Activities of Adina VĂLEAN
Plenary speeches (61)
General budget of the European Union for 2020 - all sections (debate)
Commemoration of the 30th anniversary of the Romanian revolution of December 1989 (debate)
Commemoration of the 30th anniversary of the Romanian revolution of December 1989 (debate)
EU strategy for mobility and transport: measures needed until 2030 and beyond (debate)
EU strategy for mobility and transport: measures needed until 2030 and beyond (debate)
Road safety (debate)
Road safety (debate)
Tourism and transport in 2020 and beyond (debate)
Tourism and transport in 2020 and beyond (debate)
European Year of Rail (2021) (debate)
European Year of Rail (2021) (debate)
A new strategy for European SMEs (debate)
A new strategy for European SMEs (debate)
Revision of the Trans-European Transport Network (TEN-T) guidelines (debate)
Revision of the Trans-European Transport Network (TEN-T) guidelines (debate)
Connecting Europe Facility - Streamlining measures for the realisation of the TEN-T - Railway safety and signalling: Assessing the state of play of the ERTMS deployment (debate)
Connecting Europe Facility - Streamlining measures for the realisation of the TEN-T - Railway safety and signalling: Assessing the state of play of the ERTMS deployment (debate)
Plans and actions to accelerate a transition to innovation without the use of animals in research, regulatory testing and education (debate)
Plans and actions to accelerate a transition to innovation without the use of animals in research, regulatory testing and education (debate)
Decent working and employment conditions in the aviation sector - Impact of the COVID-19 crisis on aviation (debate)
Decent working and employment conditions in the aviation sector - Impact of the COVID-19 crisis on aviation (debate)
EU response to the transport poverty (debate)
EU response to the transport poverty (debate)
Stocktaking of the European Year of Rail (debate)
Stocktaking of the European Year of Rail (debate)
Barriers to the free movement of goods (debate)
Barriers to the free movement of goods (debate)
Renewable Energy Directive (debate)
Renewable Energy Directive (debate)
Momentum for the Ocean: strengthening Ocean Governance and Biodiversity (debate)
Momentum for the Ocean: strengthening Ocean Governance and Biodiversity (debate)
Striving for a sustainable and competitive EU aquaculture: the way forward (debate)
Striving for a sustainable and competitive EU aquaculture: the way forward (debate)
Impact of new technologies on taxation: crypto and blockchain (debate)
Impact of new technologies on taxation: crypto and blockchain (debate)
Sustainable maritime fuels (FuelEU Maritime Initiative) - Deployment of alternative fuels infrastructure (debate)
Sustainable maritime fuels (FuelEU Maritime Initiative) - Deployment of alternative fuels infrastructure (debate)
Addressing persistent challenges in the aviation sector and the impacts on passengers, workers, capacity and safety (debate)
Addressing persistent challenges in the aviation sector and the impacts on passengers, workers, capacity and safety (debate)
Action plan to boost long-distance and cross-border passenger rail (short presentation)
Humanitarian consequences of the blockade in Nagorno-Karabakh
The storming of the Brazilian democratic institutions
Situation of journalists in Morocco, notably the case of Omar Radi
Small-scale fisheries situation in the EU and future perspectives (debate)
Small-scale fisheries situation in the EU and future perspectives (debate)
The Global Gateway Initiative (debate)
The Global Gateway Initiative (debate)
Investment practices of sustainable investment funds (debate)
Investment practices of sustainable investment funds (debate)
Industrial Emissions Directive - Industrial Emissions Portal - Deployment of alternative fuels infrastructure - Sustainable maritime fuels (FuelEU Maritime Initiative) - Energy efficiency (recast) (joint debate - Fit for 55 and Industrial Emissions)
Industrial Emissions Directive - Industrial Emissions Portal - Deployment of alternative fuels infrastructure - Sustainable maritime fuels (FuelEU Maritime Initiative) - Energy efficiency (recast) (joint debate - Fit for 55 and Industrial Emissions)
Sustainable aviation fuels (ReFuelEU Aviation Initiative) (debate)
Sustainable aviation fuels (ReFuelEU Aviation Initiative) (debate)
State of emergency in Ecuador (debate)
State of emergency in Ecuador (debate)
Building a comprehensive European port strategy (short presentation)
Implementation of the EU-Canada Comprehensive Economic and Trade Agreement (CETA) (short presentation)
Union-wide effect of certain driving disqualifications (debate)
Union-wide effect of certain driving disqualifications (debate)
Situation in Haiti on the eve of the deployment of the United Nations Multinational Security Support Mission (debate)
Situation in Haiti on the eve of the deployment of the United Nations Multinational Security Support Mission (debate)
Opinions (1)
OPINION on the draft general budget of the European Union for the financial year 2020
Shadow opinions (1)
OPINION on the draft general budget of the European Union for the financial year 2020
Oral questions (1)
Functioning of the internal market
Individual motions (1)
MOTION FOR A RESOLUTION on establishing a European Adherence to Therapy Day
Amendments (1491)
Amendment 10 #
2019/2028(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that in particular in the last year of the MFF an ambitious budget in climate action related programmes and for the protection of biodiversity is needed to build a bridge to the forthcoming MFF which it is anticipated will have a slow start until all new programmes are fully operational;
Amendment 14 #
2019/2028(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Furthermore, in the context of the Political Guidelines for the Next European Commission launched by the Commission President-elect, there is an absolute urgency to accelerate emissions reduction, and therefore it is necessary to amend the 2020 budget by enhancing those programmes aimed at supporting the switch from coal to gas in energy production;
Amendment 42 #
2019/2028(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls for additional funds to accelerate the development and deployment of cleaner technologies as well as additional funds to facilitate a just transition of coal regions to help meet the commitments undertaken by the Union under the Paris Agreement; stresses the need to continue supporting coal regions in the Union, so that they are prepared to benefit from a new Just Energy Transition Fund in the MFF 2021-2027.
Amendment 54 #
2019/2028(BUD)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Is deeply concerned about the ongoing uncertainty related to the withdrawal of the United Kingdom from the European Union; underlines that financial precautions are needed in case the UK does not contribute to the 2020 budget fully or in part, calls therefore on all other Member States to step in and fully compensate the UK contribution as all programmes are in their final phase and recipients of Union funds need certainty that the Union will honour its commitments.
Amendment 82 #
2018/2974(RSP)
Paragraph 9
9. Notes however that those pathways rely to a large extentalso on carbon removal technologies, including through carbon capture and storage or usage and direct air capture, that yet have to prove their feasibility; considers that the EU net-zero strategy should not overly relyand that their feasibility depends on the early scale-up onf such technologies, which should complement direc; highlights that the IPCC 1.5C Special Report assigns important emissions reductions; believes that further action by 2030 is needed if the Union is to avoid relying on carbon removal technologies that would entail significant risks for ecosystems, biodiversity and food security as confirmed by the IPCC 1.5 rep to Carbon Capture and Storage(CCS) in most 1.5C scenarios, refers to the In-depth analysis in support of the Commission Communication COM(2018) 773 which sees a role for CCS in all scenarios for 2050; stresses the need to develop, demonstrate and deploy CCS and CCU technologies in the EU industrial and energy sectorts;
Amendment 96 #
2018/2974(RSP)
Paragraph 9 a (new)
9 a. Highlights that CCS is essential to all 2050 pathways demonstrated in the In- depth analysis in support of the Commission Communication “A Clean Planet for All” and should therefore be considered as no-regrets option; acknowledges the progress made on CCS technology globally and the need for Europe to develop strong leadership and ambition in this area; highlights that the Strategy should reflect the targets set by Member States under the Strategic Energy Technology (SET) Plan to implement commercial scale CCS in the European energy and industrial sector in the 2020s;
Amendment 11 #
2018/2046(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 12 #
2018/2046(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that in addition to a significant increase in existing tasks, the EEA has been assigned with new responsibilities which result in an increase in EEA's financial and staff needs, while respecting the objectives of staff reduction and budget stabilisation; stresses that without an increase in the establishment table, there is a risk of substantial disruption in the EEA’s ability to support environmental policy development and implementation at Union and national level;
Amendment 41 #
2018/0166R(APP)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Reiterates that the mission of the European Environment Agency (EEA) is to help the Union and the Member States make informed decisions about protecting and improving the environment, integrating environmental considerations into economic policies and moving towards sustainability; underlines that the Commission has demanded additional tasks of the EEA, including, but not limited to, monitoring new legislation and policy developments on the Low Carbon Economy, Circular Economy agenda and the implementation of the Sustainable Development Goals and stresses that this should be appropriately reflected by the financial envelope of the agency, which should at least be categorised as stable in real terms in the budget for 2021-2027;
Amendment 69 #
2018/0050(COD)
Proposal for a regulation
Recital 6a (new)
Recital 6a (new)
(6a) Regulation(EU) No 1380/2013 includes the restoration and maintenance of populations of harvested species above levels capable of producing MSY as an explicit goal, as regards the exploitation of living marine biological resources. Therefore, in accordance with Article 2(2) thereof, the corresponding exploitation rate was to be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks, and should be maintained thereafter.
Amendment 72 #
2018/0050(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multi- annual plans are to be based on scientific, technical and economic advice. In accordance with those provisions, the multi-annual plan provided for in this Regulation should contain objectives, quantifiable targets with clear timeframes, conservation reference points, safeguards and technical measures designed to avoid and reduce unwanted catches and to minimise the impact on the marine environment.
Amendment 80 #
2018/0050(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The STECF has shown that exploitation of most demersal stocks in the western Mediterranean exceeds by far the levels required to achieve MSY, and that over-exploitation poses a high biological risk that those stocks will collapse.
Amendment 82 #
2018/0050(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Given their importanAs recreational fisheries can have a significant impact on fish resources, the plan provided for in this Regulation should cover recreational fisheries catching western Mediterranean demersal stocks. Where such fisheries have a significant impact on stocks, the multi-annual plan provided for by this Regulatiomultiannual plan should provide a framework to ensure that they are conducted in a manner compatible with the objectives of that plan. Member States should collect catch data of recreational fisheries. Where such fisheries have a significant impact on those resources, the plan should provide for the possibility ofto decide on specific management measures.
Amendment 84 #
2018/0050(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The objective of the plan provided for in this Regulation should be to contribute to the achievement of the CFP, and in particular, reachstoring and maintaining fish stocks above levels of biomass capable of producing MSY for the target stocks, implementing the landing obligation for demersal stocks subject to minimum conservation reference size, and promoting a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio- economic aspects. It should also implement the ecosystem-based approach to fisheries management in order to minimisby reducing, and when possible eliminating, the negative impaeffects of fishing activities oin the marine ecosystem. It should be coherent with the Union’s environmental legislation, in particular the objective of achieving good environmental status by 2020 (in accordance withnvironment. That plan should also contribute to the achievement of good environmental status, as laid down in Directive 2008/56/EC28 ), and to the objectives of Directive 2009/147/ECachievement of favourable conservation status for habitats and species as required by Directive 2009/147/EC of the European Parliament and of the Council29 and the Council Directive 92/43/EEC30 respectively. _________________ 28 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19) 29 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 30 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
Amendment 90 #
2018/0050(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to achieve the objectives established in Article 2(2) of Regulation (EU)No 1380/2013, it is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY, but not exceeding MSY exploitation rate, as ranges of values which are consistent with achieving MSY (i.e. FMSY). Those rates should be achieved as soon as possible and, on a progressive, incremental basis at the latest by 2020 for all stocks to which this Regulation applies, and maintained thereafter. Those ranges, based on best available scientific advice, are necessary to provide flexibility to take account of developments in the scientific advice, contribute to the implementation of the landing obligation and accommodate mixed fisheries. Based on this plan, they are derived to deliver no more than 5 % reduction in the long-term yield as compared with MSY. In addition, the upper limit of the FMSY range is capped with the aim that the probability of the stock falling below the biomass limit reference point (BLIM) is no more than 5 %.
Amendment 93 #
2018/0050(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 110 #
2018/0050(COD)
Proposal for a regulation
Recital 28a (new)
Recital 28a (new)
(28a) In order to protect sensitive species, in particular those critically endangered due to fishing impacts, management measures should be applied to fisheries. Therefore, the plan provided for in this Regulation should establish management measures including modification of vessels gears, modification of vessels activities, and modifications of the vessels.
Amendment 114 #
2018/0050(COD)
(31a) Furthermore, the Commission should continue to be empowered, in a multiannual plan, to establish sensitive protected areas for the recovery of fish stocks, in accordance with Article 8 of Regulation (EU) No 1380/2013.
Amendment 142 #
2018/0050(COD)
Proposal for a regulation
Article 1 – paragraph 4a (new)
Article 1 – paragraph 4a (new)
4a. This Regulation also specifies details for the implementation of minimising the impact of fisheries on the marine environment, in particular the incidental catches of protected species, in Union waters of the western Mediterranean Sea for all fisheries fishing in those waters.
Amendment 155 #
2018/0050(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The plan shall contribute to the achievement of the objectives of the common fisheries policy, as listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY. The maximum sustainable yield exploitation rates shall be achieved as soon as possible and on a progressive, incremental basis by 2020 at the latest, for all stocks to which this Regulation applies, and maintained thereafter.
Amendment 163 #
2018/0050(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem, and in particular on vulnerable habitats and protected species, including marine mammals, reptiles and seabirds, are minimised. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC and the objectives set out in Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Council Directive 92/43/EEC.
Amendment 166 #
2018/0050(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) contribute to the fulfilment of other relevant descriptors contained in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilment and ensure that negative impacts of fishing on the marine environment are minimised, in particular regarding vulnerable habitats and protected species, including marine mammals, reptiles and seabirds.
Amendment 177 #
2018/0050(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 184 #
2018/0050(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where the scientific advice shows that the spawning biomass of any of the stocks concerned is below the precautionary reference point (BPA), remedial measures shall be adopted to ensure the rapid return of the stocks concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(3) and (5), fishing opportunities shall be set at levels not exceeding the exploitation rate consistent with maximum sustainable yield and consistent with a fishing mortality that is reduced within the range of FMSY for the most vulnerable stock, taking into account the decrease in biomass.
Amendment 195 #
2018/0050(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each year, in accordance with the best available scientific advice, the Council shall set a maximum allowable fishing effort for each effort group by Member State.
Amendment 202 #
2018/0050(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. For the first year of implementation of the plan, the maximum allowable fishing effort shall be substantially reduced from the baseline provided for in paragraph 4, in accordance with the best available scientific advice.
Amendment 210 #
2018/0050(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. Where the best available scientific advice shows significant catches of a particular stock with fishing gears other than trawls, fishing effort levels shall be set for such particular gear or gears on the basis of such scientific advice.
Amendment 216 #
2018/0050(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Where the best available scientific advice shows that recreational fisheries have a significant impact on the fishing mortality of a particular stock, the Council may limit recreational fisheries when setting fishing opportunities in order to avoid exceeding the total target of fishing mortality.
Amendment 243 #
2018/0050(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In addition to what is provided for by Article 13 of Council Regulation (EC) No 1967/2006, the use of trawls in the western Mediterranean Sea shall be prohibited within at least the 100 m isobaths from 1 May to 31 July each year.
Amendment 248 #
2018/0050(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within two years of the adoption of this Regulation and on the basis of the scientific advice, the Member States concerned shall establish other closure areas where there is evidence of a high heavy concentrations of juvenile fish, fish below minimum conservation reference size and of spawning grounds of demersal stocks, in particular for the stocks concerned.
Amendment 255 #
2018/0050(COD)
Proposal for a regulation
Article 12a (new)
Article 12a (new)
Article 12a Management of incidental catches of protected species 1. For the management of protected seabirds that are impacted by fishing in the western Mediterranean Sea, management measures shall be adopted for all longline vessels, including applying scaring devices on-board vessels, setting the nets at night, and increasing the sink rate of the hooks. 2. Where Member States do not implement management measures to protect species and habitats in the western Mediterranean Sea on which fishing has an impact, the Commission is empowered to adopt delegated acts, in accordance with Article 18, supplementing this Regulation by adopting detailed management measures.
Amendment 261 #
2018/0050(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) specifying the characteristics of fishing gear, in particular mesh size, hook size, number of hooks, construction of the gear, twine thickness, size of the gear or use of additional devices to improve selectivity, to reduce unwanted catches and to minimise the negative impact of fishing operations on the ecosystem;
Amendment 263 #
2018/0050(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) limiting the use of fishing gear, in particular immersion time and depth of gear deployment, or application of technical measures, so as to improve s electivity; , to reduce unwanted catches and to minimise the negative impact of fishing operations on the ecosystem;
Amendment 267 #
2018/0050(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) prohibiting or limiting fishing in specific areas or time periods to protect spawning and juvenile fish, fish below the minimum conservation reference size or non-target fish species, and to minimise the negative impact of fishing operations on the ecosystem;
Amendment 269 #
2018/0050(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) prohibiting or limiting fishing in specific areas or time periods to protect vulnerable ecosystems and species, and to minimise the negative impact of fishing operations on the ecosystem;
Amendment 288 #
2018/0050(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. FiveTwo years after the date of entry into force of this Regulation and every fivthree years thereafter, the Commission shall report to the European Parliament and to the Council on the results and the impact of the plan on the stocks to which this Regulation applies and on the fisheries exploiting those stocks, in particular as regards the achievement of the objectives set out in Article 3.
Amendment 1 #
2017/2278(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the voluntary instrument of Green Public Procurement (GPP),
Amendment 6 #
2017/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas public procurement is a strategic tool used to achieve the EU’s goals of green and socially inclusive growth;
Amendment 9 #
2017/2278(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas, when it comes to the transposition of EU rules on public procurement and concessions, the full transposition and implementation of EU law is essential to make it easier and cheaper for small and medium-sized enterprises to bid for public contracts, in full respect of the EU’s principles of transparency and competition;
Amendment 13 #
2017/2278(INI)
Motion for a resolution
Recital E
Recital E
E. whereas according to 2016 data, it appears thatthe Commission communication from 2016, only four Member States relyied on digital technologies for all major steps in public procurement, such as e-notification, e- access to tender documents, e-submission, e-evaluation, e-award, e-ordering, e- invoicing and e-payment;
Amendment 14 #
2017/2278(INI)
Motion for a resolution
Recital F
Recital F
F. whereas according to the European Semester thematic fact sheet on public procurement of November 2017, the number of tender procedures with only one bid increased from 14 % to 29 % for the period 2006--2016, and whereas, according to the Commission communication, ‘SMEs win only 45 % of the value of public contracts above EU thresholds, clearly below their weight in the economy’;
Amendment 19 #
2017/2278(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas public procurement can provide an important demand-side stimulus to the uptake and production of low- and zero-emission vehicles and hence contribute to reducing overall transport emissions;
Amendment 22 #
2017/2278(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes, almost four years after the extensive revision of the Union public procurement legislative framework was concluded, the set of non-legislative measures proposed by the Commission and hopeexpects that this will create impetus for better implementation;
Amendment 23 #
2017/2278(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is disappointed by the pace at which many Member States have transposed the 2014 directives in the area of public procurement, and by the many delays, and regrets the fact that the Commission had to initiate the infringement procedure for a small number of Member Statessome Member States when it comes to enforcing the acquis on the single market, industry, entrepreneurship and SMEs, which are supposed to lead to a deeper and fairer internal market with a strengthened industrial base;
Amendment 28 #
2017/2278(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned about the delays that have occurred in the transposition of the 2014 directives in some Member States, and calls on the Member States to avoid measures that increase the amount of bureaucracy in order to guarantee a fair single public procurement market;
Amendment 42 #
2017/2278(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the current Union legislation, more than ever, allows for public procurement to be used as a strategic instrument to promote policy goals, and encourages the Member States to get the most that they can out of it; recalls that at regional and local level as well, public procurement is an important tool to respond to regional and local strategies, which are environmentally and socially sustainable;
Amendment 46 #
2017/2278(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for the extensive use of innovative procurement to implement green and socially inclusive growth;
Amendment 49 #
2017/2278(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to use public procurement strategically in order to promote an innovative, sustainable, circular and socially responsible economy, as well as innovation,which promotes SME growth and competition; underlines that this requires Member States to signal such policies at the highest level and support, to this end, procurers and practitioners in the public administration;
Amendment 62 #
2017/2278(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that many Member States have made provisions for accepting the most economically advantageous tender (MEAT) and encourages its systematic application; highlights the importance of green criteria in MEAT;
Amendment 67 #
2017/2278(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. While acknowledging that in some cases the low price reflects innovative solutions and efficient management, is concerned about the excessive use of the lowest price as athe main award criterion without commensurate reflection of other criteria in a number of Member States and therefore calls on the Commission and the Member States to analyse the reason behind this situation;
Amendment 81 #
2017/2278(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that, when applying LCC, public purchasers should take into account the costs of resource use, maintenance and disposal, which are not reflected in the purchase price, especially as there is an enormous potential for savings over the life-cycle of a good, work or service by savings on the use of energy, water and fuel, on maintenance and replacement as well as on disposal costs, among other things;
Amendment 83 #
2017/2278(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. NoteHighlights that innovative, socio- economic and environmental considerations are legitimateimportant award criteria in public procurement, but that contracting authorities can also pursue green, sustainable, innovative or social goals through well- thought-out specifications and by allowing variant offers; recalls the possibility of using quality criteria as the award criteria, e.g. in promoting locally produced food;
Amendment 89 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines that public procurement policies have an important role in fostering the procurement of agricultural products and foodstuffs from local producers, and calls on the Commission to propose measures to support short food supply chains and to assess their impact on the rural economy;
Amendment 92 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Notes the importance of financing in green transport infrastructure projects, e.g. infrastructure for alternative fuels, and cross-border cooperation between Member States; stresses that the award criteria for obtaining EU financing needs to include an obligation to demonstrate how the proposed project will contribute to achieving climate targets;
Amendment 93 #
2017/2278(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Welcomes the Commission’s proposal for revision of the Clean Vehicles Directive (amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles) and the inclusion of binding procurement targets for 2025 and 2030, which will increase the market uptake of low- and zero-emission vehicles and contribute to the Union’s drive towards low-emission mobility;
Amendment 98 #
2017/2278(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for more Member States to use the advantages of central purchasing and aggregation of public purchasing, and notes that Central Purchasing Bodies canould and should speed up dissemination of expertise, of best practices and of innovation;
Amendment 104 #
2017/2278(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Expresses concern over unfair competition within public procurement procedures as a result of state interference with third country competitors, in particular, but not limited, to the market for electric vehicles and batteries; considers that a linkage between trade defence instruments and public procurement practices is necessary;
Amendment 117 #
2017/2278(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Notes with regret a decrease in the intensity of competition in public procurement in the Union in recent years, and urges thparticularly those Member States recordingwith a high percentage of notices with only one bidder to address the problem by improving access to public procurement tenders;
Amendment 118 #
2017/2278(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges the Member States to increase joint procurement procedures, including cross-border, as facilitated by the revised EU rules, and askscalls on the Commission to provide technicalin-depth support in this field;
Amendment 120 #
2017/2278(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Regrets that SMEs are still facing difficulties in accessing public procurement, and calls on the Commission to assess the effectiveness, efficiency and quality of the measures provided by the 2014 directives and to come forward with new solutions if necessaryas soon as review procedures reveal the necessity of doing so;
Amendment 124 #
2017/2278(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to support SMEs’ participation in tenders, for example by mandatory division into lotprocurement markets, also beyond their national frontiers, for example by mandatory division into lots, placing a limit on the turnover required to participate in a tender procedure, a reduction in documentation requirements or the involvement of SMEs in prior market consultations; calls on the Commission and the Member States to develop advisory services and training for SMEs to ensure their better participation in tendering processes;
Amendment 129 #
2017/2278(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission to analyse in particular the impediments to cross- border public procurement resulting from language, legal or any other barriers, and to propose solutions or intervene in order to guarantee functional cross-border procurement;
Amendment 143 #
2017/2278(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Highlights the importance of transparency and the non-discriminatory nature of public procurement procedures; recalls the importance of having proper appeal procedures in place and the importance of having access to guidance on how to launch an appeal;
Amendment 61 #
2017/2271(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the EU-US relationship is the fundamental guarantor for global stability and has been the cornerstone of our efforts to ensure peace and stability for our societies since the end of the Second World War, and stronger multilateral economic cooperation and trade; believes that the ‘America first’ policy will harm the interests of both the EU and the US; stresses that protectionism should be avoided in the interest of all parties;
Amendment 128 #
2017/2271(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the ongoing and uninterrupted work of the TLD in fostering EU-US relations through parliamentary dialogue and coordination on issues of specific common interest, such as trade, security, economic and cultural issues; calls furthermore for a continued intensification of the dialogue and a strengthening of the transatlantic cooperation;
Amendment 218 #
2017/2271(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reiterates the need for the EU and the US to enhance their cooperation in the field of cybersecurity and defence as well as ICT-security and strengthening of safety efforts to protect critical infrastructure including advancing common standards and stimulating compatibility and interoperability;
Amendment 345 #
2017/2271(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Reiterates that we have sharedcommon interests in Africa where we must coordinate and intensify our support for good governance, democracy, human rights and security issueefforts regarding stable good governance with respect of democracy, economy with respect to internationally agreed standards for sustainability and the protection of the environment as well as regarding human rights and security issues on local, regional, and multinational levels;
Amendment 16 #
2017/2044(BUD)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls in particular that the EEA helps the Union to make informed decisions about improving the environment, integrating environmental considerations into economic policies and moving towards sustainability, and that in the context of the 2030 Union climate and energy policy, the Commission has proposed new work for the EEA on the Governance of the Energy Union, without any corresponding increase in the establishment table;
Amendment 59 #
2017/0043(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The common fisheries policy (CFP) should contribute toensure the protection of the marine environment, to and the sustainable management of all commercially exploited species, and in particularshould contribute to the achievement of good environmental status in the marine environment by 2020 in accordance with Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council.40 _________________ 40 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
Amendment 70 #
2017/0043(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Regionalisation should be used to create tailor-made measures that take into account the specificities of each fisheries area and safeguard their environmental conditions.
Amendment 71 #
2017/0043(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) Fishing opportunities should be allocated in accordance with the principles laid down in Article 17 of Regulation (EU) No 1380/2013, using transparent and objective criteria, including those of an environmental, social and economic nature. Fishing opportunities should also be fairly distributed across the various fisheries segments, including traditional and small- scale fisheries. Moreover, Member States should provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact.
Amendment 188 #
2017/0043(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Those remedial measures may also include, as appropriate, the submission of legislative proposals by the Commission and emergency measures adopted by the Commission under Article 12 of Regulation (EU) No 1380/2013.
Amendment 226 #
2017/0043(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 113 #
2016/2059(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of regional cooperation when building new LNG terminals and underlines that Member States with access to the sea should cooperate closely with landlocked countries; stresses that such cooperation mechanisms could streamline political and energy market co-operation and facilitate joint decisions on essential gas infrastructure investment in the regions; believes that knowledge and information could be developed jointly on issues such as energy storage facilities, and tendering processes for LNG and interconnectors;
Amendment 146 #
2016/2059(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for the prioritisation of developing LNG capacities and indigenous production in the Mediterranean countries and in South Eastern Europe, as well as interconnecting land-locked countries in Central Europe to these new capacities in order to diversify supply sources in these regions; notes that this will allow gas-on- gas competition and will replace imports of natural gas volumes under oil-indexed contracts thus increasing Member States bargaining power;
Amendment 162 #
2016/2059(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Supports the Commission’s ambition to provide more information and assistance to project promoters on various project financing options, such as the European Fund for Strategic Investments (EFSI), the Connecting Europe Facility (CEF), the European Regional Development Fund (ERDF) and on various technical solutions;. Stresses that the EFSI should function as a mechanism for turning infrastructure investment into a fully liquid asset class with bonds that can be pooled and traded on European and global markets; furthermore notes that Institutional investors such as insurers or pension funds, which are naturally disposed to making long-term investments in real assets, would be attracted only by standardised investment products and a solid project pipeline that can guarantee sound business cases.
Amendment 169 #
2016/2059(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that finding cost efficient solutions should be a key principle in reaching the EU and regional optimum and calls on the Commission, the Member States and national regulatory authorities to allocate the limited available resources to the development of critical infrastructure; so as to attract private investment for LNG infrastructure and interconnectors;
Amendment 244 #
2016/2059(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Considers that EU-US LNG trade would fully integrate the EU gas market into the global one and would contribute significantly to the completion of the Internal Energy Market;
Amendment 246 #
2016/2059(INI)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30b. Encourages the Commission to consider the Eastern Mediterranean and the Caspian Region as important case studies for its Energy Diplomacy given the opportunities for energy trade and available resources;
Amendment 1 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 1 – paragraph 2 – point 1
Annex I – Part I – point 1 – paragraph 2 – point 1
Directive 2009/31/EC
Article 29 – paragraph 1
Article 29 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 29a amending the Annexes, in order to adapt to technical and scientific progress.
Amendment 2 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 1 – paragraph 2 – point 2
Annex I – Part I – point 1 – paragraph 2 – point 2
Directive 2009/31/EC
Article 29a – paragraph 2
Article 29a – paragraph 2
2. The power to adopt delegated acts referred to in Article 29 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus]. period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 3 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 1 – paragraph 2 – point 3
Annex I – Part I – point 1 – paragraph 2 – point 3
Directive 2009/31/EC
Article 30
Article 30
(3) Article 30 is deleted. replaced by the following: “Article 30 Committee procedure 1. The Commission shall be assisted by the Climate Change Committee established by Article 26 of Regulation (EU) No 525/2013 of the European Parliament and of the Council*. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council**. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.” ___________________ * Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13). **Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 4 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 1
Annex I – Part I – point 2 – paragraph 1
In order to ensure the accurate accounting of transactions under Decision No 406/2009/EC and that Member States meet the Union’s greenhouse gas emission reduction commitments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Decision with requirements applicable to Member States' registries and the Central Administrator as regards the handling of transactions, and with annual emissions allocations for Member States. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 5 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 2
Annex I – Part I – point 2 – paragraph 2
Amendment 6 #
2016/0400(COD)
Proposal for a regulation
Annex I – part I – point 2 – paragraph 3
Annex I – part I – point 2 – paragraph 3
Amendment 7 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 1 – point a
Annex I – Part I – point 2 – paragraph 4 – point 1 – point a
Decision No 406/2009/EC
Article 3 – paragraph 2 – subparagraphs 4 and 5
Article 3 – paragraph 2 – subparagraphs 4 and 5
Amendment 8 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 1 – point b
Annex I – Part I – point 2 – paragraph 4 – point 1 – point b
Decision No 406/2009/EC
Article 3 – paragraph 6
Article 3 – paragraph 6
(b) in paragraph 6 is deleted, the second subparagraph is replaced by the following: “The Commission is empowered to adopt delegated acts in accordance with Article 12a to supplement this Decision by establishing the modalities for such transfers.”;
Amendment 9 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 2
Annex I – Part I – point 2 – paragraph 4 – point 2
Decision No 406/2009/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 12a concerning the application ofto supplement this Decision in order to ensure the accurate accounting in accordance with paragraphs 1 and 2 of this Article.
Amendment 10 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 3
Annex I – Part I – point 2 – paragraph 4 – point 3
Decision No 406/2009/EC
Article 12a
Article 12a
Article 12a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(2) and (6) and Article 11(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 3(2) and (6) and Article 11(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4 Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*. 5 As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(2) and (6) and Article 11(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. ___________________ * OJ L 123, 12.5.2016, p.1.
Amendment 11 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part I – point 2 – paragraph 4 – point 4
Annex I – Part I – point 2 – paragraph 4 – point 4
Decision No 406/2009/EC
Article 13 – paragraph 2
Article 13 – paragraph 2
(4) in Article 13, paragraph 2 is replaced by the following: “2 Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council* shall apply."deleted.
Amendment 12 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 1
Annex I – Part VI – point 53 – paragraph 1
In order to update Regulation (EC) No 1221/2009 and to establish evaluation procedures, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annexes to that Regulation and to supplement it with procedures for carrying out the peer evaluation of the EMAS Competent Bodies and to provide sectoral reference documents as well as guidance documents referring to registration of organisations and to harmonisation procedures. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 13 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 2
Annex I – Part VI – point 53 – paragraph 2
Amendment 14 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 1
Annex I – Part VI – point 53 – paragraph 3 – point 1
Regulation (EC) No 1221/2009
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
4. Guidance documents referring to harmonisation procedures approved by the Forum of Competent Bodies shall be adopted by the Commission by means of implementing acts. Those implementing acts shall bThe Commission is empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by establishing guidance adopted in accordance with the procedure referred to in Article 49(2)cuments on the harmonisation procedures approved by the Forum of Competent Bodies.
Amendment 15 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 –point 2
Annex I – Part VI – point 53 – paragraph 3 –point 2
Regulation (EC) No 1221/2009
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 48a concernto supplement this Regulation by establishing the procedures for carrying out the peer evaluation of the EMAS Competent Bodies, including appropriate appeals procedures against decisions taken as a result of the peer evaluation.
Amendment 16 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 3
Annex I – Part VI – point 53 – paragraph 3 – point 3
Regulation (EC) No 1221/2009
Article 30 – paragraph 6 – subparagraph 1
Article 30 – paragraph 6 – subparagraph 1
6. The Commission shall adopt guidance documents referring to harmonisation procedures approved by the Forum of the Accreditation and Licensing Bodies by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 49(2)is empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by establishing guidance documents on the harmonisation procedures approved by the Forum of the Accreditation and Licensing Bodies.
Amendment 17 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 4
Annex I – Part VI – point 53 – paragraph 3 – point 4
Regulation (EC) No 1221/2009
Article 46 – paragraph 6
Article 46 – paragraph 6
6. The Commission shallis empowered to adopt delegated acts in accordance with Article 48a to supplement this Regulation by adopting the sectoral reference documents referred to in paragraph 1 and the guide referred to in paragraph 4 by means of implementing acts in accordance with the procedure referred to in Article 49(2).
Amendment 18 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VI – point 53 – paragraph 3 – point 6
Annex I – Part VI – point 53 – paragraph 3 – point 6
Regulation (EC) No 1221/2009
Article 48a
Article 48a
Article 48a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 17(36(4), Article 17(3), Article 30(6), Article 46(6) and Article 48 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 17(36(4), Article 17(3), Article 30(6), Article 46(6) and Article 48 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 17(36(4), Article 17(3), Article 30(6), Article 46(6) and Article 48 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. _______________ * OJ L 123, 12.5.2016, p. 1.
Amendment 19 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 4
Annex I – Part VII – point 59 – paragraph 4
In order to ensure uniform conditions for the implementation of Regulation (EC) No 2150/2002 concerning the production of results, the appropriate format for the transmission of results and the contentstructure and modalities of the quality reports implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 20 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 1
Annex I – Part VII – point 59 – paragraph 5 – point 1
Regulation (EC) No 2150/2002
Article 1 – paragraph 5
Article 1 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 5b concerning theto supplement this Regulation by establishment ofing a table of equivalence between the statistical nomenclature of Annex III to this Regulation and the list of waste established by Commission Decision 2000/532/EC.* ____________________ * Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).
Amendment 21 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 2 – point a
Annex I – Part VII – point 59 – paragraph 5 – point 2 – point a
Regulation (EC) No 2150/2002
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 5b concerning theto supplement this Regulation by definitiong the quality and accuracy conditions.
Amendment 22 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 4
Annex I – Part VII – point 59 – paragraph 5 – point 4
Regulation (EC) No 2150/2002
Article 5a – paragraph 1
Article 5a – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 5b concerning theto amend this Regulation by adjustmening it to economic and technical developments in the collection and statistical processing of data, as well as the processing and the transmission of results and theby adaptation ofing the specifications listed in the Annexes.
Amendment 23 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 4
Annex I – Part VII – point 59 – paragraph 5 – point 4
Regulation (EC) No 2150/2002
Article 5b – paragraph 2
Article 5b – paragraph 2
2. The power to adopt delegated acts referred to in Article 1(5), Article 3(1) and (4), and Article 5a), shall be conferred on the Commission for an indeterminate period of time from [[date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 24 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part VII – point 59 – paragraph 5 – point 5
Annex I – Part VII – point 59 – paragraph 5 – point 5
Regulation (EC) No 2150/2002
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the contentstructure and modalities of the quality reports as referred to in Section 7 of Annex I and Section 7 of Annex II.
Amendment 25 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 1 – second indent
Annex I – Part IX – point 91 – paragraph 1 – second indent
- to amend the Annexes to that Regulation in certain cases;
Amendment 26 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 3 – point 1
Annex I – Part IX – point 91 – paragraph 3 – point 1
Regulation (EC) No 1907/2006
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 131a to supplement Regulation (EC) No 1907/2006 by laying down test methods.
Amendment 27 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 3 – point 2
Annex I – Part IX – point 91 – paragraph 3 – point 2
Regulation (EC) No 1907/2006
Article 41 – paragraph 7
Article 41 – paragraph 7
7. The Commission is empowered to adopt delegated acts in accordance with Article 131a, after consulting with the Agency, to amend this Regulation by varying the percentage of dossiers selected and to amendby updating or includeing further criteria in paragraph 5.
Amendment 28 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 3 – point 4 a (new)
Annex I – Part IX – point 91 – paragraph 3 – point 4 a (new)
Regulation (EC) No 1907/2006
Article 73 – paragraph 2
Article 73 – paragraph 2
Amendment 29 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 91 – paragraph 3 – point 6
Annex I – Part IX – point 91 – paragraph 3 – point 6
Regulation (EC) No 1907/2006
Article 131a
Article 131a
Article 131a Exercise of the Delegation 1. The power to adopt delegated acts conferred on the Commission is subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 131 and Article 138(9) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 73(2), Article 131 and Article 138(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 183 6. A delegated act adopted pursuant to Article 13(2) and (3), Article 41(7), Article 58(1) and (8), Article 68(1) and (2), Article 73(2), Article 131 and Article 138(9) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. _____________________ * OJ L 123, 12.5.2016, p.1.;
Amendment 30 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 1 a (new)
Annex I – Part IX – point 99 – paragraph 1 a (new)
In addition, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty to supplement this Regulation by authorising derogations from the prohibition on animal testing, in case a serious concern arises as regards the safety of an existing cosmetics ingredient.
Amendment 31 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 3
Annex I – Part IX – point 99 – paragraph 3
Amendment 32 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 4 – point 6
Annex I – Part IX – point 99 – paragraph 4 – point 6
Regulation (EC) No 1223/2009
Article 18 – paragraph 2 – subparagraph 9
Article 18 – paragraph 2 – subparagraph 9
The measures referred to in the sixth subparagraph shall be adopted by means of implementing acts. Those implementing acts shallCommission is empowered to adopt delegated acts in accordance with Article 31a by supplementing this Regulation bey adopted in accordance with the procedure referred to in Article 32(2)uthorising the derogation referred to in the sixth subparagraph.
Amendment 33 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 4 – point 7
Annex I – Part IX – point 99 – paragraph 4 – point 7
Regulation (EC) No 1223/2009
Article 20 – paragraph 2 – subparagraph 2
Article 20 – paragraph 2 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 31a to supplement this Regulation by establishing a list of common criteria for claims which may be used in respect of cosmetic products, after consulting the SCCS or other relevant authorities and taking into account the provisions of Directive 2005/29/EC.
Amendment 34 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part IX – point 99 – paragraph 4 – point 9
Annex I – Part IX – point 99 – paragraph 4 – point 9
Regulation (EC) No 1223/2009
Article 31a
Article 31a
Article 31a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16(8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (3), may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 2(3), Article 13(8), Article 14(2), Article 15(1) and (2), Article 16 (8) and (9), Article 18(2), Article 20(2) and Article 31(1), (2) and (3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. _____________________ * OJ L 123, 12.5.2016, p.1.;
Amendment 35 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 1
Annex I – Part XII – point 143 – paragraph 1
In order to achieve the objectives of Directive 2002/46/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Directive in order to adapt those Annexes to technical progress and to supplement that Directive as regards the purity criteria for substances listed in Annex II thereto, and the minimum and maximum amounts of vitamins and minerals that are to be present in food supplements. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 36 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 2
Annex I – Part XII – point 143 – paragraph 2
Amendment 37 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 3 – point 2
Annex I – Part XII – point 143 – paragraph 3 – point 2
Directive 2002/46/EC
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 12a: (a) setting the minimum amounts of vitamins and minerals referred to in paragraph 3 of this Article. The Commission shall set; (b) setting the maximum amounts of vitamins and minerals referred to in paragraphs 1 and 2 of this Article by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 13(2).
Amendment 38 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 3 – point 3
Annex I – Part XII – point 143 – paragraph 3 – point 3
Directive 2002/46/EC
Article 12 – paragraph 3
Article 12 – paragraph 3
(3) in Article 12, paragraph 3 is deleted;replaced by the following: “In order to remedy the difficulties mentioned in paragraph 1 and to ensure the protection of human health, the Commission is empowered to adopt delegated acts in accordance with Article 12a, to supplement this Directive. The Member State that has adopted safeguard measures may in that event retain them until those delegated acts have been adopted.”
Amendment 39 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 143 – paragraph 3 – point 4
Annex I – Part XII – point 143 – paragraph 3 – point 4
Article 12a 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4(2) and (5), Article 5(4), and Article 5(4)12(3), shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus]. period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period 3. The delegation of power referred to in Article 4(2) and (5), and Article 5(4) and Article 12(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.” 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-Institutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 4(2) and (5), Article 5(4), and Article 12(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. _______________________ * OJ L 123, 12.5.2016, p. 1.
Amendment 40 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 144 – paragraph 2
Annex I – Part XII – point 144 – paragraph 2
Amendment 41 #
2016/0400(COD)
Proposal for a regulation
Annex I – part XII – point 144 – paragraph 3 – point 1
Annex I – part XII – point 144 – paragraph 3 – point 1
Directive 2002/98/EC
Article 27a – paragraph 2
Article 27a – paragraph 2
2. The power to adopt delegated acts referred to in the first and third paragraphs of Article 29 shall be conferred for an indeterminate period of time from [date of entry into force of this omnibus] period of five years from [date of entry into force of this omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 42 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point a
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point a
Directive 2002/98/EC
Article 29 – paragraph 1
Article 29 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 27a concerning amendments toto amend the technical requirements set out in Annexes I to IV in order to adapt them to technical and scientific progress.
