157 Amendments of Stavros LAMBRINIDIS
Amendment 4 #
2011/2025(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Council of Europe Convention 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data,
Amendment 11 #
2011/2025(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas violations of data protection provisions can lead to serious risks for the fundamental rights of individuals and for the values of the Member States,
Amendment 12 #
2011/2025(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas data protection legislation in the EU, the Member States, and beyond has developed a legal tradition that has to be maintained and further elaborated,
Amendment 19 #
2011/2025(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU and the Member States are obliged to take effective measures against all violations of personal rights and are obliged to protect individual privacy and informational self- determination,
Amendment 26 #
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, proportionate duly justified and never affect the essential elements of the right itself9 ,
Amendment 33 #
2011/2025(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the fundamental right to data protection includes the protection of persons from possible surveillance and abuse of their data by the state itself, as well as by private entities,
Amendment 43 #
2011/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas not all data controllers are online businesses and thus new data protection rules must cover both the online and the offline environment while taking possible differences between them into account,
Amendment 46 #
2011/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas continuous violations of data protection lead to a lack of trust by citizens that will weaken the expedient use of the new technologies,
Amendment 50 #
2011/2025(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the opportunity to substantiate and adapt the European data protection law to the legal conditions that emerge after the entry into force of the Lisbon Treaty and the Charter of Fundamental Rights,
Amendment 54 #
2011/2025(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the importance of Article 9 of Directive 95/46/EC which obliges Member States to provide for exemptions from data protection rules when personal data are used solely for journalistic purposes or the purpose of artistic or literary expression and in this context underlines the importance of the right to freedom of expression;
Amendment 55 #
2011/2025(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that the technologically neutral approach of Directive 95/46/EC should be maintained as a principle of a new framework;
Amendment 59 #
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 restricttaking especially into account the trend to re-use on a systematic basis personal data of the private sector for law enforcement purposes, while also allowing, in exceptional and necessary circumstances, for narrowly-tailored and harmonised limitations on certain data protection rights of the individual; ;
Amendment 67 #
2011/2025(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recognises that enhanced additional measures might be needed for specific sectors, as has already been the case for the e-Privacy Directive - but insists that sector-specific rules should in no circumstances lower the level of protection ensured by framework legislation, strictly defining exceptional, necessary, legitimate and narrowly- tailored derogations to general data protection principles,
Amendment 68 #
2011/2025(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls on the Commission explicitly to ensure that the current revision of EU data protection law will allowegislation will provide for:
Amendment 71 #
2011/2025(INI)
Motion for a resolution
Paragraph 4 – indent 1
Paragraph 4 – indent 1
– fullrther harmonisation and legal certainty, providing a uniform and high level of protection of individuals’ fundamental rights in all circumstances,
Amendment 73 #
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, including when it comes to enforcement of data protection by authorities or in court;
Amendment 74 #
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 tof delivering the samea uniform degree of protection for individuals irrespective of the geographical location of the data controller;
Amendment 80 #
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, while fully enforcing the rights to privacy and data protection;
Amendment 84 #
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 thesereinforce existing principles and elements are alreadys set out in Directive 95/46/EC, but have not been realised and implemented fully in the Member States or found full application inimproving their implementation in Member States , particularly as regards the ‘online- environment’:, amongst which the principles of transparency, the principles of data minimisation and purpose limitation, and the provisions on consent;necessity, legitimacy and proportionality of data processing, informed, prior and explicit consent, data breach notification and the data subjects’ right of access to data which has been collected concerning them, as well as the right to have them rectified or deleted
Amendment 92 #
2011/2025(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines, furthermore, the importance of improving means of exercising the rights of access, rectification, erasure and blocking of data, and of clarifying the ‘right to be forgotten’; while ensuring that full technical and organizational feasibility is developed and in place to allow for the exercise of those rights
Amendment 96 #
2011/2025(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that citizens must be able to exercise their data rights free of charge and without postal or other costs; calls on companies to refrain from any attempts to add unneeded barriers to the right to view, amend or delete personal data;
Amendment 98 #
2011/2025(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that the right to access includes not only full access to the data processed about oneself including its source and recipients, but also intelligible information about the logic involved in any automatic processing; emphasises that the latter will become even more important with profiling and data-mining;
Amendment 99 #
2011/2025(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Underlines that the data subject must be put in the position to know at any time which data have been stored by whom, when, for which purpose, for which time period, and how it is being processed; he or she has to be able to obtain its deletion, correction and blocking in an unbureaucratic way and without costs; he or she has to be informed about any misuse and any data breach;
Amendment 104 #
2011/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission cReiterates the need to enhance obligations of data controllers as to the information of data subjects and welcomes the attention given by the Communication’s focus on to awareness- raising campaigns aimed bothdirected at the general public and also, more specifically, at young people;
Amendment 107 #
2011/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses the need for data protection legislation to acknowledge the special need to protect children and minors and underlines that media literacy has to become an element of formal education in order to instruct children and minors on how to act responsibly in the online environment;
Amendment 111 #
2011/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports further clarification with regard toand reinforcement of guarantees for the processing of sensitive data, along with discussnd the reflection ofn the need to includecessity to deal with new categories such as genetic data, especially in the context of both technological developments (e.g. cloud computing) and societal developments;
Amendment 114 #
2011/2025(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Highlights the need to enhance guarantees for the protection of children’s personal data, also in light of the increased access of children to Internet and digital contents;
Amendment 117 #
2011/2025(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it essential thato reinforce data controllers’ obligations to ensure compliance with data protection, and, in this connection, legislation by having in place, inter alia, proactive mechanisms and procedures, and welcomes the other directions suggested inby the Commission communication;
Amendment 120 #
2011/2025(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Welcomes and supports the considerations of the Commission to introduce a principle of accountability as it is of key importance to ensure that data controllers act upon their responsibility; at the same time calls on the Commission to carefully examine how such a principle could be effectively implemented and assess the consequences thereof;
