, where appropriate through the expert group, to look into the possibility of adopting measures to create an EU-wide self- exclusion register, accessible by national authorities and licensed gambling operators, so that any customer who chooses to exclude him- or herself from one gambling operator has the opportunity to be automatically self-excluded from all other licensed gambling operators;
Amendment 312 #
2012/2322(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the workshop agreement published in February 2011 by the European Committee for Standardisation (CEN)1an assessment of all self- regulation schemes currently in place could serve as a basis for identifying the content of common standards;
Amendment 327 #
2012/2322(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that common standards for online gamblingthe recommendations on online gambling shortly to be issued by the Commission should address the rights and obligations of both the service provider and the consumer, including by means ofas well as action to combat the supply of illegal online gambling services, and should include measures to ensure a high level of protection for players, particularly minors and other vulnerable persons,; and the prevention of misleading advertisementsks for those recommendations also to cover provisions allowing only advertising that is responsible, is not misleading and warns people of the risk of developing gambling problems which can be extremely harmful, as well as an outright ban on advertising by unauthorised operators;
Amendment 351 #
2012/2322(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recommends the introduction of uniform and pan-European common standards for electronicplayer identification and cross border e- verification services; notes that the different registration procedures across the EU undermine regulated operators, and can push consumers into the hands of illegal operators; calls, therefore, for registration and identification procedures to be streamlined and made more efficientcalls, accordingly, for registration and identification procedures to be optimised and made more efficient, without this resulting in consumers being burdened with excessive administrative requirements, which could make the services offered by illegal operators appear more attractive;
Amendment 378 #
2012/2322(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Commission's proposal to extend the scope of the Anti- Money Laundering Directive to cover gambling, with a view to ensuring that more effective action is taken at EU level against this form of crime;
Amendment 382 #
2012/2322(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Calls on the Commission, the Member States and the expert group on gambling services to draw up coordinated measures and strategies, including exchanges of best practice, for looking into, and taking effective action against, infiltration of the online gambling industry by organised criminal gangs;
Amendment 129 #
2012/2260(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Commission Communication of 28 November 2012 entitled 'Annual Growth Survey 2013' (COM(2012)0750) and the Commission Report entitled 'State of the Single Market Integration 2013 − Contribution to the Annual Growth Survey 2013' (COM(2012)0752),
Amendment 146 #
2012/2260(INI)
Motion for a resolution
Recital AD a (new)
Recital AD a (new)
ADa. whereas the Annual Growth Survey 2013 has launched the third European Semester cycle and includes now for the first time an annual report on the state of the Single Market integration; whereas this stronger focus on the Single Market in the context of the European Semester is necessary in order to better exploit its growth and employment potentials in Europe and to allow citizens and businesses to fully benefit from it;
Amendment 148 #
2012/2260(INI)
Motion for a resolution
Recital AD b (new)
Recital AD b (new)
ADb. whereas the report on the State of the Single Market Integration 2013 does however not provide any new insights on the state of play in Member States nor draw sufficiently elaborated conclusions with regard to concrete growth potentials; whereas the choice of priority areas in the integration report should be backed by comprehensive data;
Amendment 149 #
2012/2260(INI)
Motion for a resolution
Recital AD c (new)
Recital AD c (new)
ADc. whereas future reports on the State of the Single Market Integration should therefore be clearer on current deficiencies in the Single Market, and provide more concrete guidance on possible remedies and the expected benefits, in order to enable meaningful responses by Member States;
Amendment 152 #
2012/2260(INI)
Motion for a resolution
Recital AD e (new)
Recital AD e (new)
ADe. whereas the report lists a number of priorities for the energy and transport markets, and whereas many of those priorities point to the lack of investments and competition in some areas; whereas further research is needed in order to make a strong case for specific actions and calls upon Member States;
Amendment 155 #
2012/2260(INI)
Motion for a resolution
Recital AD f (new)
Recital AD f (new)
ADf. whereas the digital economy is also considered as a priority area; whereas timely and correct transposition and implementation of the Consumer Rights Directive is one of the essential factors for the development of this economy;
Amendment 157 #
2012/2260(INI)
Motion for a resolution
Recital AD g (new)
Recital AD g (new)
ADg. whereas more innovative actions are needed in order to support the Single Market based on the social market economy; whereas the Annual Growth Survey 2013 brought forward an interesting proposal on the introduction of a consumer insolvency regime, and whereas this proposal should be further explored to determine its feasibility and usefulness;
Amendment 6 #
2012/2144(INI)
Motion for a resolution
Recital A
Recital A
A. whereas our single market is the highwayuniform development of our single market and policies geared to the reindustrialisation of Europe could help to bring us out of the crisis;
Amendment 14 #
2012/2144(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Services Directive has not brought concretall of the benefits since its adoption in 2006, facilitating market access for both business and consumersexpected of it when it was adopted in 2006;
Amendment 15 #
2012/2144(INI)
Motion for a resolution
Recital E
Recital E
E. whereas fragmented interpretation and inadequateresulting from difficulties experienced in implementation ofing the directive is still hampering free movement of services across borders;
Amendment 17 #
2012/2144(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the time has come to act, given that, with rising unemployment, the services sector is more than ever a source of competitiveness, growth and jobs that cannot be neglected; whereas, furthermore, full implementation of the objectives of the Services Directive should be achieved in line with the proportionality and subsidiarity principles and without undermining the production base in the Member States;
Amendment 48 #
2012/2144(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. RegretNotes that Member States are often lawfully using overriding reasons of public interest (Article15 of the Services Directive) to protect and favour their domestic market; highlights the fact that burdensome legal- form and shareholder requirements, territorial restrictions, economic needs tests and fixed tariffs create unjustified obstacles to cross-border establishment;
Amendment 66 #
2012/2144(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to ensure consistency between the peer review under the Services Directive and the mutual evaluation under the Professional Qualifications Directive and to identify where Member States are disproportionately blocking access to certain professions; urges Member States to remove such unjustified requirements;
Amendment 70 #
2012/2144(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 83 #
2012/2144(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States to upgrade to second-generation Points of Single Contact that are fully functional, multilingual and user-friendly e-government portals; stresses the importance of taking a service- provider approach covering the entire business cycle; believes that e-procedures will enhance simplification, reduce compliance costs and increase legal certainty; calls on Member States to foster the delegation of administrative tasks to officially accredited private bodies; calls on Member States to ensure full interoperability of their PSCs and make them known across borders; calls on the Commission to set out clear benchmarking criteria for the evaluation of PSCs and to regularly report to Parliament on progress made;
Amendment 88 #
2012/2144(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the fact that, where properly enforcedin some cases, the Services Directive has brought concrete results in terms of jobs and growth; supports, therefore, the exchange of best practices between Member States, including innovative solutions between competent authorities in border regions;
Amendment 91 #
2012/2144(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that inadequate implementation has a ‘borderless’ impact, with citizens across the EU paying the price; emphasises that all Member States have a responsibility vis-à-vis one another and the Union to effectively enforce the directive and should be confronted with their obligations on an equal footing;
Amendment 93 #
2012/2144(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 103 #
2012/2144(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the fact that overriding reasons of public interest are too often invoked in a way that damages the internal market for services; regrets that the proportionality assessment is rarely made; asks the Commission to clarify the concept of proportionality and issue practical guidance toguidelines for the Member States on how to apply it;
Amendment 107 #
2012/2144(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly supportcriticises the Commission’s zero tolerance policy; encourages the Commission to make use of all means at its disposal to ensgain a clearer picture of the real reasons for the failure to fully enforcement of existing rules, in dialogue with Member States; calls for fast-track infringement procedures to be applied whenever breaches of the directive are identified;
Amendment 116 #
2012/2144(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls on the Commission to lose no time in identifying practical means of resolving the problems that have arisen in connection with the implementation of Article 12 (Selection from among several candidates), which, particularly in some Member States, is giving rise to serious concerns about the future of many small and micro-businesses; calls on the Commission to consider the advisability of submitting a fresh legislative proposal providing for the automatic renewal, under certain conditions, of existing authorisations and defining more clearly and broadening the criteria set out in Article 12(3) of the Services Directive;
Amendment 16 #
2012/2040(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that further standardisation at European level is needed, in the form of a regulatory framework thato establishes security standards for each form of electronic payments, and that regulateswhich apply to all the actors involved in the provision of payment services as well as all intermediaries;
Amendment 26 #
2012/2040(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that domestic and cross-boarder multilateral interchange fees in the Single Euro Payments Area (SEPA) should be harmonised and progressively banned by a fixed deadline and that, iconverge by a fixed deadline in accordance with an agreed methodology which takes into account the interests of consumers and merchants. In parallel, surcharges, rebates and other steering practices should be progressively banned as well, paving the way for a more transparent European single market of payments;
Amendment 29 #
2012/2040(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognises the role of multilateral interchange fees as a critical tool to balance the benefits and costs of electronic payments, and ensures that each participant pays their fair share of the costs associated with providing card payment services. Any excessive regulatory intervention in interchange may result in fewer payment choices, an increase in costs for consumers, curb innovation and have a negative impact on investment in security;
Amendment 58 #
2012/0366(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In accordance with Article 114(3) of the Treaty of the Functioning of the European Union (hereinafter: "Treaty"), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. To that end, it is also essential to continue to provide education, information and prevention campaigns and programmes to help citizens who wish to give up smoking.
Amendment 69 #
2012/0366(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessarywhich are essential for the manufacturinge of tobacco products should be allowed, as long as they do not result in a characterising flavour. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision making. The application of this Directive should not discriminate between different tobacco varieties.
Amendment 73 #
2012/0366(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In accordance with Article 114(3) of the Treaty ofn the Functioning of the European Union (hereinafter: “Treaty”), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. To that end, it is also essential to continue to provide education, information and prevention campaigns and programmes to help citizens who wish to give up smoking.
Amendment 75 #
2012/0366(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco, water- pipe tobacco and smokeless tobacco which are mainly consumed by older consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. Or. it (See amendment to Article 6(10.)
Amendment 77 #
2012/0366(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The labelling provisions also need to be adapted to new scientific evidence. For example the indication of the yields for tar, nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests that large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and, to ensure they are effective, cover significant and visible parts of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness.
Amendment 84 #
2012/0366(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimensionesign characteristics of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, ‘natural’, ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 95 #
2012/0366(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Cross-border distance sales of tobacco, and practices such as the free distribution or swapping of tobacco products in public places for promotional purposes, facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services. Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014. They should, therefore, be prohibited. Or. it (See amendments to Article 16.)
Amendment 101 #
2012/0366(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, and the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. Or. it (See amendment to Article 6(2), subparagraph 2.)
Amendment 104 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, the methodology for determining whether a tobacco product has characterising flavour, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. Or. it (See amendments to Article 3 and Article 6(2), subparagraph 2.)
Amendment 109 #
2012/0366(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessarywhich are essential for the manufacturinge of tobacco products should be allowed, as long as they do not result in a characterising flavour. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision -making. The application of this Directive should not discriminate between different tobacco varieties.
Amendment 118 #
2012/0366(COD)
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) the prohibition of cross-border distance sales of tobacco products; Or. it (See amendments to Article 16.)
Amendment 121 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 126 #
2012/0366(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Considering the Directive’s focus on young people, tobacco products other than cigarettes, roll-your-own tobacco, water- pipe tobacco, and smokeless tobacco, which are mainly consumed by older consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. Or. it (See amendment to Article 6(10))
Amendment 126 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – introductory part
Article 2 – paragraph 1 – point 11 – introductory part
(11) ‘'cross-border distance sales’' means a distance sales service where, at the time the consumer orders the product, the consumer is located in a Member State other than the Member State or the third country where the retail outlet is established; a retail outlet is deemed to be established in a Member State: Or. it (See amendments to Article 16.)
Amendment 127 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point a
Article 2 – paragraph 1 – point 11 – point a
Amendment 128 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point b
Article 2 – paragraph 1 – point 11 – point b
Amendment 130 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘ingredient’ means an additive, tobacco (leaves and other natural, processed or unprocessed parts of tobacco plants including expanded and reconstituted tobacco), as well as any substance present in a finished tobacco product including paper, filter, inks, capsules and adhesives;
Amendment 132 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18 a (new)
Article 2 – paragraph 1 – point 18 a (new)
Amendment 135 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘'maximum level’' or ‘'maximum yield’' means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
Amendment 136 #
2012/0366(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The labelling provisions also need to be adapted to new scientific evidence. For example the indication of the yields for tar, nicotine and carbon monoxide on cigarette packets haves proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests that large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and, in order to be effective, cover significant and visible parts of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness.
Amendment 137 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘novel tobacco product’ means a tobacco product other than a cigarette, roll- your-own tobacco, pipe tobacco, water- pipe tobacco, cigar, cigarillo, chewing tobacco, nasal tobacco or tobacco for oral use placed on the market after entry into force of this Directive;(Does not affect English version.)
Amendment 138 #
2012/0366(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
Amendment 139 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘'place on the market’' means to make products available to consumers located in the Union, with or without payment, including by means of distance sale; in case of cross-border distance sales the product is deemed to be placed on the market in the Member State where the consumer is located; ; Or. it (See amendments to Article 16.)
Amendment 143 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) ‘substantial change of circumstances’ means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 10% in at least 10 Member States25% throughout the Union based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member Statesthroughout the Union for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
Amendment 152 #
2012/0366(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimensionesign characteristics of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low- tar’, ‘light’, ‘ultra-light’, ‘mild’, ‘natural’, ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 155 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development ando internationally agreed standards.
Amendment 161 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.
Amendment 163 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 3 (a) to internationally agreed standards, where available, or (b) where scientific evidence demonstrates that they increase the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.
Amendment 169 #
2012/0366(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall notify the Commission of the methods of measurement that they use for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Based on these methods, and taking into account scientific and technical developments as well as internationally agreed standards the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt methods of measurement.
Amendment 170 #
2012/0366(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
Amendment 175 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
Amendment 176 #
2012/0366(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Cross-border distance sales of tobacco, and practices such as the free distribution or swapping of tobacco products in public places for promotional purposes, facilitate access to tobacco products ofby young people and risk to undermineing compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services. Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, as of 13 June 2014. They should therefore be abolished. Or. it (See amendments to Article 16.)
Amendment 186 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission shall adopt by means of implementing actsbe empowered to adopt delegated acts, in accordance with Article 22, to lay down uniform rules on the procedures for determining whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 192 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Paragraph 5 shall not apply to technical measures intended to decrease specific harmful components of smoke or enhance the biodegradability of tobacco products.
Amendment 194 #
2012/0366(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Non-tobacco nicotine-containing products are sold on the Union market. The different regulatory approaches taken by Member States to address health and safety concerns associated with these products have a negative impact on the functioning of the internal market, in particular considering that these products are subject to significant cross-border distance sales including via the internet.
Amendment 201 #
2012/0366(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use provides a legal framework to assess the quality, safety and efficacy of medicinal products including nicotine -containing products. A significant number of nicotine-containing products were already authorised under this regulatory regime. The authorisation takes into account the nicotine content of the product in question. Subjecting all nicotine- containing products, whose nicotine content equals or exceeds the content of aExcluding non- tobacco nicotine -containing product previouslys authorised under Directive 2001/83/EC, to from the same legal frameworkcope of this Directive clarifies the legal situation, levels out differences between national legislations, ensures equal treatment of all nicotine -containing products usable for smoking -cessation purposes and creates incentives for research and innovation in smoking cessation. This should be without prejudice to the application of Directive 2001/83/EC to other products covered by this Directive if the conditions set by Directive 2001/83/EC are fulfilled. Or. it (See amendments to Article 18.)
Amendment 202 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco, water-pipe tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 208 #
2012/0366(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Labelling provisProvisions on ingredients, labelling, and descriptions should be introduced for non-tobacco nicotine -containing products below the threshold set out incovered by this Directive in order to drawing the attention of consumers to potential health risks. Or. it (See amendments to Article 18.)
Amendment 214 #
2012/0366(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, and the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. Or. it (See amendment to Article 6(2), subparagraph 2.)
Amendment 217 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm, in black Helvetica bold type on a white or coloured background. For roll- your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 226 #
2012/0366(COD)
Proposal for a directive
Recital 38
Recital 38
(38) In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness, the methodology for determining whether a tobacco product has characterising flavour, the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, and reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your- own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. (See amendments to Article 3, Article 6(2), second subparagraph, and Article 18.)Or. it
Amendment 227 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
(b) to define the position, format, layout and design of the health warnings laid down in this Article, including their font typsize and background colour, with due regard for the linguistic constraints obtaining in each Member State.
Amendment 246 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) be positioned at the bottopm edge of the unit packet and any outside packaging, and in the same direction as any other information appearing on the packaging;
Amendment 254 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 255 #
2012/0366(COD)
Proposal for a directive
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) the prohibition of cross-border distance sales of tobacco products; Or. it See amendments to Article 16.
Amendment 267 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Amendment 268 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
c) define the position, format, layout, designlayout, design (including font type and size), rotation and proportions of the health warnings, with due regard for the linguistic constraints obtaining in each Member State;
Amendment 277 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The general warning referred to in paragraph 1 shall cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
Amendment 280 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 45 % for Member States with two official languages and 50 % for Member States with threemore than two official languages.
Amendment 292 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
Amendment 293 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – introductory part
Article 2 – paragraph 1 – point 11 – introductory part
(11) ‘cross-border distance sales’ means a distance sales service where, at the time the consumer orders the product, the consumer is located in a Member State other than the Member State or the third country where the retail outlet is established; a retail outlet is deemed to be established in a Member State: Or. it See amendments to Article 16.
Amendment 294 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point a
Article 2 – paragraph 1 – point 11 – point a
Amendment 295 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point b
Article 2 – paragraph 1 – point 11 – point b
Amendment 302 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 307 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
Amendment 307 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The variety of tobacco used to manufacture the product and/or its country of origin may be indicated on the unit packet.
Amendment 310 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 18 c (new)
Article 2 – paragraph 1 – point 18 c (new)
Amendment 317 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘maximum level’ or ‘maximum yield’ means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
Amendment 317 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your- own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 g.
Amendment 321 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23
Article 2 – paragraph 1 – point 23
(23) ‘novel tobacco product’ means a tobacco product other than a cigarette, roll- your-own tobacco, pipe tobacco, water- pipe tobacco, cigar, cigarillo, chewing tobacco, nasal tobacco or tobacco for oral use placed on the market after entry into force of this Directive;
Amendment 326 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) ‘place on the market’ means to make products available to consumers located in the Union, with or without payment, including by means of distance sale; in case of cross-border distance sales the product is deemed to be placed on the market in the Member State where the consumer is located; ; Or. it See amendments to Article 16.
Amendment 328 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 334 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 343 #
2012/0366(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 30
Article 2 – paragraph 1 – point 30
(30) ‘substantial change of circumstances’ means an increase of the sales volumes by product category, (such as pipe tobacco, cigar, cigarillo,) by at least 10% in at least 10 Member States25% throughout the Union based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member Statesthroughout the Union for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
Amendment 368 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 10
Article 14 – paragraph 10
10. Tobacco products other than cigarettes and roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of 510 years following the date referred to in paragraph 1 of Article 25.
Amendment 373 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development ando internationally agreed standards.
Amendment 376 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where theprohibit retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outlets intending toon their territory from engageing in cross-border distance sales shall submit at least the following information to the competent authorities:.
Amendment 381 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 385 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 389 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.(Text split between paragraph 3 and a new paragraph 3a for greater clarity.)
Amendment 389 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 391 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Member States shall prohibit on their territory the distribution of free or discounted tobacco products and the swapping of new, sealed packets of tobacco products for packets that have already been opened, irrespective of the channels used.
Amendment 394 #
2012/0366(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
Amendment 394 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 399 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 404 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 409 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 413 #
2012/0366(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall notify the Commission of the methods of measurement that they use for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Based on these methods, and taking into account scientific and technical developments as well as internationally agreed standards the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt methods of measurement.
Amendment 416 #
2012/0366(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
Amendment 441 #
2012/0366(COD)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
Amendment 453 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
Amendment 457 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2),6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of timefive years from [Office of Publications: please insert the date of the entry into force of this Directive].
Amendment 461 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 466 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 501 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
The Commission shall adopt by means of implementing actsbe empowered to adopt delegated acts, in accordance with Article 22, to lay down uniform rules on the procedures for determining whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
Amendment 538 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Paragraph 5 shall not apply to technical measures intended to decrease specific harmful components of smoke or enhance the biodegradability of tobacco products.
Amendment 582 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Tobacco products other than cigarettes, roll-your-own tobacco, water-pipe tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
Amendment 611 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm, in black Helvetica bold type on a white or coloured background. For roll- your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 634 #
2012/0366(COD)
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
(b) to define the position, format, layout and design of the health warnings laid down in this Article, including their font typsize and background colour, with due regard for the linguistic constraints obtaining in each Member State.
Amendment 698 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point f
Article 9 – paragraph 1 – point f
(f) be reproduced in accordance with the format, layout, design and proportions specified by the Commission pursuant to paragraph 3; Or. it (See amendment to Article 9(3)(c).)
Amendment 712 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
Amendment 746 #
2012/0366(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) define the position, format, layout, designlayout, design (including font type and size), rotation and proportions of the health warnings, with due regard for the linguistic constraints obtaining in each Member State;
Amendment 767 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The general warning referred to in paragraph 1 shall cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
Amendment 772 #
2012/0366(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 45 % for Member States with two official languages and 50 % for Member States with threemore than two official languages.
Amendment 806 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
Amendment 861 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The variety of tobacco used to manufacture the product and/or its country of origin may be indicated on the unit packet.
Amendment 910 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 928 #
2012/0366(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 1014 #
2012/0366(COD)
Proposal for a directive
Article 14 – paragraph 10
Article 14 – paragraph 10
10. Tobacco products other than cigarettes and roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of 510 years following the date referred to in paragraph 1 of Article 25.
Amendment 1042 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where theprohibit retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outlets intending toon their territory from engageing in cross-border distance sales shall submit at least the following information to the competent authorities:.
Amendment 1047 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Member States shall prohibit on their territory the distribution of free or discounted tobacco products and the swapping of new, sealed packets of tobacco products for packets that have already been opened, irrespective of the channels used.
Amendment 1055 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 1063 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 1071 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 1080 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 1090 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1098 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 1107 #
2012/0366(COD)
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 1151 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The following nicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:Articles 6(1) to (9), 10, 12(1) and (2) and 16 shall apply, mutatis mutandis, to nicotine-containing products other than tobacco products.
Amendment 1165 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Nicotine-containing products other than tobacco products in respect of which marketing authorisations are granted under Directive 2011/83/EC shall not be covered by this Directive.
Amendment 1178 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 1191 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 1205 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 1216 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1224 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 1237 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 1246 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 1261 #
2012/0366(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with threemore than two official languages.
Amendment 1272 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 3(3a), 4(3), 4(4), and 4(4a), 6(2),6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(54(9) shall be conferred on the Commission for an indeterminate period of timefive years from [Office of Publications: please insert the date of the entry into force of this Directive]..
Amendment 1284 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The delegation of powers referred to in Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(54(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1294 #
2012/0366(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. A delegated act pursuant to Articles 3(2), 3(3a), 4(3), 4(4), 4(4a), 6(2), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(54(9) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1353 #
2012/0366(COD)
Proposal for a directive
Annex 1 – point 14 a (new)
Annex 1 – point 14 a (new)
Amendment 1356 #
2012/0366(COD)
Proposal for a directive
Annex 1 – heading 1 a (new)
Annex 1 – heading 1 a (new)
Amendment 51 #
2012/0184(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘'roadworthiness test’' means a verification that the parts and components of a vehicle comply with its safety and environmental characteristics in force at the time of approval, first registration or entry into service, as well as at the time of retrofittingn inspection to ensure that a vehicle is safe to be used on public roads and complies with required environmental characteristics;
Amendment 55 #
2012/0184(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Vehicle manufacturers shall provide the testing centres and the independent operators or, when relevant, the competent authority, with access to the technical information necessary for roadworthiness testing, as set out in Annex I. The Commission shall adopt detailed rules concerning the procedures on access to the technical information set out in Annex I in accordance with the examination procedure referred to in Article 16(2).
Amendment 81 #
2012/0184(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission shall examine the feasibility, costs and benefits of the establishment of an electronic vehicle information platform with a view to exchange information on data related to roadworthiness testing between the competent authorities of Member States responsible for testing, registration and vehicle approval, the testing centres and, the vehicle manufacturers and independent operators.
Amendment 37 #
2012/0175(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the taking-up and pursuit of the activities of insurance and reinsurance mediation, including professional management of claims and loss adjusting, by natural and legal persons which are established in a Member State or which wish to be established there.
Amendment 42 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3 – introductory part
Article 2 – paragraph 1 – point 3 – introductory part
(3) ‘insurance mediation’ means the activities of advising on, proposing or carrying out other work preparatory to the conclusion of contracts of insurance, concluding such contracts or assisting in the administration and performance of such contracts, in particular in the event of a claim, and the. These activities shall be considered activityies of professional management of claims and loss adjusting. These activitiesadvising on, proposing or carrying out other work preparatory to the conclusion of contracts of insurance, or of concluding such contracts, shall also be considered to be insurance mediation also if carried onut by an employee of an insurance undertaking in direct contact with the client without the intervention of an insurance intermediary.