Amendment 43 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point b
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point b
Directive 2002/98/EC
Article 29 – paragraph 2 – point i
Article 29 – paragraph 2 – point i
Amendment 44 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point d
Annex I – Part XII – point 144 – paragraph 3 – point 3 – point d
Directive 2002/98/EC
Article 29 – paragraph 5
Article 29 – paragraph 5
Amendment 45 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 146 – paragraph 2 – point 2
Annex I – Part XII – point 146 – paragraph 2 – point 2
Directive 2003/99/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
1. If data collected through routine monitoring in accordance with Article 4 are not sufficient, the Commission is empowered to adopt delegated acts in accordance with Article 11a, to supplement this Directive by laying down coordinated monitoring programmes concerning one or more zoonoses or zoonotic agents. Those delegated acts shall be adopted especially when specific needs are identified and when there is need to assess risks or to establish baseline values related to zoonoses or zoonotic agents at the level of Member States or at Union level.
Amendment 46 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 146 – paragraph 2 – point 3
Annex I – Part XII – point 146 – paragraph 2 – point 3
Directive 2003/99/EC
Article 11
Article 11
(3) in Article 11, the first and second paragraphs are replaced by the following: is replaced by the following: “Article 11 Amendments to the Annexes and implementing measures The Commission is empowered to adopt delegated acts in accordance with Article 11a to amend Annexes II, III and IV, taking account in particular of the following criteria: (a) the occurrence of zoonoses, zoonotic agents and antimicrobial resistance in animal and human population, feed, food and the environment, (b) the availability of new monitoring and reporting tools, (c) the needs required for the assessment of trends at national, European or global level. Other implementing measures may be adopted in accordance with the regulatory procedure referred to in Article 12(2).
Amendment 47 #
2016/0400(COD)
In order to achieve the objectives of Regulation (EC) No 1829/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend the Annex to that Regulation in order to adapt to technical progress and to supplement that Regulation by determining which food and feed falls within the scope of different sections of the Regulation, by establishing appropriate lower thresholds for GMO presence in food and feed, below which the labelling requirements do not apply, subject to certain conditions, by establishing measures for operators to satisfy the competent authorities, measures necessary for operators to comply with the labelling requirements and by establishing specific rules concerning the information to be given by mass caterers providing food to the final consumer.
Amendment 48 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 3
Annex I – Part XII – point 147 – paragraph 3
In order to ensure uniform conditions for the implementation of Regulation (EC) No 1829/2003, implementing powers should be conferred on the Commission concerning measures for operators to satisfy the competent authorities, measures necessary for operators to comply with the labelling requirements and rules to facilitate the uniform application of certain provisions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 49 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 –point 1
Annex I – Part XII – point 147 – paragraph 4 –point 1
Regulation (EC) No 1829/2003
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission may decide, by means of implementing acts, whether a type of food falls within the scope of this Section. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2)is empowered to adopt delegated acts in accordance with Article 34a to supplement this Regulation by determining whether a type of food falls within the scope of this Section.
Amendment 50 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 – point 2
Annex I – Part XII – point 147 – paragraph 4 – point 2
Regulation (EC) No 1829/2003
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing appropriate lower thresholds, in particular in respect of foods containing or consisting of GMOs, or taking account of advances in science and technology.
Amendment 51 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 –point 3
Annex I – Part XII – point 147 – paragraph 4 –point 3
Regulation (EC) No 1829/2003
Article 14
Article 14
Article 14 Delegated and implementing powers 1. The Commission is empowered to adopt delegated acts, in accordance with Article 34a, adoptingto supplement this Regulation by establishing: (a) measures necessary for operators to satisfy the competent authorities as referred to in Article 12(3); (b) measures necessary for operators to comply with the labelling requirements set out in Article 13; (c) specific rules concerning the information to be given by mass caterers providing food to the final consumer. In order to take account of the specific situation of mass caterers, such rules may provide for adaptation of the requirements set out in Article 13(1)(e). 2. The Commission may adopt, by means of implementing acts: (a) measures necessary for operators to satisfy the competent authorities as referred to in Article 12(3); (b) measures necessary for operators to comply with the labelling requirements set out in Article 13; (c) detailed rules to facilitate the uniform application of Article 13 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).
Amendment 52 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 – point 4
Annex I – Part XII – point 147 – paragraph 4 – point 4
Regulation (EC) No 1829/2003
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Commission may decide, by means of implementing acts, whether a type of feed falls within the scope of this Section. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2)is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by determining whether a type of feed falls within the scope of this Section.
Amendment 53 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 – point 5
Annex I – Part XII – point 147 – paragraph 4 – point 5
Regulation (EC) No 1829/2003
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission is empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing appropriate lower thresholds, in particular in respect of feed containing or consisting of GMOs, or taking account of advances in science and technology.
Amendment 54 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 – point 6
Annex I – Part XII – point 147 – paragraph 4 – point 6
Article 26 IDelegated and implementing powers 1. The Commission may adopt, by means of implementing actsis empowered to adopt delegated acts, in accordance with Article 34a, to supplement this Regulation by establishing: (a) measures necessary for operators to satisfy the competent authorities as referred to in Article 24(3); (b) measures necessary for operators to comply with the labelling requirements set out in Article 25; (c). 2. The Commission may adopt detailed rules to facilitate the uniform application of Article 25 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 35(2).
Amendment 55 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 147 – paragraph 4 –point 8
Annex I – Part XII – point 147 – paragraph 4 –point 8
Regulation (EC) No 1829/2003
Article 34a
Article 34a
Article 34a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(2), Article 12(4), Article 14(1a), Article 24(4), Article 15 (2), Article 24(4), Article 26 (1) and Article 32, sixth paragraph, shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegations of power referred to in Article 3(2), Article 12(4), Article 14(1a), Article 24(4), Article 15(2), Article 24(4), Article 26(1) and Article 32, sixth paragraph, 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(2), Article 12(4), Article 14(1a), Article 24(4), Article 15(2), Article 24(4), Article 26(1) or Article 32, sixth paragraph, shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. ________________________ * OJ L 123, 12.5.2016, p.1.
Amendment 56 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 1
Annex I – Part XII – point 151 – paragraph 1
In order to achieve the objectives of Regulation (EC) No 2160/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I, II and III to that Regulation and to supplement that Regulation as regards the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents, specific control methods, specific rules on criteria relating to imports from third countries, the responsibilities and tasks of the Union reference laboratories and, for approving methods for testing, and as regards certain responsibilities and tasks of the national reference laboratories. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 57 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 2
Annex I – Part XII – point 151 – paragraph 2
Amendment 58 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 –paragraph 3 – point 1 – point a
Annex I – Part XII – point 151 –paragraph 3 – point 1 – point a
Regulation (EC) No 2160/2003
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 13a concerning the Union targets for the reduction of the prevalence of zoonoses and zoonotic agents listed in Annex I, column 1, in the animal populations listed in Annex I, column 2, to supplement this Regulation, taking account, in particular, of:
Amendment 59 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 3
Annex I – Part XII – point 151 – paragraph 3 – point 3
Regulation (EC) No 2160/2003
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts, to supplement this Regulation, in accordance with Article 13a concerning:
Amendment 60 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 4
Annex I – Part XII – point 151 – paragraph 3 – point 4
Regulation (EC) No 2160/2003
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Without prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, by establishing the rules concerning the setting by Member States of the criteria referred to in Article 5(5) and in paragraph 2of this Article.
Amendment 61 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 5
Annex I – Part XII – point 151 – paragraph 3 – point 5
Regulation (EC) No 2160/2003
Article 10 – paragraph 5
Article 10 – paragraph 5
The authorisation may be withdrawn in accordance with the same procedure. and, wWithout prejudice to Article 5(6), the Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, establishing specific rules concerning such criteria.
Amendment 62 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 6 – point a
Annex I – Part XII – point 151 – paragraph 3 – point 6 – point a
Regulation (EC) No 2160/2003
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, by laying down the responsibilities and tasks of the Union reference laboratories, in particular with regard to coordination of their activities and those of the national reference laboratories.
Amendment 63 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 6 – point b
Annex I – Part XII – point 151 – paragraph 3 – point 6 – point b
Regulation (EC) No 2160/2003
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, by laying down certain responsibilities and tasks of the national reference laboratories, in particular with regard to coordination of their activities and those of the relevant laboratories in the Member States designated under Article 12(1)(a).
Amendment 64 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 7
Annex I – Part XII – point 151 – paragraph 3 – point 7
Regulation (EC) No 2160/2003
Article 12 – paragraph 3 – third subparagraph
Article 12 – paragraph 3 – third subparagraph
Amendment 65 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 8
Annex I – Part XII – point 151 – paragraph 3 – point 8
Regulation (EC) No 2160/2003
Article 13
Article 13
Article 13 Implementing measures The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, by amending elements concerning the relevant health certificates. Other implementing or transitional measures may be adopted in accordance with the regulatory procedure referred to in Article 14(2).
Amendment 66 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 151 – paragraph 3 – point 9
Annex I – Part XII – point 151 – paragraph 3 – point 9
Regulation (EC) No 2160/2003
Article 13a
Article 13a
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4), Article 12(3) the third subparagraph, and Article 13 shall be conferred for an indeterminate period of time from [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of powers referred to in Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), 11(2) and (4), Article 12(3) the third subparagraph, and Article 13 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. 4. Before adapting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better- Law-making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(1), (6), and (7), Article 5(6), Article 8(1), Article 9(4), Article 10(5), Article 11(2) and (4), Article 12(3) the third subparagraph, and Article 13 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. ________________________ * OJ L 123, 12.5.2016, p.1.";
Amendment 67 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 1
Annex I – Part XII – point 152 – paragraph 1
In order to achieve the objectives of Directive 2004/23/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement that Directive with traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality, to establish procedures for ensuring traceability and for verifying the equivalent standards of quality and safety of imported tissues and cells, and to supplement that Directive with certain technical requirements. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 68 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 2
Annex I – Part XII – point 152 – paragraph 2
Amendment 69 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 1
Annex I – Part XII – point 152 – paragraph 3 – point 1
5. The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive, by establishing traceability requirements for tissues and cells, as well as for products and materials coming into contact with those tissues and cells and having an effect on their quality and safety, as well as by establishing the procedures for ensuring traceability at Union level.
Amendment 70 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 1
Annex I – Part XII – point 152 – paragraph 3 – point 1
Directive 2004/23/EC
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 71 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 2
Annex I – Part XII – point 152 – paragraph 3 – point 2
Directive 2004/23/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission shallis empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive, by establishing the procedures for verifying the equivalent standards of quality and safety in accordance with paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 29(2).
Amendment 72 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 3
Annex I – Part XII – point 152 – paragraph 3 – point 3
Directive 2004/23/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 28a to supplement this Directive with respect to the technical requirements referred to in points (a) to (i) of the first paragraph.
Amendment 73 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 152 – paragraph 3 – point 4
Annex I – Part XII – point 152 – paragraph 3 – point 4
Directive 2004/23/EC
Article 28a
Article 28a
Article 28a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 8(5), Article 9(4), and in the second paragraph of Article 28 shall be conferred for an indeterminate period of time from the [date of entry into force of this omnibus] period of five years from the [date of entry into force of this omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 8(5), Article 9(4), and in the second paragraph of Article 28 may be revoked at any time by the European Parliament or by the Council. A decision of revocation 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 8(5), Article 9(4), and in the second paragraph of Article 28 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. ________________________ * OJ L 123, 12.5.2016, p.1.";
Amendment 74 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 153 – paragraph 2 – point 1
Annex I – Part XII – point 153 – paragraph 2 – point 1
Regulation (EC) No 852/2004
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. The Commission is empowered to adopt delegated acts in accordance with Article 13a adoptingto supplement this Regulation by laying down the specific hygiene measures referred to in paragraph 3, in particular concerning:
Amendment 75 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 153 – paragraph 2 – point 2
Annex I – Part XII – point 153 – paragraph 2 – point 2
Regulation (EC) No 852/2004
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) by a delegated act that the Commission is empowered to adopt in accordance with Article 13a to supplement this Regulation.
Amendment 76 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 153 – paragraph 2 – point 4
Annex I – Part XII – point 153 – paragraph 2 – point 4
Regulation (EC) No 852/2004
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this regulation by granting derogations from Annexes I and II , in particular to facilitate the implementation of Article 5 for small businesses, taking into account the relevant risk factors and provided that such derogations do not affect the achievement of the following objectives of this Regulation: (a) to facilitate the implementation of Article 5 for small businesses; (b) to establishments producing, handling or processing raw material which is intended for the production of highly refined food products which have undergone a treatment ensuring its safety.
Amendment 77 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 153 – paragraph 2 – point 6
Annex I – Part XII – point 153 – paragraph 2 – point 6
Regulation (EC) No 852/2004
Article 13a
Article 13a
Article 13a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) shall be conferred for an indeterminate period of time from [date of entry into force of this Omnibus]. period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of powers referred to in Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) 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. 4. Before adapting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better- Law-making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6; A delegated act adopted pursuant to Article 4(4), Article 6(3)(c), Article 12 and Article 13(1) and (2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. __________________ * OJ L 123, 12.5.2016, p.1.;
Amendment 78 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 155 – paragraph 2 – point 2
Annex I – Part XII – point 155 – paragraph 2 – point 2
Regulation (EC) No 854/2004
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts to supplement this Regulation, in accordance with Article 18a granting derogations from Annexes I,II, III, IV, V and VI them, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the following objectives of this Regulation, in order to:
Amendment 79 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 155 – paragraph 2 – point 3 – point a
Annex I – Part XII – point 155 – paragraph 2 – point 3 – point a
Regulation (EC) No 854/2004
Article 18 – introductory part
Article 18 – introductory part
Without prejudice to the general application of Article 16 and Article 17(1), the Commission may lay down the following measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 12(2):";is empowered to adopt delegated acts to supplement this Regulation in accordance with Article 18a to lay down the following measures:
Amendment 80 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 155 – paragraph 2 – point 4
Annex I – Part XII – point 155 – paragraph 2 – point 4
Regulation (EC) No 854/2004
Article 18a
Article 18a
Article 18a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 17(1) and (2) and in Article 18 shall be conferred for an indeterminateon the Commission for a period of timefive years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of powers referred to in Article 17(1) and (2) and in Article 18 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. 4. Before adapting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better- Law-making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant Article 17(1) and (2) and in Article 18 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. __________________ * OJ L 123, 12.5.2016, p.1.
Amendment 81 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 1 – intend 5 a (new)
Annex I – Part XII – point 158 – paragraph 1 – intend 5 a (new)
- the adoption of the Union list of permitted health claims other than those referring to the reduction of disease risk and to children's development and health and their conditions of use, any changes or any additions to that list, and as regards final decisions on applications for authorisations of claims.
Amendment 82 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 3
Annex I – Part XII – point 158 – paragraph 3
Amendment 83 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 1 – point a
Annex I – Part XII – point 158 – paragraph 4 – point 1 – point a
Regulation (EC) No 1924/2006
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
In the case of non-prepackaged foodstuffs (including fresh products such as fruit, vegetables or bread) put up for sale to the final consumer or to mass caterers and foodstuffs packed at the point of sale at the request of the purchaser or pre-packaged with a view to immediate sale, Article 7 and Article 10(2)(a) and (b) shall not apply. The Commission is empowered to adopt delegated acts in accordance with Article 24a, to supplement this Regulation, concerning the labelling information for those non-prepackaged foodstuffs. National provisions may apply until the eventual adoption of those delegated acts.
Amendment 84 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 1 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 1 – point b
Regulation (EC) No 1924/2006
Article 1 – paragraph 4
Article 1 – paragraph 4
4. For generic descriptors (denominations) which have traditionally been used to indicate a particularity of a class of foods or beverages which could imply an effect on human health, food business operators concerned may apply for a derogation from paragraph 3. The application shall be sent to the national competent authority of a Member State which will forward it to the Commission without delay. The Commission shall adopt and make public the rules for food business operators according to which such applications shall be made, so as to ensure that the application is dealt with transparently and within a reasonable time. The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, concerning derogations from paragraph 3.
Amendment 85 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 2 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 2 – point b
Regulation (EC) No 1924/2006
Article 3 – paragraph 2a (new)
Article 3 – paragraph 2a (new)
The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, by derogating from point (d) of the second subparagraph of this Article in the case of nutrients for which sufficient quantities cannot be provided by a balanced and varied diet; the delegated acts shall include conditions for the application of the derogations, taking into account the special conditions present in Member States.
Amendment 86 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point i
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point i
Regulation (EC) No 1924/2006
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 24a by 19 January 2009, to supplement this Regulation, by establishing specific nutrient profiles, including exemptions, which food or certain categories of food must comply with in order to bear nutrition or health claims and the conditions for the use of nutrition or health claims for foods or categories of foods with respect to the nutrient profiles.";
Amendment 87 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point ii
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point a – point ii
Regulation (EC) No 1924/2006
Article 4 – paragraph 1 – subparagraph 6
Article 4 – paragraph 1 – subparagraph 6
"The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, concerning the update of nutrient profiles and their conditions of use to take into account relevant scientific developments. To this purpose, interested parties, in particular food business operators and consumer groups shall be consulted.";
Amendment 88 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 3 – point b
Regulation (EC) No 1924/2006
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation, concerning measures determining the foods or categories of foods other than those referred to in paragraph 3 of this Article for which nutrition or health claims are to be restricted or prohibited in the light of scientific evidence.
Amendment 89 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 5
Annex I – Part XII – point 158 – paragraph 4 – point 5
3. The Commission shall, after consulting After consulting the Authority, the Commission shall adopt, by means of delegated acts in accordance withe Authority, adoptrticle 24a, a Union list of permitted claims as referred to in paragraph 1 and all necessary conditions for the use of those claims by 31 January 2010 at the latest. by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2).
Amendment 90 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 5
Annex I – Part XII – point 158 – paragraph 4 – point 5
Regulation (EC) No 1924/2006
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission shall, aAfter consulting the Authority, on the Commission' shall adopt, by means of delegated acts in accordance with Article 24a, on its own initiative or following a request by a Member State adopt, any changes to the list referred to in paragraph 3, based on generally accepted scientific evidence. by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2).
Amendment 91 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 6 – point a
Annex I – Part XII – point 158 – paragraph 4 – point 6 – point a
Regulation (EC) No 1924/2006
Article 17 – paragraph 3 – subparagraph 1
Article 17 – paragraph 3 – subparagraph 1
The Commission shallis empowered to adopt a final decision on the application by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in, to supplement this Regulation, by means of delegated acts in accordance with Article 25(2).";4a.
Amendment 92 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 6 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 6 – point b
Regulation (EC) No 1924/2006
Article 17 – paragraph 3 – subparagraph 2 – point b
Article 17 – paragraph 3 – subparagraph 2 – point b
(b) before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shallis empowered to adopt measures for authorisation of the claim without restriction for use by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in, to supplement this Regulation, by means of delegated acts in accordance with Article 25(2)4a.
Amendment 93 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 7 – point a
Annex I – Part XII – point 158 – paragraph 4 – point 7 – point a
Regulation (EC) No 1924/2006
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Amendment 94 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 7 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 7 – point b
Regulation (EC) No 1924/2006
Article 18 – paragraph 5 – subparagraph 2 – point b
Article 18 – paragraph 5 – subparagraph 2 – point b
(b) before the expiry of the five-year period, if the claim still meets the conditions laid down in this Regulation, the Commission shall adopt measures for authorisation of the claim without restriction of use by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 25(2)delegated acts in accordance with Article 24a, to supplement this Regulation, for authorisation of the claim without restriction of use.
Amendment 95 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 8
Annex I – Part XII – point 158 – paragraph 4 – point 8
Regulation (EC) No 1924/2006
Article 24a
Article 24a
"Article 24a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Omnibus]. 3. The delegation of power referred to in Article 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(2, Article 8(2), Article 13(3) and (4), Article 17(3) and (4), Article 18(5), and Article 28 paragraph 6(a) shall be conferred on the Commission for a period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 1(2) and (4), Article 3, Article 4(1) and (5), Article 8(2), Article 13(3) and (4), Article 17(3) and (4),, Article 18(5), and Article 28 paragraph 6(a) 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 1(2) and (4), Article 3, Article 4(1) and (5) and Article 8(2, Article 8(2), Article 13(3) and (4), Article 17(3) and (4),, Article 18(5), and Article 28 paragraph 6(a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. _______________________ * OJ L 123, 12.5.2016, p. 1.";
Amendment 96 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 158 – paragraph 4 – point 10 – point b
Annex I – Part XII – point 158 – paragraph 4 – point 10 – point b
Regulation (EC) No 1924/2006
Article 28 – paragraph 6 – point a – point ii
Article 28 – paragraph 6 – point a – point ii
(ii) after consulting the Authority, the Commission shall, by means of implementing act, adopt a decision concerning the health claims authorised in this way. Those implementing acts shall be adopted in accordance with the procedure referred to in adopt delegated acts, to supplement this Regulation, by laying down the health claims authorised in this way, in accordance with Article 25(2)4a.
Amendment 97 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 1
Annex I – Part XII – point 159 – paragraph 1
In order to achieve the objectives of Regulation (EC) No 1925/2006, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I and II to that Regulation to adapt it to technical and scientific progress and to amend Annex III to that Regulation to allow the use of vitamins, minerals and of certain other substances prohibited, restricted or under Union scrutiny and, to supplement that Regulation by determining the additional foods or categories of foods to which vitamins and minerals may not be added, by determining the purity criteria for vitamin formulations and mineral substances and by determining the minimum amount by derogation from the significant amount for the presence of a vitamin or mineral in the food, as well as by setting the maximum amounts of the vitamins or minerals added to food and to define the conditions restricting or prohibiting the addition of a specific vitamin or mineral.. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 98 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 2
Annex I – Part XII – point 159 – paragraph 2
Amendment 99 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 2
Annex I – Part XII – point 159 – paragraph 3 – point 2
Regulation (EC) No 1925/2006
Article 4 – paragraph 2
Article 4 – paragraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, concerning measures determining the additional foods or categories of foods to which vitamins and minerals may not be added in the light of scientific evidence and taking into account their nutritional value.
Amendment 100 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 3
Annex I – Part XII – point 159 – paragraph 3 – point 3
Regulation (EC) No 1925/2006
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation concerning measures determining the purity criteria for vitamin formulations and mineral substances listed in Annex II, except where purity criteria apply pursuant to paragraph 2 of this Article.
Amendment 101 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a
Regulation (EC) No 1925/2006
Article 6 – paragraph 1
Article 6 – paragraph 1
1.When a vitamin or a mineral is added to foods, the total amount of the vitamin or mineral present, for whatever purpose, in the food as sold shall not exceed maximum amounts. The Commission shall set those amounts by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2)adopt delegated acts in accordance with Article 13a, to supplement this Regulation, concerning those maximum amounts. The Commission may, to this end submit a draft of measures for the maximum amounts by 19 January 2009. For concentrated and dehydrated products, the maximum amounts set shall be those present in the foods when prepared for consumption according to the manufacturer’s instructions.
Amendment 102 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point a
Regulation (EC) No 1925/2006
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall defineadopt delegated acts in accordance with Article 13a concerning the definition of any conditions restricting or prohibiting the addition of a specific vitamin or mineral to a food or a category of foods by means of implementing act. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 14(2).
Amendment 103 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point b
Annex I – Part XII – point 159 – paragraph 3 – point 4 – point b
Regulation (EC) No 1925/2006
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The addition of a vitamin or a mineral to a food shall result in the presence of that vitamin or mineral in the food in at least a significant amount where this is defined according to point 2 of Part A of Annex XIII to Regulation (EU) No 1169/2011. The Commission is empowered to adopt delegated acts in accordance with Article 13a, to supplement this Regulation, concerning measures determining the minimum amounts of vitamin or mineral in the food, including any lower amounts by derogation from the significant amounts, for specific foods or categories of foods.
Amendment 104 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 5
Annex I – Part XII – point 159 – paragraph 3 – point 5
Regulation (EC) No 1925/2006
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The labelling, presentation and advertising of foods to which vitamins and minerals have been added shall not include any mention stating or implying that a balanced and varied diet cannot provide appropriate quantities of nutrients. The Commission is empowered to adopt delegated acts in accordance with Article 13a to supplement this Regulation, derogating from this rule as regards a specific nutrient.
Amendment 105 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 159 – paragraph 3 – point 7
Annex I – Part XII – point 159 – paragraph 3 – point 7
Regulation (EC) No 1925/2006
Article 13a
Article 13a
Article 13a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt referred to in Article 3(3), Article 4, Article 5(1), Article 6(1), (2) and (6), Article 7(1) and Article 8(2) and (5) shall be conferred on the Commission for an indeterminate period of time of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 3(3), Article 4, Article 5(1), Article 6(2), Article 6(6), Article 7(1) and Article 8(2) and (5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-Institutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(3), Article 4, Article 5(1), Article 6(2), Article 6(6), Article 7(1) and Article 8(2) and (5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. __________________ * OJ L 123, 12.5.2016, p.1.";
Amendment 106 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 164 – paragraph 3 – point 5
Annex I – Part XII – point 164 – paragraph 3 – point 5
Directive 2009/128/EC
Article 20a – paragraph 2
Article 20a – paragraph 2
2. The power to adopt delegated acts referred to in Article 5(3), Article 8(7), Article 14(4) and Article 15(1) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Omnibus] period of five years from the [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 107 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 164 – paragraph 3 – point 5 a (new)
Annex I – Part XII – point 164 – paragraph 3 – point 5 a (new)
Directive 2009/128/EC
Article 21 – paragraph 2
Article 21 – paragraph 2
(5a) in Article 21, paragraph 2 is deleted
Amendment 108 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 1
Annex I – Part XII – point 165 – paragraph 1
In order to achieve the objectives of Regulation (EC) No 470/2009, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplementing that Regulation with scientific methods for establishing reference points for action, reference points for action for residues from pharmacologically active substances, rules on actions in case of confirmed presence of a prohibited non- authorised substance, as well as the methodological principles for the risk assessment and risk management recommendations and rules on the use of a maximum residue limit established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or a maximum residue limit established for a pharmacologically active substance in one or more species for other species. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 109 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 2
Annex I – Part XII – point 165 – paragraph 2
Amendment 110 #
2016/0400(COD)
Proposal for a regulation
Annex I – part XII – point 165 – paragraph 3 – point 1
Annex I – part XII – point 165 – paragraph 3 – point 1
Regulation (EC) No 470/2009
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts, in accordance with Article 24a, to supplement this Regulation, concerning the adoption of:
Amendment 111 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 2
Annex I – Part XII – point 165 – paragraph 3 – point 2
Regulation (EC) No 470/2009
Article 18 – paragraph 1
Article 18 – paragraph 1
When it is deemed necessary in order to ensure the functioning of controls of food of animal origin imported or placed on the market in accordance with Regulation (EC) No 882/2004, the Commission may establish, by means of implementing act,is empowered to adopt delegated acts in accordance with Article 24a to supplement this Regulation by establishing reference points for action for residues from pharmacologically active substances which are not subject to a classification in accordance with Article 14(2)(a), (b) or (c). Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2). On duly justified imperative grounds of urgency relating to the protection of human health, the Commission may adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 26 (2a)Where, in the case of risk to human health, imperative grounds of urgency so require, the procedure provided for in Article 24b shall apply to delegated acts adopted pursuant to this Article.";
Amendment 112 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 2
Annex I – Part XII – point 165 – paragraph 3 – point 2
Amendment 113 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 3
Annex I – Part XII – point 165 – paragraph 3 – point 3
Regulation (EC) No 470/2009
Article 19 – paragraph 3 – subparagraph 2
Article 19 – paragraph 3 – subparagraph 2
"The Commission is empowered to adopt delegated act, in accordance with Article 24a, to supplement this Regulation, concerning the methodological principles and scientific methods for establishing reference point for action.
Amendment 114 #
2016/0400(COD)
4. The Commission is empowered to adopt delegated act, in accordance with Article 24a, to supplement this Regulation concerning the application of this Article.
Amendment 115 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 5 – introductory sentence
Annex I – Part XII – point 165 – paragraph 3 – point 5 – introductory sentence
(5) the following Articles 24a isand 24b are inserted under Title V:
Amendment 116 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 5
Annex I – Part XII – point 165 – paragraph 3 – point 5
Regulation (EC) No 470/2009
Article 24a
Article 24a
Article 24a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 13(2), Article 18, Article 19(3) and Article 24(4) shall be conferred on the Commission for an indeterminate period of time of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 13(2), Article 18, Article 19(3) and Article 24(4) 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 13(2), Article 18, Article 19(3) and Article 24(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. __________________ * OJ L 123, 12.5.2016, p.1.
Amendment 117 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 165 – paragraph 3 – point 5
Annex I – Part XII – point 165 – paragraph 3 – point 5
Regulation (EC) No 470/2009
Article 24b (new)
Article 24b (new)
Article 24b Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. 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. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 24a (6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.
Amendment 118 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 14
Annex I – Part XII – point 167 – paragraph 4 – point 14
Regulation (EC) No 1069/2009
Article 40 – paragraph 1 – introductory part
Article 40 – paragraph 1 – introductory part
1. The Commission is empowered to adopt delegated acts in accordance with Article 51a, to supplement this Regulation, concerning the conditions for:
Amendment 119 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 14
Annex I – Part XII – point 167 – paragraph 4 – point 14
Regulation (EC) No 1069/2009
Article 40 – paragraph 2 – subparagraph 1 – introductory part
Article 40 – paragraph 2 – subparagraph 1 – introductory part
2. The Commission shall adopt implementing acts, to amend this Regulation, concerning the following:
Amendment 120 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 15 – point a
Annex I – Part XII – point 167 – paragraph 4 – point 15 – point a
Regulation (EC) No 1069/2009
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
The Commission shall adopt implementing acts laying down the conditions referred to in point (b) of the first subparagraph. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3).";is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the conditions referred to in point (b).
Amendment 121 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 15 – point b
Annex I – Part XII – point 167 – paragraph 4 – point 15 – point b
Regulation (EC) No 1069/2009
Article 41 – paragraph 3 – subparagraph 3
Article 41 – paragraph 3 – subparagraph 3
The Commission shall adopt implementing acts laying down the requirements provided for in the first subparagraph. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 52(3)is empowered to adopt delegated acts in accordance with Article 51a to supplement this Regulation by laying down the requirements provided for in the first subparagraph.
Amendment 122 #
2016/0400(COD)
Proposal for a regulation
Annex I – Part XII – point 167 – paragraph 4 – point 16 – point b
Annex I – Part XII – point 167 – paragraph 4 – point 16 – point b
Regulation (EC) No 1069/2009
Article 42 – paragraph 2 – introductory part
Article 42 – paragraph 2 – introductory part
2. The Commission is empowered to adopt delegated acts in accordance with Article 51a, to supplement this Regulation, by laying down the following:
Amendment 123 #
2016/0400(COD)
Proposal for a regulation
Annex I – part XII – point 167 – paragraph 4 – point 20
Annex I – part XII – point 167 – paragraph 4 – point 20
Regulation (EC) No 1069/2009
Article 51a
Article 51a
Article 51a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1) and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), paragraph 4 of Article 45, the first subparagraph of paragraph 7 and paragraph 8 of Article 48, shall be conferred on the Commission for an indeterminate period of [date of entry into force of this Omnibus] period of five years from [date of entry into force of this Omnibus]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3 The delegation of power referred to in Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of Article 48 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016*. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 5(1) and (2), Article 6(1), and (2), Article 7(4), Article 11(2), Article 15(1), Article 17(2), Article 18(3), Article 19(4), Article 20(11), Article 21(6), Article 27, Article 31(2), Article 32(3), Article 40(1), and (2), the second subparagraph of Article 41(1), the third subparagraph of Article 41(3), the first subparagraph of Article 42(2), Article 43(3), the first subparagraph of paragraph 7 and paragraph 8 of Article 48 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. __________________ * OJ L 123, 12.5.2016, p.1.";
Amendment 174 #
2016/0030(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) A truly interconnected internal energy market with multiple entry points and reverse flows can only be created by fully interconnecting its gas grids, by building up LNG hubs in Southern and Eastern Europe, by completing the North- South and Southern Gas corridors and by further developing indigenous production; therefore an accelerated development of interconnectors and projects aimed at diversifying supply sources as already shortlisted in the Energy Security Strategy is necessary.
Amendment 180 #
2016/0030(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Regional approaches both among Member States and with the Energy Community Contracting Parties will speed up market integration, including through the creation of regional hubs to enhance market liquidity; such cooperation mechanisms could streamline political and energy market co-operation and facilitate joint decisions on essential gas infrastructure investment in the regions; knowledge and information could be developed jointly on issues such as energy storage facilities, and tendering processes for LNG and interconnectors.
Amendment 290 #
2016/0030(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) As demonstrated by the October 2014 stress test, solidarity is needed to ensure security of supply across the Union and to keep overall costs to a minimum. If an emergency is declared in any Member State, a two-step approach should be applied to strengthen solidarity. Firstly, all Member States are directly or indirectly interconnected, and which have introduced a higher supply standard should reduce it to default values to make the gas market more liquid. Secondly, if the first step fails to provide the necessary supply, further measures by neighbouring Member States, even if not in an emergency situation, should be triggered to ensure the supply to households, essential social services and district heating installations in the Member State experiencing the emergency, provided that such Member States can prove that all the measures described in its emergency plan have been used, and that all the technical and commercial terms defined in the solidarity agreement in the emergency plan have been met. Member States should identify and describe the details of these solidarity measures in solidarity agreements in their emergency plans, ensuring fair and equitablan appropriate compensation of the natural gas undertakings and of the non-protected customers concerned by the solidarity measures, based on the market value of the costs generated by the interruption of supplies consequent to the implementation of Article 12.
Amendment 305 #
2016/0030(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) To assess the security of supply situation of a given Member State or region or of the Union, access to the relevant information is essential. In particular, Member States and the Commission need regular access to relevant, non-confidential information from natural gas undertakings regarding the main parameters of the gas supply as a fundamental input in the design of the security of supply policies. Under duly justified circumstances, irrespective of a declaration of emergency, access should also be possible to additional information needed to assess the overall gas supply situation. That additional information would typically be non-price-related gas delivery information, e.g. minimum and maximum gas volumes, delivery points or supply margins. It could, for example, be requested in the event of changes in the pattern of the gas supply to a given buyer or buyers in a Member State which would not be expected if the markets were functioning normally and which could affect the gas supply of the Union or parts of it.
Amendment 313 #
2016/0030(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) In March 2015, the European Council concluded that gas supply contracts with suppliers from third countries should be made more transparent and compatible with the Union energy security provisions, by guaranteeing at the same time the confidentiality of commercially sensitive information of commercial gas supply contracts. In this context an efficient and targeted mechanism for Member States' access to keyinformation of gas supply contracts relevant for the security of gas supply should ensure a comprehensive assessment of relevant risks that can lead to a supply disruption or interfere with the necessary mitigating measures should a crisis nevertheless occur. Under that mechanism certain key gas supply contracts should be automatically notified, immediately after their conclusion, to the Member States. However, any obligation to notify a contract automatically needs to be proportionate. Applying this obligation to contracts between a supplier and a buyer covering 40% of the national market strikes the right balance in terms of administrative efficiency and lays down clear obligations for market participants. This does not mean that other gas supply contracts are not relevant to security of supply. Accordingly, Member States should have the right to request other non- confidential information related to contracts which might negatively affect security of supply of a Member State or region or of the Union as a whole. TIn duly justified circumstances the Commission should havemay request the same access to theinformation of gas supply contracts as Member Statfrom the national competent authorities, given its role in assessing the consistency and effectiveness of the preventive action plans and emergency plans to address risks to security of supply at national, regional and EU level. The Commission may call on the Member States to amend the plans so as to take account of the information obtained from the contracts. The confidentiality of commercially sensitive information should be ensured. Improved Commission access to a well-defined set of non-confidential information on commercial contracts should not affect nor duplicate the Commission's and ACER's ongoing efforts to monitor the gas market, and the Commission should intervene if violations of the Union law are identified. The provisions of this Regulation should be without prejudice to the right of the Commission to launch infringement proceedings in accordance with Article 258 of the Treaty on the Functioning of the European Union (TFEU) and to enforce competition rules, including state aid,.
Amendment 501 #
2016/0030(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The risk assessment shall be prepared in accordance with the template in Annex IV. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates taking into account Member State implementation timeframes.
Amendment 545 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The preventive action plan and the emergency plan shall be developed in accordance with the templates contained in Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 to amend those templates taking into account Member State implementation timeframes.
Amendment 574 #
2016/0030(COD)
Proposal for a regulation
Article 7 – paragraph 6 – subparagraph 2
Article 7 – paragraph 6 – subparagraph 2
In the event of disagreement, the Commission may, within three months of the reply of the competent authorities, take a decision requiring the amendment of the relevant plan. The competent authorities shall adopt and publish the plan within threetaking into account Member State consultation requirements, no later than six months of the notification of Commission decision.
Amendment 672 #
2016/0030(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where a Member State has declared the emergency crisis level in accordance with Article 10(1), and when such Member States has proved that all the measures described in its emergency plan have been used, and that all the technical and commercial terms defined in the solidarity agreement in the emergency plan have been met, any increased supply standard or additional obligation imposed on natural gas undertakings in other Member States under Article 5(2), directly or indirectly interconnected, shall be temporarily reduced to the level established in Article 5(1).
Amendment 684 #
2016/0030(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
As long as the supply to households, essential social services and district heating installations in the Member State having declared the emergency is not satisfied, despite the application of the measure in paragraph 1, the gas supply to customers other than households, essential social services and district heating installations in any other Member State, directly connected to the Member State which declared the emergency, shall not continue to the extentbe reduced to the extent reflecting the maximum capability to the affected connected Member State(s) as necessary to supply the households, essential social services and district heating installations in the Member States having declared the emergency.
Amendment 712 #
2016/0030(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. If the Member States do not agree on the necessary technical, commercial, legal and financial arrangements, the Commission may propose a framework for such measureagreements in its opinion and decision on the plans. In absence of agreed technical, commercial, legal and financial arrangements for appropriate compensation in the solidarity agreements, natural gas undertakings should not bear obligations derived from paragraph 2 and 3.
Amendment 721 #
2016/0030(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. In duly justified circumstances irrespective of a declaration ofDuring an emergency, the competent authority may require gas undertakings to provide the information referred to in paragraph 1 or additional information necessary to assess the overall situation of the gas supply in the Member State or other Mwho has declared the ember States, including contractual informationgency. The Commission may request from the competent authorities the information provided by natural gas undertakings. The competent authorities and the European Commission shall guarantee the confidentiality of commercially sensitive information.
Amendment 727 #
2016/0030(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Where the Commission considers that tha Member State ghas supply in a region or the Union as wholedeclared the emergency crisis level isn affected or is likely to be affected itccordance with Article 10(1), the Commission may require the competent authorities to collect and submit to the Commission information necessaryreferred to in paragraph 1 to assess the situation of the gas supply in the Union. The Commission may share its assessment with the Gas Coordination Group.
Amendment 734 #
2016/0030(COD)
Proposal for a regulation
Article 13 – paragraph 6 – point a – subparagraph 1 a (new)
Article 13 – paragraph 6 – point a – subparagraph 1 a (new)
In order to avoid double-reporting or unjustified bureaucratic burden for natural gas undertakings, the Commission should strengthen its coordination with ACER and the relevant national authorities as to take full stock of information already collected under article 8 of Regulation (EU) No 1227/2011.
Amendment 745 #
2016/0030(COD)
Proposal for a regulation
Article 13 – paragraph 6 – point b
Article 13 – paragraph 6 – point b
(b) to the competent authority and to the Commission immediately after their conclusion or modification thefollowing the information on gas supply contracts with a duration of more than 1 year concluded or modified after [OP: Please insert the date of entry in force of this Regulation] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the Member Stateregion concerned. The notification obligation shall not apply to the modifications related only to the gas price. The notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract.
Amendment 756 #
2016/0030(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. IDuring an emergency, and in duly justified circumstances, where the competent authority or the Commission considers that information a gas supply contract not covered by paragraph 6(b) (a) of this Article might affect the security of supply of a Member State, region or of the Union as whole, the competent authority should of the Member State where the natural gas undertaking who has concluded the contract operates or the Commission may request the natural gas undertaking to provide theo the Commission the information covered by paragraph 6 (b) contract for the assessment of its impact on security of supply. The request may cover also any other commercial agreements relevant for the execution of the gas supply contract.