Amendment 125 #
2011/2025(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers essential the possibility of making Privacy Impact Assessments mandatory in order to identify privacy risks, foresee problems, and bring forward proactive solutions;
Amendment 127 #
2011/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Encourages the Commission to introduce a system for mandatory general personal data breach notifications in extending it to other sectors than the telecommunications sector while ensuring that (a) it does not become a routine alert for all sorts of breaches but mainly the ones that can impact negatively on the individual and (b) that all breaches without exception are logged and at the disposal of data protection or other appropriate authorities for inspection and evaluation;
Amendment 129 #
2011/2025(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Sees in the concepts of ‘privacy by design’ and ‘privacy by default’ a strengthening of data protection, and supports examination of possibilities for their concrete application and further development;
Amendment 135 #
2011/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Supports the efforts to further to advance self- regulatory initiatives withinand the revision of the data protection framework, as suggested in the Commission communication, and is in favour of giving considerflection on setting up of EU certification schemes, as complementary steps to legislative measures, while maintaining that the EU data protection model is based on legislation to setting up EU certification schemhigh- level guarantees;
Amendment 139 #
2011/2025(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 150 #
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 core EU data protection aspects to be used for all types ofin international agreements;
Amendment 151 #
2011/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that the Commission’s adequacy procedure of the Commission would benefit from further clarification, stricter implementation, enforcement and monitoring, and that the criteria and requirements for assessing the level of data protection in a third country or an international organisation should be better specified taking into account the new threats to privacy and personal data;
Amendment 46 #
2010/0821(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that the European stability mechanism constitutes an integral part of a global package of measures which are designed to define a new framework, reinforcing budgetary discipline and coordination of economic and financial policies of the Member States and promoting a joint European response to debt and growth challenges, concomitantly overcoming economic and social imbalances and improving competitivity;
Amendment 49 #
2010/0821(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that it is essential to go beyond the temporary measures aiming at stabilising the euro area, and that the Union should build up its economic governance, including by means of policies and instruments designed to promote sustainable growth in Member States; takes the view that the reinforcement of the SGP, the European semester, the EU 2020 strategy and the amendment of Article136 TFUEU concerning the stability mechanism are only a first step in that direction;
Amendment 41 #
2010/0312(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The evaluation mechanism should provide for a support mechanism in case a serious deficiency, which has a possible significant impact on the internal security of the Schengen area, is detected. In the event of the Member State concerned not being able, within a six-month period and with the support of Frontex experts, to remedy the deficiency, it should be possible to apply follow-up measures and sanctions, which could lead to the reintroduction of border controls for a limited period of time, in full respect of Articles 78(3) and 80 of the Treaty on the Functioning of the European Union.
Amendment 86 #
2010/0312(COD)
Proposal for a regulation
Article 13 b (new)
Article 13 b (new)
Article 13b Follow-up and sanctions Six months after the detection of a serious deficiency, the Commission shall schedule an on-site visit. If the on-site visit reveals that the serious deficiency has not been remedied, the Commission shall present a proposal to the committee established under Article 15 on the follow-up and possible sanctions. The decision on the follow-up and possible sanctions shall be taken in accordance with the examination procedure referred to in Article 15(2). In case of a continuous failure to comply with the Schengen rules on the part of a Member State, exhaustion of all possible actions and support to remedy the situation must be pursued before deliberation of more severe sanctions. Pursuant to Articles 78(3) and 80 of the Treaty on the Functioning of the European Union, a reintroduction of border controls shall not be permitted against a Member State that is either confronted by an emergency situation characterised by a sudden inflow of nationals of third countries or faces a critical situation with regard to fully implementing its Schengen obligations due, in whole or in part, to the high number of third country nationals reaching its borders.
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 154 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 5
Article 1 – point 5
Regulation (EC) No 2007/2004
Article 3a (new) – paragraph 1 – subparagraph 2 – point i
Article 3a (new) – paragraph 1 – subparagraph 2 – point i
(i) regarding sea operations, specific requirements regarding the applicable jurisdiction and maritime law provisions concerninformation on the application of the relevant legislation ing the geographical area where the joint operation takes place.
Amendment 198 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 2007/2004
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Subject to the return policy of the Union, and in particular Directive 2008/115/EC15 , the Agency shall provide the necessary assistance, and upon request of all the participating Member States ensure the coordination for organising joint return operations of Member States. The Agency may decide to finance or co-finance the operations and projects referred to in this paragraph, with grants from its budget in accordance with the financial rules applicable to the Agency. The Agency may also use Union financial means available in the field of return. The Agency shall ensure that in its grant agreements with Member States any financial support is conditional upon the full respect of the Charter of Fundamental Rights.
Amendment 224 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 2
Article 14 – paragraph 2
2. TWhen Member States are not sufficiently represented, the Agency may deploy liaison officers, which should enjoy the highest possible protection to carry out their duties, in third countries. They shall form part of the local or regional cooperation networks of Member States' liaison officers set up pursuant to Council Regulation No 377/2004. Liaison officers shall only be deployed to third countries in which border management practices respect minimum human rights standards. Priority for deployment should be given to those third countries, which on the basis of risk analysis constitute a country of origin or transit regarding illegal migration. On a reciprocal basis the Agency may receive liaison officers posted by those third countries also, for a limited period of time. The Management Board shall adopt, on a proposal of the Executive Director, the list of priorities on a yearly basis in accordance with the provisions of Article 24.
Amendment 234 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Agency may benefit from Union funding in accordance with the provisions of the relevant instruments supporting the Union's external relations policy. It may launch and finance technical assistance projects in third countries regarding matters covered by this Regulation. The Agency may also, in agreement with the host Member State, invite representatives of third countries, other European Union agencies and bodies or international organisations to participate in its activities referred to in Articles 3, 4 and 5. These representatives shall receive the appropriate training from the Agency prior to their participation.
Amendment 239 #
2010/0039(COD)
Proposal for a regulation – amending act
Article 1 – point 16
Article 1 – point 16
Regulation (EC) No 2007/2004
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency may cooperate with the authorities of third countries competent in matters covered by this Regulation in the framework of working arrangements concluded with these authorities, in accordance with the relevant provisions of the Treaty. These working arrangements shall be purely operational texts.