Amendment 44 #
2012/0175(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘'tied insurance intermediary’' means any person who carries on the activity of insurance mediation for and on behalf of one or more insurance undertakings or insurance intermediaries,in the case of insurance products which are not in competition and who acts under the full responsibility of those insurance undertakings for insurance intermediaries, provided that the insurance intermediaries under whose responsibility the person acts do not themselves act undthe products which concern them responsibility of another insurance undertaking or intermediary;ectively.
Amendment 112 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) if the intermediary will receive a fee or a commission of any kind, the full amount of the remuneration concerning the insurance products being offered or considered or, where the precise amount is not capable of being given, the basis of calculation of all the fee or commission or the combination of both;whether in relation to the insurance contract, the source of remuneration is: (i) the policyholder; (ii) the insurance undertaking; (iii) another insurance intermediary; (iv) a combination of (i), (ii) and (iii).
Amendment 115 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 117 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 121 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 123 #
2012/0175(COD)
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 131 #
2012/0175(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. When the insurance intermediary or the insurance undertaking inform the customer that it gives its advice on the basis of a fair analysis, it is obliged to give that advice on the basis of an analysis of a sufficiently large number of insurance contracts available on the market, to enable it to make a recommendation, in accordance with professional criteria, regarding which insurance contract would be adequate to meet the customer's needs.
Amendment 144 #
2012/0175(COD)
Proposal for a directive
Chapter 7 – title
Chapter 7 – title
Amendment 145 #
2012/0175(COD)
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
This Chapter applies additional requirements to insurance mediation, when carried on in relation toreplaces Articles 15 to 18 of Chapter VI for the sale of insurance investment products by:
Amendment 158 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 3 – point a
Article 24 – paragraph 3 – point a
(a) the insurance intermediary or insurance undertaking and its services. When advice is provided, information shall specify whether the advice is provided on an independent basis and whether it is based on a broad or on a more restricted analysis of the market and shall indicate whether the insurance intermediary or insurance undertaking will provide the customer with the on-going assessment of the suitability of the insurance product recommended to the customer;
Amendment 160 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 3 – point b
Article 24 – paragraph 3 – point b
(b) insurance products and proposed investment strategies. This should include appropriate guidancewhether advice is provided independently on the basis of a fair analysis in the market or on the basis onf and warnings of the risks associ analysis of the products offered by an insurance undertaking. The information shall indicated wihether the investments in those products or in respect of particular investment strategies; andsurance intermediary or insurance undertaking will provide the customer with the on- going assessment of the suitability of the insurance product recommended to the customer;
Amendment 161 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 3 – point c
Article 24 – paragraph 3 – point c
(c) costs and associated chargeinsurance products while taking into account the complexity of the insurance product and the type of customer (whether consumer or not). This should include appropriate guidance on and warnings of the risks associated with investments in those products.
Amendment 163 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 5 – introductory part
Article 24 – paragraph 5 – introductory part
5. When the insurance intermediary or insurance undertaking informs the customer that insurance advice is provided on an independent basis, the insurance intly, the appropriate information refermrediary or insurance undertaking shall to in paragraph 3 shall include the following which shall be provided before the insurance advice:
Amendment 164 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 5 – point a
Article 24 – paragraph 5 – point a
(a) assess a sufficiently large number of insurance products available on the market. The insurance products should be diversified with regard to their type and issuers or product providers and should not bethe range of insurance products on which the recommendation will be based and, in particular, whether the range is limited to insurance products issued or provided by entities having close links with the insurance intermediary or insurance undertakingwho represents the customer; and
Amendment 168 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 5 – point b
Article 24 – paragraph 5 – point b
(b) not accept or receive fees, commissions or any monetary benefits paid or provided by any third party or a person acting on behalf of a third party in relation to the provision ofwhether a fee is payable by the customer for the seradvice to customers.;
Amendment 170 #
2012/0175(COD)
Proposal for a directive
Article 24 – paragraph 5 – point b a (new)
Article 24 – paragraph 5 – point b a (new)
(b a) whether the insurance intermediary receives any fees or commissions from third parties in relation to the insurance contract.
Amendment 57 #
2012/0146(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) One of the objectives of this Regulation is to remove existing barriers to the cross-border use of electronic identification means used in the Member States to access at least public services. This Regulation does not aim at intervening on electronic identity management systems and related infrastructures established in the Member States. The aim of this Regulation is to ensure that for the access to cross-border online services offered by the Member States, securea high level of security for electronic identification and authentication is possible, also by providing for different levels of security linked to the type of services to which access is permitted.
Amendment 59 #
2012/0146(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Cooperation of Member States should serve the technical interoperability and neutrality of the notified electronic identification schemes with a view to fostering a high level of trust and security appropriate to the degree of risk. In this regard, the Member States should ensure that their electronic identification schemes undergo prior technological verification as part of the cooperation mechanism mentioned above. The exchange of information and the sharing of best practices between Member States with a view to their mutual recognition should help such cooperation.
Amendment 74 #
2012/0146(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for electronic identification and electronic trust services for electronic transactions with a view to ensuring the proper functioning of the internal market, guaranteeing a high level of security and boosting public trust in the digital world.
Amendment 100 #
2012/0146(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Mutual recognition and acceptance Mutual recognition
Amendment 109 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) the electronic identification means incorporate different levels of security in accordance with the type of services to which they allow access;
Amendment 117 #
2012/0146(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The Commission, by means of implementing acts, shall set out the criteria for determining the various security levels linked to the type of services to which the electronic identification scheme allows access.
Amendment 118 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) a description of the notified electronic identification scheme, including the various security levels linked to the type of services to which access is permitted;
Amendment 121 #
2012/0146(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) a description of the authentication possibility, also in accordance with the different security levels required for access;
Amendment 130 #
2012/0146(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Coordination Coordination and interoperability
Amendment 132 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall cooperate in order to ensure the interoperability and technological neutrality of electronic identification means falling under a notified scheme and to enhance their security.
Amendment 134 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Where an electronic identification scheme does not pass the prior technological test in terms of neutrality and interoperability, which is the responsibility of the Member States under the cooperation mechanism referred to in paragraph 1, the scheme shall not be eligible for notification under Article 7 for the purpose of the mutual recognition referred to in Article 5.
Amendment 137 #
2012/0146(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 38 concerning the facilitation of cross border interoperability of electronic identification means by setting of minimum technical requirements. technologically neutral minimum requirements for the different security levels required for access.
Amendment 39 #
2012/0027(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Compliant and trustworthy economic operators who help to secure the customs clearance chain and the European Union's financial interests should, as ‘"authorised economic operators’", be able to take maximum advantage of widespread use of simplification and, taking account of security and safety aspects, benefit fromshould enjoy practical benefits including reduced levels of customs control. They may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety. They may be granted one or other status, or both together.
Amendment 40 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 11
Article 5 - point 11
11. ‘declaration for temporary storage’ means the act whereby a person indicates, in the prescribed form and manner, that goods are placed oror are intended to be placed under that procedurin temporary storage;
Amendment 41 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 14 a (new)
Article 5 - point 14 a (new)
14a. ‘temporary storage’ means a situation in which non-Union goods are temporarily stored under customs supervision between their presentation to customs and their placement under a customs procedure;
Amendment 42 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 31 - point b
Article 5 - point 31 - point b
Amendment 43 #
2012/0027(COD)
Proposal for a regulation
Article 5 - point 31 - point c
Article 5 - point 31 - point c
Amendment 57 #
2012/0027(COD)
Proposal for a regulation
Article 21 - paragraph 6 a (new)
Article 21 - paragraph 6 a (new)
6a. Holders of the status of authorised economic operator as referred to in paragraph 2 shall enjoy more favourable treatment based on the type of certificate obtained, in accordance with paragraph 2(a) and (b).
Amendment 58 #
2012/0027(COD)
Proposal for a regulation
Article 21 - paragraph 6 b (new)
Article 21 - paragraph 6 b (new)
6b. Applications from authorised economic operators shall be dealt with first.
Amendment 109 #
2012/0027(COD)
Proposal for a regulation
Article 83 - paragraph 2
Article 83 - paragraph 2
2. Where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred, aAn economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in Article 22(b) and (c)
Amendment 111 #
2012/0027(COD)
Proposal for a regulation
Article 91 - paragraph 2
Article 91 - paragraph 2
2. Where the customs debt is incurred as the result of an act which, at the time it was committed, was liable to give rise to criminal court proceedings, the three year period laid down in paragraph 1 shall be extended to a period of tenfive years.
Amendment 123 #
2012/0027(COD)
Proposal for a regulation
Article 117 - paragraph 1 a (new)
Article 117 - paragraph 1 a (new)
The competent customs office may waive the lodging of an entry summary declaration in respect of goods for which, prior to the expiry of the time-limit for lodging that declaration, a declaration for temporary storage is lodged. That declaration for temporary storage shall contain at least the particulars necessary for the entry summary declaration. Until such time as the goods declared are presented to customs in accordance with Article 124, the declaration for temporary storage shall have the status of an entry summary declaration.
Amendment 128 #
2012/0027(COD)
Proposal for a regulation
Article 124 - paragraph 3
Article 124 - paragraph 3
3. The person presenting the goods shall make a reference to the entry summary declaration or customs declaration or declaration for temporary storage which has been lodged in respect of the goods, except where the lodging of suchan entry summary declaration is not required.
Amendment 129 #
2012/0027(COD)
Proposal for a regulation
Article 124 - paragraph 4
Article 124 - paragraph 4
4. Where non-Union goods presented to customs are not covered by an entry summary declaration, and except where the lodging of such declaration is not required, the holder of the goods shall lodge such a declaration or a customs declaration replacing it immediatelyone of the persons referred to in Article 114 shall immediately lodge an entry summary declaration or a customs declaration or a declaration for temporary storage replacing the entry summary declaration.
Amendment 130 #
2012/0027(COD)
Proposal for a regulation
Article 125 a (new)
Article 125 a (new)
Article 125a Temporary storage of goods Except where non-Union goods are placed under a customs procedure, they shall be in temporary storage from the moment of their presentation to customs in the following cases: (a) where goods brought into the customs territory of the Union are presented to customs immediately upon their arrival in accordance with Article 124; (b) where goods are presented to the customs office of destination in the customs territory of the Union in accordance with the rules governing the transit procedure; (c) where goods are brought from a free zone into another part of the customs territory of the Union.
Amendment 131 #
2012/0027(COD)
Proposal for a regulation
Article 125 b (new)
Article 125 b (new)
Amendment 132 #
2012/0027(COD)
Proposal for a regulation
Article 125 c (new)
Article 125 c (new)
Article 125c Amendment and invalidation of a declaration for temporary storage 1. The declarant may, upon application, be authorised to amend one or more particulars of the declaration for temporary storage after it has been lodged. No amendment shall be possible after any of the following : (a) the customs authorities have informed the person who lodged the declaration that they intend to examine the goods ; (b) the customs authorities have established that particulars of the declaration are incorrect; ; (c) the goods have been presented to customs. 2. Where the goods for which a declaration for temporary storage has been lodged are not presented to customs, the customs authorities shall invalidate that declaration: (a) upon application by the declarant; and (b) within a specific time-limit after the declaration has been lodged.
Amendment 133 #
2012/0027(COD)
Proposal for a regulation
Article 125 d (new)
Article 125 d (new)
Article 125d Conditions and responsibilities for the temporary storage of goods 1. Goods in temporary storage shall be stored only in temporary storage facilities in accordance with Article 125e or, where justified, in other places designated or approved by the customs authorities. 2. Without prejudice to Article 120(2), goods in temporary storage shall be subject only to such forms of handling as are designed to ensure their preservation in an unaltered state without modifying their appearance or technical characteristics. 3. The person presenting the goods in accordance with Article 124(1) and (2) shall be responsible for the following: (a) ensuring that goods in temporary storage are not removed from customs supervision; (b) fulfilling the obligations arising from the storage of goods in temporary storage. The holder of the authorisation referred to in Article 125e shall be responsible in accordance with paragraph 1 for goods stored in its temporary storage facilities. 4. Where, for any reason, goods cannot be maintained in temporary storage, the customs authorities shall without delay take all measures necessary to regularise the situation of the goods in accordance with Articles 167, 168 and 169.
Amendment 134 #
2012/0027(COD)
Proposal for a regulation
Article 125 e (new)
Article 125 e (new)
Amendment 135 #
2012/0027(COD)
Proposal for a regulation
Title 4 - Chapter 2 - Section 3 - title
Title 4 - Chapter 2 - Section 3 - title
Formalities after presentation Temporary storage of goods
Amendment 136 #
2012/0027(COD)
Proposal for a regulation
Article 126 - title
Article 126 - title
Obligation to place non-Union goodsgoods in temporary storage under a customs procedure
Amendment 137 #
2012/0027(COD)
Proposal for a regulation
Article 126 - paragraph 1
Article 126 - paragraph 1
1. Without prejudice to Articles 167,168 and 169 non-Union goods presented to customs shall be placed under a customs procedureNon-Union goods in temporary storage shall be placed under a customs procedure or re-exported within a specific time-limit.
Amendment 138 #
2012/0027(COD)
Proposal for a regulation
Article 126 - paragraph 2
Article 126 - paragraph 2
2. Except aswhere otherwise provided, the declarant shall be free to choose the customs procedure under which he wishes to place the goods, under the conditions for that procedure, irrespective of their nature or quantity, or their country of origin, consignment or destination.
Amendment 139 #
2012/0027(COD)
Proposal for a regulation
Article 129 - point ca (new)
Article 129 - point ca (new)
ca. the specific time-limit for re- exportation as referred to Article 126(1).
Amendment 140 #
2012/0027(COD)
Proposal for a regulation
Article 134 - paragraph 1
Article 134 - paragraph 1
1. All goods intended to be placed under a customs procedure, except for the free zone and the temporary storage procedures, shall be covered by a customs declaration appropriate for the particular procedure.
Amendment 142 #
2012/0027(COD)
Proposal for a regulation
Article 138 - paragraph 1
Article 138 - paragraph 1
1. The customs authorities may authorise a personn authorized economic operator authorised under points (a) and (b) of Article 21(2) to lodge, at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office. In such cases, the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged. Or. en Justification
Amendment 168 #
2012/0027(COD)
Proposal for a regulation
Article 180 - point b
Article 180 - point b
(b) storage, which shall comprise temporary storage, customs warehousing and free zones;
Amendment 169 #
2012/0027(COD)
Proposal for a regulation
Article 181 - paragraph 1 - point b
Article 181 - paragraph 1 - point b
(b) the operation of storage facilities for the temporary storage or customs warehousing of goods, except where the storage facility operator is the customs authority itself.
Amendment 179 #
2012/0027(COD)
Proposal for a regulation
Article 199 - paragraph 3
Article 199 - paragraph 3
3. The customs authorities may, where an economic need exists and customs supervision will not be adversely affected, authorise the storage of Union goods in a storage facility for temporary storage or customs warehousing. Those goods shall not be regarded as being under the temporary storage or customs warehousing procedure.
Amendment 181 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 1 - point a
Article 200 - paragraph 1 - point a
(a) ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision;
Amendment 182 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 1 - point b
Article 200 - paragraph 1 - point b
(b) fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures;
Amendment 183 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 1 - point c
Article 200 - paragraph 1 - point c
(c) complying with the particular conditions specified in the authorisation for the operation of a customs warehouse or temporary storage facilities.
Amendment 184 #
2012/0027(COD)
Proposal for a regulation
Article 200 - paragraph 3
Article 200 - paragraph 3
3. The holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the temporary storage or customs warehousing procedures.
Amendment 188 #
2012/0027(COD)
Proposal for a regulation
Article 218 - paragraph 5
Article 218 - paragraph 5
5. Waste and scrap resulting from destruction of goods placed under the end- use procedure shall be deemed to be placed under thein temporary storage procedure.
Amendment 196 #
2012/0027(COD)
Proposal for a regulation
Article 235 - paragraph 3 - point c
Article 235 - paragraph 3 - point c
(c) goods under thein temporary storage procedure which are directly re-exported from a temporary storage facility.
Amendment 103 #
2012/0011(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given explicitly by any appropriate method enabling a freely given, specific and informed indication of the data subject's wishes,. Consent can be given either by a statement or by a clear affirmative action by the data subject, ensuring that individuals are aware that they give their consent to the processing of personal data, including by ticking a box when visiting an Internet website or by any other statement or conduct such as selecting default settings, which clearly indicates in thise specific context the data subject's acceptance of the proposed processing of their personal datagreement. Silence or inactivity should therefore not constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. If the data subject's consent is to be given following an electronic request, the requestAny request to give consent electronically must be clear, concise and not unnecessarily disruptive or burdensome to the data subject and to the use of the service for which it is provided, and should facilitate clear choice.
Amendment 112 #
2012/0011(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order for processing to be lawful, personal data shouldmust be processed on the basis of the consent of the person concerned or some otherone of the legitimate basis,es laid down by law, either in this Regulation or in other Union or Member State law as referred to in this Regulation.
Amendment 114 #
2012/0011(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
Amendment 121 #
2012/0011(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particular where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
Amendment 130 #
2012/0011(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61 a) This Regulation encourages enterprises to develop internal programmes that will identify the processing operations likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, and to put in place appropriate privacy safeguards and develop innovative privacy-by-design solutions and privacy enhancing techniques. Enterprises that can publicly demonstrate that they have embedded privacy accountability do not also require the application of the additional oversight mechanisms of prior consultation and prior authorisation.
Amendment 136 #
2012/0011(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) A personal data breach may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud, to the individual concerned. Therefore, as soon as the controller becomes aware that such a breach has occurred, the controller should notify the breach to the supervisory authority without undue delay and, where feasible, within 24 hours. Where this cannot achieved within 24 hours, an explanation of the reasons for the delay should accompany the notification. The individuals whose personal data could be adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions. A breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in, for example, identity theft or fraud, physical harm, significant humiliation or damage to reputation. The notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects. Notifications to data subjects should be made as soon as reasonably feasible, and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities (e.g. law enforcement authorities). For example, the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay.
Amendment 139 #
2012/0011(COD)
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70 a) Directive 2002/58/EC (as amended by Directive 2009/136/EC) sets out personal data breach notification obligations for the processing of personal data in connection with the provision of publicly available electronic communications services in public communications networks in the Union. Where providers of publicly available electronic communications services also provide other services, they continue to be subject to the breach notification obligations of the ePrivacy Directive, not this Regulation. Such providers should be subject to a single personal data breach notification regime for both personal data processed in connection with the provision of a publicly available electronic communications service and for any other personal data for which they are a controller.
Amendment 173 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Article 4 – paragraph 1 – point 8
(8) ‘'the data subject's consent’' means any freely given specific, and informed and explicit indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;
Amendment 200 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (e) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
Amendment 203 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. ThWhere controller shall bear the burden of proof for the data subject's consent to the processing of their personal data for specified purposessent is required, the form of consent captured for the processing of a data subject's personal data shall be proportionate to the type of data processed, the purpose for the processing and any identified risks, as determined through a data protection impact assessment.
Amendment 204 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 208 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. For the processing of special categories of personal data described in Article 9, consent shall be captured by a freely given, informed and explicit statement or other clear and affirmative action, by which the data subject signifies their agreement.
Amendment 209 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3 b. Consents captured before the coming into effect of this Regulation shall remain valid after such coming into effect.
Amendment 355 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 24 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hoursnotify the personal data breach to the supervisory authority.
Amendment 410 #
2012/0011(COD)
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
1. Each natural or legal person, including each data controller and data processor, shall have the right to a judicial remedy against decisions of a supervisory authority concerning or affecting them.
Amendment 457 #
2012/0011(COD)
Proposal for a regulation
Article 89 – paragraph 1 a (new)
Article 89 – paragraph 1 a (new)
1 a. In relation to natural or legal persons who are under obligations to report personal data breaches under Directive 2002/58/EC as amended by Directive 2009/136/EC in relation to the processing of personal data in connection with the provision of publicly available electronic communications services, this Regulation shall not impose additional obligations in relation to the process of notifying a personal data breach to the supervisory authority and in relation to the process of communicating a personal data breach to the data subjects. Such a natural or legal person shall notify personal data breaches affecting all personal data for which it is a controller in accordance with the personal data breach notification process set out in Directive 2002/58/EC as amended by Directive 2009/136/EC.
Amendment 458 #
2012/0011(COD)
Proposal for a regulation
Article 89 – paragraph 2
Article 89 – paragraph 2
2. Article 1(2), Article 2(c) and Article 9 of Directive 2002/58/EC shall be deleted.
Amendment 35 #
2011/2272(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to put into effect Article 174 of the Treaty on the Functioning of the European Union, particularly as regards island and mountain regions, whose vulnerable consumers have a more difficult access to broadband, work places, health and educational system as citizens living in big urban areas;
Amendment 102 #
2011/2272(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. DeplorRecognises that advertising for food with high fat, salt and sugar content is aimed at children and young people, who increasingly suffer the consequences of sedentariness and obesityshould be restricted; recognises and encourages industry initiatives to do so, such as the "EU Pledge"; calls on the actors involved to educate and inform minors about the importance of a balanced diet and of an active and healthy lifestyle;
Amendment 7 #
2011/2182(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to carry into effect Article 174 of the Treaty on the Functioning of the European Union, particularly as regards island and mountain regions, whose inhabitants do not have the same access to health, work and education as citizens living in big towns and cities; urges the Commission to make greater efforts to ensure broadband is introduced in island and mountain regions and to implement all the policies required, in terms of access to rights, to avert the depopulation of these regions;
Amendment 7 #
2011/2150(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Taking into account the fact that the lack of information to passengers is a major obstacle to the effective application of Regulation 261/2004, it stresses the fact that it is necessary to ensure that passengers receive timely and accurate information in order to assess whether their rights have been properly respected and to know where to turn to in case of dissatisfaction. Information on rights and procedures for receiving help in cases of long delays or cancellations and for requesting compensation should be clearly stated in a comprehensive and consumer-friendly manner at the time of booking, check-in and boarding, as well as printed on tickets. Efforts to publicize passengers' rights could be extended and shared with other actors in the chain by means of cooperation between national authorities, consumer organizations, NEBs, airports, air carriers, agents and tour operators;
Amendment 8 #
2011/2150(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Notes that the process of a possible revision of Regulation 261/2004 and Regulation 1107/2006 will take time to complete; therefore calls on the Commission to consider introducing complementary interim measures to improve the application and enforcement of these Regulations. These may include keeping updated and published on the EC's website the informative documents on air passengers' rights, as well as fostering discussions and collaboration between Member States, NEBs, consumer organizations and airlines in order to disseminate best practices and build agreement on the controversial parts of the legislation;
Amendment 11 #
2011/2150(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that the scope, definition and identification of what is covered by the term "extraordinary circumstance" must be clearly stated in any future amendment of Regulation 261/2004 in order to prevent airlines from making abusive claims of the circumstances that led to cancellations or delays. It further invites the Commission to reassess the unlimited liability of air carriers regarding the right to care under extraordinary circumstances beyond the carrier's control;
Amendment 16 #
2011/2150(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Considers that a clear definition must be given for the most recurring terms which serve to establish the carrier's liability and/or the appropriate rights for passengers. This includes the terms "flight", "re-routing", "connection", "diversion", "cancellation", "long delay", "schedule" and "final destination";
Amendment 20 #
2011/2150(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Emphasizes the widespread proliferation of unfair contract terms in air transport contracts and an increase in national case law prohibiting certain terms regularly used by airlines; thus urges the Commission to address this issue by black-listing specific unfair terms in the air transport sector. In particular it invites the Commission to include under the scope of Regulation 261/2004 the contractual issues related to the transferability of tickets, force majeure circumstances, the unilateral rescheduling of flights, the prohibition to use tickets separately unless based on very limited and objective "no show" criteria, mishandled/delayed/damaged luggage and the unreasonable restrictions on hand luggage;
Amendment 22 #
2011/2150(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Notes that recent rulings of the European Court of Justice concerning passenger entitlement to compensation in the event of delays confirm the principle of equal treatment of cancelled flights and flights delayed for more than 3 hours; therefore urges the Commission to propose measures for the compensation of passengers whose flights have been delayed for more than 3 hours, without cancelling the right to be transferred to the next available flight;
Amendment 24 #
2011/2150(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Suggests that further research could be carried out to examine the opportunity and feasibility of establishing one single legislative instrument comprising all provisions and principles on consumer rights in civil aviation in order to reduce fragmentation and reconcile inconsistencies across the different areas of passenger rights;
Amendment 25 #
2011/2150(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes that existing commercial practices can make(such as check-in fees, priority boarding fees, card-payment fees, luggage fees, fees for complying with EU legislation or the blocking of double the amount of the price of the ticket from the passenger's bank account for a certain period of time) lead to substantive differences between the advertised and the final price thus making it difficult for consumers to understand or foresee all the components making up final air fares and therefore stresses the need to ensure price transparency, such asimilarly to the provisions on passenger transport services in the recently adopted Consumer Rights Directive;
Amendment 28 #
2011/2150(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Without prejudice to the freedom of airlines to freely set fares and rates, non- optional services which are an inseparable part from travelling by air, such as check-in or at least 1 item of checked luggage, should not be subject to additional fees;
Amendment 34 #
2011/2150(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the need to ensure consistency between the different legislations on air passenger rights and in particular between the legal protection for package travellers and the lack of similar protection for seat-only passengers, thus following travel market trends whereby consumers increasingly arrange their travel themselves and avoiding any discrimination against passengers based on type of ticket purchase or unfair competition between the different service providers (air carriers, travel agencies or tour operators); In particular, it urges the Commission to propose binding measures ensuring that passengers buying seat-only seats are equally effectively protected in case of airline insolvency, as package travellers are already;
Amendment 44 #
2011/2150(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to introduce binding measures for airlines and airports to harmonize their policies, especially with regards to booking procedures, procedures to ask for assistance and security control policies, and to provide better information on these issues from the time of booking until Passengers with Reduced Mobility (hereinafter referred as "PRMs"), and eventually Passengers with Special Needs, leave the airport at their destination point in order to guarantee equal travel opportunities and non-discrimination and to enable PRMs to know what to expect from the different airlines and at the different airports;
Amendment 45 #
2011/2150(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Highlights the fact that the training of air carrier and airport personnel plays a key role for guaranteeing the effective implementation of all parts of Regulation 1107/2006 and is the most cost-efficient means for ensuring non-discrimination; therefore stresses that adequate training of personnel at airports and on board the aircraft must be provided in close cooperation with representative organizations of persons with reduced mobility;
Amendment 46 #
2011/2150(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Considers that there is a prominent need to improve the accessibility of information to PRMs and/or disabled people and adapt the information provided to them in a form they can comprehend;
Amendment 47 #
2011/2150(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Emphasises the fact that there is a need to ensure that mobility equipment is not considered and/or treated as ordinary luggage, but as an indispensable tool for independence which is irreplaceable for the passenger; for this reason it underlines that mobility equipment should be handled with care by trained personnel according to strict and harmonized procedures for boarding and disembarking, allowing passengers to use this equipment as long as possible;
Amendment 48 #
2011/2150(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Believes that it is essential to ensure that people who need medical oxygen when travelling, obese passengers and passengers who are required to travel with an assistant are not required to pay additional charges or denied boarding unless on strictly safety grounds;
Amendment 50 #
2011/2150(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to propose measures for setting up harmonised and accessible complaint handling procedures and means of redress which will ensure the effective protection of the rights of passengers and will guarantee that they receive the compensation they are entitled to in a timely and efficient manner;
Amendment 55 #
2011/2150(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Notes that the deadlines by which carriers and National Enforcement Bodies respond to passengers are too long and they differ significantly from one carrier/NEB to another and for this reason invites the Commission to set fixed deadlines for responding to passengers' complaints, similarly to other Regulations on passengers' rights;
Amendment 58 #
2011/2150(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Underlines that air carriers must ensure the presence of at least one representative and/or complaint desk at each airport that they operate from to provide immediate assistance to passengers who have experienced a disruption of their flight(s) or whose rights have been violated;
Amendment 8 #
2011/2094(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the complexity of the food supply chain and the lack of transparency in food pricing; believes that an improved analysis of costs, origin, processes, added value, volumes, prices and margins across all sections of the food supply chain, in line with competition law and commercial confidentiality, will improve price transparency and choice for consumers;
Amendment 16 #
2011/2094(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes the increase in energy prices and the negative impact this has on consumers, especially the elderly and vulnerable, the unemployed, the under-employed and vulnerable people in general;
Amendment 25 #
2011/2094(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 236 #
2011/2084(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that betting on, in particular, minor-sports both minor-sports competitions and more major competitions may represent a risk to the integrity of sport; is therefore of the view that sport fraud and betting fraud should be more severely penalised throughout Europe;
Amendment 256 #
2011/2084(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is aware of the importance of the contribution from gambling revenue towards the funding of sport in the Member States; takes the view that such revenue should be allocated first and foremost to less wealthy sports federations, to non- professional sports and to measures to promote sport in schools and provide support for disabled persons; states that further development of the Internet gambling market should therefore not lead to a reducbe accompanied by a better distribution inof sports funding;
Amendment 268 #
2011/2084(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points to the need for pragmatic solutions with regard to advertising for, and sponsoring of, sports events by Internet gambling providers; is of the opinion that common advertising standards should be adopted which sufficiently protect vulnerable consumers, but at the same time make sp and that a ban on sorship of international events possible, and that advertising bans are in any case ineffectiveme forms of advertising could be a solution;
Amendment 1 #
2011/2083(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/935, __________________ 5 OJ L 218, 13.08.2008, p. 30.