Amendment 8 #
2015/2147(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to its resolution of 10 March 2015 on the Annual Report on EU Competition Policy1a, __________________ 1a Text adopted, P8_TA(2015)0051
Amendment 78 #
2015/2147(INI)
Motion for a resolution
Recital B
Recital B
B. whereas all Union policies and legislation in the area of the Digital Single Market should allow new opportunities for users and businesses to emerge, especially within today’s service society and based on similar rules for similar services, while taking a holistic approach that considers their social dimension as they inevitably involve structural changes;
Amendment 135 #
2015/2147(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas investment in fixed and mobile electronic communications infrastructures is essential for a thriving Digital Single Market;
Amendment 143 #
2015/2147(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the timely roll-out of future communication networks in Europe, such as 5G will depend on the creation of an investment-conducive environment;
Amendment 145 #
2015/2147(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas creativity and innovation are the engines of the digital economy and must therefore be encouraged and rewarded; whereas a high level of protection of intellectual property rights allows authors and creators to further develop their activities in the European digital market;
Amendment 178 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that in order for Europe to fully seize the potential for growth, jobs and global competitiveness in all sectors of the economy of new developments or technologies such as Cloud Computing, 5G development, Big Data or the Internet of Things, the completion of the Digital Single Market must be a priority;
Amendment 224 #
2015/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the security of networks and information as well as users’ trust in digital services isare vital to innovation and growth in the digital economy and that reinforcing that trust should be at the basis of both public policy and business models;
Amendment 234 #
2015/2147(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that a competitive broadband environment is key to achieving the goals of the Digital Single Market, insofar it enables business diversity, economic pluralism and consumer choice;
Amendment 253 #
2015/2147(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory frameworkand non-regulatory framework for the digital economy that is fit for investments in enhanced digital infrastructures fit for the emergence and scale- up of innovative businesses, and a long term investment strategy into boost digital infrastructure, skills, research and innovation;
Amendment 324 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to remove barriers to digital trade, as well as preserve the integrity of the single market and the internet as an open and global platform for communication and innovation, based on the principle of fair competition;
Amendment 333 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to set ambitious and firm targets for 5G rollout, setting as European milestone - for inspiring a speedy development of 5G;
Amendment 390 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that, in a truly functional Digital Single Market, consumers need to rely on consistent protection standards and businesses need to rely on a fair regulatory system that ensures similar rules for similar services;
Amendment 650 #
2015/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement for any digital progress, with competition remaining the main driver of infrastructure investments, innovation, affordable prices and choices for consumers and businesses; considers that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks; calls on the Commission, therefore, to enforce properly both ex post and ex ante competition rules in order to prevent excessive market concentration and abuse of dominance;
Amendment 657 #
2015/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement for any digital progress, with competition remaining the main driver of and that consequently there is a need to foster competition at all levels, including new infrastructure deployment; Notes that the EU's regulatory framework must incentivise infrastructure investments, innovation, affordable prices and choices for consumers; considers that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks; Considers that a stable and predictable regulatory environment is a precondition that must be guaranteed in order to promote the much needed investment;
Amendment 666 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Calls on the Commission to focus in the upcoming Review of the Telecom Framework on key aspects such as technological neutrality; allowing extra territorial use of numbering resources as well as on a light touch regulatory approach that does not hinder innovation but facilitate it;
Amendment 695 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that the development of new services such as the Internet of Things requires new flexible, future focused policies that allow the Internet of Things to develop its potential for economic and social development in all countries;
Amendment 743 #
2015/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls as a priority for a harmonised framework for spectrum allocationHighlights that Radio spectrum is a critical resource for the internal market for mobile, wireless broadband communications in the Union and essential for the future competitiveness of the European Union; Stresses that it is urgent and crucial to address the conditions and procedures for granting spectrum licenses for wireless broadband communications, as well as the use of unlicensed spectrum at European level; Calls as a priority for a harmonised framework for allocation, use and management of spectrum for electronic communications as well as for setting a minimum period of 25 years for spectrum rights and eliminating administrative costs for trading and leasing of harmonised spectrum to boost long-term infrastructure investments;
Amendment 788 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that uniform enforcement of the Connected Continent package, including the end of roaming surcharges and the net neutrality principle, requires the establishment of a single European telecommunications regulator, in which the current system of checks and balances between the European Commission and the National Regulatory Authorities is preserved;
Amendment 795 #
2015/2147(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Urges the Commission to address convergence of telecoms and audio-visual markets in updating the telecommunications framework;
Amendment 842 #
2015/2147(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises that in order to foster innovation and competitiveness consumers must be able to access their data, transport it, and use it in any device, application, or operating system in a seamless way; Calls upon the European Commission to put forward proposals that guarantee the interoperability of services and applications and the portability of the consumers digital life;
Amendment 853 #
2015/2147(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’'s initiative to analyse the role of platforms in the Digital Economy as part of the upcoming Internal Market Strategy, ensuring a comprehensive and similar approach to framework across the digital market; considers that "a one size fits all" solution may have a chilling effect on innovation and put European companies at a competitive disadvantage in the global economy; underlines the need of appropriate application of tools existing in the current legislation in this field;
Amendment 929 #
2015/2147(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems and online networks and the encryption of communication, to improve cyber-attack prevention and to increase knowledge of basic security processes among users of digital services; stresses the need to effectively adopt interoperable security and data protection standards for technological developments such as Big Data, Internet of Things and 5G to thrive;
Amendment 936 #
2015/2147(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Notes that given the borderless nature of the digital environment there is a need to ensure coherence and coordination between regulators, law enforcement agencies and the judicial system within the EU;
Amendment 92 #
2015/2113(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Energy Community is an instrument to expand internal energy market to EU's neighbourhood countries, thus contributing to the creation of a pan- European energy space based on common principles and the rule of law;
Amendment 283 #
2015/2113(INI)
Motion for a resolution
Paragraph 2 – paragraph 2 a (new)
Paragraph 2 – paragraph 2 a (new)
2a. Recognises that a truly interconnected internal energy market with multiple entry points and reverse flows can only be created by fully interconnecting its gas grids, by building up LNG hubs in Southern and Eastern Europe, by completing the North-South and Southern Gas corridors and by further developing indigenous production; therefore calls for an accelerated development of interconnectors and projects aimed at diversifying supply sources as already shortlisted in the Energy Security Strategy.
Amendment 284 #
2015/2113(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the prioritisation of developing LNG capacities and indigenous production in the Mediterranean countries and in South Eastern Europe, as well as interconnecting land-locked countries in Central Europe to these new capacities in order to diversify supply sources in these regions; notes that this will allow gas-on- gas competition and will replace imports of natural gas volumes under oil-indexed contracts thus increasing Member States bargaining power.
Amendment 297 #
2015/2113(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that well-developed and fully integrated infrastructure allowing for enhanced diversification of supplies and cross-border flows is vital for ensuring security of supply both in normal and emergency conditions and for delivering energy from competitive sources to consumers across the European Union and Energy Community;
Amendment 349 #
2015/2113(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to support those EU Member States and on the Energy Community Secretariat to support those Energy Community Contracting Parties that wish to negotiate energy contracts on a voluntary basis by introducing a common negotiating mechanism, and stresses that the functioning of such a mechanism must be subject to compliance with the EU internal market acquis and with EU competition and World Trade Organisation rules;
Amendment 360 #
2015/2113(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that greater transparency of intergovernmental agreements could be achieved by strengthening the role of the Commission in energy-related negotiations involving one or more Member States and third countries, including by having the Commission participate in those negotiations if there is a risk of abuse of a dominant position by one supplier; notes that furthermore the Commission should carry out ex-ante and ex-post assessments and draw up both a positive and a negative list of agreement clauses, such as export ban and, destination clauses, take-or-pay clauses and oil indexation of gas pricing;
Amendment 388 #
2015/2113(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to prepare draft contract templates and guidelines including an indicative list of abusive clauses in order to create a reference for competent authorities and companies in their contracting activities; furthermore calls on the Commission to publish quarterly assessments of the average import prices;
Amendment 470 #
2015/2113(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to facilitate the effective use of existing EU funding schemes, including the European Fund for Strategic Investments, so as to supportattract private investment infor the development of Europe's indigenous energy resources, based on a technology-neutral approach;
Amendment 486 #
2015/2113(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the EFSI should function as a mechanism for turning infrastructure investment into a fully liquid asset class with bonds that can be pooled and traded on European and global markets; furthermore notes that Institutional investors such as insurers or pension funds, which are naturally disposed to making long-term investments in real assets, would be attracted only by standardised investment products and a solid project pipeline that can guarantee sound business cases.
Amendment 493 #
2015/2113(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission, and in particular DG TRADE, to comaintainue to press for a dedicated the goal of dedicating a separate energy chapter within the Transatlantic Trade and Investment Partnership (TTIP), with a view to removing US export restrictions on both crude oil and liquefied natural gas (LNG) and eliminating protectionist measures;
Amendment 497 #
2015/2113(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that a strengthened Energy Community should be the pivotal arm of the EU's external energy policy and invites the Commission to come forward with concrete proposals based on the report of the High-Level Reflection Group for the reform of the Energy Community;
Amendment 516 #
2015/2113(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that the future Energy Union must establish a free flow of energy across EU and Energy Community countries as the fifth European freedom alongside free movement of people, goods, capital and services;
Amendment 586 #
2015/2113(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need for full implementation and enforcement of existing EU energy legislation and for a swift adoption of ambitious European network codes and guidelines, which must go hand in hand with strengthening the. Calls therefore for a swift review of the respective roles, resources and competences of the Agency for the Cooperation of Energy Regulators (ACER), the European Network of Transmission System Operators for Electricity (ENTSO-E) and the European Network of Transmission System Operators for Gas (ENTSO-G), in order to ensure an effective process architecture and sufficient resources for the enforcement of European regulation;
Amendment 604 #
2015/2113(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that a properly designed future model of the electricity market in the EU must aim at a more market-based and optimal, from the point of view of network security, integration of renewable energy sources, while preserving technological neutrality;
Amendment 647 #
2015/2113(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States and the Commission as well as the Energy Community Contracting Parties and the Energy Community Secretariat to concentrate their efforts on driving projects of common interest (PCIs) and projects of the Energy Community interest (PECIs) forward, with a view to achieving a pan- European ‘super grid' with the capacity to transmit power across EU countriesurope from multiple sources and therefore capable of diverting energy from surplus to deficit areas, thereby allowing the market to instantly respond to interruptions of supply wherever they occur;
Amendment 662 #
2015/2113(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Stresses the importance of ensuring a sound, stable and predictable regulatory framework which will enable long-term commitments and which is necessary to deliver new investments in energy infrastructure;
Amendment 672 #
2015/2113(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports regional approaches where there are particular regional challenges or opportunities, or where acting regionally couldboth among Member States and with the Energy Community Contracting Parties in order to speed up market integration, including through the creation of regional hubs to enhance market liquidity; stresses that such cooperation mechanisms could streamline political and energy market co- operation and facilitate joint decisions on essential gas infrastructure investment in the regions; believes that knowledge and information could be developed jointly on issues such as energy storage facilities, and tendering processes for LNG and interconnectors;
Amendment 675 #
2015/2113(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports regional approaches where there are particular regional challenges or opportunities, or where acting regionally could speed up market integration, including through the creationfurther development of regional hubs to enhance market liquidity, primarily in the CEE region; recognises the important role of power exchanges in fostering liquid, transparent and secure energy trading;
Amendment 705 #
2015/2113(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses the need to create a legislative framework that empowers consumers and makes them active participants in the market as investors and stakeholders, developing dynamic pricing and opening markets to supply and demand-side sources; notes that consumers' involvement can be strengthened through, inter alia, energy cooperatives and micro-generation and enhanced transparency of prices and consumer choices; points out that such initiatives could contribute to reducing energy prices and help address serious social problems, such as fuel poverty;
Amendment 829 #
2015/2113(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Considers that active energy efficiency solutions and smart energy management systems empowering consumers are able to combine both efficiency and flexibility enhancements; therefore stresses that any upcoming revision of the energy efficiency legislation should include provisions and tools promoting active solutions along with passive solutions;
Amendment 837 #
2015/2113(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. AcknowledgUnderlines that localpublic authorities of European cities undoubtedly make an importantshould have a determining contribution to energy independence by increasing energy- efficiency through cogeneration, modernising district heating systems, encouraging the deployment of smart grids and demand side energy management which would empower end- users, increasing the use of cleaner public transport, encouraging more active travel models and renovating buildings;
Amendment 48 #
2015/0148(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2003/87/EC of the European Parliament and of the Council15 established a system for greenhouse gas emission allowance trading within the Union in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner in order to safeguard the international competitiveness of EU industry that does not lead to carbon and investment leakage. __________________ 15 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 84 #
2015/0148(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 57% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 572% share is made up of allowances auctioned on behalf of Member States, including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 . __________________ 18 SEC(2015)XX 19 Decision (EU) 2015/… of the European Parliament and of the Council of … concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L […], […], p. […]).
Amendment 103 #
2015/0148(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation, provision should be made for the values of the benchmarks for free allocations to installations, determined on the basis of data from the years 2007-8, to be updated in line with observed average improvement. For reasons of predictability, this should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into account robust, objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement. Where the data shows a difference from factor reduction of more than 0.5% of the 2007-8 value higher or lower per year over the relevant period, the related benchmark value shall be adjusted by that percentagebased on real data, in line with technological progress in the respective industry sectors at the level of the benchmark. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 205 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 10 paragraph 1
Article 10 paragraph 1
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 572%.
Amendment 214 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 10 a paragraph 1
Article 10 a paragraph 1
Amendment 269 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 10a paragraph 1
Article 10a paragraph 1
The Commission shall be empowered to adopt a delegated act in accordance with Article 23. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation. To introduce more flexibility in the supply of free allowances, the threshold shall be lowered to reflect variation in real production levels. This threshold shall not exceed 10% of the yearly production level.
Amendment 298 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2– subparagraph 2 a
Article 10 a – paragraph 2– subparagraph 2 a
The benchmark values for free allocation shall be adjusupdated in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:since 2007-8. For the period 2021-2030, the benchmark value shall be the average performance of the 10% most efficient installations in a sector or subsector in the Community for the years 2013-2017, and each later period for which free allocations are determined in accordance with Article 11(1). The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 304 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – subparagraph 2 a
Article 10 a – paragraph 2 – subparagraph 2 a
Amendment 320 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – introductory part
Article 10a – paragraph 2 – subparagraph 3 – introductory part
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free the average performance of the 10 % most efficient installocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:in a sector or subsector operating in the Union in the years 2013 to 2017. Benchmarks shall be set after consulting the relevant stakeholders to take into account the real economic and technical development of industrial plants and processes in the individual sectors and subsectors.
Amendment 336 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i
Article 10a – paragraph 2 – subparagraph 3 – point i
Amendment 368 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
Amendment 424 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
400 million allowances shall be available to support innovation in the whole range of low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2 as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union.
Amendment 427 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10 a – paragraph 8
Article 10 a – paragraph 8
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of CCS and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 60% of the relevant costs of projects may be supported, out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed. The Commission shall publish the state aid guidelines for Member State co-financing of eligible projects. The Commission shall publish the state aid guidelines for Member State co-financing of eligible projects.
Amendment 468 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory sentence
Article 10b – paragraph 2 – introductory sentence
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 473 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 of direct and indirect costs divided by their gross value added (in €), shall be deemed to be at risk of carbon leakage. Such sectors and sub-sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 483 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 500 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point d (new)
Article 10b – paragraph 2 – point d (new)
(ca) d) level of the product referred to in paragraph 1 when the assessment of a sub-sector is realised with more targeted data at 6- or8-digit level.
Amendment 516 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 b Paragraph 4
Article 10 b Paragraph 4
By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4- digit level (NACE-4 code) as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available, using for each sector or sub-sector the 4-, 6-, 8-digit level code (NACE-4, Prodcom-6 or Prodcom-8) that comprises only those activities and production covered by the EU ETS.
Amendment 527 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 5 a (new)
Article 10b – paragraph 5 a (new)
Every year the Commission may, at its own initiative or at the request of a Member State, add a new sector or subsector, if it can be demonstrated that this sector or subsector complies with the criteria in paragraph 1 and 3 .
Amendment 547 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c
Article 10 c
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in € at marketin purchasing power paricties below 60% of the Union average may give a transitional free allocation to installations for electricity production for the modernisation of the energy sector.
Amendment 568 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c 2
Article 10 c 2
(ba) ensure that modernisation projects benefiting electricity generation facilities : (i) are economically justified based on a cost benefit analysis – including a carbon price which reflects the marginal damage of each unit harmful emission (e.g. CO2, NOx, Sox and particulate); (ii) have CO2 emissions of less than 550gCO2/kWh.
Amendment 613 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c 7
Article 10 c 7
Amendment 663 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the fivetwo years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent fivetwo years shall be submitted every fivetwo years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the fivetwo calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 667 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4
Article 10 d – paragraph 4
The fund shall be governed by an investment board and a management committee, which shall be composed of representatives from the beneficiary Member States, the Commission, the EIB and three representatives elected by the other Member States for a period of 5 years. The investment board shall be responsible to determine an Union-level investment policy, appropriate financing instruments and investment selection criteria which should take into account national circumstances. The management committee shall be responsible for the day- to-day management of the fund.
Amendment 673 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d 4
Article 10 d 4
The investment board shall elect a representative from the Commission as chairmanEuropean Bank of Investment as chairman for a period of 5 years. The investment board shall strive to take decisions by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majority. The European Investment Bank shall propose the investment selection criteria and submit them to the approval of the investment board. These criteria shall be consistent with the European Investment Bank's criteria for investments in the energy sector The Commission should administer any calls for proposals, for which the European Investment Bank should perform due diligence. The investment board should approve the final list of projects to receive investments.
Amendment 686 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d 4
Article 10 d 4
The composition of the investment board and the management committee should be published by (insert date). The investment selection criteria and the investments decisions should be accessible and public.
Amendment 697 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 (new)
Article 10 d – paragraph 4 (new)
Every two years Member States shall communicate to the Commission the closures of electricity generation capacity due to national measures. The Commission shall calculate the equivalent number of allowances that these closures represent. Member States shall have the choice to withdraw a corresponding volume of allowances or to surrender and place them into the MSR.
Amendment 699 #
2015/0148(COD)
Proposal for a directive
Article 1 – point 22 b (new)
Article 1 – point 22 b (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(22b) In Article 27, paragraph 1 is replaced by the following '1. Following consultation with the operator, Member States may exclude from the Community scheme installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 375 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community scheme; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures.'
Amendment 704 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 5 – new sub paragraph
Article 10 – paragraph 5 – new sub paragraph
(ba) The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market including the implementation of the auctions, liquidity and the volumes traded. The report shall also address the interaction of the EU ETS with other Union climate and energy policies, including how those policies impact upon the supply-demand balance of the EU ETS. The report shall propose concrete measures to neutralise the impact of EU policies on the EU ETS. Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.
Amendment 756 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2003/87/EC
Article 27 – point 1 (a) (b) (c)
Article 27 – point 1 (a) (b) (c)
(22a) In Article 27 point 1 (a) (b) (c) is replaced as follows: 1.Following consultation with the operator, Member States may exclude from the Community scheme installations which have reported to the competent authority emissions of less than 50 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 75 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community scheme;
Amendment 3 #
2014/2256(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the European cultural and creative industries are an engine for economic growth and job creation in the EU, as they employ more than 7 million people and generate more than 4.2 % of EU GDP; emphasises that cultural industries continued to create jobs during the economic crisis of 2008-2012 and have played an important role in boosting European Union's competitiveness;
Amendment 17 #
2014/2256(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries and form the basis for their ability to generate economic activity and, employment, creativity and innovation;
Amendment 22 #
2014/2256(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the European Union should support its cultural and creative sectors, through a stable, clear and flexible legislative framework, allowing these industries to produce, invest and grow;
Amendment 26 #
2014/2256(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasizes that the reform of the EU copyright framework should ensure a high level of protection for the rightholders, provide the necessary legal clarity and certainty, as well as the flexibility needed to foster investment and growth in the creative and cultural sector; highlights the necessity of removing the legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 48 #
2014/2256(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises that an appropriate adaptation of Directive 2001/29/EC to the digital era may give rise to entrepreneurship and new business models, thus fostering innovation and employment.
Amendment 51 #
2014/2256(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that the application of the European Union legal framework for copyright and related rights is varying widely among Member States, which may create obstacles to the full development and functioning of the Digital Single Market;
Amendment 55 #
2014/2256(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it necessary to develop a legal framework that will be evidence-based, taking into account the experience of all relevant stakeholders, while also strengthening the negotiating and contractual position of authors and performers in relation to other right holders and intermediaries;
Amendment 67 #
2014/2256(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. WBelieves that citizens should be able to access and buy online content from another Member State, when it is not accessible from a provider in their own Member State; welcomes the multi- territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross- border access and availability of products and services;
Amendment 74 #
2014/2256(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that, subject to exceptions and limitations, the rights of the creators should be identical in the analogue and digital world; acknowledges that the list of exceptions and limitations requires further consideration so that it is appropriate for the digital era, thus contributing to economic growth, the full development of the Digital Single Market and competitiveness;
Amendment 92 #
2014/2256(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognises the necessity and benefits of ensuring portability of online services of legally acquired and legally made available content, within the European Union;
Amendment 94 #
2014/2256(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Acknowledges that the wide roll-out of internet coverage has given rise to the development of new forms of use of works and calls for adequate return solutions for the rightholders in the digital environment, while also ensuring citizens' access to cultural goods and knowledge;
Amendment 96 #
2014/2256(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to assess the available solutions for text and data mining for non-commercial scientific research purposes, taking into account options such as the licensing model, already developed in some Member States;
Amendment 97 #
2014/2256(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. With full respect to the principle of subsidiarity, calls on the Commission to explore whether measures to ensure the fair compensation of rightholders in respect of reproductions made by natural persons for private use, such as the private copying levies, are up-to-date and efficient solutions;
Amendment 98 #
2014/2256(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Encourages libraries and archives to engage in voluntary agreements with rightholders, which would enable them to fulfil their public mission in the digital society, while respecting the rights of rightholders;
Amendment 117 #
2014/2256(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the Commission to take into account the rapidly growing user-created content on the internet when reviewing the copyright rulesframework; any new proposal should aim to find a fair balance between protecting IPR and fostering a dynamic internet, where technology and internet access can continue to empower individuals to be innovative and creative internet.
Amendment 122 #
2014/2256(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Encourages the Commission to continue dialogue and collaboration with the United States, on the respective copyright legislative frameworks, within the Transatlantic Trade and Investment Partnership negotiations, to address potential market access barriers and trade obstacles;
Amendment 27 #
2014/2153(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls the Commission to include a specific chapter on energy in the Transatlantic Trade and Investment Partnership Agreement.
Amendment 35 #
2014/2153(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that an extended deal on energy trade within the Transatlantic Trade and Investment Partnership Agreement – the TTIP, would contribute significantly to the supply diversification process by allowing consumers to benefit from the deep discontinuities in energy price between the American and European markets.
Amendment 37 #
2014/2153(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers that EU-US LNG trade would fully integrate the EU gas market into the global one and would contribute significantly to the completion of the Internal Energy Market.
Amendment 40 #
2014/2153(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Encourages the Commission to consider the Eastern Mediterranean and the Caspian Region as an important case study for its Energy Diplomacy given the opportunities for energy trade and available resources.
Amendment 57 #
2014/2153(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Is of the opinion that the EU should help the most vulnerable countries diversify their sources and supply routes, including reverse flows, with an emphasis on renewable energies and related storage facilities, in order to increase energy efficiency worldwide, and should help eradicate energy poverty, contribute to global sustainable development and support the global effort to tackle climate change;accelerate the completion of the Internal Energy Market through the development of infrastructure for the diversification of supply sources, and through the accelerated build-up of interconnections.
Amendment 67 #
2014/2153(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognises the European Fund for Strategic Investment and the Connecting Europe Facility as key mechanisms for infrastructure development and for attracting private investment to the EU. Further notes that maximising the use of financial instruments will have an important leverage effect on public funding and will attract global investment capital to the EU.
Amendment 661 #
2014/2153(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Recognises the European Fund for Strategic Investment and the Connecting Europe Facility as key mechanisms towards infrastructure development;
Amendment 662 #
2014/2153(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35b. Further notes that attracting private investment for the development of PCI's by maximising the use of financial instruments will have an important leverage effect on public funding and will also restart infrastructure investment in the EU.
Amendment 739 #
2014/2153(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Stresses that the LNG option for the gas supply to the Eastern Member States will allow gas-on-gas competition, and can replace imports of natural gas volumes under oil-indexed contracts with hub and spot price aligned contracts;
Amendment 742 #
2014/2153(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. 40b. (new) Underlines the strategic importance of the completion of the Southern Gas Corridor for Europe's energy diversification and energy security; linking the Trans Adriatic Pipeline (TAP) and Mediterranean LNG capacities to Central and Eastern Member States will contribute decisively to the diversification of supply sources;
Amendment 744 #
2014/2153(INI)
Motion for a resolution
Paragraph 40 c (new)
Paragraph 40 c (new)
40c. Stresses that TAP and additional LNG capacities in eastern Mediterranean and the Black Sea will facilitate the EU's objective of diversifying the gas supply to Member States and Energy Community Countries in South East Europe; Recognises that the realisation of the Southern Gas Corridor should speed up the development of new energy infrastructure, the integration of energy networks and the completion of the internal energy market in the region;
Amendment 8 #
2013/2135(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Regulation 347/2013 of the European Parliament and the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009,
Amendment 12 #
2013/2135(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the draft regulation (...)/2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010,
Amendment 50 #
2013/2135(INI)
Motion for a resolution
Recital A
Recital A
A. whereas security of supply, competitiveness and, the completion of the single energy market, as well as climate objectives are of the utmost importance for the EU, are inextricably linked and must be addressed and considered on an equal footing;
Amendment 620 #
Amendment 638 #
2013/2135(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the recent adoption of the Regulation 347/2013 establishing the guidelines for trans-European energy infrastructure that facilitates the building of cross-border energy transmission infrastructure across the EU by providing regulatory and financial support through incentives, faster and transparent permit procedures, cross border cost allocation rules and an optimisation of the European Union's leverage of public and private funding.
Amendment 640 #
2013/2135(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Welcomes the adoption of the Regulation on the Connecting Europe Facility which is of utmost importance in order to cover the massive investments in the European energy infrastructures needed to complete the single market; outlines that this new funding mechanism will maximise the use of financial instruments and create leverage, using public funding in the most efficient way while attracting private investments;
Amendment 664 #
2013/2135(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that as the EU should pursues its goal of energy security, emphasis needs to be shifted towards a model of energy interdependence between Member States by ensuring the swift completion of the EU internal energy market; believes furthermore that completing the EU supergrid infrastructure linking the north, south, east and west will enable the EU to make the best use of the comparative advantages of each Member State, and calls for further support for decentralised and micro-scale energy production and smart energy infrastructures in all Member States; stresses, therefore, the need for strong coordination between Member States’ policies and for joint action, solidarity and transparency in view of the fact that national energy policy decisions can affect other Member States; suggests that it would be desirable to determine whether and how the expertise and facilities of the Agency for the Cooperation of Energy Regulators (ACER) could be put to use in carrying out the above tasksstresses the need for enhanced coordination between Member States’ policies and for joint action, solidarity and transparency;
Amendment 756 #
2013/2135(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that modernising the existing energy infrastructure and building new, intelligent and flexible infrastructure for the generation, transmission, distribution and storage of energy is essential for a stable, well-integrated and well-connected energy market, and emphasises that large- scale investments should be made in parallel with investments in regional or even local networks; therefore welcomes the Connecting Europe Facility which aims at accelerating investment in the field of trans-European networks and to leverage funding from both the public and the private sectors;
Amendment 2 #
2013/2080(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Recommendation 2010/572/EU (Recommendation on regulated access to Next Generation Access Networks),
Amendment 10 #
2013/2080(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the aims of the framework are to promote a sectoral ecosystem of competition and investment, benefiting consumers and users, while consolidatingtributing to the development of the internal market infor communications;
Amendment 16 #
2013/2080(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas functional separation, i.e. the obligation of a vertically integrated operator to place the activities related to the wholesale provision of relevant access products in an independently operating internal business unit, remains a remedy of last resort;
Amendment 17 #
2013/2080(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the promotion of competition in the provision of electronic communications networks and services is one of the key policy objectives established in article 8 of the Framework Directive;
Amendment 18 #
2013/2080(INI)
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. whereas despite an overall more competitive environment, some electronic communications markets remain uncompetitive, particularly the provision of fixed broadband lines, with incumbent operators still retaining an average 42.3% market share and the provision of services to business users, with incumbent operators retaining market shares of 70% and above in many Member States;
Amendment 20 #
2013/2080(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the roll-out of ultrafast internet access is slowfast internet access is progressing, with 54% of the European households having access to very high speed broadband (≥ 30 Mbps), take-up remains at a very low level, with only 4.2% of the EU households subscribing to very high-speed internet access, superfast connections (≥100 Mbps) remain very scarce in the EU, representing only 3.4 % of all fixed lines, and user demand appears weak, with only about 2 % of households subscribing to such lines1 ;
Amendment 25 #
2013/2080(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas effective and sustainable competition is an important driver of efficient investment over time;
Amendment 51 #
2013/2080(INI)
Motion for a resolution
Paragraph 4 – point ix
Paragraph 4 – point ix
(ix) the lifting of regulation in case ofonly in those cases where a satisfactory market analysis andleads to the finding that the relevant market is effectively competitive and as long as continued monitoring obligations are put in place;
Amendment 56 #
2013/2080(INI)
Motion for a resolution
Paragraph 4 – point xiii
Paragraph 4 – point xiii
(xiii) pan-European services and operators, taking into account the (unused) provision of Art 15(4) FD allowing the Commission to identify transnational markets. More focus should be given to the competitive provision of communications services to European businesses and to the effective and consistent application of business grade remedies across Europe;
Amendment 58 #
2013/2080(INI)
Motion for a resolution
Paragraph 4 – point xiii a (new)
Paragraph 4 – point xiii a (new)
(xiiia) strengthening the application of the functional separation remedy by removing the exceptional character of the obligation and thus allowing the national regulatory authorities to impose such remedy under the same circumstances as other obligations available under the Access Directive.
Amendment 70 #
2013/2080(INI)
Motion for a resolution
Paragraph 5 – point i a (new)
Paragraph 5 – point i a (new)
(ia) further promoting effective and sustainable competition, which is the main driver of efficient investment over time;
Amendment 73 #
2013/2080(INI)
Motion for a resolution
Paragraph 5 – point iv
Paragraph 5 – point iv
(iv) facilitating the development of pan- European providers. and the provision of cross-border business services;
Amendment 80 #
2013/2080(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the overall aims of the framework should continue to be the promotion of a sectoral ecosystem ofremain to promote a sectoral ecosystem of effective and sustainable competition and efficient investment, which benefits consumers and users, while consolidatingtributing to the development of the internal market infor communications;
Amendment 24 #
2013/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that action by the Commission in this area is being hampered by a lack of powers and too many constraintlicy coordination mechanisms; calls on the Commission to submit a study showing the mismatch between what it wishes to achieve and the tools available to it, as the basis for a debate within the Council and Parliament;
Amendment 25 #
2013/2062(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that the Commission should take into consideration the entire automotive sector, in particular subcontractors, retailers and aftermarket firms, in all future policy making processes on the sector.
Amendment 139 #
2013/2062(INI)
Motion for a resolution
Paragraph 35 – introductory part
Paragraph 35 – introductory part
35. Deplores the fact that, on the aftermarket, legal fragmentation is currently having an adverse effect on motorists and hampering fair and healthy competition within the industrial production system and between Member States; believes that legislation in this area should be fully harmonised and calls on the Member States to take the following main steps:.
Amendment 142 #
2013/2062(INI)
Motion for a resolution
Paragraph 35 – point a
Paragraph 35 – point a
Amendment 147 #
2013/2062(INI)
Motion for a resolution
Paragraph 35 – point b
Paragraph 35 – point b
Amendment 24 #
2013/2053(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that there is still room for improvement in the functioning of BEREC and the BEREC Office, while acknowledging that resources are still limited;
Amendment 27 #
2013/2053(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that the relationship between BEREC and NRAs should be better defined so that the internal organisation of BEREC is improved and duties and tasks are clearly demarcated;
Amendment 30 #
2013/2053(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that the role of BEREC be better defined and strengthened so as to facilitate the definition of common positions in order to enhance the internal market approach;
Amendment 35 #
2013/2053(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to ensure that the independence of NRAs is strengthened, not weakened, as this is the only way to ensure the overall independence of BEREC;
Amendment 39 #
2013/2053(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Deems of utmost importance for the coherence and consistency of BEREC's activity to better prioritise its agenda and foster communication with all interested stakeholders at the development stage of the Work Programme;
Amendment 43 #
2013/2053(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers that BEREC's external communication should be clarified and improved, in order to encourage stakeholder engagement on all levels of policy making;
Amendment 56 #
2013/2053(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recommends that the necessary changes be made and the necessary resources be considered to enable the BEREC Office to support more effectively and efficiently the substantive work of BEREC, instead of its only providing administrative support;
Amendment 6 #
2013/0542(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that, in the context of a changing world and an unprecedented crisis, Europeans, united by a shared destiny, need to be able to defend themselves and should recognise their joint strategic responsibility to take action on the international stage, and accordingly step up European cooperation with a view to ensure, as far as possible, strategic autonomy, by developing world-leading military and security capabilities using the most advanced technologies, including those which draw on the latest research;
Amendment 10 #
2013/0542(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for increased mutual transparency on defence planning, so that new and changing threats to the bloc's security can be addressed through the latest products and services, therefore avoiding duplication and reducing costs.
Amendment 12 #
2013/0542(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Takes the view that in order to have a permanent, competitive European defence industrial and technological base, the following are needed: autonomy in making assessments and decisions; freedom of action; security of supply; and access to technology and expertise in its use;
Amendment 17 #
2013/0542(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that while the European defence economy is facing several challenges, ranging from a decreased domestic demand to declining competitiveness compared to emerging economies, an open market approach will result in less duplication, larger economies of scale and increased industrial competition.
Amendment 23 #
2013/0542(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that it is time to put an end to the fragmentation of the defence market as regards supply and demand, and rules and standardsthat harmonisation of rules and standards would open the internal market to increased competition;
Amendment 34 #
2013/0542(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Supports the dual-use potential and encourages the dual-use of the products of the security and defence industries, particularly in the space, maritime and civil aviation fields;
Amendment 36 #
2013/0542(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Supports the dual-use potential of the products of the security and defence industries, particularly in the space, maritime, and civil aviviation and telecommunications fields;
Amendment 38 #
2013/0542(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the European Council to support those industrial and technological bases of the defence industry which are necessary for the production of certain equipment for which strategic autonomy and operational sovereignty needacknowledge that the European defence technological and industrial base (EDTIB) is essential in order to be retained, and to promote the recognition of industries involved in the defence sector by granting them special status, such as that of European economic defence operator, strategic autonomy in Europe;
Amendment 63 #
2013/0542(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Stresses the need to explore cooperation and pooling opportunities in the research and innovation fields at the highest technological level, especially in view of the increasing investment in this field by emerging economies, and to ensure that research results in the defence field are properly safeguarded, and believes that consideration should be given to a possible role for the EDA in this area;
Amendment 66 #
2013/0542(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights the importance of synergies between civilian and military research in areas with high added value; stresses that, while taking into account that certain projects have mainly civilian uses or are sovereign matters, the possibility of more effective dual use might be explored with a view to pooling costs, since these are sectors which create growth and jobs; further stresses that such synergies could also take the form of consolidating supply from private European sources to market outlets;
Amendment 67 #
2013/0542(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Considers that a European industrial defence policy should have the aim of: optimising Member States’ capabilities by coordinating the development, deployment and maintenance of a range of capabilities, installations, equipment and services with a view to performing the full range of tasks, including the most demanding missions; strengthening Europe’s defence industry; promoting research and technology cooperation, and developing equipment cooperation programmes;
Amendment 73 #
2013/0542(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Welcomes the creation of European satellite systems such as Galileo and Copernicus; stresses that the development of a system of that kind will be a major boost to the space industry and affords an opportunity to develop a strong industrial base and specifically-n essential facet of the European defence technologyical and industrial base;
Amendment 74 #
2013/0542(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Welcomes the creation of European satellite systems such as Galileo and Copernicus; stresses that the development of a system of that kind will be a major boost not only to the space industry but also to Europe's autonomy and affords an opportunity to develop a strong industrial base and specifically-European defence technology;
Amendment 79 #
2013/0542(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls on Member States, industries and the Commission to ensure that IT components and computer programmes are made in the EU or in partner countries with recognised similar or enhanced product safeguards so that they are less vulnerable to cyber attacks;
Amendment 80 #
2013/0542(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reminds that the Digital era brings about increasing challenges to the safety and security of infrastructure and technology, therefore highlighting the need for greater cooperation and exchange of know how among Member States, on the one hand, and among the European Union and its key partners, on the other;
Amendment 84 #
2013/0542(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Calls on the Commission and Member States to cooperate with one another in order to ensure that cyber-security is an integral part of the security and defence sectorhort, medium and long term strategy;
Amendment 91 #
2013/0542(INI)
Draft opinion
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Commission’s proposals on standardisation, and calls on the European Council to note them and put forward concrete proposals in this area;
Amendment 94 #
2013/0542(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Believes that the EU defence industry should strive to be the most innovative in the world in both military and civilian terms, by creating a solid common industrial and defence base fundamental upon high-level research and increased inter-state cooperation and transparency;
Amendment 97 #
2013/0542(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Calls on the European Council, without taking on a legislative role, to give the EU the impetus it needs and to lay down guidelines and overarching political priorities for strengthening the European defence technological and industrial base (EDTIB), which will be instrumental in giving the people and citizens of Europe, who are united by a shared destiny, a guarantee of peace, safety and security, and will place Europe in the strongest possible position in the world so that it can live by, support and promote their values.
Amendment 189 #
2012/2103(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Emphasises that a greater attention should be paid to energy usage in order to achieve the decarbonisation of the energy landscape; therefore stresses the need to give higher priority to demand-side management so as to ensure the deployment of technologies and systems to end-users, while also achieving the energy transition at a affordable and sustainable cost for the society as a whole;
Amendment 274 #
2012/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the new challenges, such as the need for flexible resources in the power system (e.g. flexible generation, storage, demand management), that will arise as the contribution of variable renewable generation increases, and emphasises the importance of infrastructure at distribution level and the important role that proactive consumers and distribution system operators (DSOs) play during the integration into the system of decentralised energy products and demand-side efficiency measures; stresses the need to have sufficient capacity available to ensure security of electricity supply; stresses, in this regard, that policy developments in Member States should not create new barriers to electricity- or gas- market integration; points out that granting higher priority to demand-side management and demand-side energy generation would considerably strengthen the integration of decentralised energy sources and would advance the achievement of overall energy policy objectives;
Amendment 347 #
2012/2103(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the key role of gas, both in the transition to a low-carbon energy system and as a flexible back-up, together with energy storage and demand-response technologies, and in balancing capacity where renewable energy supplies are variable;
Amendment 484 #
2012/2103(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that, while energy bills in Europe have risen in recent years, this development has given rise to a ‘'smart’', common sense-based approach to energy efficiency and energy savings; believes, regardless, that the role of ICT technologies is increasingly important for energy; highlights, in this context, the role of smart meters in providing consumers with data on energy consumption in households and businesses; underlines that consumers should become active stakeholders in energy efficiency by effectively monitoring and controlling their energy consumption;
Amendment 492 #
2012/2103(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Believes that energy infrastructure should become more end-user-oriented, with a stronger focus on the interactions between distribution system capacities and consumption; emphasises the need for real-time, two-directional power and information flows; and points out the benefits of new technologies for consumers, such as demand-side energy management and demand-response systems, that improve energy efficiency of supply and demand;
Amendment 2 #
2012/2099(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the general approach of linking cohesion policy to the Europe 2020 objectives and its flagship initiatives in order to move towards smart, sustainable and inclusive growth and to support the shift towards a low-carbon economy in all sectors; recalls, howeverin addition, the importance of the Structural Funds and the Cohesion Fund for achievin combating energy poverty ing the social dimensmost vulnerable regions of the energy policyEuropean Union, in accordance with the spirit of solidarity between Member States as enshrined in the Lisbon Treaty, and for combating energy poverty in the most vulnerable households;
Amendment 5 #
2012/2099(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that bureaucracy and lack of procedural clarity have made the accession of Cohesion and Structural Funds difficult and have discouraged the actors most in need of these funds from applying; supports, therefore, the simplification of the award process, the removal of red tape and increased flexibility in allocating these funds, so that the poorest Member States and regions can fully take advantage of the financial instruments meant to reduce regional and inter-state disparities;
Amendment 22 #
2012/2099(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers it to be of paramount importance to be able to use the Structural Funds, the Cohesion Fund and other financial and leverage instruments to finance energy efficiency and renewable energy use in the housing sprojectors; calls on the Commission and the Member States, therefore, to disseminate clear, easily accessible information on the financial instruments, incentives, grants and loans available to support energy efficiency servicesuch projects.
Amendment 25 #
2012/2099(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that the Cohesion Policy and the funds allocated to it should be delivered more effectively, based on the principles of proportionality, cost- effectiveness and accountability; supports, therefore, the use of financial instruments as leverage for private sector investment, especially in view of large energy infrastructure, energy efficiency and renewable energy projects;
Amendment 28 #
2012/2099(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Shares the Commission views on encouraging and increasing the use of financial instruments in Cohesion policy for the 2014-2020; considers that these instruments can prove to be very cost- efficient, creating a leverage effect by mobilising additional public or private co- investments in order to address market failures in the energy sector while minimizing market distortions;
Amendment 30 #
2012/2099(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Welcomes the Commission's new approach to apply financial instruments more widely to its Cohesion Policy, acknowledging the current financial scarcity and EU's financial needs to complete the 2020 strategy; believes that financial instruments provide an efficient and effective support for investments for projects with potential economic viability, believes that financial instruments should be tailored to the specific needs of regions and their target recipients, thereby improving significantly access to finance to the benefit of a wide range of socio- economic actors on the ground;
Amendment 31 #
2012/2099(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Welcomes the new proposal on the Connecting Europe Facility as an additional and complementary instrument to the Cohesion policy to address the extensive needs for investments to modernize and expand Europe's energy infrastructures, thereby contributing to the 2020 strategy targets; urges the Commission to maximize the coordination between the Cohesion and Structural Funds and the Connecting Europe Facility;
Amendment 5 #
2012/2043(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Draws attention to the ever-increasing number of petitions from European citizens from all the Member States asking for the regulations on animal protection and welfare to be tightened up in order to fill the existing loopholes. However, takes the position that the first step should be enforcing the compliance with the existing animal welfare regulations and stresses the need to implement "legal milestones" during the transitional period in future animal welfare legislation;
Amendment 14 #
2012/2043(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the European Animal Welfare Framework Law should include measures to solve the stray animal problem, which is particularly serious in the EU's southern and eastern Member States, and urges that EU funding be provided for the implementation of effective sterilisation and castration measures ; calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals;
Amendment 15 #
2012/2043(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Member States to adopt comprehensive dog population management strategies which include measures such as dog control and anti- cruelty laws, support for veterinary procedures including rabies vaccination and sterilisation as necessary to control the number of unwanted dogs, and the promotion of responsible pet ownership, as requested by the Written Declaration 0026/2011 adopted by the European Parliament;
Amendment 24 #
2012/2043(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls for better information of consumers about the methods of production of animal products or animal by-products and their impact on the welfare of animals in the form of transparent and adequate labelling and package leaflets;
Amendment 28 #
2012/2043(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Considers that there should be clear restrictions on the use of non-human primates and a ban on the use of wild- caught animals in scientific experiAnimal Testing Directive 2010/63 should be strictly implementsed;
Amendment 30 #
2012/2043(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Calls for an obligation to use non- animal alternative methods as far as possible and wherever scientifically available in order to reduce to a minimum experiments which involve severe and prolonged suffering for animals as regulated in the Animal Testing Directive 2010/63 .
