905 Amendments of Kyriacos TRIANTAPHYLLIDES
Amendment 57 #
2013/2277(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the political decisions regarding the Troika and the adjustment programs are taken by the Eurogroup clearly aiming at the completion of the Single Market and the promotion of economic integration at all costs, especially at the expense of social and labour rights of the people; thus these policies lead to austerity instead of growth and job creation;.
Amendment 258 #
2013/2277(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the initial request for financial assistance was made by Cyprus on 25 June 2012, but that differences of positions as regards the conditionality, as well as the rejection of an initial draft programme by the Cypriot Parliament, delayed the final agreement on the EU- IMF assistance programme until 24 April (EU) and 15 May 2013 (IMF), respectively, and on 30 April 2013 the Cypriot House of Representatives finally endorsed the ‘new’ agreement;still the final decision on a European level, the bail-in method, was by no means a solution.
Amendment 261 #
2013/2277(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Believes that the decision for a "bail- in" was devastating for Cyprus economy; regrets that the decision was approved overnight without prior consultation of the national parliament; stresses that these decisions undermine the democratic accountability of the EU.
Amendment 301 #
2013/2277(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recognizes that the Memoranda do not promote sustainable and long-term growth for the people; Urges for alternative solutions to overcome the crisis, which will promote solidarity and social justice.
Amendment 540 #
2013/2277(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls for a breakaway from these policies so that the problems of economic sustainable growth, unemployment, poverty, social exclusion, and (income) inequalities can be truly addressed and combated;
Amendment 572 #
2013/2277(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Regrets that Member -States underadjustment programmes often promote even gravest austerity measures than the ones proposed by the Troika in order to fulfil programme targets.
Amendment 710 #
2013/2277(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Stresses that the main problem remains the insistence on the continued implementation and institutionalisation of the European Commission-Central Bank- IMF Troika's neo-liberal policies, hence leading to further attacks on democracy, on social and workers' rights and to the closure of small and medium size enterprises.
Amendment 771 #
2013/2277(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 809 #
2013/2277(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Believes that alternative proposals should be examined in order to combat stagnation and unemployment in countries under Memorandum; considers that these proposals should aim at strengthening and not undermining the welfare state , boosting growth and active job creation policies.
Amendment 864 #
2013/2277(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for a reassessment of the decision-making process of the Eurogroup, amending MoUs with the Member States receiving EU-IMF financial assistance to include appropriate democratic accountability at both national and European levels; calls for European guidelines to be established in order to ensure appropriate democratic control on the implementation of measures at national level; urges that these European Guidelines should be directed towards enhancing the quality of employment, social protection and health.
Amendment 7 #
2013/2091(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to regain consumer confidence in a single market for foods; points out that market self-regulation, has failed, since the cult of maximum profitability flies in the face of the interests and aspirations of EU citizens and that better legislation and efficient control activities, rather thanas well as more legislation, where needed in response to misleading labelling or safety issues, is the way forward;
Amendment 3 #
2013/2063(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reiterates that notwithstanding the potential and benefits of ‘cloud computing’ for businesses, citizens and the public sector, mainly in terms of cost reduction, it entails significant risks and challenges, particularly for fundamental rights and for fundamental rights, specific risks for privacy and data protection which require scrutiny and appropriate safeguards; it also entails significant risks by increasing impact in case of disruptions;
Amendment 11 #
2013/2063(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that EU data protection law fully applies to cloud computing services operating in the EU and thus must be fully respected; stresses that the opinion by the WP29 on Cloud Computing should be taken into account as it provides guidance for the application of the principles and rules in the EU data protection law in the cloud environment; taking into account the specificities of cloud computing services, calls on the WP29 to issue such an opinion when the amended EU data protection legislation is adopted in order to provide clarifications and further guidance; calls on the EDPS to identify possible gaps in the future EU data protection legislation with regard cloud computing in order to address them;
Amendment 30 #
2013/2063(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Especially with regard to cross-border traffic, particular attention should be given to US law, like the FISA Amendment Act, allowing US authorities to retrieve data from the cloud without judicial authorisation and allowing the surveillance of cloud data of non-US residents on a mass scale, constituting a clear threat to the privacy of EU citizens; calls for this issue to be addressed in EU legislation, the EU data protection legislation could, for instance, require prominent warnings to be made to data subjects before EU cloud data is exported to US jurisdiction, informing them that their data is exposed to surveillance by a third country's authorities; recalls that all companies directing services at EU citizens should comply with EU rules, regardless of the location from where they provide services and that EU data subjects should be able to enforce their rights;
Amendment 42 #
2013/2063(INI)
Draft opinion
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. URegrets the Commission's approach in its communication whereby it fails to mention the risks and challenges attached to cloud computing and urges the Commission to put forward a more holistic communication on cloud computing, taking into account the interests of all stakeholders and containing at least the following:
Amendment 53 #
2013/2063(INI)
Draft opinion
Paragraph 5 – indent 5 a (new)
Paragraph 5 – indent 5 a (new)
- measures to address the existing imbalance in the cloud services market between the service providers and most of the users of their services;
Amendment 1 #
2013/2043(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to Article 2 of the Treaty on European Union (TEU), which states that the Union is founded on the values of respect for human dignity, which should govern, inter alia, all work-related areas, including labour rights, terms of employment and remuneration;
Amendment 8 #
2013/2043(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that accessible, affordable and high-quality delivery services are an essential element in the online purchasing of goods and must be promoted by ensuring free and fair competition subject to compliance with labour rights, terms of employment and remuneration and social and environmental standards; notes, however, that many consumers are reluctant to buy online, especially cross- border, because of uncertainties relating to final delivery, delivery costs or reliability;
Amendment 21 #
2013/2043(INI)
Motion for a resolution
Subheading 3
Subheading 3
Amendment 22 #
2013/2043(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Highlights the vital role of SMEs in creating growth and employment, in particular youth employment; stresses that delivery services are of extreme importance for European SMEs, and that an integrated competitive delivery market ensuring affordable prices and different delivery options at affordable prices, requiring high-quality services, transparency and accessibility, subject to compliance with labour rights, terms of employment and remuneration and social and environmental standards, is a precondition for accessing new markets and reaching more consumers within the EU;
Amendment 37 #
2013/2043(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to propose the necessary measures to encourage industry to improve interoperability and accelerate the roll-out of streamlined processes subject to compliance with labour rights, terms of employment and remuneration and social and environmental standards and aimed at reducing delivery costs, increasing the availability and quality of delivery services, and offering affordable flexible shipping rates to consumers and businesses alike;
Amendment 5 #
2013/2024(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Takes the view that the use of the ordinary legislative procedure has broughtaims at bringing law-making closer to the people and hasby givening the European Parliament, the only democratically elected Union institution, a greater degree of influence;
Amendment 8 #
2013/2024(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Expresses concern at the increasing demands being placed on neighbourhood countries in relation to the EU’s migration and border management policies; calls for a human rights-based approach to EU migration and border management which ensures that the rights of regular and irregular migrants and other vulnerable groups are always the first consideration; condemns in the strongest possible terms the practice of sub-contracting EU migration policy to third countries, including countries where migrants are known to be victims of particularly serious human rights violations and cannot seek asylum; recalls the extra- territorial application of the European Convention on Human Rights in the implementation of EU migration policy, as ruled by the European Court of Human Rights;
Amendment 13 #
2013/2024(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the era of large-scale multiannual programmes based on the intergovernmental approach is over, given the importance of ensuring democratic oversight in this field via the ordinary legislative procedure, the array of legal bases provided for by the Treaties in the policy spheres covered by the area of freedom, security and justice, the scope for the Commission to make use of its right to propose legislation and its stated ambition to do so;
Amendment 18 #
2013/2024(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Expresses alarm at the number of deaths, particularly at sea, and the human rights abuses which continue to occurare increasing in the course of irregular migrants’ attempts to enter the EU; requests that the Commission consult Parliament prior to the conclusion of any agreement between Frontex and a third country; insists that these agreements must provide for adequatestringent safeguards to ensure that human rights standards are fully respected, including with regard to return, joint patrolling, search and rescue or interception operations; draws attention to the reports drawn up by international organisations (the Council of Europe and the UN), the Agency for Fundamental Rights and the European Ombudsman relating to the impact on the rights of migrants of the management of the EU’s external borders and to observance by Frontex of fundamental rights, calls on the European institutions and Member States to take swift action to halt violations of migrants’ rights, which have on occasion led to death, and urges that the EU and the Member States fulfil their international obligations;
Amendment 22 #
2013/2024(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Expresses deep concern about the fate of third country nationals (TCNs) and stateless persons readmitted under EU readmission agreements (EURAs), including cases of indefinite detention, legal limbo or refoulement to their country of origin, and requests the exclusion of TCN clauses from theseurges that stateless persons and asylum seekers should be explicitly excluded from these agreements irrespective of the country where asylum was sought, and also calls for persons whose lives are endangered in their country of origin not to be refouled to third countries in which there is no guarantee that they will not be sent back to their country; calls on the Commission to cease making the signing of agreements with third countries, irrespective of their subject matter, conditional on the signing of readmission agreements; underlines the importance of implementing the recommendations made in the Commission’s evaluation of readmission agreements; calls for scrupulous observance of international commitments in the field and for the Council of Europe’s recommendations, in particular those relating to Frontex, to be implemented; calls on the Commission to allow NGOs and international organisations to participate in Joint Readmission Committees; urges the Commission and the Member States to suspend immediately the application of an EURA in the event of human rights violations; deplores the lack of measures concerning and monitoring of nationals readmitted to their country of origin or third country nationals readmitted to a third country of destination;
Amendment 27 #
2013/2024(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Stresses that the continuedongly condemns the refusal of EU Member States to accede to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and stresses that the continued refusal of all Member States to accede to the convention, which is a core international human rights convention, undermines the fundamental principle of the indivisibility of human rights and diminishes the credibility of the EU when engaging with third countries on human rights issues;
Amendment 35 #
2013/2024(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Takes the view, therefore, that a reform of the electoral procedure will be required in the future in order to enhance the legitimacy and effectiveness of Parliament by strengthening the democratic dimension of Europe and dividing up the seats in Parliament more proportionally among the Member States, in accordance with the principles laid down in the Treaties, in order to guarantee a better representation of small parties and small Member States; considers that a reform of this kind will encourage EU citizens to take part in European elections in their Member State of residence if they are not nationals of that State;
Amendment 44 #
2013/2024(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that the citizens' initiative can play a key role in identifying matters which should be dealt with at EU level; Calls on the European Commission to adopt an open and inclusive approach with regards to European citizens' initiatives to ensure that, when criteria are indeed met, these initiatives lead to subsequent legislative proposals and thereby truly include the people living in the EU in the law-making process;
Amendment 46 #
2013/2024(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to work more closely with the Member States in order to make the European Citizens initiative more effective and accessible to all people; Calls on the Commission to make a first assessment report of the ECIs; Deplores, however, the technical problems encountered by the organisers of citizens' initiatives and calls on the Commission to resolve the problems in question without undue delay;
Amendment 50 #
2013/2024(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is of the view that, in general terms, the implementation of the Stockholm Programme does not live up to its ambition to promote citizens' rights as well as the rights of other persons for whom the Union has a responsibility;
Amendment 73 #
2013/2024(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. FearBelieves that the economic crisis may develop into a crisis of democracy and believes that strong political leadership is necessary to defend democratic achievements;on-going crisis is not just economic but also social, environmental and democratic; Regrets that the crisis and the austerity measures taken as a response to the financial crisis have led to an increased number of persons living below the poverty line and have been used as a political vehicle to infringe on individual and collective rights and believes that strong political leadership is necessary to defend democratic achievements and fundamental rights; Condemns those who instrumentalise the crisis to increase peoples' fears of the other and promote racism and xenophobia.
Amendment 82 #
2013/2024(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that acceding to the Convention will provide citizens as well as other persons for whom the Union has a responsibility with protection in the context of Union action similar to that which they already enjoy in the context of action by individual Member States; points out that this is all the more relevant because the Member States have transferred significant competences to the Union, in particular in the policy spheres covered by the area of freedom, security and justice;
Amendment 85 #
2013/2024(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that acceding to the Convention will offer citizens as well as other persons for whom the Union has a responsibility vital extra protection, in particular in the context of the area of freedom, security and justice; Underlines the excessively long deadline for concluding accession negotiations and deplores the fact that the EU has still not effectively acceded to the Convention; Recalls that the EU's accession depends on the ratification not only of EU Member States but also of all States which are members to the Convention; Calls on all parties concerned to proceed with ratification as soon as possible.
Amendment 88 #
2013/2024(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Regrets, however, that in the EU an individual is still not protected outside the workplace against discrimination on the grounds of religion or belief, age, disability or sexual orientation; recalls that it has called upon the Council to adopt the proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation 11 times over the past 4 years, and that the Council has failed to act; Deplores in this regard the Member States' lack of political will, the lack of transparency in the negotiation process of the Council, and the abuse of the unanimity principle by opposing Member States;
Amendment 91 #
2013/2024(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Regrets the lack of progress of the National Roma Integration Strategies and the continuing racism towards and discrimination against Roma across the EU, including the segregation of Roma children in education; Calls on Member States to step up their efforts to enforce Roma fundamental rights and social inclusion; calls on the European Commission and Member States to support financially and involve Roma organisations in all policies affecting them.
Amendment 92 #
2013/2024(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Welcomes the Communication from the Commission COM 2013 (454) on the "Steps forward in implementing National Roma Integration Strategies" and its recommendations; Regrets, however, that most of the Member States did not use the National Roma Integration Strategy for adopting and implementing a more proactive Roma policy; Regrets the long timeline of 24 months proposed by the Commission for Member States to implement the recommendations as well as the absence of involvement of the European Parliament given the role the Parliament has played so far in denouncing Roma's violation of fundamental rights.
Amendment 93 #
2013/2024(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20 d. Calls on the European Commission to propose a strategy to combat violence against women as it was announced in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 20 April 2010 – Delivering an area of freedom, security and justice for Europe's citizens – Action Plan Implementing the Stockholm Programme (COM(2010) 171 final).
Amendment 94 #
2013/2024(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20 e. Recalls that the rapid developments in the digital world (including the increased uses of the Internet, applications and social media) calls for the establishment of the highest level of protection of personal data and privacy; condemns the ratification of agreements for the transfer and exchange of personal data with third countries by the EU, including the TFTP and PNR agreements with the United States, which do not comply with data protection and privacy standards set by the EU or Council of Europe;
Amendment 95 #
2013/2024(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20 f. Condemns internet and telecommunications spying practices as revealed by the NSA- Prism Case as well as the inability of the EU to enforce its standards of protection as regards its citizens or the third-country nationals or whistle-blowers on its territory; denounces the weakness of the European response to the scandal of such espionage of Europeans by the NSA
Amendment 100 #
2013/2024(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the Stockholm Programme aims to facilitate the free movement of European citizens and more generally of those who live in the EU by defending and respecting all the rights deriving from a European area of justice, and that judicial cooperation represents the main tool to achieve this objective;
Amendment 114 #
2013/2024(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Underlines, however, that given national civil law is deeply engrained in historical ethical values and traditions, the drive to exchange best practices and to achieve a certain level of approximation between Member States should not result in an extinction of these long-standing traditions and should continue to honour the myriad of different legal traditions.
Amendment 127 #
2013/2024(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Acknowledges the progress made with the roadmap for procedural rights in criminal proceedings, but regrets that key proposals on legal aid and vulnerable suspects are outstanding and that the level of ambition of the Council seems to be decreasing more and more; Hopes that the institutions embark soon on a revision of the E.A.W. in view of the on-going systematic violation of the proportionality principle by some Member States;
Amendment 154 #
2013/2024(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Believes that an effective justice system is, accessible and accountable justice system is a sine qua non condition for a democracy and a powerful driver for a prosperous economy;
Amendment 156 #
2013/2024(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 164 #
2013/2024(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Regrets the stark security orientation of the ISS at the expense of civil liberties, fundamental rights and adoption of preventive measures; Deplores the gap between words and deeds, between declaratory goals in terms of values and principles on the one hand and the actual implementation of policies on the other, especially as regards the increased wide collection of personal data for undefined security purposes which result in the clear violation of the right to privacy and data protection;
Amendment 168 #
2013/2024(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Regrets that the second Commission Communication of 10 April 2013 on the implementation of the ISS of the European Union is not critical enough of the actions carried out under the ISS and simply reasserts the same priorities it had presented in its initial Communication of November 2010 without taking into account the impact of the Charter of Fundamental Rights which is applicable to all persons in the EU;
Amendment 172 #
2013/2024(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Recalls that Parliament is now a fully- fledged institutional actor in the field of security policies, and is therefore entitled to participate actively in determining the features and priorities of the ISS and in evaluating those instruments, including through regular monitoring exercises on the implementation of the ISS, to be conducted jointly by the European Parliament, national parliaments and the Council under Articles 70 and 71 TFEU; Believes that the European Parliament ought to play a crucial role in the evaluation and definition of internal security policies as these have a profound impact on the fundamental rights of all those living in the EU; Emphasises, therefore, the need to ensure these policies fall under the remit of the only directly elected European institution for scrutiny and democratic oversight;
Amendment 176 #
2013/2024(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that a propern independent and thorough analysis of the security threats to be addressed is an essential prerequisite for an effective ISS, especially in view of evaluating the necessity and proportionality of internal security policies ultimately assessing the continuing need for each individual legislative instrument;
Amendment 185 #
2013/2024(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Acknowledges that cross-border crime is on the increase in the EU and therefore underlines the importance of European law enforcement information exchange; believes that the current ‘landscape’ of the different instruments, channels and tools is complicated and scattered, leadbut is concerned by the lack of democratic oversight as well as the insufficient protection of fundamental rights in the cross-border cooperation against crime ing to inefficient use of the instruments available and to inadequate democratic oversight at EU levelhe EU, especially related to the increased access to digital databases containing personal data by law enforcement authorities; calls for a future- oriented vision on how to shape and optimise law enforcement cooperation and data sharing in the EU while guaranteeing a robust level of data protection;
Amendment 195 #
2013/2024(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. WelcomesTakes note of the Commission's proposal for the new Europol Regulation and hopes for a quick advancement of this important legislative dossier so that Europol can be brought into line with the Lisbon Treaty as soon as possible; underlines that the revision of the Europol Regulation has to be carried out in full respect of democratic values and principles, fundamental rights as well as the principles of proportionality and necessity; Considers, in this respect, that the list of criminal offences, for which Europol is competent, should be as clear cut as possible in order to avoid overlaps with national authorities;
Amendment 197 #
2013/2024(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Regrets that no follow-up has taken place to the evaluation of Directive 2006/24/EC; calls on the Commission to present a legislative proposal abolishing the data retention framework as soon as possible;
Amendment 219 #
2013/2024(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Acknowledges that the Schengen area is a kind of laboratory that so far has been developed step by step; is neverthelessRegrets, however, the growing tendency to equate internal freedom of movement with increasing closure and surveillance of external borders; Is concerned about this development which migrants are perceived as threats or criminals and where the right to asylum is undermined by the introduction of ever increasing obstacles to entering the EU; is, therefore, of the opinion that a long-term reflection about itsthe further development is necessary; believes that the Schengen external borders should in the future be guarded by European border guardsof the Schengen area is necessary and should take into account the fundamental rights of migrants and persons in need of international protection;
Amendment 223 #
2013/2024(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Welcomes, in this regard, the reform of the mandate of FRONTEX and the agreement on Eurosur; considers that the new rules forto include a fundamental rights strategy through inter alia the appointment of a fundamental rights officer and stresses the importance of ensuring independent monitoring of compliance by the agency with its fundamental rights obligations; Considers that any rule pertaining to the surveillance of seaexternal borders (air, land or sea) needs to be agreed on as soon as possible, that priority should be given to saving the lives of migrants and that the principle of non- refoulement is to be fully respectedrespect and be guided by the principle of safeguarding the human rights of migrants and asylum seekers; Regrets, therefore, the lack of respect of the principle of non-refoulement by some Member States and calls on the European Commission to ensure through all means, including financial means, this principle is respected; Stresses the need to ensure that any cooperation with third countries on migration fully respects the rights of asylum seekers, refugees and migrants and that monitoring mechanisms are in place to guarantee that human rights are observed in practice; Considers that the new rules for the surveillance of sea borders need to be agreed on as soon as possible provided they give priority to the saving the lives of migrants and fully respect the principle of non-refoulement;
Amendment 224 #
2013/2024(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Condemns the weak response of the EU and its Member States with regards to the number of dead persons, particularly at sea, and to the increasing violations of human rights when irregular migrants try to enter the EU; calls on the Commission to consult it before signing any agreement between Frontex and third countries; insists that such agreements should provide a high level of protection to ensure that the standards of human rights are fully respected, especially with regard to returns and the organisation of joint operations, search and rescue or interception operations; recalls the various reports of international organisations (notably the Council of Europe and the UN), of the Fundamental Rights Agency and the European Ombudsman concerning the impact of the management of external borders of the EU to migrants' rights and the respect for human rights by Frontex and calls on the European institutions and Member States to take the necessary measures without delay to put an end to these violations;
Amendment 229 #
2013/2024(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the successfulTakes note of the migration to the Schengen Information System II, the continued roll-out of the Visa Information System and the setting-up of the agency eu-LISA for their operational management; underlines that these new systems now need to stand the test of everyday use; recalls its request that ‘'new border management instruments or large-scale data storage systems should not be launched until the existing tools are fully operational, safe and reliable’'; is looking forward to the evaluations ofcalls on the Commission to evaluate all the systems foreseen in the respective legal instruments;
Amendment 234 #
2013/2024(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls for a much better implementation of the visa acquis and greater harmonisation of visa procedures and prac; calls on the Commission to make full use of its powers as guardian of the Treatices; believes that common visa application centres should become the standard in this respect; calls for an interinstitutional discussion on the objectives of the common visa policy;
Amendment 237 #
Amendment 238 #
2013/2024(INI)
Motion for a resolution
Subheading 10 a (new)
Subheading 10 a (new)
Calls Member States and the European commission to address trafficking in human beings in a comprehensive manner which links criminal behaviour and crime to the area of prevention and protection of victims; calls in this regard more agencies to be involved such as EASO, EIGE and the FRA;
Amendment 239 #
2013/2024(INI)
Motion for a resolution
Subheading 10 b (new)
Subheading 10 b (new)
Calls Member States to properly implement the Directive of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims as well as comply with relevant international instruments such as the 1949 UN Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others;
Amendment 240 #
2013/2024(INI)
Motion for a resolution
Subheading 10 c (new)
Subheading 10 c (new)
Calls on the Commission and the Member States to increasingly fund exit programmes for trafficked persons, in particular for women in prostitution;
Amendment 241 #
2013/2024(INI)
Motion for a resolution
Subheading 10 d (new)
Subheading 10 d (new)
Calls the Commission to ensure the position of Anti-Trafficking Coordinator becomes a permanent position to ensure the implementation of the Directive of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims as well as a comprehensive and coherent approach at the EU level;
Amendment 245 #
2013/2024(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Recalls that in the Stockholm Programme the European Council had underlined ‘'that well-managed migration can be beneficial to all stakeholders’'; regrets the limited progress made in the adoption of legislation in the field of legal migration, and calls for greater efforts in the future not only in view of the demographic challenges and the needs of the economy but also to ensure the protection of migrants, including migrant workers, through well-defined rules and procedures that offer legal clarity and certainty and, therefore, also provide avenues for appeal and redress; believes, at the same time, that the integration of migrants as a two-way process requires greater attention as well as the enforcement of migrants fundamental rights;
Amendment 253 #
2013/2024(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Welcomes the adoption of the asylum package stressing however that it falls short of the standards ensuring a high level of protection; calls on the Commission to monitor the correct implementation of the package by the Member States as from the date of application and to take the necessary steps to ensure that national legislations are in line with the developments in the case-law ; calls on the EASO to support Member States in this process; recalls that the asylum package only provides a minimum framework for Member States' policies in this field and encourages Member States to go beyond the minimum provisions existing therein, especially as regards the detention of asylum seekers, in particular of minors, the rights of vulnerable persons, the use of accelerated procedures;
Amendment 255 #
2013/2024(INI)
Motion for a resolution
Paragraph 44 – subparagraph 1 (new)
Paragraph 44 – subparagraph 1 (new)
Regrets the continuing and systematic practice of detaining migrants in detention centres as recently underlined by the UN Human Rights Council; calls for alternatives to detention to be further developed and implemented, including regularisation of undocumented migrants based on clear criteria;
Amendment 262 #
2013/2024(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Deeply deplores the failure to make the principles of solidarity and fair sharing of responsibility, as laid down in Article 80 TFEU, a reality; believes that accentuated and more concrete measures will be necessary in the future, including the use of Article 80 as a legal basis in relevant legislative texts and the establishment of a permanent relocation system for beneficiaries of international protection within the EU, which could also serve as a basis for future initiatives aiming at relocating asylum seekers;
Amendment 265 #
2013/2024(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Believes that the external dimension of asylum should be expanded, especially in relation toin relation to resettlement and protected entry procedures should be expanded; regrets the so far limited involvement of Member States in resettlement;.
Amendment 269 #
2013/2024(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Recalls the Commission's commitment to facilitate the orderly arrival in the EU of persons in need of protection and calls on it to explore new approaches to access to asylum procedures inter alia through the adoption of the 'Communication on new approaches concerning access to asylum procedures targeting main transit countries' scheduled for 2013; Calls moreover on the Commission to submit a communication on a framework for the transfer of protection of beneficiaries of international protection and mutual recognition of asylum decisions by 2014, in line with the Action Plan Implementing the Stockholm Programme;
Amendment 301 #
2013/2024(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. RTaking into account the wide gap which exists between the policies adopted and their implementation at national level, which contributes to an increasingly complex and inconsistent framework, requests the Commission to put more emphasis on overseeing and ensuring the concrete implementation of EU legislation by the Member States; notes that, when the rights of citizens are concerned, this needs to be done as of the first day an act enters into force; considers that more needs to be done in this area, and that the reasons for any failure to implement EU legislation should be identified, justified and addressed;
Amendment 2 #
2013/2005(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that a competition-driven open European energy market will make forthe European market should be characterised by distinctly lower prices, as well as enhancing Europe’s competitiveness andor contributing to economic growth and consumers’ well- being, and that, in order to bring this about, the physical, statutory, and. Unfortunately there is evidence of profiteering on the part of energy production and distribution companies seeking to maximise profit margins in a manner clearly detrimental to consumer interests as a direct regsulatory barriers to market efficiency need to be removed urgentlyt of the doctrine of open markets, increased competition, denationalisation and , privatisation and, finally, market deregulation at the expense of consumers;
Amendment 9 #
2013/2005(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Member States and the Commission to take steps to bring competition rules to bear on the energy sector, especially as regards the delayed transposition and implementation of the third energy package, implement rules and promote measures to ensure fair and rational pricing for basic commodities such as energy and to move without delay in this direction;
Amendment 24 #
2013/2005(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. NStresses that the effectiveness of consumer protection policies depends on the extent to which practices and measures harmful to consumer interests are prohibited by law; notes that market liberalisation has not resulted in significant options or lower prices for final consumers and households; urges the Commission to take steps to improve transparency, information, and freedom of consumer choice and to protect vulnerable consumers; advocates support for new arrangements making for effective dispute resolution and restoring the balance of bargaining power between final consumers and suppliers.
Amendment 31 #
2013/2005(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to be proactive in detecting and recognising market failures, such as the perceived obstacles when switching energy providers, the lack of transparency in energy bills and the incomparability of energy providers´ offers, which make it impossible for consumers to make a well- informed choice, and asks the Commission to, when relevant, come with proposals to deal with any such market failures.
Amendment 21 #
2013/0305(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) RAs conditions and circumstances differ in Member States with regard to psychoactive substances, restriction measures vary significantaccordingly in different Member States, meaning that economic operators that use them in the production of various goods must comply, in the case of the same new psychoactive substance, with different requirements, such as pre-export notification, export authorisation, or import and export licences. Consequently, the differences between the Member States' laws, regulations and administrative provisions on new psychoactive substances hindercould potentially hinder to some extent the functioning of the internal market, by causing obstacles to trade, market fragmentation, lack of legal clarity and of an even level playing field for economic operators, making it more difficult for companies to operate across the internal market.
Amendment 22 #
2013/0305(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Restriction measures could not only cause barriers to trade in the case of new psychoactive substances that already have commercial, industrial or scientific uses, but canould also impede the development of such uses, and are likely to cause obstacles to trade for economic operators that seek to develop such uses, by making access to those new psychoactive substances more difficult.
Amendment 23 #
2013/0305(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The disparities between the various restriction measures applied to new psychoactive substances can, while they are legitimate since they respond to each Member State's particularities with regard to psychoactive substances, could also lead to displacement of harmful new psychoactive substances between the Member States, hampering efforts to restrict their availability to consumers and undermining consumer protection across the Union, if efficient information exchange and coordination among Member States is not strengthened.
Amendment 25 #
2013/0305(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Such disparities are expected to increascontinue as Member States continue to pursueadopt divergent approaches to addressing challenges with regard to new psychoactive substances. Therefore, the obstacles to trade and market fragmentation, and the lack of legal clarity and of a level playing field are expected to increascontinue, further hindering the functioning of the internal market if Member States do not coordinate and cooperate more efficiently.
Amendment 26 #
2013/0305(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) ThosWhere distortions to the functioning of the internal market are identified they should be eliminataddressed and, to that end, the rules relating to new psychoactive substances that are of concern at Union level should be approximated, while, at the same time, ensuring a high level of health, safety and consumer protection. and a flexibility for Member States to respond to local situations.
Amendment 27 #
2013/0305(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) New psychoactive substances and mixtures should be able to move freely in the Union when intended for commercial and industrial use, as well as for scientific research and development. This Regulation should establish rules for introducing rest, by duly authorised persons in establishments which are directly under the control of Member States' authorictions to this free movementes or specifically approved by them.
Amendment 30 #
2013/0305(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) No risk assessment should be conducted under this Regulation on a new psychoactive substance if it is subject to an assessment under international law, or if it is an active substance in a medicinal product or in a veterinary medicinal product, provided that the substance used is not liable to have ill effects and is transformed in such a condition that it cannot be abused or recovered.
Amendment 32 #
2013/0305(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) No restriction measures should be introduced at Union level on new psychoactive substances which pose low health, social and safety risks. , but Member States may introduce further measures that are deemed appropriate or necessary depending on the specific risks that the substance poses in their territories taking into account national circumstances and any social, economic, legal, administrative or other factor they may consider relevant.
Amendment 37 #
2013/0305(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) This Regulation should provide for exceptions in order to ensure the protection of human and animal health, to facilitate scientific research and development, and to allow the use of new psychoactive substances in industry, provided that they are not liable to have ill effects and that they cannot be abused or recovered.
Amendment 46 #
2013/0305(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Information on new psychoactive substances provided by and exchanged among Member States is crucial for their national health policies, both in terms of drug prevention and of the treatment for psychoactive drug users in recovery services. Member States should make use of all the available information in an effective manner and monitor the relevant developments.
Amendment 50 #
2013/0305(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure uniform conditions for the implementation of temporary and permanent market restrictions, implementingdelegated powers should be conferred on the Commission. Those powers should be exercised in accIt is of particular impordtance 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 the Member States of the Commission's exercise of implementing powers23 . __________________ 23 OJ L 55, 28.02.2011, p.13that the Commission carry 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 51 #
2013/0305(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The Commission should adopt immediately applicable implementingdelegated acts where, in duly justified cases relating to a rapid increase in the number of reported fatalities in several Member States associated with the consumption of the new psychoactive substance concerned, imperative grounds of urgency so require.
Amendment 57 #
2013/0305(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
If a Member State has information relating to what appears to be a new psychoactive substance or mixture, its National Focal Points within the European Information Network on Drugs and Drug Addiction (‘Reitox’) and Europol National Units shall provide to the EMCDDA and Europol the available information on the consumption, possible risks, manufacture, extraction, importation, trade, distribution, trafficking, commercial and scientific use of that substances that appear to be new psychoactive substances or mixtures.
Amendment 63 #
Amendment 64 #
2013/0305(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where the EMCDDA and Europol, or the Commission, considers, that the information shared on a new psychoactive substance notified by several Member States gives rise to concerns across the Union because of the health, social and safety risks that the new psychoactive substance may pose, the EMCDDA and Europol shall draw up a joint report on the new psychoactive substance.
Amendment 66 #
2013/0305(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The joint report shall contain the following information:
Amendment 67 #
2013/0305(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
Amendment 68 #
2013/0305(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The EMCDDA and Europol shall request the National Focal Points and, the Europol National Units to provide additional information on the new psychoactive substanceand Europol to provide information on the new psychoactive substance and in particular on the involvement of criminal groups in the manufacture, distribution or trade in the new psychoactive substance, and any use of the new psychoactive substance in the manufacture of narcotic drugs or psychotropic substances. They shall provide that information within four weeks from receipt of the request.
Amendment 69 #
2013/0305(COD)
Proposal for a regulation
Article 6 – paragraph 4 – subparagraph 1 – introductory part
Article 6 – paragraph 4 – subparagraph 1 – introductory part
4. The EMCDDA and Europol shall request the European Medicines Agency and the national competent authorities for medicines of Member States to provide information on whether, in the Union or in any Member State, the new psychoactive substance is:
Amendment 70 #
2013/0305(COD)
Proposal for a regulation
Article 6 – paragraph 6 – subparagraph 1
Article 6 – paragraph 6 – subparagraph 1
6. The EMCDDA and Europol shall submit the joint report to the Commission within eight weeks from the request for additional information referred to in paragraph 3.