Amendment 2 #
2011/2083(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the Report from the Commission entitled 'Midterm evaluation of the Customs 2013 programme' (COM(2011)0537 final),
Amendment 5 #
2011/2083(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas customs, being conveniently located at the border, can efficiently contribute to ensuring that only safe goods enter the EU;
Amendment 6 #
2011/2083(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas customs still play an important role in safeguarding EU's financial interests even though the role of collection of the customs duties has been declining over the past years;
Amendment 7 #
2011/2083(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas latest air cargo security incidents prove that the focus on security is appropriate and customs administrations have to remain vigilant to the terrorism threats;
Amendment 8 #
2011/2083(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas the importation into the EU of counterfeit and pirated goods leads to a loss in revenue and violates intellectual property rights; whereas counterfeit products can pose serious risks to the safety and health of the European consumers;
Amendment 21 #
2011/2083(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that as customs are entrusted with more and more responsibilities the Member States should match these with adequate resources;
Amendment 22 #
2011/2083(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Is concerned that different national interpretations of the EU customs legislation create red tape for business with a consequential negative impact on the European competitiveness and weakens the EU’s ability to administer an efficient risk based approach to compliance; therefore calls on the Member States to fully commit to the process of modernisation of customs and especially to the uniform application of EU customs legislation; moreover insists that the Commission without delay takes all necessary actions to ensure a seamless and harmonised application of the EU customs legislation throughout the EU.
Amendment 24 #
2011/2083(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Calls on the Commission to provide by June 2012 a report to the European Parliament on the current status of compliance by the Member States with the EU customs legislation including an action plan to address any shortcomings identified; considers that the industry should be consulted by the Commission when performing this task;
Amendment 49 #
2011/2083(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises that the postponement of the application of the MCC is appropriate; suggests, however, and considers that 2016 could be a suitable new deadline; moreover suggests that the Commission explore possibilities of introducing gradual application of certain provisions of the MCC as soon as feasible;
Amendment 54 #
2011/2083(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to fully commit themselves to this concept, as only truly harmonised customs rules, information exchange systems and data formats can ensure the successful implementation of the centralised clearance concept; is concerned aboutregrets the slow developments in the process of simplification of VAT and excise rules, which is crucial for a truly centralised clearance system;
Amendment 61 #
2011/2083(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to consider additional benefits that could be granted to traders holding AEO certificates, e.g. relief for AEO’s from lodging of a security of customs debt as a rule and facilitation in payment of customs duties and VAT;
Amendment 66 #
Amendment 71 #
2011/2083(INI)
Motion for a resolution
Paragraph 16 e (new)
Paragraph 16 e (new)
16e. Calls for the maintaining of procedural simplifications relating to oral customs declarations for consignments worth fewer than a specific threshold, as cancellation of the existing exemption would lead to additional burdens for businesses as well as customs authorities;
Amendment 73 #
2011/2083(INI)
Motion for a resolution
Paragraph 16 g (new)
Paragraph 16 g (new)
16g. Calls for the maintaining of the existing provisions concerning the sale for export and the inclusion of certain royalties and license fees in the customs value, as considers that unwarranted changes to these provisions will result in a higher customs value, which subsequently will result in a higher tax burden;
Amendment 82 #
2011/2083(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Encouragexpects strong cooperation between customs administrations and market surveillance authorities to intercept unsafe and/or non-compliant products at the border prior to their release for free circulation throughout the EU;
Amendment 89 #
2011/2083(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. WelcomNotes the recent Commission proposal for a draft regulation concerning customs enforcement of intellectual property rights, as itnd firmly believes that customs can effectively contribute to the protection of intellectual property rights;
Amendment 93 #
2011/2083(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that engagement between customs and business is of the utmost importance and should be based on the principles of transparency, consistency, coherence and predictability and considers that both parties should acknowledge and respect the needs, realities and expectations of the other and combine their knowledge, expertise in their respective fields and wide-ranging talents in order to achieve optimal performance and outcomes;
Amendment 94 #
2011/2083(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Considers that all Member States should have formal mechanisms in place for transparent dialogue between customs and the private sector; calls on customs and the private sector to identify best practices for cooperation and promote those as well as encourages both parties to undertake assessment of the cooperation and develop necessary evaluation tools in order to identify problems and offer possible solutions;
Amendment 97 #
2011/2083(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Suggests that the trade sector in the EU establish a true organisation, where SMEs be appropriately represented, that could speak with one voice, express common views and produce common positions;
Amendment 101 #
2011/2083(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Is of the opinion that skills, knowledge and experience of the customs professionals should be in constant development and improvement as these are prerequisite for high quality customs procedures; supports the Member States and the Commission in their work in promoting regular training of customs officials;
Amendment 102 #
2011/2083(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Emphasises that research is of particular importance when considering legislative initiatives; welcomes and strongly supports the work carried out by universities and research centres across the EU contributing to academic development of customs officials; encourages the Member States to ensure that relevant academic programmes are available to promote the excellence of the customs profession;
Amendment 109 #
2011/2083(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Believes that the follow-up to the Customs 2013 programme should in particular support a uniform implementation of the EU customs legislation as well as support a balanced approach to contributing to European competitiveness while at the same time guaranteeing safety and security.
Amendment 147 #
2011/2048(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that the constraints imposed on contracting entities are no longer justified in sectors where there are no more special or exclusive rights, which are fully open to competition and to which access is no longer restricted; urges the Commission to review the scope of the Utilities Directive and adapt it to the changing patterns of regulation and competition in the relevant markets;
Amendment 10 #
2011/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the data protection dimension of the internal market to be enhanced through uniformisfull harmonization of Member States' legislation and increased legal certainty, with excessive restrictions and further organisational costs being avoided, and administrative burdens reduced, especially for SMEs;
Amendment 24 #
2011/2025(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the need for a coherent application of data protection rules, taking into account the impact of new technologies on individuals' rights, the transparency of procedures, while ensuring free circulation of personal data to facilitate the smooth functioning of the internal market;
Amendment 39 #
2011/2025(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need for awareness-raising activities on data protection to ensure that the rules on consent are implemented in a uniform way, especially in the online environment; emphasises the need to communicate clearly to data subjects level of adequacy of data protection in third countries;
Amendment 46 #
2011/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a revision and simplification of the current personal data breachprocessing notification system with a view to making data processing by all data controllers less cumbersome and expensive; emphasises the importance of an uniform system for notification of violations.
Amendment 57 #
2011/2025(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to examine the modalities for access, rectification and deletion of data, as well as recourse to Alternative Dispute Resolution in the internal market; especially in the online environment; and, stresses the need for a proper infringement policy;
Amendment 66 #
2011/2025(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the development of an EU certification scheme in the field of privacy and data protection. It should be structured in a way that avoids unduly burdening companies – and particularly SMEs – with costly and bureaucratic obligations which could discourage participation. The scheme should be neutral to technology, capable of being recognised globally and affordable so as not to create barriers to entry;
Amendment 70 #
2011/2025(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for a codification of Privacy by design that should not take the form of design mandates or technology preferences. Calls on the Commission to encourage technology providers to integrate core privacy principles, including data minimisation, transparency and user control, into the development and deployment of technologies;
Amendment 5 #
2011/2010(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that, should the full implementation of Solvency II and the new supervisory system fail to provide adequate protection for consumers, the adoption of a common Insurance Guarantee Scheme (IGS) at EU level and the adjustment of the diverse IGS regimes existing in Member States would effectively improve citizens’ confidence, protect consumers’ and taxpayers’ rights and enhance market stability, in the insurance sector in particular and in internal market and financial services in general; therefore welcomes the Commission’s initiative to establish an IGS at European level;
Amendment 16 #
2011/2010(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Argues that in order to ensure comprehensive protection for policyholders and beneficiaries, the IGS should not be thebe a last- resort mechanism, and urges the Commission to retain and take into account other existing protection mechanisms;
Amendment 21 #
2011/2010(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that future IGSs should be based on the home Member State principle and provide a high degree and equal level of consumer protection for all natural persons – whether policyholders or other beneficiaries – covered by all types oflife insurance contract (life and non-life), especiallys in the event of insurer bankruptcy, insurer or intermediary mis- selling, or fraud;
Amendment 28 #
2011/2010(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Believes that the IGSs should give policyholders an opportunity to choose between financial compensation and transfer of their life insurance contract; considers that EU law on IGSs should ensure swift maximum compensation or a portfolio transfer whereby the policyholder would not suffer any loss of rights and privileges emanating from the policy;
Amendment 145 #
2011/0439(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) It is appropriate to exclude procurement made for postal services and other services than postal services as that sector has consistently been found to be subject to such competitive pressure that the procurement discipline brought about by the EU procurement rules is no longer needed.
Amendment 187 #
2011/0439(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Contracting entities that wish to purchase works, supplies or services with specific environmental, social or other characteristics should be able to refer to particular social and environmental labels, such as the European Eco-label, (multi-) national eco-labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that those requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, trade unions, distributors and environmental organisations can participate, and that the label is accessible and available to all interested parties.
Amendment 191 #
2011/0439(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Given that contracting entities, which are not contracting authorities, might not have access to indisputable proof on the matter, it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in Directive [2004/18] to such contracting entities. The obligation to apply Article 55(1) and (2) of Directive [2004/18] should therefore be limited to contracting entities that are contracting authorities. Furthermore, contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 208 #
2011/0439(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life-cycle of a product or service, provided that they are linked to the subject-matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may conly concern the protection of health of the staff involved in the production process orcern the working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XIV, whatever the most favourable for workers. These provisions include: those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); occupational safety and health; working time; wages; and social security. Those characteristics may also concern the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environmentworking conditions. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party.
Amendment 212 #
2011/0439(COD)
Proposal for a directive
Recital 50
Recital 50
(50) Contract performance conditions are compatible with this Directive provided that they are not directly or indirectly discriminatory, are linked to the subject- matter of the contract and are indicated in the notice used to make the call for competition, or in the procurement documents. They may, in particular, be intended to favour on-site vocational training, the employment of people experiencing particular difficulty in achieving integration, the fight against unemployment, protection of the environment or animal welfare. For example, mention may be made of the requirements applicable during the performance of the contract to recruit long- term job-seekers or to implement training measures for the unemployed or for young persons, to comply in substance with fundamental Interthe working conditions along the supply chain as stated in national Llabour Organisation (ILO) Conventions, even where such Conventions have not been implemented in national law, and to recruit more disadvantaged persons thalaws and regulations in which production processes take place and in international conventions as listed in Annex XIV, whatever the most favourable for workers. These provisions include: those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in are required under national legislationspect of employment and occupation, child labour); occupational safety and health; working time; wages and social security.
Amendment 251 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point a
Article 2 – point 4 – point a
(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activitynd engages in economic activities by offering goods and services on the market does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 289 #
2011/0439(COD)
Proposal for a directive
Article 10
Article 10
Amendment 292 #
2011/0439(COD)
Proposal for a directive
Article 12 – point a
Article 12 – point a
(a) EUR 4600 000 for supply and service contracts as well as for design contests;
Amendment 293 #
2011/0439(COD)
Proposal for a directive
Article 12 – point b
Article 12 – point b
(b) EUR 5 07 500 000 for works contracts;
Amendment 296 #
2011/0439(COD)
Proposal for a directive
Article 12 – point c
Article 12 – point c
(c) EUR 1 0500 000 for contracts for social and other specific services listed in Annex XVII.
Amendment 299 #
2011/0439(COD)
Proposal for a directive
Article 13 – paragraph 9
Article 13 – paragraph 9
9. Contracting entities may award contracts for individual lots without applying the procedures provided for under this Directive, provided that the estimated value net of VAT of the lot concerned is less than EUR 8120 000 for supplies or services or EUR 1 million500 000 for works. However, the aggregate value of the lots thus awarded without applying this Directive shall not exceed 230 % of the aggregate value of all the lots into which the proposed work, the proposed acquisition of similar supplies or the proposed purchase of services has been divided.
Amendment 529 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point f a (new)
Article 44 – paragraph 1 – point f a (new)
(fa) for additional works or services which were not included in the project initially awarded or in the contract first concluded but have, through unforeseen circumstances, become necessary to the performance of the contract, on condition that the award is made to the contractor or service provider executing the original contract: (i) when such additional works or services cannot be technically or economically separated from the main contract without great inconvenience to the contracting entities, or (ii) when such additional works or services, although separable from the performance of the original contract, are strictly necessary to its later stages;
Amendment 536 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
Amendment 542 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 2
Article 45 – paragraph 2
Amendment 546 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 549 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 552 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 5
Article 45 – paragraph 5
Amendment 597 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 5
Article 54 – paragraph 1 – subparagraph 5
Where mandatory accessibility, environmental or social standards are adopted by a legislative act of the Union, technical specifications shall, as far as accessibility, environmental or social criteria are concerned, be defined by reference thereto.
Amendment 620 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point c
Article 55 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, trade unions, distributors and environmental organisations may participate,
Amendment 681 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIV.with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XIV, whatever the most favourable of workers. These obligations include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health (c) working time (d) wages (e) social security
Amendment 730 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a
Article 76 – paragraph 2 – subparagraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental, social characteristics and innovative character;
Amendment 798 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 3 – point d
Article 79 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provision, with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XIV or, where not applicable, with other provisions ensuring an equivalent level of protection; atever the most favourable of workers. These provisions include: (i) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (ii) occupational safety and health (iii) working time (iv) wages (v) social security
Amendment 803 #
2011/0439(COD)
Proposal for a directive
Article 79 – paragraph 4 – subparagraph 3
Article 79 – paragraph 4 – subparagraph 3
Contracting entities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIV.with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XIV, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health (c) working time (d) wages (e) social security
Amendment 871 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and where it is below 515 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 911 #
2011/0439(COD)
Proposal for a directive
Article 86 – paragraph 2 a (new)
Article 86 – paragraph 2 a (new)
2a. Member States shall ensure that contracting authorities are fully solvent in their dealings with economic operators and that these authorities establish in advance a suitable guarantee instrument to secure the operator’s credit.
Amendment 994 #
2011/0439(COD)
Proposal for a directive
Annex 14 – indent 8 a (new)
Annex 14 – indent 8 a (new)
- Convention 155 on Occupational Safety and Health
Amendment 995 #
2011/0439(COD)
Proposal for a directive
Annex 14 – indent 8 b (new)
Annex 14 – indent 8 b (new)
- Convention 1 on Hours of Work (Industry)
Amendment 996 #
2011/0439(COD)
Proposal for a directive
Annex 14 – indent 8 c (new)
Annex 14 – indent 8 c (new)
- Convention 131 on Minimum Wage Fixing
Amendment 997 #
2011/0439(COD)
Proposal for a directive
Annex 14 – indent 8 d (new)
Annex 14 – indent 8 d (new)
- Convention 102 on Social Security (Minimum Standard)
Amendment 249 #
2011/0438(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Contracting authorities that wish to purchase works, supplies or services with specific environmental, social or other characteristics should be able to refer to particular social and environmental labels, such as the European Eco-label, (multi-) national eco-labels or any other label provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of the product and its presentation, including packaging requirements. It is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government bodies, consumers, manufacturers, trade unions, distributors and environmental organisations, can participate, and that the label is accessible and available to all interested parties.
Amendment 258 #
2011/0438(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 288 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question. Those characteristics may only concern the protection of health of the staff involved in the production process orconcern working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable for workers. These provisions include those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); occupational safety and health; working time; wages and social security. Those characteristics may also concern the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environmentworking conditions. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
Amendment 348 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
(a) they are established for or have the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activitynd engages in economic activities by offering goods and services on the market does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 384 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) EUR 5 07 500 000 for public works contracts;
Amendment 387 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) EUR 13095 000 for public supply and service contracts awarded by central government authorities and design contests organised by such authorities; where public supply contracts are awarded by contracting authorities operating in the field of defence, that threshold shall apply only to contracts concerning products covered by Annex III;
Amendment 391 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) EUR 2300 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised by such authorities.
Amendment 403 #
2011/0438(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) EUR 7500 000 for public contracts for social and other specific services listed in Annex XVI.
Amendment 408 #
2011/0438(COD)
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
9. Contracting authorities may award contracts for individual lots without applying the procedures provided for under this Directive, provided that the estimated value net of VAT of the lot concerned is less than EUR 8120 000 for supplies or services or EUR 1 million500 000 for works. However, the aggregate value of the lots thus awarded without applying this Directive shall not exceed 230 % of the aggregate value of all the lots into which the proposed work, the proposed acquisition of similar supplies or the proposed purchase of services has been divided.
Amendment 417 #
2011/0438(COD)
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Specific exclusions in the field of postal services This Directive shall not apply to public contracts for the principal purpose of permitting the contracting authorities to provide postal services and other services than postal services. For the purposes of this Article: "postal services": means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; "other services than postal services": means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including "mailroom management services"); (ii) added-value services linked to and provided entirely by electronic means (including the secure transmission of coded documents by electronic means, address management services and transmission of registered electronic mail); (iii) services concerning postal items not included in point (a), such as direct mail bearing no address; (iv) financial services, as defined in the CPV under the reference numbers from 66100000-1 to 66720000-3 and in Article 19(c) and including in particular postal money orders and postal giro transfers; (v) philatelic services; (vi) logistics services (services combining physical delivery and/or warehousing with other non-postal functions).
Amendment 823 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Amendment 828 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 832 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 3
Article 31 – paragraph 3
Amendment 833 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 4
Article 31 – paragraph 4
Amendment 835 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 5
Article 31 – paragraph 5
Amendment 909 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 5
Article 40 – paragraph 1 – subparagraph 5
Where mandatory accessibility, environmental or social standards are adopted by a legislative act of the Union, technical specifications shall, as far as accessibility, environmental or social criteria are concerned, be defined by reference thereto.
Amendment 947 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, trades unions, distributors and environmental organisations, may participate,
Amendment 1035 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIwith the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health; (c) working time; (d) wages and (e) social security.
Amendment 1053 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 1 – point a
Article 55 – paragraph 3 – subparagraph 1 – point a
(a) where it is aware of any violation of obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in Annex XIwith the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health; (c) working time; (d) wages and (e) social security. Compliance with Union legislation or with international provisions also includes compliance in an equivalent manner.
Amendment 1114 #
2011/0438(COD)
Proposal for a directive
Article 61 – paragraph 2 a (new)
Article 61 – paragraph 2 a (new)
2a. Where contracting authorities require the production of certificates or corresponding evidence drawn up by independent bodies attesting that the economic operator complies with certain management schemes or standards concerning working conditions along the supply chain related to the International Labour Organization (ILO) Conventions listed in Annex XI, the contracting authorities shall refer to participation in multi-stakeholder initiatives in which businesses, trades unions and/or relevant nongovernmental organizations are represented. The multi-stakeholder initiatives shall have a system of independent verification of members to ensure compliance with the provisions of Annex XI.
Amendment 1170 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental, social characteristics and innovative character;
Amendment 1284 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 3 – point d
Article 69 – paragraph 3 – point d
(d) compliance, at least in an equivalent manner, with obligations established by Union legislation in the field of social and labour law or environmental law or of the international social and environmental law provision, with the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI or, where not applicable, with other provisions ensuring an equivalent level of protection; atever the most favourable of workers. These provisions include: (i) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (ii) occupational safety and health (iii) working time (iv) wages (v) social security
Amendment 1290 #
2011/0438(COD)
Proposal for a directive
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
Contracting authorentities shall reject the tender, where they have established that the tender is abnormally low because it does not comply with obligations established by Union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in Annex XIwith the obligations regarding working conditions along the supply chain as stated in national labour laws and regulations in which production processes take place and in international conventions as listed in Annex XI, whatever the most favourable of workers. These provisions include: (a) those defined by the eight ILO Core Conventions (freedom of association and collective bargaining, forced and compulsory labour, discrimination in respect of employment and occupation, child labour); (b) occupational safety and health; (c) working time; (d) wages; (e) social security.
Amendment 1369 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 4 and where it is below 15 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 1438 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2 a (new)
Article 76 – paragraph 2 a (new)
2a. Member States shall ensure that contracting authorities are fully solvent in their dealings with economic operators and that those authorities provide in advance for an appropriate means of securing an operator’s credit.
Amendment 1563 #
2011/0438(COD)
Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point a
Annex 8 – paragraph 1 – point 1 – point a
(a) in the case of public works contracts the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, so that it fulfils the use for which it is intended by the contracting authority; those characteristics include levels of environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions and, production processes and methods and working conditions at any stage of the life cycle of the works; those characteristics also include rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;
Amendment 1565 #
2011/0438(COD)
Proposal for a directive
Annex 8 – paragraph 1 – point 1 – point b
Annex 8 – paragraph 1 – point 1 – point b
(b) in the case of public supply or service contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods and working conditions at any stage of the life cycle of the supply or service and conformity assessment procedures;
Amendment 1569 #
2011/0438(COD)
Proposal for a directive
Annex 11 – indent 8 a (new)
Annex 11 – indent 8 a (new)
- Convention 155 on Occupational Safety and Health
Amendment 1570 #
2011/0438(COD)
Proposal for a directive
Annex 11 – indent 8 b (new)
Annex 11 – indent 8 b (new)
- Convention 1 on Hours of Work (Industry)
Amendment 1571 #
2011/0438(COD)
Proposal for a directive
Annex 11 – indent 8 c (new)
Annex 11 – indent 8 c (new)
- Convention 131 on Minimum Wage Fixing
Amendment 1572 #
2011/0438(COD)
Proposal for a directive
Annex 11 – indent 8 d (new)
Annex 11 – indent 8 d (new)
- Convention 102 on Social Security (Minimum Standard)
Amendment 1589 #
2011/0438(COD)
Proposal for a directive
Annex 16 - row 7 a (new)
Annex 16 - row 7 a (new)
From 79100000-5 to 79140000-7 / Legal services
Amendment 239 #
Amendment 392 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive does not apply to acts or contracts through which the State or a public authority or entity awards an economic operator establishing the right to exploit certain public domains or resources when either the State or public authority or entity establishes: a) general conditions for the exercise of an economic activity without becoming a beneficiary of the specific works or services provided by the economic operator, or b) terms and conditions to exploit certain public domains or resources, such as land lease contracts. To this end, it is immaterial that, in exploiting public land or domain, works may be carried out for the improvement or infrastructuring of such public land or domain, as long as the economic activity carried out by the operator maintains a prevailing nature on the execution of these works.