Amendment 4 #
2012/2029(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, the current common global energy challenges require singletegrated, effective and equitable actions from the European Union on the international stage, in particular by strengthening the external dimension of its energy policy, by increasing diversification of both sources and routes, and by enhancing security of supply;
Amendment 10 #
2012/2029(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, the EU's import dependency for energy is likely to increase during the next decade due to depletion of internal fossil fuel resources, despite increasing importance ofnput from renewables, energy efficiency and research on energy technologies;
Amendment 32 #
2012/2029(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, ensuring consistency and coherence in the EU's external energy relations with key producers, transit and consumer countries is of critical importance, strategic and political coordination among Member States in negotiations with powerful energy suppliers in third countries, strategic and political coordination above Member States' level is essential;
Amendment 40 #
2012/2029(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need for strong coordination between Member States' policies and joint action in the field oforder to ensure energy security, transparency and full implementation of the internal energy market;
Amendment 46 #
2012/2029(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is of the opinion that a fully functioning, interconnected and integrated European internal energy market is an essential element for a successful European external energy policy and vice versa, thus the. The European energy regulatory framework is key in the process of building the internal energy market and should be promoted in partner countries by raising awareness on its purpose, advantages and benefits. The overall goal is to ensure that EU external energy policy and the bilateral agreements of the Member States must be in fully compliancey with EU legislation;
Amendment 52 #
2012/2029(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the strength resulting from the integration of thea fully functioning internal energy market should be fully exploitcan only be achieved by combining the means, expertise and capabilities of Member States, their independent national regulatory authorities and of the EU; calls, therefore, for increased transparency and more EU involvementassistance in negotiations of agreements between Member States and third countries, as these agreements could also impact on the functioning of the EU internal energy market;
Amendment 66 #
2012/2029(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that implementation of a consistent and coherent EU external energy policy requires regular coordination between the Member States and the Commission; calls on the Commission to hold regular exchanges with the Member States, notably through the proposed Strategic Group for International Energy Cooperation, on priorities and activities of the EU and Member States' external energy strategy at both political and expert levels; pledges for an involvement of independent energy regulators as experts in the Strategic Group for International Energy Cooperation given their experience and in depth knowledge of the functioning of cross border electricity and gas markets;
Amendment 68 #
2012/2029(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the effectiveness of the proposed measures by the European Commission could be enhanced by prioritising them, by establishing time frames and action plans indicating the progress achieved and deadlines;
Amendment 78 #
2012/2029(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is of the opinion that, where an infrastructure project of strategic importance affects the security of energy supply for the EU as a whole, the Council should consider granting the Commission a negotiating mandate to conductmandate to assist the concerned Member States in the negotiations, process; such a mandate should also be considered in case of other intergovernmental agreements considered to have a significant impact on the EU's general energy policy objectives;
Amendment 88 #
2012/2029(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that the EU's increasing dependency on imported fossil fuels may have significant effects on the independence of its decision-making in other policy areas, only and that only full interconnection, interdependence and solidarity among Member States can counterbalance this unfavourable phenomenon;
Amendment 98 #
2012/2029(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that actions for the diversification of suppliers, routes and sources of energy supply to the EU should be accelerated, especially those aimed at creating a real competitive market for gas, new transport corridors (Eastern Corridor, Southern Corridor and the Mediterranean Basin), and by creating real competitioncompetition among sources of gas supply sources by increasing the EU's share of LNG and by reaching new, remote suppliers (Australia, Canada, United States, Latin America, Sub-Saharan Africa, Central Asia, etc.), improving the interconnection of energy grids and completing the Euro- Mediterranean electricity and gas infrastructure rings, while also modernising and upgrading the existing fleet of electricity and gas power plants as well as infrastructure (grids and pipelines);
Amendment 103 #
2012/2029(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Welcomes the Commission's recommendations on enhanced political cooperation with the Eastern neighbours and deems as essential that Turkey's accession to the Energy Community Treaty and the opening of the energy chapter in EU accession negotiations are treated with utmost urgency; furthermore, salutes the initiative of a tripartite dialogue EU-Ukraine-Russia and emphasizes the need to ensure thorough political and administrative cooperation with both partners;
Amendment 128 #
2012/2029(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Gives importance to the pursuit of common-interest infrastructure projects, as defined in the Commission's 'Proposal for a Regulation on guidelines for trans- European energy infrastructure' and Commission's Communication 'Energy infrastructure priorities for 2020 and beyond'. Given the strategic importance of these projects, the resulting agreements with external partners must be appropriately prioritized, sustainably developed and swiftly concluded, within a rules-based market system;
Amendment 134 #
2012/2029(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that in the EU-Russia energy dialogue, where the EU should speak with one voice, the specific and dependent situation of the Central and Eastern European Member States should be taken into account, as their energy dependence can only be resolved by connecting EU- wide the entire energy infrastructureinfrastructure interconnection and by fully implementing theation of internal energy market rules;
Amendment 154 #
2012/2029(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers that the EU should work closely with third country major exporters of biofuels in order to ensure that these alternative, clean energy options, which can contribute to diversification of supply, can bare truly sustainable, and that indirect land use change with negative consequences can beis avoided;
Amendment 330 #
2012/0366(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
Amendment 76 #
2012/0297(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 89 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
2011/92/EU
Article 1, paragraph 2, point a, indent 1
Article 1, paragraph 2, point a, indent 1
- the execution of construction or demolition works, or of other installations or schemes, - the demolition works of construction or of installations or schemes, - other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources,.
Amendment 99 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
2011/92/EU
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Projects, including those with transboundary effect, for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shallmay be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation.
Amendment 103 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2011/92/EU
Article 3 – point b
Article 3 – point b
(b) land, soil, water, air and climate change;
Amendment 106 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 - point -a (new)
Article 1 – paragraph 1 – point 4 - point -a (new)
2011/92/EU
Article 4 – paragraph 2
Article 4 – paragraph 2
(-a) paragraph 2 is amended as follows: "2. Subject to Article 2(4), for projects listed in Annex II, Member States shall determine whether the project shall be made subject to an assessment in accordance with Articles 5 to 10. The developer may opt to make their project subject to an assessment in accordance with Articles 5 to 10. Member States shall make their determination through: (a) a case-by-case examination; or (b) thresholds or criteria set by the Member State.
Amendment 108 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
For projects listed in Annex II, with the exception of projects which do not meet a relevant threshold or criterion set by the Member State under paragraph 2(b), the developer shall provide information on the characteristics of the project, its potential significant impact on the environment and the measures envisaged in order to avoid and reduce significant effects. The detailed list of information to be provided is specified in Annex II.A.
Amendment 109 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
2011/92/EU
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When a case-by-case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2For projects listed in Annex II, the competent authority shall take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment. The detailed list of selection criteria to be used is specified in Annex III.“
Amendment 111 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
2011/92/EU
Article 4 – paragraph 5
Article 4 – paragraph 5
"5. The competent authority shall make its decistermination pursuant to paragraph 2, on the basis of thetaking into account any information provided by the developer under paragraph 3 and taking into account, where relevant, the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decisWhere the competent authority determines that no environmental impact assessment need to be carried out pursuant to Articles 5 to 10, then such determination shall be made available to the public. Otherwise, the determination pursuant to paragraph 2 shall:
Amendment 112 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
2011/92/EU
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) state how thewhich criteria in Annex III have been taken into account;
Amendment 115 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 1
Article 5 – paragraph 1
"1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall prepare an environmental report. The environmental report shall be based on the determination pursuant to paragraph 2 of this Article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project, taking into account current knowledge and methods of assessment, the characteristics, technical capacity and location of the project, and the characteristics of the potential impact, alternatives to the proposed project and the extent to which certain matters (including the evaluation of alternatives) are more appropriately assessed at different levels including the planning level, or on the basis of other assessment requirements. The detailed list of information to be provided in the environmental report is specified in Annex IV.
Amendment 119 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2. The competent authority, after having consulted the authorities referred to in Article 6(1) and the developer, shall determine the scope and level of detail of the information as provided in Annex IV to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determine:
Amendment 126 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The competent authority may also seek assistance from accredited and technically competindependent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority.
Amendment 127 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) the developer shall ensuremay also seek that the environmental report is prepared by accredited and technically competindependent experts or.
Amendment 128 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 3 – point b
Article 5 – paragraph 3 – point b
Amendment 129 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
Where accredited and technically competindependent experts assisted the competent authority to prepare the determination referred to in Article 5(2), the same experts shall not be used by the developer for the preparation of the environmental report.
Amendment 130 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2011/92/EU
Article 5 – paragraph 3 – subparagraph 3
Article 5 – paragraph 3 – subparagraph 3
The detailed arrangements for the use and selection of accredited and technically competindependent experts (for example qualifications required, assignment of evaluation, licensing, and disqualification sanctions), shall be determined by the Member States in accordance with the provisions of paragraph 4.
Amendment 133 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
The time-frames for consulting the public concerned on the environmental report referred to in Article 5(1) shall not be shorter than 30 days or longer than 60 days. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the competent authority may extend this time-frame by a further 3consultation time-frame up to 60 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension.
Amendment 140 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
2011/92/EU
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
If the competent authority decides to grant development consent, it shall ensure that the development consent includes, where appropriate, measures to monitor the significant adverse environmental effects of both construction and operational phases, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects and/or net biodiversity loss and to facilitate corrective action.
Amendment 141 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
2011/92/EU
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
The type of parameters to be monitored and the duration of the monitoring shall be proportionate to the nature, location and size of the proposed project and the significance of its environmental effects. The findings of such monitoring shall be submitted to the competent authority. Existing monitoring arrangements resulting from other Union legislation may be used if appropriate.
Amendment 143 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
2011/92/EU
Article 8 – paragraph 2 – subparagraph 4
Article 8 – paragraph 2 – subparagraph 4
Amendment 149 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
2011/92/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 154 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
2011/92/EU
Article 12 a and Article 12 b
Article 12 a and Article 12 b
Amendment 157 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point -1 (new)
Annex 1 – point -1 (new)
(-1) The following subpoint is inserted in paragraph 2, point d, of ANNEX II: "(iv) exploration of petroleum and/or natural gas trapped in strata of gas shales or other sedimentary rock formations with similarly low or lower permeability and porosity,"
Amendment 160 #
2012/0297(COD)
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
2011/92/EU
Annex III – paragraph 1 – point f
Annex III – paragraph 1 – point f
(f) the natural and man-made disaster risks and risk of accidents, with particular regard to hydromorphological changes, substances, or technologies or living organisms used, to specific surface and subsurface conditions or reasonable alternative use, and to the probability of accidents or disasters and the vulnerability of the project to these risks;
Amendment 72 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EC) No 443/2009
Article 5 a (new) – paragraph 2 a (new)
Article 5 a (new) – paragraph 2 a (new)
2a. The increase in the specific emission target of each manufacturer derived from the super-credits calculation shall be capped at 5 g CO2/km.
Amendment 75 #
2012/0190(COD)
Proposal for a regulation
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Regulation (EC) No 443/2009
Article 7 a (new)
Article 7 a (new)
(4a) The following Article is inserted: "Article 7a In service conformity 1. The provisions for in-service conformity as laid down in Article 9 and Annex II of Regulation (EC) No 692/2008 shall apply mutatis mutandis to fuel consumption and CO2 emissions of passenger cars during their normal useful life under normal conditions of use. 2. For all new vehicles the results of in- service testing may be accompanied by a verification report undertaken by an independent and certified body evaluating whether in-service testing was representative of normal conditions of use and adjustments warranted. 3. Member States shall make available to the public, in electronic form, the results of in-service testing and the accompanying verification report in accordance with Directive 2003/4/EC, and shall transmit those results and the verification report to the Commission within three months. 4. If the measured value of CO2 emissions for a passenger car during in-service testing exceeds its specific emissions of CO2 reported under Article 8(2) by more than 4 % , the Commission shall recalculate the average specific emissions of CO2 for the manufacturer of that year to determine compliance with the specific emissions target, in accordance with Article 8. Based on the recalculations, any exceeding of the specific emissions target shall be subject to an excess emissions premium in accordance with Article 9. 5. The Commission shall keep a central register of the results of in-service testing reported by national authorities and shall, on an annual basis, publish a synthesis report. The central register and synthesis reports shall be made available to the public in electronic form."
Amendment 190 #
2012/0011(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of protection should apply to anyonly to specific information concerning an identified or identifiable person. To determine whether a person is identifiable, account should be taken of all: (i) only of those means likely reasonably to be used either by the controller or by any other natural or legal person to identify the individual, and (ii) of the reasonable likeliness of a person being identified. The principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable from the data.
Amendment 191 #
2012/0011(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) This regulation recognises that pseudonymisation is in the benefit of all data subjects as, by definition, personal data is altered so that it of itself cannot be attributed to a data subject without the use additional data. By this, controllers shall be encouraged to the practice of pseudonymising data.
Amendment 193 #
2012/0011(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that identification numbers, location data, online identifiers or other specific factors as such need not necessarily be considered as personal data in all circumstances.
Amendment 198 #
2012/0011(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given explicitunambiguously by any appropriate method within the context of the product or service being offered enabling a freely given specific and informed indication of the data subject's wishes, 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 199 #
2012/0011(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) This regulation recognises that the pseudonymisation of data can help minimise the risks to privacy of data subjects. To the extent that a controller pseudonymises data such processing shall be considered justified as a legitimate interest of the controller according to point (f) of paragraph 1 of Article 6.
Amendment 200 #
2012/0011(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Personal data relating to health should include in particular all personal data pertaining to the health status of a data subject; information about the registration of the individual for the provision of health services; information about payments or eligibility for healthcare with respect to the individual; a number, symbol or particular assigned to an individual to uniquely identify the individual for health purposes; any information about the individual collected in the course of the provision of health services to the individual; informationpersonal data derived from the testing or examination of a body part or, bodily substance, including or biological samples; identification of a person as provider of healthcare to the individual; or any information on e.g. a disease, disability, disease risk, medical history, clinical treatment, or the actual physiological or biomedical state of the data subject independent of its source, such as e.g. from a physician or other health professional, a hospital, a medical device, or an in vitro diagnostic test.
Amendment 204 #
2012/0011(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) A group of undertakings should cover a controlling undertaking and its controlled undertakings, whereby the controlling undertaking should be the undertaking which can exercise a dominant influence over the other undertakings by virtue, for example, of ownership, financial participation or the rules which govern it or the power to have personal data protection rules implemented. A group of undertakings may nominate a single main establishment in the Union.
Amendment 213 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 225 #
2012/0011(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particularsuch as where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
Amendment 236 #
2012/0011(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Any person should have the right of access to personal data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the personal data are processed, for what period, which recipients receive the personal data, what is the logic of the personal data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.
Amendment 238 #
2012/0011(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The controller should use all reasonable measures within the context of the product or service being provided, or otherwise within the context of the relationship between the controller and the data subject, and the sensitivity of the personal data being processed to verify the identity of a data subject that requests access, in particular in the context of online services and online identifiers. A controller should not retain nor be forced to gather personal data for the unique purpose of being able to react to potential requests.
Amendment 250 #
2012/0011(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) To meet consumer and business expectations around the protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and, appropriate organisational measures armay be taken, both at the time of the design of the processing and at the time of the processing itself, to ensure that the requirements of this Regulation are met. In order to ensure and demonstrate compliance with this Regulation, the controller should adopt internal policies and implement appropriate measures, which meet in particular the principles of data protection by design and data protection by defaultMeasures having as an objective to increase consumer information and ease of choice shall be encouraged, based on industry cooperation and favouring innovative solutions, products and services.
Amendment 252 #
2012/0011(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller.
Amendment 253 #
2012/0011(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller.
Amendment 256 #
2012/0011(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to demonstrate compliance with this Regulation, the controller or processor should document each processing operation under its responsibility. Each controller and processor should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations.
Amendment 263 #
2012/0011(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Directive 95/46/EC provided for a general obligation to notify processing of personal data to the supervisory authorities. While this obligation produces administrative and financial burdens, it did not in all cases contribute to improving the protection of personal data. Therefore such indiscriminate general notification obligation should be abolished, and replaced by effective procedures and mechanism which focus instead on those processing operations which are likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes. In such cases, a data protection impact assessment should be carried out by the controller or processor prior to the processing, which should include in particular the envisaged measures, safeguards and mechanisms for ensuring the protection of personal data and for demonstrating the compliance with this Regulation.
Amendment 265 #
2012/0011(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) Where a data protection impact assessment indicates that processing operations involve a high degree of specific risks to the rights and freedoms of data subjects, such as excluding individuals from their right, or by the use of specific new technologies, the supervisory authority should be consulted, prior to the start of operations, on a risky processing which might not be in compliance with this Regulation, and to make proposals to remedy such situation. Such consultation should equally take place in the course of the preparation either of a measure by the national parliament or of a measure based on such legislative measure which defines the nature of the processing and lays down appropriate safeguards.
Amendment 274 #
2012/0011(COD)
Proposal for a regulation
Recital 84
Recital 84
(84) The possibility for the controller or processor to use standard data protection clauses adopted by the Commission or by a supervisory authority should neither prevent the possibility for controllers or processors to include the standard data protection clauses in a wider contract nor to add other clauses as long as they do not contradict, directly or indirectly, the standard contractual clauses adopted by the Commission or by a supervisory authority or prejudice the fundamental rights or freedoms of the data subjects. In some scenarios, it may be appropriate to encourage controllers and processors to provide even more robust safeguards via additional contractual commitments that supplement standard data protection clauses.
Amendment 285 #
2012/0011(COD)
Proposal for a regulation
Recital 97
Recital 97
(97) Where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union takes place in more than one Member State, one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the Union and taking the related decisions, in order to increase the consistent application, provide legal certainty and reduce administrative burden for such controllers and processors.
Amendment 288 #
2012/0011(COD)
Proposal for a regulation
Recital 105
Recital 105
(105) In order to ensure the consistent application of this Regulation throughout the Union, a consistency mechanism for co-operation between the supervisory authorities themselves and the Commission should be established. This mechanism should in particular apply where athe competent supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several Member States, , or to the monitoring such data subjects, or that might substantially affect the free flow of personal data. It should also apply where any supervisory authority or the Commission requests that the matter should be dealt with in the consistency mechanism. This mechanism should be without prejudice to any measures that the Commission may take in the exercise of its powers under the Treaties.
Amendment 297 #
2012/0011(COD)
Proposal for a regulation
Recital 129
Recital 129
(129) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data, and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, delegated acts should be adopted in respect of lawfulness of processing; specifying the criteria and conditions in relation to the consent of a child; processing of special categories of data; specifying the criteria and conditions for manifestly excessive requests and fees for exercising the rights of the data subject; criteria and requirements for the information to the data subject and in relation to the right of access; the right to be forgotten and to erasure; measures based on profiling; criteria and requirements in relation to the responsibility of the controller and to data protection by design and by default; a processor; criteria and requirements for the documentation and the security of processing; criteria and requirements for establishing a personal data breach and for its notification to the supervisory authority, and on the circumstances where a personal data breach is likely to adversely affect the data subject; the criteria and conditions for processing operations requiring a data protection impact assessment; the criteria and requirements for determining a high degree of specific risks which require prior consultation; designation and tasks of the data protection officer; codes of conduct; criteria and requirements for certification mechanisms; criteria and requirements for transfers by way of binding corporate rules; transfer derogations; administrative sanctions; processing for health purposes; processing in the employment context and processing for historical, statistical and scientific research purposes. 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 Councilppropriate industry-led measures and policies shall take due account of the principles of technology, service and business model neutrality so as to favour the free movement of personal data within the Union.
Amendment 299 #
2012/0011(COD)
Proposal for a regulation
Recital 130
Recital 130
(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and to the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament andimplementing the provisions of this Regulation, it shall be ensured that no mandatory requirements for specific technical features are imposed on products and services, including terminal or other electronic communications equipment, which could impede the placing of equipment ofn 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 implemarket and the free circulation of such equipment ing powers46 . In this context, the Commission should consider specific measures for micro, small and medium- sized enterpris and between Member States.
Amendment 300 #
2012/0011(COD)
Proposal for a regulation
Recital 130
Recital 130
(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and to the documentation; specific requirements for the security of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers46 . In this context, the Commission should consider specific measures for micro, small and medium- sized enterpris. In implementing the provisions of this Regulation, it shall be ensured that no mandatory requirements for specific technical features are imposed on products and services, including terminal or other electronic communications equipment, which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.
Amendment 303 #
2012/0011(COD)
Proposal for a regulation
Recital 139
Recital 139
(139) In view of the fact that, as underlined by the Court of Justice of the European Union, the right to the protection of personal data is not an absolute right, but must be considered in relation to its function in society and the actual and potential advances in science, health and technology and be balanced with other fundamental rights, in accordance with the principle of proportionality, this Regulation respects all fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union as enshrined in the Treaties, notably the right to respect for private and family life, home and communications, the right to the protection of personal data, the freedom of thought, conscience and religion, the freedom of expression and information, the freedom to conduct a business, the right to property and in particular the protection of intellectual property the right to an effective remedy and to a fair trial as well as cultural, religious and linguistic diversity.
Amendment 308 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the processing of personal data wholly or partly by automated means, without discrimination between such processing means, and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
Amendment 318 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) which have been rendered anonymous within the meaning of Article 4(2(b)(new);
Amendment 324 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person and who is not acting in his/her professional capacity;
Amendment 328 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) ‘personal data’ means any informationdata specifically relating to a data subject whose specific identity can be identified, directly or indirectly by the controller;
Amendment 329 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2a) 'identification number' means any numeric, alphanumeric or similar code typically used in the online space, excluding codes assigned by a public or state controlled authority to identify a natural person as an individual.
Amendment 335 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘controller’ means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, conditions and means of the processing of personal data; where the purposes, conditions and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;
Amendment 336 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘'controller’' means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, conditions and means of the processing of personal data; where the purposes, conditions and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;
Amendment 337 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 6
Article 4 – paragraph 1 – point 6
(6) ‘processor’ means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller; is able to access personal data in a technically feasible way, without disproportionate effort, and is reasonably likely to gain knowledge of its content;
Amendment 340 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Article 4 – paragraph 1 – point 8
(8) ‘the data subject's consent’ means any freely given specific, informed and explicitunambiguous indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;
Amendment 345 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
(10) ‘genetic data’ means all data, of whatever type, concerning the characteristics of an individual which are inherited or acquired during early prenatal developmentinformation on the hereditary characteristics, or alteration thereof, of an identified or identifiable person, obtained through nucleic acid analysis;
Amendment 346 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 12
Article 4 – paragraph 1 – point 12
(12) ‘data concerning health’ means any informationpersonal data which relates to the physical or mental health of an individual, or to the provision of health services to the individual;
Amendment 350 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 13 a (new)
Article 4 – paragraph 1 – point 13 a (new)
(13a) 'competent supervisory authority' means the supervisory authority which shall be solely competent for the supervision of a controller in accordance with Articles 51(2), 51(3) and 51(4).
Amendment 351 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 14
Article 4 – paragraph 1 – point 14
(14) ‘representative’ means any natural or legal person established in the Union who, explicitly designated by the controller, acts and mayshall be addressed by anythe competent supervisory authority and other bodies in the Union instead of the controller, with regard to the obligations of the controller under this Regulation;
Amendment 352 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 14
Article 4 – paragraph 1 – point 14
(14) ‘representative’ means any natural or legal person established in the Union who, explicitly designated by the controller, acts and mashall only be addressed by any supervisory authority and other bodies in the Union instead of the controllerof the establishment of the representative, with regard to the obligations of the controller under this Regulation;
Amendment 354 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 18
Article 4 – paragraph 1 – point 18
(18) ‘child’ means any person below the age of 183 years;
Amendment 356 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19 a (new)
Article 4 – paragraph 1 – point 19 a (new)
(19a) 'financial crime' means criminal offences in connection with organised crime, racketeering, terrorism, terrorist financing, trafficking in human beings, migrant smuggling, sexual exploitation, trafficking in narcotic drugs and psychotropic substances, illegal arms trafficking, trafficking in stolen goods, corruption, bribery, fraud, counterfeiting currency, counterfeiting and piracy of products, environmental offences, kidnapping, illegal restraint and hostage- taking, robbery, theft, smuggling, offences related to taxation, extortion, forgery, piracy, insider trading and market manipulation.
Amendment 358 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) adequate, relevant, and limited to the minimum necessaryproportionate in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;
Amendment 360 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) accurate and where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without undue delay;
Amendment 361 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the data will be processed solely for historical, statistical or scientific research purposes in accordance with the rules and conditions of Article 83 and if a periodic review is carried out to assess the necessity to continue the storage;
Amendment 364 #
2012/0011(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation does not address issues of protection of fundamental rights and freedoms or the free flow of data related to activities which fall outside the scope of Union law, nor does it cover the processing of personal data by the Union institutions, bodies, offices and agencies, which are subject to Regulation (EC) No 45/2001, or the processing of personal data by the Member States when carrying out activities in relation to the common foreign and security policy of the Union.
Amendment 366 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) processing is necessary for compliance with a legal obligation to which the controller is subject, regulatory rule, guidance, industry code of practice, either domestically or internationally to which the controller is subject including the requirements of supervisory authorities;
Amendment 367 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) processing of data necessary to ensure network and information security;
Amendment 370 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller in adequacy with points (a) to (e) of the same paragraph, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 372 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, or on behalf of, a controller or a processor, including for the security of processing, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 375 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) the data are collected from public registers, lists or documents accessible by everyone;
Amendment 376 #
2012/0011(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Any processing of personal data of data subjects residing in the Union in the context of the activities of an establishment of a controller or a processor in the Union should be carried out in accordance with this Regulation, regardless of whether the processing itself takes place within the Union or not. Establishment implies the effective and real exercise of activity through stable arrangements. The legal form of such arrangements, whether through a branch or a subsidiary with a legal personality, is not the determining factor in this respect.
Amendment 378 #
2012/0011(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure that individuals are not deprived of the protection to which they are entitled under this Regulation, the processing of personal data of data subjects residing in the Union by a controller not established in the Union should be subject to this Regulation where the processing activities are related to the offering of goods or services to such data subjects, or to the monitoring of the behaviour of such data subjects.
Amendment 380 #
2012/0011(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to determt should be ascertained whether a processing activity can be considered to ‘monitor the behaviour’ of data subjects, it should be ascertained whether individuals are trackedinvolves tracking of individuals on the internet with data processing techniques which consist of applying a ‘profile’ to an individual, particularly in order to take decisions concerning her or him or for analysing or predicting her or his personal preferences, behaviours and attitudes.
Amendment 381 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f b (new)
Article 6 – paragraph 1 – point f b (new)
(fb) processing is conducted for the purpose of anonymisation.
Amendment 383 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. PSubsequent processing of personal data which is necessary for the purposes of historical, statistical or scientific research shall be lawful subject to the conditions and safeguards referred to in Article 83.
Amendment 390 #
2012/0011(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The principles of protection should apply to anyonly to specific information concerning an identified or identifiable person. To determine whether a person is identifiable, account should be taken of all: (i) only of those means likely reasonably to be used either by the controller or by any other natural or legal person to identify the individual, and (ii) of the reasonably likeliness of a person being identified. The principles of data protection should not apply to data rendered anonymous in such a way that the data subject is no longer identifiable from the data.
Amendment 395 #
2012/0011(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) This Regulation recognises that pseudonymisation is in the benefit of all data subjects as, by definition, personal data is altered so that it of itself cannot be attributed to a data subject without the use of additional data. By this, controllers should be encouraged to the practice of pseudonymising data.
Amendment 396 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 399 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 402 #
2012/0011(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) When using online services, individuals may be associated with online identifiers provided by their devices, applications, tools and protocols, such as Internet Protocol addresses or cookie identifiers. This may leave traces which, combined with unique identifiers and other information received by the servers, may be used to create profiles of the individuals and identify them. It follows that identification numbers, location data, online identifiers or other specific factors as such need not necessarily be considered as personal data in all circumstances.
Amendment 403 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of this Regulation, in relation to the offering of information society services directly to a child, the processing of personal data of a childdata subject below the age of 13 years shall only be lawful if and to the extent that consent is given or authorised by the child's parent or custodian. The controller shall make reasonable efforts to obtain verifiable consent, taking into consideration available technology.
Amendment 406 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 408 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 408 #
2012/0011(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Consent should be given explicitunambiguously by any appropriate method within the context of the product or service being offered enabling a freely given specific and informed indication of the data subject’s wishes, 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 415 #
2012/0011(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) This Regulation recognises that the pseudonymisation of data can help minimise the risks to privacy of data subjects. To the extent that a controller pseudonymises data, such processing should be considered justified as a legitimate interest of the controller.
Amendment 417 #
2012/0011(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Personal data including genetic information relating to health should include in particular all data pertaining to the health status of a data subject; information about the registration of the individual for the provision of health services; information about payments or eligibility for healthcare with respect to the individual; a number, symbol or particular assigned to an individual to uniquely identify the individual for health purposes; any information about the individual collected in the course of the provision of health services to the individual; information derived from the testing or examination of a body part or bodily substance, including biological samples; identification of a person as provider of healthcare to the individual; or any information on e.g. a disease, disability, disease risk, medical history, clinical treatment, or the actual physiological or biomedical state of the data subject independent of its source, such as e.g. from a physician or other health professional, a hospital, a medical device, or an in vitro diagnostic test.
Amendment 419 #
2012/0011(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Personal data relating to health should include in particular all personal data pertaining to the health status of a data subject; information about the registration of the individual for the provision of health services; information about payments or eligibility for healthcare with respect to the individual; a number, symbol or particular assigned to an individual to uniquely identify the individual for health purposes; any information about the individual collected in the course of the provision of health services to the individual; informationpersonal data derived from the testing or examination of a body part or, bodily substance, including or biological samples; identification of a person as provider of healthcare to the individual; or any information on e.g. a disease, disability, disease risk, medical history, clinical treatment, or the actual physiological or biomedical state of the data subject independent of its source, such as e.g. from a physician or other health professional, a hospital, a medical device, or an in vitro diagnostic test.
Amendment 423 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of officialsubject to the conditions and safeguards referred to in Article 83a or under the supervision of a supervisory authority or when the processing is necessary for compliance with or to avoid a breach of a legal or regulatory obligation to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A complete register of criminal convictions shall be kept only under the control of official authority.
Amendment 424 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j a (new)
Article 9 – paragraph 2 – point j a (new)
(ja) processing of data concerning health is necessary for private social protection, especially by providing income security or tools to manage risks that are in the interests of the data subject and his or her dependants and assets, or by enhancing inter-generational equity by means of distribution.
Amendment 424 #
2012/0011(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) A group of undertakings should cover a controlling undertaking and its controlled undertakings, whereby the controlling undertaking should be the undertaking which can exercise a dominant influence over the other undertakings by virtue, for example, of ownership, financial participation or the rules which govern it or the power to have personal data protection rules implemented. A group of undertakings may nominate a single main establishment in the Union.
Amendment 428 #
2012/0011(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Data Protection Regulation should not apply to data rendered anonymous. If the data processed by a controller do not permit the controller to identify a natural person, the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.
Amendment 429 #
2012/0011(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
If the data processed by a controller do not permit the controller, through means used by the controller, to identify a natural person, the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.
Amendment 429 #
2012/0011(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The same personal data can have different significance depending on the context of and the risks represented by its processing. Controllers should therefore implement appropriate technical and organisational measures and procedures in respect to the context of and the risks represented by the data processing.
Amendment 433 #
2012/0011(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Any processing of personal data should be lawful, fair and transparent in relation to the individuals concerned. In particular, the specific purposes for which the data are processed should be explicit and legitimate and determined at the time of the collection of the data. The data should be adequate, relevant and limited to the minimum necessary for the purposes for which the data are processed; this requires in particular ensuring that the data collected are not excessive and that the period for which the data are stored is limited to a strict minimum. Personal data should only be processed if the purpose of the processing could not be fulfilled by other means. Every reasonable step should be taken to ensure that personal data which are inaccurate are rectified or deleted. In order to ensure that the data are not kept longer than necessary, time limits should be established by the controller for erasure or for a periodic review.
Amendment 436 #
2012/0011(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Article 12 of Directive 2002/58/EC and Articles 20 and 21(3)(e) of 2002/22/EC are an application of the data subjects' right to transparent information and communication which requires that the controller informs data subjects of their rights with respect to the use of their personal information and draws attention to the presence of systems which have been developed in accordance with the principles of privacy by design.
Amendment 438 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The controller shall establish procedures for providing the information referred to in Article 14 and for the exercise of the rights of data subjects referred to in Article 13 and Articles 15 to 19. The controller shall provide in particular mechanisms for facilitating the request for the actions referred to in Article 13 and Articles 15 to 19. Where personal data are processed by automated means, the controller shallmay also provide means for requests to be made electronically.
Amendment 439 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The controller shall inform the data subject without delay and, at the latest within one month of receipt of the request, whether or not any action has been taken pursuant to Article 13 and Articles 15 to 19 and shall provide the requested information. This period may be prolonged for a further month, if several data subjects exercise their rights and their cooperation is necessary to a reasonable extent to prevent an unnecessary and disproportionate effort on the part of the controller. The information shall be given in writing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject or unless the controller has reason to believe that providing the information in electronic form would create a significant risk of fraud.
Amendment 440 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are manifestly excessive, in particular because of their repetitive character, the controller may charge a fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive character of the requestcharges for taking action or providing information upon the request of data subject referred to in paragraph 1 shall not exceed actual costs of handling the requests born by the controller.
Amendment 442 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 444 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Commission may lay down standard forms and specifying standard procedures for the communication referred to in paragraph 2, including the electronic format. In doing so, the Commission shall take the appropriate measures for micro, small and medium- sized enterprises. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 456 #
2012/0011(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The legitimate interests of a controller, or the third party or parties in whose interest the data is processed, may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding. This would need careful assessment in particular where the data subject is a child, given that children deserve specific protection. The data subject should have the right to object the processing, on grounds relating to their particular situation and free of charge. To ensure transparency, the controller should be obliged to explicitly inform the data subject on the legitimate interests pursued and on the right to object, and also be obliged to document these legitimate interests. Given that it is for the legislator to provide by law the legal basis for public authorities to process data, this legal ground should not apply for the processing by public authorities in the performance of their tasks.
Amendment 463 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
Article 14 – paragraph 5 – point d a (new)
(da) the data originates from publicly available sources
Amendment 465 #
2012/0011(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) The processing of personal data for other purposes should be only allowed where the processing is compatible with those purposes for which the data have been initially collected, in particularsuch as where the processing is necessary for historical, statistical or scientific research purposes. Where the other purpose is not compatible with the initial one for which the data are collected, the controller should obtain the consent of the data subject for this other purpose or should base the processing on another legitimate ground for lawful processing, in particular where provided by Union law or the law of the Member State to which the controller is subject. In any case, the application of the principles set out by this Regulation and in particular the information of the data subject on those other purposes should be ensured.
Amendment 472 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) the significance and envisaged consequences of such processing, at least in the case of measures referred to in Article 20.
Amendment 477 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Commission may specifyuggest standard forms and specify procedures for requesting and granting access to the information referred to in paragraph 1, including for verification of the identity of the data subject and communicating the personal data to the data subject, taking into account the specific features and necessities of various sectors and data processing situations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 478 #
2012/0011(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Modalities should be provided for facilitating the data subject’s exercise of their rights provided by this Regulation, including mechanisms to request, free of charge, in particular access to data, rectification, erasure and to exercise the right to object. The controller should be obliged to respond to requests of the data subject within a fixed deadline and give reasons, in case he does not comply with the data subject’s request.
Amendment 480 #
Amendment 481 #
2012/0011(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) The principles of fair and transparent processing require that the data subject should be informed in particular of the existence of the processing operation and its purposes, how long the datathe estimated period of time for which the will be stored, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.
Amendment 483 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the data are no longer necessary in relation to the purposes for which they were collected or otherwise processfurther processed and the legally mandatory minimum retention period has expired;
Amendment 484 #
2012/0011(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Any person should have the right of access to personal data which has been collected concerning them, and to exercise this right easily, in order to be aware and verify the lawfulness of the processing. Every data subject should therefore have the right to know and obtain communication in particular for what purposes the personal data are processed, for what period, which recipients receive the personal data, what is the logic of the personal data that are undergoing the processing and what might be, at least when based on profiling, the consequences of such processing. This right should not adversely affect the rights and freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of these considerations should not be that all information is refused to the data subject.
Amendment 485 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or when the storage period consented to has expired, and where there is no other legal ground for the processing or storage of the data;
Amendment 486 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) the data subject objects to the processing of personal data pursuant to Article 19, and the objection is upheld;
Amendment 488 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The controller shall take all reasonable steps to communicate any erasure to each legal entity to whom the data have been disclosed.
Amendment 488 #
2012/0011(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The controller should use all reasonable measures within the context of the product or service being provided, or otherwise within the context of the relationship between the controller and the data subject, and the sensitivity of the personal data being processed to verify the identity of a data subject that requests access, in particular in the context of online services and online identifiers. A controller should not retain nor be forced to gather personal data for the unique purpose of being able to react to potential requests.
Amendment 489 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1b. The application of paragraph 1 is dependent upon the ability of the data controller to confirm the identity of the data subject making the erasure request.
Amendment 491 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the controller referred to in paragraph 1 has made the personal data public, it shall take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third partieslegal entities to whom the original controller had authorised to further process personal data and which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where tThe controller has authorised a third party publication ofwill not be responsible for the personal data, the controller shall be considered responsible for thatat the data subject has made publication.
Amendment 492 #
2012/0011(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Any person should have the right to have personal data concerning them rectified and a ‘right to be forgotten’ where the retention of such data is not in compliance with this Regulation. In particular, data subjects should have the right that their personal data are erased and no longer processed, where the data are no longer necessary in relation to the purposes for which the data are collected or otherwise processed, where data subjects have withdrawn their consent for processing or where they object to the processing of personal data concerning them or where the processing of their personal data otherwise does not comply with this Regulation. This right is particularly relevant, when the data subject has given their consent as a child, when not being fully aware of the risks involved by the processing, and later wants to remove such personal data especially on the Internet. However, the further retention of the data should be allowed where it is necessary for historical, statistical and scientific research purposes, for reasons of public interest in the area of public health, for exercising the right of freedom of expression, when required by law or where there is a reason to restrict the processing of the data instead of erasing them.
Amendment 496 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. The controller shall carry out the erasure without undue delay, except to the extent that the retention and dissemination of the personal data is necessary:
Amendment 499 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point e a (new)
Article 17 – paragraph 3 – point e a (new)
(ea) for prevention or detection of fraud, confirming identity, and/or determining creditworthiness, or ability to pay.
Amendment 500 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6a. Requests for the rectification, erasure or blocking of data shall not prejudice processing that is necessary to secure, protect and maintain the resiliency of one or more information systems. In addition, the right of rectification and/or erasure or personal data shall not apply to any personal data that is required to be maintained by legal obligation or to protect the rights of the controller, processor or third parties.
Amendment 500 #
2012/0011(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 501 #
2012/0011(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 506 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the data subject has provided the personal data and the processing is based on consent or on a contract, the data subject shall have the right to transmit those personal data and any other information provided by the data subject and retained by an automated processing system, into another one, in an electronic format which is commonly used, without hindrance from the controller from whom the personal data are withdrawn.
Amendment 514 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Commission may specify the electronic format referred to in paragraph 1 and the technical standards, modalities and procedures for the transmission of personal data pursuant to paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 515 #
2012/0011(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Controller must ensure that sufficient documentation for a data subject's identity has been received, when the data subject enforces the rights referred to in articles 14-19 in this regulation.
Amendment 517 #
2012/0011(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) Restrictions on specific principles and on the rights of information, access, rectification and erasure or on the right to data portability, the right to object, measures based on profiling, as well as on the communication of a personal data breach to a data subject and on certain related obligations of the controllers may be imposed by Union or Member State law, as far as necessary and proportionate in a democratic society to safeguard public security, including the protection of human life especially in response to natural or man made disasters, the prevention, investigation and prosecution of criminal offences or of breaches of ethics for regulated professions, other public interests of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or the protection of the data subject or the rights and freedoms of others. Those restrictions should be in compliance with requirements set out by the Charter of Fundamental Rights of the European Union and by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Amendment 518 #
2012/0011(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) ComprehensiveOverall responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller’s behalf should be established in order to ensure accountability. In particular, the controller should ensure and be obliged to demonstrate the compliance of each processing operation with this Regulation.
Amendment 520 #
2012/0011(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) To meet consumer and business expectations around the protection of the rights and freedoms of data subjects with regard to the processing of personal data require that appropriate technical and, appropriate organisational measures arshould be taken, both at the time of the design of the processing and at the time of the processing itself, to ensure that the requirements of this Regulation are met. In order to ensure and demonstrate compliance with this Regulation, the controller should adopt internal policies and implement appropriate measures, which meet in particular the principles of data protection by design and data protection by defaultMeasures having as an objective to increase consumer information and ease of choice should be encouraged, based on industry cooperation and favouring innovative solutions, products and services.
Amendment 522 #
2012/0011(COD)
Proposal for a regulation
Recital 62
Recital 62
(62) The protection of the rights and freedoms of data subjects as well as the responsibility and liability of controllers and processor, also in relation to the monitoring by and measures of supervisory authorities, requires a clear attribution of the responsibilities under this Regulation, including where a controller determines the purposes, conditions and means of the processing jointly with other controllers or where a processing operation is carried out on behalf of a controller.
Amendment 526 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every ndatural persona subject shall have the right to request not to be subject to a measure which produces legal effects concerningadversely affects this ndatural person or significantly affects this natural person,a subject and which is based solely on automated processing of data intended to evaluate certain personal aspects relating to this natural person or to, analyse or predict in particular the ndatural persona subject's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 527 #
2012/0011(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) Where a controller not established in the Union is processing personal data of data subjects residing in the Union whose processing activities are related to the offering of goods or services to such data subjects, or to the monitoring their behaviour, the controller should designate a representative, unless the controller is established in a third country ensuring an adequate level of protection, or the controller is a small or medium sized enterprise or a public authority or body or where the controller is only occasionally offering goods or services to such data subjects. The representative should act on behalf of the controller and may be addressed by anythe competent supervisory authority.
Amendment 529 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Data controllers should notify the data subject where such processing takes place and give the individual the right to have any such decision reviewed.
Amendment 530 #
2012/0011(COD)
Proposal for a regulation
Recital 65
Recital 65
(65) In order to demonstrate compliance with this Regulation, the controller or processor should document each processing operation under its responsibility. Each controller and processor should be obliged to co-operate with the supervisory authority and make this documentation, on request, available to it, so that it might serve for monitoring those processing operations.
Amendment 531 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1b. Is based on the legitimate interests pursued by the data controller.