Amendment 2 #
2009/2240(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the European Parliament's resolution of 7 May 2009 on the proposal for a regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (COD/2008/0243),
Amendment 4 #
2009/2240(INI)
Motion for a resolution
Recital A
Recital A
A. whereas a fair and realistic migration policy in the European Union, entailing the establishment of a Common European Asylum System (CEAS), must comprise an effective resettlement programme, providing a durable solution for refugees who cannot return to their country of origin and whose protection and livelihood cannot be assured in first countries of asylum,
Amendment 37 #
2009/2240(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recalls, at the same time, the European Parliament's recommendations of 7 May 2009 on mandatory solidarity as regards resettlement of refugees already in Member States; believes that the resettlement mechanism should therefore be open to and applicable for intra-EU resettlement of beneficiaries of international protection present in the territory of Member States that are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographic position or demographic situation; requests that adequate funds be earmarked to for such intra-EU resettlement programmes;
Amendment 2 #
2009/2229(INI)
Draft opinion
Paragraph 1
Paragraph 1
1.Recalls that access to the Internet is a fundamental right, which at the same time both depends upon, and guarantees, the exercise of a number of other fundamental rights including,, but not limited to, respect for private life, data protection, freedom of expression, speech and association, freedom of the press, political expression and participation, non- discrimination, education, and cultural and linguistic diversity; underlines that institutions and stakeholders at all levels have therefore a general responsibility to assist in ensuring that everyone can exercise their right to participate in the information society, simultaneously attacking the twin challenges of e-illiteracy and democratic exclusion in the electronic age;
Amendment 6 #
2009/2229(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Supports the promotion of the “privacy by design” principle according to which privacy and data protection requirements should be introduced as soon as possible in the life-cycle of new technological developments, assuring citizens a safe and user-friendly environment; encourages the incorporation of fundamental principles of the “Internet Bill of Rights” into the research and development process of the "next steps of Internet Governance; in this regard, requests additional information on the initiative of the Spanish Presidency of promoting a ‘Code of Digital Rights of e-Communications and online services;
Amendment 11 #
2009/2229(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Holds the view that ICANN’s accountability and transparency issues need to be addressed, especially its reform and multilateral accountability; holds that transparency, respect for privacy, Net neutrality, and an environment of trust among I-stakeholders are indispensable elements in order to build a sustainable security vision for the Internet.
Amendment 1 #
2009/2178(INI)
Motion for a resolution
Citation (new)
Citation (new)
– having regard to its resolution of 29 March 2009 on strengthening security and fundamental freedoms on the Internet,
Amendment 6 #
2009/2178(INI)
Motion for a resolution
Recital A
Recital A
A. whereas violationinfringements of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents, can constitute a genuine threat not only to consumer health and safety but also to our economies and societies,
Amendment 7 #
2009/2178(INI)
Motion for a resolution
Recital A
Recital A
A. whereas violations of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents,commercial goods counterfeiting constitutes a genuine threat not only to consumer health and safety but also to our economies and societies,
Amendment 8 #
2009/2178(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas scientific and technical innovation, patents and the cultural industries make a decisive contribution to the competitiveness of the European economy, both through the number and diversity of the job openings they provide and through the wealth created; whereas the cultural economy, from creation through to distribution, must be supported,
Amendment 10 #
2009/2178(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas knowledge sharing and dissemination of innovation are strong traditions in the European Union; whereas access by the greatest possible number to technological progress and cultural products continues to be the foundation of education and development policy,
Amendment 11 #
2009/2178(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas within the current information and digital technology society new forms of production, distribution and consumption are emerging, which are generating new products and services that call for new commercial models able to provide product accessibility and diversity while guaranteeing appropriate remuneration for authors and others who take part in their creation,
Amendment 19 #
2009/2178(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the phenomenon of on-line piracy has assumed very alarmworrying proportions, particularly for the creative content industries, and whereas it has not been established yet whether the existing legal framework has proven inis capable of effectively protecting rights-holders on the Internet and thewhile guaranteeing a balance between all the interests at stake, including those of consumers,
Amendment 20 #
2009/2178(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas efforts to tackle on-line non- commercial file sharing have created a strong and prejudicial antagonism between the creative industries and their public, and it is therefore necessary to explore new ways of creating synergy between the rights of the public and the revenues of authors and creators,
Amendment 28 #
2009/2178(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, with the exception of legislation on penalties under the criminal law, a Community legal framework already exists with regard to the phenomenon of counterfeiting and piracy of physical goods, but whereas lacunae persist with regard to Internet piracy,
Amendment 29 #
2009/2178(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the measures provided for by Directive 2004/48/EC on the enforcement of intellectual property rights on the internal market have not yet been assessed, from the point of view of the protection of rights or from the point of view of its effects on consumers’ rights,
Amendment 30 #
2009/2178(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the telecoms regulatory framework has recently been amended, rejecting proposals for so-called graduated response schemes at EU level, and instead includes provisions for standardised public interest notices which can address, among other things, copyright and infringement thereof without jeopardising data protection and privacy rights and stresses the need to respect fundamental rights in matters relating to Internet access,
Amendment 33 #
2009/2178(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the co-decision role of the European Parliament in commercial matters and its access to negotiation documents is guaranteed by the Lisbon Treaty,
Amendment 43 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Wonders about the accuracy of the word ‘piracy’ as used to designate the non-commercial exchange of content on line, which leads to a de facto criminalisation of millions of European citizens, particularly young people;
Amendment 46 #
2009/2178(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to urgently presentpropose a comprehensive IPR strategy addressing all aspects of IPRs, including their enforceon IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the field of IPR to current trends in society as well as to technical developments;
Amendment 49 #
2009/2178(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that any measures taken to enforce IPR must respect the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 10, Article 8, and Article 6, and be necessary, proportionate, and appropriate within a democratic society;
Amendment 57 #
2009/2178(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to draw up the report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken, their compatibility with fundamental rights, as well as an evaluation of its impact on innovation and the development of the information society, in accordance with Article 18(1) of that Directive and, if necessary, to propose amendments; calls for that report also to include an assessment of the ways to strengthen and upgrade the legal framework with respect to the Internetimpact of the directive on the digital market of creative content and consumers’ rights;
Amendment 60 #