Amendment 468 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. In the case of public-domain concessions for the provision of services directly to consumers, the threshold shall be estimated on an annual basis.
Amendment 490 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof,concerning network infrastructure management related to activities set out in Annex III or to services concessions for activities set out in Annex III or which, as at the entry into force of this Directive, are the subject of a nationally regulated tariff laid down by law or regulation where such concessions are awarded to an economic operator on the basis of an exclusive right that economicwhich that operator enjoys pursuant to applicable and published national law, regulations, or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex IIIs.
Amendment 686 #
2011/0437(COD)
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
This clause is without prejudice to the provisions of Article 42.
Amendment 749 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
Article 26 – paragraph 5 – subparagraph 1 – point c a (new)
(ca) for concessions concerning public property assigned for the provision of services at the request of the economic operator to which the same contracting authorities or contracting entities awarded an original concession subject to the obligation set out in paragraph 1, where the loss of the concession would, de facto, entail cessation of business.
Amendment 924 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 7 – point b a (new)
Article 42 – paragraph 7 – point b a (new)
(ba) where the modification is limited to an extension of the duration of the concession necessary to allow the concessionaire to recoup further investments made in order to maintain or improve efficiency and performance of the activity as established in the scope of the concession. This kind of investments shall not be considered substantial modifications of a concession for the purposes of paragraph 2 above.
Amendment 926 #
2011/0437(COD)
Proposal for a directive
Article 43 – paragraph 1 a (new)
Article 43 – paragraph 1 a (new)
Member States shall further ensure that, when a concession expires, and the services carried out by the concessionaire must continue to be supplied, the following conditions are fulfilled: (a) in any case, the existing concessionaire shall be entitled to take part in the selection procedure for the award of the new concession; (b) in case the concession is awarded to a new concessionaire, all opportune measures are adopted in order to secure that the service continues without interruption during the period in which the existing concessionaire is replaced by the new one; (c) the new concessionaire, or the contracting authority, is obliged to indemnify the existing concessionaire for those investments that have not been recouped yet at the time of expiration of the concession. In appropriate cases, and provided that this is done through objective, transparent and foreseeable criteria, Member States may further establish that indemnification can also include reference to the goodwill that the existing concessionaire has developed during the exploitation of the concession and that will be inherited by the newcomer.
Amendment 953 #
2011/0437(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 5
Annex 3 – paragraph 1 – point 5
5. Activities relating to the exploitation of a geographical area for the purpose of the provision of airports and maritime or inland ports or other terminal facilities to carriers by air, sea or inland waterway. , or to operators of these terminal facilities to whom their use is granted upon their completion.
Amendment 353 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 f – paragraph 2
Article 4 f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessarysafety, security or, where appropriate, the need for knowledge of the Member State’s cultural and environmental heritage.
Amendment 384 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a a (new)
Article 1 – paragraph 1 – point 6 – point a a (new)
Directive 2005/36/EC
Article 5 – paragraph 2 – point 2 – point a a (new)
Article 5 – paragraph 2 – point 2 – point a a (new)
(aa) The second subparagraph of paragraph 2 is replaced by the following: The temporary and occasional nature of the provision of services shall be assessed case by case, in particular in relation to its duration, its frequency, its regularity and its continuity. The service provider may not provide temporary and occasional services in the host Member State which exceed in any given year one quarter of the median annual services provided by members of the profession established in the host State.
Amendment 402 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 4
Article 7 – paragraph 4 – subparagraph 4
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by professional experience or lifelong learning of the service provider or relates to service providers’ knowledge of the Member States’ cultural and environmental heritage, where that is of relevance, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the lacking knowledge or competence. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 597 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Directive 2005/36/EC
Article 53 – paragraph 2
Article 53 – paragraph 2
A Member State shall ensure that any controls of the knowledgehecking of a language areknowledge is carried out by a competent authority after the decisions referred to in Articles 4d, 7(4) and 51(3) have been taken and if there is a serious and concrete doubt about the professional'’s sufficient language knowledge in respect of the professional activities this person intends to pursue.
Amendment 157 #
2011/0373(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Member States should ensure that disputes covered by this Directive can bare submitted to an ADR entity fulfilling the requirements set out in this Directive. Member States should have the possibility to fulfil this obligation by relying on existing ADR entities and adjusting their scope of application, if needed, or by providing for the creation of new ADR entities. This Directive should not oblige Member States to create a specific ADR entity in each retail sector. Member States should have the possibility to provide for the creation of a residual ADR entity that deals with disputes for the resolution of which no specific entity is competent.
Amendment 178 #
2011/0373(COD)
Proposal for a directive
Recital 20
Recital 20
(20) ADR procedures should be free of charge or of moderate costs for consum, and in any case easily quantifiable for consumers or traders so that it remains economically reasonable for consumers to use such procedures.
Amendment 220 #
2011/0373(COD)
Proposal for a directive
Article 1
Article 1
This Directive is to contribute to the functioning of the internal market and to the achievement of a high level of consumer protection by ensuring that disputes between consumers and traders can b, before ending up in the ordinary courts, are submitted to entities offering impartial, transparent, effective and fair alternative dispute resolution procedures.
Amendment 253 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that disputes covered by this Directive can bare submitted to an ADR entity which complies with the requirements set out in this Directive.
Amendment 311 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) the ADR procedure is free of charge or at moderate costs for consumers, or in any case easily quantifiable in advance by the parties;
Amendment 44 #
2011/0357(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IV of this Directive, shall contain the elements specified in the Module A as set out in Annex III of this Directive and shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the electrical equipment is placed or made available.
Amendment 34 #
2011/0354(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Economic operators should be responsible for the compliance of lifts and safety components for lifts, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of public interests, such as health and safety, and the protection of consumers, including a high level of protection of vulnerable consumers, and to guarantee fair competition on the Union market.
Amendment 35 #
2011/0354(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The existing system should be supplemented by a procedure under which interested parties are informed of measures intended to be taken with regard to lifts or safety components for lifts presenting a risk to the health and safety of persons, including the safety of children, the elderly and persons with disabilities, or to other aspects of public interest protection. It should also allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an earlier stage in respect of such lifts and safety components for lifts.
Amendment 45 #
2011/0354(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take all appropriate measures to ensure that the lifts covered by this Directive may be placed on the market and put into service only if they do not endanger the health or safety of persons or, where appropriate, the safety of property, when properly installed and maintained and used for their intended purpose or for a purpose that can be reasonably foreseen within the scope of application of this Directive.
Amendment 46 #
2011/0354(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Where it does not make it impossible to install a lift in an existing building due to the limited space available, therefore damaging other vulnerable users such as children, elderly or persons with limited disabilities, a lift shall be made available on the market only if it is constructed in such way that it can be easily used and accessed by persons with disabilities.
Amendment 37 #
2011/0351(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The EU declaration of conformity shall have the model structure set out in Annex IV to this Directive and it shall be continuously updated. It shallmay be translated, upon request, into the language or languages required by the Member State in which market the apparatus is placed or made available.
Amendment 80 #
2011/0282(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure the sustainable development of rural areas, it is necessary to focus on a limited number of core priorities relating to knowledge transfer and innovation in agriculture, forestry and rural areas, the competitiveness of all types of agriculture and farm viability, food chain organisation, short supply chains and risk management in agriculture, restoring, preserving and enhancing ecosystems dependant on agriculture and forestry, resource efficiency and the shift towards a low carbon economy in the agricultural, food and forestry sectors, and promoting social inclusion, poverty reduction and the economic development of rural areas. In doing so account must be taken of the diversity of situations that affect rural areas with different characteristics or different categories of potential beneficiaries and the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation. Mitigation action should relate to both limiting emissions in agriculture and forestry from key activities such as livestock production, fertilizer use and to preserving the carbon sinks and enhancing carbon sequestration with regard to land use, land use change and the forestry sector. The Union priority for rural development relating to knowledge transfer and innovation in agriculture, forestry and rural areas should apply horizontally in relation to the other Union priorities for rural development.
Amendment 87 #
2011/0282(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure the immediate start and efficient implementation of rural development programmes, support from the EAFRD should be based on the existence of sound administrative framework conditions. Member States should therefore assess compliance with certain ex ante conditionalities. Each Member State should prepare either a national rural development programme for its entire territory or a set of regional programmes. Each programme should identify a strategy for meeting targets in relation to the Union priorities for rural development and a selection of measures. Programming should comply with Union priorities for rural development, while being adapted to national and regional contexts and complement the other Union policies, in particular the agricultural market policy, cohesion policy and the common fisheries policy. If a Member States which opts for a set of national and/or regional programme should be able to also prepare a ns, the National fFramework, without a separate budgetary allocation, in order to facilitate co-ordination among the regions in addressing nation-wide challeng should comprise common elements to ensure coherence and links between the national strategy and regional strategies.
Amendment 90 #
2011/0282(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Member States should be able to include in their rural development programmes thematic sub-programmes to address specific needs in areas of particular importance to them. Thematic sub- programmes should concern among others young farmers, women in agriculture, small farms, mountain areas and the creation of short supply chains. Thematic sub-programmes should also be used to provide for the possibility to address restructuring of agricultural sectors which have a strong impact on the development of rural areas. As a means to increase the efficient intervention of such thematic sub- programmes Member States should be allowed to provide for higher support rates for certain operations covered by them.
Amendment 114 #
2011/0282(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Union or national quality schemes for agricultural products and food provide consumers with assurances on the quality and characteristics of the product or the production process used as a result of the participation of farmers in such schemes, achieve added value for the products concerned and enhance their market opportunities. Farmers should therefore be encouraged to participate in these schemes. Given that it is at the moment of entering such schemes and in the early years of their participation that additional costs and obligations imposed on farmers as a result of their participation are not fully remunerated by the market, support should be limited to new participation and cover a period of no more than five years. Given the special characteristics of cotton as a farm product, quality schemes for cotton should also be covered. In order to ensure the efficient and effective use of EAFRD budgetary resources, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the Union quality schemes that may be covered by this measure.
Amendment 153 #
2011/0282(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should further encourage farmers and other land managers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken and should only cover commitments going beyond relevant mandatory standards and requirements, in accordance with the "polluter pays" principle. In many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers and other land managers are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period and have to spend a minimum of 25% of the total contribution from the EAFRD to each rural development programme for climate change mitigation and adaptation and land management, through the agri- environment-climate, organic farming and payments to areas facing natural or other specific constraints measures.
Amendment 181 #
2011/0282(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Farmers are exposed today to increasing economic and environmental risks as a consequence of climate change and increased price volatility. In this context, effective management of risks has an increased importance for farmers. For this reason a risk management measure should be set up to assist farmers in addressing the most common risks faced by them. This measure should therefore support farmers to cover the premiums they pay for crop, animal and plant insurance as well as the setting up of mutual funds and the compensation paid by such funds to farmers for losses suffered as a result of the outbreak of animal or plant diseases, adverse climatic events or environmental incidents. It should also cover an income stabilisation tool in the form of a mutual fund to support farmers facing a severe drop in their income. In order to ensure that there is equal treatment among farmers across the Union, that competition is not distorted and that the international obligations of the Union are respected, specific conditions should be provided for the granting of support under these measures. In order to ensure the efficient use of EAFRD budgetary resources the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining the minimum and maximum duration of commercial loans to mutual funds.
Amendment 237 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
(t) "short supply chain": a supply chain involving a limited number of economic operators, who have direct relations with consumers or are committed to co- operation, local economic development, and close geographical and social relations between producers and consumers;
Amendment 247 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) "young farmer": farmer who is less than 40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of the holding and/or who possesses adequate occupational skills and competence;
Amendment 257 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point x b (new)
Article 2 – paragraph 1 – point x b (new)
(xb) “agricultural service-providers”: agromechanical entrepreneurs who provide, and are qualified to provide, professional agricultural services in rural areas and who, for hire or reward, perform work relating to field crops, livestock farming or management of woodland and green areas belonging to public authorities, where the use of large and technically advanced equipment and machinery is required.
Amendment 258 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point x c (new)
Article 2 – paragraph 1 – point x c (new)
(xc) "agricultural services": performance by agricultural service-providers, for public and private procurers, of work in fields, such as that relating to field crops, livestock farming and the management of woodland and green areas.
Amendment 339 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point a
Article 5 – paragraph 1 – point 2 – point a
(a) facilitating restructuring of farms facing major structural problems, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversificationand modernisation of farms;
Amendment 385 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point b
Article 5 – paragraph 1 – point 3 – point b
(b) supporting farm risk management:the management of farm risk generated by economic, environmental and social factors.
Amendment 460 #
2011/0282(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. A Member State may submit either a single programme for its entire territory or a set of regional programmes, a set of regional programmes or a set of national and regional programmes. If a Member State opts for a set of national and regional programmes, each measure or type of operation shall be programmed at national or regional level.
Amendment 466 #
2011/0282(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States with regional programmes may also submit for approval a national framework containing common elements for these programmes without a separate budgetary allocation. If a Member State opts for a set of national and regional programmes, the national framework shall contain the common elements so as to ensure consistency and linkage between its national and regional strategies.
Amendment 475 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point a
Article 8 – paragraph 1 – subparagraph 1 – point a
(a) young farmers and women in agriculture;
Amendment 505 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point d a (new)
Article 8 – paragraph 1 – subparagraph 1 – point d a (new)
(da) the development and promotion of agricultural products, including organic products, bearing official quality labels.
Amendment 597 #
2011/0282(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 636 #
2011/0282(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Each rural development measure shall be programmed to contribute specifically to the achievement of one or more Union priorities for rural development. An indicative list of measures of particular relevance to the Union priorities is set out in Annex V.
Amendment 758 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Support under this measure shall cover new participation by farmers, also through producer group associations and agri-food companies, cover new participation by farmers or previous participation during the 2007-2013 programming period in:
Amendment 794 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
Support shall be granted as an annual incentive payment, the level of which shall be determined according to the level of the fixed costs arising from participation in supported schemes, for a maximum duration of five years. Payments shall be made annually on presentation of the necessary documentation. However, the producer shall make a single application covering a five-year period.
Amendment 798 #
2011/0282(COD)
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
For the purposes of this paragraph, 'fixed costs' means the costs incurred for entering a supported quality scheme and the annual contribution for participating in that scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the scheme. The costs of the checks incurred by producer group associations which have submitted an application for recognition of a quality label shall be admissible from the commencement of the transitional period, that is to say while the documents are being forwarded by the Member State to the Commission.
Amendment 835 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) concern infrastructure related to the development and adaptation of agriculture, including access to farm and forest land, land consolidation and improvement, energy supply and, water management and hydro storage to sustain farming and in particular crop systems; or
Amendment 848 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point d
Article 18 – paragraph 1 – point d
(d) are non productive investments linked to the achievement of agri- and forest- environment commitments, biodiversity conservation status of species and habitat as well as enhancing the public amenity value of a Natura 2000 area or other high nature value area to be defined in the programme.
Amendment 875 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Support under paragraph 1(a) shall be granted to agricultural holdings. In the case of investments to support farm restructuring, only farms not exceeding a certain size, to be defined by the Member States in the programme based on the SWOT analysis carried out in relation to the Union priority for rural development “enhancing competitiveness of all types of agriculture and enhancing farm viability”, shall be eligibleindividual or combined agricultural holdings and agricultural service providers.
Amendment 892 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Support under this measure shall be limited to the maximum support rates laid down in Annex I. These maximum rates may be increased for young farmers, women in agriculture, collective investments and integrated projects involving support under more than one measure, investments in areas facing significant natural constraints as referred to in Article 33(3) and operations supported in the framework of the EIP for agricultural productivity and sustainability in accordance with the support rates laid down in Annex I. However, the maximum combined support rate may not exceed 90%.
Amendment 894 #
2011/0282(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Paragraph 3 shall not apply to investments referred to in paragraph 1(c) and non- productive investments referred to in paragraph 1(d).
Amendment 911 #
2011/0282(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Support shall be granted to farmers or groups of farmers and undertakings engaged in the processing and/or marketing of products listed in Annex 1 of the Treaty. Support may also be granted to public entities where a link between the investment undertaken by such entities and agricultural production potential is established.
Amendment 922 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a – point i
Article 20 – paragraph 1 – point a – point i
(i) young farmers and women in agriculture;
Amendment 929 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a – point ii
Article 20 – paragraph 1 – point a – point ii
(ii) non-agricultural activities and provision of agricultural services in rural areas;
Amendment 938 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
(b) investments in non-agricultural activities and provision of agricultural services;
Amendment 962 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1
Article 20 – paragraph 2 – subparagraph 1
Support under paragraph 1(a)(i) shall be granted to young farmers and women in agriculture.
Amendment 979 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
Support under paragraph 1(a)(ii) shall be granted to farmers or members of the farm household diversifying into non- agricultural activities and to non- agricultural micro- and small- enterprises and the provision of agricultural services in rural areas.
Amendment 993 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 4
Article 20 – paragraph 2 – subparagraph 4
Support under paragraph 1(b) shall be granted to non- agricultural micro- and small- enterprises in rural areas and to farmers or members of the farm household and micro- and small- enterprises providing agricultural services.
Amendment 1012 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 2 a (new)
Article 20 – paragraph 4 – subparagraph 2 a (new)
Amendment 1062 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point e
Article 21 – paragraph 1 – point e
(e) investments by public and private bodies in recreational infrastructure, tourist information and sign-posting of touristic sites;
Amendment 1077 #
2011/0282(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Investments under paragraph 1 shall be eligible for support where the relevant operations are implemented in accordance with plans for the development of municipalities in rural areas and their basic services, where such plans exist and shall by are consistent with any local development strategy, where one exists.
Amendment 1120 #
2011/0282(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Support under Article 22(1)(a) shall be granted to private land-owners and tenants, to other land managers, and to municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of agricultural income foregone and maintenance, including early and late cleanings, for a maximum period of ten years.
Amendment 1142 #
2011/0282(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Support under Article 22(1)(b) shall be granted to private land public owners, tenants, other land managers and municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of threeseven years.
Amendment 1188 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 1
Article 25 – paragraph 2 – subparagraph 1
In the case of preventive actions concerning pests and diseases, the risk of a relevant disaster occurrence must be supported by scientific evidence and acknowledged by scientific public organisations. Where relevant, the list of species of organisms harmful to plants which may cause a disaster must be provided in the programme.
Amendment 1204 #
2011/0282(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Support under paragraph 1(d) shall be subject to the formal recognition by the competent public authorities of Member States that a natural disaster has occurred and that this disaster, or measures adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest has caused the destruction of at least 3015% of the relevant forest potential. This percentage shall be determined on the basis of either the average existing forest potential in the three-year period immediately preceding the disaster or on the average of the five-year period immediately preceding the disaster, excluding the highest and the lowest entry.
Amendment 1213 #
2011/0282(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Support under Article 22(1)(d) shall be granted to natural persons, private forest owners, private law, public and semi- public bodies, municipalities and their associations. In the case of state forests support may also be granted to bodies managing such forests, which are independent from the state budget.
Amendment 1228 #
2011/0282(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Support under Article 22(1)(e) shall be granted to private forest owners, municipalitieand public land-owners and tenants and to otheir associationland managers and to SMEs for investments enhancing forestry potential or relating to processing and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs.
Amendment 1296 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Agri-environment-climate payments shall be granted to farmers, groups of farmers or groups of farmers and other land-managers who undertake, on a voluntary basis, to carry out operations consisting ofwhich correspond to one or more agri- environment-climate commitments on agricultural land. Where duly justified to achieve environmental objectives, agri- environment-climate payments may be granted to other land- managers or groups of other land- managers.
Amendment 1301 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and other relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such mandatory requirements shall be identified in the programme.
Amendment 1313 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Member States shall endeavosure to providehat persons undertaking to carry out operations under this measure withhave the opportunity to acquire the knowledge and information required to implement them, including by setting up commitment-related expert advice and/or by making support under this measure conditional to relevant trainingsory services.
Amendment 1333 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 6
Article 29 – paragraph 6
6. Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20% of the premium paid for the agri- environment-climate commitments. Where commitments are undertaken by groups of farmers and/or by other land managers, the maximum level shall be 30%.
Amendment 1336 #
2011/0282(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. Where commitments under this measure include the implementation of greening measures in preparation for meeting other commitments under the measure, these greening measures may be compensated within the measure. In that case they may not receive support as 'non- productive investments' under Article 18(1)(d).
Amendment 1397 #
2011/0282(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1
Article 32 – paragraph 1 – subparagraph 1
Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of UAA in order to compensate farmers for additional costs and income foregone related to the constraints for agricultural production in the area concerned, and to avoid the risk of those areas being abandoned owing to their low profitability.
Amendment 1430 #
2011/0282(COD)
Proposal for a regulation
Article 33 – paragraph 2 – subparagraph 1 – introductory part
Article 33 – paragraph 2 – subparagraph 1 – introductory part
In order to be eligible for payments under Article 32, mountain areas shall be characterized by a considerable limitation of the possibilities for using the land as well as low profitability and by an appreciable increase in production costs due to:
Amendment 1519 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 2 – point f
Article 36 – paragraph 2 – point f
(f) joint action undertaken with a view to mitigating or adapting to climate change, such as measures relating to water management and storage to sustain farming and in particular agricultural systems;
Amendment 1570 #
2011/0282(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
(c) an income stabilisation tool, in the form of financial contributions toa mutual funds, to providinge compensation to farmers who experience a severe drop in their income.
Amendment 1648 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 4 – subparagraph 1
Article 40 – paragraph 4 – subparagraph 1
Amendment 1655 #
2011/0282(COD)
Proposal for a regulation
Article 40 – paragraph 4 – subparagraph 1 a (new)
Article 40 – paragraph 4 – subparagraph 1 a (new)
Support under Article 37(1)(c) may take the form of a financial contribution towards farmers’ payments into the mutual fund. Member States shall lay down rules governing farmers’ contributions to the fund.
Amendment 1678 #
2011/0282(COD)
Proposal for a regulation
Article 44 – paragraph 3 – subparagraph 1
Article 44 – paragraph 3 – subparagraph 1
Amendment 1686 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 1715 #
2011/0282(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. In the case of irrigation, onlynew investments that lead to a reduction of previous water use by at least 25% shall be considered as eligible expenditure. By way of derogation, in the Member States that adhered to the Union from 2004 onwards investments in new irrigation installations can, including measures to sustain farming and crop systems and/or to modernise existing systems for the improvement of water use efficiency, shall be considered as eligible expenditure in cases where an environmental analysis provides evidence that the investment concerned is sustainable and has no negative environmental impact.
Amendment 1729 #
2011/0282(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
For the purposes of this Regulation the Managing Authority"rural area" shall be define "rural area" at programmd at Member State level.
Amendment 1889 #
2011/0282(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. EIP operational groups shall form part of the EIP for agricultural productivity and sustainability. They shall be set up by interested actors such as farmers, collective entities, land and irrigation managers, researchers, advisors and businesses involved in the agriculture and food sector.
Amendment 1994 #
2011/0282(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
Amendment 2000 #
2011/0282(COD)
Proposal for a regulation
Article 67 – paragraph 4
Article 67 – paragraph 4
4. PExcept for forms of support under Article 57(1)(b), (c) and (d) of Regulation (EU) [CSF/2012], payments by beneficiaries shall be supported by invoices and documents proving payment. Where this cannot be done, payments shall be supported by documents of equivalent probative value, except for forms of support under Article 57(1)(b), (c) and (d) of Regulation (EU) [CSF/2012].
Amendment 440 #
2011/0281(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to assist farms whose activities are mostly seasonal, such as fruit and vegetables, or wine, for which more staff are employed at certain times of the year, and to facilitate employment for workers who are considered to be at risk of social exclusion, a system of work vouchers for the payment of casual labour should be introduced, along the lines of the system provided for under Italian legislation.
Amendment 510 #
2011/0281(COD)
Proposal for a regulation
Recital 85 a (new)
Recital 85 a (new)
(85a) Data collected by the Farm Accountancy Data Network should be taken into consideration when formulating studies and research with the aim of preventing crises in the various agricultural sectors, given that they reflect the performance of farms. These data should be a useful tool for crisis prevention and management.
Amendment 530 #
2011/0281(COD)
Proposal for a regulation
Recital 94 a (new)
Recital 94 a (new)
(94a) However, the implementation of international agreements should not depart from the principle of reciprocity, particularly with regard to tariffs, plant health and the environment, and it should be carried out so as to ensure strict compliance with the mechanisms for entry prices, specific additional duties and compensatory levies.
Amendment 655 #
2011/0281(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) common and durum wheat, barley and maize;
Amendment 721 #
2011/0281(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for common and durum wheat, barley, maize, paddy rice, sorghum and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;
Amendment 728 #
2011/0281(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common and durum wheat, barley, maize, sorghum and paddy rice. Moreover, taking into account the need to ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price.