Amendment 535 #
2012/0011(COD)
Proposal for a regulation
Recital 66
Recital 66
(66) In order to maintain security and to prevent processing in breach of this Regulation, the controller or processor should evaluate the risks inherent to the processing and implement measures to mitigate those risks. These measures should ensure an appropriate level of security, taking into account the state of the art and the costs of their implementation in relation to the risks and the nature of the personal data to be protected. When establishing technical standards and organisational measures to ensure security of processing, the Commission should promote technological neutrality, interoperability and innovation, and, where appropriate, cooperate with third countries.
Amendment 536 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Subject to the other provisions of this Regulation, a persondata subject may be subjected to a measure of the kind referred to in paragraph 1 only if the processing:
Amendment 541 #
2012/0011(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) A personal data breach may, if not addressed in an adequate and timely manner, result in substantial economic loss and social harm, including identity fraud, to the individual concerned. Therefore, as soon as the controller becomes aware that such a breach has occurred, the controller should notify the breach to the supervisory authority without undue delay and, where feasible, within 24 hours. Where this cannot achieved within 24 hours, an explanation of the reasons for the delay should accompany the notification. The individuals whose personal data could be adversely affected by the breach should be notified without undue delay in order to allow them to take the necessary precautions. A breach should be considered as adversely affecting the personal data or privacy of a data subject where it could result in, for example, identity theft or fraud, physical harm, significant humiliation or damage to reputation. The notification should describe the nature of the personal data breach as well as recommendations as well as recommendations for the individual concerned to mitigate potential adverse effects. Notifications to data subjects should be made as soon as reasonably feasible, and in close cooperation with the supervisory authority and respecting guidance provided by it or other relevant authorities (e.g. law enforcement authorities). For example, the chance for data subjects to mitigate an immediate risk of harm would call for a prompt notification of data subjects whereas the need to implement appropriate measures against continuing or similar data breaches may justify a longer delay.
Amendment 542 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) is expressly authorized bynecessary to comply with a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests; or
Amendment 545 #
2012/0011(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Directive 95/46/EC provided for a general obligation to notify processing of personal data to the supervisory authorities. While this obligation produces administrative and financial burdens, it did not in all cases contribute to improving the protection of personal data. Therefore such indiscriminate general notification obligation should be abolished, and replaced by effective procedures and mechanism which focus instead on those processing operations which are likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes. In such cases, a data protection impact assessment should be carried out by the controller or processor prior to the processing, which should include in particular the envisaged measures, safeguards and mechanisms for ensuring the protection of personal data and for demonstrating the compliance with this Regulation.
Amendment 547 #
2012/0011(COD)
Proposal for a regulation
Recital 71
Recital 71
Amendment 555 #
2012/0011(COD)
Proposal for a regulation
Recital 74
Recital 74
(74) Where a data protection impact assessment indicates that processing operations involve a high degree of specific risks to the rights and freedoms of data subjects, such as excluding individuals from their right, or by the use of specific new technologies, the supervisory authority should be consulted, prior to the start of operations, on a risky processing which might not be in compliance with this Regulation, and to make proposals to remedy such situation. Such consultation should equally take place in the course of the preparation either of a measure by the national parliament or of a measure based on such legislative measure which defines the nature of the processing and lays down appropriate safeguards.
Amendment 556 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Article 14 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1 and the envisaged effects of such processing on the data subject.
Amendment 559 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 566 #
2012/0011(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) Where the processing is carried out in the public sector or where, in the private sector, processing is carried out by a large enterprise, or where its core activities, regardless of the size of the enterprise, involve processing operations which require regular and systematic monitoring, a person or an organisation should assist the controller or processor to monitor internal compliance with this Regulation. Such data protection officers, whether or not an employee of the controller, or data protections organisations should be in a position to perform their duties and tasks independently.
Amendment 571 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The controller shall adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this RegulatioHaving regard to the state of the art, the nature of personal data processing and the type of the organization, both at the time of the determination of the means for processing and at the time of the processing itself, appropriate and demonstrable technical and organizational measures should be implemented in such a way that the processing will meet the requirements of this Regulation and ensures the protection of the rights of the data subject by design.
Amendment 572 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Upon request by the competent data protection authority, the controller or processor shall demonstrate the existence of technical and organizational measures.
Amendment 573 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. Group of undertakings may apply joint technical and organizational measures to meet its obligations arising from the Regulation.
Amendment 574 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. This article does not apply to a natural person processing personal data without commercial interest.
Amendment 575 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. TheSuch measures provided for in paragraph 1 shall in particular includeinclude, without limitation:
Amendment 576 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) keeping the documentation pursuant to Article 28independent management oversight of processing of personal data to ensure the existence and effectiveness of the technical and organizational measures;
Amendment 578 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) implementing the data security requirements laid down in Article 30; existence of proper policies, instructions or other guidelines to guide data processing needed to comply with the Regulation as well as procedures and enforcement to make such guidelines effective;
Amendment 579 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) performing a data protection impact assessment pursuant to Article 33existence of proper planning procedures to ensure compliance and to address potentially risky processing of personal data prior to the commencement of the processing;
Amendment 579 #
2012/0011(COD)
Proposal for a regulation
Recital 84
Recital 84
(84) The possibility for the controller or processor to use standard data protection clauses adopted by the Commission or by a supervisory authority should neither prevent the possibility for controllers or processors to include the standard data protection clauses in a wider contract nor to add other clauses as long as they do not contradict, directly or indirectly, the standard contractual clauses adopted by the Commission or by a supervisory authority or prejudice the fundamental rights or freedoms of the data subjects. In some scenarios, it may be appropriate to encourage controllers and processors to provide even more robust safeguards via additional contractual commitments that supplement standard protection clauses.
Amendment 580 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) complying with the requirements for prior authorisation or prior consultation of the supervisory authority pursuant to Article 34(1) and (2)existence of appropriate documentation of data processing to enable compliance with the obligations arising from the Regulation;
Amendment 583 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point e
Article 22 – paragraph 2 – point e
(e) designating a data protection officer pursuant to Article 35(1). existence of adequately skilled data protection organization or data protection officer supported with adequate resources to oversee implementation of measures defined in this article and to monitor compliance with this Regulation, having particular regard to ensuring organizational independence of such data protection officer or organisation to prevent inappropriate conflicts of interest. Such a function may be fulfilled by way of a service contract;
Amendment 584 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point e a (new)
Article 22 – paragraph 2 – point e a (new)
(ea) existence of proper awareness and training of the staff participating in data processing and decisions thereto of the obligations arising from this Regulation.
Amendment 586 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 589 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 595 #
2012/0011(COD)
Proposal for a regulation
Recital 97
Recital 97
(97) Where the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union takes place in more than one Member State, one single supervisory authority should be competent for monitoring the activities of the controller or processor throughout the Union and taking the related decisions, in order to increase the consistent application, provide legal certainty and reduce administrative burden for such controllers and processors.
Amendment 596 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Having regard to the state of the art and, the cost of implementation and international best practices, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
Amendment 597 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary for each specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefSuch measures and procedures shall: (a) take due account of existing technical standards and regulations in the area of public safety and security (b) follow the principle of technology, service and business model neutrality (c) be based on global industry-led efforts and standards (d) take due account of inite number of individuals.rnational developments
Amendment 602 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. In implementing the provisions of this Regulation, it shall be ensured that no mandatory requirements for specific technical features are imposed on products and services, including terminal or other electronic communications equipment, which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.
Amendment 604 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 605 #
2012/0011(COD)
Proposal for a regulation
Recital 105
Recital 105
(105) In order to ensure the consistent application of this Regulation throughout the Union, a consistency mechanism for co-operation between the supervisory authorities themselves and the Commission should be established. This mechanism should in particular apply where athe competent supervisory authority intends to take a measure as regards processing operations that are related to the offering of goods or services to data subjects in several Member States, , or to the monitoring such data subjects, or that might substantially affect the free flow of personal data. It should also apply where any supervisory authority or the Commission requests that the matter should be dealt with in the consistency mechanism. This mechanism should be without prejudice to any measures that the Commission may take in the exercise of its powers under the Treaties.
Amendment 607 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. TWhe Commission may lay down technical standards for the rre required, measures may be adopted to ensure that terminal equirepments laid down in paragraph 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2) is constructed in a way that is compatible with Council Decision 87/95/EEC of 22 December 1986 on standardisation in the field of information technology and communications, and consistent with international industry-led standardisation efforts.
Amendment 609 #
2012/0011(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them. The arrangement shall duly reflect the joint controllers' respective effective roles and relationships vis-à-vis data subjects.
Amendment 610 #
2012/0011(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them.
Amendment 615 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a processing operation is to be carried out on behalf of a controller and involves the processing of data that would permit the processor to reasonably identify the data subject, the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject, in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures. The controller remains solely responsible for ensuring compliance with the requirements of this Regulation.
Amendment 616 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a processing operation is to be carried out on behalf of a controller and which involves the processing of data that would permit the processor to reasonably identify the data subject, the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject, in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures.
Amendment 618 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller and stipulating in particular that the processor shall:.
Amendment 619 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
Amendment 621 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 623 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
Amendment 624 #
2012/0011(COD)
Proposal for a regulation
Recital 120
Recital 120
(120) In order to strengthen and harmonise administrative sanctions against infringements of this Regulation, each supervisory authority should have the power to sanction administrative offences. This Regulation should indicate these offences and the upper limit for the related aAdministrative fines, which should be fixed in each individual case proportionate to the specific situation, with due regard in particular to the nature, gravity and duration of the breach, the procedures implemented in respect to the contexts of and risks represented by the data processing, the degree of responsibility of the natural or legal person and of previous breaches by this person, the degree of technical and organisational measures and procedures implemented, as well as the degree of cooperation with the supervisory authority. The consistency mechanism may also be used to cover divergences in the application of administrative sanctions.
Amendment 625 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
Amendment 626 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
Amendment 627 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
Amendment 629 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
Amendment 631 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
Amendment 633 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point h
Article 26 – paragraph 2 – point h
Amendment 635 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 637 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 640 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 642 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain documentation of all processing operations under its responsibility.
Amendment 644 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain appropriate documentation of allthe main processing operations under its responsibility.
Amendment 645 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The obligation made to the controller shall not apply to SMEs processing data only as an activity ancillary to the sale of goods or services. Ancillary activity should be defined as business or non- trade activity that is not associated with the core activities of a firm. In relation to data protection, data processing activities which do not represent more than 50% of company's turnover shall be considered ancillary.
Amendment 651 #
2012/0011(COD)
Proposal for a regulation
Recital 129
Recital 129
(129) In order to fulfil the objectives of this Regulation, namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the Union, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. In particular, delegated acts should be adopted in respect of lawfulness of processing; specifying the criteria and conditions in relation to the consent of a child; processing of special categories of data; specifying the criteria and conditions for manifestly excessive requests and fees for exercising the rights of the data subject; criteria and requirements for the information to the data subject and in relation to the right of access; the right to be forgotten and to erasure; measures based on profiling; criteria and requirements in relation to the responsibility of the controller and to data protection by design and by default; a processor; criteria and requirements for the documentation and the security of processing; criteria and requirements for establishing a personal data breach and for its notification to the supervisory authority, and on the circumstances where a personal data breach is likely to adversely affect the data subject; the criteria and conditions for processing operimplementing the provisions of this Regulation, it should be ensured that no mandatory requirements for specific technical features are imposed on products and services, including terminal or other electronic communications requiring a data protection impact assessment; the criteria and requirements for determining a high degree of specific risks which require prior consultation; designation and tasks of the data protection officer; codes of conduct; criteria and rpment, which could impede the placing of equirepments for certification mechanisms; criteria and requirements for transfers by way of binding corporate rules; transfer derogations; administrative sanctions; processing for health purposes; processing in the employment context and processing for historical, statistical and scientific research purposes. 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 on the market and the free circulation of such equipment in and between Member States.
Amendment 653 #
2012/0011(COD)
Proposal for a regulation
Recital 130
Recital 130
(130) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission for: specifying standard forms in relation to the processing of personal data of a child; standard procedures and forms for exercising the rights of data subjects; standard forms for the information to the data subject; standard forms and procedures in relation to the right of access; the right to data portability; standard forms in relation to the responsibility of the controller to data protection by design and by default and to the documentation; specific. In implementing the provisions of this Regulation, it should be ensured that no mandatory requirements for the specurity of processing; the standard format and the procedures for the notification of a personal data breach to the supervisory authority and the communication of a personal data breach to the data subject; standards and procedures for a data protection impact assessment; forms and procedures for prior authorisation and prior consultation; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country or a territory or a processing sector within that third country or an international organisation; disclosures not authorized by Union law; mutual assistance; joint operations; decisions under the consistency mechanism. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers46 . In this context, the Commission should consider specific measures for micro, small and medium- sized enterprisific technical features are imposed on products and services, including terminal or other electronic communications equipment, which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.
Amendment 654 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The controller and the processor and, if any, the controller's representative, shall make the documentation available, on request, to the supervisory authority.
Amendment 655 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. The obligations referred to in paragraphs 1 and 2 shall not apply to the following controllers and processors:
Amendment 656 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. The obligations referred to in paragraphs 1 and 2 shall not apply to the following controllers and processors:
Amendment 658 #
2012/0011(COD)
Proposal for a regulation
Recital 139
Recital 139
(139) In view of the fact that, as underlined by the Court of Justice of the European Union, the right to the protection of personal data is not an absolute right, but must be considered in relation to its function in society and the actual and potential advances in science, health and technology and be balanced with other fundamental rights, in accordance with the principle of proportionality, this Regulation respects all fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union as enshrined in the Treaties, notably the right to respect for private and family life, home and communications, the right to the protection of personal data, the freedom of thought, conscience and religion, the freedom of expression and information, the freedom to conduct a business, the right to property and in particular the protection of intellectual property the right to an effective remedy and to a fair trial as well as cultural, religious and linguistic diversity.
Amendment 661 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the processing of personal data wholly or partly by automated means, without discrimination between such processing means, and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
Amendment 662 #
2012/0011(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 664 #
2012/0011(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The controller and the processor and, if any, the representative of the controller, shall co-operate, on request, with the supervisory authority in the performance of its duties, in particular by providing the information referred to in point (a) of Article 53(2) and by granting access as provided in point (b) of that paragraph. The controller and the processor and, if any, the representative of the controller, shall make the documentation available, on the basis of a request outlining the reasons for requiring access to the documents, to the supervisory authority.
Amendment 669 #
2012/0011(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The implementation by the controller and the processor of measures, as referred to in paragraphs 1 and 2, and the execution thereof which would require processing of certain data to increase network and information security, falls under Article 6 (1) f.
Amendment 670 #
2012/0011(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The legal obligations, as referred to in paragraphs 1 and 2, which would require processing of personal data to the extent strictly necessary for the purposes of ensuring network and information security, constitute a legitimate interest pursued by, or on behalf of a data controller or processor.
Amendment 671 #
2012/0011(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 672 #
2012/0011(COD)
Proposal for a regulation
Article 30 – paragraph 4 – subparagraph 2
Article 30 – paragraph 4 – subparagraph 2
Amendment 674 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, twhe controller shall without unn the breach is likely to produce delay and, where feasible, not latlegal effects to the detriment of the data subject's privacy, the controller tshan 24 hours after having become aware of it,ll without undue delay notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours.
Amendment 675 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) by a natural person without any gainful interest, who does not make the data accessible to an indefinite number of people in the course of its own exclusively personal or household activity;
Amendment 676 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay andat will have significant risk of harm to citizens, wthere feasible, not lat controller tshan 24 hours after having become aware of it,ll without undue delay notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hours.
Amendment 677 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Pursuant to point (f) of Article 26(2), the processor shall alert and inform the controller immediatwithout undue delay after the establishmentidentification of a personal data breach that is likely to produce legal effects to the detriment of the data subject's privacy.
Amendment 678 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point e
Article 31 – paragraph 3 – point e
(e) describe the measures proposed or taken by the controller to address the personal data breach and/or mitigate its effects.
Amendment 679 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The controller shall document any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose.
Amendment 681 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The Commission may lay down the standard format of such notification to the supervisory authority, and the procedures applicable to the notification requirement and the form and the modalities for the documentation referred to in paragraph 4, including the time limits for erasure of the information contained therein. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)filing of reports.
Amendment 685 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) made by the employer as part of the treatment of employee personal data in the employment context
Amendment 686 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The communication of a personal data breach to the data subject shall not be required if the data breach does not have significant risk of harm to citizens and the controller demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it.
Amendment 686 #
2012/0011(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) which have been rendered anonymous within the meaning of Article 4(2c);
Amendment 687 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The communication of a personal data breach to the data subject shall not be required if the controller demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible, unusable or anonymised to any person who is not authorised to access it.
Amendment 689 #
2012/0011(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Communication of a personal data breach to other organisations A controller that communicates a personal data breach to a data subject pursuant to Article 32 may notify another organisation, a government institution or a part of a government institution of the personal data breach if that organisation, government institution or part may be able to reduce the risk of the harm that could result from it or mitigate that harm. Such notifications can be done without informing the data subject if the disclosure is made solely for the purposes of reducing the risk of the harm to the data subject that could result from the breach or mitigating that harm.
Amendment 691 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, the controller or the processor acting on the controller's behalf shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. SMEs shall only be required to perform an impact assessment after their third year of incorporation where data processing is deemed as a core activity of their business.
Amendment 692 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, the controller or the processor acting onor where processing takes place as a public sector infrastructure project the controller's behalf shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data.
Amendment 693 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, the controller or the processor acting on the controller's behalf shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment shall be sufficient to address a set of processing operations that present similar risks.
Amendment 696 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
(1a) SMEs shall only be required to perform an impact assessment after their 3rd year of incorporation if data processing is deemed as a core activity of their business. That is, where sale or revenue from processing makes up for 50% of the SMEs revenue.
Amendment 697 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person's economic situation, location, health, personal preferences, reliability or behaviour, which is based on automated processing and on which measures are based that produce legal effects concerning the individual or significantly affectto the detriment of the individual;
Amendment 700 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) information on sex life, health, political opinions, religious beliefs, criminal convictions, race and ethnic origin or for the provision of health care, epidemiological researches, or surveys of mental or infectious diseases, where the data are processed for taking measures or decisions regarding specific individuals on a large scale;
Amendment 703 #
2012/0011(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Regulation applies to the processing of personal data of data subjects residing in the Union in the context of the activities of an establishment of a controller or a processor in the Union.
Amendment 706 #
2012/0011(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. This Regulation applies to the processing of personal data of data subjects residing in the Union by a controller or a processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services to such data subjects in the Union; or (b) the monitoring of their behaviour.
Amendment 709 #
2012/0011(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 711 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
Amendment 713 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
Amendment 715 #
2012/0011(COD)
Proposal for a regulation
Article 33 – paragraph 7 a (new)
Article 33 – paragraph 7 a (new)
(7a) Data protection impact assessments shall be deemed as privileged communications.
Amendment 715 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘data subject’ means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, working together with the controller, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person and who is not acting in his/her professional capacity;
Amendment 716 #
2012/0011(COD)
Proposal for a regulation
Article 34 – title
Article 34 – title
Prior authorisation and prior consultation
Amendment 719 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The controller or the processor as the case may be shall obtain an authorisation frommay consult the supervisory authority prior to the processing of personal data, in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where a controller or processor adopts contractual clauses as provided for in point (d) of Article 42(2) or does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for the transfer of personal data to a third country or an international organisation.
Amendment 721 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 2 – introductory part
Article 34 – paragraph 2 – introductory part
2. The controller or processor acting on the controller's behalf shallmay consult the supervisory authority prior to the processing of personal data in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where:
Amendment 724 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) ‘personal data’ means any informationdata specifically relating to a data subject whose specific identity can be identified, directly or indirectly by the controller or by any other natural or legal person, working together with the controller;
Amendment 725 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point b
Article 34 – paragraph 2 – point b
(b) the supervisory authority deems it necessary to carry out a prior consultation on processing operations that are likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope and/or their purposes, and specified according to paragraph 4.
Amendment 726 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Where the supervisory authority is of the opinion that the intended processing does not comply with this Regulation, in particular where risks are insufficiently identified or mitigated, it shall prohibit the intended processing and make appropriate proposals to remedy such incompliance. Such a decision shall be subject to appeal in a competent court and it may not be enforceable while being appealed unless the processing results to immediate serious harm suffered by data subjects.
Amendment 727 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Where the competent supervisory authority is of the opiniondetermines in accordance with its power that the intended processing does not comply with this Regulation, in particular where risks are insufficiently identified or mitigated, it shall prohibit the intended processing and make appropriate proposals to remedy such incompliance.
Amendment 727 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2a) ‘identification number’ means any numeric, alphanumeric or similar code typically used in the online space, excluding codes assigned by a public or state controlled authority to identify a natural person as an individual;
Amendment 729 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 730 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Where the list provided for in paragraph 4 involves processing activities which are related to the offering of goods or services to data subjects in several Member States, or to the monitoring of their behaviour, or may substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57 prior to the adoption of the list.
Amendment 732 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 9
Article 34 – paragraph 9
9. The Commission may set out standard forms and procedures for prior authorisations and consultations referred to in paragraphs 1 and 2, and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 732 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 b (new)
Article 4 – paragraph 1 – point 2 b (new)
Amendment 735 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor shall designate a data protection organisation or data protection officer in any case where:
Amendment 737 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects. Core activities should be defined as activities where 50% of the annual turnover resulting from the sale of data or revenue is gained from this data. In relation to data protection, data processing activities which do not represent more than 50% of company's turnover shall be considered ancillary.
Amendment 737 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 c (new)
Article 4 – paragraph 1 – point 2 c (new)
(2c) ‘anonymous data’ means any personal data that has been collected, altered or otherwise processed in such a way that it can no longer be attributed to a data subject;
Amendment 738 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Where the controller or the processor is a public authority or body, the data protection organisation or data protection officer may be designated for several of its entities, taking account of the organisational structure of the public authority or body.
Amendment 740 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The controller or the processor shall ensure that any other professional duties of the data protection organisation or data protection officer are compatible with the person's tasks and duties as data protection officer and do not result in a conflict of interests.
Amendment 741 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
Amendment 744 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 10
Article 35 – paragraph 10
10. Data subjects shall have the right to contact the data protection organisation or data protection officer on all issues related to the processing of the data subject's data and to request exercising the rights under this Regulation.
Amendment 745 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 11
Article 35 – paragraph 11
Amendment 746 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 5
Article 4 – paragraph 1 – point 5
(5) ‘controller’ means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, conditions and means of the processing of personal data; where the purposes, conditions and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;
Amendment 748 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The controller or the processor shall ensure that the data protection organisation or data protection officer is properly and in a timely manner involved in all issues which relate to the protection of personal data.
Amendment 750 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The controller or processor shall ensure that thedata protection organisation or data protection officer shall performs t his or her duties and tasks independently and does not receive any instructions as regards the exercise of the function. The data protection officer shall directly report to the management of the controller or the processor.
Amendment 751 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The controller or the processor shall support the data protection organisation or data protection officer in performing the tasks and shall provide staff, premises, equipment and any other resources necessary to carry out the duties and tasks referred to in Article 37.
Amendment 753 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. The controller or the processor shall entrust the data protection organisation or the data protection officer at least with the following tasks:
Amendment 755 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
(c) to monitor the implementation and application of this Regulation, in particular as to the requirements related to data protection by design, data protection by default and data security and to the information of data subjects and their requests in exercising their rights under thisin compliance with the Regulation;
Amendment 755 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 7 a (new)
Article 4 – paragraph 1 – point 7 a (new)
(7a) ‘third party’ means any natural or legal person, public authority, agency or any other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the data;
Amendment 757 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 8
Article 4 – paragraph 1 – point 8
(8) ‘the data subject’s consent’ means any freely given specific, informed and explicitunambiguous indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;
Amendment 760 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Member States and the Commission shall work with controllers, processors and other stakeholders to encourage, in particular at European level, the establishment of data protection certification mechanisms and of data protection seals and marks, allowing data subjects to quickly assess the level of data protection provided by controllers and processors. The data protection certifications mechanisms shall contribute to the proper application of this Regulation, taking account of the specific features of the various sectors and different processing operations.
Amendment 761 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
(1a) The data protection certifications mechanisms shall be voluntary, affordable, and available via a process that is transparent and not unduly burdensome. These mechanisms shall also be technology neutral and capable of global application and shall contribute to the proper application of this Regulation, taking account of the specific features of the various sectors and different processing operations.
Amendment 762 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1, including conditions for granting and withdrawal, and requirements for recognition within the Union and in third countries, provided such measures are technology neutral.
Amendment 763 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 769 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 9
Article 4 – paragraph 1 – point 9
(9) ‘personal data breach’ means 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;
Amendment 774 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where the Commission has taken no decision pursuant to Article 41, or decides that a third country, or a territory or a processing sector within that third country, or an international organisation does not ensure an adequate level of protection in accordance with Article 41(5), a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument.
Amendment 776 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 10
Article 4 – paragraph 1 – point 10
(10) ‘genetic data’ means all data, of whatever type, concerning the characteristics of an individual which are inherited or acquired during early prenatal developmentinformation on the hereditary characteristics, or alteration thereof, of an identified or identifiable person, obtained through nucleic acid analysis;
Amendment 777 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point b
Article 42 – paragraph 2 – point b
(b) standard data protection clauses, between the controller or processor and the recipient, that can be a sub-processor, of the data outside the EEA, which may include standard terms for onward transfers outside the EEA, adopted by the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2); or
Amendment 778 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point c
Article 42 – paragraph 2 – point c
(c) standard data protection clauses, between the controller or processor and the recipient, that can be a sub-processor, of the data outside the EEA, which may include standard terms for onward transfers outside the EEA, adopted by a supervisory authority in accordance with the consistency mechanism referred to in Article 57 when declared generally valid by the Commission pursuant to point (b) of Article 62(1); or
Amendment 779 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point c
Article 42 – paragraph 2 – point c
(c) standard data protection clauses adopted by a supervisory authority in accordance with the consistency mechanism referred to in Article 57 when declared generally valid by the Commission pursuant to point (b) of Article 62(1); or
Amendment 779 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 11
Article 4 – paragraph 1 – point 11
(11) ‘biometric data’ means any personal data relating to the physical, physiological or behavioural characteristics of an individual which allow their unique identification, such as facial images, or dactyloscopic data;
Amendment 780 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point d
Article 42 – paragraph 2 – point d
(d) contractual clauses between the controller or processor and the recipient of the data authorised by a supervisory authority in accordance with paragraph 4.; or
Amendment 781 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point d a (new)
Article 42 – paragraph 2 – point d a (new)
(da) contractual clauses between the controller or processor and the recipient of the data that supplement standard data protection clauses as referred to in points (b) and (c) of paragraph 2 of this Article, and are authorised by the competent supervisory authority in accordance with paragraph 4;
Amendment 782 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point d a (new)
Article 42 – paragraph 2 – point d a (new)
(d a) for historical, statistical or scientific purposes, the measures referred to in Article 83(4);
Amendment 782 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 12
Article 4 – paragraph 1 – point 12
(12) ‘data concerning health’ means any informationpersonal data which relates to the physical or mental health of an individual, or to the provision of health services to the individual;
Amendment 784 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. A transfer based on standard data protection clauses or binding corporate rules as referred to in points (a), (b), (c) or (ce) of paragraph 2 shall not require any further authorisation.
Amendment 786 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Where a transfer is based on contractual clauses as referred to in point (d) or (e) of paragraph 2 of this Article the controller or processor shall obtain prior authorisation of the contractual clauses according to point (a) of Article 34(1) from the competent supervisory authority. If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the competent supervisory authority shall apply the consistency mechanism referred to in Article 57.
Amendment 787 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
(4a) A controller or processor may choose to base transfers on standard data protection clauses as referred to in points (b) and (c) of paragraph 2 of this Article, and to offer in addition to these standard clauses supplemental, legally binding commitments that apply to transferred data. In such cases, these additional commitments shall be subject to prior consultation with the competent supervisory authority and shall supplement and not contradict, directly or indirectly, the standard clauses. Member States, supervisory authorities and the Commission shall encourage the use of supplemental and legally binding commitments by offering a data protection seal, mark or mechanism, adopted pursuant to Article 39, to controllers and processors who adopt these heightened safeguards.
Amendment 788 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
(4a) To encourage the use of supplemental contractual clauses as referred to in point (e) of paragraph 2 of this Article, competent authorities may offer a data protection seal, mark or mechanism, adopted pursuant to Article 39, to controllers and processors who adopt these safeguards.
Amendment 790 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. AOne supervisory authority shall in accordance with the consistency mechanism set out in Article 58 approve binding corporate rulesnd through a single act of approval authorize binding corporate rules for a group of undertakings. Those rules will allow multiple intercompany international transfers in and out of Europe, provided that they:
Amendment 791 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) are legally binding and apply to and are enforced by every member within the controller's or processor's group of undertakings and their external subcontractors, and include their employees;
Amendment 791 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 13 a (new)
Article 4 – paragraph 1 – point 13 a (new)
(13a) ‘competent supervisory authority’ means the supervisory authority which shall be solely competent for the supervision of a controller in accordance with Article 51(2), (3) and (4);
Amendment 793 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 2 – point a
Article 43 – paragraph 2 – point a
(a) the structure and contact details of the group of undertakings and its members, and their external subcontractors;
Amendment 794 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 14
Article 4 – paragraph 1 – point 14
(14) ‘representative’ means any natural or legal person established in the Union who, explicitly designated by the controller, acts and mainstead of the controller and shall only be addressed by anythe competent supervisory authority and other bodies in the Union instead of the controller, with regard to the obligations of the controller under this Regulation;
Amendment 796 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. In the absence of an adequacy decision pursuant to Article 41; or where the Commission decides that a third country, or a territory or a processing sector within that third country, or an international organisation does not ensure an adequate level of protection in accordance with Article 41(5); or in the absence of appropriate safeguards pursuant to Article 42, a transfer or a set of transfers of personal data to a third country or an international organisation may take place only on condition that:
Amendment 798 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 18
Article 4 – paragraph 1 – point 18
(18) ‘child’ means any person below the age of 183 years;
Amendment 799 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point h
Article 44 – paragraph 1 – point h
(h) the transfer is necessary for the purposes of the legitimate interests pursued by the controller or the processor, which cannot be qualified as frequent or massive, and where the controller or processor has assessed all the circumstances surrounding the data transfer operation or the set of data transfer operations and based on this assessment adduced appropriate safeguards with respect to the protection of personal data, where necessary.
Amendment 805 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 19 a (new)
Article 4 – paragraph 1 – point 19 a (new)
Amendment 808 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller Regulation applies by virtue of Article 3(1), the competent supervisory a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the main establishment of the controller or processor shall be competent for the supervision of the processing activities of the controller or the processor in all Member States,uthority will be the supervisory authority of the Member State or territory where the main establishment of the controller or processor subject to the Regulation is established. Disputes should be decided upon in accordance with the consistency mechanism set out in article 58, and this without prejudice to the other provisions of Chapter VII of this Regulation.
Amendment 809 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
(2a) Where the Regulation applies by virtue of Article 3(2), the competent supervisory authority will be the supervisory authority of the Member State or territory where the controller has designated a representative in the Union pursuant to Article 25.
Amendment 811 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2 b (new)
Article 51 – paragraph 2 b (new)
(2b) Where the Regulation applies to several controllers or/and processors within the same group of undertakings by virtue of both Article 3(1) and 3(2), only one supervisory authority will be competent and it will be determined in accordance with Article 51(2).
Amendment 814 #
2012/0011(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The competent supervisory authority shall, upon request, advise any data subject in exercising the rights under this Regulation and, if appropriate, co-operate with the supervisory authorities in other Member States to this end.
Amendment 815 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 1 – introductory part
Article 53 – paragraph 1 – introductory part
1. EachThe competent supervisory authority shall have the power:
Amendment 816 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1 – introductory part
Article 53 – paragraph 2 – subparagraph 1 – introductory part
Amendment 817 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. EachThe competent supervisory authority shall have the power to bring violations of this Regulation to the attention of the judicial authorities and to engage in legal proceedings, in particular pursuant to Article 74(4) and Article 75(2).
Amendment 818 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. EachThe competent supervisory authority shall have the power to sanction administrative offences, in particular those referred to in Article 79(4), (5) and (6).
Amendment 818 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatirreconcilable with those purposes;
Amendment 819 #
2012/0011(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Supervisory authorities shall provide each other relevant information and mutual assistance in order to implement and apply this Regulation in a consistent manner, and shall put in place measures for effective co- operation with one another. Mutual assistance shall cover, in particular, information requests and supervisory measures, such as requests to carry out prior authorisations and consultations, inspections and prompt information on the opening of cases and ensuing developments where data subjects in several Member States are likely to be affected by processing operationcause legal effects to the detriment of the data subjects.
Amendment 820 #
2012/0011(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Each supervisory authority shall take all appropriate measures required to reply to the request of another supervisory authority without delay and no later than one month after having received the request. Such measures may include, in particular, the transmission of relevant information on the course of an investigation or enforcement measures to bring about the cessation or prohibition of processing operations that have been proven contrary to this Regulation.
Amendment 822 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Before athe competent supervisory authority adopts a measure referred to in paragraph 2, this competent supervisory authority shall communicate the draft measure to the European Data Protection Board and the Commission.
Amendment 824 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point a
Article 58 – paragraph 2 – point a
(a) relates to processing activities of personal data which are related to the offering of goods or services to data subjects in several Member States, or to the monitoring of their behaviour when the non-EEA controller or processor does not name a representative in the territory of the EEA; or it
Amendment 825 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point b
Article 58 – paragraph 2 – point b
Amendment 826 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
Amendment 827 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
Amendment 828 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point d
Article 58 – paragraph 2 – point d
Amendment 829 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point e
Article 58 – paragraph 2 – point e
Amendment 829 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) accurate and where necessary kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without undue delay;
Amendment 830 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 2 – point f
Article 58 – paragraph 2 – point f
Amendment 833 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. In order to ensure correct and consistent application of this Regulation, the Commission may, acting on its own behalf, and shall at the request of a stakeholder, request that any matter shall be dealt with in the consistency mechanism.
Amendment 835 #
2012/0011(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the data will be processed solely for historical, statistical or scientific research purposes in accordance with the rules and conditions of Article 83 and if a periodic review is carried out to assess the necessity to continue the storage;
Amendment 838 #
2012/0011(COD)
Proposal for a regulation
Article 59
Article 59
Amendment 840 #
2012/0011(COD)
Proposal for a regulation
Article 60
Article 60
Amendment 841 #
2012/0011(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. In exceptional circumstances, where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects, in particular within their territory, when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages or for other reasons, by clear breach or unjustified inaction of the competent supervisory authority, by way of derogation from the procedure referred to in Article 58, it may immediately adopt provisional measures with a specified period of validity. The supervisory authority shall, without delay, communicate those measures, with full reasons, to the competent supervisory authority, the European Data Protection Board and to, the Commission and the controller or processor.
Amendment 842 #
2012/0011(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. In exceptional circumstances, where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects, in particular when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages or for other reasons, by way of derogation from the procedure referred to in Article 58, it may immediately adopt provisional measures with a specified period of validity. The supervisory authority shall, without delay, communicate those measures, with full reasons, to the competent supervisory authority, the European Data Protection Board and to the Commission.
Amendment 845 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or, at the request of the Commission or other stakeholders, in particular:
Amendment 847 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point b
Article 66 – paragraph 1 – point b
(b) examine, on its own initiative or on request of one of its members or on request of the Commission,, the Commission or other stakeholders any question covering the application of this Regulation and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this Regulation;
Amendment 849 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
(4a) Where appropriate, the European Data Protection Board shall, in its execution of the tasks as outlined in article 66, consult interested parties and give them the opportunity to comment within a reasonable period. The European Data Protection Board shall, without prejudice to Article 72, make the results of the consultation procedure publicly available.
Amendment 859 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) processing is necessary for compliance with a legal obligation to which the controller is subject, regulatory rule, guidance, industry code of practice, either domestically or internationally to which the controller is subject including the requirements of supervisory authorities;
Amendment 861 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
Amendment 864 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage to the extent that the joint controllers' respective liability has not been determined in the legal arrangement referred to in Article 24.
Amendment 867 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or the processor proves that they areit is not responsible for the event giving rise to the damage.
Amendment 868 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. EachThe competent supervisory authority shall be empowered to impose administrative sanctions in accordance with this Article.
Amendment 868 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(da) processing of data necessary to ensure network and information security;
Amendment 869 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the sensitivity of the personal data at issue, the intentional or negligent character of the infringement, the degree of harm or risk of significant harm created by the violation, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach. While some discretion is granted in the imposition of such sanctions to take into account the circumstances outlined above and other facts specific to the situation, divergences in the application of administrative sanctions may be subject to review pursuant to the consistency mechanism.
Amendment 871 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or in the third party to which the data are transferred;
Amendment 873 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – introductory part
Article 79 – paragraph 3 – introductory part
3. In case of a first and non-intentional non-compliance with this Regulation, a warning in writing may be given and no sanction imposed, where:.
Amendment 874 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point a
Article 79 – paragraph 3 – point a
Amendment 874 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by athe controller, except where such interests are overridden by or by the third party or parties to whom the data are disclosed and the legitimate expectations of the data subject based on his or her relationship with the controller, taking into account the interests or rights and freedoms of the controller to conduct a business as well as the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 875 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – point b
Article 79 – paragraph 3 – point b
Amendment 887 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) processing is limited to pseudonymous data and the recipient of the service is given a right to object pursuant to Article 19(3);
Amendment 890 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. Within the limits of this Regulation, personal data may be processed for historical, statistical or scientific research purposespurposes under paragraph 2 of Article 6 and point (i) of Article 9(2) only if:
Amendment 894 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. Within the limits of this Regulation, personal data may be processed for historical, statistical or scientific research purposes only if:
Amendment 895 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f b (new)
Article 6 – paragraph 1 – point f b (new)
(fb) the data are collected from public registers, lists or documents accessible by everyone;
Amendment 897 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
(1a) Further processing of data for historical, statistical or scientific purposes shall not be considered as incompatible under point (b) of Article 5(1) provided that the processing: (a) is subject to the conditions and safeguards of this Article; and (b) complies with all other relevant legislation.
Amendment 897 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f c (new)
Article 6 – paragraph 1 – point f c (new)
(fc) processing is necessary for the purpose of pseudonymisation or anonymisation of personal data;
Amendment 899 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f d (new)
Article 6 – paragraph 1 – point f d (new)
(fd) processing is necessary for the purposes of ensuring the ability of a network or an information system to resist accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity or confidentiality of stored or transmitted data and the security of the related services offered by or accessible via these networks and systems;
Amendment 905 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2 – point c a (new)
Article 83 – paragraph 2 – point c a (new)
(ca) the personal data is processed for the purpose of generating aggregate data reports, wholly composed of either anonymous data, pseudonymous data or both.
Amendment 906 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2 a (new)
Article 83 – paragraph 2 a (new)
(2a) A controller or processor may transfer personal data to a third country or an international organisation for historical, statistical or scientific purposes if: (a) these purposes cannot be otherwise fulfilled by processing data which does not permit or not any longer permit the identification of the data subject; (b) the recipient does not reasonably have access to data enabling the attribution of information to an identified or identifiable data subject; and (c) contractual clauses between the controller or processor and the recipient of the data prohibit re-identification of the data subject and limit processing in accordance with the conditions and safeguards laid down in this Article.
Amendment 919 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. PSubsequent processing of personal data which is necessary for the purposes of historical, statistical or scientific research shall be lawful subject to the conditions and safeguards referred to in Article 83.
Amendment 933 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
The law of the Member State must meet an objective of public interest or must be necessary to protect the rights and freedoms of others,. The law of the Member State must also respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursuedthis regulation and international treatises that the Member State has decided to follow. Finally the Member State is obliged to evaluate and decide if national legislation is and be proportionate to the legitimate aim pursued or if a legitimate aim could be achieved using less privacy invasive solutions.
Amendment 948 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where the purpose of further processing is not compatible with the one for which the personal data have been collected, the processing must have a legal basis at least in one of the grounds referred to in points (a) to (ef) of paragraph 1. This shall in particular apply to any change of terms and general conditions of a contract.
Amendment 959 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 977 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. TWithout prejudice to the data subject's existing contractual obligations, the data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. It is lawful that the withdrawal of consent might result in the termination of the relationship with the controller.
Amendment 986 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 1024 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1033 #
2012/0011(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 1041 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The processing of personal data, revealing race or ethnic origin, political opinions, religion or beliefs, trade-union membership, significant social problems and the processing of genetic data or data concerning health or sex life or criminal convictions or related security measures shall be prohibited.
Amendment 1050 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller in the field of employment law in so far as it is authorised by Union law or Member State law or collective agreements on the labour market providing for adequate safeguards; or
Amendment 1057 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point d
Article 9 – paragraph 2 – point d
(d) processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association, organizations on the labour market or any other non-profit-seeking body with a political, philosophical, religious or trade- union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed outside that body without the consent of the data subjects; or
Amendment 1078 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point j
Article 9 – paragraph 2 – point j
(j) processing of data relating to criminal convictions or related security measures is carried out either under the control of officialsubject to the conditions and safeguards referred to in Article 83a or under the supervision of a supervisory authority or when the processing is necessary for compliance with or to avoid a breach of a legal or regulatory obligation or collective agreements on the labour market to which a controller is subject, or for the performance of a task carried out for important public interest reasons, and in so far as authorised by Union law or Member State law providing for adequate safeguards. A complete register of criminal convictions shall be kept only under the control of official authority.
Amendment 1090 #
2012/0011(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 1102 #
2012/0011(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
If the data processed by a controller do not permit the controller to identify a natural person, in particular when rendered anonymous or pseudonymous, the controller shall not be obliged to acquire additional information in order to identify the data subject for the sole purpose of complying with any provision of this Regulation.
Amendment 1112 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The controller shall provide any information and any communication relating to the processing of personal data to the data subject in an intelligible form, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child.
Amendment 1118 #
2012/0011(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 1124 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The controller shall establish procedures for providing the information referred to in Article 14 and for the exercise of the rights of data subjects referred to in Article 13 and Articles 15 to 19. The controller shall provide in particular mechanisms for facilitating the request for the actions referred to in Article 13 and Articles 15 to 19. Where personal data are processed by automated means, the controller shallmay also provide means for requests to be made electronically.