2009/2178(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;
Amendment 68 #
2009/2178(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Commission to guarantee that the Observatory obeys EU rules in the field of privacy and data protection;
Amendment 72 #
2009/2178(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to inform Parliament and the Council fully and comprehensively about the results of the Observatory's activities through annual reports in which the Commission draws conclusions and proposes solutions necessary to enhance the enforcement of IPRsimprove IPR law;
Amendment 87 #
2009/2178(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Agrees with the Commission that additionalCautions against non-legislative measures are useful to improvegarding the application of IPR, particularly measures arising from as they may lead to the circumvention of legal safeguards, including those concernin-g depth dialogue among stakeholdersata protection and privacy;
Amendment 90 #
2009/2178(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that the Commission has not mentioned or discussed the delicate problem of on-line piracy, which constitutes a major aspect of this worldwide phenomenon in the age of digitisation of our societies, particularly the issue of the balance between, on the one hand, fundamental rights, including the right to data protection and privacy and the question of free access to the Internet , and on the other hand the measures to be taken to combat this scourge effectively; urges the Commission to broach this problem in its IPR strategy;
Amendment 92 #
2009/2178(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that a number of factors have allowed this phenomenon to develop, particularly technological advances and the lack of legitimate offers; recalls however that this phenomenon constitutes a violation of IPR to which appropriate, urgent solutions need to be found, geared to the sector concerned and in compliance with fundamental rights;
Amendment 95 #
2009/2178(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that support for and development of the provision of a diversified, attractive, high-profile, legal range of goods and services for consumers may help to tackle the phenomenon, but recognises that this is not sufficient: piracy is today the biggest obstacle to the development of legal online offers and the EU runs the risk of condemning to failure efforts to develop the legitimate online market if it does not recognise that fact and make urgent proposals to address ican ensure the development of a dynamic market for online creative content;
Amendment 99 #
2009/2178(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that all parties concerned, includingUrges the Commission to rethink the critical issue of intellectual property and to invite all those active in the sector, including in particular telecom operators and Internet service providers, musto join in the dialogue with stakeholders in order to find the appropriate solutions in the course of 2010; calls on the Commission, failing this, to submit a legislative proposal or to amend existing legislation, particularly Directive 2004/48/EC, so as to upgrade the Community legal framework in this field on the basis of national experiencesforces and seek solutions that are equitable for large and small stakeholders as much as for consumers, that guarantee fair, effective remuneration to all categories of rights holders, real choice for consumers, cultural diversity and respect for fundamental rights, including the right to data protection and privacy;
Amendment 109 #
2009/2178(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the need to ensure that any legislative measure should not restrict in any way the fundamental rights to data protection and privacy as recognised in EU law;
Amendment 112 #
2009/2178(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Supports steps taken by the Commission with a view to identifying the best ways to further improve the EU Customs Regulation which allows the detention of goods suspected of infringing IPRs and is, as such, one of the pillars of the Union legal framework designed to enforce IPRs, and calls on the Commission and Member States to ensure that the detention of goods whose illegality is not proven should be as short as possible to avoid illegitimately blocking international transfers of such goods when an overriding general interest, such as public health, is at stake in countries of destination;
Amendment 114 #
2009/2178(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to pursue innovative and upgraded cooperation between administrative departments and the various sectors of industry concerned, without prejudice to the traditional and legal distinction between the roles and competences of the law enforcement and judicial authorities and of the industry;
Amendment 116 #
2009/2178(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to step up its cooperation with priority third countries with regard to intellectual property and continue its effortspromote a balanced approach in the context of the negotiations on intellectual property under the auspices of the World Trade Organisation concerning intellectual property, particularly in the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);
Amendment 119 #
2009/2178(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to continue its efforts to furtherfully inform Parliament on the progress and outcome of the negotiations on the multilateral Anti-Counterfeiting Trade Agreement (ACTA) to improve the effectiveness of the IPR enforcement system against counterfeiting and to fully inform Parliament on the progress and outcome of the negotiationsand to ensure that the provisions of ACTA fully comply with the acquis communautaire on IPR and fundamental rights;
Amendment 120 #
2009/2178(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Reiterates its calls on the Commission to ensure that ACTA only concentrates on IPR enforcement measures and not on substantive IPR issues such as the scope of protection, limitations and exceptions, secondary liability or liability of intermediaries, and that ACTA is not used as a vehicle for modifying the existing European IPR enforcement framework;
Amendment 121 #
2009/2178(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
Amendment 135 #
Amendment 15 #
2009/2133(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
(a) appointments to the EEAS should be made on the basis of merit, expertise and excellence, with due respect for proportional geographical representation and in appropriate and balanced proportions from the Commission, the Council and national diplomatic services, ensuring that the VP/HR can draw on the knowledge and experience of all three in the same way;
Amendment 24 #
2009/2133(INI)
Motion for a resolution
Paragraph 4 – point d
Paragraph 4 – point d
(d) Commission delegations in third countries and the Council liaison offices should be merged to form 'Union embassies', headed by EEAS staff, who would be answerable to the VP/HR; specialist advisers from Commission Directorates-General should not be prevented from being seconded to work in that framework;
Amendment 1 #
2009/2002(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the increase of the budget of the Integration Fund in order to support the efforts of Member States to enable and facilitate third country nationals' integration into European societies, in accordance with Parliament's resolution of 6 July 2006 on strategies and means for the integration of immigrants in the European Union1; ____________ 1 OJ C 303 E, 13.12.2006, p. 845.
Amendment 45 #
2009/0164(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Without prejudice to the Geneva Convention, Member States may determine that an applicant who files a subsequent application shall normally not be granted refugee status, if the risk of persecution is based on circumstances which the applicant has created by his own decision since leaving the country of origin. The applicant cannot be considered to have created that risk by his own decision while exercising any of his fundamental rights under EU Law, particularly the right to freedom of speech.
Amendment 17 #
2009/0127(COD)
Proposal for a decision – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Decision No 573/2007/EC
Article 13 a (new)
Article 13 a (new)
(6a) The following article is inserted: "Article 13a Intra-EU resettlement of refugees and other beneficiaries of international protection Without prejudice to other specific mechanisms and initiatives concerning intra-EU reallocations and on the basis of the principle of mandatory solidarity in the resettlement of refugees already in Member States, the resettlement mechanism shall also be open and applicable to intra-EU resettlement of beneficiaries of international protection present in the territory of Member States that are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographic position or demographic situation."