Amendment 744 #
2011/0281(COD)
Proposal for a regulation
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Aid for private storage mayshall be granted in respect of the products referred to in Article 1(2) and the following products, subject to the conditions set out in this Section and to requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Article 17 to 19:
Amendment 817 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account average recorded Union market prices and, the reference prices forand production costs of the products concerned or the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States.
Amendment 835 #
2011/0281(COD)
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. To implement the measure for the products referred to in point (g) of Article 1(2), in relation to specific areas of production, the Commission may, by means of delegated acts: (a) link the granting of aid to respective gross margins; (b) limit the placing of the stored product on the market to the period of February to August, to prevent any overlapping with the start of the new marketing year; (c) incentivise the placing of the stored product on third-country markets, through measures – such as a targeted promotion campaign together with the supply of a 'service package' – designed to facilitate the placing of the product on the markets of 'developing countries'. The measure shall be limited to the first three months of storage.
Amendment 878 #
2011/0281(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point i
Article 19 – paragraph 1 – point i
(i) the conditions according to which it may be decided that products covered by private storage contracts may be re- marketed or disposed of, seeking to avoid re-marketing in certain periods in order to eliminate problems of supply surpluses;
Amendment 967 #
2011/0281(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c a (new)
Article 27 – paragraph 1 – point c a (new)
(ca) the dissemination of information on measures carried out by operators’ organisations and on traceability and certification systems to improve the quality of olive oil and table olives;
Amendment 978 #
2011/0281(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point a
Article 27 – paragraph 3 – subparagraph 1 – point a
(a) 7590 % for activities in the areas referred to in point (a) of paragraph 1;
Amendment 981 #
2011/0281(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point b
Article 27 – paragraph 3 – subparagraph 1 – point b
(b) 7590 % for fixed assets investments and 560 % for other activities in the area referred to in point (b) of paragraph 1;
Amendment 1037 #
2011/0281(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point f
Article 31 – paragraph 2 – subparagraph 1 – point f
f) support for the administrative costs of setting up and maintaining mutual funds.
Amendment 1070 #
2011/0281(COD)
Proposal for a regulation
Article 34 a (new)
Article 34 a (new)
Article 34a 1. Member States may establish a national fruit and vegetable network that unites the organisations, associations and authorities involved in implementing the national strategy. 2. The network shall be financed by a maximum levy of 0.5% of the Community share of the financing of the operational funds and its aim shall be: to manage the network, examine transferable good practices and gather the relevant information, organise conferences and seminars for those involved in managing the national strategy, conduct programmes to monitor and assess the national strategy and carry out other activities identified by the national strategy.
Amendment 1106 #
2011/0281(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point h a (new)
Article 40 – paragraph 1 – point h a (new)
(ha) use of concentrated grape must in accordance with Article 49(a);
Amendment 1107 #
2011/0281(COD)
Proposal for a regulation
Article 41 – paragraph 3 a (new)
Article 41 – paragraph 3 a (new)
3a. By way of derogation from paragraph 3, Member States may grant national aid in accordance with the relevant Community rules on State aid for the measures referred to in Articles 43, 47 and 48.
Amendment 1116 #
2011/0281(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Support under this Article shall cover information or promotion measures concerning Union wines in third countries and on the internal market, thereby improving their competitiveness in those countries.
Amendment 1123 #
2011/0281(COD)
Proposal for a regulation
Article 43 – paragraph 3 – point c
Article 43 – paragraph 3 – point c
(c) information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production; to that end it would be desirable for agreements to be concluded with major retail chains in third countries to ensure that the information given to consumers about these products in sales outlets is as clear as possible;
Amendment 1135 #
2011/0281(COD)
Proposal for a regulation
Article 45 – paragraph 2
Article 45 – paragraph 2
2. Support for green harvesting shall contribute to improving the quality of the grapes and restoring the balance of supply and demand in the Union wine market in order to prevent market crises.
Amendment 1139 #
2011/0281(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Support for the setting up and consolidation of mutual funds shall provide assistance to producers seeking to insure themselves against market fluctuations.
Amendment 1142 #
2011/0281(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Support for the setting up and consolidation of mutual funds may be granted in the form of temporary and degressive aid to cover the administrative costs of the funds.
Amendment 1160 #
2011/0281(COD)
Proposal for a regulation
Article 48 – paragraph 1 – introductory part
Article 48 – paragraph 1 – introductory part
1. Support may be granted for tangible or intangible investments, including the registration of collective marks, in processing facilities, winery infrastructure, distilleries and marketing of wine which improve the overall performance of the enterprise and concern one or more of the following:
Amendment 1193 #
2011/0281(COD)
Proposal for a regulation
Article 49 a (new)
Article 49 a (new)
Article 49a Use of concentrated grape must 1. Support may be granted to wine producers who use concentrated grape must, including rectified concentrated grape must, to increase the natural alcoholic strength of products, in accordance with the conditions laid down in Annex XVa. 2. The amount of the aid shall be fixed per % volume potential alcoholic strength and per hectolitre of the must used for enrichment. 3. The maximum applicable aid levels for this measure in the different wine growing zones shall be fixed by the Commission.
Amendment 1233 #
2011/0281(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
Amendment 1235 #
2011/0281(COD)
Proposal for a regulation
Article 57
Article 57
Amendment 1240 #
2011/0281(COD)
Proposal for a regulation
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
Fruit and vegetables that are intended to be sold to consumers as fresh products may be marketed only if they are of sound, fair and marketable quality and if the country of origin is indicated.
Amendment 1242 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relonly for a limited time and in exceptional cases, or in the evaent international standards and avoid creating obstacles to product innovationof market crises.
Amendment 1244 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The marketing standards referred to in paragraph 1 may cover one or more of the following requirements, determined on a sectoral or product basis, and based on the characteristics of each sector, on the need to regulate the placing on the market and on the conditions laid down in paragraph 3:
Amendment 1274 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point c
Article 59 – paragraph 3 – point c
(c) the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical levelby providing for the indication of the place of production;
Amendment 1283 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point e
Article 59 – paragraph 3 – point e
(e) the standard recommendations adopted by international bodies in Annex V.
Amendment 1284 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 – point e a (new)
Article 59 – paragraph 3 – point e a (new)
(ea) the possible risk of consumers being misled due to their expectations and habits, having regard to the availability and feasibility of informational means to exclude such risks;
Amendment 1285 #
2011/0281(COD)
Proposal for a regulation
Article 59 – paragraph 3 a (new)
Article 59 – paragraph 3 a (new)
3a. Place of farming, in accordance with paragraph 3(c), shall mean the place of cultivation or breeding, namely the country from which the non-processed agricultural product, or product used in the preparation or production of a food, originates.
Amendment 1296 #
2011/0281(COD)
Proposal for a regulation
Article 60 – paragraph 3
Article 60 – paragraph 3
Amendment 1299 #
2011/0281(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerancerough the ordinary procedure a tolerance may be adopted for each standard beyond which the entire batch of products shall be considered as not respecting that standard.
Amendment 1300 #
2011/0281(COD)
Proposal for a regulation
Article 61 – paragraph 1 a (new)
Article 61 – paragraph 1 a (new)
In exceptional cases, or in the event of market crises and for a limited period of time, the Commission may adopt, by means of delegated acts, a tolerance for each standard beyond which the entire batch of products shall be considered as not respecting that standard.
Amendment 1308 #
2011/0281(COD)
Proposal for a regulation
Article 62 – paragraph 3 – subparagraph 1
Article 62 – paragraph 3 – subparagraph 1
Amendment 1311 #
2011/0281(COD)
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4.
Amendment 1312 #
2011/0281(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
Taking into account the specificities in trade between the Union and certain third countries and the special character of some agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to defineensuring that consumers are not being misled due to their expectations and habits, the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and conditions allowing derogation from Article 58 and determinemay be defined, through the ordinary procedure, and the rules concerning the application of the marketing standards to products exported from the Union may be determined.
Amendment 1336 #
2011/0281(COD)
Proposal for a regulation
Article 70 – paragraph 2 – point d a (new)
Article 70 – paragraph 2 – point d a (new)
(da) include the name of the vine variety together with the geographical reference.
Amendment 1350 #
2011/0281(COD)
Proposal for a regulation
Article 71 – paragraph 2 – subparagraph 1 a (new)
Article 71 – paragraph 2 – subparagraph 1 a (new)
Amendment 1361 #
2011/0281(COD)
Proposal for a regulation
Article 80 – paragraph 3 a (new)
Article 80 – paragraph 3 a (new)
3a. Member States shall take the steps necessary to stop the unlawful use of protected designations of origin or protected geographical indications within the meaning of paragraph 2.
Amendment 1377 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 4 – point a
Article 86 – paragraph 4 – point a
Amendment 1391 #
2011/0281(COD)
Proposal for a regulation
Article 86 – paragraph 6 – point b
Article 86 – paragraph 6 – point b
Amendment 1414 #
2011/0281(COD)
Proposal for a regulation
Article 96 – paragraph 1 – point g a (new)
Article 96 – paragraph 1 – point g a (new)
(ga) an indication of the sugary substances used to increase the alcohol content of the wines.
Amendment 1415 #
2011/0281(COD)
Proposal for a regulation
Article 96 – paragraph 3 a (new)
Article 96 – paragraph 3 a (new)
3a. By way of derogation from point (ga) of paragraph 1, the indication may be omitted in the following cases: (a) for sparkling and semi-sparkling wines obtained from cuvées produced without the addition of any sugary substances; (b) for all grapevine products for which added sugary substances have been used, where the latter derive solely from grapes.
Amendment 1616 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point ii
Article 106 – paragraph 1 – point c – point ii
(ii) concentration of supply and the direct placing on the market of the products produced by its members;
Amendment 1645 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii a (new)
Article 106 – paragraph 1 – point c – point vii a (new)
(viia) taking action to improve quality, especially at the market placement stage;
Amendment 1650 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point c – point vii b (new)
Article 106 – paragraph 1 – point c – point vii b (new)
(viib) implementing policies designed to strengthen producer organisations and associations of producer organisations from an organisational, commercial and financial point of view.
Amendment 1656 #
2011/0281(COD)
Proposal for a regulation
Article 106 – paragraph 1 – point d
Article 106 – paragraph 1 – point d
Amendment 1828 #
2011/0281(COD)
Proposal for a regulation
Article 111 – paragraph 1
Article 111 – paragraph 1
Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of persons whose activities relate to the products concerned, the Member State which has granted recognition may decide that individuals or groups, in addition to processors and merchants, which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.
Amendment 2179 #
2011/0281(COD)
Proposal for a regulation
Annex I – Part IX – product line (new)
Annex I – Part IX – product line (new)
0714201 Sweet potatoes, fresh, whole, and intended for human consumption.
Amendment 2204 #
2011/0281(COD)
Proposal for a regulation
Annex VI – Part I – point I – paragraph 2 – point B – introductory part
Annex VI – Part I – point I – paragraph 2 – point B – introductory part
B) Category Z: bovine animals aged from 8 months to lessno more than 12 months
Amendment 133 #
2011/0280(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of laying down further definitions regarding the access to support under this Regulation, establishing the framework within which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in– the state suitable for production and the criteria to detat is, any area taken up by arable land, permanent grassland and pasture or permiane the predominance of grasses and other herbaceous forage as regards permanent grasslandnt crops – in the state suitable for production.
Amendment 179 #
2011/0280(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitably distributed between Member States, by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90 % of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally by all Member States with direct payments above the UnThe redistribution of direct payments should comply with the basic principles of Europa 2020, while highlighting the need to use Union resources for economic growth. To that end, direct payments should be redistributed on the basis of appropriate, objective and non-discriminatory criteria such as the value of agricultural production, averagedded value, labour and purchasing power. In addition, all payment entitlements activated in 201922 in a Member State or in a region should haveapproximate to or reach a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmeproductive sectors, Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distributionmay retain an element of differentiation in relation to direct support in order to take account of differecnt support across the European Union during that periodtypes of land use.
Amendment 233 #
2011/0280(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory "greening" component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practisces should take the form of simple, generalised, non- contractual and annual actions that go beyond cross- compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and pastures, of perennial crops associated with appropriate agronomic practices and of ecological focus areas. The compulsory nature of those practisces should also concern farmers whose holdings are fully or partly situated in "‘Natura 2000"’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practisces are compatible with the objectives of those Directives. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the "‘greening"’ component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. Non-respect of the "greening" compThe same should apply to farmers who sign up for agri-environmental programmes as an aspect of rural development or take part in a national certification scheme of recognised environmental value, or who comply with the environment should lead to penalties on the basis of Article 65 of Regulation (EU) No […] [HZR]al guidelines applicable to sustainable operational programmes under the Single CMO, or who adhere to agri-environmental schemes approved at national level.
Amendment 256 #
2011/0280(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure that the land under permanent grassland and permanent crops is maintained as such by the farmers, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure.
Amendment 270 #
2011/0280(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In order to promote the sustainable development of agriculture in areas with specific natural constraints and abandoned areas, Member States should be able to use part of their national ceilings for direct payments to grant an annual area-based paymentpayment based on new criteria such as gross marketable output, added value or the number of workers employed, on top of the basic payment, to all farmers operating in such areas. That payment should not replace the support given under rural development programs and should not be granted to farmers in areas which were designated in accordance with Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) but have not been designated in accordance with Article 46(1) of Regulation (EU) No […] of the European Parliament and of the Council of …. on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR].
Amendment 277 #
2011/0280(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 342 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point iv
Article 1 – paragraph 1 – point b – point iv
(iv) a payment for young farmers who commence their agricultural activity and for women in farming;
Amendment 550 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, whereMember States shall decide to grant direct payments to farmers in one of the following applicases:
Amendment 588 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the annual amount of direct payments is lessmore than 5 % of the total receiptsincome they obtained from non-agricultural activities in the most recent fiscal year; or
Amendment 610 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) their agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and they do not carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c).;
Amendment 621 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) they are identified in a national public register, on the basis of objective criteria, as are farmers;
Amendment 626 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b b (new)
Article 9 – paragraph 1 – point b b (new)
(bb) they devote a substantial amount of their working time to agricultural activities and earn a significant part of their income from such activities, in accordance with criteria established by the Member State.
Amendment 644 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shall not apply to farmers who received less than EUR 52 000 of direct payments for the previous year, to holdings in mountain areas affected by natural constraints or to holdings which restore abandoned areas.
Amendment 655 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
Entities such as transport companies, airports, real estate companies, companies managing sport grounds, motorway companies, campsites and mining companies shall not receive direct payments. After having notified the Commission, the Member States may decide to add other types of entity to those listed in paragraph 2a.
Amendment 776 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and deccost of labour (salaries, wages and vouchers), calcularted by the farmer in the previous year, including taxes and social on a flat-rate basis per labour unit used, also taking into accountributions related to employment work done by family members, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.
Amendment 835 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
Before 1 August 2013, Belgium, Denmark, France, Germany, Ireland, Italy, the Netherlands, Spain, Sweden and the United Kingdom may decide to increase by a maximum of 10 points the percentage of their annual ceilings referred to in the first subparagraph.
Amendment 852 #
2011/0280(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
(1a) Should Article 20 of this Regulation be applied, the Member States may make available to the regions the amount referred to in the first subparagraph, in accordance with objective and non-discriminatory criteria.
Amendment 897 #
2011/0280(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. By way of derogation from paragraph 2, Member States in which certain types of livestock farms are particularly important for economic and/or social reasons may retain their special entitlements until 31 December 2020.
Amendment 1263 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. FarmersMember States shall grant an annual payment for agricultural practices beneficial for the climate and the environment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1 shallwhen they observe on their eligible hectares as defined in Article 25(2) the following agricultural practises beneficial for the c, and in respect of which a greening applimcate and the environment: ion has been made, the following practices:
Amendment 1288 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have threewo different crops on their arable land where the arable land of the farmer covers more than 315 and up to 20 hectares, and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearthree different crops where the arable land of the farmer covers more than 50 hectares;
Amendment 1323 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) to maintain existing permanent grassland and pasture on their holding; and
Amendment 1330 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
(ba) to maintain existing permanent crops on their farms, together with specific agronomic practices; or
Amendment 1332 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b b (new)
Article 29 – paragraph 1 – point b b (new)
(bb) more than 70% of which is cultivated with crops under water for a significant part of the growing cycle, or a combination of these.
Amendment 1424 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
Article 29 – paragraph 4 – subparagraph 1
Farmers shall be entitled ipso facto to the payment referred to in this Chapter when they come within the following categories: – farmers complying with the requirements laid down in Article 29(1) of Regulation (EC) No° 834/2007 as regards organic farming shall be entitled ipso facto to the payment referred to in this Chapter, or – beneficiaries of agri-environment- climatic payments established pursuant to Article 39(2) of Regulation (EC) No 1698/2005 and/or Article 29 of Regulation (EU) No [...] [RDR]; – farmers who comply with the environmental guidelines applicable to sustainable operational programmes under the single CMO or with national agri-environmental guidelines.
Amendment 1452 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 2
Article 29 – paragraph 4 – subparagraph 2
The first subparagraph shall apply only to the units of a holding that are used for organic production in accordance with Article 11 of Regulation (EC) No 834/2007 or are covered by agri-environment- climate measures in accordance with Article 39(2) of Regulation (EC) No 1698/2005 and/or Article 29 of Regulation (EU) N° [...] [RDR] or by measures/actions provided for in the environmental guidelines applicable to sustainable operational programmes under the single CMO.
Amendment 1469 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 1493 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
Amendment 1508 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Where the arable land of the farmer covers more than 315 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the yearup to 50 hectares, cultivation on the arable land shall consist of at least two different crops. None of those crops shall cover less than 10 % of the arable land. Where the arable land of the farmer covers more than 50 hectares, cultivation on the arable land shall consist of at least three different crops. None of those threeThe main crops shall not cover lessmore than 570 % of the arable land and the two main one shall not exceed 70crops together shall not cover more than 95 % of the arable land.
Amendment 1557 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The first paragraph shall not apply to farms: – where the arable land is mainly used for grass production or other forage, mainly left fallow, mainly cultivated with crops under water for a significant part of the growing cycle, or a combination of these, or – where the arable land of the farmer covers up to 50 hectares and more than 80% of the eligible agricultural area of the holding is covered by permanent grassland and historical pastures, or by permanent crops.
Amendment 1574 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 b (new)
Article 30 – paragraph 1 b (new)
1b. For the purposes of this article, “crop” means a crop of one of the genera defined in the botanical classification of crops or a crop of one of the species in the Brassicaceae, Solonaceae and Cucurbitaceae families, as well as land left fallow. However, autumn/winter crops and spring/summer crops shall be deemed to differ from each other even where they are of the same genus.
Amendment 1585 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of 'crop' andin order to add other crops to those listed in paragraph 1b and to establish the rules concerning the application of the precise calculation of shares of different crops.
Amendment 1705 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. FWhere the agricultural area, excluding areas under permanent grassland, covers more than 15 hectares, farmers shall ensure that at least 73 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer stripland under permanent crops, terraces, landscape features such as hedges or stone walls, buffer strips, land cultivated with crops under water for a significant part of the growing cycle, land under soil-improving crops such as pulses and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 1908 #
2011/0280(COD)
Proposal for a regulation
Title 3 – chapter 4 – title
Title 3 – chapter 4 – title
Payments for young farmers and women in farming
Amendment 1935 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Member States shall grant an annual payment to young farmers and to women engaged in farming and contributing to the rural economy who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1993 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 1 – subparagraph 1
Article 37 – paragraph 1 – subparagraph 1
In order to finance the payment referred to in Article 36, Member States shall use a percentage of the annual national ceiling set out in Annex II which shall not be higher than 24 %. They shall notify the Commission, by 1 August 2013, of the estimated percentage necessary to finance that payment.
Amendment 2000 #
2011/0280(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Without prejudice to the maximumfigure of 24 % set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 24 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25.
Amendment 2025 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch pot referred to in Annex I to the Treatoy, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppicewith the exception of fisheries products.
Amendment 2251 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – point b a (new)
Article 49 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) a level equal to the amount to which the farmer would be entitled in respect of the number of hectares declared for the 2014 calendar year.
Amendment 2288 #
2011/0280(COD)
Proposal for a regulation
Annex II
Annex II
[The breakdown of resources among the Member States that is put forward in Annex II should be reviewed on the basis of objective criteria, as provided for in Recital 21.]
Amendment 44 #
2011/0197(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) In order to provide clear information about the acceptable operating environment of watercraft, the titles of the boat design categories, which were potentially misleading for users, should now be based on the essential environmental conditions for navigation, namely wind force and wave height, instead of indicating the area and type of navigation.
Amendment 45 #
2011/0197(COD)
Proposal for a directive
Recital 31 b (new)
Recital 31 b (new)
(31b) The environmental conditions mentioned in design category A may be encountered on extended voyages, for example across oceans, or inshore when unsheltered from the wind and waves for several hundred nautical miles. The conditions mentioned in design category B may be encountered on offshore voyages of sufficient length or on coasts where shelter may not always be immediately available. Such conditions may also be experienced on inland seas of sufficient size for the wave height to be generated. The conditions mentioned in design category C may be encountered on exposed inland waters, in estuaries, and in coastal waters in moderate weather conditions. The conditions mentioned in design category D may be encountered on sheltered inland waters, and in coastal waters in fine weather.
Amendment 47 #
2011/0197(COD)
Proposal for a directive
Article 3 – point 2
Article 3 – point 2
2. ‘recreational craft’ means any boatvessel of any type intended for sports and leisure purposes of hull length from 2,5 m to 24 m, measured according to the harmonised standard, regardless of the means of propulsion;
Amendment 56 #
2011/0197(COD)
Proposal for a directive
Article 53 a (new)
Article 53 a (new)
Article 53a Review By ...*, the Commission shall report to the European Parliament and to the Council on the feasibility of introducing a system of boat design categories based on resistance to wind force and wave height, taking into account the developments in international standardisation. That report shall include an evaluation of the impact of the introduction of such a system for the boat manufacturing industry. Where appropriate, it shall be accompanied by a legislative proposal. _____________ * OJ: Please insert the date: two years after the date referred to in the second subparagraph of Article 57(1).
Amendment 59 #
2011/0197(COD)
Proposal for a directive
Annex I – part A – point 1 – point A
Annex I – part A – point 1 – point A
A. OCEAN: Designed for extA recreational craft given ded voyages where conditionssign category A is considered to be designed for winds that may exceed wind force 8 (Beaufort scale) and significant wave heights of 4 m and above but excluding abnormal conditions, and vessels largely self-sufficient such as storm, violent storm, hurricane, tornado and extreme sea conditions or rogue waves.
Amendment 61 #
2011/0197(COD)
Proposal for a directive
Annex I – part A – point 1 – point B
Annex I – part A – point 1 – point B
B. OFFSHORE: Designed for offshore voyages where conditionsA recreational craft given design category B is considered to be designed for wind force up to, and including, wind force 8 and significant wave heights up to, and including, 4 m may be experienced.
Amendment 62 #
2011/0197(COD)
Proposal for a directive
Annex I – part A – point 1 – point C
Annex I – part A – point 1 – point C
C. INSHORE: Designed for voyagesA watercraft given design category C ins coastal waters, large bays, estuaries, lakes and rivers where conditionsnsidered to be designed for a wind force up to, and including, wind force 6 and significant wave heights up to, and including, 2 m may be experienced.
Amendment 63 #
2011/0197(COD)
Proposal for a directive
Annex I – part A – point 1 – point D
Annex I – part A – point 1 – point D
D. SHELTERED WATERS: Designed for voyageA watercraft given design category D is con sheltered coastal waters, small bays, small lakes, rivers and canals when conditionssidered to be designed for a wind force up to, and including, wind force 4 and significant wave heights up to, and including, 0,3 m may be experienced, with occasional waves of 0,5 m maximum height, for example from passing vessels.
Amendment 55 #
2011/0187(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. Such safeguard caps should be set at levels which do not distort the competiaim at a competitive outcome of the structural solutions, with the ultimate aim of effectively benefits of structural solutions anding consumers; therefore the difference between retail and wholesale caps should leave ample room for new competitors to enter the market. The caps could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to value added services.
Amendment 158 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. In accordance with paragraph (1) of Article 3 home providers such as virtual mobile network operators and resellers may purchase wholesale roaming services from operators of home networks who obtain and resell wholesale roaming services from an operator of a visited network in accordance with paragraph (1) of Article 6. In this case, the average wholesale charge that the operator may levy shall allow for an additional charge of no more than EUR 0,20/min to cover the reasonable costs of the home provider.
Amendment 187 #
2011/0187(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. In accordance with paragraph (1) of Article 3 home providers such as virtual mobile network operators and resellers may purchase wholesale roaming services from operators of home networks who obtain and resell wholesale roaming services from an operator of a visited network pursuant to paragraph (1) of Article 8. In this case, the average wholesale charge that the operator may levy shall allow for an additional charge of no more than EUR 0,050 per SMS message to cover the reasonable costs of the home operator.
Amendment 211 #
2011/0187(COD)
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Pursuant to Article 3 paragraph 1, home providers such as virtual mobile network operators and resellers may purchase wholesale roaming services from operators of home networks who obtain and resell wholesale roaming services from an operator of a visited network pursuant to paragraph 1 above. In this case, the average wholesale charge that the operator may levy shall allow for an additional charge of no more than EUR 0,30 per megabyte as of 1 July 2012, EUR 0,20 per megabyte as of 1 July 2013 and EUR 0,10 per megabyte as of 1 July 2014 to cover the reasonable costs of the home operator.