Amendment 1130 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The controller shall inform the data subject without delay and, at the latest within one month of receipt of the request, whether or not any action has been taken pursuant to Article 13 and Articles 15 to 19 and shall provide the requested information. This period may be prolonged for a further month, if several data subjects exercise their rights and their cooperation is necessary to a reasonable extent to prevent an unnecessary and disproportionate effort on the part of the controller. The information shall be given in writing. Where the data subject makes the request in electronic form, the information shallmay be provided in electronic form, unless otherwise requested by the data subject or unless the controller has reason to believe that providing the information in electronic form would create a significant risk of fraud.
Amendment 1139 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are manifestly excessive, in particular because of their repetitive character or their complexity, the controller may charge a fee for providing the information or taking the action requested, or the controller may notthat reflects the administrative costs for providing the information or takeing the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive character of the request.
Amendment 1150 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 1161 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. The Commission may lay down standard forms and specifying standard procedures for the communication referred to in paragraph 2, including the electronic format. In doing so, the Commission shall take the appropriate measures for micro, small and medium- sized enterprises. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 1195 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the estimated period for which the personal data will be stored;
Amendment 1228 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Where the personal data are not collected from the data subject, the controller shall inform the data subject, in addition to the information referred to in paragraph 1, from which source the personal data originate, except where the data originate from a publicly available source or where the transfer is provided for by law.
Amendment 1260 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 5 – point d a (new)
Article 14 – paragraph 5 – point d a (new)
(da) the data are processed by, are entrusted or become known to a person subject to legal professional privilege, professional secrecy regulated by the Member State, a statutory obligation of secrecy in the exercise of his profession or any like obligation not to reveal such data.
Amendment 1275 #
2012/0011(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
Amendment 1292 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. The data subject shall have the right to obtain from the controller at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed. Where such personal data are being processed,ith the exception of data being used for historical, statistical or scientific research purposes the controller shall provide the following information when person data are being processed:
Amendment 1309 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) the estimated period for which the personal data will be stored;
Amendment 1313 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) the significance and envisaged consequences of such processing, at least in the case of measures referred to in Article 20.
Amendment 1339 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The data subject shall have the right to obtain from the controller of the data source at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed to a research data base.
Amendment 1340 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. There shall be no right of access in accordance with paragraphs 1 and 2 when data within the meaning of Article 14(5) (da) are concerned, except if the data subject is empowered to lift the secrecy in question and acts accordingly.
Amendment 1348 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2b. Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, it is not obliged to comply with the request, unless: (a) the other individual has explicitly consented to the disclosure of the information to the person making the request; or (b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual.
Amendment 1365 #
2012/0011(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The Commission may specifysuggest standard forms and specify procedures for requesting and granting access to the information referred to in paragraph 1, including for verification of the identity of the data subject and communicating the personal data to the data subject, taking into account the specific features and necessities of various sectors and data processing situations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 1383 #
Amendment 1393 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed and are not required to pursue legal claims or when the legally mandatory minimum retention period has expired;
Amendment 1394 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or when the retention storage period consented to has expired, and where there is no other legal ground for the processing or storage of the data;
Amendment 1400 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) a court based in the Union has ruled as final and absolute that the data concerned must be erased;
Amendment 1405 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The controller shall take all reasonable steps to communicate any erasure to each legal entity to whom the data have been disclosed.
Amendment 1410 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1b. The application of paragraph 1 shall be dependent upon the ability of the data controller to verify the identity of the data subject requesting the erasure.
Amendment 1417 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the controller referred to in paragraph 1 has made the personal data public, it shall take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third partieslegal entities to whom the original controller had authorised to further process personal data and which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where tThe controller has authorised a third party publication ofwill not be responsible for the personal data, the controller shall be considered responsible for thatat the data subject has made publication.
Amendment 1426 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. The controller shall carry out the erasure without undue delay, except to the extent that the retention and dissemination of the personal data is necessary:
Amendment 1432 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) for reasons of public interest in the area of public health and public health purposes in accordance with Article 81;
Amendment 1448 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point e a (new)
Article 17 – paragraph 3 – point e a (new)
(ea) for prevention or detection of fraud, confirming identity, and/or determining creditworthiness, or ability to pay.
Amendment 1470 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 6 a (new)
Article 17 – paragraph 6 a (new)
6a. Requests for the rectification, erasure or blocking of data shall not prejudice processing that is necessary to secure, protect and maintain the resiliency of one or more information systems. In addition, the right of rectification and/or erasure or personal data shall not apply to any personal data that is required to be maintained by legal obligation or to protect the rights of the controller, processor or third parties.
Amendment 1481 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
Amendment 1494 #
Amendment 1505 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. TWhere the data subject shall have the right,s provided the personal data and where personal data are processed by electronic means and in a structured and commonly used format,, the data subject shall have the right to obtain from the controller a copy of data undergoing processingthe provided personal data in an electronic and structured format which is commonly used and allows for further use by the data subject, without hindrance from the controller from whom the personal data are withdrawn.
Amendment 1507 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 1521 #
2012/0011(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The Commission may specify the electronic format, referred to in paragraph 1 and the technical standards, modlated functionalities and procedures for the transmission of personal data pursuant to paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2), shall be determined by the controller by reference to the most appropriate industry standards available or as defined by industry stakeholders or standardisation bodies. The Commission shall promote and assist industry, stakeholders and standardisation bodies in the mapping and adoption of technical standards, modalities and procedures for the transmission of personal data pursuant to paragraph 2.
Amendment 1526 #
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 1542 #
2012/0011(COD)
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. Where pseudonymous data is processed pursuant to Article 6 (1), the data subject shall have the right to object free of charge. This right shall be offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information.
Amendment 1547 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every ndatural persona subject shall have the right to request not to be subject to a measure which produces legal effects concerningadversely affects this ndatural person or significantly affects this natural person,a subject and which is based solely on automated processing of data intended to evaluate certain personal aspects relating to this natural person or to, analyse or predict in particular the ndatural persona subject's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 1556 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1b. Is based on the legitimate interests pursued by the data controller.
Amendment 1557 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 1568 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a a (new)
Article 20 – paragraph 2 – point a a (new)
(aa) is based on pseudonymous data;
Amendment 1594 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1604 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 1613 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 1625 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Parties on the labour market may restrict by way of a legislative measure the scope of the obligations and rights provided for in points (a) to (e) of Article 5 and Articles 11 to 20 and Article 32, when such a restriction have been agreed by national collective agreements to constitutes a necessary and proportionate measure.
Amendment 1634 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point c
Article 21 – paragraph 1 – point c
(c) other public interests of the Union or of a Member State, in particularsuch as an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters and the protection of market stability and integrity;
Amendment 1647 #
2012/0011(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In particular, any legislative measure referred to in paragraph 1 shall comply with the standards of necessity and proportionality in accordance with Article 1 and shall contain specific provisions at least as to the objectivpurposes to be pursued by the processing and the determination of the controller.
Amendment 1658 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The controller shall adopt policies and implement appropriate measures to ensure and be able to demonstrate that the processing of personal data is performed in compliance with this RegulatioHaving regard to the state of the art, the nature of personal data processing and the type of the organization, both at the time of the determination of the means for processing and at the time of the processing itself, appropriate and demonstrable technical and organizational measures should be implemented in such a way that the processing will meet the requirements of this Regulation and ensures the protection of the rights of the data subject by design.
Amendment 1663 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Upon request by the competent data protection authority, the controller or processor shall demonstrate the existence of technical and organizational measures.
Amendment 1664 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
1b. A group of undertakings may apply joint technical and organizational measures to meet its obligations arising from the Regulation.
Amendment 1665 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1c. This article does not apply to a natural person processing personal data without commercial interest.
Amendment 1668 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. TheSuch measures provided for in paragraph 1 shall in particular includeinclude, without limitation:
Amendment 1671 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point a
Article 22 – paragraph 2 – point a
(a) keeping the documentation pursuant to Article 28independent management oversight of processing of personal data to ensure the existence and effectiveness of the technical and organizational measures;
Amendment 1673 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b
Article 22 – paragraph 2 – point b
(b) implementing the data security requirements laid down in Article 30a control management system, including the assignment of responsibilities, training of staff and adequate instructions;
Amendment 1675 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point c
Article 22 – paragraph 2 – point c
(c) performing a data protection impact assessment pursuant to Article 33existence of proper policies, instructions or other guidelines to guide data processing needed to comply with the Regulation as well as procedures and enforcement to make such guidelines effective;
Amendment 1679 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) complying with the requirements for prior authorisation or prior consultation of the supervisory authority pursuant to Article 34(1) and (2)existence of proper planning procedures to ensure compliance and to address potentially risky processing of personal data prior to the commencement of the processing;
Amendment 1680 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point e
Article 22 – paragraph 2 – point e
(e) designating a data protection officer pursuant to Article 35(1). the existence of appropriate documentation of data processing to enable compliance with the obligations arising from the Regulation;
Amendment 1683 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point e a (new)
Article 22 – paragraph 2 – point e a (new)
(ea) the existence of adequately skilled data protection organization or data protection officer supported with adequate resources to oversee implementation of measures defined in this article and to monitor compliance with this Regulation, having particular regard to ensuring organizational independence of such data protection officer or organisation to prevent inappropriate conflicts of interest. Such a function may be fulfilled by way of a service contract;
Amendment 1685 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point e b (new)
Article 22 – paragraph 2 – point e b (new)
(eb) the existence of proper awareness and training of the staff participating in data processing and decisions thereto of the obligations arising from this Regulation.
Amendment 1694 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The controller shall implement mechanisms to ensure the verification of the effectiveness of the measures referred to in paragraphs 1 and 2. If proportionate, this verification shallmay be carried out by independent internal or external auditors.
Amendment 1703 #
2012/0011(COD)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 1715 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Having regard to the state of the art and, the cost of implementation and international best practices, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject.
Amendment 1726 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The controller shall implement mechanisms for ensuring that, by default, only those personal data are processed which are necessary for eachSuch measures and procedures shall: (a) take due account of existing technical standards and regulations in the area of public safety and specific purpose of the processing and are especially not collected or retained beyond the minimum necessary for those purposes, both in terms of the amount of the data and the time of their storage. In particular, those mechanisms shall ensure that by default personal data are not made accessible to an indefurity; (b) follow the principle of technology, service and business model neutrality; (c) be based on global industry-led efforts and standards; (d) take due account of inite number of individuals. rnational developments.
Amendment 1730 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. In implementing the provisions of this Regulation, it shall be ensured that no mandatory requirements for specific technical features are imposed on products and services, including terminal or other electronic communications equipment, which could impede the placing of equipment on the market and the free circulation of such equipment in and between Member States.
Amendment 1736 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
Amendment 1742 #
2012/0011(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1748 #
2012/0011(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers shall determine their respective responsibilities for compliance with the obligations under this Regulation, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of an arrangement between them. The arrangement shall duly reflect the joint controllers' respective effective roles and relationships vis-à-vis data subjects.
Amendment 1770 #
2012/0011(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The representative shall be established in one of those Member States where the data subjects whose personal data are processed in relation to the offering of goods or services to them, or whose behaviour is monitored, reside.
Amendment 1774 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Where a processing operation is to be carried out on behalf of a controller and involves the processing of data that would permit the processor to reasonably identify the data subject, the controller shall choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of this Regulation and ensure the protection of the rights of the data subject, in particular in respect of the technical security measures and organizational measures governing the processing to be carried out and shall ensure compliance with those measures.
Amendment 1777 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The carrying out of processing by a processor shall be governed by a contract or other legal act binding the processor to the controller and stipulating in particular that the processor shall. The controller and the processor shall be free to determine respective roles and responsibilities with respect to the requirements of this Regulation, and shall provide for the following:
Amendment 1779 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) the processor shall act only on instructions from the controller, in particular, where the transfer of the personal data used is prohibited;
Amendment 1781 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point b
Article 26 – paragraph 2 – point b
Amendment 1783 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point d
Article 26 – paragraph 2 – point d
Amendment 1790 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
(e) insofar as this is possible given the nature of the processing, create in agreement with the controller the necessary and the processor's ability to assist with reasonable effort, an agreement as to the appropriate and relevant technical and organisational requirements fwhich support the fulfilmentability of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III;
Amendment 1793 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
(f) assist the controller in ensuring complianceinsofar as this is possible given the nature of processing, the information available to the processor and his ability to assist with reasonable effort, an agreement on how compliance will be ensured with the obligations pursuant to Articles 30 to 34;
Amendment 1798 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
(g) hand over all results to the controller after the end of the processing and, not process the personal data otherwise and delete existing copies without prejudice to Union or Member State laws;
Amendment 1803 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point h
Article 26 – paragraph 2 – point h
(h) make available to the controller and the supervisory authority all information necessary to control compliance with the obligations laid down in this Article.
Amendment 1806 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 1808 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 1817 #
2012/0011(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 2092 #
2012/0011(COD)
Proposal for a regulation
Article 34 – title
Article 34 – title
Prior authorisation and prior consultation
Amendment 2095 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
Amendment 2108 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 2 – introductory part
Article 34 – paragraph 2 – introductory part
2. The controller or processor acting on the controller's behalf shallmay consult the supervisory authority prior to the processing of personal data in order to ensure the compliance of the intended processing with this Regulation and in particular to mitigate the risks involved for the data subjects where:
Amendment 2113 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 2 – point b a (new)
Article 34 – paragraph 2 – point b a (new)
(ba) a controller adopts contractual clauses as provided for in point (d) of Article 42(2) or does not provide for the appropriate safeguards in a legally binding instrument as referred to in Article 42(5) for the transfer of personal data to a third country or an international organisation.
Amendment 2115 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 3
Article 34 – paragraph 3
3. Where the competent supervisory authority is of the opiniondetermines in accordance with its power that the intended processing does not comply with this Regulation, in particular where risks are insufficiently identified or mitigated, it shall prohibit the intended processing and make appropriate proposals to remedy such incompliance. Such a decision shall be subject to appeal in a competent court and it may not be enforceable while being appealed unless the processing results to immediate serious harm suffered by data subjects.
Amendment 2119 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 2129 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 6
Article 34 – paragraph 6
6. The controller or processor shall provide the supervisory authority, on request, with the data protection impact assessment provided for inursuant to Article 33 and, on request, with any other information to allow the supervisory authority to make an assessment of the compliance of the processing and in particular of the risks for the protection of personal data of the data subject and of the related safeguards.
Amendment 2136 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 8
Article 34 – paragraph 8
Amendment 2140 #
2012/0011(COD)
Proposal for a regulation
Article 34 – paragraph 9
Article 34 – paragraph 9
9. The Commission may set out standard forms and procedures for prior authorisations and consultations referred to in paragraphs 1 and 2, and standard forms and procedures for informing the supervisory authorities pursuant to paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
Amendment 2146 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The controller and the processor shall designate a data protection organisation or data protection officer in any case where:
Amendment 2180 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 1 – point c
Article 35 – paragraph 1 – point c
(c) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects. Core activities should be defined as activities where 50% of the annual turnover resulting from the sale of data or revenue is gained from this data. In relation to data protection, data processing activities which do not represent more than 50% of company's turnover shall be considered ancillary.
Amendment 2194 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. In the case referred to in point (b) of paragraph 1, aA group of undertakings may appoint a single data protection organisation or data protection officer.
Amendment 2198 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Where the controller or the processor is a public authority or body, the data protection organisation or data protection officer may be designated for several of its entities, taking account of the organisational structure of the public authority or body.
Amendment 2217 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The controller or the processor shall ensure that any other professional duties of the data protection organisation or data protection officer are compatible with the person's tasks and duties as data protection officer and do not result in a conflict of interests.
Amendment 2226 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. The controller or the processor shall designate a data protection officer for a period of at least two years. The data protection officer may be reappointed for further terms. During their term of office, the data protection officer may only be dismissed, if the data protection officer no longer fulfils the conditions required for the performance of their duties.
Amendment 2243 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 10
Article 35 – paragraph 10
10. Data subjects shall have the right to contact the data protection organisation or data protection officer on all issues related to the processing of the data subject's data and to request exercising the rights under this Regulation.
Amendment 2249 #
2012/0011(COD)
Proposal for a regulation
Article 35 – paragraph 11
Article 35 – paragraph 11
Amendment 2255 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. The controller or the processor shall ensure that the data protection organisation or data protection officer is properly and in a timely manner involved in all issues which relate to the protection of personal data.
Amendment 2262 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The controller or processor shall ensure that thedata protection organisation or data protection officer shall performs the duties and his or her tasks independently and does not receive any instructions as regards the exercise of the function. The data protection officer shall directly report to the executive management of the controller or the processor.
Amendment 2273 #
2012/0011(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The controller or the processor shall support the data protection organisation or data protection officer in performing the tasks and shall provide staff, premises, equipment and any other resources necessary to carry out the duties and tasks referred to in Article 37.
Amendment 2289 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. The controller or the processor shall entrust the data protection organisation or the data protection officer at least with the following tasks:
Amendment 2300 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point c
Article 37 – paragraph 1 – point c
(c) to monitor the implementation and application of this Regulation, in particular as to the requirements related to data protection by design, data protection by default and data security and to the information of data subjects and their requests in exercising their rights under thiscompliance with the Regulation;
Amendment 2314 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point f
Article 37 – paragraph 1 – point f
(f) to monitor the performance of the data protection impact assessment by the controller or processor and the application for prior authorisation or prior consultation, if required pursuant Articles 33 and 34;
Amendment 2326 #
2012/0011(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 2335 #
2012/0011(COD)
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Associations and other bodies representing categories of controllers or processors in one Member State which intend to draw up codes of conduct or to amend or extend existing codes of conduct may submit them to an opinion of the supervisory authority in that Member State. The supervisory authority mshall without undue delay give an opinion whether the draft code of conduct or the amendment is in compliance with this Regulation. The supervisory authority shall seek the views of data subjects or their representatives on these drafts.
Amendment 2354 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Member States and the Commission shall work with controllers, processors and other stakeholders to encourage, in particular at European level, the establishment of data protection certification mechanisms and of data protection seals and marks, allowing data subjects to quickly assess the level of data protection provided by controllers and processors. The data protection certifications mechanisms shall contribute to the proper application of this Regulation, taking account of the specific features of the various sectors and different processing operations.
Amendment 2359 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 1 a (new)
Article 39 – paragraph 1 a (new)
1a. The data protection certifications mechanisms shall be voluntary, affordable, and available via a process that is transparent and not unduly burdensome. These mechanisms shall also be technology neutral and capable of global application and shall contribute to the proper application of this Regulation, taking account of the specific features of the various sectors and different processing operations.
Amendment 2368 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the data protection certification mechanisms referred to in paragraph 1, including conditions for granting and withdrawal, and requirements for recognition within the Union and in third countries, provided such measures are technology neutral.
Amendment 2374 #
2012/0011(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 2410 #
2012/0011(COD)
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
7. The Commission shall publish in the Official Journal of the European Union and on its website a list of those third countries, territories and processing sectors within a third country and international organisations where it has decided that an adequate level of protection is or is not ensured.
Amendment 2418 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where the Commission has taken no decision pursuant to Article 41, or decides that a third country, or a territory or a processing sector within that third country, or an international organisation does not ensure an adequate level of protection in accordance with Article 41(5), a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has adduced appropriate safeguards with respect to the protection of personal data in a legally binding instrument.
Amendment 2433 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point d a (new)
Article 42 – paragraph 2 – point d a (new)
(da) contractual clauses between the controller or processor and the recipient of the data that supplement standard data protection clauses as referred to in points (b) and (c) of paragraph 2 of this Article, and are authorised by the competent supervisory authority in accordance with paragraph 4;
Amendment 2438 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 2 – point d b (new)
Article 42 – paragraph 2 – point d b (new)
(db) for historical, statistical or scientific purposes, the measures referred to in Article 83(4).
Amendment 2445 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. A transfer based on standard data protection clauses or binding corporate rules as referred to in points (a), (b), (c) or (ce) of paragraph 2 shall not require any further authorisation.
Amendment 2449 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Where a transfer is based on contractual clauses as referred to in point (d) of paragraph 2 of this Article the controller or processor shall obtain prior authorisation of the contractual clauses according to point (a) of Article 34(1) from the competent supervisory authority. If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the competent supervisory authority shall apply the consistency mechanism referred to in Article 57.
Amendment 2453 #
2012/0011(COD)
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. A controller or processor may choose to base transfers on standard data protection clauses as referred to in points (b) and (c) of paragraph 2 of this Article, and to offer in addition to these standard clauses supplemental, legally binding commitments that apply to transferred data. In such cases, these additional commitments shall be subject to prior consultation with the competent supervisory authority and shall supplement and not contradict, directly or indirectly, the standard clauses. Member States, supervisory authorities and the Commission shall encourage the use of supplemental and legally binding commitments by offering a data protection seal, mark or mechanism, adopted pursuant to Article 39, to controllers and processors who adopt these heightened safeguards.
Amendment 2466 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
1. A supervisory authority shall in accordance with the consistency mechanism set out in Article 58authorise through a single act of approveal binding corporate rules for a group of undertakings, provided that they:
Amendment 2471 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point a
Article 43 – paragraph 1 – point a
(a) are legally binding and apply to and are enforced by every member within the controller's or processor's group of undertakings and their external subcontractors, and include their employees;
Amendment 2477 #
2012/0011(COD)
Proposal for a regulation
Article 43 – paragraph 2 – point a
Article 43 – paragraph 2 – point a
(a) the structure and contact details of the group of undertakings and its members and their external subcontractors;
Amendment 2494 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 1 – introductory part
Article 44 – paragraph 1 – introductory part
1. In the absence of an adequacy decision pursuant to Article 41; or where the Commission decides that a third country, or a territory or a processing sector within that third country, or an international organisation does not ensure an adequate level of protection in accordance with Article 41(5); or in the absence of appropriate safeguards pursuant to Article 42, a transfer or a set of transfers of personal data to a third country or an international organisation may take place only on condition that:
Amendment 2520 #
2012/0011(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. The public interest referred to in point (d) of paragraph 1 must be recognised in international conventions, in Union law or in the law of the Member State to which the controller is subject.
Amendment 2571 #
2012/0011(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1a. Insofar as competent professional supervisory bodies for persons subject to legal professional privilege or professional secrecy exist at the time of the entry into force of the present Regulation, these bodies may establish the supervisory authority in respect of data processing by those over whom they exercise professional supervision.
Amendment 2581 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Where the processing of personal data takes place in the context of the activities of an establishment of a controller Regulation applies by virtue of Article 3(1), the competent supervisory a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the main establishment of the controller or processor shall be competent for the supervision of the processing activities of the controller or the processor in all Member States,uthority will be the supervisory authority of the Member State or territory where the main establishment of the controller or processor subject to the Regulation is established. Disputes should be decided upon in accordance with the consistency mechanism set out in Article 58, and this without prejudice to the other provisions of Chapter VII of this Regulation.
Amendment 2589 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2 a (new)
Article 51 – paragraph 2 a (new)
2a. Where the Regulation applies by virtue of Article 3(2), the competent supervisory authority will be the supervisory authority of the Member State or territory where the controller has designated a representative in the Union pursuant to Article 25.
Amendment 2591 #
2012/0011(COD)
Proposal for a regulation
Article 51 – paragraph 2 b (new)
Article 51 – paragraph 2 b (new)
2b. Where the Regulation applies to several controllers or/and processors within the same group of undertakings by virtue of Article 3(1) and (2), only one supervisory authority will be competent and it will be determined in accordance with Article 51(2).
Amendment 2614 #
2012/0011(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. The competent supervisory authority shall, upon request, advise any data subject in exercising the rights under this Regulation and, if appropriate, co-operate with the supervisory authorities in other Member States to this end.
Amendment 2618 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 1 – introductory part
Article 53 – paragraph 1 – introductory part
1. EachThe competent supervisory authority shall have the power:
Amendment 2627 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 1 – introductory part
Article 53 – paragraph 2 – subparagraph 1 – introductory part
Amendment 2633 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
3. EachThe competent supervisory authority shall have the power to bring violations of this Regulation to the attention of the judicial authorities and to engage in legal proceedings, in particular pursuant to Article 74(4) and Article 75(2).
Amendment 2635 #
2012/0011(COD)
Proposal for a regulation
Article 53 – paragraph 4
Article 53 – paragraph 4
4. EachThe competent supervisory authority shall have the power to sanction administrative offences, in particular those referred to in Article 79(4), (5) and (6).
Amendment 2645 #
2012/0011(COD)
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Supervisory authorities shall provide each other relevant information and mutual assistance in order to implement and apply this Regulation in a consistent manner, and shall put in place measures for effective co- operation with one another. Mutual assistance shall cover, in particular, information requests and supervisory measures, such as requests to carry out prior authorisations and consultations, inspections and prompt information on the opening of cases and ensuing developments where data subjects in several Member States are likely to be affected by processing operationcause legal effects to the detriment of the data subjects.
Amendment 2648 #
2012/0011(COD)
Proposal for a regulation
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Each supervisory authority shall take all appropriate measures required to reply to the request of another supervisory authority without delay and no later than one month after having received the request. Such measures may include, in particular, the transmission of relevant information on the course of an investigation or enforcement measures to bring about the cessation or prohibition of processing operations that have been proven contrary to this Regulation.
Amendment 2662 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Before athe competent supervisory authority adopts a measure referred to in paragraph 2, this competent supervisory authority shall communicate the draft measure to the European Data Protection Board and the Commission.
Amendment 2673 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. In order to ensure correct and consistent application of this Regulation, the Commission may, acting on its own behalf, and shall at the request of a stakeholder, request that any matter shall be dealt with in the consistency mechanism.
Amendment 2679 #
2012/0011(COD)
Proposal for a regulation
Article 58 – paragraph 8
Article 58 – paragraph 8
8. The competent supervisory authority referred to in paragraph 1 and the supervisory authority competent under Article 51 shall take account of the opinion of the European Data Protection Board and shall within two weeks after the information on the opinion by the chair of the European Data Protection Board, electronically communicate to the chair of the European Data Protection Board and to the Commission whether it maintains or amends its draft measure and, if any, the amended draft measure, using a standardised format.
Amendment 2697 #
2012/0011(COD)
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. Where the supervisory authority concerned intends not to follow the opinion of the Commission, it shall inform the Commission and the European Data Protection Board thereof within the period referred to in paragraph 1 and provide a justification. In this case the draft measure shall not be adopted for one further month.
Amendment 2711 #
2012/0011(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. In exceptional circumstances, where a supervisory authority considers that there is an urgent need to act in order to protect the interests of a data subjects, in particular within their competent supervisory, when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages or for other reasonstrough a clear data breach or an unjustified inaction by the competent supervisory authority, by way of derogation from the procedure referred to in Article 58, it may immediately adopt provisional measures with a specified period of validity. The supervisory authority shall, without delay, communicate those measures, with full reasons, to the European Data Protection Board and to the Commissioncompetent supervisory authority, the European Data Protection Board, the Commission and to the controller or processor.
Amendment 2712 #
2012/0011(COD)
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. In exceptional circumstances, where a supervisory authority considers that there is an urgent need to act in order to protect the interests of data subjects, in particular when the danger exists that the enforcement of a right of a data subject could be considerably impeded by means of an alteration of the existing state or for averting major disadvantages or for other reasons, by way of derogation from the procedure referred to in Article 58, it may immediately adopt provisional measures with a specified period of validity. The supervisory authority shall, without delay, communicate those measures, with full reasons, to the European Data Protection Board, the controller or processor concerned and to the Commission.
Amendment 2714 #
2012/0011(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where a supervisory authority has taken a measure pursuant to paragraph 1 and considers that final measures need urgently be adopted, it mayit shall request an urgent opinion of the European Data Protection Board, giving reasons for requesting such opinionthe claim, including for the urgency of final measures.
Amendment 2734 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – introductory part
Article 66 – paragraph 1 – introductory part
1. The European Data Protection Board shall ensure the consistent application of this Regulation. To this effect, the European Data Protection Board shall, on its own initiative or, at the request of the Commission or other stakeholders, in particular:
Amendment 2739 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point b
Article 66 – paragraph 1 – point b
(b) examine, on its own initiative or on request of one of its members or on request of the Commission,, the Commission or other stakeholders any question covering the application of this Regulation and issue guidelines, recommendations and best practices addressed to the supervisory authorities in order to encourage consistent application of this Regulation;
Amendment 2756 #
2012/0011(COD)
Proposal for a regulation
Article 66 – paragraph 4 a (new)
Article 66 – paragraph 4 a (new)
4a. Where appropriate, the European Data Protection Board shall, in its execution of the tasks as outlined in this Article, consult interested parties and give them the opportunity to comment within a reasonable period. The European Data Protection Board shall, without prejudice to Article 72, make the results of the consultation procedure publicly available.
Amendment 2822 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
1. Any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
Amendment 2828 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 2
Article 77 – paragraph 2
2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damageshall be liable for the entire amount of the damage, to the extent that liability has not been already established in the determination of responsibilities as referred to in Article 24.
Amendment 2836 #
2012/0011(COD)
Proposal for a regulation
Article 77 – paragraph 3
Article 77 – paragraph 3
3. The controller or the processor may be exempted from thise liability under paragraph 2, in whole or in part, if the respective controller or the procvessor proves that they are not not to be responsible for the event giving rise to the damage.
Amendment 2848 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 1
Article 79 – paragraph 1
1. EachThe competent supervisory authority shall be empowered to impose administrative sanctions in accordance with this Article.
Amendment 2859 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 2
Article 79 – paragraph 2
2. The administrative sanction shall be in each individual case effective, proportionate and dissuasive. The amount of the administrative fine shall be fixed with due regard to the nature, gravity and duration of the breach, the sensitivity of the personal data at issue, the intentional or negligent character of the infringement, the degree of harm or risk of significant harm created by the violation, the degree of responsibility of the natural or legal person and of previous breaches by this person, the technical and organisational measures and procedures implemented pursuant to Article 23 and the degree of co-operation with the supervisory authority in order to remedy the breach. While some discretion is granted in the imposition of such sanctions to take into account the circumstances outlined above and other facts specific to the situation, divergences in the application of administrative sanctions may be subject to review pursuant to the consistency mechanism.
Amendment 2873 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 3 – introductory part
Article 79 – paragraph 3 – introductory part
3. In case of a first and non-intentional non-compliance with this Regulation, a warning in writing may be given and no sanction imposed, where: (a) a natural person is processing personal data without a commercial interest; or (b) an enterprise or an organisation employing fewer than 250 persons is processing personal data only as an activity ancillary to its main activities. The competent supervisory authority may impose a fine, in accordance with the amount of harm caused, up to EUR 1 000 000 for repeated, intentional breaches or, in the case of a company, of up to 1% of its annual worldwide turnover.
Amendment 2887 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 4
Article 79 – paragraph 4
Amendment 2898 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 5
Article 79 – paragraph 5
Amendment 2918 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 6
Article 79 – paragraph 6
Amendment 2943 #
2012/0011(COD)
Proposal for a regulation
Article 79 – paragraph 7
Article 79 – paragraph 7
Amendment 2993 #
2012/0011(COD)
Proposal for a regulation
Article 81 – paragraph 3
Article 81 – paragraph 3
Amendment 3004 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States or collective agreement among employers and employees may adopt by law specific rules regulating the processing of employees‘' personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, criminal conviction, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
Amendment 3042 #
2012/0011(COD)
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
Amendment 3051 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 – introductory part
Article 83 – paragraph 1 – introductory part
1. Within the limits of this Regulation, personal data may be processed for historical, statistical or scientific research purposes only if:
Amendment 3063 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
1a. Within the limits of this Regulation, especially this article, Member States may adopt specific regulations concerning the processing of personal data for scientific research purposes, in particular public health research.
Amendment 3065 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
1a. Further processing of data for historical, statistical or scientific purposes shall not be considered as incompatible with Article 5(1)(b) provided that the processing: (a) is subject to the conditions and safeguards of this Article; and (b) complies with all other relevant legislation.
Amendment 3077 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2 a (new)
Article 83 – paragraph 2 a (new)
2a. A controller or processor may transfer personal data to a third country or an international organisation for historical, statistical or scientific purposes if: (a) these purposes cannot be otherwise fulfilled by processing data which does not permit or not any longer permit the identification of the data subject; (b) the recipient does not reasonably have access to data enabling the attribution of information to an identified or identifiable data subject; and (c) contractual clauses between the controller or processor and the recipient of the data prohibit re-identification of the data subject and limit processing in accordance with the conditions and safeguards laid down in this Article.
Amendment 3085 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 2 – point c a (new)
Article 83 – paragraph 2 – point c a (new)
(ca) the personal data is processed for the purpose of generating aggregate data reports, wholly composed of either anonymous data, pseudonymous data or both.
Amendment 3090 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 3
Article 83 – paragraph 3
Amendment 3093 #
2012/0011(COD)
Proposal for a regulation
Article 83 – paragraph 3
Article 83 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements, exempt technical requirements for the processing of personal data for the purposes referred to in paragraph 1 and 2 as well as any necessary limitations on the rights of information to and access by the data subject and detailing the conditions and safeguards for the rights of the data subject under these circumstances.
Amendment 3129 #
2012/0011(COD)
Proposal for a regulation
Article 89 – paragraph 2
Article 89 – paragraph 2
2. Article 1(2), Article 2(b) and (c), Article 4(3), (4) and (5) and Articles 6 and 9 of Directive 2002/58/EC shall be deleted.
Amendment 14 #
2011/2182(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points to the Inter-institutional Group on Information as an important setting within which the EU institutions can work to honour their commitment to ‘communicate Europe in partnership’1 and coordinate the effort to raise awareness of EU rights; regrets that cooperation within the Inter- institutional Group on Information, has been halted lately and encourages all parties involved to agree on common communication strategies in order to maximise the impact of communication efforts;
Amendment 33 #
2011/2182(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the poor implementation of current directivand adherence to directives in force by Member States, especially the Free Movement Directive, whichsince such situation causes many problems related to free movement and other rights of EU citizens, and calls on all parties to correctly and fully transpose and implement the acquis and most importantly adhere to it;
Amendment 36 #
2011/2182(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that some categories of persons encounter discriminatory obstacles in the exercise of the right to free movement, notably LGBT persons in same-sex unions, transgender people, third country family members and Roma;
Amendment 42 #
2011/2182(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to issue clear guidelines and bring infringement proceedings against those Member States that violate articles 2 and 3 of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States by denying same-sex spouses, same-sex and different-sex registered partners, or same-sex and different-sex partners in a durable and attested relationship and their families the right to free movement and residence, or the facilitation thereof, calls on the Commission to examine the implementation of Directive 2004/38/EC fully in conjunction with Article 21 of the Charter of Fundamental Rights, and initiate infringement proceedings against Member States that discriminate against persons in same-sex unions, transgender people, third-country family members and Roma;
Amendment 44 #
2011/2182(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls the Commission to come up urgently with an ambitious proposal on the full mutual recognition of the effects of civil status documents across the EU so as to finally overcome the legal and administrative obstacles citizens face when moving in the EU, including same- sex spouses, different-sex and same-sex registered partners, or same-sex and different-sex partners in a durable attested relationship and their families, including their children;
Amendment 47 #
2011/2182(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Regrets that citizens of Roma origin are often targeted by Member States for expulsion, in violation of the Free Movement Directive and of the Race Directive, and subjected to collective expulsion procedures, such as in the case of France in 2010; underlines that Roma integration and inclusion is still pending issue in the EU agenda and in this regard calls on the Commission to urge Member States to treat Roma minorities equally and deepen their efforts in the areas of unemployment, housing health, education, free movement, anti- discrimination and fundamental rights; urges the Member States especially to focus on social inclusion of the Roma children;
Amendment 50 #
2011/2182(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Takes the view that, gGiven the low number of EU citizens resident in a Member State other than their own who exercise their right to vote or stand as candidate in either European or local elections in their place of residence, the Commission andakes the view that the Commission should call the Member States shouldto promote such participation by various means including by ensuring that membership of political parties is allowed to all EU citizens and by launching a special informational campaign targeting those EU citizens resident in a Member State other than their own;
Amendment 53 #
2011/2182(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Regrets that a large number of EU citizens resident in a Member State other than their own are not fully and effectively informed about their rights; calls on the Commission to urge the Member States to focus their efforts in enhancing their information systems especially in areas EU citizens initially encounter problems, denial or restriction of their EU rights such as residence, work, social rights, health, marital status, consumer rights;
Amendment 56 #
2011/2182(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission, the Council and Member States to make the most of the upcoming European Year of Citizenship 2013 so to ensure that information campaigns on European citizenship and the rights connected to it are carried out and calls on the Commission to strengthen its activity of monitoring and support to citizens in facing violations of citizens' rights and overcoming them so to ensure that the European Year allows for concrete progress in citizens' lives;
Amendment 57 #
2011/2182(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Regrets that the administrative procedures in some Member States are too time consuming and thus sometimes are equal to a denial of EU citizen's rights; calls on the Commission to be more proactive on infringement procedures in this area ;
Amendment 66 #
2011/2182(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes with regret that the Commission has not been very activesufficiently active and transparent in addressing infringements related to citizens' rights; and consequently calls on the Commission to behave more proactively;strengthen monitoring, reporting and supporting citizens when they face citizens' rights violations, as well as finding solutions to overcome them, including by launching infringement proceedings, in its role of guardian of the Treaties
Amendment 6 #
2011/2157(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes the risks of focusing on the Southern Mediterranean neighbours; highlights the need for upgrading long- standing partnerships with the East, pointing out the challenges and opportunities it holds for the EU; calls on the Commission to accelerate the finalisation and implementation of Association Agreements, including DCFTAs;
Amendment 14 #
2011/2157(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to encourage the construction, upgrading and development of energy networks and infrastructure interconnections with EU neighbours; emphasises the importance of prioritizing projects of EU interest, in order to accelerate their development and implementation;
Amendment 18 #
2011/2157(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Welcomes the Commission's proposal of establishing a cooperation and information exchange mechanism on Member States' bilateral energy agreements with third countries; deems as essential that energy agreements be settled at EU level wherever necessary to achieve EU core objectives;
Amendment 28 #
2011/2157(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that nuclear safety should be a key priority of the EU's dialogue with its neighbours; considers that the EU should advocate for international legally binding nuclear safety standards in multilateral discussions, including under the International Atomic Energy Agency (IAEA), and should aim at extending nuclear safety assessments to EU neighbouring countries; highlights the need for encouraging information sharing in nuclear research and exchange of technological and scientific expertise in this field;
Amendment 38 #
2011/2157(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission's intention to accelerate the energy market integration process by encouraging further convergence of regulatory frameworks, notwithstanding the merits of the Energy Community Treaty; deems as necessary the expansion and the deepening of the Energy Community, in order to ensure proper market performance and legal certainty for investments; considers that cooperation mechanisms like the Baku Initiative and the Eastern Partnership Energy Security Platform should be reviewed, strengthened and developed;
Amendment 58 #
2011/2157(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Looks forward to the Commission's proposals on the new ENI and, welcomes the Commission's intention to emphasise the need for'more for more' benchmark and encourages further differentiation, flexibility and conditionality in granting assistance; notes that, while EU financial rules must be fully observed, EU assistance should be easily accessible and the pursuit of excellence should not be hampered by a rigid framework.;
Amendment 44 #
2011/2034(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas further integration of renewable energy sources will require some adaptations of the European energy infrastructure both at the transmission and at the distribution levels,
Amendment 115 #
2011/2034(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the crucial importance of timely and full implementation of existing legislation, including the regulatory work called for by the third internal energy market package and the adequate notification of investments in energy infrastructure, pending the judgment of the Court of Justice8, in order to have an overview of potential gaps in demand and supply as well as obstacles to investments;
Amendment 164 #
2011/2034(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that there should be a greater focus on internal transmission systems that significantly contribute to the integration of energy markets and to putting an end to energy islands and transmission bottlenecksrelieving internal bottlenecks that have an impact on the European power system as a whole;
Amendment 203 #
2011/2034(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that attention has to be paid to the ownership of EU energy infrastructure by foreign companies or their subsidiaries, without a transparent management structure and with undue influence from foreign governments; calls on the Commission to present proposals to put in place adequate legal and institutional safeguards in this respect, in particular in what concerns access to EU public funding;
Amendment 221 #
2011/2034(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that fostering the building of transmission and distribution infrastructure for efficient and intelligent integration of renewable energy as well as integration of new electricity uses, notably electric or plug-in hybrid vehicles, is critical for the successful achievement of overall energy objectives and welcomes the priority given to the North Sea grid as an essential element of a future European super-grid; asks the Commission to consult all relevant stakeholders with a view to speeding up the identification of electricity highways and to present an outline to the European Parliament by 2014;
Amendment 231 #
2011/2034(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines that as the integration of renewable energy could create local unbalances, we need to find new, efficient and flexible ways to operate and maintain electric networks. In this matter, points out the crucial role of smart grids and flexible distribution in improving the cost- effectiveness of renewable generation and micro-generation;
Amendment 271 #
2011/2034(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers that, although the decarbonisation of the economy will lead to a progressive decrease in fossil energy use, oil will remain a significant part of EU energy supply for many years and therefore a competitive European oil transport and refining infrastructure must be maintained during the transition in order to ensure secure ad affordable product supplies to EU consumers;
Amendment 286 #
2011/2034(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the importance of infrastructure at distribution level and the role that prosumers and distribution system operators (DSOs) play during the integration of decentralised energy products into the system; underlines that not giving a higher priority to demand- side management would considerably undermine the integration of decentralised energy sources and would undermine the achievement of overall energy policy objectives;
Amendment 290 #
2011/2034(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that new incentives such as dynamic pricing or reward system would help changing user’s behaviour to real prosumers;
Amendment 299 #
2011/2034(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to present by 2012 concrete initiatives to promote the development of energy storage capacities (including multi-use gas/hydrogen facilities, hydropower, high-temperature solar, electric vehicles and other technologies);
Amendment 317 #
2011/2034(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that energy infrastructures should become more end-user-oriented, with a stronger focus on the interaction between distribution system capacities and consumption; to this end, emphasises the need for real-time, two-directional power and information flows; points to the benefits of a new electricity system incorporating modern technologies and services such as smart meters, smart grids and interoperable ICT-operated load- and demand-side energy management services;
Amendment 325 #
2011/2034(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that the roll-out of smart grids should be one of the priorities of the energy infrastructures as it will help to reduce energy dependence by increasing energy efficiency, reducing extreme peak prices and developing electric system flexibility and capacity;
Amendment 326 #
2011/2034(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Emphasises the need for demand- side management to ensure the deployment of smart grid technologies and demand-response systems; further underlines that smart grid benefits will be fully achieved only if all stakeholders are becoming smart grid ready; therefore stresses the need to promote the development of users-friendly technologies;
Amendment 336 #
2011/2034(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that smart grids and energy management solutions offer a unique opportunity to boost the competitiveness of European industry, with particular reference to SMEs, and boost innovation and employment; calls on the Commission to present a new proposal which includes a binding requirement to deploy smart meters for all non-residential customers by 2014;
Amendment 343 #
2011/2034(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. UStresses that smart grids standardisation and interoperability shall be a priority; urges the Members States, in liaison with European standardisation bodies and industry; to speed up work on technical standards for electric vehicles and smart grids and meters, with a view to its completion by 2012; emphasises that technologies should be based on open international standards so as to ensure their cost-effectiveness, which will enhance the interoperability of the systems as well as to provide consumers with choices in terms of solutions;
Amendment 359 #
2011/2034(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that Member States are already obliged to roll out smart meters for at least 80% of their final consumers by 2020; underlines that smart meters will enable consumers to effectively monitor and control their energy consumption; stresses that Member States should support a sufficient number of pilot projects for residential consumers in order to boost the innovation process, as provided for in the third energy market package; calls for clear rules concerning privacy and data protection to be established in accordance with existing EU law;
Amendment 374 #
2011/2034(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the priority corridors identified by the Commission and agrees on the need to optimise limited funds; calls for a clear and transparent methodology leading to the identification of priority projects that meet pressing European needs in terms of upholding the principles of security of supply, sustainability and development of the internal market;
Amendment 387 #
2011/2034(INI)
Motion for a resolution
Paragraph 24 – indent 1 a (new)
Paragraph 24 – indent 1 a (new)
- the project must help achieve the objectives of the EU common energy policy, in priority completing the internal energy market and guaranteeing security of supply,
Amendment 437 #
2011/2034(INI)
Motion for a resolution
Paragraph 25 – indent 1 a (new)
Paragraph 25 – indent 1 a (new)
- relieving cross-border congestions,
Amendment 472 #
2011/2034(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Considers that not only large infrastructure projects should be supported, but also smaller projects which could have a high added value and be more swiftly completed;
Amendment 539 #
2011/2034(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Emphasises that a stable, predictable and appropriate regulatory framework is crucial in order to promote investment; moreover stresses that regulators should foster the implementation of new technologies by creating the necessary market incentives as well as by launching pilot projects;
Amendment 557 #
2011/2034(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Considers in particular that EU project bonds can become a key financial instrument to the needed energy infrastructure investments in Europe, helping private project companies to attract capital market funding from investors; calls on the Commission to swiftly come up with a legislative proposal on EU project bonds;
Amendment 25 #
2011/0461(COD)
Proposal for a decision
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. The Member States shall take all necessary actions to develop and implement their risk management plans while ensuring full coverage of the major risks they are facing.