Amendment 157 #
2008/2199(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the recent extension of the visa waiver programme to another six EU Member States; however calls once again on the US to lift the visa regime for the remaining six Member States and to treat all EU-citizens equally and on the basis of full reciprocity; asks the Commission to treat this as a priority matter with the new US administration; , not only as regards the granting or denial of visa-free status per se but also as regards the terms and conditions on which such status is granted to, or withheld from, different Member States by the US; asks the Commission to treat this as a priority matter with the new US administration; is concerned that the new Electronic System for Travel Authorization imposed by the US may amount to a new visa process on a traveller-by-traveller basis, thus negating most of the benefits of the visa waiver programme;
Amendment 5 #
2008/2160(INI)
Proposal for a recommendation
Recital C a (new)
Recital C a (new)
Ca. whereas we live in an age where everyone, from governments to police, private companies and even criminals, seeks the greatest possible access to our private electronic data; whereas the Internet in particular provides previously unimaginable details about our private lives,
Amendment 6 #
2008/2160(INI)
Proposal for a recommendation
Recital C b (new)
Recital C b (new)
Cb. whereas on the Internet, freedom of expression and privacy can at the same time be both better enhanced and more exposed to intrusions and limitations by both private and public actors,
Amendment 7 #
2008/2160(INI)
Proposal for a recommendation
Recital D
Recital D
D. whereas, through the freedom that it provides, the Internet has also been used as a platform for violent and undemocratic messages such as the ones intentionally inciting to terrorist attacks, and whereas cybercrime threats more broadly have increased worldwide and are endangering individuals (including children) and networks,
Amendment 18 #
2008/2160(INI)
Proposal for a recommendation
Recital H
Recital H
H. whereas it should be recalled that, when dealing with rights such as freedom of expression or respect for private life, interferences with the exercise of such rights may only be imposed by public authorities if they are ‘in accordance with the law' and necessary, and proportionate, and appropriate in a democratic society,
Amendment 19 #
2008/2160(INI)
Proposal for a recommendation
Recital H a (new)
Recital H a (new)
Ha. whereas, on the Internet, there exists a major power and knowledge divide between corporate and government entities on the one hand, and individual users on the other; whereas, therefore, a debate must be launched on necessary limitations to “consent,” both in terms of what companies and governments may ask a user to disclose and to what extent individuals should be required to cede their privacy and other fundamental rights in order to receive certain Internet services or other privileges,
Amendment 20 #
2008/2160(INI)
Proposal for a recommendation
Recital I a (new)
Recital I a (new)
Ia. whereas the host of fundamental rights that are affected in the Internet world include, but are not limited to, respect for private life (including the right to permanently delete a personal digital footprint), data protection, freedom of expression, speech and association, freedom of the press, political expression and participation, non-discrimination, and education; whereas the content of such rights, including their field of application and their scope, the level of protection provided by such rights, and the prohibitions on abuse of such rights should be governed by the rules on the protection of human and fundamental rights guaranteed by the Constitutions of the Member States, international human rights treaties, including the Convention for the Protection of Human Rights and Fundamental Freedoms, general principles of Community law and the Charter of Fundamental Rights of the European Union, and/or by other relevant rules of national, international and Community law, in their respective fields of application,
Amendment 21 #
2008/2160(INI)
Proposal for a recommendation
Recital I b (new)
Recital I b (new)
Ib. whereas all the actors involved and active on the Internet should assume their respective responsibilities and engage in fora where pressing and important issues relating to Internet activity are discussed in order to seek and promote common solutions,
Amendment 29 #
2008/2160(INI)
Proposal for a recommendation
Recital K a (new)
Recital K a (new)
Ka. whereas strong data protection rules are a major concern for the EU and its citizens, and Recital 2 of Directive 95/46/EC on data protection clearly states that technology (i.e. data-processing systems) is “designed to serve man” and must respect “fundamental rights and freedoms, notably the right to privacy, and contribute to economic and social progress, trade expansion and the well- being of individuals”,
Amendment 36 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point d
Paragraph 1 - point d
d) invite the Presidency of the Council and the Commission to reflect on a comprehensive strategy in order to combat cybercrime, pursuant inter alia to the Council of Europe Convention on Cybercrime, including the ways in which to address the issue of “identity theft” at EU level;
Amendment 38 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point e
Paragraph 1 - point e
e) encourage reflection on the necessary cooperation between private-public players in this field and on the enhancement of law enforcement cooperation, along with appropriate training for law enforcement and judicial authorities;
Amendment 41 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point f
Paragraph 1 - point f
f) pursueensure that the work undertaken within the framework of the Check the Web project and promote actionthe recent initiatives aiming at improving the circulation of information on cybercrime, such as the recent initiatives forincluding by the setting up of national alert platforms and a European alert platform for reporting offences committed on the Internet, provided that (creation of a European platform for cybercrime by Europol) are necessary, proportionate and appropriate and accompanied by all the necessary safeguards are in place;
Amendment 45 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point h
Paragraph 1 - point h
h) proceed to the adoption of the directive on criminal measures aimed at the enforcement of intellectual property rights, following an assessment in the light of contemporary innovation research of the extent to which it is necessary and proportionate, and while simultaneously prohibiting, in pursuit of that purpose, the systematic monitoring and surveillance of all users’ activities on the Internet, and ensuring that the penalties are proportionate to the infringements committed; within this context, also respect the freedom of expression and association of individual users and combat the incentives for cyber- violations of intellectual property rights, including certain excessive access restrictions placed by intellectual property holders themselves;
Amendment 65 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point o
Paragraph 1 - point o
o) call on the Member States to ensure that freedom of expression is not subject to arbitrary restrictions from the public and/or private sphere and to avoid all legislative or administrative measures that could have a 'chilling effect' on the speech of individualsall aspects of freedom of speech;
Amendment 72 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point q a (new)
Paragraph 1 - point q a (new)
qa) support and request the active involvement of the European Data Protection Supervisor and of the Article 29 Working Party in the development of European legislation dealing with Internet activities with a potential impact on data protection;
Amendment 79 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point s a (new)
Paragraph 1 - point s a (new)
sa) welcome the resolution on the urgent need for protecting privacy in a borderless world, and for reaching a Joint Proposal for setting International Standards on Privacy and Personal Data Protection of the 30th International Conference of Data Protection and Privacy Commissioners held in Strasbourg, in October 2008; urge all EU stakeholders (public as well as private) to engage in this reflection;
Amendment 80 #
2008/2160(INI)
Proposal for a recommendation
Paragraph 1 - point s b (new)
Paragraph 1 - point s b (new)
sb) stress the importance of developing a real Web E-agora where Union citizens can have a more interactive discussion with policy makers and other institutional stakeholders;
Amendment 2 #
2008/2026(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Recalls that in its resolution of 18 June 2008 on Missing Persons in Cyprus1 Parliament supported the allocation of further financial support to the Committee on Missing Persons (CMP) for the years 2009 onwards; calls on the Council to agree to this further financial assistance for 2009of EUR 2 million for 2009, as specifically requested in the above-mentioned resolution, and on the Commission not only to continue the work, but also to increase capacity, (particularly field capacity), to hire more scientists and to fund more equipment; 1 Texts adopted, 18.6.2008, P6_TA-PROV(2008)0292.Or. en
Amendment 49 #
2008/0140(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) Therefore, legislation should prohibit discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in a range of areas outside the labour market, including social protection, education and access to and supply of goods and services, including housing. It should provide for measures to ensure the equal access of persons with disabilities to the areas covered.