Amendment 71 #
2013/0305(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Within four weeks from the receipt of the joint report referred to in Article 6, the Commission may request the EMCDDA to assess the potential risks posed by the new psychoactive substance and to draw up a risk assessment report. The risk assessment shall be conducted by the Scientific Committee of the EMCDDA.
Amendment 73 #
2013/0305(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Scientific Committee of the EMCDDA shall assess the risks during a special meeting. The Committee may be extended by not more than five experts, representing the scientific fields relevant for ensuring a balanced assessment of the risks of the new psychoactive substance. The Director of the EMCDDA shall designate them from a list of experts. The Management Board of the EMCDDA shall approve the list of experts every three years. TEuropean Parliament, the Council, the Commission, the EMCDDA, Europol and the European Medicines Agency shall each have the right to nominate two observers.
Amendment 79 #
2013/0305(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. No risk assessment shall be carried out where the new psychoactive substance is at an advanced stage of assessment within the United Nations system, namely once the World Health Organisation expert committee on drug dependence has published its critical review together with a written recommendation, except where there is significant and concrete information that is new or of particular relevance for the Union and that has not been taken into account by the United Nations system, which is to be mentioned in the assessment report.
Amendment 81 #
2013/0305(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. No risk assessment shall be carried out where the new psychoactive substance has been assessed within the United Nations system, but it has been decided not to schedule it under the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, or the 1971 Convention on Psychotropic Substances, except where there is significant and concrete information that is new or of particular relevance for the Union, the reasons for which shall be indicated in the assessment report.
Amendment 83 #
2013/0305(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
The Commission shall adopt the Decision referred to in paragraph 1 by means of implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 19(21).
Amendment 84 #
2013/0305(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
On duly justified imperative grounds of urgency relating to a rapid increase in the number of reported fatalities in several Member States associated with the consumption of the new psychoactive substance concerned, the Commission shall adopt immediately applicable implementingdelegated acts in accordance with the urgency procedure laid down in Article 19(32).
Amendment 85 #
2013/0305(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point b
Article 10 – paragraph 2 – subparagraph 1 – point b
(b) the social harm caused to individuals and to society, in particularbased on its impact on social functioning, public order and criminal activities, organised crime activity associated with the new psychoactive substance, illicit profits generated by the production, trade and distribution of the new psychoactive substance, and associated economic costs of the social harm;
Amendment 86 #
2013/0305(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – point c
Article 10 – paragraph 2 – subparagraph 1 – point c
(c) the risks to safety, in particularbased on the spread of diseases, including transmission of blood borne viruses, the consequences of physical and mental impairment on the ability to drive, the impact of the manufacture, transport and disposal of the new psychoactive substance and associated waste materials on the environment.
Amendment 93 #
2013/0305(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) the social harm caused to individuals and to society is limited, in particular regarding its impact on social functioning andbased on its impact on public order, criminal activities associated with the new psychoactive substance is low, illicit profits generated by the production, trade and distribution of the new psychoactive substance and associated economic costs are non-existent or negligible;
Amendment 95 #
2013/0305(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) the risks to safety are limited, in particularbased on a low risk of spread of diseases, including transmission of blood borne viruses, non- existent or low consequences of physical and mental impairment on the ability to drive, and the impact of the manufacture, transport and disposal of the new psychoactive substance and associated waste materials on the environment is low.
Amendment 96 #
2013/0305(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c a (new)
Article 11 – paragraph 1 – point c a (new)
(ca) Member States may introduce further measures that are deemed appropriate or necessary with regard to a new psychoactive substance, depending on the specific risks that the substance poses in their territories taking into account national circumstances and any social, economic, legal, administrative or other factor they may consider relevant;
Amendment 97 #
2013/0305(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c b (new)
Article 11 – paragraph 1 – point c b (new)
(cb) In case the decision to not adopt restriction measures on a new psychoactive substance that is considered to pose overall low health, social and safety risk was based on a partial or total lack of evidence, it shall include an appropriate mention in its classification.
Amendment 98 #
2013/0305(COD)
Proposal for a regulation
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. The Commission shall, by means of a Decision, without undue delay, prohibit the making available on the market to consumers of the new psychoactive substance if, based on existing evidence, it poses, overall, moderate health, social and safety risks, in particular based on the following criteria:
Amendment 100 #
2013/0305(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) the social harm caused to individuals and to society is moderate, in particular regarding its impact on social functioning andbased on its impact on public order, producing public nuisance; criminal activities and organised crime activity associated with the substance are sporadic, illicit profits and economic costs are moderate;
Amendment 101 #
2013/0305(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
(c) the risks to safety are moderate, in particularbased on a sporadic spread of diseases, including transmission of blood borne viruses, moderate consequences of physical and mental impairment on the ability to drive, and the manufacture, transport and disposal of the new psychoactive substance and associated waste materials results in environmental nuisance.
Amendment 102 #
2013/0305(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission shall adopt the Decision referred to in paragraph 1 by means of implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 19(21).
Amendment 103 #
2013/0305(COD)
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States may introduce further measures that are deemed appropriate or necessary with regard to a new psychoactive substance, depending on the specific risks that the substance poses in their territories taking into account national circumstances and any social, economic, legal, administrative or other factor they may consider relevant.
Amendment 105 #
2013/0305(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) the social harm caused to individuals and to society is severe, in particular regarding its impact on social functioning and public order, resulting in public order disruption, violent and anti-social behaviour causing damage to the user, to others and to property; criminal activities and organised crime activity associated with the new psychoactive substance are systematic, illicit profits, and economic costs are high;
Amendment 106 #
2013/0305(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) the risks to safety are severe, in particular significantbased on a spread of diseases, including transmission of blood borne viruses, severe consequences of physical and mental impairment on the ability to drive, and the manufacture, transport and disposal of the new psychoactive substance and associated waste materials result in environmental harm.
Amendment 109 #
2013/0305(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission shall adopt the Decision referred to in paragraph 1 by means of implementingdelegated acts. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 19(21).
Amendment 111 #
2013/0305(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) for scientific research and development purposes, by duly authorised persons in establishments which are directly under the control of Member States' authorities or specifically approved by them;
Amendment 112 #
2013/0305(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) for use in the manufacture of substances and products provided that the new psychoactive substances are transformed in such a condition that they cannot be abused or recovered, that they are not liable to have ill effects and that the amount of each substance used is included in the information about the substance or the product.
Amendment 113 #
2013/0305(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Products containing new psychoactive substances shall include directions for use, including cautions, warnings and contraindications with other substances, to be either indicated on the label or included in the accompanying leaflet for the safety of the user.
Amendment 115 #
2013/0305(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The EMCDDA and Europol, with the support of Reitox, shall monitor all new psychoactive substances on which a joint report has been drawn up.
Amendment 116 #
Amendment 117 #
2013/0305(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. adopt the Decision referred to in paragraphs 9(2), 12(2) and 13(2) by means of delegated act subject to the conditions laid down in this Article. The delegation of power shall be conferred on the Commission for a period of 5 years from the date of entry into force of the Regulation. The delegation of power 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. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. A delegated act adopted shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 118 #
2013/0305(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply, in the case of duly justified cases relating to a rapid increase in the number of reported fatalities in several Member States associated with the consumption of a new psychoactive substance and imperative grounds of urgency so require, an emergency procedure shall apply to delegated acts. Delegated acts adopted under an emergency procedure shall enter into force without delay and shall apply as long as no objection is expressed in accordance with third subparagraph . The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 19(1). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.
Amendment 119 #
2013/0305(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 123 #
2013/0305(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
The EMCDDA and Europol shall report annually on the implementation of this Regulation.
Amendment 9 #
2013/0304(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States may introduce further specific measures that are deemed appropriate or necessary with regard to a new psychoactive substance, depending on the specific risks that the substance poses in their territories taking into account national circumstances and any social, economic, legal, administrative or other factor they may consider relevant.
Amendment 15 #
2013/0304(COD)
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Framework Decision 2004/757/JHA
Article 2-paragraph 3 (new)
Article 2-paragraph 3 (new)
(1a) In Article 2, the following paragraph is added after paragraph 2: '3. Each Member State shall remove from its criminal law provisions any substance that is no longer subjected to permanent market restriction on the basis of Article 13(1) of the Regulation (EU) No .../... on new psychoactive substances.'
Amendment 37 #
2013/0081(COD)
Proposal for a directive
Recital 2
Recital 2
(2) This Directive should respond to the need identified in the implementation reports of the two Directives to remedy the identified weaknesses, to ensure transparency and legal certainty and to offer a coherent legal framework for different groups coming to the Union from third countries. It should therefore simplify and streamline the existing provisions for the different groups in a single instrument. Despite differences between the groups covered by this Directive, they also share a number of characteristics which makes it possible to address them through a common legal framework at Union level.
Amendment 39 #
2013/0081(COD)
Proposal for a directive
Recital 3
Recital 3
(3) This Directive should contribute to the Stockholm Programme's aim to approximate national legislation on the conditions for entry and residence of third- country nationals. Immigration from outside the Union is one source of highly skilled people, and in particular students and researchers are increasingly sought after. They play an important role to form the Union's key asset – human capital - in ensuring smart, sustainable and inclusive growth, and therefore contributeing to the achievement of the objectives of the Europe 2020 Strategy, and therefore their entry and residence should be facilitated as much as possible.
Amendment 40 #
2013/0081(COD)
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should also aim at fostering people-to-people contacts and mobility, as important elements of the Union's external policy, notably vis-à-vis the countries of the European Neighbourhood Policy or the Union's strategic partners. It should allow for a better contribution to the Global Approach to Migration and Mobility and its Mobility Partnerships which offer a concrete framework for dialogue and cooperation between the Member States and third countries, including in facilitating and organizing lregalular migration.
Amendment 41 #
2013/0081(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Migration for the purposes set out in this Directive should promote the generation and acquisition of knowledge and skills. It constitutes a form of mutual enrichment for the migrants concerned, their country of origin and the host Member State and helps to promote better familiarity among cultures, while strengthening cultural links and enriching cultural diversity.
Amendment 47 #
2013/0081(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to promote Europe as a whole as a world centre of excellence for studies and training, the conditions for entry and residence of those who wish to come to the Union for these purposes should be improved, simplified and facilitated. This is in line with the objectives of the Agenda for the modernisation of Europe's higher education systems, in particular within the context of the internationalisation of European higher education. The approximation of the Member States' relevant national legislation towards more favourable rules for third-country nationals is part of this endeavour.
Amendment 50 #
2013/0081(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Once all the general and specific conditions for admission are fulfilled, Member States should issue an authorisation, i.e. a long stay visa and/or residence permit, within specified time limits, which should not be hampered or invalidated by additional requirements. If a Member State issues a residence permit on its territory only and all the conditions of this Directive relating to admission are fulfilled, the Member State should grant the third-country national concerned the requisite visas.
Amendment 52 #
2013/0081(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Member States may charge applicants for processing applications for authorisations. The fees should be proportionate to the purpose of the stay and should not constitute an obstacle to the objectives of the Directive.
Amendment 55 #
2013/0081(COD)
Proposal for a directive
Recital 30
Recital 30
(30) National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 60 days, or, as soon as possible and at the latest within 30 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application. Member States should inform the applicant as soon as possible of any further information they need for processing the application. In the event of an appeal against a negative decision, national authorities should inform the applicant of their decision within 60 days.
Amendment 56 #
2013/0081(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Union immigration rules and Union programmes including mobility measures should complement each other more. Third-country national researchers and students covered by such Union programmess who fall within the scope of this Directive should be entitled to move to thedifferent Member States foreseewithin the Union on the basis of the authorisation granted by the first Member State, as long as the full list of those Member States is known before entry into the Union. Such an authorisation should allow them to exercise mobility without the need to provide any additional information or to complete any other application procedures. Member States are encouraged to facilitate the intra-Union mobility of third-country national volunteers where volunteering programmes cover more than one Member State.
Amendment 57 #
2013/0081(COD)
Proposal for a directive
Recital 33
Recital 33
(33) In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased access to the labour market under the conditions set out in this Directive, meaning a minimum of 20 hours per week. The principle of access for students to the labour market should be a general rule. However, in exceptional circumstances Member States should be able to take into account the situation of their national labour markets, although this must not risk entirely negating the right to work.
Amendment 61 #
2013/0081(COD)
Proposal for a directive
Recital 34
Recital 34
(34) As part of the drive to ensure a well- qualified workforce for the future, Member States should allow students who graduate in the Union and to respect and value the work and overall contribution of students who graduate in the Union, Member States should allow those students to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation. They should also allow researchers to do so upon completion of their research project as defined in the hosting agreement. This should not amount to an automatic right of access to the labour market or to set up a business. They may be requested to provide evidence in accordance with Article 24.
Amendment 65 #
2013/0081(COD)
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) Each Member State has a duty to inform third-country nationals of the rules applicable to their particular case so as to ensure transparency and legal certainty and thus encourage them to come to the Union. All the information that is relevant to the procedure, including general documentation about studies, exchange or research programmes but also specific information about applicants' rights and obligations, should therefore be provided in a manner that is easily accessible and understandable by third-country nationals.
Amendment 68 #
2013/0081(COD)
Proposal for a directive
Article 3 – point h
Article 3 – point h
(h) ‘voluntary service scheme’ means a programme of activities of practical solidarity, based on a scheme recognised by the Member State or the Union , pursuing objectives of general interest for a non-profit cause;
Amendment 73 #
2013/0081(COD)
Proposal for a directive
Article 6 – point d
Article 6 – point d
(d) not be regarded as a threat to public policy, public security or public health;
Amendment 74 #
2013/0081(COD)
Proposal for a directive
Article 6 – point f
Article 6 – point f
(f) provide the evidence requested by the Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, training and return travel costs, without prejudice to an individual examination of each case. The provision of such evidence shall not be necessary if the third-country national concerned is in receipt of a grant or scholarship, if he/she has received an undertaking of sponsorship from a host family or a firm offer of work or if an organisation operating pupil exchanges or the voluntary service scheme declares itself responsible for the subsistence of the pupil or the volunteer throughout the period of his/her stay in the Member State in question.
Amendment 78 #
2013/0081(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) not be below the minimum age nor above the maximum age set by the Member State concerned. In setting this age limit, Member States shall consider allowing the participation of pupils in such exchange programmes for a period of one year after completion of secondary school;
Amendment 79 #
2013/0081(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 80 #
2013/0081(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point b
Article 12 – paragraph 1 – subparagraph 1 – point b
Amendment 83 #
2013/0081(COD)
Proposal for a directive
Article 13 – point c
Article 13 – point c
(c) and, if the host Member State specifically requires it, receive a basic introduction to the language, history and political and social structures of that Member State.
Amendment 87 #
2013/0081(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall issue an authorisation for researchers for a period of at least one year and shall renew it free of charge if the conditions laid down in Articles 6, 7 and 9 are still met. If the research project is scheduled to last less than one year, the authorisation shall be issued for the duration of the project.
Amendment 88 #
2013/0081(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall issue an authorisation for students for the whole duration of their studies or for a period of at least one year and shall renew it free of charge if the conditions laid down in Articles 6 and 10 are still met. If the period of studies is scheduled to last less than one year, the authorisation shall be issued for the duration of the studies.
Amendment 90 #
2013/0081(COD)
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. For school pupils and au pairs, Member States shall issue an authorisation covering the entire length of their stay for a maximum period of one year.
Amendment 92 #
2013/0081(COD)
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The period of validity of an authorisation issued to trainees shall correspond to the duration of the placement or shall be for a maximum of one year. In exceptional cases, it may be renewed, free of charge once only and in the form of a permit and exclusively for such time as is needed to acquire a vocational qualification recognised by a Member State in accordance with its national legislation or administrative practice, provided the holder still meets the conditions laid down in Articles 6 and 12.
Amendment 97 #
2013/0081(COD)
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or if the respective student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice.
Amendment 102 #
2013/0081(COD)
Proposal for a directive
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) for students, where the time limits imposed on access to economic activities under Article 23 are not respected or where the student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice.
Amendment 108 #
2013/0081(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Outside their study time and subject to the rules and conditions applicable to the relevant activity in the host Member State, students shall be entitled to be employed and may be entitled to exercise self- employed economic activity. The situation of the labour market in the host Member State may be taken into account but not in a systematic manner which could result in students being excluded from the labour market.
Amendment 110 #
2013/0081(COD)
Proposal for a directive
Article 24
Article 24
After finalisation of research or studies in the Member State, third-country nationals shall be entitled to stay on the territory of the Member State for a period of 12 months in order to look for work or set up a business , if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled. In a period of more than 3six and less than 6nine months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 6nine months, third-country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.
Amendment 118 #
2013/0081(COD)
Proposal for a directive
Article 26 – title
Article 26 – title
Right to mobility between Member States for researchers, students, school pupils, volunteers, unremunerated and remunerated trainees
Amendment 122 #
2013/0081(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
If the researcher stays in another Member State for a period of up to six months, the research may be carried out on the basis of the hosting agreement concluded in the first Member State, provided that he has sufficient resources in the other Member State and is not considered as a threat to public policy, public security or public health in the second Member State.
Amendment 125 #
2013/0081(COD)
Proposal for a directive
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student or as a , school pupil, volunteer, au pair, remunerated or unremunerated trainee under this Directive shall be allowed to carry out part of his/her studies/traineeship/volunteer activity in another Member State provided that before his or her transfer to that Member State, he/she has submitted the following to the competent authority of the second Member State:
Amendment 128 #
2013/0081(COD)
Proposal for a directive
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
(c) proof that he/she has been accepted by an establishment of higher education or a training host entity if he/she is a student or trainee;
Amendment 153 #
2013/0081(COD)
Proposal for a directive
Article 29 – paragraph 2
Article 29 – paragraph 2
2. If the information supplied in support of the application is inadequate, the competent authorities shall inform the applicant as soon as possible of any further information they need and indicate a reasonable deadline to complete the application. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional information required .
Amendment 155 #
2013/0081(COD)
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Any decision rejecting an application for an authorisation shall be notified to the third-country national concerned in accordance with the notification procedures provided for under the relevant national legislation. The notification shall specify the possible redress procedures available, the national court or authority with which the person concerned may lodge an appeal and, the time limit for taking action and provide all relevant practical information which facilitates the exercise of his/her right.
Amendment 156 #
2013/0081(COD)
Proposal for a directive
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Where an application is rejected or an authorisation issued in accordance with this Directive is withdrawn, the person concerned shall have the right to mount a legal challenge before the authorities of the Member State concerned and shall receive a decision within 60 days of the lodging of an appeal against the decision.
Amendment 157 #
2013/0081(COD)
Proposal for a directive
Article 30
Article 30
Member States shall make available easily accessible and understandable information on entry and residence conditions for third-country nationals falling under the scope of this Directive, including the minimum monthly resources required, rights, all documentary evidence needed for an application and the applicable fees. Member States shall make available information on the research organisations approved under Article 8.
Amendment 158 #
2013/0081(COD)
Proposal for a directive
Article 31
Article 31
Member States may require applicants to pay fees for the processing of applications in accordance with this Directive. The amount of such fees shall not endanger or constitute an obstacle to the fulfilment of its objectives.
Amendment 46 #
2013/0024(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) FTracking flows of dirty money through transfers of funds, can damage the stability and reputaonstitutes a crucial measure among others in the fight against corruption, of therganised crime and terrorism, as financial sectorprofit and threaten the internal market. Terrorisme subsequent attempt to conceal the true origin of criminal proceeds is the main driver for organised crime groups. Organised crime, terrorism and corruption can damage the democratic institutions and shakes the very foundations of our society. The soundness, integrity and stability of the system of transfers of funds and confidence in the financial system as a whole could be seriously jeopardised by the efforts of criminals and their associates either to disguise the origin of criminal proceeds or to transfer funds for criminal activities or terrorist purposes.
Amendment 50 #
2013/0024(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The full traceability of transfers of funds can be a particularly important and valuable tool in the prevention, investigation and detection of money laundering or terrorist financing. It is therefore appropriate, in order to ensure the transmission of information throughout the payment chain, to provide for a system imposing the obligation on payment service providers to have transfers of funds accompanied by information on the payer and the payee, which should be accurate and updated.
Amendment 53 #
2013/0024(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The provisions of this Regulation apply without prejudice to national legislation implementing Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data19 . For example, personal data collected forand Regulation (EC) No 45/2001 of the pEurpose of complying with this Regulation should not be furopean Parliament and of the Council of 18 December 2000 on ther processed in a way inconsistent e with Directive 95/46/EC. In particular, furtection of individuals with regard to ther processing for commercial purposes should be strictly prohibited. The fight against money laundering and terrorist financing is recognised as an important public interest ground by all Member States. Hence, in the application of this Regulation, the transfer of personal data to a third country which does not ensure an adequate level of protection in the meaning of Article 25 of Directive 95/46/EC should be permitted according to Article 26 (d) of the same Directive. __________________ 19of personal data by the Community institutions and bodies and on the free movement of such data. For example, personal data collected for the purpose of complying with this Regulation should not be further processed in a way inconsistent with Directive 95/46/EC. In particular, further processing for commercial purposes should be strictly prohibited. __________________ 19 OJ L 281, 23.11.1995, p. 31. OJ L 281, 23.11.1995, p. 31.
Amendment 54 #
2013/0024(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The fight against money laundering and terrorist financing is recognised as an important public interest ground by all Member States which at the same time are fully committed to the protection of civil liberties and fundamental rights, including the rights to privacy, informational self-determination and data protection; Therefore the principles of necessity and proportionality, as set out in Article 8 of the European Convention on Human Rights and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, are key principles in ensuring effectiveness in the fight against organised crime and terrorism.
Amendment 58 #
2013/0024(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow the authorities responsible for combating money laundering or terrorist financing in third countries to trace the source of funds used for those purposes, transfers of funds from the Union to outside the Union should carry complete information on the payer and the payee. TOnly those authorities, as specifically designated by national law, should be granted access to complete information on the payer and only for the purposes of preventing, investigating and detecting money laundering or terrorist financing. No other external authorities or parties should have access to the data stored by the payment service providers.
Amendment 59 #
2013/0024(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Individuals who have access and are dealing with personal data of the payer of/and the payee shall respect the principles of data protection, confidentiality and security and Member States shall ensure that specific relevant training and guidelines are given to them.
Amendment 60 #
2013/0024(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) The payment service providers of the payer, the payee and the intermediary service providers should have in place appropriate technical and organisational measures to protect personal data against accidental loss, alteration, unauthorised disclosure or access.
Amendment 64 #
2013/0024(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Since in criminal investigations it may not be possible to identify the data required or the individuals involved until many months, or even years, after the original transfer of funds and in order to be able to have access to essential evidence in the context of investigations, it is appropriate to require payment service providers to keep records of information on the payer and the payee for the purposes of preventing, investigating and detecting money laundering or terrorist financing. This period should be limited as information on the payer and/or payee must not be kept longer than strictly necessary, and upon expiry of this period personal data must be deleted.
Amendment 74 #
2013/0024(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the payer's address, or national identity number, or customer identification number, or date and place of birth.
Amendment 123 #
2013/0024(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Payment service providers shall respond fully and without delay, in accordance with the procedural requirements established in the national law of the Member State in which they are established, only to enquiries from the authorities responsible for combating money laundering or terrorist financing of that Member State as designated under national law, concerning the information required under this Regulation. No other external authorities or parties shall have access to the data stored by the payment service providers.
Amendment 128 #
2013/0024(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Information on the payer or/and the payee must not be kept any longer than strictly necessary; The payment service provider of the payer and the payment service provider of the payee shall keep records of the information referred to in Articles 4, 5, 6 and 7 for a maximum period of five years. In the cases referred to in Article 14(2) and (3), the intermediary payment service provider must keep records of all information received for five years. Upon expiry of this period, personal data must be deleted, unless otherwise provided for by national law, which shall determine under which circumstances payment service providers may or shall further retain data. Member States may allow or require further retention. Member States may allow or require further retention only in exceptional situations which are duly justified and motivated and only if necessary for the prevention, detection or investigation of money laundering and terrorist financing. The maximum retention period following carrying-out of the transfer of funds shall not exceed ten years.
Amendment 130 #
2013/0024(COD)
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The payments service providers of the payer, the payee and the intermediary service providers, shall have in place appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
Amendment 131 #
2013/0024(COD)
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
The information collected on the payer and/or the payee by the payment service providers of the payer, the payee and the intermediary payment service providers, shall be deleted following the expiry of the retention period.
Amendment 132 #
2013/0024(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a Data confidentiality and security Information on the payer and the payee and the information collected for the purposes of this Regulation, shall only be accessible to designated persons, as specified in national law. Individuals who have access to and are dealing with personal data of the payer or/and the payee, shall respect the confidentiality of the data processes as well as the data protection requirements. Member States shall ensure that a specific data protection training is given to individuals who regularly collect and/or process personal data and that relevant guidelines will be available, accessible and given to these individuals.
Amendment 141 #
2013/0024(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point c a (new)
Article 21 – paragraph 2 – point c a (new)
(ca) appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
Amendment 4 #
2012/2870(RSP)
Motion for a resolution
Citation 4
Citation 4
– having regard to the Negotiating Framework for Turkey of 3 October 2005, and the Declaration of the European Community and its Member States of 21 September 2005,
Amendment 6 #
2012/2870(RSP)
Motion for a resolution
Citation 4a (new)
Citation 4a (new)
- having regard to its resolutions on the Armenian-Turkey relations of 18 June 1987 and on the opening of negotiations with Turkey of 28 September 2005,
Amendment 143 #
2012/2870(RSP)
Motion for a resolution
Paragraph 7a (new)
Paragraph 7a (new)
7a. Expresses concern regarding the recent recurring killings, especially of four old women in Istanbul, of Turkish citizens of Armenian origin, which does not help the Turkish efforts towards the Turkish accession to the EU; calls upon the Turkish government to fully investigate this issue, in line with the legal democratic procedures, as they stem from all the relevant international conventions concerning the respect for human rights;
Amendment 151 #
2012/2870(RSP)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages Turkey to adopt the Human Rights Action Plan as prepared by the Ministry of Justice, in cooperation with the Council of Europe, based on the case law of the European Court of Human Rights (ECtHR) in order to address issues raised in judgements of the ECtHR where Turkey was found to violate the provisions of the European Convention on Human Rights (ECHR) and calls for their implementation; supports the Ministry of Justice and the High Council of Judges and Prosecutors (HCoJP) in providing judges and prosecutors with human rights training; welcomes the establishment by the HCoJP of new assessment criteria for judges and prosecutors rewarding respect for the provisions of the ECHR and judgements of the ECtHR;
Amendment 177 #
2012/2870(RSP)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 304 #
2012/2870(RSP)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Expresses once again its strong support to the reunification of Cyprus, based on a fair and viable settlement for both communities; underlines the urgency of an agreement between the two communities on how to proceed with the substantive settlement negotiations, socomprehensive settlement to the benefit of both communities based on the relevant UN Security Council Resolutions, international law, the principles on which the EU is founded and the EU acquis; calls on Turkey to also work intensively and in good will in that direction and underlines that the negotiating process, under the auspices of the UN Secretary-General, canmust soon regain momentum; calls on Turkey to immediately begin withdrawing its forces from Cyprus and transfer Famagusta to the UN in accordance with UNSC Resolution 550 (1984); recalls, in parallel, the proposal of the President onf the Republic of Cyprus to open, in parallel the port of Famagusta under EU auspices (customs supervision) in order to promote a positive climate for the successful solution of the ongoing reunification negotiations and allow Turkish Cypriotboth communities to trade directly in a legal manner that is acceptable to all;
Amendment 329 #
2012/2870(RSP)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Encourages Turkey to intensify its support for the Committee on Missing Persons in Cyprus, providing access to all military zones and relevant information, according to the ECtHR fourth interstate case decision;
Amendment 338 #
2012/2870(RSP)
Motion for a resolution
Paragraph 24a (new)
Paragraph 24a (new)
24a. Deplores Turkey's policy of settlement and calls on Turkey to refrain from further settlement of Turkish citizens on Cyprus, contrary to the Geneva Convention and the principles of international law, which alters the demographic balance on the island and impedes a future solution;
Amendment 363 #
2012/2870(RSP)
Motion for a resolution
Paragraph 25c (new)
Paragraph 25c (new)
25c. Calls on Turkey to recognise the genocide perpetrated in 1915 against the Armenians and thus pave the way to the establishment of stable neighbourhood policy;
Amendment 376 #
2012/2870(RSP)
Motion for a resolution
Paragraph 26a (new)
Paragraph 26a (new)
26a. Regrets that Turkey refused to convene the 70th JPC meeting as planned, during the second half of 2012 thus missing another opportunity to enhance the interparliamentary dialogue between the EU and Turkey;
Amendment 381 #
2012/2870(RSP)
Motion for a resolution
Paragraph 26b (new)
Paragraph 26b (new)
26b. Emphasizes that the UN Convention of the Law of the Sea (UNCLOS) has been signed by the EU, the 27 Member States and all other candidate countries and that it is part of the acquis communautaire; calls, therefore, on the Government of Turkey to sign and ratify it without further delay; recalls the full legitimacy of the Republic of Cyprus' Exclusive Economic Zone, in accordance with UNCLOS; regrets that Turkey has continued to act against and issue statements threatening retaliation against oil companies that would participate in explorations carried by the Republic of Cyprus in exercising its sovereign rights;
Amendment 406 #
2012/2870(RSP)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the decision to enhance cooperation between the EU and Turkey on a number of important energy issues and calls on Turkey to commit to this cooperation; believes that, in view of Turkey's strategic role, initial consideration should be given to the value of opening negotiations on Chapter 15 on energy with a view to furthering the EU- Turkey strategic dialogue on energy;
Amendment 5 #
2012/2263(INI)
Motion for a resolution
Citation 11
Citation 11
– having regard to the directives on asylum, particularly Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted3 and the Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, as well as Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals4 ,
Amendment 10 #
2012/2263(INI)
Motion for a resolution
Citation 13
Citation 13
– having regard to the contributions by the Council of Europe, particularly Resolution 1810 (2011) of its Parliamentary Assembly on ‘unaccompanied children in Europe: issues of arrival, stay and return’, and the recommendation of its Committee of Ministers to Member States on life projects for unaccompanied migrant minors (CM/Rec(2007)9) and the Twenty Guidelines on Forced Return of its Committee of Ministers CM(2005)40,
Amendment 25 #
2012/2263(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the reception and care of unaccompanied minors varies considerably from one country to another, and there being no consistency between Statesis no equivalent and effective level of protection;
Amendment 32 #
2012/2263(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that an unaccompanied minor is above all a minorchild who is potentially in danger and that child protection, rather than immigration control, must be the major consideration for States and the European Union when dealing with them;
Amendment 38 #
2012/2263(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls also that the overridingbest interests of the child, as enshrined in provisions and case- law, must take priority over any other consideration in any act taken with regard to them, whether by public authorities or by private institutions; calls on the Commission to propose a common reference framework, based on a set of indices, to assess what constitutes the overriding interests of a childencourage proper implementation of EU legislative provisions on the best interests of the child through, inter alia, the elaboration of strategic guidelines and the exchange of best practices, based on the UNCRC General Comment No. 6 (2005) for the treatment of unaccompanied and separated children outside their country of origin;
Amendment 48 #
2012/2263(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fragmentation of the European provisions concerning unaccompanied minors and urges the Commission to compile a manual drawing together these various legal bas, in its efforts to encourage implementation, to compile a practitioners’ handbook drawing together these various legal instruments as well as existing best practices;
Amendment 58 #
2012/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the lack of reliable official data on unaccompanied minors that could be used to respond better to their needs; calls on the Member States and the European Union to establish a coordinated method for gathering information in each Member State, by means of platforms bringing together all parties involved in the problem of unaccompanied minors, and to draw up a list of national contact points;
Amendment 61 #
2012/2263(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the European Union and Member States ought to step up their cooperation with third countries of origin and transit concerning the problem of unaccompanied minors, in preventing their arrival,and combating trafficking, irregular immigration, restoration of family ties, return and readmissionas well as protecting the victims of trafficking, restoring their family ties and ensuring the respect of their rights, in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS);
Amendment 74 #
2012/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, ascrucial, as often minors are particularly confronted with the risks of trafficking and exploitation, notably for sexual exploitation, and because action should also be taken in third countries to tackle the root causes of trafficking; Calls on Member States to properly implement the Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA and the EU Strategy towards the Eradication of Trafficking in Human Beings (2012-2016).
Amendment 86 #
2012/2263(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to devote specific headings to unaccompanied minors in the European Asylum and Migration Fund, particularly in the sections concerning asylum seekers, refugees, the external borders and return, and in the European Social Fund; Adequate long- term funding should be secured for programmes aiming at the identification of unaccompanied minors, adequate reception, protection, appointment of legal guardians, family tracing, resettlement and reintegration as well as for the training of border guards and authorities;
Amendment 98 #
2012/2263(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to draw up binding strategic guidelines for use by all Member States, which should draw inspiration from their best practices, take the form of common minimum standards and detail and to collect best practices in the field that address each stage in the process, from the arrival of a minor in European territory until an appropriate solution has been found for him/her;
Amendment 105 #
2012/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to comply strictly and without fail with the fundamental obligation never to place a minor in detention; Deplores the fact that the Amended proposal for a Directive of the European Parliament and of the Council laying down standards for the reception of asylum seekers did not ban the detention of unaccompanied minors asylum seekers and urges Member States to respect the exceptional circumstances benchmark set by the Directive.