Amendment 26 #
2011/0461(COD)
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The risk management plans shall take into account thinclude national risk assessments and other relevant risk assessment and shall be coherent with other relevant plans in force in that Member State.
Amendment 27 #
2011/0461(COD)
Proposal for a decision
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. The risk management plans shall be regularly updated every three years by the Member States in order to ensure full coverage of the developing nature, structure, and intensity of risks. The updated risk management plans shall be communicated to the Commission.
Amendment 28 #
2011/0461(COD)
Proposal for a decision
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) setting up and ensuring the functioning of a training programme and training network for civil protection and other emergency management personnel on disaster prevention, preparedness, and response, with a view to enhance the coordination, compatibility and complementarity between the modules and other capacities referred to in Articles 8, 9 and 11, and by improving the competence of the experts referred to in point (d) of Article 7. The programme shall include joint courses, exercises and exchange of experts system, whereby individuals may be seconded to other Member States;
Amendment 29 #
2011/0461(COD)
Proposal for a decision
Article 21 – point a
Article 21 – point a
(a) preparing and implementing risk management plans and a Union-wide overview of risks;
Amendment 30 #
2011/0461(COD)
Proposal for a decision
Article 21 – point k (new)
Article 21 – point k (new)
(k) supporting a training programme and an EU training network, involving civil protection schools, training centres and other emergency management personnel on disaster prevention, preparedness and response in Member States.
Amendment 31 #
2011/0461(COD)
Proposal for a decision
Article 22 – paragraph 2 (new)
Article 22 – paragraph 2 (new)
The Union financial contribution for the actions under this point shall cover 100 % of the total eligible costs.
Amendment 56 #
2011/0437(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The absence of clear rules at Union level governing the award of concession contracts gives rise to legal uncertainty and to obstacles to the free provision of services and causes distortions in the functioning of the Internal Market. As a result, economic operators, in particular Small and Medium Enterprises (SMEs), are being deprived of their rights within the Internal Market and miss out on important business opportunities, while public authorities may not find the best use of public money so that EU citizens benefit from quality services at best prices. An adequate, balanced and flexible legal framework for the award of concessions would ensure effective and non- discriminatory access to the market to all Union economic operators and legal certainty, favouring public investments in infrastructures and strategic services to the citizen.
Amendment 58 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Concessions below the threshold value may be awarded by mutual agreement.
Amendment 65 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. This Directive shall apply to the following concessions the value of which is equal to or greater than EUR 5 000 000 for concessions lasting up to five years:
Amendment 67 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. This Directive shall apply to the following concessions, the value of which is equal to or greater than EUR 10 000 000 for concessions lasting more than five years: (a) concessions concluded by contracting entities for the pursuit of one of the activities referred to in Annex III; (b) concessions concluded by contracting authorities.
Amendment 70 #
2011/0437(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Services concessions lasting for up to five years the value of which is equal to or greater than EUR 2 500 000 but lower than EUR 5 000 000 other than social services and other specific services shall be subject to the obligation to publish a concession award notice in accordance with Articles 27 and 28. Services concessions lasting more than five years, the value of which is equal to or greater than EUR 5 000 000 but lower than EUR 10 000 000, other than social services and other specific services, shall be subject to the obligation to publish a concession award notice in accordance with Articles 27 and 28.
Amendment 83 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof, on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law, or regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex III.
Amendment 86 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. This Directive shall not apply to agreements through which the State or the contracting authority or entity awards an economic operator the right to exploit certain public domains or resources, when the State or contracting authority or entity establishes only general conditions for their use without becoming a beneficiary of the specific works or services provided by the economic operator.
Amendment 99 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
(b) at least 9100% of the activities of that legal person are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity
Amendment 102 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
(b) at least 9100% of the activities of that legal person are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity;
Amendment 115 #
2011/0437(COD)
Proposal for a directive
Article 16
Article 16
The duration of the concession shall be limited to the time estimated to be necessary for the concessionaire to recoup the initial and subsequent investments made in operating the works or services together with a reasonable return on invested capital.
Amendment 121 #
2011/0437(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
However, the choice between awarding a single concession and awarding a number of separate concessions mayshall not be made with the objective of excluding it from the scope of this Directive.
Amendment 123 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 1 – indent 2
Article 26 – paragraph 6 – subparagraph 1 – indent 2
– it is completely irrelevant to the concession, being incapable offailing to meeting the contracting authority or contracting entity's needrequirements as specified in the concession documents.
Amendment 125 #
2011/0437(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Contracting authorities and contracting entities shall indicate in the contract notice, in the invitation to submit tenders or in the concession documents a description of the concession, the award criteria and the minimum requirements to be met. This information must allow to identify the nature and scope of the concession, enabling economic operators to decide whether they request to participate in the concession award procedure. The description, award criteria and minimum requirements shall not be changed in the course of the negotiContracting authorities may, during the procedure but before tenders are received, adjust the minimum requirements and the award criteria without publishing a general correction, if the change has no impact on the tenderers. Contracting authorities should inform the tenderers concerned and should provide for a reasonable extension of the deadline for applications.
Amendment 128 #
2011/0437(COD)
Proposal for a directive
Article 35 – paragraph 5 – point e
Article 35 – paragraph 5 – point e
(e) they shall establish a written record of formal deliberations and any other steps and events relevant for the concession award procedure. In particular, it shall, in order to ensure, by all appropriate means, the traceability of the negotiations.
Amendment 132 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 136 #
2011/0437(COD)
Proposal for a directive
Article 39 – paragraph 4 – point a
Article 39 – paragraph 4 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, social criteria, environmental characteristics and innovative character.
Amendment 41 #
2011/0430(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Proper implementation of some of the features of this Directive, such as means of redress, compliance with charging principles and reporting obligations require supervision by independent authorities competent on the re-use of public sector informationa competent impartial body, entitled to review any public sector body's decision on re-use. To ensure consistency between approaches at Union level, coordination between the independent authoritse bodies should be encouraged, particularly through exchange of information on best practices and data re- use policies.
Amendment 46 #
2011/0430(COD)
Proposal for a directive
Recital 17
Recital 17
(17) It is necessary to ensure that the Member States (see recital 19) report to the Commission on the extent of the re-use of public sector information, the conditions under which it is made available, and the work of the independent authoritmpartial body. To ensure consistency between approaches at Union level, coordination between the independent authoritmpartial bodies should be encouraged, particularly through exchange of information on best practices and data re-use policies.
Amendment 48 #
2011/0430(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The Commission shouldmay assist the Member States in implementing the Directive in a consistent way by giving guidance, particularly on charging and calculation of costs, on recommended licensing conditions and on formats, after consulting interested parties.
Amendment 51 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 1 – point 2
Article 1 – point 1 – point 2
Amendment 61 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 2003/98/EC
Article 2 – point 6
Article 2 – point 6
6. “machine-readable” means that a digital documents are sufficiently structured for is structured in such a way that software applications to identify reliablcan reliably identify individual statements of fact and their internal structure.
Amendment 73 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 4 – point 2
Article 1 – point 4 – point 2
Directive 2003/98/EC
Article 4 – paragraph 4
Article 4 – paragraph 4
The means of redress shall include the possibility of review by an independent authoritmpartial body that is vested with specific regulatory powers regarding the re-use of public sector information and whose decisions are binding upon the public sector body concerned.
Amendment 86 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6– paragraph 2
Article 6– paragraph 2
2. In exceptional cases, in particular where public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights, public sector bodies may be allowed to charge for the re-use of documents over and above the marginal costs, according to objective, transparent and verifiable criteria, provided this is in the public interest and subject to the approval of the independent authoritmpartial body referred to in Article 4(4), and without prejudice to paragraphs 3 and 4 of this Article.
Amendment 116 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 10 – Introductory part
Article 1 – point 10 – Introductory part
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
10. In Article 11 (Prohibition of exclusive arrangements), the following sentence is added at the end of paragraph 3paragraph 2a is inserted and paragraph 3 is replaced by the following:
Amendment 117 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 10
Article 1 – point 10
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 121 #
2011/0430(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/98/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 122 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 10 a (new)
Article 1 – point 10 a (new)
Directive 2003/98/EC
Article 11 – paragraph 3a (new)
Article 11 – paragraph 3a (new)
Amendment 127 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 2003/98/EC
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Member States shall submit a yearly report to the Commission on the extent of the re- use of public sector information, the conditions under which it is made available and the work of the independent authoritmpartial body referred to in article 4(4).
Amendment 10 #
2011/0411(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Furthermore, since 2007 the Union has strengthened and deepened its cooperation and partnership with developing and transition countries in Latin America, Asia, Central Asia, and Latin America and with Iraq, Iran, Yementhe Middle East and South Africa, on the basis of Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (DCI).
Amendment 11 #
2011/0411(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is in the Union's interest to deepen its relations with partners who are playing an increasingly important role in the international economy and trade, in south- south trade and cooperation, in the management of resources and energy markets, in multilateral fora including Group of Twenty Finance Ministers and Central Bank Governors (G 20), in global governance and in addressing challenges of global concern. The Union needs to build comprehensive partnerships with new players on the international scene, in order to promote a stable and inclusive international order, pursue common global public goods, defend core interests of the Union and increase knowledge of the Union in these countries.
Amendment 12 #
2011/0411(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The EU needs a financial instrument of global scope allowing the financing of measures that might not qualify as ODA but which are crucially important for deepening and consolidating its relations with the partner countries concerned, in particular through policy dialogues and development of partnershipspartnerships, as well as development of key projects of mutual interest.
Amendment 14 #
2011/0411(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In particular, fighting climate change is recognised as one of the great global challenges which the Union faces and theand an area where urgent international action is necessary. In accordance with the intent stated in the Commission Communication ‘A budget for Europe 2020’ of increasing the climate related proportion of the Union budget to at least 20%, this Regulation should contribute to that goal.
Amendment 17 #
2011/0411(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Under this Regulation, the Union should support the implementation of the ‘Europe 2020’ strategy, in particular objectives relating to climate change, security of energy supply, the transition to a greener economy and resource efficiency, trade and investment, business and regulatory cooperation with third countries, and should promote public diplomacy, education/academic cooperation and outreach activities.
Amendment 18 #
2011/0411(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Union should be able to respond in a flexibltailor-made and timely manner to evolving needs and /or unforeseen needevents in order to make its commitment to promote its interests in its relations with third countries more effective, by adopting special measures not covered by multi- annual indicative programmes.
Amendment 23 #
2011/0411(COD)
Proposal for a regulation
Annex – point a a (new)
Annex – point a a (new)
(aa) the promotion of, and support for, initiatives and actions designed to create real functioning markets, and the removal of red tape and trade barriers, with the aim of boosting the Union's competitive advantage;
Amendment 24 #
2011/0411(COD)
Proposal for a regulation
Annex – point f
Annex – point f
(f) the promotion of initiatives and, actions and projects of Union or mutual interest in areas such as climate change, environmental matters including biodiversity, resource efficiency, raw materials, energy, transport, science, research and innovation, employment and social policy, sustainable development, including promotion of decent work, and corporate social responsibility, south-south trade and cooperation, education, culture, tourism, information and communication technologies, health, justice, customs, taxation, financial, statistics and any other matter pertaining to the Union's specific interests or of mutual interest between the Union and third countries;
Amendment 18 #
2011/0405(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Union support under this Regulation should in principle be aligned to corresponding national, regional or local strategies and measures of partner countries.
Amendment 19 #
2011/0405(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In Neighbourhood countries where alignment to Union rules and standards is one of the key policy objectives, the Union is best placed to deliver this supportshould commit to delivering timely and cost-effective assistance. Certain specific support can only be provided at Union level.
Amendment 20 #
2011/0405(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Energy cooperation with neighbouring countries, based upon convergence with the Union's internal market rules, including regulatory integration, gradual liberalisation and market transparency, is a key element for the security of supply sources and transit routes. In the long term, abiding to the legal provisions of the Third Energy Package will ensure security, transparency and cost-effectiveness for the functioning of the gas and electricity markets.
Amendment 27 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) achieving progressive integration into the Union internal market and enhanced sector and cross-sectoral co-operation including, through legislative approximation and regulatory convergence towards Union and other relevant international standards, related institution building and investments, notably in interconnectionfrastructure interconnections aimed at ensuring diversification and reliability of transit routes;
Amendment 30 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) sustainable and inclusive development in all aspects, poverty reduction, including through private-sector development; promotion of internal economic, social and territorial cohesion, rural development, energy cooperation, climate action and disaster resilience;
Amendment 31 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) promoting confidence building and otherthrough concrete measures contributing to security and the prevention and settlement of conflicts;
Amendment 43 #
2011/0405(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. When it is necessary to implement more effectively measures for the common benefit of the Union and partner countries, in areas such as transnational co-operation and inter-connections, funding under this Regulation can be pooled together with funding covered by other relevant Union Regulations establishing financial instruments, such as the Connecting Europe Facility. In this case, the Commission shall decide which single set of rules should apply to implementation.
Amendment 44 #
2011/0405(COD)
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. In the event of economic, political or energy crises or threats to democracy, the rule of law, human rights and fundamental freedoms, or of natural or man-made disasters, an ad hoc review of the programming documents may be conducted. Such emergency review shall ensure that coherence between Union support provided under this Regulation and support provided under other Union financial instruments is maintained. An emergency review may lead to the adoption of revised programming documents. Where this is the case, the Commission shall send the revised programming documents to the European Parliament and to the Council for information within one month of their adoption.
Amendment 260 #
2011/0399(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. By way of derogation from paragraph 1, in the case of European Research Council (ERC) frontier research actions, the SME instrument, actions in the area of primary agricultural production, programme co- fund actions and in justified cases provided for in the work programme or work plan, the minimum condition shall be the participation of one legal entity established in a Member State or associated country.
Amendment 449 #
2011/0399(COD)
Proposal for a regulation
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5a. By way of derogation from paragraph 5, actions in the area of primary agricultural production shall benefit from grants covering 100% of the total eligible costs.
Amendment 18 #
2011/0394(COD)
Draft Legislative resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe1; reiterates that, regardless of realisable savings and reallocations, sufficient additional resources are needed in the next MFF in order to enable the Union to fulfil its existing policy priorities and the new tasks provided for in the Treaty of Lisbon, as well as to respond to unforeseen events; challenges the Council, if it does not share this approach, to clearly identify which of its political priorities or projects could be dropped altogether, despite their proven European added value. _______________ 1 Texts adopted, P7_TA(2011)0266.
Amendment 165 #
2011/0302(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Telecommunications are increasingly becoming internet-based infrastructures, with broadband networks and digital services closely interrelatedinfrastructure catalysing the use of digital services across a whole range of activities in society. The internet is becoming the dominant platform for communication, offering servicfor doing busines,s and doing businessfor cultural cohesion. Therefore the trans- European availability of fast Internet access and digital services is essential for economic growth and the Single Market.
Amendment 168 #
2011/0302(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Modern, fibre-basedast internet networks are a crucial infrastructure for the future in terms of connectivity for European companies, in particular SMEs, that want to use cloud computing in order to improve cost- efficiency. In the field of telecommunications, special emphasis will be given to actions which support cloud and ultra-fast wireless networks deployment objectives.
Amendment 198 #
2011/0302(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The EU Budget Review34 emphasised that the norm for projects with long-term commercial potential should be the use of Union funds in partnership with the financial and banking sectors, particularly the European Investment Bank (‘''EIB'’') and Member States‘' public financial institutions, but also with other international financial institutions and the private financial sector, including at national and regional level. The partnering arrangements need to emphasise the local knowledge and relationship between projects and financial intermediaries.
Amendment 328 #
2011/0302(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point i
Article 4 – paragraph 1 – point c – point i
(i) stimulating and generating the demand for broadband services by promoting the interconnection and interoperability of national public services online as well as access to such networks, to be measured by the percentage of citizens and businesses using public services online and the availability of such services across borders; (ia) accelerating the deployment of fast and ultrafast broadband networks and their uptake through financial instruments in order to meet existing and rising demand, including by small and medium sized enterprises (SMEs), to be measured by the level of broadband and ultrafast broadband coverage and the number of households having subscribed for broadband connections for above 100 Mbps;
Amendment 385 #
2011/0302(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In the field of telecommunication, allonly actions implemencontributing theo projects of common interest and programme support actions set out in the Annex of thein accordance with Regulation (EU) No XXXX/2012 [INFSO GTelecom infrastructure guidelines], shall be eligible to receivefor support through Union financial aid in the form of a grant, procurement and financial instruments under this Regulationgrants for generic services and horizontal priorities, including programme support actions, in the form of grants and procurement for core service platforms. Actions in the field of broadband deployment, including actions generating demand for broadband services, shall be eligible for Union financial support in the form of financial instruments.
Amendment 145 #
2011/0300(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Notwithstanding the Union’s efforts to speed up the development and deployment of carbon capture and storage, a separate allocation of grants to carbon capture and storage transport and storage infrastructure within this regulation is not justified, given that no carbon capture and storage technology on a commercial scale will be built before 2020.
Amendment 149 #
2011/0300(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The identification of projects of common interest should be based on common, transparent and objective criteria in view of their contribution to the energy policy objectives. For electricity and gas, proposed projects should be part of the latest available ten-year network development plan. This plan should notably take account of the conclusions of the 4 February European Council with regard to the need to integrate peripheral energy markets and promote investment in renewable energy sources and safe and sustainable low carbon technologies.
Amendment 154 #
2011/0300(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Union-wide list of projects of common interest should be limited to projects which contribute the most to the implementation of the strategic energy infrastructure priority corridors and areas. This requires the decision on the list to be taken by the Commission, while respecting the principles of transparency and objectivity during the project selection process. The right of the Member States to approve projects of common interest related to their territory is safeguarded in accordance with the Treaty. In the event of Member States refusing projects of common interests in their territory, such refusal should be duly justified. However, the ultimate decision should remain in the hands of the Member States within their Regional Groups. According to analysis carried out in the accompanying impact assessment, the number of such projects of common interest is estimated at some 100 in the field of electricity and 50 in the field of gas.
Amendment 157 #
2011/0300(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Any project fulfilling the eligibility criteria as to qualify as project of common interest that has not been included in the ten year network development plans should also be taken into consideration by the Regional Groups in the identification process, at all times.
Amendment 174 #
2011/0300(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) Considering that this Regulation aims at building up a highly competitive single market for energy, the projects of common interest must help achieve the objectives of the Union common energy policy and, as a matter of priority, complete the internal energy market and guarantee security of supply, paying due consideration to avoiding market distortion.
Amendment 183 #
2011/0300(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Projects of common interest in the fields of electricity, gas and carbon dioxide and gas should be eligible to receive Union financial assistance for studies and, under certain conditions, for works underlaid down in the proposed Regulation for a Connecting Europe Facility (CEF Regulation), either in the form of grants or in the form of innovative financial instruments. This will ensure tailor-made support can be provided to those projects of common interest which are not viable under the existing regulatory framework and market conditions. Such financial assistance should ensure the necessary synergies with funding from instruments under other Union policies. In particular, the Connecting Europe Facility will finance energy infrastructure of European relevance, while Structural Funds will finance smart energy distribution networks of local or regional importance. The two sources of funding will thereby complement each other.
Amendment 190 #
2011/0300(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point d
Article 1 – paragraph 2 – point d
Amendment 191 #
2011/0300(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘energy infrastructure’ means any physical equipment designed to allow transmission and distribution of electricity or gas, transportation of oil, or carbon dioxide, or storage of electricity or gas, or reception, storage and regasification or decompression facilities for liquefied natural gas (LNG) and compressed natural gas (CNG), which is located within the Union or linking the Union and one or more third countries;
Amendment 213 #
2011/0300(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall establish a Union-wide list of projects of common interest. The list shall be reviewed and updated as necessary every two years. The first list shall be adopted by 31 July 2013 at the latest.
Amendment 217 #
2011/0300(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. For the purpose of identifying projects of common interest, the Commission shall establish a Regional Group (‘Group’) as defined in section 1 of Annex III based on each priority corridor and area and their respective geographical coverage as set out in Annex I, two months after adoption of this regulation at the latest. The Commission shall chair the Group.
Amendment 224 #
2011/0300(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The Commission shall submit the first Union-wide list of projects of common interest to the Regional Groups. The Regional Groups shall approve and adopt the list by 31 July 2013 at the latest.
Amendment 255 #
2011/0300(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. For oil and carbon dioxide transport projects falling under the categories set out in points 3 and 4 of Annex II, the Commission shall evaluate the application of the criteria set out in Article 4. For carbon dioxide projects falling under the category set out in point 4 of Annex II, the Commission shall also take into account the potential for future extension to include additional Member States.
Amendment 269 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) the project displays economic, social and environmental viability including a significant contribution to the Union's greenhouse gas emission reduction and renewable energy targets for 2020 and 2050; and
Amendment 277 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) the potential benefits of the projects assessed outweigh its costs;
Amendment 337 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When ranking projects contributing to the implementation of the same priority, due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition, interoperability with the existing infrastructures, local area-based system stability, sustainability and security of supply, the number of Member States affected by each project, and its complementarity with regard to other proposed projects. Further consideration should be given to the opportunity of smaller projects development as opposed to large scale project as the first could have a higher added value and be more swiftly implemented thus completing the network at a faster pace. For projects falling under the category set out in point 1(e) of Annex II, due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users.
Amendment 352 #
2011/0300(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. When ranking projects contributing to the implementation of the same priority, due consideration shall also be given to the urgency of each proposed project in order to meet the energy policy targets of market integration and competition, sustainability, climate and renewable energy targets and security of supply, the number of Member States affected by each project, and its complementarity with regard to other proposed projects. For projects falling under the category set out in point 1(e) of Annex II, due consideration shall also be given to the number of users affected by the project, the annual energy consumption and the share of generation from non dispatchable resources in the area covered by these users.
Amendment 357 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Project promoters shall implement projects of common interest according to an implementation plan including a timetable for feasibility and design studies, regulatory approval, construction and commissioning, and the permit granting schedule referred to in Article 11(3). Transmission system operators, distribution system operators or other operators shall operate projects of common interest in their areaHydro pumped storage and projects falling under the category set out in the Annex II, point 2(b) and 2(c) shall not be operated by transmission system operators.
Amendment 361 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Agency and the Groups shall monitor the progress achieved in implementing the projects of common interest. To that end, national regulatory authorities and project promoters shall report back to each Regional Group meeting on progress achieved. The Groups may request additional information provided in accordance with paragraphs 3, 4 and 5, verify the provided information on site and convene meetings with the relevant parties. The Groups may also request the Agency to take measures to facilitate the implementation of projects of common interest.
Amendment 381 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 6 – introductory part
Article 5 – paragraph 6 – introductory part
6. If the commissioningimplementation of a project of common interest is delayed by more than two years compared to the implementation plan other than for overriding reasons beyond the control of the project promoter and without sufficient justification:
Amendment 387 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 6 – point a
Article 5 – paragraph 6 – point a
(a) The project promoter of that project shall accept investments by one or several other operators or investors to implement the project. The system operator, in whose area the investment is located, shall provide the implementing operator(s) or investor(s) with all information needed to realise the investment, shall connect new assets to the transmission network andInsofar as measures referred to in Article 22(7) (a), (b) or (c) of Directives 2009/72/EC and 2009/73/EC are applicable according to respective national laws, national regulatory authorities shall generally make its best efforts to facilitate the implementation of the investment and the secure, reliable and efficient operation and maintenance of the project of common interessure that the investment is carried out.
Amendment 395 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 6 – point b
Article 5 – paragraph 6 – point b
(b) If the Commission may launch a call for proposals opmeasures of national regulatory authorities according to the previous sentence are not sufficient to ensure that the investment is carried out, or are not applicable, the project promoter of that project shall accept investments financing or construction by one or several other third parties to implement to any project promoter to build the project according to an agreed timelinehe project. The system operator, in whose area the investment is located, shall provide the implementing operator(s) or investor(s) with all information needed to realize the investment, shall connect new assets to the transmission network and shall generally make its best efforts to facilitate the implementation of the investment and the secure, reliable and efficient operation and maintenance of the project of common interest.
Amendment 400 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 6 – point b a (new)
Article 5 – paragraph 6 – point b a (new)
(ba) if the delay compared to the implementation plan exceeds two years, the Commission may launch a call for proposals open to any project promoter to build the project according to an agreed timeline.
Amendment 410 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 7 – subparagraph 1 – point a
Article 5 – paragraph 7 – subparagraph 1 – point a
Amendment 414 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 7 – subparagraph 1 – point b
Article 5 – paragraph 7 – subparagraph 1 – point b
Amendment 421 #
2011/0300(COD)
Proposal for a regulation
Article 5 – paragraph 7 – subparagraph 2
Article 5 – paragraph 7 – subparagraph 2
Projects, which are withdrawn from the Union-wide list, lose all rights and obligations arising from this Regulation for projects of common interest. This article shall be without prejudice to any Union financing paid to the project prior to the withdrawal decision and to benefiting from streamlined permitting process already applied according to the provisions of Chapter III.
Amendment 504 #
2011/0300(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Within onefour months of the entry into force of this Regulation, the ENTSO for Electricity and the ENTSO for Gas shall submit to the Agency and the Commission their respective methodology, including on network and market modelling, for a harmonised energy system-wide cost- benefit analysis at Union-wide level for projects of common interest falling under the categories set out in points 1(a) to (d) and 2 of Annex II. The methodology shall be elaborated in line with the principles laid down in Annex V in particular in consultation with the users group as referred to in Annex V.
Amendment 526 #
2011/0300(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. By 31 December 2016, the ENTSO for Electricity and the ENTSO for Gas shall jointly submit to the Commission and the Agency common electricity and gas market and network model including both electricity and gas transmission, LNG terminals and storage, covering the priority corridors and areas designated in Annex I and elaborated in line with the principles laid down in Annex V. After approval of this model by the Commission according to the procedure set out in paragraphs 2 to 4, it shall be included in the methodology.
Amendment 564 #
2011/0300(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. The incentive granted by the decision shall take account of the specific nature of the risk incurred and cover inter alia:
Amendment 575 #
2011/0300(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Commission may issue guidelines regarding the incentives laid down in this Article in accordance with Article 18(1) to (3) of Regulation (EC) No 714/2009 and Article 23 (1) of Regulation (EC) No 715/2009.
Amendment 581 #
2011/0300(COD)
Proposal for a regulation
Article 15
Article 15
Amendment 583 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Amendment 591 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 607 #
2011/0300(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 635 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 1 – point 2 – paragraph 1
Annex I – part 1 – point 2 – paragraph 1
(2) North-South electricity interconnections in Western Europe (‘NSI West Electricity’): interconnections between Member States of the region and with Mediterranean third countries, notably to integrate electricity from renewable energy sources.
Amendment 638 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 1 – point 2 – paragraph 2
Annex I – part 1 – point 2 – paragraph 2
Member States concerned: Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Malta, Portugal, Spain, the United Kingdom;
Amendment 650 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 2 – point 5 – paragraph 1
Annex I – part 2 – point 5 – paragraph 1
(5) North-South gas interconnections in Western Europe (‘NSI West Gas’): interconnection capacitiesgas infrastructure for North-South gas flows in Western Europe, to further diversify routes of supply andexternal supply sources, routes, and to enhance security of supply to Central Europe, increaseing short-term gas deliverability and building and optimising the liquefied natural gas (LNG) terminals and gas storage infrastructure.
Amendment 657 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 2 – point 6 – paragraph 1
Annex I – part 2 – point 6 – paragraph 1
(6) North-South gas interconnections in Central Eastern and South Eastern Europe (‘NSI East Gas’): regional gas connections and infrastructure between the Baltic Sea region, the Adriatic and Aegean Seas and the Black Sea, including liquefied and compressed gas (LNG and CNG) terminals and storage, notably to enhance diversification and security of gas supply;
Amendment 661 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 2 – point 7 – paragraph 1
Annex I – part 2 – point 7 – paragraph 1
(7) Southern Gas Corridor (‘SGC’): transmissioninfrastructure for the transmission and storage of gas from the Caspian Basin, Central Asia, the Middle East and the Eastern Mediterranean Basin to the Union, including liquefied and compressed natural gas (LNG and CNG)terminals to enhance diversification and security of gas supply.
Amendment 674 #
2011/0300(COD)
Proposal for a regulation
Annex I – part 4 – point 11 – paragraph 1
Annex I – part 4 – point 11 – paragraph 1
(11) Electricity highways: first electricity highways by 2020, in view of building an electricity highways system across the Union that is capable of: - accommodating ever-increasing wind surplus generation in and around the Northern and Baltic Seas and increasing renewable generation in the East and South of Europe; - connecting these new generation hubs with major storage capacities in Nordic countries and the Alps and with the major consumption centres in Central Europe, and - coping with an increasingly flexible and decentralised electricity demand and supply;
Amendment 686 #
2011/0300(COD)
Proposal for a regulation
Annex II – point 1 – point e
Annex II – point 1 – point e
(e) any equipment or installation, both at transmission and medium and low voltage distribution level, aiming at two-way digital communication, real-time or close to real-time, interactive and intelligent monitoring and management of electricity generation, transmission, distribution and consumption within an electricity network in view of developing a network efficiently integrating the behaviour and actions of all users connected to it – generators, consumers and those that do both – in order to ensure an economically efficient, sustainable electricity system with low losses and high quality and security of supply and safety;
Amendment 695 #
2011/0300(COD)
Proposal for a regulation
Annex II – point 4
Annex II – point 4
Amendment 701 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 1 – paragraph 1
Annex III – part 1 – point 1 – paragraph 1
(1) For electricity projects falling under the categories set out in point 1 of Annex II, each Group shall be composed of representatives of the Member States, national regulatory authorities, transmission system operators following their obligation to cooperate on a regional level in accordance with Article 6 of Directive 2009/72/EC and Article 12 of Regulation (EC) No 714/2009 and the relevant project promoters and stakeholders at regional level, including generators, distribution system operators concerned by each of the relevant priorities designated in Annex I, as well as the Commission, the Agency and the ENTSO for Electricity, .
Amendment 707 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 1 – paragraph 2
Annex III – part 1 – point 1 – paragraph 2
For gas projects falling under the categories set out in point 2 of Annex II, each Group shall be composed of representatives of the Member States, national regulatory authorities, transmission system operators following their obligation to cooperate on a regional level in accordance with Article 7 of Directive 2009/73/EC and Article 12 of Regulation (EC) No 715/2009 and the relevant project promoters and stakeholders at regional level, including generators, distribution system operators concerned by each of the relevant priorities designated in Annex I, as well as the Commission, the Agency and the ENTSO for Gas, .
Amendment 710 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 1 – paragraph 3
Annex III – part 1 – point 1 – paragraph 3
Amendment 722 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 4 a (new)
Annex III – part 1 – point 4 a (new)
(4a) In the process of deciding upon the list of projects of common interest, each Regional Group shall seek to reach consensus only among the Member States that are directly involved in the projects.
Amendment 724 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 4 b (new)
Annex III – part 1 – point 4 b (new)
(4b) Member States that are not involved in project under discussion shall not be entitled to block its inclusion on the list of projects of common interest.
Amendment 725 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 1 – point 4 c (new)
Annex III – part 1 – point 4 c (new)
(4c)Each Group shall publish its internal rules and an updated list of members and shall make them easily accessible at any time. Each Group shall also publish regularly updated information on the progress of its work as well as its final conclusions and decisions and make them easily accessible.
Amendment 732 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 2 – point 1 a (new)
Annex III – part 2 – point 1 a (new)
(1a) Each potential project promoter may submit to the respective Regional Group an assessment of its project with regards to the contribution to implementing the priorities set out in Annex I, and the fulfilment of the relevant criteria defined in Article 4, Annex II and Annex III. The respective Regional Group must deliver a reasoned opinion on the qualification of the projects as project of common interest within a period of 6 months.
Amendment 740 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 2 – point 3
Annex III – part 2 – point 3
(3) Proposed electricity transmission and storage projects falling under the categories set out in point 1(a) to (d) of Annex II shall either be part of the latest available ten- year network development plan for electricity, developed by the ENTSO for Electricity pursuant Article 8 of Regulation (EC) 714/2009 or fulfil the criteria listed in Article 4 point 1, Article 4 point 2(a), and Annex II point 1.
Amendment 743 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 2 – point 4
Annex III – part 2 – point 4
(4) For all Union-wide lists of projects of common interest adopted after 1 August 2013, pProposed gas transmission and storage projects falling under the categories set out in point 21(a) to (d) of Annex II shall either be part of the latest available ten-year network development plan for gas, developed by the ENTSO for Gas pursuant Article 8 of Regulation (EC) 715/2009 or fulfil the criteria listed in Article 4 point 1, Article 4 point 2(b), and Annex II point 2.
Amendment 747 #
2011/0300(COD)
Proposal for a regulation
Annex III – part 2 – point 5
Annex III – part 2 – point 5
Amendment 760 #
2011/0300(COD)
Proposal for a regulation
Annex IV – point 1 – point d
Annex IV – point 1 – point d
(d) for gas storage or liquefied/compressed natural gas, the project aims at supplying directly or indirectly at least two Member States or at fulfilling the infrastructure standard (N-1 rule) at regional level in accordance with Article 6(3) of Regulation (EU) No 994/2010;
Amendment 769 #
2011/0300(COD)
Proposal for a regulation
Annex IV – point 1 – point e
Annex IV – point 1 – point e
(e) for smart grids, the project is designed for equipments and installations at high- voltage and medium-voltage level designed for a voltage of 10kV or moreand low- voltage level as defined by relevant European standards. It involves transmission and distribution system operators from at least two Member States, which cover at least 100,000 users that generate or consume electricity or do both in a consumption area of at least 300 Gigawatthours/year, of which at least 20% originate from non dispatchable resources.
Amendment 801 #
2011/0300(COD)
Proposal for a regulation
Annex V – point 2
Annex V – point 2
(2) The data set shall reflect Union and national legislations in force at the date of analysis. The data sets used for electricity and gas respectively shall be compatible, notably with regard to assumptions on prices and volumes in each market. The data set shall be elaborated after formally consulting Member States and the organisations representingation by the Agency of the Member States and all relevant stakeholders. The Commission and the Agency shall ensure access to the required commercial data from third parties when applicable.
Amendment 813 #
2011/0300(COD)
Proposal for a regulation
Annex V – point 6 – point e a (new)
Annex V – point 6 – point e a (new)
(ea) Congestion in the electricity network.
Amendment 826 #
2011/0300(COD)
Proposal for a regulation
Annex V – point 12
Annex V – point 12
(12) Transmission, storage, liquefied and compressed natural gas (LNG/CNG) terminal and distribution system operators shall exchange the information necessary for the elaboration of the methodology, including the relevant network and market modelling. Any transmission or distribution system operator collecting information on behalf of other transmission or distribution system operators shall give back to the participating transmission and distribution system operators the results of the collection of data. For the common electricity and gas market and network model set out in paragraph 8 of Article 12, the input data set referred to in point 1 shall cover the years n+10, n+20 and n+30 and the model shall allow for a full assessment of economic, social and environmental impacts, notably including external costs such as those related to greenhouse gas and conventional air pollutant emissions or security of supply.
Amendment 829 #
2011/0300(COD)
Proposal for a regulation
Annex V – point 12 a (new)
Annex V – point 12 a (new)
(12a) To establish the proposed methodology, the ENTSO for Electricity and the ENTSO for Gas shall extensively consult the users group representing all relevant stakeholder associations. The users group shall meet at least twice before the ENTSO for Electricity and the ENTSO for Gas submit the methodology to the Agency and the Commission, as set out in article 12 (2). Each association shall have the right to nominate two members to the users group. The proceeding and results of the meetings shall be made public to guarantee full transparency.
Amendment 58 #
2011/0299(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions -European Broadband: investing in digitally driven growth concludes that the critical role of the internet means that the benefits for society as a whole appear to be much greater than the private incentives to invest in faster networks. PTherefore, public support for this area is therefore necessary, buis necessary, targeting areas where there is a lack of commercial initiatives to satisfy current or anticipated demand. Any public support should not unduly distort competition, nor strengthen the dominant position of some market players, nor dis- incentivise private investment.
Amendment 67 #
2011/0299(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) The financial resources available at Union level are scarce; the Connecting Europe Facility should focus on projects of common interest that provide highest EU-added value. In the telecom sector, financial aid should primarily be targeted at projects that will generate demand for broadband, including the building of a European digital service infrastructure, which should in turn stimulate investments in broadband network deployment.
Amendment 69 #
2011/0299(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Within the framework of a system of open and competitive markets, the Union's intervention is necessary where existing and anticipated market failures need to be overcome. By providing financial support and additional financing leverage to infrastructure projects the Union can contribute to the establishment and development of trans-European networks in the area of telecommunications, thus generating higher benefits in terms of market impact, administrative efficiency and resource utilisation.
Amendment 76 #
2011/0299(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Substantial economic and social benefits, which cannot be captured nor monetised by investors, are associated with higher broadband speeds. Fast and ultra- fast broadband is the key enabling infrastructure for the development and deployment of digital services, which rely on the availability, speed, reliability and resilience of the physical networks. The deployment and take-up of faster networks opens the way for innovative services exploiting higher speeds. Action at Union level is necessary to maximiseshould aim at maximization of the synergies and interactions between those two components of digital telecommunications networks.
Amendment 87 #
2011/0299(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The development of broadband networks and digital service infrastructures will contribute to the Union's objective to reduce greenhouse gas emission by enabling energy-efficient solutions in many sectors of Europe's economy. This positive effect will be limited, but only to some extent, byoutweighs the growing energy and resource demand related mainly to the construction of broadband networks and the operation of digital service infrastructures.
Amendment 93 #
2011/0299(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Increasing and preserving access to Europe's rich and diverse cultural content and data held by public sector bodies, and opening them up for reuse in full respect of copyright and related rights, will nurture creativity and spur innovation and entrepreneurship. Unhampered access to re-usable multilingual resources will help overcome language barriers, which undermine the internal market for online services and limit access to knowledge. Improving access to electronic educational resources across Europe, while stimulating cooperation and partnership between educational institutions, students, professors would be a cost-efficient way to improve quality of education and strengthen European cohesiveness.
Amendment 105 #
2011/0299(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take into account the developments in the areas of information and communication technologies, 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 amending the Annex to this Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The objective of this delegation is to address new technological and market developments, emerging political priorities or opportunities for exploiting synergies between different infrastructures, including those in the fields of Transport and Energy. The scope of delegation is limited to modifying the description of projects of common interest, adding a project of common interest or removing an obsolete project of common interest according to pre-established, clear and transparent criteria, taking into account investment certainty for market actors.
Amendment 113 #
2011/0299(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) stimulate Europe-wide deployment of fast and ultra-fast broadband networks which, in turn, shall facilitate the development and deployment of trans- European digital service, respecting the principle of technological neutrality, the development and deployment of trans-European digital services which, in turn, will also create demand for Europe-wide deployment of fast and ultra-fast broadband networks.
Amendment 138 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the deployment of ultra fast broadband networks ensuring the speedstimulating and generating the demand for broadband by promoting the interconnection and interoperability of dnata transmission of 100 Mbps and aboveional public services on-line as well as access to such networks;
Amendment 144 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) accelerating the deployment of broadband networks to link island, landlocked and peripheral regions with the central regions of the Union ensuring in those regions that speeds of data transmission are sufficient to permit broadband connectivity of 30 Mbps and abovefast and ultrafast broadband networks and their uptake in order to meet existing and rising demand, including by small and medium-sized enterprises (SMEs);
Amendment 157 #
2011/0299(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) actions allowing to achieve synergies and interoperability between different projects of common interest in the field of Telecommunications, between projects of common interest concerning different types of infrastructures, including Transport and Energy, between project of common interest in the field of Telecommunications and projects supported by the Structural and Cohesion funds, as well as relevant research infrastructures, avoiding unnecessary duplication of administrative burdens.