Amendment 20 #
2011/0156(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on food intended for infants and young children and on, foods for special medical purposes and other foods for specialised nutrition (presented by the Commission pursuant to Article 114 of the Treaty on the Functioning of the European Union) (Text with EEA relevance)
Amendment 26 #
2011/0156(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Directive 2009/39/EC foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses: ‘food intended to meet the expenditure of intense muscular effort, especially for sportsmen’ and ‘food for persons suffering from carbohydrate metabolism disorders (diabetes)’. With regard to food intended to meet the expenditure of intense muscular effort, no successful conclusion couldhas yet been reached as regards the development of specific provisions due to widely diverging views among Member States and stakeholders concerning the scope of the specific legislation, the number of sub-categories of the food to be includ. Given that there is a genuine problem as regards harmonisation of this sector of the food market in the EU, high demand from sportspeople and a need, the criteria for establishing composition requirements and the potential impact on innovation in product developmento clarify the relevant labelling rules, by 2015, the Commission, having consulted the European Food Safety Authority, ought to update the report of 28 February 2001 on the foods concerned and, if necessary, come up with some proposals. As regards special provisions for food for persons suffering from carbohydrate metabolism disorders (diabetes), a Commission report concludes that the scientific basis for setting specific compositional requirements is lacking.
Amendment 30 #
2011/0156(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Therefore, the concept of ‘foodstuffs for particular nutritional uses’ should be abolished and"specialised nutrition" should be maintained but strictly limited to products that can demonstrate their unique ability to fulfil the specific nutritional needs of vulnerable groups of the population, which otherwise could not be placed on the market under current Union legislation and where harmonization ensures the free movement of such food in a satisfactory manner. Directive 2009/39/EC should be replaced by the present act. To simplify its application and to ensure consistency throughout the Member States, the present act should take the form of a Regulation.
Amendment 31 #
2011/0156(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food and food for special medical purposes, milk based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure of intense muscular effort, and foodstuffs for people intolerant to gluten. Experience has shown that the provisions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC, Commission Directive 1999/21/EC, Commission Regulation (EC) No 41/2009, as well as Commission Directive 1999/2196/8/EC ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health. It is therefore appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal-based food and baby food for infants and young children and to food for special medical purposes, milk-based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure of intense muscular effort, and foodstuffs for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and Commission Directive 1999/21/EC, Commission Directive 96/8/EC and Commission Regulation (EC) No 41/2009. In addition, the concept of "specialised nutrition" should be maintained and strictly limited to products that demonstrate their unique ability to fulfil the specific nutritional needs of vulnerable groups of the population, which otherwise could not be placed on the market under current Union legislation.
Amendment 37 #
2011/0156(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To ensure legal certainty, definitions laid down in Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and, Commission Directive 1999/21/EC, Commission Directive 96/8/EC and Commission Regulation (EC) No 41/2009 should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, and food for special medical purposesmilk-based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure for intense muscular effort and foodstuffs for people intolerant to gluten should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 43 #
2011/0156(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposesmilk-based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure of intense muscular effort and foodstuffs for people intolerant to gluten, taking into account Commission Directive 2006/141/EC, Commission Directive 2006/125/EC and, Commission Directive 1999/21/EC, Commission Directive 96/8/EC and Commission Regulation (EC) No 41/2009. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposesmilk-based drinks intended for young children, food for special medical purposes, food intended for weight reduction and control, food intended to meet the expenditure of intense muscular effort and foodstuffs for people intolerant to gluten laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements and the process for placing on the market of food resulting from scientific and technological innovations with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 48 #
2011/0156(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 51 #
2011/0156(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is appropriate to establish and update a Union list of vitamins, minerals, amino acids and other substances that may be addedsubstances that may be added for specific nutritional purposes to infant formula, follow-on formula, processed cereal-based food and baby foods, and food for special medical purposes, food intended for weight reduction and control, food intended to meet expenditure of intense muscular effort, and foodstuffs for people intolerant to gluten, taking into account Regulation (EC) No 953/2009, and Commission Directives 2006/141/EC and 2006/125/EC, subject to certain criteria laid down in this Regulation. Given the fact that the adoption of the list implies the application of criteria set out in this Regulation, implementing powers should be conferred on the Commission in that respect. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers. The Commission should adopt immediately applicable implementing acts updating the Union list, where, in duly justified cases relating to public health, imperative grounds of urgency so require.
Amendment 55 #
2011/0156(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Council Directive 92/52/EEC states thatIn the case of export of infant formulae and follow-on formulae exported or re-exported from the European Union have to comply with Union law unless otherwise required by the importing country. This principle has already been established for food in Regulation (EC) No 178/2002. For the sake of simplification and legal ce, products must comply with Directive 2006/141/EC, or the international standards of Codex Alimentarius or the rules in force in the importainty, Directive 92/52/EEC should therefore be repealedg country.
Amendment 59 #
2011/0156(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Currently, the statements ‘gluten-free’ and ‘very low gluten’ may be used for food intended for particular nutritional uses and for food for normal consumptios for specialised nutrition intended for people intolerant to gluten under the rules specified in CommissionArticle 3 of Regulation (EC) No 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten. Such statements could be construed as nutrition claims, as defined in Regulation (EC) No 1924/2006. For. In addition, the statement ‘gluten-free’ may be used for foodstuffs for normal consumption and other foods for specialised nutrition suitable for people intolerant to gluten under the rules specified in Article 4 of Regulation (EC) No 41/2009 which do not allow the usake of simplification, those statements should be regulated solely by Regulation (EC) No 1924/2006 and comply with requirements therein. It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition claims ‘gluten- free’ and ‘very low gluten’ and their associated conditions of use as regulated under Regulation (EC) No 41/2009 be completed prior to the entry into application of this Regulationthe statement ‘very low gluten’ for these foods. Such foods for specialized nutrition intended for people intolerant to gluten should be maintained in this Regulation, as providing such safe foods intended for people intolerant to gluten and informing coeliacs about the absence of gluten is vital to the management of the disease. This is in line with the international standard for foods for special dietary use for persons intolerant to gluten (CODEX STAN 118- 1979 revised in 2008).
Amendment 61 #
2011/0156(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 65 #
2011/0156(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The categories of food covered by this Regulation are subject to the general labelling provisions laid down by Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers1, without prejudice to the specific requirements on labelling, presentation and advertising provided for in this Regulation and to be adopted as delegated acts. It is reasonable to extend the transitional period for labelling changes provided for in Regulation (EU) No 1169/2011 for categories of foods covered by this Regulation, in line with the dates of application of the delegated acts, _______________ 1 OJ L 304, 22.11.2011, p. 18.
Amendment 69 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Regulation establishes compositional and information requirements for the following categories of foods for specialised nutrition:
Amendment 72 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) infant formula and follow-on formula for infants in good health;
Amendment 75 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) milk-based drinks intended for young children;
Amendment 80 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) food intended for weight reduction and control;
Amendment 82 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c b (new)
Article 1 – paragraph 1 – point c b (new)
(cb) food intended to meet expenditure of intense muscular effort;
Amendment 84 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c c (new)
Article 1 – paragraph 1 – point c c (new)
(cc) foodstuffs for people intolerant to gluten.
Amendment 86 #
2011/0156(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation establishes rules for placing on the market of other foods for specialised nutrition.
Amendment 87 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g – point i
Article 2 – paragraph 2 – point g – point i
(i) processed cereal-based food and.
Amendment 88 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g – point ii
Article 2 – paragraph 2 – point g – point ii
Amendment 96 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(ha) ‘food for specialised nutrition’ means foodstuffs which, owing to their special composition or manufacturing process, are clearly distinguishable from foodstuffs for normal consumption, which are suitable for their claimed nutritional purposes and which are marketed in such a way as to indicate such suitability;
Amendment 98 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h b (new)
Article 2 – paragraph 2 – point h b (new)
(hb) ‘food intended for weight reduction and control’ means food specially formulated, when used as instructed by the manufacturer, to replace the whole or part of the total daily diet: (i) for use in energy-restricted diets for weight reduction. They are divided in two categories: - products presented as a replacement for the whole of the daily diet (low calorie diet and very low calorie diet); - products presented as a replacement for one or more meals of the daily diet (meal replacement); (ii) for weight control (products presented as a dish or part of a meal or light meal or snack);
Amendment 99 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h c (new)
Article 2 – paragraph 2 – point h c (new)
(hc) ‘food intended for intense muscular effort’ means food specially formulated and presented to meet the expenditure of intense muscular effort, especially for sportsmen;
Amendment 100 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h d (new)
Article 2 – paragraph 2 – point h d (new)
(hd) ‘foodstuffs for people intolerant to gluten’ means foodstuffs for particular nutritional uses which are specially produced, prepared and/or processed to meet the special dietary needs of people intolerant to gluten;
Amendment 102 #
2011/0156(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of ‘infant formula’, ‘follow-on formula’, ‘processed cereal-based food’ and ‘baby food’, ‘food for special medical purposes’ and, ‘food for special medical purposesintended for weight reduction and control’, ‘foods intended for intense muscular effort’, and ‘foodstuffs for people intolerant to gluten’ taking into account technical and scientific progress and relevant developments at international level, as appropriate.
Amendment 108 #
2011/0156(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Food referred to in Article 1(1) and (2a) may be placed on the market only if it complies with the provisions of this Regulation.
Amendment 110 #
2011/0156(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 112 #
2011/0156(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where it is evident that a food referred to in Article 1(1) and (2a) is likely to constitute a serious risk to human health and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned, the Commission on its own initiative or at the request of a Member State, shall without delay take any appropriate interim emergency measures, including measures restricting or prohibiting the placing on the market of the food concerned, depending on the gravity of the situation. Those measures shall be adopted by means of implementing acts in accordance with the examination procedure referred to in Article 14(2).
Amendment 113 #
2011/0156(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Food referred to in Article 1(1) shall comply with any requirement of Union law applicable to food, save as regards changes made to them to ensure their conformity with the definitions given in Article 2.
Amendment 115 #
2011/0156(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The composition of food referred to in Article 1(1) and (2a) shall be such that it is appropriate to satisfy the specific nutritional needs of, and it is suitable for the persons to whom it is intended, in accordance with generally accepted scientific data.
Amendment 117 #
2011/0156(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Food referred to in Article 1(1) and (2a) shall not contain any substance in such quantity as to endanger the health of the persons to whom they are intended.
Amendment 119 #
2011/0156(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The labelling, presentation and advertising of food referred to in Article 1(1) and (2a) shall provide adequate consumer information and, must not be misleading and shall not attribute properties to such products for the prevention, treatment or cure of human disease, or imply such properties.
Amendment 124 #
2011/0156(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. TParagraph 3 shall not prevent the dissemination of any useful information or recommendations with reference to the categories of food referred to in Article 1 (1) may be made exclusively byexclusively intended for persons having qualifications in medicine, nutrition, and pharmacy or other professionals responsible for maternal and child health care.
Amendment 128 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Food referred to in Article 1(1) and (2a) must comply with the requirements of Article 7 and composition and information requirements provided in Article 9.
Amendment 129 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Subject to the general requirements of Articles 7 and 9 and taking into account Directive 2006/141/EC, Directive 2006/125/EC and, Directive 1999/21/EC, Directive 96/8/EC and Regulation (EC) No 41/2009, as well as any technical and scientific progress, the Commission shall be empowered to adopt delegated Regulations, for foods referred to in Article 1(1) no later than [2 years after the date of the entry into force of this Regulation], in accordance with Article 15, with respect to the following:
Amendment 135 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)
Article 10 – paragraph 2 – point d a (new)
(da) the process for the placing on the market of food referred to in Article 1(1) resulting from scientific and technological innovations which do not comply with the rules as to composition laid down by the delegated Regulations;
Amendment 136 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) the requirements on information to be provided on infant and young child feeding in order to ensure adequate information on appropriate feeding practices.recommendations for appropriate use of the foods referred to in Article 1(1);
Amendment 138 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) without prejudice to the criteria for certain contaminants levels laid down in Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs1, the microbiological criteria laid down in Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs2 shall apply to milk-based drinks intended for young children currently on the market during the transition period laid down in Article 18; ______________ 1 OJ L 364, 20.12.2006, p. 5. 2 OJ L 338, 22.12.2005, p. 1.
Amendment 140 #
2011/0156(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point f b (new)
Article 10 – paragraph 2 – point f b (new)
Amendment 147 #
2011/0156(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 152 #
2011/0156(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Food not complying with this Regulation but complying with Directives 2009/39/EC and 96/8/EC, Regulations (EC) No 41/2009 and (EC) No 953/2009, and labelled prior to [25 years after the date of the entry into forceapplication of this Regulation] may continue to be marketed after that date until stocks are exhausted.
Amendment 154 #
2011/0156(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Regulation (EU) No 1169/2011 shall apply to food referred to in Article 1(1) from ...*. _____________ * OJ please insert date: three years after entry into force of the delegated Regulations referred to in Article 10(2) of this Regulation.
Amendment 97 #
2011/0150(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Standards can have a broad impact on society, in particular on the safety and well-being of citizens, the efficiency of networks, the environment, accessibility and other public policy fields. Therefore, it is necessary to ensure that the role and the input of societal stakeholders in the elaboration of standards is strengthened, through the support of organisations representing the interests of consumers, the environment, the business and societal stakeholders.
Amendment 122 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘standard’ means a technical specification for repeated or continuous application, with which compliance is not compulsory, unless referred to in European regulations, and which is one of the following:
Amendment 128 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
(c) ‘harmonised standard’ means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation. It shall be drafted according to ESO rules, which implies that an ESO consultant testifies that the essential requirements in the corresponding directive have been met, and in addition, in the case of the railway sector, the provisions in the ad hoc Technical Specifications for Interoperability (TSIs);
Amendment 133 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
(a) the characteristics required of a product including levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;
Amendment 138 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘International standardisation body’ means the International Organisation for Standardization (ISO), the International Electrotechnical Commission (IEC) and, the International Telecommunication Union (ITU); and the International Union of Railways (UIC);
Amendment 143 #
2011/0150(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Each European and national standardisation body shall systematically send any draft national standard, European standard and European standardisation deliverable to other European and national standardisation bodies and the Commission, upon their request. Each draft national standard shall be sent in English additionally to the national language.
Amendment 146 #
2011/0150(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Each European and national standardisation body shall promptly reply to, and take due account of, any comments received from any other European and national standardisation body and the Commission with respect to any such draft. The reply by a national standardisation body shall be provided within a maximum period of three months.
Amendment 180 #
2011/0150(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Access of SMEs to standards 1. National Standardisation Organisations shall promote and facilitate the access of SMEs to standards and their development, in particular through: (a) making available free of charge on their website abstracts of standards; (b) applying special rates for the provision of standards to SMEs and providing bundles of standards at a reduced price; (c) identifying, in their annual work programmes, the standardisation projects which are of particular interest for SMEs; (d) providing free access to SMEs for participating in standardisation activities while not increasing the costs of participating in standardisation for the other stakeholders. 2. National Standardisation Organisations shall send an annual report to the European Standardisation Organisations with regard to their actions to comply with the requirements laid down in paragraph 1 and all other measures to improve the participation of SMEs in their standardisation activities. They shall publish that report on their website.
Amendment 211 #
2011/0150(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Recognition and use of technical specifications in the field of ICT
Amendment 235 #
2011/0150(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point g a (new)
Article 11 – paragraph 1 – point g a (new)
(ga) the distribution of harmonised standards free of charge;
Amendment 253 #
2011/0150(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
Amendment 95 #
2011/0137(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Under the ‘Declaration on the TRIPS Agreement and Public Health’ adopted by the Doha WTO Ministerial Conference on 14 November 2001, the TRIPS Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all. In particular with regard to medicines the passage of which across this territory of the European Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, is only a portion of a complete journey beginning and terminating beyond the territory of the Union, customs authorities should, when assessing a risk of infringement of intellectual property rights, take account of any substantial likelihood of diversion of these goods onto the market of the Union. With regard to dangerous products, and in particular falsified medicines as defined in Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, as regards the prevention of the entry into the legal supply chain of falsified medicinal products1 the Union customs authorities should be able to draw on other provisions of Union law, and in particular on the measures provided for in Directive 2011/62/EU. The Commission should analyse, within 18 months following the adoption of this Regulation, the effectiveness of current customs measures aiming at combating falsified medicines, and to propose, if necessary, legislative changes. _____________ 1 OJ L 174, 1.7.2011, p. 74.
Amendment 126 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 5 – point a
Article 2 – point 5 – point a
(a) goods which are subject of an action infringing a trade mark and which bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark;
Amendment 134 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 5 – point b
Article 2 – point 5 – point b
(b) goods which are subject of an action infringing a geographical indication and bear or are described by a name or term protected in respect of that geographical indication;
Amendment 142 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 7 – point a
Article 2 – point 7 – point a
(a) goods which are subject of an action infringing an intellectual property right under the law of the Union or of that Member State;
Amendment 155 #
2011/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
When there are indications suggesting that non-Union goods in transit will be put on sale in the territory of the Union, such goods shall be considered as imports under the intellectual property laws of the Member State where they are found or where an application is made.
Amendment 157 #
2011/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
Indications suggesting that these goods will be put on sale in the territory of the Union may include, inter alia, the fact that the destination of the goods is not declared whereas the suspensive procedure requested requires such a declaration, the lack of precise or reliable information as to the identity or address of the manufacturer or consignor of the goods, a lack of cooperation with the customs authorities or the discovery of documents or correspondence concerning the goods in question suggesting that there is liable to be a diversion of those goods to Union consumers.
Amendment 159 #
2011/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
When there are indications suggesting a likelihood of diversion of the goods to the territory of the Union and when proceedings to determine whether an intellectual property right has been infringed are underway before the competent authority, the declarant or holder of the goods shall establish that such goods are not intended for the territory of the Union.
Amendment 178 #
2011/0137(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point b
Article 15 – paragraph 2 – subparagraph 1 – point b
Amendment 179 #
2011/0137(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point d
Article 15 – paragraph 2 – subparagraph 1 – point d
Amendment 190 #
2011/0137(COD)
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. In order that the authority competent to take a substantive decision may profitably examine whether proof that goods are intended to be put on sale in the Union and the other elements constituting an infringement of the intellectual property right relied upon exist, the customs authority to which an application for action is made shall, as soon as there are indications before it giving grounds for suspecting that such an infringement exists, suspend the release of or detain those goods. Indications suggesting that those goods will be put on sale in the territory of the Union may include, inter alia, the fact that the destination of the goods is not declared whereas the suspensive procedure requested requires such a declaration, the lack of precise or reliable information as to the identity or address of the manufacturer or consignor of the goods, a lack of cooperation with the customs authorities or the discovery of documents or correspondence concerning the goods in question suggesting that there is liable to be a diversion of those goods to Union consumers.
Amendment 204 #
2011/0137(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
The customs authorities may take samples and may provide or send samples to the holder of the decision granting the application, at his/her request, strictly for the purposes of analysis and to facilitate the subsequent procedure in relation to counterfeit and pirated goods. Any analysis of those samples shall be carried out under the sole responsibility of the holder of the decision granting the application.
Amendment 213 #
2011/0137(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where goods other than those covered by Articles 23 and 24 are suspected of infringing an intellectual property right, the holder of the decision granting the application shall initiate proceedings to determine whether an intellectual property right has been infringed within 10 working days of dispatch of the decision to suspendthe receipt of the notification of the suspension of the release of the goods or to detain themheir detention.
Amendment 216 #
2011/0137(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
In the case of perishable goods suspected of infringing an intellectual property right, the period for initiating the proceedings referred to in the first subparagraph shall be three working days of dispatch of the decision to suspendthe receipt of the notification of the suspension of the release of the goods or to detain themheir detention.
Amendment 221 #
2011/0137(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. By way of exception to the provisions of paragraph 1, the customs authorities may authorise the public or private organisations, which aim at combating against counterfeiting and have been individually authorised prior to these operations, to use the above-mentioned measures. Prior to the destruction of the abandoned goods, the authorised organisations may stock them, in the conditions defined in the authorisation, for the purposes of analysis and establishment of a database of information intended to fight against counterfeiting. The authorised organisations shall be published on the website of the Commission.
Amendment 223 #
2011/0137(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) the holder of the decision granting the application has informed the customs authorities in writing of his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspendthe receipt of the notification of the suspension of the release of the goods or to detain them;heir detention.
Amendment 225 #
2011/0137(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) the declarant or holder of the goods has confirmed in writing to the customs authorities his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspendthe receipt of the notification of the suspension of the release of the goods or to detain themheir detention.
Amendment 229 #
2011/0137(COD)
Proposal for a regulation
Article 23 – paragraph 4 – subparagraph 1
Article 23 – paragraph 4 – subparagraph 1
Where there is no agreement to destruction, the holder of the decision granting the application shall initiate proceedings to determine whether an intellectual property right has been infringed within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspendthe receipt of the notification of the suspension of the release of the goods or to detain themheir detention.
Amendment 14 #
2011/0135(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Intellectual property rights are vital business assets vital to the whole European production system, including small and medium sized enterprises, 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.
Amendment 16 #
2011/0135(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the Union economy, but also to the health and safety of Union consumers. Therefore, effective, immediate and coordinated actions at European and global levels are needed to successfully combat this phenomenon. In this context, it is worth stressing the importance of greater cooperation and exchange of information between the customs authorities of each Member State.
Amendment 54 #
2011/0117(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) it has been classified by the World Bank as a high-income or an upper-middle income country or it has accounted for a share of world merchandise exports above 1% during three consecutive years immediately preceding the update of the list of beneficiary countries;
Amendment 83 #
2011/0117(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The tariff preferences referred to in Articles 7 and 12 shall be suspended, in respect of products of a GSP section originating in a GSP beneficiary country, when the average value of European Union imports of such products over three consecutive years from that GSP beneficiary country exceeds the thresholds listed in Annex VI. The thresholds shall be calculated as a percentage of the total value of European Union imports of the same products from all GSP beneficiary countries.
Amendment 89 #
2011/0117(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) it has ratified, without substantial reservations, all the conventions listed in Annex VIII and the most recent available conclusions of the relevant monitoring bodies do not identify a serious failure to effectively implement any of these conventions;
Amendment 119 #
2011/0117(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) serious and systematic unfair trading practices including those affecting the supply of raw materials, which have an adverse effect on the Union industryproducers and which have not been addressed by the beneficiary country. For those unfair trading practices, which are prohibited or actionable under the WTO Agreements, the application of this Article shall be based on a previous determination to that effect by the competent WTO body;
Amendment 140 #
2011/0117(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) increase by at least 12,5 % in quantity (by volume), as compared with the previous calendar year; or
Amendment 150 #
2011/0117(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Paragraph 1 shall not apply to EBA beneficiary countries, nor shall it apply to countries with a share not exceeding 84 % of European Union imports of products listed in Annex V or IX, whichever is applicable.
Amendment 186 #
2011/0117(COD)
Proposal for a regulation
Annex 6 – point 2
Annex 6 – point 2
2. The provisions of Article 8 shall apply for each of the GSP Sections 11(a) and 11(b), when the percentage share referred to in Article 8(1) exceeds 14,50 %.
Amendment 196 #
2011/0117(COD)
Proposal for a regulation
Annex VII – point 1 – point b
Annex VII – point 1 – point b
(b) of which the imports of products listed in Annex IX into the European Union represent less than the threshold of 21 % in value of the total imports into the European Union of products listed in Annex IX originating in countries listed in Annex II, as an average during the last three consecutive years.
Amendment 147 #
2011/0062(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) 'Valuer' means a natural or legal person who, in the course of his trade, business or profession, carries out valuations of residential immovable property or the land on which such residential immovable property is or could be situated.
Amendment 185 #
2011/0062(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point j
Article 9 – paragraph 1 – subparagraph 2 – point j
(j) whether a valuthe implications of the property is necessary and, where applicable,valuation report for the consumer, including by whom it should be carried out and any related costs;
Amendment 249 #
2011/0062(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 270 #
2011/0062(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Valuation of residential immovable property 1. Member States shall ensure that valuers carrying out valuations of residential immovable property which are used to value the collateral in credit agreements are carried out according to international valuation standards. 2. Member States shall ensure that valuers who carry out valuations used by a creditor to value the collateral and those responsible for selecting the valuer, assigning the valuation report and monitoring the valuation process are sufficiently independent of the creditor, the consumer and, where applicable, the credit intermediary, to provide an objective and impartial valuation. Member States may specify further criteria which shall be used to determine the professional competence of valuers, such as accredited certification, validated training, and performance monitoring. Such criteria shall not include a requirement for the valuer to be established in their territory. In order to guarantee transparency and accuracy of property valuation reports Member States shall make all public raw data relating to properties and transactions available to the market so that it is easily re-usable.