Amendment 122 #
2012/2263(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Deplores the unsuitable and intrusive nature of the medical techniques used to ascertain age in some Member States; recommends that the Commission establish a common and recalls that medical examination should always be a measure of last resort; recommends a method for ascertaining age, consisting of a multidisciplinary assessment performed by independent, trained practitioners, and with minors always being given the benefit of the doubt; considers that it should be possible to appeal against the results of this assessment; welcomes the work of the European Asylum Support Office (EASO) on this subject, which should be taken as a basis for dealing with all minors; Recalls the fact that age assessment must be conducted in a scientific, safe, child and gender-sensitive and fair manner, avoiding any risk of violation of the physical integrity of the child; giving due respect to human dignity;
Amendment 137 #
2012/2263(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States, as soon as a minor arrives within their territory and until a lasting solution has been found, to appoint a person responsible for accompanying, assisting and representing him in all procedures; calls furthermore for this person to have specific training in the problems associated with unaccompanied minors and to act completely independently; calls on the Commission to establish common standarddraw up a collection of best practices concerning the mandate, functions, qualifications and, skills and training of this person;
Amendment 163 #
2012/2263(INI)
Motion for a resolution
Paragraph 16 – indent 4
Paragraph 16 – indent 4
– the right to health; – adequate health, material and psychological support should be provided to them; - immediate access to education, vocational training and socio-educational advice; - the right to leisure including the right to engage in play and recreational activities appropriate to their age;
Amendment 179 #
2012/2263(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the progress which has been made in asylum legislation; recalls, however, that unaccompanied minors should always be exempted from expedited procedures and from procedures at the borderurges Member States to always exempt unaccompanied minors from accelerated and border procedures; recalls also that the State responsible for an asylum application by an unaccompanied minor should always be the State of the most recent asylum application;
Amendment 194 #
2012/2263(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses firmly that the ultimate aim, once an unaccompanied minor has arrived in European territory, must be to seek an appropriate solution for him/her, which respects his/her best interests; recalls that efforts to achieve this must always begin with an examination of the possibilities of family reunification;
Amendment 3 #
2012/2223(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that many useful instruments already exist at an EU level and that these instruments include the EU Crisis and Coordination Arrangements, Civil Protection, EEAS Crisis Response and Operational Coordination, EU Intelligence Analysis Centre, First Response Network, CBRN Action Plan, ARGUS and agencies such as Frontex; notes that the Solidarity Clause should avoid creating new instruments an, rather than creating yet new instruments, the Solidarity Clause should opt for the coordination or strengthening of these instruments for the purposes of preventing and responding to disasters and attacks in accordance with the principles of necessity and proportionality;
Amendment 7 #
2012/2223(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to detail the situations which will trigger the Solidarity Clause, as well as the procedure for it to be applied, including the proper involvement of the national parliaments and the European Parliament; encourages the Commission to outline a fair system laying out how Member States should pool in the necessary equipment or resources in the spirit of solidarity if the need arises;
Amendment 12 #
2012/2223(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to use a broad definition of disasters and attacks, also taking into account cyber terrorism, emergencies emanating from sudden migration flows or from serious incidents happening outside the Union with a direct and substantial impact on a Member Statdefine clearly the terms disasters and attacks in order for this clause to be workable in practice;
Amendment 16 #
2012/2223(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 20 #
2012/2223(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Believes that the European Parliament and the Council, as the EU legislators and budgetary authorities, should be kept informed of the situation "on the ground" in the case of a disaster or attack that triggers the Solidarity Clause, as well as of its origins and possible consequences so that a thorough and unbiased assessment based on up-to- date and concrete information can be carried out for future reference.
Amendment 1 #
2012/2214(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the high number of agencies which were created in this policy area but stresses that the creation of every new agency was based onon the basis of a real need; is convinced that all the agencies in this policy area should fulfil a distinct and necessary role providing for European added-value; requests, therefore, that a thorough evaluation is carried out at regular intervals to assess the extent of their continuing necessity;
Amendment 7 #
2012/2044(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas market failure has led to excessive costs for telephone and internet services, such as rates for roaming,
Amendment 20 #
2012/2044(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recognises that increased mobility of qualified labour willcan contribute to making Europe more competitive, and to this end it is necessary to adopt a modern framework for recognising professional qualifications;
Amendment 44 #
2012/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Recalls the decision of the European Parliament calling on all the parliamentary committees to apply the principles of the SME test to legislative reports when they have been voted on by the relevant committee and are being submitted to plenary for approval, and emphasises the need for quick implementation of this decision. (Justification: This decision originated in an opinion of the IMCO committee and was adopted in paragraph 38 of the Karim report (A7- 0251/2011).)
Amendment 53 #
2012/2044(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Emphasises that it is equally important that citizens can make known their concerns in relation to the internal market and can forward their suggestions in a manner that their voice will be better heard both within the European Commission and the European Parliament.
Amendment 54 #
2012/2044(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Commission to make use of all technological resources available to launch a dialogue with citizens on the single market, by making information campaigns informing the citizens of the benefits of the single market and of their rights, thus encouraging them to participate in creating a competitive, just and balanced market highly interactive;
Amendment 59 #
2012/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the importance of involving local and regional authorities, jointly with civil society, in information campaignsa dialogue, with particular attention given to information campaigns in schools and universities in order to preparinvolve the next generation for a more active European citizenship.
Amendment 8 #
2012/2040(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that incisive actions to inform consumers on conditions and requirements for safe electronic payments should be put in place at European level, in order to raiseinform consumers’ awareness more fully and overcome frequently ungrounded worries about these forms of payments;
Amendment 23 #
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, 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; at the same time it is necessary to devise mechanisms and safeguards to ensure that the costs are not, in one way or another, once more passed on to consumers;
Amendment 33 #
2012/2040(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Affirms that a self-regulatory approach is not sufficient; considers that the Member States, together with the Commission and ECB, should take a more active and leading role in the SEPA governance and that all relevant stakeholders, in particular associations of consumers, should be properly involved and consulted in the decision making process.
Amendment 2 #
2012/2032(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union has committed itself to completing the establishment of a Common European Asylum System (CEAS) in 2012 by setting up a common area of protection and solidarity based on a common asylum procedure and uniform status for people who have been granted international protection;
Amendment 4 #
2012/2032(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas solidarity has been recognised as an essential component and a guiding principle of the CEAS from the outset, as well as constituting a core principle in EU law according to which Member States should share both advantages and burdens in an equal and fair manner;
Amendment 10 #
2012/2032(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasises the central role and horizontal effect of solidarity and responsibility-sharing in the establishment of a CEAS; reiterates the need to ensure the efficient and uniform application of the Union's asylum acquis and implementation of legislation in order to ensure high levels of protection;
Amendment 13 #
2012/2032(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that the principle of solidarity and responsibility-sharing is enshrined in the Treaties, and that an effective solidarity framework includes, at the least, the duty on the part of the EU institutions and agencies and the Member States to cooperate in order to find ways to give effect to this principle; Asserts that solidarity is not limited to Member States‘ relations with each other, but is also aimed at asylum seekers and beneficiaries of international protection;
Amendment 15 #
2012/2032(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the fact that there has been a sharp decrease in the number of asylum applications in the past decade in the EU; highlights that certain Member States face disproportionate asylum requests compared to others, and that asylum applications are unevenly spread across the EU; recalls that in 2011, ten Member States accounted for more than 90 % of asylum applications, that up to the summer of 2011 only 227 beneficiaries of international protection were relocated within the EU from Malta, to six other Member States, and that in 2011, 4 125 refugees were resettled to 10 EU Member States, representing approximately 6.6 % of all persons resettled during that year; stresses that it is crucial to identify these inequalities by, inter alia, comparing absolute numbers and capacity indicators;
Amendment 26 #
2012/2032(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that although the number of asylum applications is not constant, it is predictable to some extent, especially as regards EU entry points; calls for measures to boost the preparedness of the asylum systems of those Member States located at the main EU entry points, as a sign of practical solidarity;
Amendment 29 #
2012/2032(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls for optimisation of the use of existing measures, as well as development of new targeted measures and tools in order to respond to ever-changing challenges in a flexible yet effective manner; such optimisation is particularly timely given the acute financial crisis afflicting the EU, which is putting additional strain on Member States' efforts to cope efficiently with asylum procedures, particularly in the case of those receiving disproportionate numbers of asylum seekers;
Amendment 30 #
2012/2032(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Notes that in the light of growing needs with respect to refugees at a global level, cooperation with third countries in the context of environmental and development policies can play a vital role in the construction of relationships guided by solidarity;
Amendment 34 #
2012/2032(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Regrets the rise of xenophobia and racism and of negative and misinformed assumptions about asylum seekers and refugees accompanying socio-economic insecurity in the EU; taking into account the crucial role of public opinion and society in the functioning of the CEAS, recommends that Member States undertake awareness- raising campaigns on the actual situation of asylum seekers and beneficiaries of international protection, stressing the importance of international protection; recommends working together with civil society to this end in order to benefit from its experience and expertise;
Amendment 40 #
2012/2032(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls the need for EASO to provide technical support and specific expertise to Member States when implementing the asylum legislation, and for the European Commission to use the information gathered by the EASO to identify potential shortcomings in Members States‘' asylum systems; underlines, in this respect the importance of presenting regular reports and drawing up action plans in order to promote targeted solutions and recommendations for improving the CEAS and remedying potential deficiencies;
Amendment 44 #
2012/2032(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that EASO's activities should focus on both long-term preventive objectives and short-term reactive measures, in order to respond adequately to different situations; considers, therefore, that while EASO should support capacity-building measures for underdeveloped or dysfunctional asylum systems, it should give priority to emergency situations and to Member States facing particular or disproportionate pressures; emphasises, in this respect, the crucial role of Asylum Expert Teams in assisting with heavy caseloads and backlogs, providing training, undertaking project management, advising and recommending concrete measures, and monitoring and implementing follow-up measures;
Amendment 45 #
2012/2032(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Takes note of the operational plan in place to support the Greek asylum system and improve the situation of asylum seekers and beneficiaries of international protection in Greece; underlines that despite some progress achieved, additional efforts are needed from both the EU and the Greek authorities to improve the asylum system and ensure that asylum seekers' rights are respected in full; recalls that measures to reduce the budget deficit preclude allocating national funds to hire more officials, and recommends that this problem be addressed, since a well-functioning asylum authority is necessary to enable Greece to fulfil its obligations under international and EU law;
Amendment 49 #
2012/2032(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes note of the recommendation of the Commission and Council regarding inter-agency cooperation between EASO and Frontex, and stresses that the full and swift implementation of Frontex's Fundamental Rights Strategy is a sine qua non for any such cooperation in the context of international protection, including appointing a Human Rights Officer, setting up the consultative forum with civil society, and inviting international organisations to participate in its activities as human rights observer; emphasises that any cooperation must be viewed in the context of increasing protection standards for asylum seekers; stresses that border measures should be applied in a protection-sensitive manner;
Amendment 50 #
2012/2032(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Reaffirms the crucial role of the Fundamental Rights Agency (FRA) in providing advice, expertise and guidance for dealing with mixed migration flows;
Amendment 51 #
2012/2032(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Recognises the need to review EASO's mandate regularly, in order to ensure adequate responsiveness to the different challenges faced by asylum systems; bearing in mind that all action undertaken by EASO depends on Member States' goodwill, suggests considering the possibility of introducing structural safeguards within EASO's mandate so as to ensure that practical cooperation and technical assistance are provided where necessary;
Amendment 56 #
2012/2032(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the creation as from 2014 of a simpler and more flexible Asylum and Migration Fund (AMF), which will replace the European Refugee Fund, the European Fund for the Integration of Third-Country Nationals and the European Return Fund; and underlines the need to allocate substantial and sufficient resources to support the protection of beneficiaries of international protection and asylum seekers; stresses, in this respect, the importance of including safeguards within the AMF, in order to prevent excessive allocation of funds to only one policy area at the expense of the CEAS as a whole; recalls that there should always be sufficient resources to fund international protection and solidarity measures for Member States;
Amendment 57 #
2012/2032(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Encourages the Member States to make full use of the possibilities available under the European Refugee Fund (ERF) in terms of undertaking targeted actions for the improvement of asylum systems; recommends that the Member States take action to address issues such as cumbersome bureaucratic procedures, absorption delays and liquidity problems, in order to ensure an effective and swift distribution of funds;
Amendment 63 #
2012/2032(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the home affairs policy dialogues with individual Member States on their use of the funds preceding multiannual programming; recommends reinforcing the partnership principle by including civil society, local authorities and relevant stakeholders both in policy dialogues and in the preparation, implementation, monitoring and evaluation of the objectives and programmes, since national partners' and civil society actors' experience on the ground is essential for setting realistic priorities and developing sustainable programmes, as well as for purposes of monitoring;
Amendment 65 #
2012/2032(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates the commitment to set up mechanisms based on solidarity that will promote more balanced responsibility- sharing between Member States in receiving persons in need of international protection and bearing the consequences thereof; Believes that the establishment of a clearer and more effective system of financial incentives for Member States participating in relocation activities and proactive strategies aimed at improving the infrastructures of national asylum systems, will havecontribute to the establishment of a level playing field between Member States in terms of reception conditions and protection recognition rates, thus having a long-term positive effect on the convergence of standards in the EU and the quality of the CEAS; recommends that Member States make use of the financial incentives available through the funds for relocation activities;
Amendment 72 #
2012/2032(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the importance of financial responsibility-sharing in the field of asylum, and recommends creating a well- resourced mechanism to compensate Member Statesfor receiving higher numbers of asylum seekers and beneficiaries of international protection, in either absolute or proportional terms, and to help those with less developed asylum systems; considers that further research is required to identify and quantify the real costs of hosting and processing asylum claims; calls, therefore, on the Commission to undertake a study in order to assess the funds that should be allocated according to the responsibility borne by each Member State, on the basis of indicators such as: the number of first asylum applications, the number of positive decisions granting refugee status or subsidiary protection, the number of resettled and relocated refugees, the number of return decisions and operations, and the number of apprehended irregular migrants;
Amendment 73 #
2012/2032(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Recommends that Member States make use of the financial incentives available through the funds for relocation activities, acknowledging that financial assistance through the fund and technical assistance through the EASO are important; suggests introducing priority areas to address urgent situations and provide more substantial financial assistance to Member States wishing to participate in relocation initiatives, in order to alleviate the related financial costs;
Amendment 74 #
2012/2032(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Welcomes the possibilities to increase the Commission's contribution to up to 90 % of the total eligible expenditure for projects that could otherwise not have been implemented and up to 100 % for emergency assistance; considers that a clear added value should emerge from projects funded up to 90 % by the Commission;
Amendment 75 #
2012/2032(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17 c. Urges the Member States, with the assistance of the Commission, to ensure the full exploitation of existing complementarities between other available financial instruments such as the European Social Fund and other Structural Funds, in order to achieve a holistic funding approach for asylum- related policies;
Amendment 76 #
2012/2032(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines the problems currently linked to the funding of activities in terms of obstacles to access to accurate information and funding, the setting-up of realistic and tailored objectives and the implementation of effective follow-up measures; suggests introducing safeguards to avoid duplication, the clear allocation of funding, and the thorough examination of activities' added value and the results achieved;
Amendment 83 #
2012/2032(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the Commission's commitment to performing a comprehensive evaluation of the Dublin system in 2014, reviewing its legal, economic, social and human rights effects; considers that further reflection is needed on the development of an equitable responsibility-sharing mechanism for determining which Member State should be responsible for processing asylum applications;
Amendment 88 #
2012/2032(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the Dublin Regulation, which governs the allocation of responsibility for asylum applications, while placing a disproportionate burden on Member States constituting entry points into the EU, does not provide the means for them to respond adequately to the administrative and financial demands involved; notes that the Dublin system as it has been applied so far has led to the unequal treatment of asylum seekers across the EU while also having an adverse impact on family reunification and integration; stresses, moreover, its shortcomings in terms of efficiency and cost-effectiveness, since more than half of agreed transfers never take place and there is still a significant number of multiple applications are still the rule;
Amendment 95 #
2012/2032(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that the relevant case-law suspending transfers under the Dublin Regulation, while providing an answer to individual cases, fails to overcome the structural shortcomings of the Dublin system as a whole; welcomes, therefore, the efforts to include additional criteria in Dublin II in order to mitigate the system's unwanted adverse effects; believes that discussions for the determination of the Member State responsible must take account of the fact that some Member States are already facing disproportionate pressures and some asylum systems are partially or fully dysfunctional;
Amendment 96 #
2012/2032(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Deems it essential to engage in further dialogue with regard to responsibility- sharing towards asylum seekers and beneficiaries of international protection, including on the use of tools such as the joint processing of asylum applications (hereafter ‘joint processing’) and relocation schemes in order to create a framework for the transfer of protection of beneficiaries of international protection and mutual recognition of asylum decisions contributing to higher asylum protection standards;
Amendment 97 #
2012/2032(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that joint processing could constitute a valuable tool for solidarity and responsibility-sharing in preventing or rectifyingvarious cases, in particular where Member States face significant or sudden influxes of asylum seekers or there is a substantial backlog of applications which delays and undermines the asylum procedure at the expense of asylum applicants; joint processing could prevent or rectify capacity problems, reducinge the burdens and costs related to asylum processing, and ensuringe a more equitable sharing of responsibility for the processing of asylum applications;
Amendment 101 #
2012/2032(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the feasibility study launched by the Commission to investigate the legal and practical implications of joint processing on Union territory, since clarification is needed with respect to a series of issues, such as the types of situation where joint processing could be useful for asylum seekers and for Member States; the administrative and financial implications of joint processing; the link with the mutual recognition of asylum decisions; the status of persons subject to joint processing; and the link with the relocation of beneficiaries of international protection and the Member State mainly responsible for the processing;
Amendment 103 #
2012/2032(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Emphasises that joint processing should offer added value with respect to the quality of the decision-making process, ensuring and facilitating fair, efficient and rapid procedures; underlines the fact that improving asylum procedures from the outset (frontloading) can reduce the length and cost of the procedure, therefore benefiting both asylum seekers and Member States;
Amendment 106 #
2012/2032(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26 b. Considers that EASO's role could be valuable in putting together, training and coordinating asylum support teams which would provide assistance, advice, and recommendations for first-instance procedures;
Amendment 108 #
2012/2032(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Recommends that the envisaged schemes with regard to joint processing should prioritise options involving the deployment and cooperation of the relevant authorities, rather than the transfer of asylum seekers;
Amendment 111 #
2012/2032(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that, under certain conditions, the physical relocation of beneficiaries of international protection and asylum seekers is one of the most concrete forms of solidarity and can make a significant contribution to a more equitable CEAS; emphasises that while it also represents a solid expression of commitment to international protection and the promotion of human rights, so far few Member States have engaged in relocation initiatives;
Amendment 114 #
2012/2032(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of projects such as the European Union's Relocation Project for Malta (EUREMA), which relocates beneficiaries of international protection from Malta to other Member States, and advocates developing more initiatives of this kind; calls on Member States to participate more actively in such initiatives; welcomes the Commission's commitment to undertake a thorough evaluation of the EUREMA project and submit a proposal for a permanent EU Relocation Scheme;
Amendment 117 #
2012/2032(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Underlines that EU resettlement and intra-EU relocation schemes are complementary measures aimed at reinforcing the protection of asylum seekers and beneficiaries of international protection while showing both intra- and extra-EU solidarity;
Amendment 124 #
2012/2032(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to include strong procedural safeguards and clear criteria in its proposal for a permanent EU relocation scheme, in order to guarantee potential beneficiaries‘ best interests recommends involving the host community, civil society and local authorities from the outset in relocation initiatives; ; such safeguards should ensure that beneficiaries are provided with accurate and complete information as to their situation and potential relocation, as well as being given sufficient time and proper conditions enabling them to make an informed decision, that they consent to being relocated, that refusal to be relocated does not prejudice their situation in any way, and that the selection procedure is based on transparent and non-discriminatory criteria; recommends involving the host community, civil society and local authorities from the outset in relocation initiatives as such an inclusive and comprehensive approach is beneficial both to relocated persons and to the receiving Member State;
Amendment 126 #
2012/2032(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines that while relocation can both offer lasting solutions for beneficiaries of international protection and alleviate Member States‘ asylum systems, it must not result in responsibility shifting; insists that relocation should include strong commitments from Member States benefiting from relocation to effectively address protection gaps in their asylum system and to guarantee high levels of protection for those remaining in the sender Member States in terms of reception conditions, asylum procedures and integration;
Amendment 127 #
2012/2032(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. Believes that special attention should be paid to assessing whether relocation efforts are undermined by the transfer of asylum seekers under the Dublin Regulation;
Amendment 130 #
2012/2032(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the funding possibilities provided under the AMF for relocating asylum seekers, and encourages Member States to engage in voluntary initiatives, while fully respecting asylum seekers‘ rights and the need for their consent; calls on the Commission to investigate the feasibility of developing an EU system for relocating asylum seekers, and to submit a proposal for a viable and sustainable programme for the internal relocation of asylum seekers, such a programme could be applied as a solidarity measure in situations where the number of asylum seekers is disproportionally high in relation to the capacity of a Member State's asylum system, or in cases of emergencies;
Amendment 133 #
2012/2032(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Recalls EASO's mandate with regard to promoting the relocation of beneficiaries of international protection amongst Member States and calls on the Agency to build its capacity in order to actively support relocation programmes and activities in close cooperation with the UNHCR, through exchange of information and best practices and through coordination and cooperation activities;
Amendment 138 #
2012/2032(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Believes that early warning mechanisms introduced to detect and address emerging problems before they lead to crises can constitute a valuable tool; considers, nevertheless, that complementary solutions should also be envisaged, so as to avoid infringing fundamental rights and ensure the proper functioning of asylum systems;
Amendment 143 #
2012/2032(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Stresses that while infringement proceedings can be appropriate under certain circumstances to ensure the proper functioning of a Member State's asylum system, they should be considered a measure of last resort and must be accompanied by support measures, operational plans and oversight mechanisms, in order to yield results and not overwhelm already burdened systems; underlines the importance of regular evaluations, constructive dialogue, and exchange of best practice, as crucial elements that are more likely to produce positive developments in asylum systems where deficiencies are identified;
Amendment 145 #
2012/2032(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Welcomes the extension of the EU long-term resident directive (2003/109/EC) to cover refugees and beneficiaries of subsidiary protection enabling them to acquire long-term resident status on a basis similar to that applying to other third-country nationals legally resident in the EU for more than five years; considers that while this does not constitute a solidarity measure per se, it does amount to an indirect solidarity measure by potentially contributing to the integration and more equal distribution of beneficiaries of international protection in the EU; calls on the Member States to transpose the amending directive 2011/51/EU into their national law;
Amendment 147 #
2012/2032(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Underlines that migration management can increase mutual trust and solidarity measures only if coupled with a protection- sensitive approach under which border measures are carried out without prejudice to the rights of refugees and persons requesting international protection; reaffirms in this respect the obligation to balance border controls and refugee protection;
Amendment 153 #
2012/2032(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes that restrictive visa regimes and enhanced border controls can have adverse effects on access to international protection in, as they preventing persons in need from reaching the EU and reiterates the need to apply measures in a protection-sensitive manner; or lead to persons in need of protection choosing dangerous migration routes and exposing themselves to smugglers and traffickers in their attempts to reach the EU; reiterates, therefore, the need to apply measures aimed at preventing unauthorised crossings of the EU's external borders and combating smuggling of and trafficking in human beings in a protection-sensitive manner, paying due regard to the specific situation of persons requesting international protection in the EU;
Amendment 157 #
2012/2032(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Considers that a significant effect of a protection-sensitive application of visa policies would be a reduction in the numbers of asylum seekers subject to procedures under the Dublin II geographical distance and travel facilities, this in its turn would contribute to a more even distribution of asylum seekers and responsibility sharing;
Amendment 159 #
2012/2032(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. WelcomesRecalls the Commission's commitment to facilitate the orderly arrival of persons in need of protection to the EU, and calls on the Commission to explore new approaches concerning access to asylum procedures; welcomes, in this respect, the Commission's commitment to adopt a ‘"Communication on new approaches concerning access to asylum procedures targeting main transit countries’" by 2013;
Amendment 2 #
2012/2004(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges that social businesses have the potential to provide innovative responses to the currentemployers are obliged to provide equal opportunities and respect high social standards. They should not reduce costs through discrimination, by tolerating inequality or by undermining social stand economic problems; encourages, therefore, the development of a supportive regulatory frameworkards. All citizens have the right to work and therefore, access to work for vulnerable citizens should not be through social businesses only. Instead, we support the allocation of financial anid the provision of financial support to enable them to grow and surviveo vulnerable citizens through social security systems, work for all and financial support from the European Union to the Member States for development to create the jobs needed;
Amendment 4 #
2012/0309(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Exemption from the visa requirement for nationals of Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu should not come into force until bilateral agreements on visa waiver between the Union and the countries concerned have been concluded in order to ensure full reciprocity.
Amendment 6 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 1 – point a
Article 1 – point 1 – point a
(a) in point 1, the references to Dominica, Grenada, Kiribati, Marshall Islands, Micronesia, Nauru, Palau, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Solomon Islands, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, the United Arab Emirates and Vanuatu are deleted and a reference to South-Sudan is inserted;
Amendment 7 #
2012/0309(COD)
Proposal for a regulation
Article 1 – point 2 – point a – two last references
Article 1 – point 2 – point a – two last references
"Tuvalu*", "United Arab Emirates*" and "Vanuatu*"
Amendment 22 #
2012/0261(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 25 #
2012/0261(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to achieve the objectives of Regulation (EC) No 273/2004, 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 to specify the requirements and conditions for the granting of the licence and registration, for obtaining and using customer declarations, for the documentation and labelling of mixtures, for provision of information by the operators on transactions involving scheduled substances, for listing operators and users having obtained a licence or registration in the European register and in order to amend the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
Amendment 26 #
2012/0261(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The examination procedure should be used for the adoption of the implementing acts in order to set up details on how customer declarations should be provided in electronic form; to set up details on how to provide the information about transactions of operators with scheduled substances to a European database.
Amendment 28 #
2012/0261(COD)
Proposal for a regulation
Article 1 – point 2 – point f
Article 1 – point 2 – point f
Regulation (EC) N) 273/2004
Article 3 – paragraph 8
Article 3 – paragraph 8
Amendment 31 #
2012/0261(COD)
Proposal for a regulation
Article 1 – point 2 – point f
Article 1 – point 2 – point f
Regulation (EC) No 273/2004
Article 3 – paragraph 9 – point c
Article 3 – paragraph 9 – point c
Amendment 36 #
2012/0261(COD)
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation No 273/2004
Article 13a
Article 13a
Amendment 42 #
2012/0261(COD)
Proposal for a regulation
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 273/2004
Article 13b –paragraph 2
Article 13b –paragraph 2
Amendment 44 #
2012/0261(COD)
Proposal for a regulation
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 273/2004
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
Amendment 87 #
2012/0011(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The processing of personal data is designed to serve man; the principles and rules on the protection of individuals with regard to the processing of their personal data should, whatever the nationality or residence of natural persons, respect their fundamental rights and freedoms, notably their right to the protection of personal data. It should contribute to the accomplishment of an area of freedom, security and jusDuring the processing and transfer of data within the internal market, the right to protection of privacy and protection of personal data, as defined in Article and8 of an economic union, to economic and social progress, the strengthening and the convergence of the economies within the internal market, and the well-being of individualthe Charter of Fundamental Rights and in Article 16.2 TFEU, should be respected. The processing and transmission of data in the single market should be limited by the right to protection under Article 8 of the Charter of Fundamental Rights.
Amendment 88 #
2012/0011(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The process of economic and social integration resulting from the functioning of the internal market has led to a substantial increase in cross-border flows. The exchange of data between economic and social, public and private actors across the Union increased. National authorities in the Member States are being called upon by Union law to co-operate and exchange personal data so as to be able to perform their duties or carry out tasks on behalf of an authority in another Member State.
Amendment 89 #
2012/0011(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) These developments require building a strong and more coherent data protection framework in the Union, backed by strong enforcement of legislation protecting personal data, given the importance to create the trust that will allow the digital economy to develop across the internal market. Individuals should have control of their own personal data and legal and practical certainty for individuals, economic operators and public authorities should be reinforced.
Amendment 91 #
2012/0011(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The objectives and principles of Directive 95/46/EC remain sound, but it has not prevented fragmentation in the way data protection is implemented across the Union, legal uncertainty and a widespread public perception that there are significant risks for the protection of individuals associated notably with online activity. Differences in the level of protection of the rights and freedoms of individuals, notably to the right to the protection of personal data, with regard to the processing of personal data afforded in the Member States may prevent the free flow of personal data throughout the Union. These differences may thereconstitute an obstacle to the provision of adequate data protection fore constitute an obstacle to the pursuit of economic activities at the level of the Union, distort competition and impede authorities in the discharge of their responsibilities under Union law. This difference in levels of protection is due to the existence of differences in the implementation and application of Directive 95/46/ECitizens and by extension infringe their rights. A Directive is therefore being proposed to ensure effective compliance with the principle of subsidiarity and contribute to better data protection in Member States where the protection level is higher.
Amendment 92 #
2012/0011(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure consistent and high level of protection of individuals and to remove the obstacles to flows of personal data, the level of protection of the rights and freedoms of individuals with regard to the processing of such data should be equivalent in all Member States. Consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data should be ensured throughout the Union. Harmonisation should allow Member States to adopt in their national law provisions preventing any potential degradation in the level of personal data protection in Member States where the law provides more stringent protection.
Amendment 93 #
2012/0011(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure a consistent level ofSince there is a risk that personal data protection fmay be subor dindividuals throughout the Union and to prevent divergenceated to the free movement of data, there is a risk of an imbalance between the objectives of the fundamental right to data protection and the objectives of the single market to the detriment of the former, and on the basis thampert Member States should retaing the free movement of data within the internal market, a Regulationright to impose stricter limits on the protection of personal data than those provided for in the new legislation, and with a view to ensuring an enhanced level of protection for physical persons throughout the Union, a new Directive is necessary to provide legal certainty and transparency for economic operators, including micro, small and medium-sized enterprises, and to provide individuals in all Member States with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the processing of personal data, and equivalent sanctions in all Member States as well as effective co-operation by the supervisory authorities of different Member States. To take account of the specific situation of micro, small and medium-sized enterprises, this RegulationDirective includes a number of derogations. In addition, the Union institutions and bodies, Member States and their supervisory authorities are encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of this RegulationDirective. The notion of micro, small and medium-sized enterprises should draw upon Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises.
Amendment 96 #
2012/0011(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 97 #
2012/0011(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Clear proof that the behaviour of physical persons is being monitored in order to analyse or to predict their personal preferences, behaviour, habits and attitudes is provided by search engines that derive part of their revenue from targeted advertising, exploiting the collection of personal data of their visitors or the analysis of their profile and they should fall clearly within the scope of the Directive. The same should apply to social networks and websites that offer server space and, in some cases, software storage, which also could collect user data for commercial purposes.
Amendment 105 #
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 adult data subject's wishes, as specifically described in the New York Convention, 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 which clearly indicates in this context the data subject's acceptance of the proposed processing of their personal data. 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 request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
Amendment 245 #
2012/0011(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
The controller shall communicate any rectification or erasure carried out in accordance with Articles 16 and 17 to each recipient to whom the data have been disclosed, unless this proves impossible or involves a disproportionate effort.
Amendment 254 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point b
Article 14 – paragraph 5 – point b
Amendment 285 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The data subject shall have the right to object, on grounds relating to their particular situation, at any time to the processing of personal data which is based on points (d), (e) and (f) of Article 6(1), unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject.
Amendment 6 #
2011/2272(INI)
Motion for a resolution
Recital Β
Recital Β
(B) Whereas the single marketEuropean Commission and the Member States must ensure, also, a high level of protection for vulnerable consumers and of strengtheningthe improvement of their capabilities, and their standard of living.