Amendment 57 #
2008/0140(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers, whether environmental or attitudinal, may hinder their full and effective participation in society on an equal basis with others.
Amendment 58 #
2008/0140(CNS)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.
Amendment 64 #
2008/0140(CNS)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Effective non-discriminatory access can be provided by a variety of means, including through "design for all" and through facilitating the use of assistive devices by persons with disabilities, including aids to mobility and access.
Amendment 71 #
2008/0140(CNS)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Differences in treatment related to age and disability may be permitted if they are objectively and reasonably justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. Such differences of treatment may include, for example, special age conditions regarding access to certain goods or services such as alcoholic drinks, arms, or driving licences. The promotion of the economic, cultural or social integration of young or older persons or persons with disabilities is regarded as a legitimate aim. Therefore measures related to age and disability which set more favourable conditions than are available to others, such as free or reduced tariffs for the use of public transport, museums, or sport facilities, are presumed to be compatible with the principle of non-discrimination.
Amendment 80 #
2008/0140(CNS)
Proposal for a directive
Recital 15
Recital 15
(15) Actuarial and risk factors related to disability and to age are used in the provision of insurance, banking and other financial services. These should not be regarded as constituting discrimination where the factors are shown to be keydetermining factors for the assessment of risk.
Amendment 109 #
2008/0140(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) Member States are responsible for the organisation and content of education. The Commission Communication on Competences for the 21st Century: An Agenda for European Cooperation on Schools draws attention to the need for special attention to be paid to disadvantaged children and those with special educational needs. In particular national law may provideNotwithstanding the right to education, Member States may allow for differences in access to educational institutions based on religion or belief. Member States may also allow or prohibit the wearing or display of religious symbols at school when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organization’s ethos and should not justify discrimination on any other ground.
Amendment 113 #
2008/0140(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) The European Union in its Declaration No 11 on the status of churches and non- confessional organisations, annexed to the Final Act of the Amsterdam Treaty, has explicitly recognised that it respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States and that it equally respects the status of philosophical and non-confessional organisations. Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden. In assessing whether the burden is disproportionate, account should be taken of a number of factors including the size, resources and nature of the organisation. The principle of reasonable accommodation and disproportionate burden are established in Directive 2000/78/EC and the UN Convention on Rights of Persons with Disabilities.
Amendment 117 #
2008/0140(CNS)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Measures to enable persons with disabilities to have effective non- discriminatory access to the areas covered by this Directive play an important part in ensuring full equality in practice. Furthermore, individual measures of reasonable accommodation may be required in some cases to ensure such access. In neither case are measures required that would impose a disproportionate burden.
Amendment 151 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. HNotwithstanding the freedom of speech, harassment shall be deemed to be a form of discrimination within the meaning of paragraph 1, when unwanted conduct related to any of the grounds referred to in Article 1 takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
Amendment 166 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide thatThis directive does not preclude differences ofin treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they areand disability if they are objectively and reasonably justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preSuch difference of treatment may include the fixing of a specific age for access to social benefits,protection, including social security and health care; social advantages; education; and certain goods orand services which are available to the public.
Amendment 169 #
2008/0140(CNS)
Proposal for a directive
Article 2 – paragraph 6
Article 2 – paragraph 6
6. Notwithstanding paragraph 2, Member States may provide that differences of treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively justified by a legitimate aim, and if the means of achieving that aim are appropriate and necessary. In particular, this Directive shall not preclude the fixing of a specific age for access to social benefits, education and certain goods or servicesortionate and necessary.
Amendment 221 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs educationwhile ensuring the rights of persons with disabilities to education without discrimination and on the basis of equal opportunities. Member States may provide for differences in treatment in access to educational institutions based on religion or belief.
Amendment 226 #
2008/0140(CNS)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. This Directive is without prejudice to the responsibilities of Member States for the content of teaching, activities and the organisation of their educational systems, including the provision of special needs education. Notwithstanding the right to education, Member States may provideallow for differences in treatment in access to educational institutions based on religion or belief when to require individuals, only on the basis of objective justifications, to act in good faith and with loyalty to the organization’s ethos and should not justify discrimination on any other ground.
Amendment 258 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shallould be taken, in particular, of the size and resources of the organisa of whether the measure in question, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilitiunfeasible or unsafe and could not be made feasible and safe by a reasonable modification of rules, policies or practices or the removal of architectural, communication or transport barriers or the provision of auxiliary aids or services. The burden shall not be deemed disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.
Amendment 259 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. For the purposes of assessing whether measures necessary to comply with paragraph 1 would impose a disproportionate burden, account shall be taken, in particular, of the size and resources of the organisation, its nature, the estimated cost, the life cycle of the goods and services, and the possible benefits of increased access for persons with disabilities. The burden shall not be disproportionate when it is sufficiently remedied by measures existing within the framework of the equal treatment policy of the Member State concerned.