Amendment 1 #
2010/2301(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines the interdependecurrent serious imbalance between the Chinese and the EU markets, and the need for a level playing field where protectionism is avoided; notes the progress made by China towards opening up its markets; stresses, however, the need to address certainthe many ‘behind the border measures’ in China, which hamper the business climate for European businesses; takes the view, while continuing along the WTO track, that a free trade agreement (FTA) with China cwould be difficult to implement and, rather than improveing trade relations, might seriously damage Europe’s manufacturing industry;
Amendment 9 #
2010/2301(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the importance of the EU- China High-Level Economic and Trade Dialogue; calls for the EU and China to meet twice each year to strengthen their dialogue, in particular on the protection of European trademarks, action to combat counterfeiting, investments, provision of services, intellectual property rights, standards, public procurement, product safety and access to raw materials;
Amendment 10 #
2010/2301(INI)
Motion for a resolution
Recital A
Recital A
A. whereas China’s accession to joined the WTO in 2001 played a large part in making itand has subsequently become the world’s leading exporter of goods, accounting for 10.36 % of exports in 2010, and the world’s second largest economic power;
Amendment 19 #
2010/2301(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that the investment climate in China lacks transparency and that discriminatory requirements still exist; calls fordraws attention to the difficulty in practice of concluding in the immediate term a bilateral investment agreement with China, aiminged at increased market access for investments;
Amendment 47 #
2010/2301(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to apply the principle of reciprocity in the EU’s common trade policy with developed and emerging countries such as China, in order to ensure a level playing field where all forms of protectionism are avoided;
Amendment 58 #
2010/2301(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the Chinese economy does not fulfil the criteria of a market economy as defined by the WTO; calls on the Commission to cooperate withencourage the Chinese government in order to eliminate the obstacles standing in the way of market economy status; emphasises that this status should only be accorded once China has fulfilled these criteria; asks the EU to carry out regular assessments, in the form of an annual report, of China’s compliance with the obligations included in its protocol on accession to the WTO;
Amendment 94 #
2010/2301(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the EU to make use, wherever necessary,more frequent and faster use of trade defence instruments that are consistent with WTO rules, such as anti-dumping, anti-subsidy and safeguard measures, in the event of illegal trade practices by China in order to ensure a level playing field for EU-China trade;
Amendment 102 #
2010/2301(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Deplores the inadequate protecserious and ever- increasing violation of IPR in China and regrets the lack of specific means available to European businesses, and particularly SMEs, to counter IPR infringements effectively; welcomes the Commission’s decision to propose a review of the directive on the enforcement of IPR; wants China to continue to transpose current international law on the protection of IPR into its national legislation, and more specifically to combat counterfeiting, and urges the Chinese authorities to apply it correctly; regrets that China is not taking part in the negotiations on the next international agreement to combat counterfeiting (ACTA); urges the Commission and the Member States to step up customs cooperation in the EU and with third countries, particularly on the seizure of counterfeit goods, and to simplify customs procedures;
Amendment 124 #
2010/2301(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that China holds sovereign debt of Member States in the eurozone; stresses that this fact has taken on a new political dimension as a result of the serious debt problems within the eurozone; calls on the Commission to start discussions with the ECB and Member States on the creation of a coordinated system to identify which parties hold sovereign debt; wonders about the EU’s capabilities in trade negotiations with China in view of the latter’s contribution to the financial stabilisation of the eurozone;
Amendment 63 #
2010/2109(INI)
Motion for a resolution
Paragraph 14 e (new)
Paragraph 14 e (new)
14e. Notes the great concern expressed by itinerant street vendors operating in public areas over the possibility that Directive 2006/123/EC might be enforced in the Member States, extending the concept of 'natural resource' also to public land, which would result in trading concessions in public areas being limited in time; this would be highly detrimental to employment, to consumers' freedom of choice and to the very existence of traditional local street markets;
Amendment 1 #
2010/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the fact that some Member States underestimate the value of the correct and timely application of EU law; urges them to give suitable priority to transposition and application, in order to avoid delays whilst respecting the constitutional apportionment of legislative powers in the legal systems of each Member State;
Amendment 8 #
2010/2076(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. In order to ensure more transparency, calls on the Commission to provide more information about infringement proceedings, including the reasons why the Commission chooses to open or to close a case;
Amendment 9 #
2010/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on MEPs and national authorities to promote the Citizens" Signpost Service and the use of alternative dispute resolution instruments and informal problem-solving mechanisms, such as SOLVIT and EU Pilot, which are underused despite their great potential, as well as the single- entry webpage (Your Europe portal); calls for their capacity to be increased by means of the allocation of additional financial and human resources;
Amendment 10 #
2010/2053(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas transposition of the Services Directive is causing various problems for local authorities, in particular in connection with concessions, with specific reference to concessions for traditional commercial activities such as those carried out by itinerant vendors, which are being threatened by competition from companies representing the interests of large-scale retailers,
Amendment 86 #
2010/2012(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for measures to be taken in order to contribute towards an increase in the number of internet users and the improvement of the quality, price and speed of the net in those countries and regions within the Union that do not have a good-quality connection, paying particular attention to consumers and businesses in mountain areas or island regions where, in addition to more restricted Internet access, postal charges are very high and delivery times very long for goods purchased or sold;
Amendment 95 #
2010/2012(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to begin formulating European standards to facilitate cross-border e-commerce, to bridge variations between the laws in force within the various Member States and to remove the obligation within a selective distribution network of having an off-line shop prior to selling on-line, as both preventwhen it is demonstrated that such an obligation is not justified by the nature of the contract goods or services so that both consumers and small and medium- sized enterprises fromcan fully exploiting the internal market's potential in the electronic environment;
Amendment 107 #
2010/2012(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to review rules on exclusive and selective distributionmonitor the application of the recently adopted rules on exclusive and selective distribution based on market information from stakeholders and national competition authorities and to revise such rules if required in order to reduce barriers to online sales;
Amendment 123 #
2010/2012(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers that users (consumers and businesses) need legal certainty when operating online and welcomes the European Commission's suggestion in the Digital Agenda to update provisions such as limited liability of information society services in line with technological progress;
Amendment 10 #
2010/0289(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In July and August 2010, following heavy monsoon rains, devastating floods affected extensive regions of Pakistan, notably the areas of Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh and Gilgit- Baltistan. According to United Nations sources, the flooding affected some 20 million people and 20 per cent of Pakistan's land, equivalent to at least 160,000 square kilometres, and leaving up to 12 million people in need of urgent humanitarian aid. However, the textile producing areas are situated outside the areas hit by the floods and there was no direct damage caused to plant or machinery.
Amendment 11 #
2010/0289(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 12 #
2010/0289(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) In November 2010, serious floods, caused by torrential rains, hit the Veneto Region, in Italy, and in particular the provinces of Vicenza, Verona and Padua, where there is a strong presence and concentration of textile and leather SMEs and industries. Some 293 municipalities were affected over an area of 140 hectares and the floods caused around EUR 1 billion’s worth of direct damage to land, homes, people, factories and machinery in these areas.
Amendment 14 #
2010/0289(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The autonomous trade preferences instrument is not an appropriate way of dealing with and resolving humanitarian emergency situations.
Amendment 15 #
2010/0289(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The effects of the application of the trade instrument would only be felt years after the floods and would mostly benefit international exporters and industrial groups in the sector, increasing their profits. Such measures would in no way mitigate the destruction of farmlands, the damage to civilian infrastructure and homes and the population’s dramatic health conditions resulting from the floods.
Amendment 16 #
2010/0289(COD)
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) The European Union addressed Pakistan’s humanitarian emergency by providing some EUR 150 million in humanitarian aid and the international community as a whole swiftly and effectively supplied Pakistan with EUR 500 million in humanitarian aid.
Amendment 18 #
2010/0289(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It will be important to use all available appropriate means to support Pakistan's recovery from this emergency and progress towards future development.
Amendment 24 #
2010/0289(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Trade, Growth and World Affairs – Trade Policy as a core component of the EU's 2020 strategy’ (COM(2010)612/4) states that in 2011 the Commission will assess the application of international trade as a standard aid instrument for third countries hit by natural disasters.
Amendment 29 #
2010/0289(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is therefore not appropriate to extend autonomous trade preferences to Pakistan by suspending for a limited period of time all tariffs for certain products of export interest to Pakistan. The provision of these trade preferences would not cause any meaningfulhave significant adverse effects on the domestic market of the Union and would not affect, especially on the markets of Member States with a strong presence and concentration of textile and manufacturing sectors, and would negatively affect least developed Members of the World Trade Organisation (WTO) in competition with Pakistan for products in respect of which it is being proposed that customs duties be suspended.
Amendment 33 #
2010/0289(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The suspension of customs duties for Pakistan in respect of the textile and manufacturing sectors would be an unfair and inappropriate measure in the light of the similar floods which have recently hit the Veneto Region and Vicenza, Verona and Padua provinces in Italy, manufacturing areas with a high concentration of textile and leather producers. These events directly hit and flooded not only homes and extensive areas under crops, but also thousands of businesses, laboratories, factories and machines, causing a halt in production, the closure of many production plants and the loss of thousands of jobs. The trade measure involving the suspension of customs duties for Pakistan would cause a further deterioration in the situation of people living in the textile and manufacturing areas of the Veneto Region hit by the floods.
Amendment 34 #
2010/0289(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) The Commission has not carried out any impact assessment on the measures to suspend customs duties for Pakistan as regards EU textile and manufacturing products. Such measures would cause direct and serious damage to the EU industry at an extremely critical juncture, characterised by a fall-off in orders, plant closures and steadily rising unemployment.
Amendment 35 #
2010/0289(COD)
Proposal for a regulation
Recital 7 c (new)
Recital 7 c (new)
(7c) Pakistan’s territory is characterised by the presence of high hydro-geological risk levels and has already experienced many floods of a similar magnitude in the past. The problems posed by Pakistan’s territory could be significantly reduced through engineering and environmental operations to make risk areas secure. The proposed trade instrument cannot enable the Pakistani Government to implement the necessary civil and environmental protection work, which would be the only means of ensuring that there is no recurrence of such disasters. The suspension of customs duties would provide benefits only for a few international trade operators.
Amendment 36 #
2010/0289(COD)
Proposal for a regulation
Recital 7 d (new)
Recital 7 d (new)
(7d) Pakistan has a particularly protectionist policy as regards the raw materials for the products listed in Annex 1, and applies heavy duties to exports of such products.
Amendment 37 #
2010/0289(COD)
Proposal for a regulation
Recital 7 e (new)
Recital 7 e (new)
(7e) The suspension of customs duties in respect of the textile and leather sectors would cause serious damage to the equivalent EU manufacturing and industrial sectors, which are already in a state of grave crisis.
Amendment 38 #
2010/0289(COD)
Proposal for a regulation
Recital 7 f (new)
Recital 7 f (new)
(7f) European textile and leather production is based and concentrated in specific manufacturing and industrial areas within only a few Member States. The textile sector is the main economic and social asset of such areas. The harmful economic effects of the suspension of customs duties for Pakistan would hit such areas not only in terms of loss of earnings and increased unemployment, but would also have adverse repercussions on their entire social fabric, worsening situations of social distress resulting from the sector’s economic crisis.
Amendment 41 #
2010/0289(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 42 #
2010/0289(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Humanitarian aid is the most suitable and appropriate instrument for bringing relief to the flood victims in Pakistan and for humanitarian crisis situations in general. The trade instrument is not in this case an effective and appropriate instrument for urgent and efficacious action against the effects of the flooding.
Amendment 43 #
2010/0289(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) It would be better if the Commission implemented a strategy to support and revive Europe’s industrial and manufacturing textile sector. The Pakistani flood victims will not be helped by aid being granted to strong global competitors and private industrial groups, which will damage the European textile sector, employment and the European Union’s strategy for growth.
Amendment 44 #
2010/0289(COD)
Proposal for a regulation
Recital 8 c (new)
Recital 8 c (new)
(8c) EU citizens in textile regions look to the EU institutions for protection and strategies for economic revival and development. Granting trade measures to assist the Pakistani textile sector would harm the textile regions of the Union, with economic damage, lack of growth, a drop in orders, rising unemployment and the spread of social unrest as a consequence. Decisions made by the EU institutions to which EU citizens look for protection and development would instead be inflicting economic damage on them.
Amendment 54 #
2010/0289(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 61 #
2010/0289(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure an immediate and sustainable impact on the economic recovery of Pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences until 31 December 2013the granting of humanitarian aid is recommended as the better solution.
Amendment 65 #
2010/0289(COD)
Proposal for a regulation
Article 1
Article 1
Amendment 66 #
2010/0289(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Parliament rejects the Commission’s proposal and calls on it to apply the humanitarian aid instrument, increasing its scope, as this would seem in this case to be more suitable and effective in view of the urgent and needy conditions prevailing in the Pakistani humanitarian crisis.
Amendment 67 #
2010/0289(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 68 #
2010/0289(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 92 #
2010/0289(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Safeguard clause 1. Where a product cited in Annex I and originating in Pakistan is imported on terms which cause, or threaten to cause serious difficulties to a Union producer of like or directly competing products, Common Customs Tariff duties on that product may be reintroduced at any time by the European Commission. The Council, acting by a qualified majority, may reject or amend the Commission's proposal. 2. At the request of a Member State or a national trade association or on the Commission's own initiative, the Commission shall take a formal decision to initiate an investigation within a reasonable period of time. Where the Commission decides to initiate an investigation, it shall publish a notice in the Official Journal of the European Union announcing the investigation. The notice shall provide a summary of the information received, and state that any relevant information should be sent to the Commission. It shall specify the period, which shall not exceed four months from the date of publication of the notice, within which interested parties may make their views known in writing. 3. The Commission shall seek all information it deems necessary and may verify the information received with Pakistan and any other relevant source. It may be assisted by officials of the Member State on whose territory verification might be sought, if that Member State so requests. 4. In examining whether there are serious difficulties, the Commission shall take account, inter alia and where the information is available, of the following factors concerning Community producers: – market share, – production, – stocks, – production capacity, – capacity utilisation, – employment, – imports, – prices. 5. The investigation shall be completed within four months after the publication of the notice referred to in paragraph 2. 6. The Commission shall take a decision within one month of the investigation being concluded, in accordance with the procedure referred to in Article 8(2). This decision shall enter into force one month after its publication in the Official Journal of the European Union. 7. Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee, take any preventive measure which is strictly necessary.
Amendment 93 #
2010/0289(COD)
Proposal for a regulation
Article 9 b (new)
Article 9 b (new)
Revoking the measures If Pakistan adopts measures restricting human rights and workers’ rights, gender equality or religious rights or if it provides terrorist organisations of any kind with backing or support, the Commission shall immediately revoke the measures in this Regulation.
Amendment 116 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
Amendment 117 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
CN Code Description deleted GLOVES, MITTENS AND MITS, OF LEATHER OR 42032100 COMPOSITION LEATHER, SPECIALLY DESIGNED FORdeleted deleted deleted deleted deleted USE IN SPORTS deleted deleted GLOVES, MITTENS AND MITS, OF LEATHER OR 42032910 COMPOSITION LEATHER, PROTECTIVE FOR ALL TRADES, OTHER THAN SPECIALLY DESIGNED FOR USE IN SPORTS MEN'S AND BOYS' GLOVES, MITTENS AND MITTS, OF LEATHER OR COMPOSITION LEATHER, OTHER THAN 42032991 SPECIALLY DESIGNED FOR USE IN SPORTS, OTHER THAN PROTECTIVE FOR ALL TRADES GLOVES, MITTENS AND MITTS, OF LEATHER OR COMPOSITION LEATHER, OTHER THAN SPECIALLY 42032999 DESIGNED FOR USE IN SPORTS, OTHER THAN PROTECTIVE FOR ALL TRADES, OTHER THAN MEN'S AND BOYS' GLOVES IMPREGNATED, COATED OR COVERED WITH 61161020 RUBBER, KNITTED OR CROCHETED 61161080 MITTENS AND MITTS, IMPREGNATED, COATED OR COVERED WITH PLASTICS OR RUBBER, KNITTED OR CROCHETED, AND GLOVES, IMPREGNATED, COATED OR COVERED WITH PLASTICS, KNITTED OR CROCHETED GLOVES, MITTENS AND MITTS, OF COTTON, KNITTED OR 61169200 CROCHETED GLOVES, MITTENS AND MITTS, OF SYNTHETIC FIBRES, 61169300 KNITTED OR CROCHETED 62160000 GLOVES, MITTENS AND MITTS deleted deleted deleted deleted deleted deleted
Amendment 118 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
Amendment 119 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
CN Code Description MEN'S OR BOYS' ANORAKS (INCLUDING SKI JACKETS), 61012090 WINDCHEATERS, WIND-JACKETS AND SIMILAR ARTICLES, OF COTTON, KNITTED OR CROCHETED MEN'S OR BOYS' JACKETS AND BLAZERS, OF COTTON, 61033200 KNITTED OR CROCHETED MEN'S OR BOYS' TROUSERS, BIB AND BRACE OVERALLS, 61034200 BREECHES AND SHORTS (OTHER THAN SWIMWEAR), OF COTTON, KNITTED OR CROCHETED MEN'S OR BOYS' NIGHTSHIRTS AND PYJAMAS, OF 61072100 COTTON, KNITTED OR CROCHETED WOMEN'S OR GIRLS' NIGHTDRESSES AND PYJAMAS, OF 61083100 COTTON, KNITTED OR CROCHETED T-SHIRTS, SINGLETS AND OTHER VESTS OF WOOL OR 61099020 FINE ANIMAL HAIR OR MAN-MADE FIBRES, KNITTED OR CROCHETED BABIES' GARMENTS AND CLOTHING ACCESSORIES, OF 61112090 COTTON, KNITTED OR CROCHETED (OTHER THAN GLOVES, MITTENSAND MITTS) TRACK-SUITS OF SYNTHETIC FIBRES, KNITTED OR 61121200 deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted CROCHETEDdeleted deleted PANTYHOSE, TIGHTS, STOCKINGS, SOCKS AND OTHER HOSIERYAND FOOTWEAR WITHOUT APPLIED SOLES, OF COTTON, KNITTED OR CROCHETED (EXCL. GRADUATED 61159500 COMPRESSION HOSIERY, PANTYHOSE AND TIGHTS, WOMEN'S FULL-LENGTH OR KNEE-LENGTH STOCKINGS, MEASURING PER SINGLE YARN LESS THAN 67 DECITEX) MEN'S OR BOYS' ANORAKS, WINDCHEATERS, WIND- 62019300 JACKETS AND SIMILAR ARTICLES, OF MAN-MADE FIBRES MEN'S OR BOYS' TROUSERS AND BREECHES OF 62034319 SYNTHETIC FIBRES (OTHER THAN INDUSTRIAL AND OCCUPATIONAL) WOMEN'S OR GIRLS' ENSEMBLES, OF COTTON (OTHER 62042280 THAN INDUSTRIAL AND OCCUPATIONAL) 62046290 WOMEN'S OR GIRLS' COTTON SHORTS MEN'S OR BOYS' SINGLETS AND OTHER VESTS, 62079100 BATHROBES, DRESSING GOWNS AND SIMILAR ARTICLES, OF COTTON WOMEN'S OR GIRLS' SINGLETS AND OTHER VESTS, 62089100 BRIEFS, PANTIES, NEGLIGES, BATHROBES, DRESSING GOWNS AND SIMILAR ARTICLES, OF COTTON 62114290 WOMEN'S OR GIRLS' GARMENTS, OF COTTON WOMEN'S OR GIRLS' APRONS, OVERALLS, SMOCK- 62114310 OVERALLS AND OTHER INDUSTRIAL AND OCCUPATIONAL CLOTHING, OF MAN-MADE FIBRES TOILET LINEN AND KITCHEN LINEN, OF TERRY 63026000 TOWELLING OR SIMILAR TERRY FABRICS, OF COTTON TOILET LINEN AND KITCHEN LINEN, OF COTTON, OTHER 63029100 THAN OF TERRY TOWELLING OR SIMILAR TERRY FABRICS CURTAINS (INCLUDING DRAPES) AND INTERIOR BLINDS, 63039100 CURTAIN OR BED VALANCES, OF COTTON, NOT KNITTED OR CROCHETED CURTAINS (INCLUDING DRAPES) AND INTERIOR BLINDS, 63039290 CURTAIN OR BED VALANCES, OF SYNTHETIC FIBRES, NOT NONWOVENS, NOT KNITTED OR CROCHETED CURTAINS (INCLUDING DRAPES) AND INTERIOR BLINDS, CURTAIN OR BED VALANCES, NOT OF COTTON OR 63039990 SYNTHETIC FIBRES, NOT NONWOVENS, NOT KNITTED OR CROCHETED OTHER FURNISHING ARTICLES, OF COTTON, NOT 63049200 KNITTED OR CROCHETED FLOORCLOTHS, DISHCLOTHS, DUSTERS AND SIMILAR 63071090 CLEANING CLOTHS, NOT KNITTED OR CROCHETED, NOT NONWOVENS OTHER MADE-UP TEXTILE ARTICLES, INCLUDING DRESS 63079099 PATTERNS, NOT KNITTED OR CROCHETED, NOT OF FELT deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted
Amendment 120 #
2010/0289(COD)
Proposal for a regulation
Annex 1
Annex 1
CN Code Description FOOTWEAR WITH OUTER SOLES OF RUBBER, PLASTICS OR COMPOSITION LEATHER AND UPPERS OF LEATHER, WITH IN-SOLES OF A LENGTH OF 24 CM OR MORE, WHICH CANNOT BE IDENTIFIED AS MEN'S OR WOMEN'S FOOTWEAR, OTHER THAN SPORTS FOOTWEAR AND 64039993 FOOTWEAR INCORPORATING A PROTECTIVE METAL TOECAP, NOT COVERING THE ANKLE, NOT MADE ON A BASE OR PLATFORM OF WOOD (NOT HAVING AN INNER SOLE), OTHER THAN FOOTWEAR WITH A VAMP MADE OF STRAPS OR WHICH HAS ONE OR SEVERAL PIECES CUT OUT, OTHER THAN SLIPPERS FOOTWEAR WITH OUTER SOLES OF RUBBER, PLASTICS OR COMPOSITION LEATHER AND UPPERS OF LEATHER, WITH IN-SOLES OF A LENGTH OF 24 CM OR MORE, FOR MEN, OTHER THAN SPORTS FOOTWEAR AND FOOTWEAR INCORPORATING A PROTECTIVE METAL TOECAP, NOT 64039996 COVERING THE ANKLE, NOT MADE ON A BASE OR PLATFORM OF WOOD (NOT HAVING AN INNER SOLE), OTHER THAN FOOTWEAR WITH A VAMP MADE OF STRAPS OR WHICH HAS ONE OR SEVERAL PIECES CUT OUT, OTHER THAN SLIPPERS FOOTWEAR WITH OUTER SOLES OF RUBBER, PLASTICS OR COMPOSITION LEATHER AND UPPERS OF LEATHER, WITH IN-SOLES OF A LENGTH OF 24 CM OR MORE, FOR WOMEN, OTHER THAN SPORTS FOOTWEAR AND FOOTWEAR INCORPORATING A PROTECTIVE METAL 64039998 TOECAP, NOT COVERING THE ANKLE, NOT MADE ON A BASE OR PLATFORM OF WOOD (NOT HAVING AN INNER SOLE), OTHER THAN FOOTWEAR WITH A VAMP MADE OF STRAPS OR WHICH HAS ONE OR SEVERAL PIECES CUT OUT, OTHER THAN SLIPPERS deleted deleted deleted deleted deleted deleted
Amendment 1 #
Amendment 199 #
2010/0271(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 3
Article 52 – paragraph 3 – subparagraph 3
Paragraph 1 shall not apply to systems, components or separate technical units produced for vehicles intended exclusively for racing onvehicles not intended for use on public roads. If systems, components or separate technical units on aincluded in the dedicated list in a delegated act to this Regulation have a dual use, for vehicles intended exclusively for racing on roads and for vehicles intended for use on public roads, they may not be sold or offered for sale to consumers, unless they comply with the requirements of this Article. Where appropriate, the Commission shall adopt provisions for identifying the parts or equipment referred to in this paragraph.
Amendment 49 #
2010/0252(COD)
Proposal for a decision
Recital 25 a (new)
Recital 25 a (new)
(25a) None of the provisions of this Decision should prejudice the protection afforded to market players by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services1. ______________ 1 OJ L 337, 18.12.2009, p. 37.
Amendment 78 #
2010/0252(COD)
Proposal for a decision
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Amendment 95 #
2010/0252(COD)
Proposal for a decision
Article 6 – paragraph 6
Article 6 – paragraph 6
6. If necessary, the Commission shall ensure the availability of additional spectrum bands for the provision of harmonised satellite services for broadband access that will cover the whole territory of the Union including the most remote areas with a broadband offering enabling Internet access at a comparable price to terrestrial offerings.
Amendment 101 #
2010/0252(COD)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, assisted by the Member States, which shall provide all appropriate information on spectrum use, shall create an inventory of existing spectrum use and of possible future needs for spectrum in the Union, in particular in the range from 300 MHz to 35 GHz.
Amendment 299 #
2010/0212(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to allow manufacturers of components or separate technical units to apply for EU type-approval for components or separate technical units or authorisation, it is also important for these manufacturers to have access to certain information that is available only from the vehicle manufacturer, such as the technical information, including drawings, required for the development of parts for the aftermarket.
Amendment 303 #
2010/0212(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Unrestricted aAccess to vehicle repair information, via a standardised format which can be used to retrieve the technical information, and effective competition on the market for vehicletractor repair and maintenance information services are necessary to improve the functioning of the internal market, particularly as regards the free movement of goods, freedom of establishment and freedom to provide services. A great proportion of such information is related to on-board diagnostic (OBD) systems and their interaction with other vehicle systems. It is appropriate to lay down technical specifications that the websites of the manufacturers should follow, along with targeted measures to ensure reasonable accessconsidering the principle of reasonableness and proportionality, both for small and medium-sized enterpriseses volume of vehicle types and/or manufacturers dimension.
Amendment 310 #
2010/0212(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation shall not apply to interchangeable machinery that is fully raised from the ground or that cannot articulate around a vertical axis when the vehicle to which it is attached is in use on a road.