Amendment 30 #
2011/2272(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks the Commission and encourages the Member States to maintain constant and close observation of social and consumer behaviour and conditions that may place certain groups or individuals in vulnerable situations in order to prevent such behaviour, and to put an end to vulnerability, when it occurs, through specific protection measures;
Amendment 53 #
2011/2272(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets that the efforts of the European Commission are centred principally on promoting consumer empowerment; although the Commission’s concern that European consumers be better informed about their options and their rights is laudable, and all action in this regard contributes to a more efficient internal market, this focus is clearly insufficient to protect vulnerable consumers, who require specific attention and special legislation;
Amendment 57 #
2011/2272(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that many consumers’ vulnerability also results precisely from their lack of assertiveness and comprehension of the information they receive or of the options available, or from their lack of awareness of the existing complaint and redress schemes, especially in the case of cross- border consumption and online commerce, but mainly, for economically vulnerable consumers, from the high cost of securing essential goods and services;
Amendment 71 #
2011/2272(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that Directive 2011/83/EU on consumer rights strengthens pre- contractual and contractual information requirements, articulating a stronger right of withdrawal when the provider or seller has failed to fulfil his legal obligation to provide said information, and requiring that it be conveyed in a clear and comprehensible manner; notes that, in spite of this, vulnerable consumers may be incapable of reading or assimilating, assimilating or sufficiently understanding their obligations or the information given to them;
Amendment 98 #
2011/2272(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. DUrges the Commission to include in its basic priorities the protection of children, in particular, as vulnerable consumers and to ban television and direct advertising of harmful products targeted at children under twelve years of age; deplores 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 obesity; calls on the actors involved to educate and inform minors about the importance of a balanced diet;
Amendment 120 #
2011/2272(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores that the digitalisation of services and the added cost that the management thereof poses for brick-and- mortar offices and stores may mean that senior consumers, who are the ones primarily affected by the digital divide, cannot take advantage of the benefits of online commerce and are also impacted by the ‘poverty premium’, paying more for the same products. It does not follow that online commerce is a method of combating poverty;
Amendment 3 #
2011/2182(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes this report and reiterates that the Single Market can only be fully realised by removing the remaining cross- border barriers standing in the way of the free movement of persons, goods, services and capital, thus offering tangible benefits to European citizens and businesses; under no circumstances, however, may this economic integration be achieved or allowed to evolve at the expense of workers, worker rights, the social acquis which EU is called upon to uphold or the environment;
Amendment 3 #
2011/2157(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers it essential that the EU fulfil, through its revised neighbourhood policy, the aspirations of those who fought for democracy and humdemocratic, political, economic, cultural and social aspirations of citizens and nationals of the states covered by the European rNeightsbourhood Policy (ENP), including their right to mobility and free movement;
Amendment 12 #
2011/2157(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the review of the ENP creates an opportunity for the EU to effectively carry out its obligations as laid down in Articles 2, 3, 6, 8 and 21 of the TEU; and to modify all aspects of its relations with the ENP countries – including the economic and social dimensions – accordingly, with a view to facilitating democratisation and the success of the ENP in those countries and the implementation of more humane migration policies consistent with the international standards the EU has agreed upon with those countries;
Amendment 13 #
2011/2157(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Expresses disappointment at the continued adoption in the EU countries of an approach consisting in outsourcing the management of immigration to the EU to third countries, in particular those on the southern shore of the Mediterranean;
Amendment 16 #
2011/2157(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Deplores the fact that the new neighbourhood strategy proposed by the Commission continues to be based on the principle of making access to closer cooperation in other areas conditional on effective action to combat illegal immigration, inter alia through re-entry agreements that also apply to third country nationals;
Amendment 17 #
2011/2157(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Expresses disappointment, therefore, at the discrepancy between, on the one hand, the EU’s statements of intent concerning the promotion of democracy and human rights in neighbouring countries and, on the other, the way in which these aspects are addressed in the context of migration policy; calls, therefore, for the EU to act on its statements about human rights and democracy by making the promotion of, and respect for, migrants’ rights a key focus of the strategy it intends to develop with its neighbourhood partners, in particular those in the south;
Amendment 18 #
2011/2157(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Agrees with the Commission’s observations concerning the situation with regard to migration for family reasons, and calls on it to present a Green Paper on the subject by the end of the year;
Amendment 22 #
2011/2157(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Council and the Commission to set up a structured dialogue with third country authorities in order to develop a win-win approach to mobility and progress towards visa liberalisation beyond a visa facilitation only for targeted groups; and to evaluate the existing mobility partnerships, particularly the adverse effects of the interdependence between development aid, regular migration and irregular migration as defined in the Global Approach to Migration;
Amendment 36 #
2011/2157(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States and the EU to ratify the UN Migrant Workers ConventionConvention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which has been ratified by the south Mediterranean countries;
Amendment 48 #
2011/2157(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to favour the channelling of EU funds to projects aimed at protecting migrants’ rights, and more generally – in conjunction with other EU bodies, in particular the European funding and investment organisations (such as the EIB and the EBRD) – to projects seeking to promote democratisation, economic growth and cultural and social development in the ENP countries;
Amendment 66 #
2011/2157(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Council to urgently address the refugee crisis by conducting an enquiry into the shipwrecks of boat people, providingrelated cases of failure to lend assistance at sea, the problems encountered by NATO ships in disembarking shipwrecked migrants and the virtually systematic ‘refoulement’ of migrants to Tunisia, to work in cooperation with the Commissioner for Human Rights of the Council of Europe’s Parliamentary Assembly, to provide the EP with a detailed report on the Frontex Hermes operation, to condemning the agreement concluded between the Italian authorities and the Transitional National Council of Libya, to ask the Italian Government for the text of the agreement concluded with the Tunisian Government, to providinge support to Egypt, Tunisia, Turkey and Lebanonthe countries concerned, including Egypt and Tunisia, in particular by exploring the possibility of setting up a humanitarian corridor, and to unblocking without delay the negotiations on the Joint EU Resettlement Programme;
Amendment 12 #
2011/2150(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that there still exist uncertainty regarding the obligation to inform passengers about their rights; Calls on the Commission to clarify the obligation to inform passengers under Article 14(2) by considering it fulfilled once the passengers have been properly informed at the time of their booking, either by receiving an information leaflet with their booking in a travel agency, or by having to read the information and accept it before being able to make an online booking; and in addition once the airline has made an announcement at the airport that the flight is delayed and that further information on passengers rights can be retrieved at a clearly indicated location at the airport;
Amendment 17 #
2011/2150(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to clarify that in case one flight within a rotation is delayed or cancelled due to an extraordinary circumstance, the airline can also refer to that extraordinary circumstance for the first succeeding flight within that same rotation;
Amendment 21 #
2011/2150(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission to come up with guidelines on the correct interpretation of 'extraordinary circumstances';
Amendment 23 #
2011/2150(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Calls upon the Commission to further clarify which questions might still need clarification;
Amendment 29 #
2011/2150(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need to adopt measures to ensure price transparency, such as the provisions on passenger transport services in the recently adopted Consumer Rights Directive, and to protect passengers against other unfair contractual terms implemented by airlines including unrestricted add-on charges for basic services such as exorbitant fees for paying by creditcards and imposing unreasonable restrictions on hand luggage and personal effects, including airport shopping;
Amendment 39 #
2011/2150(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to draw up guidelines on the interpretation of Regulation (EC) No 1107/2006 concerning the rights of air passengers with reduced mobility, notably on the provisions on security and accompanying persons; calls on the Commission to identify categories of persons with limited mobility and the circumstances under which they could compromise flight safety;
Amendment 51 #
2011/2150(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that all airline companies flying to and from the European Union have to be obliged to participate in alternative dispute resolution; emphasises that the body organising this alternative dispute resolution, should be independent from the airline companies; stresses that the decisions made by this body should be binding for both consumer and airline;
Amendment 1 #
2011/2149(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the " COMMISSION STAFF WORKING PAPER Consumer Empowerment in the EU Brussels, 07.04.2011 SEC(2011) 469 final "
Amendment 30 #
2011/2149(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Commission and national enforcement authorities need to step up their efforts to achieve the objective of a high level of consumer protection, bearing in mind that the effectiveness of public market surveillance and enforcement is key in deterring illegal and unsafe products from being sold in Europe
Amendment 70 #
2011/2149(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to ensure a more consumer-oriented balance when it comes to internet use and intellectual property rights;, as well as personal data and privacy protection
Amendment 79 #
2011/2149(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Emphasises the need to provide consumers with more transparent information, for example through unit price indication rules and accurate and transparent internet price comparison websites;, as well as through clear, meaningful and effective product labelling
Amendment 148 #
2011/2149(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
68 20a. Calls on the Commission to create a database of fatalities and accidents arising from the use and misuse of products, applicable to all Member States, both to illustrate where action needs to be taken and to assess the effectiveness of actions already taken;
Amendment 167 #
2011/2149(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Points out that older people and people with disabilities are still faced by safety and access problems to mainstream products and services: in this respect points out that standards can be successfully used to make products and services accessible to as many consumers as possible, irrespective of their age or abilities.
Amendment 6 #
2011/2117(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a legislative proposalsingle European charter on the use of alternative dispute resolution (ADR) for consumer matters in the EU by the end of 2011 and emphasises the importance of its swift adoption;
Amendment 36 #
2011/2117(INI)
Draft opinion
Paragraph 6 – introductory part
Paragraph 6 – introductory part
6. Proposes that a single European charter be drawn upthe charter should containing the guidelines to be followed in relation to ADR systems established in Europe, these being the following:
Amendment 47 #
2011/2117(INI)
Draft opinion
Paragraph 6 – indent 5
Paragraph 6 – indent 5
– free services: the issue of the cost of ADR should be resolved in order to ensure that such an option is attractive to the parties concerned; with this in view, calls on the Commission to propose a system that is entirely free to the consumer must be considered;
Amendment 50 #
2011/2117(INI)
Draft opinion
Paragraph 6 – indent 6
Paragraph 6 – indent 6
– freedom of choice and out-of-court nature: ADR must be optional and based on respect for the parties’ freedom of choice throughout the process, allowing thembinding, allowing the parties the possibility of choosing, at any time, to settle their dispute before the courts; it must not under any circumstances constitute an initial compulsory step prior to the initiation of legal proceedings, and the decision stemming from it can be binding only if the parties have been informed to that effect beforehand and expressly agree to it;
Amendment 11 #
2011/2115(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the proposal contained in the Single Market Act aiminggeneral philosophy to promote regulatory convergence and the wider adoption of international standards; hopes that the structured regulatory dialogues established in this field with some of its partners will produce practical results as regards the mutual recognition, convergence and development of rules and standards;
Amendment 24 #
2011/2115(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Regrets that the public procurement procedures of our principal partners are not as open as those of the European Union; supports the Commission's work to revise EU legislation on public procurement, in particular the introduction of legislation clarifying the provisions on access by third-country businesses to European public procurement procedures, both to ensure that the conditions governing these procedures are fair and to strengthen the EU's positionensure equal relationship between the EU's position and third countries when negotiating access for European businesses to third-country public procurement procedures;
Amendment 31 #
2011/2115(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the importance of developing trade relations between the European Union and Cthinard countries; calls, however, on the Commission to maintain a strong stance in negotiations with Cthinard countries on its participation in the Government Procurement Agreement (GPA), in order to secure the equal opening of Chinese procurement procedures with third countries and equal treatment of European businesses;
Amendment 27 #
2011/2107(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that the Commission should allocate part of the research budget to small players, small research institutions, small and micro research companies and SMEs run by young people and businesswomen, rewarding the establishment of networks or clusters;
Amendment 38 #
2011/2107(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for capacity-building measures, such as the research potential programme, to be broadened by extending eligibility also to cover regions with low R&D intensity, as well as economically weak or geographically remote or peripheral regions of the EU;
Amendment 41 #
2011/2107(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Calls for the simplification and streamlining of rules and procedures in the ERA landscape, given the existence of numerous instruments;
Amendment 43 #
2011/2107(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Believes that future funding programmes for research and innovation should emphasise innovation activities, including non-technological innovation;
Amendment 25 #
2011/2085(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Looks forward to the announced economic assessment of the implementation of the Services Directive; invites the Commission to present to the Parliament its findings; takes the view, however, that the Commission should also perform an assessment on the social impacts of the Services Directive, concerning the social cohesion, the workers' rights and the social insurances of the working people in the services branch;
Amendment 35 #
2011/2085(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to focus its targeted actions on the requirements which if removed would bring maximum added value to the functioning of the single market for services; Asks the Commission to target its work towards the sectors and professions with a high potential for cross - bhaving as first priority the social cohesion, wordker provision of services’ rights and the interests of SME’s;
Amendment 42 #
2011/2085(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 3 #
2011/2025(INI)
Draft opinion
Recital B
Recital B
B. whereas rapid technological developments have brought new challenges in terms of personal data protection as a result of the increased reliance on complex information technology tools for data processing as well as enhanced online activity, including e-commerce,
Amendment 8 #
2011/2025(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU must equip itself with a single comprehensive, coherent and effective framework able to protect the personal data of individuals within and beyond the EU in all circumstances, in order to cope with the numerous challenges facing data protection,
Amendment 12 #
2011/2025(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the data protection dimension of the internal market to be enhanced both online and offline through the uniformisation of Member States'’ legislation and increased legal certainty, with excessive restrictions and further organisational costs being avoided, and, especially as regards definitions, grounds for and lawfulness of data processing, data subject rights, international transfers and national data protection authorities, to ensure increased legal certainty and reduce excessive administrative burdens reduced, especially for SMEs;
Amendment 22 #
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, while ensuring free circulation of personal data to facilitate the smooth functioning of both the internal market and the Internet and its characteristic openness and interconnectivity;
Amendment 25 #
2011/2025(INI)
Motion for a resolution
Recital C
Recital C
C. whereas it is of utmost importance that a series of key elements be taken into account when legislative solutions are considered, namely effective protection, given under all circumstances and independent of political preferences within a certain timeframe; whereas the framework must be stable over a long period, and limitations on the exercise of the right, where and if needed, must be exceptional, strictly necessary, duly justified and never affect the essential elements of the right itself9 ,
Amendment 30 #
2011/2025(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the collection, analysis, exchange and misuse of data and the danger of ‘profiling’, all of which have been made possible bystimulated by the complexity of technical developments, have reached unprecedented dimensions and consequently necessitate strong data protection rules,
Amendment 31 #
2011/2025(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the importance for any future legislation to be technologically- neutral to ensure that data subjects' rights are always valid and enforceable regardless of the technology used for processing personal data; calls upon industry, research and development and innovation sectors to incorporate the principle of privacy by design and to promote PETs (Privacy Enhancing Technologies) in order to guarantee a high level of protection of personal data throughout the Single Market;
Amendment 32 #
2011/2025(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes that the development and broader use of cloud computing raises new challenges in terms of privacy and protection of personal data; calls, therefore, for a clarification of the capacities of transparency on behalf of data controllers, data processors and hosts as to better allocate the corresponding legal responsibilities and so that the data subjects know where their data are stored, who has access to their data, who decides the use to which the personal data will be put, and what kind of back-up and recovery processes are in place;
Amendment 33 #
2011/2025(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Commission to clarify the rules on applicable law in the Data Protection Directive 95/46, especially in situations where companies operate in several Member States or have branches outside the European Union;
Amendment 37 #
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 every individual knows his or her rights in terms of personal data protection and understands the short and long term consequences of providing certain types of data as well as the conditions attached to providing such data, including the different modalities of consent, data portability and the right to be forgotten. Awareness raising a uniform way, especially in the online environmentbout such information is not only relevant to online activity but also to employment relationships and intra or inter corporate transfers of personal employment data;
Amendment 37 #
2011/2025(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas effective control by the data subject requires transparent behaviour of data controllers,
Amendment 41 #
2011/2025(INI)
Motion for a resolution
Recital F
Recital F
F. whereas a strong European and international data protection regime is the necessary foundation for the flow of personal data across borders, and whereas current differences in data protection legislation and enforcement are affecting European citizens as well as the global economy and the single European market,
Amendment 48 #
2011/2025(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a revision and simplificatn extension of the current personal data breach notification system with a view to making data processing by all data controllers less cumbersome and expensivebeyond the telecom sector to serious data breaches;
Amendment 56 #
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 and judicial collective redress in the internal market;
Amendment 57 #
2011/2025(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers it imperative to extend the application of general data protection rules to the areas of police and judicial cooperation, including in the context of data processing at domestic level, while also allowing, as and where necessary, for restricted and harmonised limitations on certain data protection rights of the individual;
Amendment 63 #
2011/2025(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises equally the need to have the processing of personal data by institutions and bodies of the European Union, which is governed by Regulation (EC) No 45/2001, included within the scope of the new framework;
Amendment 64 #
2011/2025(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 75 #
2011/2025(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
– further clarification of the rules on applicable law with a view to delivering the same degree of protection for individuals irrespective of the geographical location of the data controller;
Amendment 81 #
2011/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that the revised data protection regime should keep bureaucratic and financial burdens to a minimum;
Amendment 85 #
2011/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to draft a new legislation along the following principles and elements, while emphasising that these principles and elements are already set out in Directive 95/46/EC, but have not been realised and implemented fully in the Member States or found full application in the ‘online environment’: the principle of transparency, the principles of data minimisation and purpose limitation, and the provisions on consent;
Amendment 87 #
2011/2025(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points to fact that voluntary consent can not be assumed in the field of labour contracts;
Amendment 102 #
2011/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission communication’s focus on awareness- raising campaigns aimed both at the general public and more specifically at young people; stresses the need to also specifically address elderly people; underlines that awareness-raising measures should not be understood as shifting the burden of responsibility on the data subject;
Amendment 133 #
2011/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports efforts further to advance self-regulatory initiatives within the revision of the data protection framework, as suggested in the Commission communication, and iIs in favour of giving consideration to setting up EU certification schemes;
Amendment 149 #
2011/2025(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to streamline and strengthen current procedures for international data transfers, and to define ambitious core EU data protection aspects to be used for all types of international agreement;
Amendment 2 #
2011/2019(BUD)
Draft opinion
Recital B
Recital B
B. whereas in times of economic crisis the EU institutions should take special care that money is spent wisely and in accordance with clearly defined and measurable priorities,
Amendment 3 #
2011/2019(BUD)
Draft opinion
Recital C
Recital C
Amendment 10 #
2011/2019(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that it is necessary to dedicate funding toWelcomes the Commission's proposal to increase the budget of the area of freedom, security and justice by 17.7 % in commitment appropriations and calls on the Commission to dedicate sufficient funding to ensure that adequate measures are taken to guarantee international protection and integration and not toinstead of focusing primarily on counterfighting irregular migration;
Amendment 19 #
2011/2019(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the need for closer cooperation with the UNHCR and the FRA to ensure that fundamental rights and humanitarians concerns are duly taken into account in the operational activities of the EU agencies, notably FRONTEX;
Amendment 20 #
2011/2019(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls the European Parliament's commitment to further the financial support to the Committee on Missing Persons in Cyprus to ensure it has all the necessary means at its disposal, such as scientific equipment and qualified staff, to carry out its tasks and yield concrete results;
Amendment 49 #
2011/0432(CNS)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9 a) The assisting Member State should provide consular protection as well to recognised refugees and stateless persons and other persons who do not hold the nationality of any country but who reside in a Member State and are holders of a travel document issued by that Member State.
Amendment 70 #
2011/0432(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Family members of unrepresented citizens who themselves are not citizens of the Union and recognised refugees and stateless persons and other persons who do not hold the nationality of any country but who reside in a Member State and are holders of a travel document issued by that Member State, are entitled to consular protection under the same conditions as the family members of nationals of the assisting Member State who themselves are not nationals.
Amendment 91 #
2011/0432(CNS)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) visit the citizen and monitor minimum standards ofwhile ensuring and monitoring that, at least, minimum standards of detention conditions and treatment in prison apply;
Amendment 93 #
2011/0432(CNS)
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) provide the citizen with information on this/her rights of the detainand ensure that legal assistance is provided.
Amendment 95 #
2011/0432(CNS)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) provide the citizen with all the necessary information and/or assistance regarding relevant legal issues and health care.
Amendment 89 #
2011/0374(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In accordance with Article 26(2) TFEU, the Internal Market is to comprise an area without internal frontiers in which the free movement of goods and services is ensured. In order for consumers to have confidence in and benefit from the digital dimension of the Internal Market, it is necessary that they have operation of the internal market should be governed by principles that do not exacerbate social » inequalities, while stressing the need for EU policies to be adjusted to achieve a people-centred internal market focused on people's prosperity, not numbers. At the same time, access to easy and low-cost ways of resolving disputes out of court which arise from the sale of goods or the supply of services online will contribute to this end, subject to the above conditions. This is particularly important when consumers shop cross- border. «
Amendment 92 #
2011/0374(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The Internal Market is a reality for consumers in their daily lives, when they travel, buy and make payments and the effectiveness of the consumer protection policy depends on the extent to which legislation prevents practices and measures that harm consumers' interests. Consumers are key players in the Internal Market and should therefore be at its heart. The digital dimension of the Internal Market is becoming vital for both consumers and traders. Consumers increasingly make purchases over the internet and an increasing number of traders sell online. Consumers and traders should feel confident in carrying out transactions in a digital environment.
Amendment 95 #
2011/0374(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) BThe promotion of measures to combat speculation and being able to seek easy and low-cost dispute resolution out of court can boost consumers' and traders' confidence in the digital market. Consumers and traders, however, still face barriers to finding out-of-court solutions in particular to their disputes arising from a cross-border online transaction. Thus, such disputes currently are often left unresolved.
Amendment 122 #
2011/0374(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Data subjects should be informed about, and give their assent to, the processing of their personal data in the ODR platform, and their rights with regard to that processing, by means of a comprehensive privacy notice to be made publicly available by the Commission and explaining, in a clear and simple language, the processing operations performed under the responsibility of the various actors of the platform, in accordance with Articles 11 and 12 of Regulation (EC) No 45/2001 and with national legislation adopted pursuant to Articles 10 and 11 of Directive 95/46/EC.
Amendment 127 #
2011/0374(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
The purpose of this Regulation is to contribute to the functioning of the internal market, and in particular its digital dimension, and to the achievement of a high level of consumer protection by providing free of charge for consumers a platform facilitating the impartial, transparent, effective and fair out-of-court resolution of disputes between consumers and traders online.
Amendment 124 #
2011/0373(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and 169 thereof,
Amendment 125 #
2011/0373(COD)
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2) and Articles 114 and 169 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7- 0454/2011),
Amendment 126 #
2011/0373(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Article 169(1) and Article 169(2)(a) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through the measures adopted, inter alia through the measures adopted pursuant to Article 114 thereof. Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies shall ensure a high level of consumer protection.
Amendment 128 #
2011/0373(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2 a) For a better functioning and completion of the internal market it is essential to improve citizens' trust in it, in particular by clarifying consumer's rights and remedies.
Amendment 163 #
2011/0373(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) The impartiality and integrity of ADR entities is crucial to gain European citizens' trust that ADR mechanisms will offer them a fair and independent outcome.
Amendment 182 #
2011/0373(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) An agreement between a consumer and a trader to submit complaints to an ADR entity should not deprive the consumer or the trader of their rights to seek redress before the courts. In the case of ADR entities which impose solutions, the solutions should only be binding on the parties if they were informed of their binding nature in advance and the parties specifically accepted this.
Amendment 188 #
2011/0373(COD)
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21 b) In the case of ADR procedures which impose binding solutions, consumers should be afforded at least the same level of protection as the one laid down by the mandatory provisions applicable under the law of the Member State in the territory of which the ADR entity is established, as well as the protection laid down by the mandatory provisions applicable under the law of the Member State in which the consumer has his habitual residence.
Amendment 210 #
2011/0373(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In order to ensure that ADR entities function properly and effectively, they should be closely monitoredMember States should designate a competent authority or authorities which should closely monitor and supervise those entities. The Commission and competent authorities under this Directive should publish and update a list of ADR entities that comply with this Directive. Other bodies, such as ADR entities, consumer associations, business associations and the European Consumer Centre Network, should also publish this list. In addition, competent authorities should publish regular reports on the development and functioning of ADR entities in their Member States. ADR entities should notify to competent authorities specific information on which those reports should be based. Member States should encourage ADR entities to provide such information using Commission Recommendation 2010/304/EU on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries .
Amendment 252 #
2011/0373(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensurfacilitate access by consumers to ADR procedures and shall promote that disputes covered by this Directive can be submitted to an ADR entityies which compliesy with the requirementsquality criteria set out in this Directive if both the trader and the consumer agree to do so.
Amendment 306 #
2011/0373(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall ensure that ADR procedures followed by ADR entities are effective and fulfil the following requirements:
Amendment 324 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that in ADR procedures followed by ADR entities:
Amendment 329 #
2011/0373(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that in ADR procedures followed by ADR entities which aim at resolving the dispute by suggesting a solution
Amendment 87 #
2011/0340(COD)
Proposal for a regulation
Article 2
Article 2
The aim of the Programme is to support thea new policy objective of placing the empowered consumer at the centre of the internal market. The Programme will do so by contributing to, noting that liberalisation in the internal market has led to increased prices, lower quality and fewer services. The Programme will do so by contributing to citizens' welfare, by promoting economically, socially and environmentally sound sustainable development throughout the Union, by furthering social justice, sustainability and solidarity based on mutually supportive economic, social and environmental pillars steered by a democratic and participatory process of socio-economic governance, and by a focus on benefits to citizens and consumer protection, in particular by protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests. The Programme will complement, and support and monitor the policies of Member States.
Amendment 88 #
2011/0340(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. The general objective referred to in Article 2s as described in Article 2 form a political framework of actions. Some of those general objectives shall be pursued through the following specific objectives:
Amendment 94 #
2011/0340(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 110 #
2011/0340(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
No later then mid-2018, an evaluation report shall be established by the Commission on the achievement of the objectives of all the measures (at the level of results and impacts), the efficiency of the use of resources and its European added value, in view of a decision on the renewal, modification or suspension of the measures. The evaluation shall additionally address the scope for simplification, its internal and external coherence, the continued relevance of all objectives, as well as the contribution of the measures to the Union priorities of smart, sustainable and inclusive growth., and take into consideration that the focus on "competitiveness" and "cost cutting" underlying the Lisbon Strategy also aggravated the severe economic imbalances within the eurozone (countries with large export surpluses against countries with large current account deficits) and within the Union more generally, undermining the Union's economic, social and territorial cohesion; It shall take into account evaluation results on the long-term impact of the predecessor programme;
Amendment 111 #
2011/0340(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 359 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Regulation is to improve the conditions for the establishment and the functioning ofDirective is to establish a voluntary, common European law for the internal market by making available a uniform set of contract law rules as set out in Annex I ('the Common European Sales Law'). These rules can be used for, which shall operate alongside national law and may be used, if so desired, instead of national law, solely in the field of contract law concerning cross- border transactions for the sale of goods, for the supply of digital content and for related services where the parties to a contract explicitly agree to do so.
Amendment 361 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This RegulationDirective enables traders to rely on a common set of rules and use the same contract terms for all their cross-border transactions thereby reducing unnecessary costs while providing a high degree of legal certainty.
Amendment 362 #
2011/0284(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. In relation to contracts between traders and consumers, this Regulation comprises a comprehensive in the field of cross-border transactions, this Directive comprises a set of consumer protection rules to ensure a high level of consumer protection, to enhance consumer confidence in the internal market and encourage consumers to shop across borders.
Amendment 374 #
2011/0284(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) either the address indicated by the consumer, the delivery address for goods or the billing address are located in a country country of residence of the consumer is other than the country of the trader'’s habitual residence; and
Amendment 375 #
2011/0284(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. For the purposes of this Regulation, the habitual residence of companies and other bodies,the trader, whether a company or other body, whether corporate or unincorporated, shall be the place of central administration, where it lacks, in the country of the consumer, business premises or offices or any other trader establishment or legal representatives or agents and is not registered with the competent authorities for companies or other bodies, whether corporate or unincorporated, of the Member States. The habitual residence of a trader who is a natural person shall be that person's principal place of business.
Amendment 376 #
2011/0284(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Cross-border contracts for which the Common European Sales Law can be used
Amendment 249 #
2011/0282(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point u a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) “new farmer”: a farmer who possesses adequate occupational skills and competence and is setting up for the first time in an agricultural holding as head of the holding;
Amendment 281 #
2011/0282(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) the competitiveness of agricultureeconomic viability of farms;
Amendment 291 #
2011/0282(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)
Article 4 – paragraph 1 – point 1 a (new)
(1a) maintaining and creating jobs;
Amendment 294 #
2011/0282(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) the sustainable management of natural resources, and climate actionaction helping to reduce global warming;
Amendment 309 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 1 – introductory part
Article 5 – paragraph 1 – point 1 – introductory part
(1) fostering knowledge transfer and innovation in agriculture, and forestry, and rural areasfrom those sectors, and rural innovators, with a focus on the following areas:
Amendment 319 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – introductory part
Article 5 – paragraph 1 – point 2 – introductory part
(2) enhancing competitiveness of all types of agriculture and enhancingfamily farm viability, with a focus on the following areas:
Amendment 333 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2 – point a
Article 5 – paragraph 1 – point 2 – point a
Amendment 375 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – introductory part
Article 5 – paragraph 1 – point 3 – introductory part
(3) promoting food chain organisation and risk management in agriculture, with a focus on the following areas:
Amendment 382 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 3 – point b
Article 5 – paragraph 1 – point 3 – point b
Amendment 404 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 5 – point a
Article 5 – paragraph 1 – point 5 – point a
(a) increasing efficiency inrational water use by agriculture and developing crops and production methods which use less water and fewer inputs;
Amendment 413 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 5 – point b
Article 5 – paragraph 1 – point 5 – point b
(b) increasing efficiency in energy use in agriculture and food processingdeveloping farming and food processing systems which are less dependent on fossil energy;
Amendment 422 #
2011/0282(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 5 – point c
Article 5 – paragraph 1 – point 5 – point c
(c) facilitparticipating in the supply and use of renewable sources of energy, of by- products, wastes, residues and other non food raw material for purposes of the bio- economy;
Amendment 478 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 – point a a (new)
Article 8 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) new farmers;
Amendment 533 #
2011/0282(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 572 #
2011/0282(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c – paragraph 1 – point vii
Article 9 – paragraph 1 – point c – paragraph 1 – point vii
(vii) initiatives are planned for raising awareness and animating innovative actions and establishing operational groups of the EIP for agricultural productivity andthe economic viability of farms and agricultural sustainability;
Amendment 583 #
2011/0282(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g
Article 9 – paragraph 1 – point g
(g) a description of the approach towards innovation in view of enhancing productivon by farms, their economic viability and sustainable resource management and the contribution to achieving the objectives of the EIP for agricultural productivity andproduction by farms, their economic viability and agricultural sustainability referred to in Article 61;
Amendment 869 #
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 eligible.
Amendment 891 #
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 and new farmers, 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 andproduction and economic viability within agricultural sustainability in accordance with the support rates laid down in Annex I. However, the maximum combined support rate may not exceed 90%.
Amendment 924 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point a – point i a (new)
Article 20 – paragraph 1 – point a – point i a (new)
(ia) new farmers;
Amendment 941 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
Amendment 960 #
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 new farmers.
Amendment 996 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 5
Article 20 – paragraph 2 – subparagraph 5
Amendment 1021 #
2011/0282(COD)
Proposal for a regulation
Article 20 – paragraph 7
Article 20 – paragraph 7
Amendment 1540 #
2011/0282(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 1548 #
Amendment 1594 #
2011/0282(COD)
Proposal for a regulation
Article 38
Article 38
Amendment 1605 #
Amendment 1628 #
Amendment 1751 #
2011/0282(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. A EIP network shall be put in place to support the EIP for agricultural productivon, economic viability and sustainability referred to in Article 61, in accordance with Article 51(1). It shall enable the networking of operational groups, advisory services and researchers
Amendment 1844 #
2011/0282(COD)
Proposal for a regulation
Title 4
Title 4
EIP for agricultural productivity and sustainabilityproduction and economic viability in the context of sustainable agriculture
Amendment 1847 #
2011/0282(COD)
Proposal for a regulation
Article 61 – paragraph 1 – introductory part
Article 61 – paragraph 1 – introductory part
1. The EIP for agricultural productivity and sustainabilityproduction and economic viability in the context of sustainable agriculture shall:
Amendment 1871 #
2011/0282(COD)
Proposal for a regulation
Article 61 – paragraph 2 – introductory part
Article 61 – paragraph 2 – introductory part
2. The EIP for agricultural productivity and sustainabilityproduction and economic viability in the context of sustainable agriculture shall seek to achieve its aims by:
Amendment 1885 #
2011/0282(COD)
Proposal for a regulation
Article 61 – paragraph 3
Article 61 – paragraph 3
3. The EAFRD shall contribute to the aims of the EIP for agricultural productiveconomic viability and sustainability through support, in accordance with Article 36, of the EIP operational groups referred to in Article 62 and the EIP Network referred to in Article 53.
Amendment 307 #
2011/0280(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) ATwo simple forms of support for small farmers should be put in place. On the one hand, a simple and specific scheme for very small and family-run farmers should be put in plaintroduced in order to reduce the administrative costs linked to the management and control of direct support. For that purpose, a lump- sum payment replacing all direct payments should be established. Rules seeking simplification of formalities should be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross-compliance and to controls as laid down in Regulation (EU) No […] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No […] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competiproductive structures. For that reason, access to the scheme should be limited to existing holdings. On the other hand, there should be a form of assistance for small farms that is additional to the other support payments made to farmers. The obligations related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross-compliance and to controls as laid down in Regulation (EU) No […] [HZR] should apply to small farms.
Amendment 339 #
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 and new farmers who commence their agricultural activity;
Amendment 354 #
2011/0280(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b – point vii a (new)
Article 1 – paragraph 1 – point b – point vii a (new)
(viia) a payment for small farms, to be established at Member State level;
Amendment 399 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) "agricultural area" means any area taken up by arable land, permanent grassland, permanent pastures or permanent crops;
Amendment 415 #
2011/0280(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) "permanent grassland or permanent pastures" means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominant;
Amendment 568 #
2011/0280(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 685 #
2011/0280(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 720 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. The amount of direct payments to be granted to a farmer under this Regulation in a given calendar year shall be reduced as follows, with this reduction being applicable to all payments made under the first pillar:
Amendment 726 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – indent 1
Article 11 – paragraph 1 – indent 1
– by 210 % for the tranche of more than EUR 150.25 000 and up to EUR 200.50 000;
Amendment 727 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – indent 1
Article 11 – paragraph 1 – indent 1
by 20 % for the tranche of more than EUR 150. 000 and up to EUR 200.75 000;
Amendment 735 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – indent 4
Article 11 – paragraph 1 – indent 4
by 100 % for the tranche of more than EUR 3100 000.