Amendment 264 #
2008/0140(CNS)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In order to comply with the obligation to provide effective non-discriminatory access to existing infrastructures, policies or procedures within the meaning of Article 4- paragraph 1(a), Member States may, if necessary, have an additional period of 10 years from the deadline for transposition to comply with this provision. Member States wishing to use the additional period shall submit to the Commission a plan for progressive compliance with the requirements found in paragraph 1(a), including targets, means and timeline. Any Member State which chooses to use this additional period shall report annually to the Commission on the steps taken to provide effective non-discriminatory access and on the progress towards implementation of paragraph 4(1)(a). The Commission shall report annually to the Council.
Amendment 301 #
2008/0140(CNS)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall designate an independent functioning body or bodies for the promotion of equal treatment of all persons irrespective of their religion or belief, disability, age, or sexual orientation. These bodies may form part of agencies charged at national level with the defence of human rights or the safeguard of individuals' rights, includingthe rights under other Community acts including Directives 2000/43/EC and 2004/113/EC.
Amendment 322 #
2008/0140(CNS)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 82 #
2007/0249(COD)
Proposal for a regulation – amending act
Recital 3
Recital 3
(3) Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (hereinafter “ENISA Regulation”) established the European Network and Information Security Agency (ENISA) in 2004 for a period of five years, with the goal of ensuring a high and effective level of network and information security within the Community, in order to develop a culture of network and information security for the benefit of the citizens, consumers, enterprises and public sector organisations of the European Union, thus contributing to the smooth functioning of the internal market. This Regulation does not affect Regulation EC 460/2004, which should be reviewed in accordance with its relevant provisions.
Amendment 30 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 26 a (new)
Recital 26 a (new)
Amendment 56 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 3 - point b
Article 2 - point 3 - point b
Directive 2002/58/EC
Article 4 - paragraph 3
Article 4 - paragraph 3
3. In case of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed in connection with the provision of publicly available communications services in the Community, theand providers of publicly available electronic communications servicesInformation society services in the Community, the provider shall, without undue delay, notify the subscriber concernedall affected persons and the national regulatory authority of such a breach. The notification to the subscriber shall at least describe the nature of the breach and recommend measures to mitigate its possible negative effects. The notification to the national regulatory authority shall, in addition, describe the consequences of and the measures taken by the provider to address the breach. NRAs must, at regular intervals, carry out statistical analyses, on a company-by- company and industry-wide basis, on the types and frequency of data breaches during said intervals, as well as on the speed and effectiveness of the mitigation of such breaches. NRAs must also monitor whether companies have faithfully executed their notification obligations under this article and impose appropriate sanctions, including publication, as appropriate, in case of a breach.
Amendment 64 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 3 - point b
Article 2 - point 3 - point b
Directive 2002/58/EC
Article 4 - paragraph 4 - subparagraph 1
Article 4 - paragraph 4 - subparagraph 1
4. In order to ensure consistency in implementation of the measures referred to in paragraphs 1, 2 and 3, the Commission mayshould, following consultation with ENISA, the European Electronic Communications Market Authority (hereinafter referred to as “the Authority”), and the European Data Protection SupervisorData Protection Supervisor and the Article 29 Working Party, adopt technical implementing measures concerning inter alia the circumstances, format and procedures applicable to information and notification requirements referred to in this Article. The Commission shall involve all relevant stakeholders, particularly in order to be informed on best available solutions, both technically and economically, suitable to improve the implementation of the Directive.
Amendment 67 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 4
Article 2 - point 4
Directive 2002/58/EC
Article 5 - paragraph 3
Article 5 - paragraph 3
3. Member States shall ensure that the storing of information, or gaining access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerne, either directly or indirectly and by means of any kind of storage medium, is prohibited unless the subscriber or user concerned has given her/his prior consent and is provided with clear and comprehensive information in accordance with Directive 95/46/EC, inter alia about the purposes of the processing and is offered the right to refuse such processing by the data controller. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network, or as strictly necessary in order to provide an information society service explicitly requested by the subscriber or user.
Amendment 74 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point -5 a (new)
Article 2 - point -5 a (new)
Directive 2002/58/EC
Article 13 - paragraph 1
Article 13 - paragraph 1
(-5a) Article 13(1) shall be replaced by the following: 1. The use of automated calling and communication systems without human intervention (automatic calling machines), facsimile machines (fax), or electronic mail and cellular telephony services for the purposes of direct marketing may only be allowed in respect of users who have given their prior consent as defined in Directive 95/46/EC.
Amendment 82 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point -7 e (new)
Article 2 - point -7 e (new)
Directive 2002/58/EC
Article 15 - paragraph 1 a (new)
Article 15 - paragraph 1 a (new)
(-7e) In Article 15,the following paragraph 1a shall be added: 1a. Providers of publicly available communications services and providers of Information society services must notify the Independent Data Protection Authorities, without undue delay, on all requests for access to users’ personal data received pursuant to art. 15 par. 1, including the legal justification given and the legal procedure followed for each request; the Independent Data Protection Authority shall notify the appropriate judicial authorities in cases in which it deems that the established provisions, under national law, have not been followed.
Amendment 83 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 7
Article 2 - point 7
Directive 2002/58/EC
Article 15 a- paragraph 1
Article 15 a- paragraph 1
1. Member States shall lay down the rules on penalties - including penal sanctions, where appropriate - applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the [time limit for implementation of the amending act] at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 84 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 7
Article 2 - point 7
Directive 2002/58/EC
Article 15a - paragraph 4 − subparagraph 1
Article 15a - paragraph 4 − subparagraph 1
4. In order to ensure effective cross-border co-operation in the enforcement of the national laws adopted pursuant to this Directive and to create harmonised conditions for the provision of services involving cross-border data flows, the Commission may adopt technical implementing measures, following consultation with the AuthoriENISA, the Article 29 Working Party and the relevant regulatory authorities.
Amendment 86 #
2007/0248(COD)
Proposal for a directive – amending act
Article 2 - point 7 b (new)
Article 2 - point 7 b (new)
Directive 2002/58/EC
Article 18 a (new)
Article 18 a (new)
(7b) The following Article 18a is inserted: Article 18a No later than 2011, the Commission shall submit to the EP, the Council and the EESC a study on the development of hybrid public/private networks and their inclusion within scope of application of this directive, following the consultation of the Article 29 working Party and the EDPS.