Amendment 312 #
2010/0212(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 314 #
2010/0212(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point c a (new)
Article 2 – paragraph 3 – point c a (new)
(ca) track-laying tractors (category C)
Amendment 317 #
2010/0212(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point c b (new)
Article 2 – paragraph 3 – point c b (new)
(cb) special purpose wheeled tractors (categories T4.1 and T4.2)
Amendment 333 #
2010/0212(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point n
Article 7 – paragraph 2 – point n
Amendment 335 #
2010/0212(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point o
Article 7 – paragraph 2 – point o
Amendment 337 #
2010/0212(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. TIn order to ensure that a high level of functional safety is obtained, the Commission shall be delegated powers to adopt in accordance with Article 57 a delegated act laying down the detailed technical requirements including test procedures and limit values, where applicable, for the subjects listed in paragraph 2 in order to ensure that a high level of road safety will be obtained. The detailed technical requirements shall ensure that, when relevant, vehicles with a maximum speed of more than 40 km/h, with the exclusion of towed implements S, meet an equivalent level of road safety with regards to brake performance and anti- lock braking systems as motor vehicles and their trailers.
Amendment 349 #
2010/0212(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The certificate of conformity shall be designed to prevent forgery. To that end, the paper used shall be protected either byby adequate means such as coloured graphics or by a watermark in the form of the manufacturer’s identification mark.
Amendment 351 #
2010/0212(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 shall apply, in the case of complete vehicles, for a period of twelve24 months from the date on which validity of the EU type-approval expired and, in the case of completed vehicles, for a period of eighteen30 months from that date.
Amendment 356 #
2010/0212(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. The complete test reports issued on the basis of the standardised OECD Codes listed in Annex I, approved according to the general rules of OECDor equivalent standards, may be used as an alternative to the test reports drawn up under this Regulation or the separate Regulations. The specific type approval may be issued by the type approval authority or, when relevant, by OECD, at the choice of the manufacturer.
Amendment 358 #
2010/0212(COD)
Proposal for a regulation
Chapter 16 – title
Chapter 16 – title
Access to vehicletractor repair and maintenance information
Amendment 362 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Manufacturers shall provide unrestricted and standardisedsimilar access to vehicletractor repair and maintenance information to authorized dealers and repairers and independent operators through websites using a standardised format in a readily accessible and prompt manner. In particular, this access shouldall be granted in a manner which is non- discriminatory compared to the provision given or access granted to authorised dealers and repairers.
Amendment 365 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 1 – subparagraph 2
Article 47 – paragraph 1 – subparagraph 2
This information shall include information required for fitting parts or equipment on vehicletractors.
Amendment 367 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 1 a (new)
Article 47 – paragraph 1 a (new)
1a. Until the Commission has adopted a common standard for the information provided to independent operators, this shall be available in a consistent manner that can be processed with reasonable effort.
Amendment 368 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. MTo the exclusion of software for changing parameters and data sets, manufacturers shall make training material and related appropriate tools available to independent operators and authorised dealers and repairers. They shall also provide them with adequate training with regard to the download of software and the diagnostic trouble codes management
Amendment 371 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2a. In order to ensure vehicle functional safety and environment protection, a standard shall be defined and established by the relevant national authority to certify quality and capability of the repairers. Specific and adequate training shall be granted by manufacturers and subject to the payment of a reasonable fee.
Amendment 374 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 3 – introductory part
Article 47 – paragraph 3 – introductory part
3. The information referred to in paragraph 1 shall include as a minimum all ofll the following:
Amendment 376 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 3 – point g
Article 47 – paragraph 3 – point g
(g) the software calibration identification part number applicable to a vehicle type;
Amendment 379 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 3 – point i
Article 47 – paragraph 3 – point i
(i) data recordtechnical information and two- directional monitoring and test data;
Amendment 382 #
Amendment 384 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Authorised dealers or repairers within the distribution system of a given vehicletractor manufacturer shall be regarded as independent operators for the purposes of this Regulation to the extent that they provide repair or maintenance services for vehicles in respect of which they are not members of the vehicletractor manufacturer’s distribution system.
Amendment 386 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. The vehicletractor repair and maintenance information shall always be available, except as required for maintenance purposes of the information system.
Amendment 388 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 6
Article 47 – paragraph 6
6. For the purposes of manufacture and servicing of OBD-compatible replacement or service parts and diagnostic tools and test equipment, manufacturers shall provide the relevant OBD and vehicletractor repair and maintenance information on a non-discriminatory basis to any interested component, diagnostic tools or test equipment manufacturer or repairer.
Amendment 391 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 7
Article 47 – paragraph 7
7. For the purposes of the design and manufacture of automotive equipment for alternative fuel tractors, manufacturers shall provide the relevant OBD and vehicletractor repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for alternative fuel vehicletractors.
Amendment 394 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 10
Article 47 – paragraph 10
10. The manufacturer shall make subsequent amendments and supplements to vehicletractor repair and maintenance information available on its websites at the same time they are made available to authorised repairers.
Amendment 396 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 11
Article 47 – paragraph 11
11. Where repair and maintenance records of a vehicletractor are kept in a central database of the vehicletractor manufacturer or on its behalf, independent repairers shall have access free of charge, when duly justified and for a reasonable fee, to such records and shall be able to enter information on repair and maintenance which they have performed.
Amendment 399 #
2010/0212(COD)
Proposal for a regulation
Article 47 – paragraph 12
Article 47 – paragraph 12
12. The Commission shall be delegated powers to adopt in accordance with Article 57 a delegated act laying down the detailed requirements with regard to access to repair and maintenance information, in particular technical specifications relating to the way in which vehicletractor repair and maintenance information shall be provided. The Commission shall ensure that information provided and related procedures follow the principle of reasonableness and proportionality, both for sales volume of vehicle types and/or manufacturers dimension. Specific attention should be paid to the needs of SMEs.
Amendment 406 #
2010/0212(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Manufacturers may charge reasonable and proportionate fees for access to vehicletractor repair and maintenance information, working tools, website access and training courses covered by this Regulation.
Amendment 409 #
2010/0212(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. A fee shall not be reasonable or proportionate if it discourages access by failing to take into account the extent to which the independent operator uses it. Manufacturers shall make available vehicletractor repair and maintenance information on a daily, monthly, and yearly basis, with fees for access to such information varying in accordance with the respective periods of time for which access is granted.
Amendment 413 #
2010/0212(COD)
Proposal for a regulation
Article 60 – paragraph 2
Article 60 – paragraph 2
2. Approval authorities shall continue to grant extension of approvals to those vehicles, systems, components or separate technical units under the terms of Directive 2003/37/EC and any of the directives listed in Article 562 (21).
Amendment 416 #
2010/0212(COD)
Proposal for a regulation
Article 62 – paragraph 1
Article 62 – paragraph 1
1. Directive 2003/37/EC as well as Directives 74/347/EEC, 76/432/EEC, 76/763/EEC, 77/537/EEC, 78/764/EEC, 80/720/EEC, 86/297/EEC, 86/298/EEC, 86/415/EEC, 87/402/EEC, 2000/25/EC, 2009/57/EC, 2009/58/EC, 2009/59/EC, 2009/60/EC, 2009/61/EC, 2009/63/EC, 2009/64/EC, 2009/66/EC, 2009/68/EC; 2009/75/EC, 2009/76/EC, 2009/144/EC are repealed with effect from 1 January 2014the date as referred in Article 64 paragraph 2.
Amendment 419 #
2010/0212(COD)
Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1
Article 64 – paragraph 2 – subparagraph 1
It shall apply from 1 January 2014.to:
Amendment 423 #
2010/0212(COD)
Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 – point a (new)
Article 64 – paragraph 2 – subparagraph 1 – point a (new)
(a) New types of vehicles from 1 January 2014, but not before two years after the date of entry into force of the last Delegated Act applicable to the vehicle category;
Amendment 424 #
2010/0212(COD)
Proposal for a regulation
Article 64 – paragraph 2 – subparagraph 1 – point b (new)
Article 64 – paragraph 2 – subparagraph 1 – point b (new)
(b) To all new vehicles from 1 January 2018, but not earlier that four years after the date of entry into force of the last delegated act applicable to the vehicle category.
Amendment 39 #
2010/0147(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Before issuing an export authorisation or a multiple export authorisation for firearms, their parts and componenessential parts and ammunition, the Member State concerned shall verify that:
Amendment 44 #
2010/0147(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the importing third country has issued the relevant import authorisation aner is in possession of a valid licence, issued in his country of residence, permitting him to import the type and quality of goods being exported,
Amendment 45 #
2010/0147(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the exporter has, where applicable, notified the third country or third countries of transit, if any, have given notice in writing —n writing, specifying the nature and quantities of the goods and at the lapproximatest perior to shipment — that they haved of transport, and requesting no objection to the transit.
Amendment 26 #
2009/2225(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the importance of achieving broadband for all by 2013 to close the digital divide and create a more democratic, open and inclusive society; emphasises that this goal can best be achieved through market mechanisms as far as possible, without burdensome sectoral taxation; considers that, while reinforcing competition in services to boost affordability, targeted State aid is necessary to extend the reach of open new fibre networks and wireless technologies also in regions where higher-speed fixed networks cannot be supported in the medium term.
Amendment 27 #
2009/2225(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need to fully implement the new electronic communications regulatory framework in order to achieve competitive markets for electronic communications networks, products and services, a sound environment for investments in new technologies and an enhanced single market for the information society; recalls that pro- competitive economic regulation can only be removed once fully competitive markets are achieved.
Amendment 38 #
2009/2225(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas competitive communications markets are important in ensuring that users receive maximum benefits in terms of choice, quality and affordable prices,
Amendment 66 #
2009/2225(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of continuing efforts towards ubiquitous and high-speed access for all citizens and consumers, through the promotion of access to fixed and mobile Internet and the deploycompetition and investment ofin next-generation infrastructure and services; emphasises that this requires policies that promotesupport choice and diversity in high speed services delivering access on fair terms and at competitive prices for all communities, irrespective of location, thereby ensuring that no European citizen faces exclusion;
Amendment 95 #
2009/2225(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the importance of maintaining Europe as the mobile continent in the world and ensuring that 75% of mobile subscribers are 3G (or beyond) users by 2015; recalls the necessity to accelerate the harmonised deployment of the digital dividend in a non- discriminatory manner and without compromising existing broadcast services;
Amendment 129 #
2009/2225(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Member States to fully enforce the EU telecoms framework, empower national regulators and transpose the telecoms package before the established, deadline, in particularcluding the new provisions on Next Generation Access (NGA) networks functional separation and spectrum, which provide for a stable regulatory environment tohat stimulates investment while safeguardingand promotes competition;
Amendment 138 #
2009/2225(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on Member States to reinvigorate their efforts to achieve competitive markets for ICT networks, products and services and also an enhanced single market for information society services;
Amendment 143 #
2009/2225(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on stakeholders to adopt open models for communications network deployment to help boost innovation and drive demand;
Amendment 151 #
2009/2225(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that onthe aims of the new electronic communications regulatory framework is progressively to reduce exare to promote competition in electronic communications networks anted sector-specific rules as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law onlyrvices, to contribute to the development of the internal market and promote the interests of European citizens. In pursuit of these aims, regulators should inter alia impose ex ante regulatory obligations only where there is no effective and sustainable competition and should relax them as soon as that condition is fulfilled;
Amendment 208 #
2009/2225(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Insists on safeguarding an open Internet, where citizens have the rightand business users are able to access and distribute information or run applications and services of their choice; calls on the Commission, the Body of European Regulators for Electronic Communications (BEREC) and the National Regulatory Authorities (NRAs) to monitor closely and enforce the harmonised implementation of the 'net neutrality' provisions and the implementation of relevant wholesale measures on which retail choice may depend;
Amendment 226 #
2009/2225(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EU institutions to remove the key regulatory obstacles to cross-border communications and online transactions by 2015; calls on the Commission to review the Community acquis affecting the online single market and to propose targeted legislative action on key impediments;
Amendment 18 #
2009/0054(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In some Member States contractual payment periods differ significantly from the Union average.
Amendment 19 #
2009/0054(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The difference in payment rules and practices between the Member States constitutes an obstacle to the proper functioning of the internal market.
Amendment 22 #
2009/0054(COD)
Proposal for a directive
Recital 10
Recital 10
(10) This Directive should regulate all commercial transactions irrespective of whether they are carried out between private or public undertakings or between undertakings and public authorities, having regard to the fact that the latter handle a considerable volume of payments to business. It should therefore also regulate all commercial transactions between main contractors and their suppliers and subcontractors as well as collective agreements on commercial transactions, including continuous or recurring ones, between undertakings or associations representing undertakings and the public authorities.
Amendment 57 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 1
Article 2 – point 1
1. “commercial transactions” means transactions between undertakings or between undertakings and public authorities, including transactions governed by collective agreements, which lead to the delivery of goods or the provision of services for remuneration;
Amendment 70 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 5
Article 2 – point 5
(5) “interest for late payments” means statutory interest or interest negotiated and agreed upon between undertakings, which shall not be below the rate determined in this Directive;
Amendment 80 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 9 c (new)
Article 2 – point 9 c (new)
(9c) “SMEs” means small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.
Amendment 91 #
2009/0054(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) interest for late payment shall become payable from the day following the date or the end of the period for payment fixed in the contract, which shall not exceed 60 days from the date of receipt of the goods or performance of the services to which the contract relates;
Amendment 101 #
2009/0054(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Member States shall ensure that when interest for late payment is payable and the creditor is an SME, the creditor is entitled to a lump sum compensation equal to 5% of the amount due. This compensation shall be additional to the interest for late payment.
Amendment 104 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with 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, subject to biennial review:
Amendment 113 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) Compensation equal to 1 % of the amount due for every day of further delay after 60 days from the date when interest became payable.
Amendment 126 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The compensation referred to in paragraph 1, point (ca) shall apply until the end of the 12th month of consecutive delay.
Amendment 127 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. The amount of compensation referred to in paragraph 1 shall not exceed EUR 50 000.
Amendment 138 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that, in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities, or on behalf of public authorities to third parties, the creditor is entitled, without the necessity of a reminder, to interest for late payment equal to statutory interest if the following conditions are satisfied:
Amendment 155 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2(b)(iii) shall not exceed 360 days, unless otherwise specified and duly justified in the tender documents and the contract.
Amendment 169 #
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 183 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that when interest for late payment becomes payable, the creditor is entitled to a lump sum compensation equal to 5% of the amount due. This compensation shall be additional to the interest for late payment. Where the creditor entitled to the lump sum compensation has subcontracted with other undertakings, the lump sum shall also be redistributed proportionally to those undertakings.
Amendment 199 #
2009/0054(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall provide that a clause in a contract relating to the date for payment, the rate of interest for late payment or recovery costs shall either be unenforceable or shall give rise to a claim for damages if it is grossly unfair to the creditor. In determining whether a clause is grossly unfair to the creditor, all circumstances of the case shall be considered, including good commercial practice and, the nature of the product or the service, and the size of the undertakings concerned. Account shall also be taken of whether the debtor has any objective reason to deviate from the statutory rate of interest or from Article 3(2)(b), Article 4(1) or Article 5(2)(b) . For the purposes of the first subparagraph, a clause which excludes interest for late payment shall always be considered as grossly unfair.
Amendment 202 #
2009/0054(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2 a (new)
Article 6 – paragraph 1 – subparagraph 2 a (new)
For the purpose of the first subparagraph, a clause which exceeds the period provided for in Article 5(2)(b) shall always be considered as grossly unfair.
Amendment 203 #
2009/0054(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2 b (new)
Article 6 – paragraph 1 – subparagraph 2 b (new)
The abuse of a dominant position by public authorities should be considered as a grossly unfair practice.
Amendment 206 #
2009/0054(COD)
Proposal for a directive
Article 7
Article 7
Member States shall ensure full transparency about the rights and obligations stemming from this Directive, in particular by publishing the applicable statutory interest rate and monitoring the payment behaviour of general government, specifically with a view to protecting any subcontracting chains.
Amendment 209 #
2009/0054(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. National legislation, regulations and administrative provisions shall apply the same conditions for all creditors who are established in the CommunityUnion, according to their size.
Amendment 210 #
2009/0054(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 7 and 9 by [last day of the 12th month following publication of this Directive in the Official Journal of the European Union] at the latest. For the purposes of compliance with Article 5, each Member State shall have the option of postponing the entry into force of that Article by not more than 36 months for payments concerning specific sectors. The sectors in question shall be determined by the individual Member States and notified to the Commission, which must approve them. They shall forthwith communicate to the Commission the text of those provisions and a table showing the correlation table between those provisions and this Directive.
Amendment 270 #
2008/0196(COD)
Proposal for a directive
Recital 14
Recital 14
(14) An off-premises contract should be defined as a contract concluded with the simultaneous physical presence of the trader and the consumer, away from business premises, for example at the consumer's home or workplace. In an off- premises context, consumers are under psychological pressure– i.e. non-commercial – context, consumers could be faced with an unexpected situation in the event of a commercial approach being made, no matter whether they have solicited the trader's visit or not. Furthermore, in order to prevent circumventions of rules when consumers are approached away from business premises, a contract negotiated, for example at the consumer's home but concluded in a shop should be regarded as an off-premises contract.
Amendment 287 #
2008/0196(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The definition of durable medium should include in particular paper documents on paper, USB sticks, CD-ROMs, DVDs, memory cards and thecomputer hard drive of the computer on which the electronic mail or a pdf file is storeds on which files or emails are saved in read-only form. Internet sites should not be regarded as durable media unless they meet the above criteria.
Amendment 311 #
2008/0196(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The current varying lengths of the withdrawal periods both between the Member States and for distance and off- premises contracts cause legal uncertainty and compliance costs. The same withdrawal period should apply to all distance and off-premises contracts. In principle, the withdrawal period should end fourteen days after the contract is concluded. However, in the case of distance contracts for the sale of goods, the withdrawal period should end fourteen days after the consumer acquires the material possession of the goods.
Amendment 362 #
2008/0196(COD)
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) Legislation and case-law in this area in the various Member States show that there is growing concern to ensure a high level of consumer protection. In the light of this trend and of the experience gained in implementing the previous directive (Directive 1994/44/EC), it may be appropriate to provide for the producer's direct liability for defects for which he is responsible.
Amendment 763 #
2008/0196(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a With respect to subsequent sales contracts (both distance and off-premises contracts) concluded between the same trader and consumer, the requirements set out in Article 10 shall be regarded as having been fulfilled where the consumer has had an opportunity to see, or to have demonstrated to him, the goods or services which are the subject matter of the transaction or where the formal requirements laid down in Article 10 were complied with during a previous transaction.
Amendment 1087 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Unless tThe parties shavell agreed on therwise, the trader shall deliver the goods by transferring the material possession of time period within which the trader is required to deliver the goods to the consumer or to a third party, other than the carrier and indicated by the consumer, within a maximum of thirty days from the day of the conclusion of the contract.
Amendment 1099 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Where the trader has failed to fulfil his obligations to deliver, the consumer shall be entitled to a refund of any sums paid within seven days from the date of delivery provided for in paragraph 1.
Amendment 1181 #
2008/0196(COD)
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Amendment 1182 #
2008/0196(COD)
Proposal for a directive
Article 25 b (new)
Article 25 b (new)
Amendment 31 #
2005/0254(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) European regulation of origin marking is felt by European citizens to be closely linked with protection of their health and safety. Detailed and precise indication of the origin of products sold in the Union would make it possible immediately to identify products of doubtful quality potentially harmful to consumers.
Amendment 33 #
2005/0254(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) European rules on origin marking would strengthen the competitiveness of European firms and of the European economy as a whole by enabling citizens and consumers knowingly and confidently to choose the excellence and high quality standards typical of products produced in the European Union Member States.
Amendment 42 #
2005/0254(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The ability to trace the materials and processes used in the manufacture of a finished product placed on sale in the Union enables consumers to make a free and informed choice, protecting them from misleading information and unfair commercial practices which may have clear and harmful effects on the Union's economy and the health of European citizens.
Amendment 46 #
2005/0254(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The excellence craft and industrial SME and their satellite industries in the Member States of the Union is suffering ever increasing economic damage because of the lack of clear and transparent indication of the origin of products and the non-traceability of production processes. Clear origin marking would help to limit the economic damage caused by the worst aspects of globalisation and relocation, which are having direct, unmistakable and ever increasing effects in terms of job losses in the Union.
Amendment 47 #
2005/0254(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Rules on origin marking also provide effective protection against counterfeiting and unfair competition, thereby enhancing the effectiveness of Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights1 (anti- counterfeiting regulation) providing a further important instrument to protect and enhance European production. ________ 1 OJ L 196, 2.8.2003, p. 7.
Amendment 49 #
2005/0254(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The European Community’s non- preferential rules of origin aredrawing up of European rules on origin marking is even more vital in the case of composite products and manufacturing processes where citizens and consumers are entitled to be clearly informed of the origin of individual materials used in the product and the locations where the individual production stages have been carried out. An effective and clearly defined legal standard needs to be established for identifying the country of origin in the case of composite products and materials used in manufacturing processes. The non- preferential rules of origin laid down in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code1 and its implementing provisions in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisiondetailed rules for the implementapplication of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code. It is preferable to rely on these rules of origin to2 are insufficient for determineing the actual origin of imported goods for the purpose of this regulation. Using a concept with which trade operators and administrations are well acquainted should ease its introduction and implementation. Non-preferential rules of origin should be applied for all non- preferential commproducts in the light of developments in commercial processes for obtaining and processing matercial policy purposes. The duplication of declarations and documentation should avoideds. __________ 1 OJ L 302, 19.1.1992, p. 1. 2 OJ L 253, 11.10.1993, p. 1.
Amendment 62 #
2005/0254(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a The marking may not appear in characters other than those of the Latin alphabet for products marketed in countries where the language is written in that alphabet.
Amendment 65 #
2005/0254(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a With regard to the import of products which have undergone several processings in different countries or which consist of materials originating in different countries, the Commission shall adopt implementing measures in accordance with the procedure referred to in Article 6(2), so that it is possible to identify clearly and specifically the composite origin of the product both as regards individual materials and individual manufacturing processes.
Amendment 71 #
2005/0254(COD)
Proposal for a regulation
Annex
Annex
The products on which this Regulation is to apply are identified by their CN codes. 4104 41 / 4104 49 / 4105 30 / 4106 22 / 4106 32 / 4106 40 / 4106 92 / da 4107 a 4114 / 4302 13 / ex 4302 19 (35, 80) 4008 21 / 4008 11 / 4005 99 / 4204 / 4302 30 (25, 31) 8308 10(00) / 8308 90(00) / 9401 90 / 9403 90 4201 / 4202 / 4203 / 4204/ 4205 / 4206 4303 / 4304 Ch 50 – 63 6401 / 6402 / 6403 / 6404 / 6405 / 6406 6907 / 6908 / 6911 / 6912 / 6913 / 691490100 7013 21 11 / 7013 21 19 / 7013 21 91 / 7013 21 99 / 7013 31 10 / 7013 31 90 / 7013 91 10 / 7013 91 90 7113/7114/7115/711 6 Chapter 94 9603 4104 41 / 4104 49 / 4105 30 / 4106 22 / 4106 32 / 4106 40 / 4106 92 / da 4107 a 4114 / 4302 13 / ex 4302 19 (35, 80) 4008 21 / 4008 11 / 4005 99 / 4204 / 4302 30 (25, 31) 8308 10(00) / 8308 90(00) / 9401 90 / 9403 90is Regulation applies to all goods and products covered by CN codes used to identify goods imported into the European Union. Crust & Finished Leather Heels, Soles, Bands, Parts, synthetics, others Saddlery and harness, travel goods, handbags and similar containers, articles of animal gut (other than silkworm gut) Articles of apparel, clothing accessories and other articles of furskin, artificial fur and articles thereof Textiles and textile articles Footwear, gaiters and the like Ceramic products Glassware of kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than headings 7010 or 7018) of lead crystal . Articles of jewellery and parts thereof, of precious metal or of metal clad with precious metal, Articles of goldsmiths' or silversmiths' wares and parts thereof, of precious metal or of metal clad with precious, Other articles of precious metal clad with precious metal, Articles of natural or cultured pearls, precious or semi- precious stones (natural, synthetic or reconstructed) Ch. Furniture, bedding, mattresses, cushions, lamps and lighting fittings, illuminated signs and the like, prefabricate buildings. Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand- operated mechanical floor sweepers, not motorised, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers; squeegees (other than roller squeegees) Crust & Finished Leather Heels, Soles, Bands, Parts, synthetics, others
Amendment 73 #
Amendment 74 #
2005/0254(COD)
Proposal for a regulation
Annex – row -1 b (new)
Annex – row -1 b (new)
Chapter 32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks
Amendment 80 #
2005/0254(COD)
Proposal for a regulation
Annex - row 9 a (new)
Annex - row 9 a (new)
Amendment 81 #
2005/0254(COD)
Proposal for a regulation
Annex - row 9 b (new)
Annex - row 9 b (new)
9018 Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight- testing instruments 9019 Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus 9021 Orthopaedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability 9022 Apparatus based on the use of X- rays or of alpha, beta or gamma radiations, whether or not for medical, surgical, dental or veterinary uses, including radiography or radiotherapy apparatus, X-ray tubes and other X- ray generators, high tension generators, control panels and desks, screens, examination or treatment tables, chairs and the like
Amendment 82 #
2005/0254(COD)
Proposal for a regulation
Annex - row 10 a (new)
Annex - row 10 a (new)
Chapter 95 Toys, games and sports requisites; parts and accessories thereof