Amendment 740 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – indent 2
Article 11 – paragraph 1 – indent 2
– by 430 % for the tranche of more than EUR 150.75 000 and up to EUR 2100. 000;
Amendment 748 #
2011/0280(COD)
Proposal for a regulation
Article 11 – paragraph 1 – indent 3
Article 11 – paragraph 1 – indent 3
Amendment 777 #
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 50% of the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, 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 1304 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) to have three different crops on their arable land, including a legumimous or protein crop, where the arable land of the farmer covers more than 310 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 year;
Amendment 1310 #
2011/0280(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a a (new)
Article 29 – paragraph 1 – point a a (new)
(aa) to carry out crop rotation on each parcel, with the exception of parcels with permanent grassland or permanent pasture and perennial plants;
Amendment 1320 #
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 or permanent pasture on their holding; and
Amendment 1504 #
Amendment 1547 #
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 3 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 year, cultivation on the arable land shall consist of at least three different crops. None of those three crops shall cover less than 5 % of the arable land and the main one shall not exceed 750 % of the arable land.
Amendment 1573 #
2011/0280(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. There shall be crop rotation on each parcel, with the exception of parcels with grassland or permanent pasture and perennial plants.
Amendment 1598 #
Amendment 1617 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
Farmers shall maintain as permanent grassland and pasture the areas of their holdings declared as such in the application made pursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, hereinafter referred to as ‘reference areas under permanent grassland and pasture’.
Amendment 1635 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
The reference areas under permanent grassland or pasture shall be increased in cases where the farmer has an obligation to reconvert areas into permanent grassland or pasture in 2014 and/or in 2015 as referred to in Article 93 of Regulation (EU) No […] HZR.
Amendment 1651 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Farmers shall be allowed to convert a maximum of 5 % of their reference areas under permanent grassland and pasture. That limit shall not apply in the case of force majeure or exceptional circumstances.
Amendment 1674 #
2011/0280(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland and pasture as laid down in the second subparagraph of paragraph 1, the renewal of permanent grassland and pasture, the reconversion of agricultural area into permanent grassland and pasture in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland and pasture in case of transfer of land.
Amendment 1737 #
2011/0280(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Farmers shall ensure that at least 7 % of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland and pasture, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii).
Amendment 1893 #
2011/0280(COD)
Proposal for a regulation
Article 34 – paragraph 5 – subparagraph 2
Article 34 – paragraph 5 – subparagraph 2
In that case, Member States shall define the regions in accordance with objective and non-discriminatory criteria such as their natural constraint, demographic and socio- economic characteristics and agronomic conditions.
Amendment 1906 #
2011/0280(COD)
Proposal for a regulation
Title 3 – chapter 4 – title
Title 3 – chapter 4 – title
Payment for young farmers and new farmers
Amendment 1907 #
2011/0280(COD)
Proposal for a regulation
Title 3 – chapter 4 – title
Title 3 – chapter 4 – title
Payment for young farmers and new farmers
Amendment 1930 #
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 new farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
Amendment 1940 #
2011/0280(COD)
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. For the purposes of this Chapter, 'young farmers and new farmers', shall mean:
Amendment 2043 #
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 and feed legumes, flax, hemp, rice, nuts, starch potato, 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 coppice.
Amendment 2079 #
2011/0280(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. Coupled support may only be granted to the extent necessary to create an incentive to maintain current levels of production and agricultural employment in the regions concerned.
Amendment 2091 #
2011/0280(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. In order to finance the voluntary coupled support, Member States may decide, by 1 August of the year preceding the first year of implementation of such support, to use up to 5 %the requisite share of their annual national ceiling set out in Annex II.
Amendment 2100 #
2011/0280(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 2152 #
2011/0280(COD)
Proposal for a regulation
Article 39 – paragraph 5
Article 39 – paragraph 5
Amendment 2200 #
2011/0280(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. Farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided formeeting the definition of active farmer laid down in Article 10(1)9 may opt for participation in a simplified scheme under the conditions laid down in this Title, hereinafter referred to as 'small farmers scheme'.
Amendment 2218 #
2011/0280(COD)
Proposal for a regulation
Article 47 a (new)
Article 47 a (new)
Article 47a General rules governing support for small farms 1. Member States shall grant an annual payment to small farms and small farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1. 2. For the purposes of this Chapter, small farms or small farmers shall mean holdings of a size defined by the Member States. The relevant criteria shall be laid down in delegated acts adopted by the Commission. 3. Without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions as referred in Article 7, and any reductions and exclusions imposed pursuant to Article 65 of Regulation (EU) No […] [HZR], the payment referred to in paragraph 1 of this Article shall be granted annually upon activation of payment entitlements by the farmer. 4. Member States shall set the amount referred to in paragraph 1 within the limit of the funding provided for in Article 51(2) of this Regulation. 5. Farmers in receipt of payments under the support scheme for small farms and small farmers may take part in the thematic sub-programme referred to in the third subparagraph of Article 8(1)(b) of the rural development regulation.
Amendment 2221 #
2011/0280(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Farmers wishing to participate in the small farmers scheme shall submit an application by 15 mid-October 2014each year.
Amendment 2229 #
2011/0280(COD)
Proposal for a regulation
Article 48 – paragraph 2
Article 48 – paragraph 2
Amendment 2240 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Article 49 – paragraph 1 – subparagraph 1 – introductory part
Member States shall set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3:an amount not exceeding 25 % of the national average payment per beneficiary.
Amendment 2241 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – point a
Article 49 – paragraph 1 – subparagraph 1 – point a
Amendment 2245 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 – point b
Article 49 – paragraph 1 – subparagraph 1 – point b
Amendment 2252 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 1 a (new)
Article 49 – paragraph 1 – subparagraph 1 a (new)
Amendment 2253 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 1 – subparagraph 2
Article 49 – paragraph 1 – subparagraph 2
Amendment 2256 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
Amendment 2262 #
2011/0280(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
Amendment 2266 #
2011/0280(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a
Article 50 – paragraph 1 – point a
(a) keep at least a number of hectares corresponding to proportion of agricultural activity defined by the nuMember of entitlements held;State.
Amendment 2267 #
2011/0280(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point b
Article 50 – paragraph 1 – point b
Amendment 2271 #
2011/0280(COD)
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 1
Article 50 – paragraph 3 – subparagraph 1
By way of derogation from Article 27, payment entitlements held by farmers participating in the small farmers scheme or by very small farms shall not be transferable, except in case of inheritance or anticipated inheritance
Amendment 2273 #
2011/0280(COD)
Proposal for a regulation
Article 51 – paragraph 1 – subparagraph 1
Article 51 – paragraph 1 – subparagraph 1
In order to finance the payment referred to in this Title, Member States shall deduct the amounts corresponding to the amounts to which the small farmers or very small farms would be entitled as a basic payment referred to in Chapter 1 of Title III, as a payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III and, where applicable, as a payment for areas with natural constraints referred to in Chapter 3 of Title III, as a payment for young farmers referred to in Chapter 4 of Title III and as coupled support referred to in Title IV from the total amounts available for the respective payments.
Amendment 2274 #
2011/0280(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. If the total amount of payments due under the small farmers scheme exceeds 10 % of the annual national ceiling set out in Annex II,Payments due under the scheme for very small farms and in the form of support for small farms shall have priority and Member States shall apply a linear reduction to the amounts to be paid in accordance with this Title in order to respect that percentagee annual ceiling set out in Annex II.
Amendment 41 #
2011/0226(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The application of certain Union acts governing the free movement of goods, persons, services and capital in the internal market requires Member States to cooperate more effectively and exchange information with one another and with the Commission. As practical means to implement such information exchange are often not specified in those acts, appropriate practical arrangements need to be made.
Amendment 42 #
2011/0226(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Internal Market Information System (hereinafter ‘IMI’) is a software application accessible via the Internet, developed by the European Commission in cooperation with the Member States, in order to assist Member States with the practical implementation of information exchange requirements laid down in Union acts by providing a centralised communication mechanism to facilitate cross-border exchange of information and mutual assistance. In particular, IMI helps competent authorities to identify their counterpart in another Member State, manage the exchange of information, including personal data, on the basis of simple and unified procedures and overcome language barriers on the basis of pre-defined and pre-translated workflows.
Amendment 68 #
2011/0226(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The use of personal data processed by means of IMI for a specific purpose in a way incompatible with that original purpose shall be prohibited, unless explicitly provided for by lawunder the legislation of the Member States.
Amendment 75 #
2011/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Personal data processed in IMI shall be blockeddeleted automatically at the latest eighteen months after the formal closure of an administrative cooperation procedure, unless blocking or deletion before that period is expressly requested by a competent authority and the request substantiated, on a case-by-case basis.
Amendment 79 #
2011/0226(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. When a natural person ceases to be an IMI user, the personal data relating to him or her shall be blocked by technical means for a period of up to five years. if a competent authority expressly requests that the data be blocked and substantiates its requestThey shall, with the exception of their storage, only be processed for purposes of proof of an information exchange by means of IMI and shall be deleted at the end of the five-year period.
Amendment 90 #
2011/0226(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Personal data blocked pursuant to Article 13(1) shall not be rectified or deleted if a competent authority expressly requests that the date not be deleted but blocked and substantiates its request, unless it can be clearly demonstrated that such rectification or deletion is necessary to protect the rights of the data subject and does not undermine their value as proof of an information exchange by means of IMI.
Amendment 35 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (a a) (new)
Article 1a – paragraph 1 – point (a a) (new)
(aa) a sudden increase of at least 50%, over a six month period, in the number of nationals of a third country listed in Annex II having been convicted of crimes relating to organised crime or trafficking in human beings committed on the territory of the one or more Member States concerned, in comparison with the previous six month period;
Amendment 37 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (b)
Article 1a – paragraph 1 – point (b)
Amendment 39 #
2011/0138(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 1 – point (c)
Article 1a – paragraph 1 – point (c)
Amendment 122 #
2011/0129(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) This Directive should be interpreted and applied in a manner compatible with the rights of other persons, including those suspected or accused of committing a crime. The high level of protection of victims of crimes should not prejudice the rights of the defence, enshrined in Article 48 of the Charter of Fundamental Rights of the European Union. The measures provided in this Directive for the protection of victims should be interpreted strictly and in accordance with the principle of the right to a fair trial as provided for in the Charter of Fundamental Rights of the European Union and interpreted by case-law of the European Court of Human Rights.
Amendment 146 #
2011/0129(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Support, whether provided by governmental or non-governmental organisations, should be made available from the moment a crime takes place as well as throughout criminal proceedings and after such proceedings in accordance with the needs of the victim. Support should be provided through a variety of means, without excessive formalities and through a sufficient geographical distribution to allow all victims the opportunity to access such services. Certain groups of victims such as victims of sexual violence, gender, race hate or other bias crimes or victims of terrorismcrimes motivated by discrimination or victims of terrorism, or victims of torture or other cruel, inhuman or degrading treatment or punishment, may require specialist support services due to the particular characteristics of the crime they have fallen victim to.
Amendment 151 #
2011/0129(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to respond to the specific needs of women victims of gender-based violence, specific support structures are essential. Those structures should be built upon the experience and expertise of the women’s shelter movement, and should reinforce their capacity to develop further their victim support activities.
Amendment 152 #
2011/0129(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Although the provision of support should not be dependent on a victim making a complaint of an offence to a competent authority such as the police, such authorities are often best placed to inform victims of the possibility of support. Member States are therefore encouraged to establish appropriate conditions to enable the referral of victims to victim support services, including by ensuring that data protection requirements can be adhered to. In cases of specific types of crimes, such as gender-based violence, referral should be made directly to specialised victim support services in order to avoid stress caused by repeat referral.
Amendment 167 #
2011/0129(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Gender-based violence refers to violence that is directed against a person because of his or her gender. It is a form of violence that affects women disproportionately and it may be interrelated but is not limited to cases of violence in close relationships, sexual violence (including sexual assault and sexual harassment), sexual trafficking and slavery, intimate relationship violence and other harmful practices such as forced marriages and female genital mutilation. Homophobic and transphobic attacks have also been defined as a form of gender-based violence. Research shows that one-fifth to one-quarter of all women have experienced physical violence at least once during their adult lives and more than one-tenth have suffered sexual violence involving the use of force. It is therefore crucial to criminalise all forms of gender-based violence and provide victims with specific prevention and protection measures, and remedies. Women victims of gender-based violence and their children also require special attention and protection because of a high risk of repeat victimisation with this type of crime and due to the severe trauma such a crime causes because it is committed by a person the victim should be able to trust and also because victims cannot rely on support by the partner in overcoming the trauma.
Amendment 176 #
2011/0129(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Beyond these categories, but again based on personal characteristics and the crime, any person could be vulnerable. Only through individual assessments, carried out at the earliest opportunity by those in a position to make recommendations on protection measures, can such vulnerabilities be effectively identified. The assessment should in particular take into account, inter alia, age, gender and gender identity, ethnicity, race, religion, sexual orientation, state of health, disability, communication difficulties, relationship to or dependence on the suspected or accused person, previous experience of crime, the type or nature of the crime such as organised crime, terrorism, or bias crimes and whether the victim is a foreign victim, whether the victim is a foreign victim and whether the victim is a migrant, an asylum seeker or a beneficiary of international protection, in particular a woman whose legal status may depend on that of the alleged offender. Victims of terrorism require particular attention in any assessment given the varying nature of such acts ranging from mass acts of terrorism to targeted terrorism against individuals.
Amendment 228 #
2011/0129(COD)
Proposal for a directive
Article 2 – point a – point ii a (new)
Article 2 – point a – point ii a (new)
(iia) minors who are descendants or dependents of the victim that has suffered physical or mental harm caused by an alleged criminal act.
Amendment 251 #
2011/0129(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Member States shall ensure that victims are provided promptly with the following information, without unnecessary delay, from their first contact with the authority competent to receive a complaint concerning a criminal offence:
Amendment 259 #
2011/0129(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) to what extent and on what terms they are entitled to receive legal advice, legal aid or any other sort of independent and qualified advice;
Amendment 266 #
2011/0129(COD)
Proposal for a directive
Article 3 – point j a (new)
Article 3 – point j a (new)
(ja) how and under which conditions they can obtain protection measures.
Amendment 269 #
2011/0129(COD)
Proposal for a directive
Article 3 - paragraph 1 a (new)
Article 3 - paragraph 1 a (new)
The information shall be provided either orally or in writing and in simple and accessible language, taking into account any particular needs of the victim and the relevant circumstances.
Amendment 270 #
2011/0129(COD)
Proposal for a directive
Article 3 - paragraph 1b (new)
Article 3 - paragraph 1b (new)
Member States shall ensure that victims who do not understand or speak the language of the Member State concerned, shall be provided with the information referred to in the first paragraph in a language they understand.
Amendment 272 #
2011/0129(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that victims are promptly notified of their right to receive the following information on their case and that they receive this information where they have expressed such a wish:, unless they have explicitly stated their wish not to receive such information.
Amendment 275 #
2011/0129(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) any decision, including reasons for that decision, ending the criminal proceedings instituted as a result of the complaint of a criminal offence made by the victim, such as a decision not to proceed with or to end an investigation or prosecution, or a final judgment in a trial, including any sentence;
Amendment 276 #
2011/0129(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) information enabling the victim to know about the state of affairs of the criminal proceedings instituted as a result of the complaint of a criminal offence made by the victim, unless in exceptional cases the proper handling of the case may be adversely affected;
Amendment 280 #
2011/0129(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that victims are offered the opportunity to be notified when the person, without unnecessary delay, when the person arrested, remanded in custody, prosecuted or sentenced for offences concerning them is released from or has escaped detention. Victims shall receive this information where they have expressed such a wish. also be informed of any measures taken for the protection of victims such as restraining orders or no- contact orders. Member States shall ensure that victims are provided with effective support and assistance when receiving that information.
Amendment 282 #
2011/0129(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that victims are offered the opportunity to be notified when the person prosecuted or sentenced for offences concerning them is released from detention. Victims shall receive this information where they have expressed such a wish, unless they have explicitly stated their wish not to receive such information.
Amendment 287 #
2011/0129(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that victims who state thae right of victims to modify at any moment they do notecision concerning their wish to receive thor not receive information referred to in paragraphs 1 and 2 do not receive that information.
Amendment 290 #
2011/0129(COD)
Proposal for a directive
Article 5
Article 5
Member States shall take measures to ensure that victims understand and can be understood during any interaction they have with publiccompetent authorities in criminal proceedings, including where information is provided by such authorities.
Amendment 294 #
2011/0129(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that victims who do not understand or speak the language of the criminal proceedings concerned are provided if they so wish with interpretation, free of charge, during any interviews or questioning of the victim during criminal proceedings before investigative and judicial authorities, including during police questioning, and interpretation for their participation in court hearings and any necessary interim hearings and during any communication with their legal counsel.
Amendment 306 #
2011/0129(COD)
Proposal for a directive
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. Member States shall ensure that a victim who does not understand or speak the language of the criminal proceedings concerned shall receive translations if they so wish, free of charge, of the following information, in a language understood by the victim, to the extent that such information is made available to the victim:
Amendment 309 #
2011/0129(COD)
Proposal for a directive
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) information essential to the victim’s exercise of their rights in criminal proceedings in accordance with their needs and their role in those proceedings. Victims or their legal counsels may submit a reasoned request for any other information deemed essential.
Amendment 314 #
2011/0129(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that victims and their family members, in accordance with their needs, have access to free of charge, confidential victim support services acting independently and in the interest of the victim from the moment the victims suffer harm, during the criminal proceedings and after their conclusion and regardless of where the crime took place.
Amendment 328 #
2011/0129(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall promotensure the setting up or development of specialist support services, including women's shelters, specialist support services for victims of gender-based violence, victims of violence in close relationships and their family members, in addition to general victim support services.
Amendment 360 #
2011/0129(COD)
Proposal for a directive
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) the suspected or accused person or offender must have accepted responsibility for this or heir act;
Amendment 404 #
2011/0129(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The measures referred to in paragraph 1, shall in particular include procedures for the physical protection of victims and their family members, measures to ensure that contact between offenders and victims may be avoided within premises whsuch as emergency barring orders, protection and restraining orders, measures to ensure that contact between offenders and victims and their family members can be avoided from the time of reporting, during and aftere criminal proceedings are conductedand other legal proceedings, and measures to ensure that the risk of psychological or emotional harm to victims during questioning or when testifying is minimised and their safety and dignity are secured.
Amendment 460 #
2011/0129(COD)
Proposal for a directive
Article 19
Article 19
Member States shall progressively establish the necessary conditions to enable avoidance of contact between victims and accused or suspected persons, if this is requested by the victim, in any venue where victims may have personal contact with public authorities due to their being a victim and in particular venues where criminal proceedings are conducted, especially in court buildings and police stations.
Amendment 466 #
2011/0129(COD)
Proposal for a directive
Article 20 – point c
Article 20 – point c
(c) victims may be accompanied, where appropriate by their legal representative, or, where appropriate, a person of their choice, unless a reasoned decision has been made to the contrary in respect of that person. Where victims are questioned in their capacity of witness of the alleged crime, they shall not be refused the presence of their legal representative.
Amendment 43 #
2011/0051(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Union policy in the field of external borders aims for integrated management to ensure a uniform and high level of control and surveillance, which is a necessary corollary to the free movement of persons within the European Union and, which is a fundamental component of an area of freedom, security and justice. To this end, common rules on standards and procedures for the control of external borders are to be established.
Amendment 45 #
2011/0051(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In order to align the provisions of the Schengen Borders with the Treaty on the Functioning of the European Union (TFEU), 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 respect of the adoption of additional measures governing surveillance in accordance with Article 12(5) as well as amendments to the annexes in accordance with Article 32. It is of particular importance that the Commission carry 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 47 #
2011/0051(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 562/2006
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) for individuals or groups of persons, where there is a requirement of a special nature for the occasional crossing of external borders outside border crossing points or outside fixed opening hours, provided that they are in possession of the permits required by national law and that there is no conflict with the interests of public policy and the internal security of the Member States. Member States may make specific arrangements in bilateral agreements. Those bilateral agreements shall be notified to the Commission pursuant to Article 34;
Amendment 48 #
2011/0051(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EC) No 562/2006
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) for individuals or groups of persons in the event of an unforeseen emergency situation.
Amendment 49 #
2011/0051(COD)
Proposal for a regulation
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Regulation (EC) No 562/2006
Article 5 – paragraph 1 – point a – point i
Article 5 – paragraph 1 – point a – point i
(i) its validity shall extend at least three monthsone day after the intended date of departure from the territory of the Member States. In a justified case of emergency, this obligation may be waived.
Amendment 55 #
2011/0051(COD)
Proposal for a regulation
Article 1 – point 8 – paragraph 1
Article 1 – point 8 – paragraph 1
Regulation (EC) No 562/2006
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 57 #
2011/0051(COD)
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 562/2006
Article 12 – paragraph 5
Article 12 – paragraph 5
(9) In Article 12(5) shall be replaced by the following: "5. The Commission shall be empowered to adopt, paragraph 5 is delegated acts in accordance with Article 33 concerning additional measures governing surveillance.".
Amendment 67 #
2011/0051(COD)
Proposal for a regulation
Annex – point 3 – point a
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.1
Annex VI – point 1.1.4.1
1.1.4.1. Member States may conclude bilateral agreements with neighbouring third countries concerning the establishment of joint border crossing points at which border guards of one party carry out entry and/or exit checks in accordance with their legislation on the territory of the other party. Joint border crossing points may be located either on Member State territory or on third-country territornly.
Amendment 68 #
2011/0051(COD)
Proposal for a regulation
Annex – point 3 – point a
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.2 – point b – indent 2
Annex VI – point 1.1.4.2 – point b – indent 2
– or act in accordance with their national legislation. In this case the person concerned must, however, be offered access to Member States courts and dispose of remedies sufficient to ensure legal protection in the fields covered by Union law in order to provide the legal protection which individuals derive from the rules of Union and national law and to ensure that those rules are fully effective.
Amendment 69 #
2011/0051(COD)
Proposal for a regulation
Annex – point 3 – point a
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.3
Annex VI – point 1.1.4.3
Amendment 70 #
2011/0051(COD)
Proposal for a regulation
Annex – point 3 – point a
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.4 – subparagraph 1
Annex VI – point 1.1.4.4 – subparagraph 1
1.1.4.4. Before concluding or amending any bilateral Agreement on joint border crossing points with a neighbouring third country, the Member State concerned shall consult the Commission, which shall give a prior favourable opinion as to the compatibility of the Agreement with this RegulaUnion law, including in the fields of asylum and data protection.
Amendment 72 #
2011/0051(COD)
Proposal for a regulation
Annex – point 3 – point a
Annex – point 3 – point a
Regulation (EC) No 562/2006
Annex VI – point 1.1.4.4 – subparagraph 2
Annex VI – point 1.1.4.4 – subparagraph 2
If the Commission considers the Agreement to be incompatible with this RegulationUnion law, it shall notify the Member State concerned. The Member State shall not conclude the Agreement and shall take all appropriate steps to amend the draft Agreement within a reasonable period in such a way as to eliminate, eliminating the incompatibilities established.
Amendment 77 #
2011/0051(COD)
Proposal for a regulation
Annex – point 4 – point d
Annex – point 4 – point d
Regulation (EC) No 562/2006
Annex VI – point 3.2.2 – subparagraph 2
Annex VI – point 3.2.2 – subparagraph 2
Amendment 79 #
2011/0051(COD)
Proposal for a regulation
Annex 1 – point 4 – point f
Annex 1 – point 4 – point f
Regulation (EC) No 562/2006
Annex VI – point 3.2.3(e) – subparagraph 2
Annex VI – point 3.2.3(e) – subparagraph 2
Amendment 81 #
2011/0051(COD)
Proposal for a regulation
Annex 1 – point 7
Annex 1 – point 7
Regulation (EC) No 562/2006
Annex VI – point 8 – subparagraph 2
Annex VI – point 8 – subparagraph 2
Amendment 17 #
2010/2311(INI)
Motion for a resolution
Recital A
Recital A
A. whereas after the atrocious attacks of 11 September 2001 the first decade of the 21st century has been marked by the ‘War on Terrorism’, especially with regard to the US approachapproach established by the US of the ‘War on Terrorism’; whereas although the attacks did not take place on European soil, allmany Europeans felt them to be an attack on their values and their way of life,
Amendment 23 #
2010/2311(INI)
Motion for a resolution
Recital B
Recital B
B. whereas terrorism is not a recent phenomenon; whereas counter-terrorism has always been part of regular law enforcement action; whereas 9/11 led to a fundamental change in the methods and instruments used to fight terrorism; whereas terrorism became, however, the last decade saw a fundamental change in the methods and instruments used to fight terrorism moving counter-terrorism measures out of the realm of regular law enforcement and turning them into a matter of national security, with a very different legal framework granting greater powers to intelligence services; whereas counter-terrorism must be brought back into the realm of criminal law, subject to specific procedures and attached to certain rights,
Amendment 37 #
2010/2311(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the aim of counter-terrorism policies should be to undermine the objectives of terrorism, which areseek to destroy the fabric of our free, open and democratic societyies; whereas the aprime objective of counter-terrorism must therefore be to protect and strengthen that fabric of democratic society andby strengthening civil liberties and democratic scrutiny; whereas the effectiveness of counter-terrorism policies must be measured against this aim; whereas in this logic, strengthening civil liberties and democratic scrutiny is not an obstacle to such policies, but their prime objective,
Amendment 46 #
2010/2311(INI)
Motion for a resolution
Recital D
Recital D
D. whereas ten years after the attacks that shook the world it is time to take stock of the achievements in fightingfirst instruments to address large-scale terrorism were adopted at EU level, such as the European Arrest Warrant, time has come to take stock of the achievements, shortcomings and failures of counter- terrorism measures; whereas evaluation allows for more efficient and effective policy-making, and in any modern democracy policy decisions are subject to frequent evaluation and review,
Amendment 61 #
2010/2311(INI)
Motion for a resolution
Recital F
Recital F
F. whereas counter-terrorism measures tend to have a profound impact on civil liberties, the rule of law and democratic decision-making; whereas these measures are increasingly implemented by the private sector, which is not bound by the same requirements as law enforcement authorities in terms of respect of procedural rights and accountability; whereas counter-terrorism measures also have a substantial budgetary impact and a growing share of the costs in this field is borne by the private sector,
Amendment 71 #
2010/2311(INI)
Motion for a resolution
Recital G
Recital G
G. whereas mass surveillance has become a key feature of counter-terrorism policies, and whereas the large-scale collection of personal data, detection and identification technologies, tracking and tracing, data mining and profiling, risk assessment and behavioural analysis are all used for the purpose of preventing terrorism; whereas public authorities are making more and more use of data collected for commercial or private purposes; whereas, therefore, in the name of fighting terrorism civil liberties and fundamental rights are systematically violated,
Amendment 82 #
2010/2311(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Strongly welcomesTakes note of the Commission Communication; regrets, however, that the scope is rather narrow, limited to the implementation of agreed policy measures, and not national counter-terrorism policies or national measures that transpose policies agreed at European or international level;
Amendment 115 #
2010/2311(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a proper evaluation of ten years of counter-terrorism policies must provide the basis for an evidence-based, needs-driven, coherent and comprehensive EU counter-terrorism strategy by means of an in-depth and complete appraisal to be carried out by a panel of independent expertn independent panel composed of experts coming from different policy areas;
Amendment 155 #
2010/2311(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to draw up a complete and detailed ‘map’ of all existing counter- terrorism policies in Europe; calls at the same time onlegislation in the EU and the degree of their implementation in the Member States; calls on the Member States to carry out a comprehensive evaluation of their counter- terrorism policies, with a particular focus on interaction with EU policies, overlap and gaps, to cooperate better in the evaluation of EU policies, and to provide their input within the given deadlines, as in the case of the Data Retention Directive8 ;
Amendment 162 #
2010/2311(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to carry out a study into the costs of counter-terrorism policies borne by the private sector, delineating the shares borne by the different sectors of society, as well as an overview of sectors benefiting from counter-terrorism policies;
Amendment 2 #
2010/2304(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Member States to open up network competition fullytake action against potential monopolistic or oligopolistic market situations, thus ensuring that consumers have ample choice in providers of broadband services, in accordance with the new telecom framework rules;
Amendment 9 #
2010/2304(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that the investment risks involved in rolling out new networks can be reduced by measures to drive demand, in particular in the areas of e-procurement, e-commerce, e-governance, and e-health services, and smart meters; calls on the Commission to clarify state aid rules that may damage demand;
Amendment 10 #
2010/2304(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for specific measures to be taken in order to ensure that SMEs can fully enjoy the possibility of broadband in the fields of e-commerce and e-procurement. Calls on the commission to exchange best practices and to consider taking on board a specific programme for SME's and broadband connectivity in the Commissions flagship initiative the digital agenda;
Amendment 24 #
2010/2304(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to coordinate best practices amongst the members states in the field of publically accessible free high-speed wifi networks in public transport;
Amendment 4 #
2010/2289(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas in order to gain the active support of all stakeholders, it is essential that during consultations and dialogue with the Commission as well as in expert groups, effective representation of civil society and SMEs is ensured;
Amendment 13 #
2010/2289(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
3a. Strongly believes that the Single Market should be in the detriment of peoples' rights for social protection
Amendment 21 #
2010/2289(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that one of the main challenges in relaunching the Single Market is ensuring political leadership, commitment and coordination; believes that comprehensive guidance from the highest political level is crucial for the relaunch of the Single Market;
Amendment 26 #
2010/2289(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that Single Market rules are frequently implemented by local and regional authorities; calls on the Commission and Member States to further develop and broaden partnership with local and regional authorities from cohesion policy to Single Market policies;
Amendment 33 #
2010/2289(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the intention of the Commission to increase consultation and dialogue with civil society; asks the Commission to ensure effective representation of civil society and SMEs in consultations, dialogues and expert groups;
Amendment 83 #
2010/2289(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 92 #
2010/2289(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Supports the Commission's initiatives to develop alternative dispute resolution in the EU; Notes that this measure will enhance the level of protection for both consumers and enterprises in EU but it shall not in any case substitute the need for measures to safeguard consumers rights in EU
Amendment 9 #
2010/2278(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 11 #
2010/2278(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Urges the Commission to submit concrete proposals for strengthening social rights in the context of the Single Market;
Amendment 40 #
2010/2278(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’, and specifically Chapter II, ‘Restoring confidence by putting Europeans at the heart of the Single Market’, containing 19 initiatives oriented to European citizens; considers it, however, imperative that the proposed actions be reorganized on the basis of the proposals to be submitted by social actors in Member States ;
Amendment 41 #
2010/2278(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission Communication ‘Towards a Single Market Act’, and specifically Chapter II, ‘Restoring confidence by putting Europeans at the heart of the Single Market’, containing 19 initiatives oriented to European citizens;
Amendment 98 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.1 a (new)
Paragraph 7 – point 7.1 a (new)
7.1a launch a strategy and an open dialogue aimed at tackling high prices, in particular for basic goods and services, in the internal market,
Amendment 177 #
2010/2278(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the programme does not sufficiently analyse the causes of market fatigue or the expectations of Europe’s citizens from a revived Single Market; Reiterates the need for an evaluation of the Single Market based on specific and measurable social goals; Highlights the fact that the evaluation of the Single Market was based on indexes showing the level of movement of capital, people and services ignoring that the focal point should be the citizens;
Amendment 189 #
2010/2278(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that the Communication does not stress the importance of social services; considers this is far from the quality framework promised by the Commission Presidentat these are essential elements of the social welfare state; is of the view that market forces cannot always respond to the dynamic nature of public services; suggests that existing problems should be solved by urging Member States to manage them better instead of institutionally restructuring them;
Amendment 198 #
2010/2278(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission not to ask Member States to limit access to social housing to socially disadvantaged groups and to exclude other groups of citizens in need, given the lack of affordable housing;
Amendment 5 #
2010/2277(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is important to restore confidence in the Single Market at all levels and to eliminate existingunjustified barriers to enterprises and especially SMEs entering business; whereas unjustified high administrative burdens discourage new entrepreneurs,
Amendment 35 #
2010/2277(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission Communication ‘Towards a Single Market Act’ and especially its first chapter on ‘Strong, sustainable and equitable growth for business’;
Amendment 79 #
2010/2277(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Commission to support the efforts of the public sector to adopt innovative approaches, exploiting new technologies and procedures and disseminating best practices in the public administration which will lower bureaucracy and embrace citizen-centred policies;
Amendment 94 #
2010/2277(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 125 #
2010/2277(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out the need to strengthen the fight against online piracy in a proportionate manner andwithout limiting the free use of internet with public support by making full use of the available technology while respecting fundamental rights;
Amendment 135 #
2010/2277(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to improve SMEs‘ access to capital markets by increasing information available on different EU financing opportunities such as those provided by the Competitiveness and Innovation Programme, the European Investment Bank or the European Investment Fund and by making funding procedures easier, quicker and less bureaucratic; calls on commercial banks to refrain from allocating such funds solely to well-established medium sized or big enterprises, thus excluding small, innovative companies;
Amendment 172 #
2010/2277(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to makesimplify public procurement procedures more effective to encourage EU firms to participate in cross-border public procurement; stresses that the participation of SMEs inin order to relieve both local governments and companies from spending a large amount of time and money on purely bureaucratic matters; emphasises that simplifying the procedures will facilitate SMEs’ access to such contracts award procedures should be further facilitatednd enable them to participate on a more equal and fairer footing;
Amendment 174 #
2010/2277(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Commission to make it clear that public authorities may base public procurement on social criteria such as the payment of relevant standard wages and other requirements;
Amendment 194 #
2010/2277(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Believes that service sector is a key element of the single market; Doubts that the Services Directive will provide high quality services in Europe; Urges the Commission to revaluate the impact of the Directive in the upcoming assessment on the principles of universality, affordability, continuity, quality and availability; Encourages Member States to support the public sector and deliver to citizens high quality public services
Amendment 209 #
2010/2277(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Invites the Commission to propose a legal framework forStresses that a legal act on services concessions that would ensure transparency, effective judicial protection for bidders and legal certaintyis unnecessary, considering the clarity offered by relevant ECJ jurisprudence;
Amendment 2 #
2010/2269(INI)
Draft opinion
Recital A
Recital A
A. whereas migration, as a longstanding worldwide phenomenon, has contributed to the exchange of ideas and therefore also to the cultural and economic enrichment of the European Union,
Amendment 5 #
2010/2269(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas freedom of movement is a fundamental right and whereas migration often arises from a desire on the part of migrants to take their existence in hand, build a better future and live in dignity; whereas therefore not only is it impossible to halt migration but nor should it be halted;
Amendment 6 #
2010/2269(INI)
Draft opinion
Recital C
Recital C
C. whereas migration has many reasons, such as fleeing from poverty, injustice, war, persecution, lack of prospects and income, changes in the environment, social situations and unrestwhich have evolved and which multiply over time, such as, in particular, poverty, lack of prospects and income, social situations and unrest, injustice, assaults on and deprivation of liberties, conflicts between or within States, persecution on grounds of religious beliefs, ethnic origin or sexual orientation, discrimination and dispossession of cultural groups/minorities (confiscation of land, etc.), changes in the environment, particularly climate, a desire for family unification and hope for a better future, and whereas very often those reasons are intertwined,
Amendment 13 #
2010/2269(INI)
Draft opinion
Recital D
Recital D
D. whereas the primary goal of EU migration policy should be to address the reasons for migration and find durable and sustainable solutions to the challenges that arise from migration in the countries of origin and transit and in the host Member States,
Amendment 33 #
2010/2269(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that there is a need for further research on climate-induced migration and asks the Commission to address the problem of migration due to the above causes, environmental factors and climate change forced migration and to consider the possibility of allowing the migrants concerned to qualify for subsidiary protection on a temporary basis until longer-term solutions are found;
Amendment 34 #
2010/2269(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the European Union and Member States to take action both internally and at international level to encourage the countries of origin of migrants to adopt and implement measures and policies which enable them to develop socially, economically and democratically and do not compel their citizens/nationals to migrate; calls on the Union and Member States therefore to take the necessary steps to finance their development, particularly to swiftly attain the target of allocating 0.7% of their GDP to development aid;
Amendment 3 #
2010/2245(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need for the Commission to put citizens concerns at the forefront of Innovation Union and engage an open dialogue with relevant stakeholders advocating citizens' rights.