Amendment 19 #
2007/0236(CNS)
Recital 7
(7) The current proposal foresees the criminalisation of terrorist linked offences in order to contribute to the more general policy objective of prevention of terrorism through reducing the dissemination of those materials which mightith the intention and the likelihood to incite persons to commit terrorist attacks.
Amendment 21 #
2007/0236(CNS)
Recital 11
(11) Penalties and sanctions should be provided for natural and legal persons having committed or being liable for public provocation to commit terrorist offences, recruitment for terrorism and training for terrorism, when committed intentionally. These forms of behaviour should be equally punishable in all Member States irrespective of whether they are committed through the Internet or not.
Amendment 24 #
2007/0236(CNS)
Recital 12
(12) Additional jurisdictional rules should be established to ensure that public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism may be effectively prosecuted when they are directed towards and are likely tor resulted in the commission of a terrorist offence which is subject to the jurisdiction of a Member State.
Amendment 26 #
2007/0236(CNS)
Recital 14
(14) The Union observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, notably Chapters II and VI thereof. Nothing in this Framework Decision may be interpreted as being intended to reduce or restrict fundamental rights or freedoms such as freedom of expression, assembly, or of association, the right to respect for private and family life, including the right to respect of the confidentiality of correspondence, including the content of e-mail and other kinds of electronic correspondence.
Amendment 30 #
2007/0236(CNS)
Recital 15 a (new)
(15a) The criminal sanctions provided for in this Framework Decision should be effected in such a way as to be proportionate to the legitimate aims pursued, necessary and appropriate in a democratic society and non- discriminatory.
Amendment 34 #
2007/0236(CNS)
Proposal for a decision – amending act
Article 1 − point (-1)
Article 1 − point (-1)
(-1) The following paragraph is inserted after article 1, paragraph 2: "(2a) This Framework Decision shall not have the effect of requiring Member States to take measures in contradiction to fundamental principles relating to freedom of expression, including freedom of the press and the freedom of expression in other media as they result from constitutional traditions of rules governing the rights and responsibilities of, and the procedural guarantees for, the press or other media where these rules relate to the determination or limitation of liability, including the right to respect of the confidentiality of correspondence, as well as the content of e-mail and other kinds of electronic correspondence. "
Amendment 35 #
2007/0236(CNS)
Proposal for a decision – amending act
Article 1 − point -1 a
Article 1 − point -1 a
(-1a) The following paragraph is added after article 1, paragraph 2a: "(2b) This Framework Decision shall not reduce or restrict the dissemination of information for scientific, academic or reporting purposes, the expression of radical, polemic or controversial views in the public debate on sensitive political questions, including terrorism."
Amendment 39 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 1 − point (a)
Article 3 − paragraph 1 − point (a)
(a) "public provocation to commit a terrorist offence" means the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the acts listed in Article 1(1)(a) to (h), where such conduct, whether or not directly advocating terrorist offences, causes a realistic danger that one or more such offences may be committed;
Amendment 45 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 3 a (new)
Article 3 − paragraph 3 a (new)
3a. The Member States shall ensure that the acts referred to in paragraph 2(a) to (c) of this Article are criminalised with due respect for the obligations relating to freedom of speech and freedom of association by which those States are bound, including the obligations relating to freedom of the press and freedom of speech in other media.
Amendment 46 #
2007/0236(CNS)
Article 1 − point 1
Framework Decision 2002/475/JHA
Article 3 − paragraph 3 b (new)
Article 3 − paragraph 3 b (new)
3b. The Member States shall also ensure that the criminalisation of the acts referred to in paragraph 2(a) to (c) of this Article is proportionate to the nature and the circumstances of the offence (having regard to the legitimate aims pursued and the necessity and appropriateness thereof in a democratic society) and excludes any form of arbitrariness and of discriminatory or racist treatment.
Amendment 67 #
2007/0228(CNS)
Proposal for a directive
Article 2 - point g
Article 2 - point g
(g) "higher education qualifications " stands for any degree, diploma or other certificate recognissued by athe competent authority of the Member State attesting the successful completion of a higher education programme, namely a set of courses provided by an educational establishment recognised as a higher education institution by the State in which it is situated. These qualifications are taken into account, for the purposes of this directive, on condition that the studies needed to acquire them lasted at least three years;
Amendment 112 #
2007/0228(CNS)
Proposal for a directive
Article 8 - paragraph 2
Article 8 - paragraph 2
2. The initial validity of an EU Blue Card shall be of twohree years and shall be renewed for at least the same durationnother two. If the work contract covers a period less than two years, the EU Blue Card shall be issued for the duration of the work contract plus three months.
Amendment 122 #
2007/0228(CNS)
Proposal for a directive
Article 10 - paragraph 1 − point a
Article 10 - paragraph 1 − point a
(a) when it has been fraudulently acquired, or has been falsified or tampered with, or. Member States may withdraw or refuse to renew an EU Blue Card issued on the basis of this Directive in the following cases:
Amendment 30 #
2005/0202(CNS)
Recital 6 b
Amendment 33 #
2005/0202(CNS)
Recital 13 a
(13a) Member State should ensure that the data subject is informed that the personal data could be or are being collected, processed or transmitted to an other Member State, to a third country, or to a private entity for the purpose of prevention, investigation, detection, and prosecution of criminal offences or the execution of criminal penalties. The modalities of the right of the data subject to be informed and the exceptions thereto shall be determined by national law. This may take a general form, for example, through the law or through the publication of a list of the processing operations.
Amendment 34 #
2005/0202(CNS)
Recital 24
(24) This Framework Decision is without prejudice to eExisting obligations and commitments incumbent upon Member States or upon the European Union by virtue of bilateral and/or multilateral agreements with third States. F and future agreements must comply, as a minimum, with the rules on exchanges with third States laid down by this Framework Decision.
Amendment 36 #
2005/0202(CNS)
Article 11 - paragraph 1
1. All transmissions and subsequent processing of personal data are to be logged or documented for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security.
Amendment 38 #
2005/0202(CNS)
Article 14 - paragraph 3