Amendment 22 #
2010/2245(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of speeding up the simplification of the EU's research and innovation programmes in order to increase the scope for enterprises to participate in EU-funded projects; notes that the simplified procedures will ensure effective and efficient use of public funding and avoid expending resources on complex rules, administrative burdens and disproportionate controls;
Amendment 32 #
2010/2245(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and Member States to encourage the use of pre- commercial procurement as an integral part of the EU's innovation strategy; calls in particular on the Commission to clar, as part of the general review of the public procurement legal framework, to clarify and simplify the relevant rules and enable contracting authorities across the board to make actual use of pre-commercial procurement;
Amendment 23 #
2010/2206(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to support the proposal by the hotel industry to harmonise the classification of hotels and to take legislative action if such harmonisation cannot be achieved throughout the EU;
Amendment 52 #
2010/2206(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to ensure that passengers are better informed about their rights on all forms of public transport, so as to ensure that European citizens feel legal certainty while travelling within the European Union;
Amendment 53 #
2010/2206(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Urges Member States to encourage alternative forms of tourism, such as agritourism; takes the view that these forms of development will boost the activities of SMEs, particularly family- type hotel units, in the tourist sector; stresses that these enterprises should be classified differently;
Amendment 4 #
2010/2109(INI)
Motion for a resolution
Recital A
Recital A
Amendment 15 #
2010/2109(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the number of persons employed per square metre in a retail shop decreases with increase in surface area, and therefore stresses that especially small shops contribute to the creation of more jobs;
Amendment 21 #
2010/2109(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 54 #
2010/2109(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the concern expressed by parts of civil society and SMEs about the increase in shopping centres and the decrease in local shops and markets in remote areas and town centres; stresses that retail planning should not sacrifice consumers' freedom of choicethe Commission and Member States should take all appropriate measures to cope with this problem;
Amendment 64 #
2010/2109(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that accessibility must be addressed in full respect of subsidiarity; underlines, however, that local planning must not circumis essential in preventing the Services Directive and create hidden barriers to the establishment of retailerdecrease of local shops in remote areas and town centres; stresses that local planning serves in this way as an important tool in increasing security and vivacity of both town centres and remote towns;
Amendment 68 #
2010/2109(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Encourages local authorities to consider very carefully on which location the expansion of the retail sector is the most sustainable and effective, and to invest in a coherent manner, for example by only allowing retailers to establish a shop in the old town centre and prohibiting the establishment of retailers outside the town;
Amendment 76 #
2010/2109(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 81 #
2010/2109(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes with concern that retailers suffer from various forms of crime such as advertising fraud (i.e. sending false invoices about fake advertisements to entrepreneurs forcing them to pay by using illegal methods such as extortion) and criminal gangs operating at European level; asks the Commission and Member States to give greater attention to combating these forms of crime, in close cooperation with Europol and Eurojust;
Amendment 85 #
2010/2109(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 90 #
2010/2109(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises that companies have different market power, that they need to act in an economically sound way and that the EU needs economic champions to compete globally; calls at the same time on the Commission to base its retail market strategy on the principle of subsidiarity, in respect of local producers and the viability of SMEs;
Amendment 103 #
2010/2109(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Recognises that the retail market consists not only of businesses but also of its human capital, workers and consumers; calls on the Commission to promote policies for all three groups, strongly supporting the rights and collective agreements of the workers in the EU;
Amendment 6 #
2010/2085(INI)
Motion for a resolution
Recital 24 a (new)
Recital 24 a (new)
Εa. whereas the effectiveness of the national surveillance authorities is central to the operation of an adequate market surveillance system.
Amendment 9 #
2010/2085(INI)
Motion for a resolution
Recital F
Recital F
F. whereas cooperation among market surveillance authorities and joint market surveillance actions are essential and should therefore be strengthened further and community resources delegated hereto, which will strengthen the infrastructure of the national market surveillance authorities.
Amendment 10 #
2010/2085(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the current legislative framework for market surveillance has to be enforced in an effective manner and be further coordinated; so as to avoid loopholes in legislation which will be exploited.
Amendment 13 #
2010/2085(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes to the Commission to establish a common European frameworkauthority for market surveillance coordination;
Amendment 16 #
2010/2085(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States to designateploy adequate financial and human resources tofor market surveillance activities; calls on the Commission to put pressure on, assist and encourage theexamine the possibility of increasing funding for market surveillance authorities and to put pressure on Member States to increase thuse resources fmor market surveillance; emphasizes that failing market surveillance systems undermine the citizen’s trust ine rationally; emphasizes that an improvement in Member States’ market surveillance systems will have added value for the ienternalire single market;·
Amendment 43 #
2010/2085(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists that a common definition of “'child-appealing product” should' is essential for achieving integrated protection for the most vulnerable group of consumers and that it should therefore be included in the current revision of the GPSD and in sector specific legislation on harmonised products; welcomes the work of an ad-hoc working group on child appealing appliances; Calls for more transparency throughout that process and wishes to be more informed on the progress achieved so far;
Amendment 67 #
2010/2085(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the need for the market surveillance authorities to fully participate in the process of standard development, as this is a suitable mean to ensure that the voluntary application of standards will increase consumer safety;delete
Amendment 2 #
2010/2021(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 20 #
2010/2021(INI)
Motion for a resolution
Paragraph 10 – first indent
Paragraph 10 – first indent
– consultations in the preparation and drawing-up of delegated acts, while ensuring the access for the rapporteur of the basic legislative act or any other designated person to the consultative meetings and other exchanges of information at the consultation stage, including at experts' level,
Amendment 2 #
2010/2011(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas at the same time, efforts to harmonise legislation to overcome these obstacles, have sometimes led to over- regulation from which the majority of SMEs, in particular the micro-entities who do not wish to operate at the European market but prefer to remain active locally, as well as local governments have had adverse effects, and therefore better regulation is called for with a minimum of administrative burdens,
Amendment 8 #
2010/2011(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the liberalization in the single market has led to increased prices, lower quality and fewer services.
Amendment 13 #
2010/2011(INI)
Motion for a resolution
Recital E
Recital E
E. whereas, thea new EU 2020 Strategy should set realistic targets for achieving a green, knowledge-based economy and sustainable growth by 2020; whereas the cornerstone of the EU 2020 Strategy should be the single European market, with the challenges of social jusis needed which will promote economically, socially and environmentally sound sustainable development throughout the European Union; whereas the cornerstone is an integrated EU strategy for Social Justice, Sustainability and Solidarity based on mutually supportive economic, social and environmental pillars steered by a democratice and participatory process of socio-economic growthovernance and a focus on benefits to citizens, consumer protection and SMEs,
Amendment 17 #
2010/2011(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Considers that the focus on "competitiveness" and "cost cutting" underlying the Lisbon Strategy also aggravated the severe economic imbalances within the euro-zone (countries with large export surplus against countries with large current account deficits) and within the EU more generally, undermining the EU's economic, social and territorial cohesion;
Amendment 21 #
2010/2011(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the business-oriented functioning of the Internal Market, especially during the last decade, has contributed to increased social inequalities; highlights that the privatization of services, together with a policy that stimulates greed and a focus on short-term profits, has led to the current financial and economic crisis;
Amendment 29 #
2010/2011(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 39 #
2010/2011(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that a human-centred approach should replace the exclusive emphasis of single market on business competiveness and labour-costs reduction policies that led to the gradual deterioration of peoples' income and rights.
Amendment 60 #
2010/2011(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Maintains that revitalisation of the single market requires the introduction of more adequate checks and balances to guarantee citizens and consumers the necessary protectionat the core of the new strategy there needs to be an alternative programme, reshaping and strengthening consumer protection programmes of the Member States; considers that a citizen- based approach will not only help the Union to win back popular confidence in the single European market andbut also to find the right formula for the adoption of initiatives to give the Union the competitive edge it needs, without prejudice to the social dimension;
Amendment 70 #
2010/2011(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that the major challenge facing the Union is to find a balance between an open economy,the right level of regulation, so that the single market is capable of stimulating economic growth and job creation, and an economic system whichbut is equally up to the task of delivering consumer protection and the social and environmental safeguards that citizens need;
Amendment 80 #
2010/2011(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Urges that, in the digital era, the Union must fully realise the potential and opportunities offered by the Internet and e- commerce for further development of the single market and, together with Member States, take all necessary steps to overcome the digital divide and make internet available to all European citizens; emphasises that the development of new technologies must take into account the need to protect citizens, consumers and SMEs;
Amendment 83 #
2010/2011(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Endorses initiatives taken by the Commission to prioritisomote research, knowledge and innovation in any future strategy; expects that sufficient funds will be allocated in successive Union budgets in order to address these crucial matters will be given high priority;
Amendment 96 #
2010/2011(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Emphasises that, in order to secure the social backing and cooperation of European citizens, the EU and national institutions must radically change popular perceptionscitizens should be better informed on the scope of their rights and benefits in the framework of the single market by making peopland of the aware of and able to understand the benefits it offers themys to effectively claim these rights;
Amendment 99 #
2010/2011(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that some of the most evident problems encountered by consumers, especially in the services sector, are: (1) lack of access to comparable and objective information, including price comparisons; (2) complexity in contractual relations; (3) uncertainty concerning payment and redress; and (4) lack of awareness and confidence in the system12 ; (5) the continuous increase in prices and (6) lower quality and fewer services;
Amendment 107 #
2010/2011(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Deplores the fact that the single market, among all other aspects, has not resulted reductions of prices in favour of the consumers; believes that consumers' rights should be reinforced and benefit from price reductions; highlights that these reductions should not be to the detriment of workers' rights;
Amendment 108 #
2010/2011(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Stresses that the main responsibility for unfair pricing of products in the internal market lies with businesses and the practices they follow in order to maximise their profits; believes that a responsible approach by the business world with respect for the principle of corporate responsibility, the rules of competition and consumers' economic interests will help inspire confidence in consumers, the least that is required if consumer protection is to be enhanced;
Amendment 117 #
2010/2011(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Affirms that SMEs form an essential part of the backbone of the European economy and are the main drivers for job creation, innovation, economic growth and social cohesion in Europe; contends that the active participation of SMEs in an enlarged EU is imperative in making the single market more competitive;
Amendment 125 #
2010/2011(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Will back future joint initiatives by the Commission and the Member States to: (1) support small businesses operating across borders throughout the EU; (2) effect a tangible reduction in administrative, financial and regulatory burdens, particularly the administrative hurdles faced by SMEs, irrespective of whether they operate locally, nationally or at European level, in accordance with the principle of proportionality;
Amendment 150 #
2010/2011(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Stresses that violations of consumer rights are inextricably linked with the lack of accountability on the internal market; calls on the Commission to take steps to inform consumers in this area; calls on the Commission to adopt legislation that will help protect consumers' economic interests; calls on the Member States to strengthen the measures and the bodies responsible for supervision of the internal market;
Amendment 168 #
2010/2011(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
Amendment 181 #
2010/2011(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Suggests to the Commission that the single market strategy should comprise four main stages: the first to include an evaluation or health check of the current situation to assess the degree of distortion and strain that the various stakeholders in the single market have suffered as a result of the crisis; the second to see the launch of a consolidation process, tying up loose ends; the third to entail development and improvement of the single market; and the fourth to concentrate on the longer-term vision of the market (EU 2020 Strategy) based on specific and measurable social goals (eradicating poverty and social exclusion, full employment with ‘decent work’, social and territorial cohesion across the EU, equity, social welfare) reflecting the interest of European citizens;
Amendment 186 #
2010/2011(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Encourages the Commission to bring forward a proposal for a single market legislative package by May 2011 – well ahead of the adoption of its announced 2012 single market programme – putting social policy and consumer protection at the centre of the single market to achieve the desired aim of a highly competitive social market economy, which would at the same time ensure a credible level playing field away from the focus on short-term profit of especially big enterprises;
Amendment 201 #
2010/2011(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51a. Calls on the Commission to include to its single market legislative proposals for Member States specifically aimed at combating economic exploitation of consumers; such as restoring, at European level, the right of Member States to control the prices of basic goods;
Amendment 218 #
2010/2011(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Is of the opinion that the Commission needs to undertake an evaluation of the Service Directive to determine whether it has achieved its main goals, whether there have been any adverse side effects, in particular in the field of social rights and how these can be addressed, and to treat the issue as a matter of urgency;
Amendment 93 #
2010/0802(COD)
Draft directive
Recital 4
Recital 4
(4) The resolution of the European Parliament of 2 February6 November 20069 on the current situation in combatingelimination of violence against women1: (a) which states, referring to the Beijing UN Platform for Action, that violence against women andis any future actions recommends that Member States formulate a zero-tolerance policy as regards all forms of violence against women and calls on Member States to take appropriate measures to ensure better protection of and support to actual act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty; (b) which states, referring to the Beijing UN Platform for Action, that violence against women is a manifestation of the historically unequal power relations between men and women; (c) calls on the Member States to improve their national laws and policies to combat all forms of violence against women and to act in order to tackle the causes of violence against women, not least by employing preventive measures and calls on the Union to guarantee the right to assistance and support for all victims of violence. The resolution of the European Parliament of 10 February 2010 on equality between women and men in the European Union – 20092 endorses the Spanish Presidency's proposals to introduce the Europeand protential victimsction order for victims and a common EU-wide telephone helpline for victims. ––––––––––––––––– 1. P7_TA(2009)0098. 2. P7_TA(2009)0021.
Amendment 98 #
2010/0802(COD)
Draft directive
Recital 4 a (new)
Recital 4 a (new)
(4a) One in four Europeans is the victim of an offence, 90 % of protection orders are issued in cases of gender-based violence and more than 100 000 women living in the EU are covered by protection orders.
Amendment 106 #
2010/0802(COD)
Draft directive
Recital 8
Recital 8
(8) This Directive should be applied and enforced in such a way that the protected person receives the same or equivalent protection in the executing State as he would have received if the protection measure had been issued in that State ab initio, thus avoiding any discrimination. In doing so, the competent authority in the executing State will, in accordance with its national law, adopt any appropriate measure which effectively provides for the continued protection of the protected person in the executing State. The financial costs relating to the issuing of the European protection order should not be imposed on the protected person.
Amendment 113 #
2010/0802(COD)
Draft directive
Recital 10
Recital 10
(10) Where appropriate, it should be possible to use electronic means with a view to putting into practice the measures adopted in application of this Directive, in accordance with national laws and procedures. This should not pave the way for the creation of a database of all protected persons in the European Union, as this would render them even more vulnerable in light of cyber criminality.
Amendment 120 #
2010/0802(COD)
Draft directive
Article - 1 (new)
Article - 1 (new)
Amendment 150 #
2010/0802(COD)
Draft directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. On the basis of a protection measure adopted in the issuing State, a judicial authority of that State, or another competent authority referred to in Article 4(2), shall, only at the request of the protected person, or his or her legal representative, guardian or tutor, regardless of whether the protected person has already moved to that Member State or not, issue a European protection order, after verifying that the protection measure meets all the requirements set out in Article 3(12(2).
Amendment 176 #
2010/0802(COD)
Draft directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) upon receipt of a European protection order transmitted in accordance with Article 7, recognise that order and take, where appropriate, all measures that would be available under its national law in a similar case in order to ensure the protection of the protected personwithout delay and take any corresponding measures ensuring the continued protection of the protected person under its national law in a similar case, unless it decides to invoke one of the grounds for non-recognition referred to in Article 9; In doing so, the measures adopted by the competent authority of the executing State shall correspond, as much as possible, to the protection measure issued initially;
Amendment 178 #
2010/0802(COD)
Draft directive
Article 8 – paragraph 1 – point a a (new)
Article 8 – paragraph 1 – point a a (new)
(aa) inform the competent authority in the issuing State about the time-limits set by the competent authority in the executing state to complete the European protection order in order to avoid the non- recognition of a European protection order.
Amendment 179 #
2010/0802(COD)
Draft directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) inform the person causing danger, where appropriate, of any measure taken in the executing State, avoiding the disclosure of any information exposing the protected person, such as his or her address or other contact details, provided that such information is not comprised in the obligations or prohibitions imposed as an enforcement measure on the person causing danger;
Amendment 182 #
2010/0802(COD)
Draft directive
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) the competent authority in the executing State shall, without delay, inform the protected person when, according to its national law, the maximum term of duration of the measures adopted in the execution of the European protection order has expired;
Amendment 196 #
2010/0802(COD)
Draft directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the European protection order is not complete orand has not been completed within tha reasonable time-limit set by the competent authority of the executing State;
Amendment 37 #
2010/0363(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) National regulatory authorities should be responsible for ensuring that this Regulation is enforced in the Member States. To this end they should have the necessary investigatory powers to allow them to carry out this task efficiently. These powers should be exercised in a proportionate manner, while duly respecting the executive powers of the State.
Amendment 43 #
2010/0363(COD)
Proposal for a regulation
Article 2 – point 4 – subpoint d a (new)
Article 2 – point 4 – subpoint d a (new)
(da) contracts relating to the conversion of natural gas (de-liquefaction and liquefaction);
Amendment 56 #
2010/0363(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 – point b
Article 10 – paragraph 1 – subparagraph 2 – point b
(b) in collaboration with other authorities or market undertakings;
Amendment 57 #
2010/0363(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) require existing telephone and existing data traffic records, while duly respecting legislation on the protection of personal data;
Amendment 33 #
2010/0275(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The Agency shall assist the Commission and the Member States to meet the legal and regulatory requirements of network and information security in present and future Union legislation, thus contributing to the smooth functioning of the internal market and ensuring the highest standards of data protection in the area of freedom, security and justice.
Amendment 39 #
2010/0275(COD)
(fa) Support law enforcement and judicial authorities, at their request or on the Agency's own initiative, with expertise in fighting cybercrime and responding to cyber incidents. The Agency shall however not initiate specific criminal investigations and shall not routinely be called to provide operational assistance to law enforcement and judicial authorities, such as cybercrime investigations or computer forensics;
Amendment 42 #
2010/0275(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Computer Emergency Response Teams (CERTs) 1. The Agency shall support national CERTs in Member States and at Union level and the establishment and operation of a network of national and Union CERTs, including the members of the European Governmental CERTs Group. To assist in ensuring that each of the national and Union CERTs have sufficiently advanced capabilities and that those capabilities correspond as far as possible to the capabilities of the most advanced CERTs, the Agency shall assist in benchmarking the teams and shall promote dialogue and exchange of information and best practices between the CERTs and the European Governmental CERTs Group. The Agency shall promote and support cooperation between the relevant national and Union CERTs in the event of incidents involving or potentially involving several of them. 2. The Agency shall facilitate contacts and exchanges of information and best practices with relevant state and other CERTs, groups and fora in third countries. 3. The Agency shall function as the EU CERTs coordination body.
Amendment 37 #
2010/0273(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Attacks against information systems, in particular as a result of the threat fromat least those linked to organised crime, are a growing menace, and there is increasing concern about the potential for terrorist or politically motivated attacks against information systems which form part of the critical infrastructure of Member States and the Union. This constitutes a threat to the achievement of a safer information society and an area of freedom, security and justice, and therefore requires a response at the level of the European Union.
Amendment 41 #
2010/0273(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Member States should provide for penalties in respect of attacks against information systems. The penalties provided for should be effective, proportionate and dissuasive.
Amendment 69 #
2010/0273(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Any personal data processed in the context of the implementation of this Directive should be protected in accordance with the rules laid down in the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters with regard to those processing activities which fall within its scope and Regulation (EC) No. 45/2001 of the European Parliament and the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. This Directive should also be consistent with Directive 95/46/EC1 and the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981; it should also take account of two recommendations of the Committee of Ministers of the Council of Europe, No R(87)15 regulating the use of personal data in the police sector and No R(95)4 on the protection of personal data in the area of telecommunication services, with particular reference to telephone services. _________________ 1 Directive 95/46/EC of the European Parliament and of the Council of 24.10.1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
Amendment 70 #
2010/0273(COD)
Proposal for a directive
Recital 16
Recital 16
(16) This Directive should respects the fundamental freedoms and rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, including the protection of personal data, the right to privacy, freedom of expression and information, the right to a fair trial, presumption of innocence and the rights of the defence, as well as the principles of legality and proportionality of criminal offences and penalties. In particular, tThis Directive seeks tomust ensure full respect for these rights and principles and mustshould be implemented accordingly.
Amendment 73 #
2010/0273(COD)
Proposal for a directive
Article 1
Article 1
This Directive defines criminal offences in the area of attacks against information systems and establishes minimum rules concerning penalties for such offences. It also aims to introduce common provisions to prevent such attacks and improve European criminal justice cooperation in this field. It also aims to encourage the production of ever more secure IT tools and the installation of ever more secure IT systems.
Amendment 88 #
2010/0273(COD)
Proposal for a directive
Article 4
Article 4
Member States shall take the necessary measures to ensure that the intentional serious hindering or interruption of the functioning of an information system by inputting, transmitting, damaging, deleting, deteriorating, altering, suppressing or rendering inaccessible computer data is punishable as a criminal offence when committed without right, at least for cases which are not minorinvolve criminal intent and which have serious and damaging consequences for the existence and functioning of the information system or systems concerned.
Amendment 100 #
2010/0273(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3 to 8 are punishable by effective, proportional and dissuasive criminal penalties.
Amendment 119 #
2010/0273(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 11(1) is punishable by effective, proportionate and dissuasive penalties, which shall include criminal or non- criminal fines and may include other sanctions, for example:
Amendment 127 #
2010/0273(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Training 1. Member States shall encourage the organisation and contribute to the funding of training courses for members of the public so that the latter are aware of the possibility of attacks intended to undermine the freedom and security of cyberspace and are able to protect themselves against such attacks. 2. Member States shall incorporate into their school curricula lessons which teach pupils about IT tools, the dangers they pose and how to protect themselves.
Amendment 65 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2 – indent 4
Article 3 – paragraph 2 – indent 4
– the right to be brought promptly before a court if the suspected or accused person is arrested., allowing for the time necessary for that person to prepare his/her defence,
Amendment 72 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2 – indent 4 a (new)
Article 3 – paragraph 2 – indent 4 a (new)
– the right to contact a trusted person or a consular official if the suspected or accused person is deprived of his/her liberty,
Amendment 73 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2 – indent 4 b (new)
Article 3 – paragraph 2 – indent 4 b (new)
– the right to medical care if the suspected or accused person is deprived of his/her liberty,
Amendment 74 #
2010/0215(COD)
Proposal for a directive
Article 3 – paragraph 2 – indent 4 c (new)
Article 3 – paragraph 2 – indent 4 c (new)
– the right to bail if the suspected or accused person is deprived of his/her liberty,
Amendment 83 #
2010/0215(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In addition to the information to be given under Article 3, the person deprived of liberty shall be informed of the following: (a) for how many hours or days he or she may be deprived of liberty before being brought before a judicial authority; (b) how to challenge the arrest and how to secure a review of his or her detention, including the time limits for doing so provided under national law; (c) the maximum period of pre-trial detention applicable in his or her case.
Amendment 12 #
2010/0208(COD)
The European Parliament rejects the Commission proposal.
Amendment 13 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 1
Recital 1
(1) Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed16 establish, in accordance with the precautionary principle, a comprehensive legal framework for the authorisation of genetically modified organisms (GMOs), which is fully applicable to GMOs to be used for cultivation purposes throughout the EU as seeds or other plant-propagating material (hereinafter ‘GMOs for cultivation’).
Amendment 17 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 2
Recital 2
(2) Under this set of legislation, GMOs for cultivation shall undergo an individual risk assessment before being authorised to be placed on the Union market. The aim of this authorisation procedure is to ensure a high level of protection of human life and health, animal health and welfare, the environment and consumer interests, whilst ensuring the effective functioning of the internal market and to address citizens’ ethical and societal considerations.
Amendment 22 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 2 a (new)
Recital 2 a (new)
(2a) There is a need for the precautionary principle to be taken into account in the framework of this Regulation and when implementing it.
Amendment 23 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 4
Recital 4
(4) OnceEven if a GMO is authorised for cultivation purposes in accordance with the EU legislative framework on GMOs and complies, as regards the variety that is to be placed on the market, with the requirements of EU legislation on the marketing of seed and plant propagating material, Member States are not authorisedshould have the possibility to prohibit, restrict, or impede its free circulation within their territory, except under the conditions defined by EU legislation.
Amendment 29 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 6
Recital 6
(6) In this context, it appears appropriate to grant to Member States, in accordance with the principle of subsidiarity, more freedom to decide whether or not they wish to cultivate GMO crops on their territory without changing the system of Union authorisations of GMOs and independently of the measures that Member States are entitlrequired to take by application of Article 26a of Directive 2001/18/EC within and across borders to avoid the unintended presence of GMOs in other products.
Amendment 42 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) Cultivation is closely linked to the use of land and the protection of flora and fauna, for which Member States retain important competencies; taking into account that national territories are characterised by an ample diversity of ecosystems and that any impacts on ecosystems may also have health implications, Member States should be given the right to restrict or ban GM cultivation on their territory on grounds related to environmental or health impacts or other legitimate factors which are complementary to those examined during the risk assessment process conducted under Part C of Directive 2001/18/EC or which have not been addressed or have not been sufficiently dealt with as part of that assessment.
Amendment 47 #
2010/0208(COD)
Proposal for a regulation - amending act
Recital 9
Recital 9
(9) On the basis of the subsidiarity principle, the purpose of this Regulation is not to harmonize the conditions of cultivation in Member States but to grant freedom to Member States to invoke orestrict or prohibit the cultivation of GMOs on their grounds than scientific assessment of health and environmental risks to ban cultivation of GMOs on their territoryterritory on grounds relating to environmental or health impacts or other legitimate factors which might arise from the deliberate release of GMOs, and which are complementary to those examined during the risk assessment process conducted under Part C of this Directive or which have not been addressed or have not been sufficiently dealt with as part of that assessment. In addition one of the purposes of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations which is to allow the Commission to consider the adoption of binding acts at EU level would not be served by the systematic notification of Member States’ measures under that Directive. Moreover, since measures which Member States can adopt under this Regulation cannot have as a subject the placing of the market of GMOs and thus does not modify the conditions of placing on the market of GMOs authorised under the existing legislation, the notification procedure under Directive 98/34/EC does not appear the most appropriate information channel for the Commission. Therefore, by derogation, Directive 98/34/EC should not be applicable. A simpler notification system of the national measures prior to their adoption appears to be a more proportionate tool for the Commission to be aware of these measures. Measures which Member States intend to adopt should thus be communicated together with their reasons to the Commission and to the other Member States one month prior to their adoption for information purposes.
Amendment 60 #
2010/0208(COD)
Proposal for a regulation – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2001/18/EC
Article 26 a – paragraph 1
Article 26 a – paragraph 1
Directive 2001/18/EC shall be amended as follows: (-1) Article 26a(1) shall be replaced by the following: ‘1. Member States shall take appropriate measures to avoid the unintended presence of GMOs in other products within and across national borders.’
Amendment 81 #
2010/0208(COD)
Proposal for a regulation - amending act
Article 1 – point 1
Article 1 – point 1
Directive 2001/18/EC
Article 26 b – paragraph 1 – point a
Article 26 b – paragraph 1 – point a
(a) those measures are based on grounds other than those related to the assessment of the adverse effect on health and environment which mightrelated to environmental or health impacts which might arise from the deliberate release of GMOs, or on other legitimate factors. National measures may be based, inter alia, on the following grounds: - the prevention of the development of pesticide resistance amongst weeds and pests due to the deliberate release of GMOs; - the protection of farmers against increased dependence from companies holding patents on GM seeds and corresponding herbicides; - the prevention of changes in agrise from the deliberate release or the placing on the market of GMOscultural practices, caused by the deliberate release of GMOs, resulting in negative impacts on the environment, health or existing farming practices that are ecologically more sustainable;
Amendment 38 #
2010/0064(COD)
Draft legislative resolution
Citation 2
Citation 2
– having regard to Article 294(2), and Articles 16, 82(2) and Article 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7- 0088/2010),
Amendment 39 #
2010/0064(COD)
Draft legislative resolution
Citation 2 a (new)
Citation 2 a (new)
– having regard to Articles 7, 8, 11 and 24 of the Charter of Fundamental Rights of the European Union,
Amendment 40 #
2010/0064(COD)
Draft legislative resolution
Citation 2 b (new)
Citation 2 b (new)
– having regard to Articles 8 and 10 of the European Convention on Human Rights,
Amendment 41 #
2010/0064(COD)
Draft legislative resolution
Citation 2 c (new)
Citation 2 c (new)
– having regard to the 1989 United Nations Convention on the Rights of the Child, particularly Articles 19 and 34 thereof,
Amendment 42 #
2010/0064(COD)
Draft legislative resolution
Citation 2 d (new)
Citation 2 d (new)
– having regard to the 2007 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse,
Amendment 54 #
2010/0064(COD)
Proposal for a directive
Recital 7
Recital 7
(7) TUnless there is an element of abuse, coercion or exploitation, this Directive does not govern Member States' policies with regard to consensual sexual activities in which children may be involved and which can be regarded as the normal discovery of sexuality in the course of human development, taking account of the different cultural and legal traditions and of new forms of establishing and maintaining relations among children and adolescents, including through information and communication technologies.
Amendment 57 #
2010/0064(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Investigating offences and bringing charges in criminal proceedings should be facilitated, to take into account the difficulty for child victims of denouncing abuse and the anonymity of offenders in cyberspace. To ensure successful investigations and prosecutions of the offences referred to in this Directive, effective investigation tools should be made available to those responsible for the investigation and prosecutions of such offences. These tools may include covert operations, interception of communications, covert surveillance including el or surveillance as long as the protectrionic surveillance, monitoring of bank accounts or other financial investigation of privacy is respected in accordance with national and EU standards.
Amendment 64 #
2010/0064(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Measures to protect child victims should be adopted in their best interest, taking into account an assessment of their needs, including the protection of their identity at all times. Such measures should also include the prevention of such abuse through the organisation of awareness-raising campaigns addressed to all parties concerned, including children, parents and education practitioners, in order for them to learn to recognise the signs of sexual abuse, both online and offline. Child victims should have easy access to legal remedies, including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family. Moreover, child victims should be protected from sanctions, for example under national legislation on immigration or prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma as a result of interviews or visual contact with offenders.
Amendment 68 #
2010/0064(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To prevent and minimise recidivism, offenders should be subject to an assessment of the danger posed by the offenders and the possible risks of repetition of sexual offences against children, and should have access to effective intervention programmes or measuhave access to support programmes, treatment or cares on a voluntary basis.
Amendment 73 #
2010/0064(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Where the danger posed by the offenderIn cases of recidivism, or attempts thereof, measures cand the possible risks of repetition of the offences make it appropriate, convicted offenders should be temporarily or permanently prevented from exercising activities involving regular contacts with children, wh be adopted by a judiciary authority in order to temporarily or permanently prevent any regular professional contacts between the offenderes appropriatend children. Implementation of such prohibitions throughout the EU should be facilitated.
Amendment 77 #
2010/0064(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Child pornography, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web. Action is therefore necessary to remove the content at source and apprehend those guilty of making distributing or downloading child abuse images. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EUFor that purpose, mechanisms should also be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating thestrengthen international comopetent judicial or police authorities to order such blocking, or supporting and stimulating Internet Service Providers on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between pubration between states, judicial and police authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online, and reporting points for child pornography in order to ensure the safe and fast removal such websites.
Amendment 115 #
2010/0064(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Coercing, forcing or threatening a child into sexual activities with a third party shall be punishable by a maximum term of imprisonment of at least ten years.
Amendment 193 #
2010/0064(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
The proposal, by means of information and communication technology, byo influence, as an adult to meet, a child who has not reached the age of sexual consent under national law, for the purpose ofby means of written or spoken word or by the showing of pornographic material, in order to committing any of the offences referred to in Articles 3 (3) and, Article 54 (62), where this proposal has been followed by material acts leading to such a meetingand Article 5 (6), shall be punishable by a maximum term of imprisonment of at least two years.
Amendment 211 #
2010/0064(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
The provisions of Article 3 (2), with regard to witnessing sexual activities, and (3);, Article 4 (2) and (4) and Article 5 do not govern consensual sexual activities between children or involving persons who are close in age and degree of psychological and physical development or maturity, insofar as the acts did not involve any abuse, exploitation, coercion, force or threats.
Amendment 213 #
2010/0064(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the child has not reached the age of sexual consent under national law, or exhibits signs of slower physical and psychological development;
Amendment 241 #
2010/0064(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall provide for the possibility of not prosecutinge or imposinge penalties on child victims of the offences referred to in Articles 4 and Article 5 (4) to (6) for their involvement in unlawful activities as a direct consequence of being subjected to those offences.
Amendment 250 #
2010/0064(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable investigative units or services, in accordance with national and EU data protection legislation, to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology.
Amendment 254 #
2010/0064(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Member States shall take the necessary measures to enable investigative units or services to attempt to identify the victims of the offences referred to in Articles 3 to 7, in particular by analysing child pornography material, such as photographs and audiovisual recordings transmitted or made available by means of information and communication technology. For that purpose, mechanisms shall be put in place to ensure the efficient cooperation and knowledge transfer between law enforcement authorities, judicial authorities, social welfare authorities, the Information and Communication Technology (ICT) industry and civil society organisations. Police forces and social services should work together on these cases so that children receive an adequate response and treatment when they are identified.
Amendment 264 #
2010/0064(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. As soon as the competent authorities have an indication that the child might be subjected to an offence referred to in Articles 3 to 7 of this Directive, an individual assessment of the special circumstances of the child victim, taking due account of the child's views, needs and concerns, shall be carried out. Social welfare authorities shall be present during this assessment, which will aim to: a) determine the level of maturity of the victim; b) establish the parameters of the consent of the victim; c) verify the age of the victim; d) determine possible psychological or physical damage, and whether coercion was involved; e) verify whether there was a conflict of interest from a family member or someone in close contact with the victim. On the basis of this assessment, Member States shall take the necessary measures to ensure that specific actions are taken to assist and support victims in the short and long-term, in their physical, psychological and social recovery, including appropriate and safe accommodation, material assistance, medical treatment, including psychological assistance and counselling as well as access to education. Victims with special needs must also be attended appropriately.
Amendment 265 #
2010/0064(COD)
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. Member States shall take the necessary measures to ensure that assistance and support to the victim are not made conditional on the victim's willingness to cooperate in the criminal investigation and/or proceedings.
Amendment 266 #
2010/0064(COD)
Proposal for a directive
Article 17 – paragraph 2 c (new)
Article 17 – paragraph 2 c (new)
2c. Member States shall ensure that the identity of the child will be protected before, during and after the criminal proceedings, regardless of their willingness to cooperate in the criminal investigation and/or proceedings.
Amendment 267 #
2010/0064(COD)
Proposal for a directive
Article 17 – paragraph 2 d (new)
Article 17 – paragraph 2 d (new)
2d. Member States' social welfare authorities will establish links with local civil society organisations or local support networks engaged in the protection of and assistance to victims of sexual abuse or exploitation to ensure victims have any necessary protection and assistance and to ensure victims continue to receive adequate support and protection for an appropriate period of time after they reach eighteen years of age.
Amendment 269 #
2010/0064(COD)
Proposal for a directive
Article 18
Article 18
Amendment 285 #
2010/0064(COD)
Proposal for a directive
Article 19 – title
Article 19 – title
Amendment 292 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, judicial authorities appoint a special representative for the child victim where, by national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the familye child victim is given an appropriate time period to decide if he or she will cooperate with the competent authorities in the criminal proceedings.
Amendment 293 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. Victims of any of the offences referred to in Articles 3 to 7 shall be considered as particularly vulnerable victims pursuant to Article 2 (2), Article 8 (4) and Article 14(1) of Framework Decision 2001/220/JHA.
Amendment 294 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
1b. Member States shall take measures, where appropriate and possible, to provide assistance and support to the victim’s family. In particular, Member States shall, where appropriate and possible, apply Article 4 of Council Framework Decision 2001/220/JHA to the family.
Amendment 295 #
2010/0064(COD)
Proposal for a directive
Article 19 – paragraph 1 c (new)
Article 19 – paragraph 1 c (new)
1c. Member States shall take the necessary measures to ensure that in criminal investigations and proceedings, judicial authorities appoint a special representative for the child victim where, by national law, the holders of parental responsibility are precluded from representing the child as a result of a conflict of interest between them and the child victim, or where the child is unaccompanied or separated from the family.
Amendment 308 #
2010/0064(COD)
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a Prevention Measures 1. Member States shall take appropriate actions such as information and awareness raising campaigns, research and education programmes, where appropriate in cooperation with civil society organisations and local support networks, aimed at raising awareness and reducing the risk of children becoming victims of sexual abuse, sexual exploitation or sexual abuse images. These measures must be addressed to all parties concerned, including children, parents and education practitioners, in order for them to learn how to recognise the signs of sexual abuse, both online and offline. 2. Help-lines shall be set up create a safe and anonymous communication channel between children that are or may be victims and members of relevant civil society organisations or local support networks.
Amendment 310 #
2010/0064(COD)
Proposal for a directive
Article 20 – paragraph 3 – introductory part
Article 20 – paragraph 3 – introductory part
3. Member States shall take the necessary measures to ensure that persons convicted of offences referred to in Articles 3 to 7, where appropriate considering the assessment referred to in paragraph 1: , in criminal court proceedings relating to any of the offences referred to in Articles 3 to 7, that in order as far as possible to prevent any secondary victimisation it may be ordered that:
Amendment 311 #
2010/0064(COD)
Proposal for a directive
Article 20 – paragraph 3 – point c
Article 20 – paragraph 3 – point c
(c) are fully informed of the reasons for the proposal to have access to the specific programmes or measurvisual contact between the victim(s) and the offender(s), including during the giving of evidence such as interviews and cross-examination, shall be avoided if necessary as far as possible notably through the use of appropriate communication technologies;.
Amendment 314 #
2010/0064(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 320 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary legal measures to obtain the blocking of access by Internet users in their territory to Iremoval at source of internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging itabuse images.
Amendment 337 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of iIn addition, when removal of content at source has proven impossible to achieve, Member States may, where prescribed by law and necessary, set up proportionate and transparent procedures to restrict access by Internet users in their territory to Internet pages containing or disseminating child pornography. abuse images.
Amendment 341 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Any measure under paragraphs 1 and 2 shall respect the fundamental rights and freedoms of natural persons, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and general principles of Union law. It shall provide for a prior ruling including the right to an effective and timely judicial review.
Amendment 5 #
2009/2222(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that social services are designed to respond to vital human needs, in particular the needs of users in vulnerable position as well as people with disabilities; underlines the preventive and socially cohesive role of the services, which are addressed to the whole population regardless of wealth or income; believes, therefore, that the dynamic nature of the services demands their exclusion from the internal market rules;
Amendment 23 #
2009/2222(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the need to clarify the legal uncertainties affecting SSGI; welcomes the updating of the Commission's guide on the application of EU state aid, public procurement and internal market rules to SSGI; notes the proposals made in the Monti report, especially those concerned with a sector-based approach to use of Article 14 TFEU; considers it essential to move forward with a pragmatic approach enabling the real problems, and potential solutions to them, to be identified; calls on the Commission, in association with Parliament and the Council, to carry out in- depth research into the functioning of a pilot SSGI sector such as that of services to the elderly, which, in future, will have a major role to play;
Amendment 31 #
2009/2222(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Draws attention to the range of public- service models in Europe and the fact that observance of the principle of subsidiarity is therefore a further consideration which should inform discussions aimed at clarifying the link between the European level and local and national levels in the sense that SSGI should remain under the competence of national public authorities and preserve their universal character.
Amendment 5 #
2009/2175(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the opinion of the Committee of the Regions of 10 February 2010 on ‘contributing to Sustainable Development: the role of Fair Trade and non-governmental trade-related sustainability assurance schemes’ (RELEX-IV-026),
Amendment 6 #
2009/2175(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 6 June 2006 on Fair Trade and Development (2005/2245 (INI)),
Amendment 16 #
2009/2175(INI)
Motion for a resolution
Recital C d (new)
Recital C d (new)
Cd. whereas ILO Convention 94 stipulates that general public contracts shall contain clauses ensuring equitable remuneration, and labour conditions which are not less favourable than those agreed upon in inter alia collective agreements,
Amendment 18 #
Amendment 22 #
2009/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as aexisting resgult of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regionalations in combination with implementation measures and soft law, hasve given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality;
Amendment 25 #
2009/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the interaction between European, national and regional law, as well as the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional lawand National courts, has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals, to restrict them to the essential and assess them in the light of the principles of subsidiarity and proportionality;
Amendment 26 #
2009/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality and taking into account the five principles set out in the 2001 White Paper on European Governance (openness, participation, accountability, effectiveness and coherence);
Amendment 28 #
2009/2175(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that as a result of this development, the public procurer often has to prioritize legal certainty above policy needs, and given the pressure on public budgets, frequently has to award the contract or service to the cheapest offer, rather than to the most economically advantageous tender. Is afraid that this will weaken the EU’s innovative base and global competitiveness; Urges the Commission to remedy this situation and to develop strategic measures to encourage, empowering public procurers to give contracts to the most economical and best quality offers;
Amendment 33 #
2009/2175(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement (ACPP) or the role and competencies of the advisory Committee on the Opening up of Public Procurement (CCO) and calls on the Commission to take steps to ensure that both this committee and the planned new advisory committee on public-private partnerships have a balanced composition and work in a transparent manner; demands that the European Parliaments is properly informed and is provided with all the information available;
Amendment 36 #
2009/2175(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls upon the Commission to examine the implications of Protocol 26 on the existing guidelines, in particular taking into account that article 2 of Protocol 26 stipulates that 'the provisions of the Treaties do not affect in any way the competence of Member States to provide, commission and organise non- economic services of general interest';
Amendment 37 #
2009/2175(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Takes the view that as public contracts concern public funds, they should be transparent and open for public scrutiny; asks the Commission for clarification to ensure that local and other public authorities have legal certainty and can inform their citizens of their contractual obligations;
Amendment 38 #
2009/2175(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it shoul and in close cooperation with the European Parliament; advocates that a revision should take into account the whole framework and also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;
Amendment 46 #
Amendment 48 #
2009/2175(INI)
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
- the purpose of the partnership is the joint provision of a public-service task conferred on all local authorities,
Amendment 66 #
Amendment 71 #
2009/2175(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the Commission Communication of 19 November 2009 on the development of public-private partnerships and awaits the relevant impact assessment with great interest; expects the Commission to draw lessons from the failing PPPs; emphasises that due account must be taken of both the complexity of the procedures and the differences in legal culture and practice between the Member States with regard to service concessions, and doubts, therefore, whether a proposal for a legal act dealing with service concessions would have any added value; takes the view that with the 2004 public procurement directives and the supplementary case-law of the CJEU the process of defining the term ‘service concession’ and establishing the legal framework governing such concessions has been completed;
Amendment 77 #
Amendment 78 #
2009/2175(INI)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- the private participant must be selected by means of a public procedure,transparent procedure, with publication in advance of the contract following a review of the financial, technical, operational and administrative requirements and the characteristics of the tender in the light of the particular service to be provided;
Amendment 82 #
Amendment 83 #
2009/2175(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Looks forward with great interest to the CJEU judgment in Case C-451/08 and hopes that it will clarify the issues still under dispute in the area of town planning; endorses the opinion delivered by the Advocate-General of the CJEU in this case on 17 November 2009 to the effecttakes the view that ‘the broad and ambitious aims of the directive must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely’ (point 35); otherwise there would be a danger that ‘all town planning activities would be subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question’ (point 36);
Amendment 85 #
Amendment 86 #
2009/2175(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the European Parliament it is a party to the action Germany v Commission brought before the CJEU against the Commission interpretative communication of 1 August 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives and expects a prompt ruling;
Amendment 87 #
2009/2175(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Micro, small and medium-sized enterprises 12a. Asks the Commission to evaluate the impact of the public procurement directives on micro, small and medium- sized enterprises especially in their role as sub-contractor and to assess for a future review of the directives if we need further rules for the award of sub-contracts to avoid specifically that SMEs as subcontractors get worse conditions than the main contractor of the public contract;
Amendment 88 #
2009/2175(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Calls upon the Commission to be more flexible when dealing with the requirement laid down in Directive 2004/18/EC, Art. 9 Section 3, which states that "no works project or proposed purchase of a certain quantity of supplies and / or services may be subdivided to prevent its coming within the scope of the Directive", in order to make it possible for SMEs to participate in all public procurement;
Amendment 89 #
2009/2175(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls upon the Commission to simplify the procedures for public procurement in order to relieve both local governments as well as companies, from spending a large amount of time and money only on bureaucratic matters. Emphasises that by making the procedures easier, SMEs will have better access and will be able to participate in a more equal and fair way;
Amendment 90 #
2009/2175(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Considers that sub-contracting is a form of organization of labour suited to the specialized aspects of the execution of works; emphasises that sub-contracting contracts must respect all the obligations imposed on the main contractors, especially as regards labour law and safety. With this end in view it would be advisable to establish a linked responsibility between contractor and sub- contractor;
Amendment 93 #
Amendment 94 #
2009/2175(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate and environmental protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
Amendment 100 #
2009/2175(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; regrets that the Commission has still not published a Guide on Social Responsible Public Procurement; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
Amendment 103 #
2009/2175(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises that the Commission should actively support Member States to integrate social criteria into public procurement, taking as a starting point the ILO Convention criteria, particularly Conventions 87 and 98 on the right to join trade unions and the right to conclude collective agreements, 29 and 105 for condemning the forced labour, 100 and 111 on equal pay for equal work and condemnation of discrimination, 138 on child labour and 94 on social criteria in procurement;
Amendment 104 #
2009/2175(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Emphasises that the Commission should actively support Member States to integrate social criteria into public procurement, and that key social considerations for public procurement include: - Gender equality, as called for in Communication from the Commission (COM (2007) 424) on tackling the pay gap between men and women, - Social cohesion, in particular the integration of respect for fundamental rights as recognised in the core ILO conventions, - Equitable wages, in accordance with the Commission’s Opinion on equitable wages (COM (93) 388) and ILO’s decent work agenda, - Respect for collective agreements, as stated in ILO Convention 94, article 2, section 1(a);
Amendment 105 #
2009/2175(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. CEmphasises that it would greatly facilitate the transparency of public procurement procedures if governments used the same sustainable criteria as are used for various labels; and therefore calls for the development of a database so that the criteria on which the various sustainability assurance schemes or labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States to be fully involved in this process; draws attention, at the same time, to the negative impact which a and so that public authorities can verify the compliance with the criteria demanded. Urges the Commission and the Member States to organise training courses and awareness raising campaigns for local authorities and political decision-market fragmented by the existence of so many regional, national, European and international labels has on innovation and researchrs and to include other stakeholders, particular social NGOs providing social services;
Amendment 109 #
2009/2175(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and all stakeholders to be fully involved in this process; furthermore draws attention, at the same time, to the negative impact which a market fragmented by the existence of so manynumerous varying regional, national, European and international labels has on innovation and research;
Amendment 116 #
2009/2175(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide assistance in the form of manuals; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner and ‘quality of work’ criteria to support public authorities in integrating employment-related social considerations in public procurement; considers that the new EU legal framework strengthens the legitimacy of ILO Convention 94 on labour clauses in public contracts and that Member States who have not yet ratified the Convention should be encouraged to do so; calls on the Commission to assist Member States monitor and evaluate the impact of public procurement processes on the quality of goods and services and employment; emphasises the underlying problem that social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria and calls on the Commission to offer suitable assistance and to promote instruments which can be used to certify the reliability of supply chains;
Amendment 121 #
2009/2175(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Practical Help: Database and training courses Calls for the development of a frequently updated database so that the criteria on which the various labels or sustainability assurance schemes are based can be used for public procurement purposes and so that public authorities can verify the compliance with the criteria demanded; Urges the Commission and the Member States to organise training courses and campaigns to raise awareness for local authorities and political decision-maker and to include other stakeholders, in particularly providers of social services;
Amendment 1 #
2009/2173(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the special focus in the Commission's Report on Competition Policy 2008 on maximising consumer welfare; encourages the Commission, nevertheless, to suggest a legislative framework to this effect, which would have immediate impact and provide protection from unfair competition practices;
Amendment 2 #
2009/2173(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to make use of Article 12 of the Treaty on the Functioning of the European Union (ex Article 153(2) TEC), which states clearly that 'consumer protection requirements shall be taken into account in defining and implementing other Union policies and activities' as a legal basis for future internal market legislation; calls on the Commission to build a concrete institutional framework to protect consumers from the abnormalities of the free market that distort consumers' economic interests;
Amendment 3 #
2009/2173(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages the Commission to ensure a properinitiate a steady and permanent dialogue with consumers when' associations to identifying competition problems and enforcement priorities; requests a full report on the activities of the Consumer Liaison unit of DG Competition;
Amendment 10 #
2009/2173(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Emphasises the need for effective and permanent cooperation with Parliament, and with consumer and small business organisations, concerning any amendments to the Block Exemption Regulation applicable to Vertical Agreements; stresses that a regulatory framework which encourages cohesive action by various market operators is the best way to address potential consumer detriment caused by lack of choice;
Amendment 11 #
2009/2173(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls the Commission’s communication on 'Tackling the challenge of rising food prices - Directions for EU action'(COM(2008)321 final), followed by a second communication on 'Food Prices in Europe'(COM(2008)821 final), and strongly urges the Commission to demonstrate its determination to take action against any excessive profit- making by large retailers, as a consequence of their dominant market position, to the detriment of both consumers and suppliers of food;
Amendment 12 #
2009/2173(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission, in the context of the financial crisis, to prolong the duration of the General Block Exemption Regulation on state aid (Commission Regulation (EC) No 800/2008) so that states can continue boosting their economy and ensure adequate investments, which are the very essence of economic development;
Amendment 13 #
2009/2173(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Welcomes the Commission's admission that public intervention was necessary to tackle the crisis; calls on the Commission to give state aid extraordinary status as permitted state intervention for the broad public sector, to act as an effective preventive mechanism and ensure that the crisis does not recur;
Amendment 4 #
2009/2138(INI)
Motion for a resolution
Recital K
Recital K
K. whereas SOLVIT is considered as a relatively successful system providing redress, without formal procedures, within an average of 10 weeks and the success of SOLVIT in solving of internal market problems by SOLVIT could be a model of good practice also for other Single Market Assistance Services,
Amendment 5 #
2009/2138(INI)
Motion for a resolution
Recital L
Recital L
L. whereas SOLVIT's capacity at Member State level, if deemed necessary by an individual Member State, SOLVIT's capacity should be increased to avoid problems of understaffing, especially in view of any forthcoming publicity bursts and the re-launch of the "Your Europe Portal",
Amendment 11 #
2009/2138(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to take immediate action to resolve recurrent problems detected through the SOLVIT network;
Amendment 12 #
2009/2138(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that some SOLVIT centres are understaffed;
Amendment 32 #
2009/2138(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls upon those Member States which deem it necessary to increase staffing of SOLVIT centres using the European Social Fund to build up the administrative capacity in respective government ministries proportional to that country's population and the number of questions dealt with previously;
Amendment 8 #
2009/2137(INI)
Motion for a resolution
Recital F
Recital F
F. whereas anthe effectiveness of consumer policy depends onwill be enhanced by consumers and businesses knowing their rights and obligations under existing legislation and on their ability to apply them to their commercial transactions,
Amendment 9 #
2009/2137(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas consumer protection policy is designed to shield consumers from economic exploitation within the internal market but should not be used as a pretext for failing to adopt measures to combat this phenomenon,
Amendment 10 #
2009/2137(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the effectiveness of consumer protection policy depends upon the extent to which legislation deters the parties concerned from engaging in practices or taking measures harmful to consumers' interests,
Amendment 13 #
2009/2137(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the cross-border dimension of consumer markets is growing rapidly with the emergence of e-commerce but consumers remain reluctant to reap the benefits that market integration provides, mainly because they do not feel confident that their rights will be equally protected when making cross-border purchases and because of the uncertainty over the right to compensation,
Amendment 16 #
2009/2137(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that the appointment in 2007 of a dedicated Commissioner for Consumer Affairs and her personal engagement, openness and proactive role have led to a dramatic rise in the profile of consumer issues, much to the benefit of EU citizens; points out, however, that the reluctance to adopt legislation to eliminate economic exploitation should not be allowed to persist in future;
Amendment 20 #
2009/2137(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that, following the entry into force of the Lisbon Treaty, Article 12 of the Treaty on the Functioning of the European Union reaffirms – as a provision of general application – that consumer protection requirements should be taken into account in defining and implementing other Union policies and activities; calls on the Commission, therefore, to ensure the effective integration of consumer interests into all EU policies, and to examine in its impact assessments, where appropriate, the potential effects of any new legislation and policies ondirectly or indirectly affecting consumers; urges each relevant Commission Directorate-General to publish an annual report on how consumer policy is integrated into its area of responsibility;
Amendment 23 #
2009/2137(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises that consumers should be able to make informed choices as this generates greater competition among traders to raise the quality of the goods and services they provide and to keep prices at competitive levelswhich, in combination with superior product quality, will help to improve their wellbeing;
Amendment 34 #
2009/2137(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Stresses that violations of consumer rights are inextricably linked with the lack of accountability on the internal market; calls on the Commission to take steps to inform consumers in this area; calls on the Commission to adopt legislation that will help protect consumers' economic interests; calls on the Member States to strengthen the measures and the bodies responsible for supervision of the internal market;
Amendment 40 #
2009/2137(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses that the Scoreboard is only a tool; underlines the principle that the operation of the internal market must be governed by principles which do not increase social inequalities; stresses the need to tailor EU policies to the goal of creating an anthropocentric internal market, with the emphasis on human welfare rather than statistics;
Amendment 55 #
2009/2137(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Draws attention to the analysis of the available price data which shows unexplained cross- border variations in a number of goods and services, which are an inevitable result of the aspiration of businesses to maximise their profits; considers that, although price differences are often linkexacerbated toby differences in demand, expenditure levels, taxes or cost structure, they are also often a sign of internal market fragmentation or malfunctioning; suggests; suggests that measures be taken to ensure fair prices, especially for basic goods and essential items, and also that, where the price of a given product is higher than a benchmark, it is necessary to look at the relationship between import and consumption prices and examine carefully the reasons behind the different price levels;
Amendment 66 #
2009/2137(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Recalls that several Member States have developed tools to monitor their national markets from the consumer perspective such as price observatories or comprehensive complaints systems for policymaking, whereas other Member States do not use data to monitor consumer markets and have difficulties in aggregating data; encourages all Member States to carry out a broad market monitoring exercise on an annual basis in order to identify markets which are failing for consumers and provide complete data which will allow the Commission to monitor and compare the problems faced by consumers in the internal market and to promote measures to combat exorbitant pricing;
Amendment 70 #
2009/2137(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Stresses that the main responsibility for unfair pricing of products in the internal market lies with businesses and the practices they follow in order to maximise their profits; believes that a responsible approach by the business world with respect for the principle of corporate responsibility, the rules of competition and consumers' economic interests will help inspire confidence in consumers, the least that is required if consumer protection is to be enhanced;
Amendment 75 #
2009/2137(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Notes that enforcement across the EU is far from uniform and that most countries have strong and weak points; points out that figures show important differences between Member States in terms of budgets for market surveillance and numbers of inspectors involved; urges Member States to redouble their efforts and increase resources in order to ensure that laws that protect consumers and guarantee competition are enforced in retail markets;
Amendment 56 #
2009/0165(COD)
Proposal for a directive
Recital 13
Recital 13
(13) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to promote the application of Articles 1, 4, 18, 19, 21, 24 and 47 of the Charter and has to be implemented accordingly.
Amendment 88 #
2009/0165(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) gender, sexual orientation, trauma and age awareness;
Amendment 92 #
2009/0165(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 101 #
2009/0165(COD)
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
3. Member States shall ensure that organizations providing advice and, counselling and legal representation to applicants for international protection have access to the border crossing points, including transit zones, and detention facilities subject to an agreement with the competent authorities of the Member State.
Amendment 107 #
2009/0165(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. A Member State may extradite an applicant to a third country pursuant to paragraph 2 only where the competent authorities are satisfiedhave established through the assessment of the United Nations High Commissioner for Refugees and the European Asylum Support Office that an extradition decision will not result in direct or indirect refoulement in violation of international obligations of the Member State or expose the applicant to inhuman or degrading treatment upon arrival in the third country.
Amendment 111 #
2009/0165(COD)
Proposal for a directive
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) precise and up-to-date information is obtained from various sources, such as the United Nations High Commissioner for Refugees (UNHCR) and, the European Asylum Support Office and international human rights organisations, as to the general situation prevailing in the countries of origin of applicants and, where necessary, in countries through which they have transited, and that such information is made available to the personnel responsible for examining applications and taking decisions and, where the determining authority takes it into consideration for the purpose of taking a decision, to the applicant and his/her legal adviser;
Amendment 112 #
2009/0165(COD)
Proposal for a directive
Article 9 – paragraph 3 – point c
Article 9 – paragraph 3 – point c
(c) the personnel examining applications and taking decisions have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law as well as human rights law and have completed the initial and follow- up training programme referred to in Article 4(1);
Amendment 115 #
2009/0165(COD)
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
2. Member States shall also ensure that, where an application is rejected or granted with regard to refugee status and/or subsidiary protection status , the reasons in fact and in law are stated in the decision and information on how to challenge a negative decision is given in writing at the time of issuing the decision.
Amendment 132 #
2009/0165(COD)
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) the competent authorities may search the applicant and the items he/she carries with him/her, provided the search is carried out by a person of the same sex who is age- and culture-sensitive;
Amendment 156 #
2009/0165(COD)
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. Member States shall ensure that free legal assistance and/or representation be granted on request, subject to the provisions of paragraph 3. To that end, Member States shall:
Amendment 165 #
2009/0165(COD)
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) provide for free legal assistance orand representation in procedures in accordance with Chapter V. This shall include, at least, the preparation of the required procedural documents and participation in the hearing before a court or tribunal of first instance on behalf of the applicant.
Amendment 183 #
2009/0165(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In cases where the determining authority consider that an applicant has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence as described in Article 21 of Directive […/…/EC] [laying down minimum standards for the reception of asylum seekers (the Reception Conditions Directive)], the applicant shall be granted sufficient time and relevant support to prepare for a personal interview on the substance of his/her application. Special attention shall be given to those applicants who did not mention their sexual orientation immediately.
Amendment 194 #
2009/0165(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Subject to the conditions set out in Article 18, unaccompanied minors shall be granted free legal assistance and representation with respect to all procedures provided for in this Directive.
Amendment 196 #
2009/0165(COD)
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
5. Member States may use medical examinations to determine the age of unaccompanied minors within the framework of the examination of an application for international protection , where, following his/her general statements or other relevant evidence, Member States still have doubts concerning his/her age. If those doubts persist after the medical examination, any decision shall always be for the benefit of the unaccompanied minor.
Amendment 223 #
2009/0165(COD)
Proposal for a directive
Article 27 – paragraph 6 – point b
Article 27 – paragraph 6 – point b
Amendment 8 #
2009/0108(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) However, under the current measures regarding the security of gas supply that have been taken at Community level, Member States still enjoy a large margin of discretion as to the choice of measures. Where the security of supply of a Member State is threatened, there is a clear risk that measures developed unilaterally by that Member State may jeopardise the proper functioning of the internal gas market. Recent experience has demonstrated the reality of that risk. To allow the internal gas market to function even in the face of a shortage of supply, it is therefore necessary to provide for a more coordinated response to supply crises, both concerning preventive action and the reaction to concrete disruptions of supply. However it is critical not to jeopardise the ability of Member States, according to their special requirements, to be able to develop measures.
Amendment 15 #
2009/0108(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This Regulation should enable natural gas undertakings and customers to rely on market mechanisms for as long as possible when coping with disruptions. It should also provide for emergency mechanisms to be used when markets are no longer able to deal adequately with a gas supply disruption. Even iIn an Emergency, market based instrumentsinstruments based on safeguarding consumer protection should be given priority to mitigate the effects of the supply disruption.
Amendment 18 #
2009/0108(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The precise definition of the roles and responsibilities of all natural gas undertakings and Competent Authorities is therefore crucial in maintaining the well- functioning of the internal market, particularly in supply disruptions and crisis situations. The role of Member States and their Competent Authorities is the key element for ensuring gas supply, particularly during supply disruptions and crisis situations.
Amendment 29 #
2009/0108(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 34 #
2009/0108(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 1
Article 2 – paragraph 2 – point 1
(1) "protected customers" means all household customers, small and medium- sized enterprises, schools and hospitals already connected to a gas distribution network, and, if the Member State concerned so decides, can also include small and medium-sized enterprises, schools and hospitalsany other customers according to the public interest provided that they are already connected to a gas distribution network;
Amendment 36 #
2009/0108(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 2
Article 2 – paragraph 2 – point 2
(2) “Competent Authority” means the national regulatory authority or national governmental authority designated by the Member States to be responsible for security of gas supply. This is without prejudice to the choice of Member States to allocate certain tasks in this Regulation to other authorities than the Competent Authority. These tasks shall be performed under the supervision of the Competent Authority and shall be specified in the plans referred to in Article 4.
Amendment 37 #
2009/0108(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Security of gas supply is a task of the natural gaprimarily of the Member States uandertakings, the Competent Authorities of the Member States, the industrial gas customers, and the Commission. Security of gas supply is also a task of the natural gas undertakings and the industrial gas customers within their respective areas of responsibility. It requires a high degree of cooperation between them.
Amendment 39 #
2009/0108(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
(5) The measures to ensure the security of supply shall be clearly defined, transparent, proportionate, non-discriminatory, verifiable, and shall not unduly distort competition and the effective functioning of the internal markettake into account the economic interests of consumers.
Amendment 49 #
2009/0108(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Competent Authority shall ensure that conditions for supplies to protected customers are established without prejudice to the proper functioning of the internal gas market, without decreasing the protection of the economic interests of consumers, and at a price respflecting the fair market value of the commodity.
Amendment 57 #
2009/0108(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 64 #
2009/0108(COD)
Proposal for a regulation
Article 12 – paragraph 6 – point a
Article 12 – paragraph 6 – point a
a) Member States shall submit to the Commission the existing inter- governmental agreements concluded with third countries which have an impact on the development of gas infrastructures and supplies; beforeafter concluding new inter- governmental agreements, the Member States shall inform the Commission to assess their compliance with the internal market legislation;
Amendment 9 #
2008/2334(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Strongly wWelcomes the adoption of the European Economic Recovery Plan outlining coordinated action by Member States and the Commission to tackle the economic crisis. The Plan is based on the principle of solidarity and social justice and is in line with the Lisbon Strategy. Its proposed measures will contribute to deeper and long-term structural reforms;
Amendment 13 #
2008/2334(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the fact that the Structural Funds are powerful tools, designed to help regions in their economic and social restructuring and thus to implement the actions. The action proposed under the Plan's four priority areas in order to boost the economy, and enddo not corsres their use, rather than precippond to the current situating the invention of new economic tools; notes that these actions complement those undertaken at the national levelon in the society and do not constitute an immediate and drastic measure in order to halt the decline in the standard of living enjoyed by Europeans;
Amendment 17 #
2008/2334(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports the proposed changes to the implementation rules aiming to increase the flexibility of the Structural Funds and to adapt them to meet the needs of the extraordinary economic circumstances with a long-term perspective; nevertheless, encouragescalls on the Commission to look at the possibility of simplifying the existing instruments;
Amendment 27 #
2008/2334(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the importance of employment and business support measures, but above all employment measures for a successful economic recovery; calls on Member States to make wide use of Structural Funds to promote job creation, small to medium-sized enterprises (SMEs) and entrepreneurship;
Amendment 5 #
2008/2174(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Lisbon Treaty, which enshrines territorial cohesion among the fundamental objectives of the Union alongside economic and social cohesion, has not yet been ratified by all EU Member States, and its future, in view of the negative outcome of the Irish referendum, is uncertain;
Amendment 6 #
2008/2174(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the concept of territorial cohesion has always been implicit in cohesion policy since its inception and at the core of its development; whereas the Lisbon Treaty and the Green Paper on Territorial Cohesion haves managed to make this concept more visible and explicit,
Amendment 35 #
2008/2174(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Observes that the view expressed in its above-mentioned resolution of 21 February 2008 includes the rejection of any attempt for re-nationalisation and the commitment to a single Community policy, which should also be in a position to address common challenges like globalisation, poverty, climate and demographic change, migration, energy efficiency and the socioeconomic disparities intensified by the recent economic crisis; the strong belief that this policy should cover all EU regions, by representing an added value for everyone; the need to set priorities in the spending of EU structural policies and actions and the endorsement of the "earmarking" exercise; as well as the need for synergies on the ground and an integrated approach between the different sectoral policies in order to achieve the optimal result for growth and development on the ground;
Amendment 51 #
2008/2174(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Green Paper lacks ambition to the extent that it does not provide for a clear definition of territorial cohesion, and does not, therefore, advance significantly the understanding of this new concept so that it can be effectively applied in a manner which has a positive impact on the alleviation of socioeconomic disparities between regions; regrets, moreover, that the Green Paper does not explain how territorial cohesion will be integrated in the existing framework of cohesion policy and be made operational for the next programming period;
Amendment 97 #
2008/2174(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the single market's vital contribution to economic, social and territorial cohesion, provided it furthers the interests of European citizens; stresses the importance of public services in relation to sustainable economic and social development as well as the need for socially and regionally equitable access to services of general interest; takes the view that in light of the subsidiarity principle and of EU competition law, responsibility for defining, organising, financing and monitoring services of general interest should rest with the national, regional and local authorities; considers however that a reflection on the fair access for citizens to services should be included in the debate on the territorial cohesion;
Amendment 112 #
2008/2174(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the Green Paper acknowledges the particular development challenges of regions with specific geographical features, such as mountainous regions, island regions, island Member States and sparsely populated regions; also notes that border regions face specific policy challenges in terms of accessibility, quality and efficiency; rejects the view that territorial cohesion should be a policy exclusively dedicated to addressing the problems of those regions; considers, however, that special consideration should be given to the development of those regions in order to offset their handicaps and enable them to effectively contribute to the harmonious development of the Union as a whole;
Amendment 154 #
2008/2174(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need to elaborate, in the context of territorial cohesion, additional qualitative indicators and criteria with the purpose of better designing and implementing the corresponding policies on the ground, taking into account the different territorial specificities; underlines, however, that the GDP remains the only eligibility criterion for receiving financial assistance from the Structural Funds; these criteria must take account of the fact that the total GDP of each country is not divided equally among all its citizens; consequently, in order to calculate the real per capita GDP of each country or region, it will be necessary to factor in the purchasing power of the citizens’ wages in PPP (purchasing power parity units), data which is already being collected by the European Statistical Service; comparison between regions must always be made on a PPP basis, reflecting the reality of the economy from the citizens’ point of view; points out that a relevant reference to PPP is made in the Commission’s 5th progress report on economic and social cohesion;
Amendment 12 #
2008/2132(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the tourism sector also represents an important economic activity and livelihood for a large part of the population in the island Member States of the EU, making a significant contribution to their national GDP,
Amendment 20 #
2008/2132(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that tourism is a key factor for the social and economic development of the EU's coastal regions and is closely linked to the objectives of the Lisbon and Gothenburg strategies;
Amendment 42 #
2008/2132(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recommends that the Commission adopt a holistic approach to coastal tourism in the pursuit of its strategy for an integrated maritime policy, in particular for the islands, the island Member States, the outermost regions and the other coastal zones, notably in view of the high dependence of these areas on tourism;
Amendment 14 #
2008/2098(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the Commission must not regard safeguarding the right of European citizens to freedom of movement and residence on the territory of the EU as an answer to the problems of unemployment, under-employment and the objective of better quality work,
Amendment 19 #
2008/2098(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission's initiative, and reaffirms the crucial importance of mobility, both between jobs and Member States, for attaining the Lisbon objectives; supports the launch of the Action Plan, and wishes to be informed with regard to the monitoring of the implementation of the measures contained in it;
Amendment 32 #
2008/2098(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the Member States should ensure that the labour rights and collective agreements of citizens who choose to move to another Member State are fully implemented, without discrimination between nationals of that Member State and non-nationals. To that end, the Commission's measures should focus on ensuring that migrant citizens receive equal treatment and are not turned into a cheap labour force.
Amendment 85 #
2008/2098(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. SupportsConsiders, however, that the proposal for improving exchanges of information between national authorities, as well as that concerning an electronic version of the European health insurance card; r should be implemented with due protection of data. Member States must guarantee that those personal data are not used for purposes other than those relating to social security, except where the party concerned has expressly allowed it. Requests further information on this initiative and how it can enhance workforce mobility; calls on the Commission to examine the possibility of creating, in the near future, a single European card including all information relating to the contributions paid by and the social rights of the individual concerned in all Member States where that person has worked;
Amendment 85 #
2008/2085(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that Article 6 of the Treaty on the European Union stipulates that the Union shall respect fundamental rights "as they result from the constitutional traditions common to the Member States, as general principles of Community law" and that the Union "shall respect the national identities of its Member States"; emphasises that European jurisprudence therefore should respect the principle of "unity in diversity" and must avoid conflict with the exercise of fundamental rights as enshrined in Member States' constitutions and also with cornerstones of their national identities (e.g. the Nordic model of collective bargaining);
Amendment 87 #
2008/2085(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Insists that the European Union respect the right to cross-border or trans- national strikes and collective action and that these rights can not be restricted by recourse to internal market freedoms nor to their possible impact on the functioning of the internal market;
Amendment 98 #
2008/2085(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the Lisbon treaty and the fact that the Charter of Fundamental Rights of the European Union is made legally binding; this includesfact that the ECJ has recognised the right to strike as a fundamental social right; this includes respecting the autonomy of trade unions and the right of association, the right of trade unions to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend theirand pursue workers' interests including strike action;
Amendment 17 #
2008/2034(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas in the period from 2000 to 2005, income inequality in the EU (S20/S80 ratio) rose remarkably from 4,5 to 4,9 according to EU-SILC data, so that in 2005 the richest 20 % of the European Union’s population have an income which is nearly 5 times higher than that of the remaining 80 % of the population,
Amendment 18 #
2008/2034(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas 16 % of the European Union’s total working population is disabled; whereas the unemployment of the more seriously disabled is 78 %, due to a lacking provision of working conditions shaped to those persons needs,
Amendment 21 #
2008/2034(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that active inclusion policies must make a decisive impact on the eradication of poverty and social exclusion, both with respect to those in employment (the ‘working poor’) and to those not in paid employment;
Amendment 55 #
2008/2034(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Strongly regrets that some Member States appear not to have regard to Recommendation 92/441/EEC, which recognises the "basic right of a person to sufficient resources and social assistance to live in a manner compatible with human dignity";
Amendment 160 #
2008/2034(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Draws attention to the need to promote the active inclusion of young people, the elderly (before reaching the statutory retirement age) and migrants in any efforts to create an inclusive labour market, which necessitates certain specific supportive measures (linked to health and safety at work, reconciliation of work and non-work-life, training and lifelong learning, development of skills and capacities including language training etc.);
Amendment 205 #
2008/2034(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Council and the Commission to tackle the problems concerning the different coordination processes (Open Method of Coordination on Social Protection and Social Inclusion, Integrated Guidelines, EU SDS) in way to provide for a clear visibility and commitment towards the eradication of poverty and the promotion of social inclusion in all of them;
Amendment 3 #
2008/0800(COD)
Proposal for a regulation – amending act
Recital 3
Recital 3
(3) The Commission Communication on "New skills for new jobs: Anticipating and matching labour market and skills needs"1 and the 'Common Principles of Flexicurity' adopted by the European Council on 14 December 2007 emphasise the objectives of fostering the continuous adaptability and employability of workers through better learnlow level of take-up for the European Globalisation Adjustment Fund (of an annual allocation of EUR 500 m, only EUR 65 214 850 were executed in 2007 and 14 624 972 in 2008) points to the need to review certaing opportunities at all levels and through skills development strategies responsive to the needs of the economyf its aspects so as to ensure that its objectives are met.
Amendment 5 #
2008/0800(COD)
Proposal for a regulation – amending act
Recital 3 a (new)
Recital 3 a (new)
(3-A) The latest economic forecasts point to a substantial rise in unemployment in the EU, which could have severe social consequences in a number of the Union's regions, especially those with more vulnerable economic structures.
Amendment 7 #
2008/0800(COD)
Proposal for a regulation – amending act
Article 1 - point 1
Article 1 - point 1
Regulation (CE) 1927/2006
Article 1 − paragraph 1 a (new)
Article 1 − paragraph 1 a (new)
"1-A. By way of derogation from paragraph 1, tThe EGF shall also provide support to workers made redundant as a result of the global financial and economic crisies, provided applications comply with the criteria set out in Article 2(a), (b) or (c). This derogation shall apply to all applications submitted before 31 December 2010"."
Amendment 8 #
2008/0800(COD)
Proposal for a regulation – amending act
Article 1 - point 2
Article 1 - point 2
Regulation (CE) 1927/2006
Article 2 − paragraph 2 − introductory part
Article 2 − paragraph 2 − introductory part
A financial contribution from the A financial contribution from the EGF shall be provided where EGF shall be provided where major structural changes in world major structural changes in world trade patterns lead to a serious trade patterns lead to a serious economic disruption, notably a economic disruption, notably a substantial increase of imports substantial increase of imports into the European Union, or a into the European Union, or a rapid decline of the EU market rapid decline of the EU market share in a given sector or a share in a given sector or a delocalisation to third countries, delocalisation to third countries or which results in: between Member States, which results in:
Amendment 10 #
2008/0800(COD)
Proposal for a regulation – amending act
Article 1 - point 2
Article 1 - point 2
Regulation (CE) 1927/2006
Article 2 − paragraph 2 − point b
Article 2 − paragraph 2 − point b
Amendment 14 #
2008/0800(COD)
Proposal for a regulation – amending act
Article 1 - point 4
Article 1 - point 4
Regulation (CE) 1927/2006
Article 8 - paragraph 1
Article 8 - paragraph 1
1. At the initiative of the Commission, subject to a ceiling of 0.315% of the maximum amount for the EGF that year, the EGF may be used to finance preparation, monitoring, information, creation of a knowledge base relevant to the implementation of the EGF, administrative and technical support, audit, control and evaluation activities necessary to implement this Regulation.
Amendment 15 #
2008/0800(COD)
Proposal for a regulation – amending act
Article 1 - point 5
Article 1 - point 5
Regulation (CE) 1927/2006
Article 10 - paragraph 1
Article 10 - paragraph 1
'1. The Commission shall, on the basis of the assessment carried out in accordance with Article 5(5), particularly taking into account the number of workers to be supported, the proposed actions and the estimated costs, evaluate and propose as quickly as possible the amount of financial contribution, if any, that may be made within the limits of the resources available. The amount may not exceed 785% of the total of the estimated cost referred to in Article 5(2)(d).'
Amendment 16 #
2008/0800(COD)
Proposal for a regulation – amending act
Article 1 - point 5 a (new)
Article 1 - point 5 a (new)
Regulation (CE) 1927/2006
Article 12 - paragraph 1
Article 12 - paragraph 1
Amendment 17 #
2008/0800(COD)
Proposal for a regulation – amending act
Article 1 - point 6
Article 1 - point 6
Regulation (CE) 1927/2006
Article 13 - paragraph 2
Article 13 - paragraph 2
'2. The Member State(s) shall carry out all eligible actions included in the coordinated package of personalised services within 2430 months of the date of application pursuant to Article 5.'
Amendment 18 #
2008/0800(COD)
Proposal for a regulation – amending act
Article 1 - point 7
Article 1 - point 7
Regulation (CE) 1927/2006
Article 20 - paragraph 1a (new)
Article 20 - paragraph 1a (new)
Amendment 334 #
2008/0196(COD)
Proposal for a directive
Recital 36
Recital 36
(36) The application of a right of withdrawal may be inappropriate for certain services relating to accommodation, transport and leisure. The conclusion of the corresponding contracts implies the setting aside of capacity which, if a right of withdrawal was introduced, the trader may find difficult to fillIf performance begins during the withdrawal period, it would be unfair to allow the consumer to withdraw after the service has been partly or wholly provided to the consumer. Therefore, these distance contracts should not be covered by the provisions on consumer information and the right of withdrawal consumer should lose the right of withdrawal, when performance begins with his or her prior specific agreement in a durable medium.
Amendment 345 #
2008/0196(COD)
Proposal for a directive
Recital 40
Recital 40
(40) If the good is not in conformity with the contract, firstly, the consumer should have the possibility to require the trader to repair the goods or to replace them at the trader's choicechoose between the reparation or replacement of the product, a price reduction or the cancellation of the contract, unless the trader proves that those remedies are unlawful, impossible or causes the trader disproportionate effort. The trader's effort should be determined objectively considering costs incurred by the trader when remedying the lack of conformity, the value of the goods and the significance of the lack of conformity. The lack of spare parts should not be a valid ground to justify the trader's failure to remedy the lack of conformity within a reasonable time or without a disproportionate effort.
Amendment 352 #
2008/0196(COD)
Proposal for a directive
Recital 42
Recital 42
Amendment 541 #
Amendment 546 #
2008/0196(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States may not, in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection.
Amendment 590 #
2008/0196(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
c) the final price inclusive of taxes, or where the nature of the product means that the price cannot reasonably be calculated in advance, the manner in which the price is calculated, as well as, where appropriate, and all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;
Amendment 826 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The consumer shall have a period of fourteenthirty days to withdraw from a distance or off-premises contract, without giving any reason.
Amendment 838 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
In the case of an distance or off-premises contract, the withdrawal period shall begin from the day when the consumer signs the order form or in cases where the order form is not on paper, when the consumer receives a copy of the order form on another durable mediumor a third party other than the carrier and indicated by the consumer acquires material possession of the goods ordered. In the case of the supply of goods in several parts or pieces the withdrawal period shall begin from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires material possession of the final part or final piece. The commencement of this period shall coincide chronologically with the moment in time when the risk is transferred to the consumer under Article 23 of this Directive.
Amendment 841 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
Amendment 848 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
In the case of a distance or off premises contract for the provision of services, the withdrawal period shall begin from the day of the conclusionreception by the consumer of a copy of the signed contract on a durable medium.
Amendment 863 #
2008/0196(COD)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Member States may, in order to ensure a higher degree of consumer protection, maintain or introduce under their national law withdrawal periods of longer duration than that specified in this Directive.
Amendment 874 #
2008/0196(COD)
Proposal for a directive
Article 13
Article 13
If the trader has not provided the consumer with the information on the right of withdrawal in breach of Articles 9(b), 10(1) and 11(4), the withdrawal period shall expire three months after the trader has fully performed his oapply for an indefinite period from the conclusion of ther contractual obligations.
Amendment 906 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The trader shall reimburse any payment received from the consumer within thirtyseven days from the day on which he receives the communication of withdrawal.
Amendment 920 #
2008/0196(COD)
Proposal for a directive
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
The trader shall be charged for the cost of returning the goods unless the consumer has agreed to bear that cost.
Amendment 929 #
2008/0196(COD)
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
Amendment 967 #
2008/0196(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) services where performance has begun, with the consumer's prior express consent, on a durable medium before the end of the fourteenthirty day period referred to in Article 12;
Amendment 1113 #
2008/0196(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Member States may, where necessary in order to ensure a high level of consumer protection, maintain or introduce under their national law provisions diverging from those laid down in Article 22.
Amendment 1139 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The trader shall deliver the goods in conformity with the sales contract. The trader shall be liable to the consumer if the goods do not meet the conditions stipulated in the contract.
Amendment 1164 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
3. There shall be no lack of conformity for the purposes of this Article if, at the time the contract was concluded, the consumer was aware, or should reasonably have been aware of, the lack of conformity, or if the lack of conformity has its origin in materials supplied by the consumer.
Amendment 1174 #
2008/0196(COD)
Proposal for a directive
Article 24 – paragraph 5 c (new)
Article 24 – paragraph 5 c (new)
5c. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1239 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The trader shall remedy the lack of conformity by either repair or replacement according to his choicefulfil his obligations in respect of the lack of conformity according to the consumer's choice, provided it is feasible and does not entail disproportionate costs for the trader.
Amendment 1258 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2
Article 26 – paragraph 3 – subparagraph 2
The consumer may only rescind the contract if, except where the lack of conformity is not minor and does not affect the function of the good, its safety or appearance. Where the trader refuses to rescind the contract, the burden of proof shall lie with him.
Amendment 1261 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
Amendment 1300 #
2008/0196(COD)
Proposal for a directive
Article 26 – paragraph 5 c (new)
Article 26 – paragraph 5 c (new)
Amendment 1331 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The trader shall be held liable under Article 25 where the lack of conformity becomes apparent within a specific period of time laid down by national legislation, which shall be of a duration of at least two years as from the time the risk passed to the consumer.
Amendment 1342 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. When the trader has remedied the lack of conformity by replacement, he shall be held liable under Article 25 where the lack of conformity becomes apparent within two yearshe period of time laid down in paragraph 1 as from the time the consumer or a third party indicated by the consumer has acquired the material possession of the replaced goods.
Amendment 1359 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1376 #
2008/0196(COD)
Proposal for a directive
Article 28 – paragraph 5 d (new)
Article 28 – paragraph 5 d (new)
5d. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1398 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
Amendment 1410 #
2008/0196(COD)
Proposal for a directive
Article 29 – paragraph 4 e (new)
Article 29 – paragraph 4 e (new)
4e. Member States may, where necessary in order to ensure a higher level of consumer protection, maintain or introduce, in their national law, provisions diverging from those laid down in this Article.
Amendment 1490 #
2008/0196(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that contract terms, as set out in the list in Annex II, are considered unfair in all circumstances. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40In order to ensure a higher level of consumer protection, Member States may maintain, or introduce in their national law provisions that any additional terms are considered unfair in all circumstances.
Amendment 1498 #
2008/0196(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
Member States shall ensure that contract terms, as set out in the list in point 1 of Annex III, are considered unfair, unless the trader has proved that such contract terms are fair in accordance with Article 32. That list of contract terms shall apply in all Member States and may only be amended in accordance with Articles 39(2) and 40. In order to ensure a higher level of consumer protection, Member States may maintain, or introduce in their national law, provisions that any additional terms are considered unfair in all circumstances.
Amendment 1549 #
2008/0196(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point d b (new)
Annex 2 – paragraph 1 – point d b (new)
(db) excluding or hindering the consumer's right to instruct and authorise a third party to conclude a contract between the consumer and the trader and/or to take steps which are meant to lead to, or facilitate, the conclusion of a contract between the consumer and the trader
Amendment 79 #
2008/0090(COD)
Proposal for a regulation
Article 3 – point a
Article 3 – point a
(a) "document" shall means any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) drawn-up by an institution and formally transmitted to one or more recipients or otherwise registered, or received by an institutionconcerning a matter relating to the policies, activities and decisions falling within the sphere of activity of a Union institution, body, office or agency; data contained in electronic storage, processing and retrieval systems areconstitute a documents if they can be extracted in the form of a printout or electronic-format copy using the available toolsusing any reasonably available tools for the exploitation of the system concerned. An institution, body, office or agency that intends to create a new electronic storage system, or to substantially change an existing system, shall evaluate the likely impact on the right of access guaranteed by this Regulation and act so as to promote the objective of transparency. The functions for the retrieval of information stored in electronic storage systems shall be adapted in order to satisfy repeated requests from the public which cannot be satisfied using the tools currently available for the exploitation of those system ; s;
Amendment 90 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 106 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Names, titles and functions of public office holders, civil servants and interest representatives in relation withPersonal data shall not be disclosed if such disclosure would harm the privacy or the integrity of the person concerned. Such harm shall not be deemed to be caused: - if the data relate solely to their professional activities shall be disclosedof the person concerned unless, given the particular circumstances, there is reason to assume that disclosure would adversely affect that person; - if the data relate solely to a public person unless, given the particular circumstances, there is reason to assume that disclosure would adversely affect the persons concerned. Other pat person or other persons connected with him or her; - if the data have already been published with the consent of the person concerned. Personal data shall nevertheless be disclosed in accordance with the conditions regarding lawful processing of such data laid down in EC legislationf an overriding public interest requires disclosure. In such a case, the institution, body, office or agency concerned shall be required to specify the public interest. It shall give reasons why, in the specific case, the public interest outweighs the interests onf the protection of individuals with regard to the processing of personal data. erson concerned. Where an institution, body, office or agency refuses access to a document on the basis of this paragraph, it shall consider whether it is possible to grant partial access to that document.
Amendment 107 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 5a (new)
Article 4 – paragraph 5a (new)
5a. Information from natural or legal persons which has been provided to Union institutions, bodies, offices and agencies in confidence in the context of competition law cases. Such data shall be made public: - if the data have already been published with the consent of the person concerned; - if an overriding public interest requires disclosure.
Amendment 111 #
2008/0090(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The exceptions as laid down in this Article shall onlynot apply for the period during which protection is justified on the basis of the content of the documentto documents transmitted in the framework of procedures leading to a legislative act or delegated or implementing act of general application. The exceptions mashall only apply for a maximum period of 30 years. In the case of documents covered by the exceptions relating to the protection of personal data or commercial interests and in the case of sensitivthe period during which protection is justified on the basis of the content of the documents, t. The exceptions may, if necessary, continue to apply after this period apply for a maximum period of 30 years.
Amendment 123 #
2008/0090(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Applications for access to a document shall be made in any written form, including electronic form, in one of the languages referred to in Article 314 of the EC Treaty and in a sufficiently precise manner to enable the institution to identify the document. The applicant is not obliged to state reasons for the application.
Amendment 124 #
2008/0090(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. If an application is not sufficiently precise or if the requested documents cannot be identified, the institution shall, body, office or agency shall within 15 working days ask the applicant to clarify the application and shall assist the applicant in doing so, for example, by providing information on the use of the public registers of documents. The time limits provided for under Articles 7 and 8 shall start to run when the institution has received the requested clarifications.
Amendment 131 #
2008/0090(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The cost of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of less than 200 A4 pages and direct access in electronic form or through the register shall be free of charge.
Amendment 16 #
2008/0013(COD)
Proposal for a directive − amending act
Recital 33
Recital 33
(33) [As regards the approach to allocation, aviation should be treated as other industries which receive transitional free allocation rather than as electricity generatorsin a manner which reflects its ability to find replacement fuels in the medium to long term. This means that 80% of allowances should be allocated for free in 2013, and thereafter the free allocation to aviation should decrease each year by equal amounts resulting in no free allocation in 2020. The Community and its Member States should continue to seek to reach an agreement on global measures to reduce greenhouse gas emissions from aviation and review the situation of this sector as part of the next review of the Community scheme. The Commission will adopt all necessary measures to mitigate any negative economic or social effects on the outermost regions of the European Union and islands, including small island Member States to which the implementation of this Directive can be attributed. ]
Amendment 23 #
2008/0013(COD)
Amendment 14 #
2007/2290(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas social security and pensions are based on the principle of solidarity and public responsibility;
Amendment 15 #
2007/2290(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
E b. Whereas the trend towards individualisation of social security and pensions, as mentioned in the title of the report, is a consequence of changes in society but also of the neo liberal response of the EU to these changes by policy measures like the Lisbon strategy, flexicurity approach and deregulation of labour markets, liberalisation and privatisation of services of general interest thereby endangering the base of the Welfare state,
Amendment 26 #
2007/2290(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges the Member States, in the light of the Lisbon strategy and the need for action to keep the social security and pensions systems sustainable, to make more progress in shifting from a social expenditure to a social activation outlookactivation outlook forcing unemployed to accept low-wage and low- quality jobs to transitional security based on good job protection by enhancing social rights and upwards mobility and thus to attract and retain more people in quality employment with rights, increase labour supply, modernissupportive social protection systems aiming at a public and universal social security based on the principle of solidarity and increase investment in human capital through better education and training;
Amendment 49 #
2007/2290(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that a decreasing work force will, if the present situation continues, lead to a decrease in the total number of hours worked; considers that it may be necessary to compensateit is vital to increase the number of jobs with rights and to reduce working time without loss of pay, thius development by increasing the hours worked by the remaining workers or reducing the number of people who work part-ticontributing to enhanced job creation for the young and for women;
Amendment 59 #
2007/2290(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 79 #
2007/2290(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recognises that increasingsolidarity is the base for the need for public spending on pensions could be reduced by a partial switch to privately funded schemes; emphasises that a stronger focus sion systems, the fundamental public responsibility for funding these systems, and the additional second privately funded pensions would increase the need for appropriate regulation of private pension fundillar pension systems under responsibility of the social partners and disagrees with a partial switch to privately funded schemes;
Amendment 102 #
2007/2290(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 116 #
2007/2290(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Observes that public funding of health care contributes to efficiency and fairness by providing protection against financial risk and by not linking payments to the risk of ill health, whereas, in contrast, private contribution mechanisms involve limited or no pooling of risks and usually link payments to the risk of ill health and ability to pay; and regrets the proposals of the European Commission for more competition in and liberalising healthcare services;
Amendment 1 #
2007/2238(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that, from the macroeconomic point of view, hedge funds and private equity (HFs & PE) represent welcome additional investors at a time when economic structures are experiencing ever more substfinancial speculation and financial innovation must be curbed in order to prevent systemic finantcial change at an ever- increasing pace, but that thisrisk; points out that hedge funds and private equity are a type of alternative investment which is unregulated; stresses, in addition, that lack of scrutiny and excessive profit- seeking are solely at the expense of employees and/or other third parties;
Amendment 7 #
2007/2238(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that private equity funds already destroyed thousands of jobs in recent years by taking over and dissecting economically viable companies just for the goal of a higher return on investment for the funds' shareholders; considers that the resulting destabilisation of employment demonstrates that such activities of private equity funds in no way constitute an effective and efficient way of investment;
Amendment 8 #
2007/2238(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that private equity funds in recent years took over social housing or cooperative housing on a grand scale and converted rented flats into condominiums; stresses that these activities considerably reduced the availability of affordable or social housing and contributed to increasing social exclusion;
Amendment 18 #
2007/2238(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that pension funds, and especially occupational pension funds, must not be allowed to invest in hedge funds and private equity, because these unregulated forms of alternative investment implicate a high degree of financial risk and failure of such funds would negatively affect the pension entitlements of the pension schemes' members; considers that Directive 2003/41/EC on the activities and supervision of institutions for occupational retirement provision must be reviewed accordingly;
Amendment 57 #
2007/0278(COD)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) There is a need for support to be provided for less-favoured regions, for areas with permanent structural disadvantages, for extremely remote regions, for island Member States and for areas that have been affected by recent deindustrialisation or industrial conversion, in order to enable necessary social and economic cohesion to take place;
Amendment 58 #
2007/0278(COD)
Proposal for a decision
Recital 6
Recital 6
(6) Despite these achievements, significant parts of the population in all Member States are still suffering from deprivation and limited access to basic services or feel excluded from their societies, and 78 million people live at risk of poverty, among whom there are 19 million children. Poverty among children is at least 3 % higher than among the other parts of population.
Amendment 62 #
2007/0278(COD)
Proposal for a decision
Recital 9
Recital 9
(9) PThe problem of poverty and social exclusion takeis based on broad, complex and multi-dimensional forms. They relate to income and living standards, access to good quality health services and other services, and educational and work opportunities. There is therefore a need, at all levels, for a transparent coordination and cooperation system.
Amendment 70 #
2007/0278(COD)
Proposal for a decision
Recital 11 a (new)
Recital 11 a (new)
(11a) There is a need to give full priority to solving the problems of unemployment, poverty and social exclusion, for which purpose current economic and financial policies (in particular the Stability and Growth Pact, the Lisbon Strategy, the internal market and competition policy) must be revised and priority must be given to achieving a high rate of employment and creating long-term, high-quality jobs with employment rights, to investment and to high-quality public services which will foster social inclusion, particularly in the fields of education, public health, childcare, care for dependants, public transport and social services.
Amendment 71 #
2007/0278(COD)
Proposal for a decision
Recital 12
Recital 12
(12) IfAlthough decent employment significantly reduces the poverty risk for the individual, it is not always a sufficient condition to lift people out of poverty, and the at-risk-of-poverty rate is still relatively high even for those in work. In-work poverty is linked to low pay, low skills, and precarious and often part- time employment, but also to the characteristics of the household in which the individual lives, in terms of the number of dependants and the work intensity of the household. Quality employment is thus essential to lift individuals out of poverty.
Amendment 73 #
2007/0278(COD)
Proposal for a decision
Recital 12 a (new)
Recital 12 a (new)
(12a) Inequalities have steadily increased both among countries and among regions, communities and population groups, highlighting that current policies have not brought about genuine convergence.
Amendment 74 #
2007/0278(COD)
Proposal for a decision
Recital 12 b (new)
Recital 12 b (new)
(12b) Priority should be given in Community policies to the creation of jobs with employment rights, in particular in order to benefit population groups that are most exposed to unemployment such as young people, among whom the unemployment rate in several Member States persistently exceeds 20 %.
Amendment 79 #
2007/0278(COD)
Proposal for a decision
Recital 19 a (new)
Recital 19 a (new)
(19a) Stresses the need for support to be provided for manufacturing, micro- businesses, small and medium-sized enterprises, small agricultural businesses, family farms and the social economy, in view of the important role that they play in creating jobs and well-being.
Amendment 86 #
2007/0278(COD)
Proposal for a decision
Article 2 - paragraph 1 - point c
Article 2 - paragraph 1 - point c
c) Cohesion — Promoting a more cohesive society by raising public awareness of the benefits for all of a society where poverty is eradicated and no-one is condemned to live in the margins. The European Year shall foster a society that sustains and develops quality of life, the well-being of children, social well-being and equal opportunities for all regardless of their background, ensuring sustainable development and solidarity between and within generations and policy coherence with EU action worldwide.
Amendment 92 #
2007/0278(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
a) meetings and events at European and National level;
Amendment 95 #
2007/0278(COD)
Proposal for a decision
Article 4
Article 4
The European Year shall take into account the different ways in which women and men experience poverty and social exclusion, specifically in single parent families, which experience poverty more severely. Special attention should also be given to discrimination in employment.
Amendment 119 #
2007/0278(COD)
• anthe promotion of inclusive labour markets, especially for single parent families, with higher wages and fiscal cutbacks;
Amendment 97 #
2007/0229(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The time limit referred to in the first subparagraph may be extended by up to six months in exceptional circumstances, linked to the complexity of the examination of the application.
Amendment 99 #
2007/0229(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
Where a third-country national already resides in a Member State, that Member State shall allow the third-country national concerned to remain legally on its territory until the single permit has been granted or denied and all possible remedies have been exhausted.
Amendment 100 #
2007/0229(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. If the information or the documents supporting the application is inadequate, the designated authority shall notify the applicant of the additional information that is requiredare incomplete according to publicly specified criteria, the competent authority shall notify the applicant of the additional information or documents that are required. If applicable, it shall also inform the applicant as to where to get the information or the documents. The period referred to in paragraph 2 shall be suspended until the authorities have received the additional information required.
Amendment 104 #
2007/0229(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Reasons shall be given in the written notification for a decision rejecting the application, not granting, not modifying or not renewing, suspending or withdrawing the single permit on the basis of criteria specified in national or community lawUnion law; such reasons shall be objective, verifiable and transparent.
Amendment 106 #
2007/0229(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Any decision rejecting the application, not granting, modifying or renewing, suspending or withdrawing a single permit shall be open to challenge before the courts of the Member State concerned. The written notification shall specify the possible redress procedures availableIn such cases, third-country nationals shall enjoy the same procedural guarantees as are provided for citizens of the Member State concerned, including, where applicable, any free legal aid. The written notification shall specify the court or the competent administrative authority with which the person concerned may lodge an appeal and the time-limit for taking actionsuch appeal.
Amendment 113 #
2007/0229(COD)
Proposal for a directive
Article 11 – point b a (new)
Article 11 – point b a (new)
(ba) stay in any other Member State for short periods not exceeding three months;