Amendment 199 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – paragraph 1
Annex 1 – paragraph 1
The projects of common interest shall aim for the removal of bottlenecks which hinder the completion of the Single Market i.e. providing connectivity to the network and access, including across borders, to digital service infrastructures, therefore stimulating demand.
Amendment 202 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – paragraph 2
Annex 1 – paragraph 2
The deployment and enhancement of trans- European telecommunication networks (broadband networks and digital service infrastructures) shall contribute to fostering economic growth, creating jobs and achieving a vibrant digital single market. In particular, their deployment will grant faster access to the internet, bring about information technology-enabled improvements in daily life for citizens, including children and young persons, businesses, universities and governments, increase interoperability and facilitate the alignment or convergence to commonly agreed standards.
Amendment 206 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 1 – paragraph 1 – point b
Annex 1 – section 1 – paragraph 1 – point b
(b) Support actions and other technical support measures. These actions are needed to prepare or support the implementation of projects of common interest or accelerate their take-up. They may include technical and financial engineering assistance that facilitates the preparation of projects of common interest in view of obtaining financial support on the market or under the Regulation (EU) No xxxx/2012 of the European Parliament and of the Council establishing the Connecting Europe Facility. In the field of digital services, support actions shall also stimulate and promote the take- up of new digital service infrastructures that may become necessary or useful based on technological developments, changes in the relevant markets or emerging political priorities.
Amendment 207 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 2
Annex 1 – section 2 – paragraph 2
Investment in broadband infrastructure has been undertaken predominantly by private investors and it is expected that this will remain the case. However, the achievement of the Digital Agenda targets will require investment in areas for which The Union financial support should target areas where commercial initiatives would othere wise not a clear business case or where a business case may need to be enhanced within the time frame of thesatisfy current or anticipated demand, in order to help achieve the Digital Agenda targets. The following types of areas can be characterized on the basis of the likely investment:
Amendment 212 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 4
Annex 1 – section 2 – paragraph 4
Rural and low density areas are typically served with low speed connections and in some cases even not served at all. Such areas will include remote and sparsely populated regions where investment costs are either very high or where income is low. The business case for investment is unlikely to be viable and the European targets are unlikely to be reached by 2020. Investment in these areas needs higher financial support, provided by grants, possibly from cohesion funds or rural development in combination with financial instruments. Such areas will include remote and sparsely populated regions where investment costs are either very high or where income is low. The support from the Connecting Europe Facility in these areas is likely to complement available cohesion funds or rural development and other direct public support under the Connecting Europe Facility.
Amendment 220 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 5
Annex 1 – section 2 – paragraph 5
High density/urban areas – with the exception of some low income regions - are typically well served with medium to fast speed connections, often provided by competitive offerings of cable and telecom operators. Yet because of this relatively satisfactory situation the market incentives to invest in very high speed networks such as fibre to the home are limited. Thus financial supportthe use of financial instruments, may be also envisaged to investments in urban areas with dense populations which do not attract sufficient investment despite societal benefits it would generate, provided that it is in full compliance with Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union, as well as, if relevant, with the Community Guidelines for the application of state aid rules in relation to rapid deployment of broadband networks.
Amendment 222 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 6
Annex 1 – section 2 – paragraph 6
In less developed regions, the support to the deployment of broadband networks should be provided primarily through the instruments of Structural and Cohesion funds. Grants and / orThey should be complemented by financial instruments from the Connecting Europe Facility may complement such support where necessary to achieve the objectives of this Regulation. The achievement of synergies between the CEF actions in those regions and the support from the Structural and Cohesion Funds may be reinforced, by using an appropriate coordination mechanism.
Amendment 248 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 10 – point c a (new)
Annex 1 – section 2 – paragraph 10 – point c a (new)
(c a) Assistance in preparation of projects of common interests in view of obtaining financing under the Regulation (EU) No xxxx/2012 of the European Parliament and of the Council establishing the Connecting Europe Facility or on the financial markets;
Amendment 257 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 13 – point c
Annex 1 – section 2 – paragraph 13 – point c
(c) Regional and local decision makers, including municipalities, who may establish concessions for broadband infrastructures. Equipment providers may be interested in such an arrangement, via the creation of a special purpose company.
Amendment 259 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 13 – point d
Annex 1 – section 2 – paragraph 13 – point d
(d) Partnerships between several operators active in wired and wireless markets to build new generation of infrastructures, as well as between operators and companies established in rural, island, landlocked or peripheral regions.
Amendment 262 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 14
Annex 1 – section 2 – paragraph 14
In building the portfolio due account shall be taken of Member States' investment needs in terms of the number of households to be connected with the support ofthe anticipated demand for broadband access and benefits to the local economy facilitated through the Connecting Europe Facility.
Amendment 264 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 2 – paragraph 15
Annex 1 – section 2 – paragraph 15
Amendment 269 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 6 a (new)
Annex 1 – section 3 – paragraph 6 a (new)
European Platform for Access to Educational Resources The objective is to exploit the benefits of ICT in the field of education through Europe-wide access to educational material. Cost-effective access to and improved quality of educational material through peer-review would strengthen European cohesiveness by enabling contacts, cooperation and debates among pupils and in the academic world. It would serve as a backbone for cooperation between educational institutions facilitating the implementation of other EU programs such as "Erasmus for All" Core service platform. The core service would be an electronic multilingual platform where educational institutions and individuals would be able to share educational material under an open license. The platform would host textbooks, articles, videos and will enable users input, cooperation and discussions. It would facilitate distance education and collaboration between educational actors, including through e-learning applications. It would also serve as a platform for searching and accessing public library resources. The platform requires the development, operation and administration of distributed computing, data storage facilities and software. Generic services (a) Content repository for educational institutions and user generated content (b) Facilities allowing interactivity, collaborative editing of texts, communication (including video- conferencing) between authenticated users (c) Interoperability of libraries' search tools.
Amendment 273 #
2011/0299(COD)
Proposal for a regulation
Annex 1 – section 3 – paragraph 9 – point e a (new)
Annex 1 – section 3 – paragraph 9 – point e a (new)
(e a) Deployment of infrastructures in public transports allowing the use of secure and interoperable mobile proximity services: the deployment of infrastructures in public transports allowing the use of secure and interoperable mobile proximity services will enable citizens, businesses and organisations to access a variety of innovative services in mobility across the Union. Those infrastructures including validation systems will open up opportunities for actors in telecommunications, retail, transports and public sectors to develop pan-European services such as ticketing or payment facilitating EU citizens and businesses' mobility. They will enhance synergies between different infrastructures especially in the field of public transport and telecommunications.
Amendment 83 #
2011/0187(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down wiIn the Member States where their contract for the provision of domestic mobile services is concluded, consumers should have the regard to the provision of aight to opt for the separate sale of retail roaming services which should be introduced in a coordinated manner across the Unionfrom their domestic mobile package. Consumers should be able to choose a different provider for retail roaming services without changing their number, and in a manner which ensures interoperability of services, with retail roaming services being provided anywhere in the Union and with the same level of quality.
Amendment 84 #
2011/0187(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) Consumers in the EU are increasingly using mobile data services in their home country. However, high data roaming prices are hindering customers from using mobile data services when travelling in the Union. Therefore, appropriate measures should be taken to ensure that there are no obstacles to use alternative data roaming services, in particular through separate sale or temporary use of local data roaming services. For temporary usage of local data roaming services mobile users should be enabled to access locally supplied mobile data services, regardless of existing roaming contracts or arrangements with the provider of domestic mobile communication services and without any additional charge levied by them.
Amendment 86 #
2011/0187(COD)
Proposal for a regulation
Recital 22 b (new)
Recital 22 b (new)
(22 b) There are several ways in which facilities for separate sale of roaming services and for temporary access to local data roaming services could be implemented. This Regulation should not mandate any particular technical solution for these facilities but instead lay down essential requirements which should be met by these facilities in order allow the most effective and efficient solution, or combination of solutions. Those requirements should ensure in particular effective competition for the benefit of European consumers, including intensive users of data services.
Amendment 88 #
2011/0187(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Increased cooperation and coordination among mobile network operators should be established to technically enable the provision of separate roaming services, and to ensure coordinated and sound technical evolution of the separate sale ofprovision of separate roaming services and access to local data roaming services in the Union. Therefore, guidelines detailing further the relevant basic principles and methodologies should be elaborated, in order to allow a rapid adaptation to changed circumstances and technological advancement. BEREC, in coordination with the Commission and in collaboration with the relevant stakeholders, should issue guidelines to develop the technical elements of a facility to enable the separate sale of roaming services and access to local data roaming services. The Commission could give a mandate to a European Standardisation Body for the amendment of the relevant standards that are necessary for the harmonised implementation of these facilityies.
Amendment 89 #
2011/0187(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) It is considered that for the separate sale of roaming services to be fully effective, it needs to be combined with the wholesale access obligation for the provision of roaming services to facilitate market entry by new or existing players including cross-border roaming services providers. This solution will avoid distortions between Member States by ensuring a consistent regulatory approach thereby contributing to the development of the single market. However, this solution ine establishment of facilities for separate sale of roaming services will require a reasonable period for operators to adapt at the technical level, and therefore the facility for separate sale of roaming services will only result in a genuine internal market with sufficient competition after a certain period of time. For this reason, price caps for the wholesale charges for voice, SMS messages and data roaming services as well as safeguard caps for those service at the retail level should be maintained on a temporary basis at an appropriate level to ensure that the existing consumer benefits are preserved during a transitional period of implementation of such structural solutions, after which they could be removed
Amendment 92 #
2011/0187(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Considering that roaming prices can still be considered as a barrier to an internal market for telecoms and that the Digital Agenda for Europe sets as an objective that the differences between roaming and national telecoms tariffs should approach zero by 2015, operators should have the choice to reach this target on a voluntary basis. For this reasons operators offering to all their customers on all offers roaming tariffs significantly close to those charged for domestic voice, SMS and data services by 1 July 2014 should be exempted from the obligation to implement the technical measures for separate sale of roaming services. The required tariff level allowing the exemption should be defined by the Commission through delegated acts on basis of the opinion of BEREC after appropriate stakeholder consultation.
Amendment 98 #
2011/0187(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The transitory Eurotariff to be offered to roaming customers should reflect a reasonable margin over the wholesale cost of providing a roaming service, whilst allowing operators the freedom to compete by differentiating their offerings and adapting their pricing structures to market conditions and consumer preferences. SuchAccording to the calculation methodology of BEREC, where the retail cap is three times the wholesale cap, a margin of 200% would allow market entry and the development of competition. Therefore safeguard caps should be set at levels which doccordingly, in order not to distort the competitive benefits of structural solutions and could be removed once the structural solutions have had an opportunity to deliver concrete gains for customers. This regulatory approach should not apply to value added services.
Amendment 132 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o
Article 2 – paragraph 2 – point o
Amendment 134 #
2011/0187(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point o a (new)
Article 2 – paragraph 2 – point o a (new)
(oa) 'local data roaming service' means data roaming service provided to customers directly on a visited network by a mobile network operator, mobile virtual network operator or reseller;
Amendment 153 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Home providerProviders of domestic mobile communications services shall enable their subscribcustomers to access voice, SMS and data roaming services of any interconnected alternative roaming providr to access local data roaming services provided by any alternative roaming provider offering roaming services in the Member State where the contract or arrangement for the provision of domestic mobile communications services has been concluded with the customer.
Amendment 156 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from 1 Julyne 2014, home providers of domestic mobile communications services shall inform all their roaming customers of the possibility to unsubscribe from their existing roaming services and to opt for roaming services fromoffered by an alternative roaming provider in accordance with paragraph 1. The roaming customers shall be given a period of two months within which to make their choice known to their home providers of domestic mobile communications services. In case a customer chooses to switch to an alternative roaming provider within this time limit, the switch should be carried out within a maximum period of one working day. Roaming customers who have not expressed their choice within that period shall have the right to opt for an alternative roaming provider at any moment, in line with paragraphs 3 and 4.
Amendment 161 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than the roaming service provided by the alternative roaming provider, and shall be carried out within fivone working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider of domestic mobile communications services may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding threewo months.
Amendment 165 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers of domestic mobile communications services shall provide all customers individually with full information on the possibility to choose an alternative roaming provider and facilitateshall not hinder the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roamingof domestic mobile communications services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.
Amendment 166 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The home provider of domestic mobile communications services or the operator of a visited network shall not alter the technical characteristics of roaming services provided by an alternative roaming provider in such a way as to make them differ from the technical characteristics, including the quality parameters, of roaming services provided by the operator providingprovider of domestic mobile communications services.
Amendment 168 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. If the customer has subscribed for local data roaming services with an alternative roaming provider in accordance with paragraph 1, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services.
Amendment 173 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 6 b (new)
Article 4 – paragraph 6 b (new)
6b. When a customer is offered by his home provider roaming tariffs significantly close to the tariffs for domestic voice, SMS and data services, the obligation for this operator to enable its customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply.
Amendment 176 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 6 c (new)
Article 4 – paragraph 6 c (new)
6c. The maximum difference operators may apply between domestic and roaming tariffs in order to comply with the above paragraph 6 b should be set by the Commission through delegated acts on basis of the opinion of BEREC, after consulting stakeholders and within a reasonable period of time not exceeding three months after the adoption of this Regulation. When all roaming offers of an operator meet the conditions provided for in this paragraph, paragraphs 1 to 6 above and Article 5 shall not apply.
Amendment 179 #
2011/0187(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Temporary access to local data roaming services 1. Providers of domestic mobile communications services shall not prevent their customers from temporarily accessing local data roaming services of any provider of local mobile data roaming services without unsubscribing from their existing data roaming contract or arrangement. 2. Paragraph 1 shall not apply if a customer has opted for a contract with an alternative roaming provider pursuant to Article 4. 3. While the customer is temporarily using local data roaming services, the provider of domestic mobile communications services shall continue to provide voice and SMS roaming services with the same technical characteristics, including the quality parameters, as when the customer is using data roaming services provided by the provider of domestic mobile communications services. 4. The customer's choice to temporarily access local data roaming services of any provider of local data roaming services shall not entail any associated subscription or other fixed or recurring charges by the home provider and shall be possible with any retail tariff plan. 5. Any temporary switch to a provider of local data roaming services instead of data roaming services by the provider of domestic mobile communications services and any switch back to the provider of domestic mobile communications services shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription, and shall be carried out without delay.
Amendment 183 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 188 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
1. For the purpose of separate sale of roaming services in accordance with Article 4, operators shall make sure that facilities are in place by 1 Julyne 2014 at the latest, to ensure that their customers can use domestic mobile services and separate roaming services offered by an alternative roaming operator while keeping their mobile number. In order to enable the separate sale of roaming services, operators may in particular allow the use of a ‘EU roaming profile’ on the same SIM card and the use of the same terminal alongside domestic mobile services. Pricing for interconnection and while using the same terminal. Pricing for interconnection and additional support services related to the provision of thisese facilityies shall be cost- orientated and there should be no direct charges to consumers for the use of this facility.
Amendment 193 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2. The provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to its customers using local data roaming services of the alternative roaming provider.
Amendment 194 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
3. For the purpose of enabling temporary access to local data roaming services in accordance with Article 4a, operators shall make sure that facilities are in place by 1 June 2014 at the latest, to ensure that their customers can temporarily access local data roaming services of any provider of such services while keeping their mobile number and while using the same terminal. Pricing for user authentication services shall be free of charge and pricing for additional support services related to the provision of these facilities shall be cost-orientated and there shall be no direct charges to consumers for the use of this facility.
Amendment 195 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
4. If the provider of domestic mobile communications services is offering roaming services in the country of a provider of local data roaming services, the provider of domestic mobile communications services shall not refuse agreements for the provision of voice and SMS roaming services to the customers of the provider of local data roaming services in the visited country.
Amendment 196 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 2 d (new)
Article 5 – paragraph 2 d (new)
5. In order to ensure the development of the single market, the implementation of the facilities referred to in Paragraphs 1 and 3, through one or more technical solutions, shall take place in a harmonised way across the Union and shall meet the following essential requirements: – consumer friendliness, in particular allowing consumers to easily and quickly switch to an alternative roaming provider while keeping their existing mobile phone number; – ability to serve different categories of consumer demand on competitive terms, including intensive users of data services; – ability to effectively foster competition, taking also into account the scope for operators to exploit their infrastructure assets or commercial arrangements; – cost-effectiveness, taking into account the division of costs between the providers of domestic mobile communications services and the alternative roaming providers; – ability to give effect to the obligation to enable consumers to select an alternative roaming provider within the time limit laid down in paragraph 1.
Amendment 197 #
2011/0187(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
6. BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, gGuidelines with regard to harmonised technical solutions relating to the facility for the separate sale of roaming services and to harmonised procedures to change the provider of roaming services, and relating to the facility for enabling access to local data roaming services. Upon a reasoned request from the BEREC, the Commission may extend that period. Where necessary, after consulting stakeholders and in close cooperation with the Commission, BEREC may update the Guidelines.
Amendment 209 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,143 per minute as of 1 July 2012 .
Amendment 216 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,10 and EUR 0,06 7, on 1 July 2013 and,on 1 July 2014 and 0,06 on 1 July 20145 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,06 for the duration of this Regulation.
Amendment 229 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
2. The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,320 per minute for any call made or EUR 0,110 per minute for any call received as of 1 July 2012 . The price ceiling for calls made shall decrease to EUR 0,28 and5 on 1 July 2013, EUR 0,241 on 1 July 20134 and to EUR 0,18 on 1 July 20145 respectively, and for calls received to EUR 0,10 on 1 July 2013 08 on 1 July 2013, EUR 0,07 on 1 July 2014 and to EUR 0,06 on 1 July 2015. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 254 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012 , the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,10 shall decrease to EUR 0,09 on 1 July 2012, EUR 0,07 on 1 July 2013 and to EUR 0,06 on 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,106 until 30 June 2016.
Amendment 276 #
2011/0187(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,230, EUR 0,217 as of 1 July 2013, EUR 0,10 as of 1 July 20134 and EUR 0,108 as of 1 July 20145 per megabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,108 per megabyte of data transmitted for the duration of this Regulation.
Amendment 288 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,970 per megabyte. The price ceiling for data used shall decrease to EUR 0,70 and50, EUR 0,530, per megabyte used on 1 July 2013 and on 1 July 2014 respectively, and to EUR 0,25 on 1 July 2015. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,250, per megabyte used until 30 June 2016.
Amendment 346 #
2011/0187(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. The Commission shall review the functioning of this Regulation and, after a public consultation, shall report to the European Parliament and the Council no later than 30 June 20156 . The Commission shall evaluate in particular whether the objectives of this Regulation have been achieved. In so doing, the Commission shall review, inter alia:
Amendment 386 #
2011/0172(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
11 a. "demand response" means changes in electric usage by end-use customers/micro generators from their current/normal consumption/injection patterns in response to changes in the price of electricity over time, or to incentive payments designed to adjust electricity usage or in response to acceptance of the consumer’s bid, alone or through aggregation, to sell demand reduction at a price in an organized electricity markets or to a retail provider;
Amendment 1338 #
2011/0172(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 a (new)
Article 12 – paragraph 1 – subparagraph 2 a (new)
Member States shall ensure that national energy regulatory authorities encourage demand side resources, such as demand response, to participate in a non- discriminatory manner alongside supply in local or regional energy markets. If necessary Member States shall require national regulatory authorities and TSOs to define technical specifications for participation in energy and tertiary reserve markets, on the basis of the technical requirements of these markets and demand response capabilities. The potential of demand response should be taken fully into account when implementing national capacity adequacy or other energy security related measures.
Amendment 1354 #
2011/0172(COD)
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure the removal of those incentives in transmission and distribution tariffs that unnecessarily increase the volume of distributed or transmitted energy, or those that might hamper participation of demand response, including service aggregators, in balancing and ancillary services. In particular, transmission and distribution tariffs shall be designed to reward network operators for improved efficiency in infrastructure design and operation, while removing incentives for increased throughput volumes, and while continuing to provide appropriate price signals and energy savings incentives to final customers. In this respect, in accordance with Article 3(2) of Directive 2009/72/EC and Article 3(2) of Directive 2009/73/EC, Member States may impose public service obligations relating to energy efficiency on undertakings operating in the electricity and gas sectors.
Amendment 1363 #
2011/0172(COD)
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. Member States shall adopt measures and guidelines for the promotion and deployment of demand response for industrial, commercial and residential sites and buildings, in particular as regards integration of demand-side resources into regional electricity markets and their connection to the energy grid, in the context of the future national action plans for the implementation of smart grids.
Amendment 1393 #
2011/0172(COD)
Proposal for a directive
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
Member States shall take the appropriate steps to ensure that, where this is consistent with the mode of operation of the high-efficiency cogeneration installation, high-efficiency cogeneration operators and demand response aggregators can offer balancing services and other operational services at the level of transmission system operators or distribution system operators where this is consistent with the mode of operation of the high-efficiency cogeneration installation. Transmission system operators and distribution system operators shall ensure that such services are part of a services bidding process which is transparent and open to scrutiny.
Amendment 35 #
2011/0150(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Standards are important tools for undertakings and especially small and medium-sized enterprises (hereinafter ‘SME’) which, however, are not adequately involved in the standardisation system so that the risk exists that standards do not take into account the needs and concerns of SME or their potential for contributing innovative technology. Consequently, it is essential to improve their representation and participation in the standardisation process, particularly in the technical committees.
Amendment 84 #
2011/0150(COD)
Proposal for a regulation
Article 16 – point a
Article 16 – point a
Amendment 20 #
2011/0046(NLE)
Proposal for a decision
Recital 9 a (new)
Recital 9 a (new)
(9a) An agreement on additional funding of ITER solely through transfers of unused 2011 margins of the Multiannual Financial Framework (MFF) and without redeployments from the Seventh Framework Programme for Research to the Euratom Framework Programme would allow for swift adoption of the Euratom research programme in 2011.
Amendment 26 #
2011/0046(NLE)
Proposal for a decision
Recital 14 a (new)
Recital 14 a (new)
(14a) The Commission, the European Council, the Council and the Member States are to start a process to amend the Euratom Treaty, strengthening its provisions on the information and co- legislation rights of the European Parliament on Euratom research and environmental protection issues.
Amendment 27 #
2011/0046(NLE)
Proposal for a decision
Recital 16
Recital 16
(16) This Decision should establish, for the entire duration of the Framework Programme (2012-2013), a financial envelope that constitutes the prime reference, within the meaning of point 37 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (IIA), for the budgetary authority during the annual budgetary procedure. To accommodate the Framework Programme (2012-2013) in the MFF for the years 2012 and 2013, it will be necessary to amend the MFF by increasing the ceiling of Heading 1a. On 20 April 2011, the Commission presented a proposal which will serve as the basis for negotiations. An agreement on the funding of ITER through additional transfers to Heading 1a of the MFF would allow for swift adoption of the Euratom research programme in 2011. If no other 2011 MFF margins are available to be transferred in 2012 and 2013, the Flexibility Instrument, as provided for in point 27 of the IIA, should be mobilised.
Amendment 28 #
2011/0046(NLE)
Proposal for a decision
Recital 16 a (new)
Recital 16 a (new)
(16a) For the 2014-2020 MFF, the financial resources dedicated to the ITER project should be fixed for the whole programming period so that any over- running of the costs beyond the EU share of EUR 6.6 billion for the ITER construction period, currently planned to be finalised in 2020, should be financed outside the MFF ceilings ('ring fencing').
Amendment 30 #
2011/0046(NLE)
Proposal for a decision
Recital 18
Recital 18
(18) The international and global dimension of European research activities is important with a view to obtain mutual benefits. The Framework Programme (2012-2013) should therefore on the one hand be open to the participation of countries that have concluded the necessary agreements to this effect, and should also be open, at project level and on the basis of mutual benefit, to the participation of entities from third countries and of international organisations for scientific cooperation. On the other hand, this also means that, particularly with regard to the ITER project, the international partners should fully respect their financial obligations.
Amendment 36 #
2011/0046(NLE)
Proposal for a decision
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
The maximum amount for the implementation of the Framework Programme (2012-2013) shall be EUR 2 56100 270 000. This amount shall be distributed as follows (in EUR):
Amendment 38 #
2011/0046(NLE)
Proposal for a decision
Article 3 – paragraph 1 – point a – indent 1
Article 3 – paragraph 1 – point a – indent 1
– fusion energy research 2 201 748 809 000, including the necessary funds for the continuation of the JET programme in Culham;
Amendment 41 #
2011/0046(NLE)
Proposal for a decision
Article 3 – paragraph 1 – point a – indent 2
Article 3 – paragraph 1 – point a – indent 2
– nuclear fissionsafety, improving the management of nuclear waste and radiation protection 118 245 000;
Amendment 43 #
2011/0046(NLE)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1
Article 3 – paragraph 1 – point b – indent 1
– nuclear activities of the JRC relating to nuclear security, environmental protection and decommissioning 233 216 000.
Amendment 1832 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Each controller and processor and, if any, the controller's representative, shall maintain documentation of all processing operations under its responsibility.
Amendment 1842 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The obligation made to the controller shall not apply to SMEs processing data only as an activity ancillary to the sale of goods or services. Ancillary activity should be defined as business or non- trade activity that is not associated with the core activities of a firm. In relation to data protection, data processing activities which do not represent more than 50% of company's turnover shall be considered ancillary.
Amendment 1854 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point c
Article 28 – paragraph 2 – point c
Amendment 1857 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point d
Article 28 – paragraph 2 – point d
Amendment 1859 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point e
Article 28 – paragraph 2 – point e
Amendment 1863 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point f
Article 28 – paragraph 2 – point f
Amendment 1866 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point g
Article 28 – paragraph 2 – point g
Amendment 1874 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point h
Article 28 – paragraph 2 – point h
Amendment 1881 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The controller and the processor and, if any, the controller's representative, shall make the documentation available, on request, to the supervisory authority.
Amendment 1894 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. The obligations referred to in paragraphs 1 and 2 shall not apply to the following controllers and processors:
Amendment 1906 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1909 #
2011/0011(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1919 #
2011/0011(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The controller and the processor and, if any, the representative of the controller, shall co-operate, on request, with the supervisory authority in the performance of its duties, in particular by providing the information referred to in point (a) of Article 53(2) and by granting access as provided in point (b) of that paragraph. The controller and the processor and, if any, the representative of the controller, shall make the documentation available, on the basis of a request outlining the reasons for requiring access to the documents, to the supervisory authority.
Amendment 1923 #
2011/0011(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks represented by the processing and the nature of the personal data to be protected, having regard to the state of the art and the costs of their implementation.
Amendment 1933 #
2011/0011(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The legal obligations, as referred to in paragraphs 1 and 2, which would require processing of personal data to the extent strictly necessary for the purposes of ensuring network and information security, constitute a legitimate interest pursued by, or on behalf of a data controller or processor.
Amendment 1936 #
2011/0011(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 1942 #
2011/0011(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 1955 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, twhe controller shall without undue dn the breach is likely to adverselay and, where feasible, not later than 24 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification toffect the protection of the personal data or the privacy of the data subject, the controller shall without undue delay notify the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 24 hourssonal data breach to the supervisory authority.
Amendment 1964 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Pursuant to point (f) of Article 26(2), the processor shall alert and inform the controller immediatwithout undue delay after the establishmentidentification of a personal data breach that is likely to produce adverse legal effects to the protection of athe personal data breachor the privacy of the data subject.
Amendment 1972 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 3 – point e
Article 31 – paragraph 3 – point e
(e) describe the measures proposed or taken by the controller to address the personal data breach and/or mitigate its effects.
Amendment 1977 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The controller shall document any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose.
Amendment 1995 #
2011/0011(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The Commission may lay down the standard format of such notification to the supervisory authority, and the procedures applicable to the notification requirement and the form and the modalities for the documentation referred to in paragraph 4, including the time limits for erasure of the information contained therein. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2)filing of reports.
Amendment 2015 #
2011/0011(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Communication of a personal data breach to other organisations A controller that communicates a personal data breach to a data subject pursuant to Article 32 may notify another organisation, a government institution or a part of a government institution of the personal data breach if that organisation, government institution or part may be able to reduce the risk of the harm that could result from it or mitigate that harm. Such notifications can be done without informing the data subject if the disclosure is made solely for the purposes of reducing the risk of the harm to the data subject that could result from the breach or mitigating that harm.
Amendment 2022 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Where processing operations present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes, the controller or the processor acting on the controller's behalf shall carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment shall be sufficient to address a set of processing operations that present similar risks.
Amendment 2026 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. SMEs shall only be required to perform an impact assessment after their 3rd year of incorporation if data processing is deemed as a core activity of their business. That is, where sale or revenue from processing makes up for 50% of the SMEs revenue.
Amendment 2030 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point a
Article 33 – paragraph 2 – point a
(a) a systematic and extensive evaluation of personal aspects relating to a natural person or for analysing or predicting in particular the natural person's economic situation, location, health, personal preferences, reliability or behaviour, which is based on automated processing and on which measures are based that produce adverse legal effects concerning the individual or significantly affect the individualto the privacy of the data subject;
Amendment 2033 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) information on sex life, health, political opinions, religious beliefs, criminal convictions, race and ethnic origin or for the provision of health care, epidemiological researches, or surveys of mental or infectious diseases, where the data are processed for taking measures or decisions regarding specific individuals on a large scale;
Amendment 2053 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 2056 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 2075 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
Amendment 2086 #
2011/0011(COD)
Proposal for a regulation
Article 33 – paragraph 7
Article 33 – paragraph 7
Amendment 42 #
2010/2304(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 77 #
2010/2304(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Commission to present its findings on whether broadband should be included in the universal service directive as the most efficient and effective way to achieve the Digital Agenda objective of ‘broadband for all’;
Amendment 82 #
2010/2304(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that new high speed networks and services are needed to foster the EU'’s international competitiveness;
Amendment 86 #
2010/2304(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls upon the European Commission to safeguard non- discriminatory internet traffic management and assess whether the implementation of the revised EU telecoms framework requires guidance rules;
Amendment 89 #
2010/2304(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that competition in both infrastructure, and services over that infrastructure, provides the best basis for sustainable competition, investment, innovation and take-up;
Amendment 100 #
2010/2304(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages the Commission and the Body of European Regulators for Electronic Communications to work to find a common approach by 2013 to creating a single market for business and electronic communications across the EU;
Amendment 112 #
2010/2304(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Believes that to make maximum use of limited public funding, whether by the Member States directly or via the EU, such funding needs to have a clear focus on those projects where it can be expected to have the maximum effect in private investment to further increase both coverage and capacity;
Amendment 114 #
2010/2304(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that state aid for broadband investment should be used in synergy with structural funds to stimulate local entrepreneurship, the local economy, to create local jobs and promote competition in the telecom market;
Amendment 117 #
2010/2304(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recognises that regulatory certainty is needed to promote investment and address barriers to investment in fast and ultra-fast next generation networks; recogniswelcomes, in this respect, the NGA recommendation with respect to wired access;
Amendment 133 #
2010/2304(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the Commission'’s work with the European Investment Bank (EIB) to improve funding of fast and ultra-fastnext generation networks, and emphasises the need for such funding to be directed towards open infrastructure projects supporting a diversity of services;
Amendment 140 #
2010/2304(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Continues to encourage appropriate public-sector investment, public-private partnerships and tax incentive schemes for the roll-out of fast and ultra-fastnext generation networks; stresses the importance of government policies being coordinated at all levels;
Amendment 147 #
2010/2304(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Welcomes the Commission's initiative to convene a Digital Assembly in June 2011;
Amendment 151 #
2010/2304(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes the Commission's intention to produce guidance on costing and non- discrimination, key principles in the EU framework, and encourages the Commission to do so in a way that supports affordable prices, consumer choice and competition in fast and ultra- fastnext generation networks and the services delivered over them, and incentivises efficient investment and rapid switchover to such networks;
Amendment 153 #
2010/2304(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Highlights the importance of competitive markets in achieving affordable broadband, and emphasises the need for the swift implementation and full enforcement by Member States and NRAs of the revised EU telecoms framework and Recommendation on Next Generation Access;
Amendment 157 #
2010/2304(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Stresses the difference between theoretical network speeds and actual user experience since the user experience is also linked to website capacity and congestion etc; calls on the Commission in conjunction with BEREC to refine its measurements of delivered broadband speeds and adjust its targets accordingly and calls on BEREC to develop EU guidelines to ensure that advertised broadband speeds appropriately reflect the average up- and download speeds users can actually expect in order to secure transparency on the benefits of new technology, promote comparability and enhance competition;
Amendment 177 #
2010/2304(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Notes that the Communication forms just one part of a broader package, which also includes the Digital Agenda, the Innovation Union, the Radio Spectrum Policy Programme, EU and national funding programmes with a view to creating a mutually supportive system for the efficient further development, access to and use of networks, whether terrestrial fixed and mobile or via satellite;
Amendment 178 #
2010/2304(INI)
Motion for a resolution
Paragraph 39 b (new)
Paragraph 39 b (new)
39b. Supports innovative broadband services directed towards the maritime sector, and welcomes the discussion by the Commission and the Member States on a new e-maritime initiative building on the SafeSeaNet project, envisaged to also address information related to logistics, customs, border control, environment, fishing operations, communications as well as security and safety issues;
Amendment 6 #
2010/2274(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to promote 112 as the ‘'EU- wide’' emergency number by means of measures aimed at all EU citizens and travellers and to organise and support promotional activities, in particular in schools, and events held each year on 11 February, which has been established as ‘'European 112 Day’;'
Amendment 16 #
2010/2274(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to establish, in close cooperation with Member States, performance indicators and guidelines pertaining to the quality of the 112 service as experienced by citizens, taking into account the need for accessibility, interoperability between emergency services, multilingualism, and timely and qualitative interventions of emergency services. Calls on the Commission to ensure that the requirements concerning the 112 emergency number are properly implemented.
Amendment 18 #
2010/2274(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to designate independent bodies to carry out an evaluation and to report, by the end of 2012 at the latest, the real state of implementation of the 112 number throughout the EU as experienced by the citizens. In this respect, the Commission is also invited to provide by the same date an overview of legally binding and practically implemented intervention times in the EU and to extend the impact study prepared in the eCall framework to the human and financial consequences of the functioning of the 112 number;
Amendment 21 #
2010/2274(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls on the Commission to draw an action programme to support experience sharing and exchange of best practices between EU emergency services, by setting-up a network of experts, focusing on regular exchanges of information during meetings and discussion platforms, and visits of emergency call centres and joint training programmes involving National Regulatory Agencies, emergency services and Civil Society Organisations (CSOs). It should also support the deployment of the 112 service in EU candidate and neighbouring countries.
Amendment 23 #
2010/2274(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Calls on the Commission and the Member States to take, as soon as possible and no later than the end of the current legislative term, the appropriate actions to include the creation and maintenance of a pan-European, multilingual, accessible to all and efficient «reverse 112» - i.e. an early warning system for citizens using telecommunications in case of imminent or developing major emergencies and disasters throughout the EU- in the scope of the Universal Service .
Amendment 2 #
2010/2245(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that innovation, in all fields of knowledge and of economic and social activity, must be guided by the criteria ofctivity should promote public interest, improvement ofin the quality of life, promotion of social wellbeing and preservation of the environment and the balance of nature;
Amendment 4 #
2010/2245(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission Communication on Innovation Union as a flagship of the EU2020 strategy for jobs and growth, and stresses the importance of avoiding the mistakes of the previous 10-year strategic period in the implementation of the EU2020 strategy;
Amendment 13 #
2010/2245(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Insists that innovation must be a key component of public policy in such fields as the environment, water, energy, transport, telecommunications, health and education; stresses the need to promote the across-the-board dissemination and absorption of innovation, in the public sector, in private firms and especially SMEs, and in the social economy;
Amendment 16 #
2010/2245(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Recalls that in areas including the environment, public health and food safety, public R & D institutions have an irreplaceable role to play in aiding the definition of sectoral public policies, in evaluating, minimising and administering public risks, and in certification, standardisation and regulation, among other tasks of crucial importance which need to be recognised and safeguarded;
Amendment 17 #
2010/2245(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Highlights the need to simplify access to EU programmes, to better coordinate them and to enhance their leverage effect on private sector investment. Stresses that the European Regional Development Fund should be fully exploited to develop research and innovation capacities across Europe;
Amendment 18 #
2010/2245(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Welcomes the “European Innovation Partnerships” intended to increase and coordinate investments in R&D as well as to better co-ordinate public procurement to speed up the introduction of innovations into the market. Highlights however that procurement policies should be designed not to replace private markets or to distort competition but to leverage them, stimulating the diffusion of innovation, while keeping the markets open to move in new directions;
Amendment 19 #
2010/2245(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Stresses that innovation and R&D should mainly be financed through private capital. Welcomes the measures announced by the Commission to improve the market for venture capital;
Amendment 20 #
2010/2245(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Welcomes the Commission’s proposal to develop financial instruments to attract a major increase of private investment in research and innovation by 2014. Welcomes the proposed collaboration with the European Investment Bank, national financial intermediaries and private investors to develop proposals addressing critical market gaps, including venture capital for fast growing firms, risk sharing finance for investments in R&D projects, and loans for innovative fast growing SMEs;
Amendment 21 #
2010/2245(INI)
Draft opinion
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Highlights the need to remove remaining barriers for innovative and dynamic companies such as better access to early-risk financing, particularly for SMEs. Recognises that a functioning Internal Market is the most important boost for EU innovation;
Amendment 22 #
2010/2245(INI)
Draft opinion
Paragraph 13
Paragraph 13
Amendment 25 #
2010/2245(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights that a coordinated approach at European level can be reasonable if the existence of economies of scale and scope and EU added value can be verified through an impact assessment. Stresses the need for a clearer and more effective coordination between member states and EU policies when it comes to R&D processes to avoid costly duplication and overlap. Therefore supports measures to remove obstacles to mobility and cross-border research activities;
Amendment 26 #
2010/2245(INI)
Draft opinion
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Highlights the need to develop indicators that track progress in the field of innovation policy and allow for an evaluation of the performance of policy measures in place, following the example of the Research and Innovation Union scoreboard. Welcomes the proposal to monitor innovation progress in Member States under the framework of the “European semester";
Amendment 27 #
2010/2245(INI)
Draft opinion
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Considers that the absence of an EU patent is “a tax on innovation”, hampering aspiring young innovators in their search for partners to develop, finance, produce, and sell their breakthrough innovations. Highlights that a single EU patent regime would enable faster and cheaper patent applications for companies with innovative ideas and facilitate dispute settlement, enabling Europe to really compete in the global market place. Therefore encourages enhanced cooperation in this field, and urges all Member States to join such efforts;
Amendment 28 #
2010/2245(INI)
Draft opinion
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Stresses that interoperable standards can contribute positively to growth and competition, especially when they are picked up by the market and not imposed top-down. Therefore considers that “smart” regulation in the form of standards can be a key driver for innovation, if regulations and standards are proportionate, future-proof and ‘technology-neutral’, and is conceived in a way that stimulates further innovation;
Amendment 4 #
2010/2211(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses the need to secure long-term financial provision in the next MFF for existing and new long-term flagship programmes in the area of competitiveness for growth and development and, in particular, for any strategic follow-up to the existing long-term programmes; recalls that their implementation requires intensive monitoring and evaluation, as well as budgetary flexibility; Stresses the need to analyse the spending of EU funds from an added value point of view, including through better coordination between national and EU budgets;
Amendment 8 #
2010/2211(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the Commission to increase the efficiency and effectiveness of the next financing instruments by better monitoring and reporting on qualitative performance indicators;
Amendment 20 #
2010/2211(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises the need to maximise the impact of European funding by playing a catalytic role in mobilising, pooling and leveraging public and private financial resources for infrastructures of European interest, including the Southern Gas Corridor and other routes for diversification of gas supplies;
Amendment 21 #
2010/2211(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that European project bonds can serve as a solution to raise financing for large pan-European infrastructure investments;
Amendment 30 #
2010/2211(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights the need for the European Investment Bank to play an important role in financing research and innovation activities, especially as regards industrial innovation projects;
Amendment 38 #
2010/2211(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to further develop and regularly present to Parliament the key qualitative and quantitative performance indicators for budget implementation within the next Financial Framework, which are additional to RAL and RAC;
Amendment 39 #
2010/2211(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Urges the Commission to increase the efficiency and effectiveness of the next financing instruments by better monitoring and reporting on qualitative performance indicators;
Amendment 40 #
2010/2211(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Asks the Commission to increase the allocation of financial resources related to resource efficiency, recycling, renewable energy and waste management within the future Financial Framework, in order to cope with the highly-ambitious EU environmental targets;
Amendment 41 #
2010/2211(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the Commission to increase the investments in SMEs throughout the environment related policy lines of the next Financial Framework, in order to achieve both a greener economy as well as business sector growth and new jobs;
Amendment 42 #
2010/2211(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Calls on the Commission to present annual policy objectives to be achieved within the next Financial Framework, which can better monitor the achievements of the results by the end of the Financial Framework period;
Amendment 43 #
2010/2211(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Calls on the Commission to increase the involvement of DG Environment in all related policies in the next Financial Framework including the future Cohesion Policy.
Amendment 44 #
2010/2211(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the need to improve public- private partnerships, also through reduction of red tape and streamlining of existing procedures. Calls on the Commission to implement a more result- oriented, performance-driven approach to its programmes;
Amendment 48 #
2010/2211(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Commission to engage more closely with regions in view of helping them strengthen their capacity to absorb structural and rural development funds allocated to broadband infrastructure investments, and to provide further guidance on the use of funds from public-private partnerships and other financing instruments;
Amendment 49 #
2010/2211(INI)
Draft opinion
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Highlights that civil engineering costs make up a large percentage of deploying new fixed and mobile infrastructure, which could be reduced through better planning and programme synergies. Therefore calls for a better coordination and integration of infrastructure programmes, through improved planning at national, regional and local level in order to deliver cost reductions and promote investments;
Amendment 50 #
2010/2211(INI)
Draft opinion
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Supports the Commission's initiative to work with the European Investment Bank to improve the availability of funding for next generation networks, and emphasises the need for such funding to be directed towards open infrastructure projects which support a diversity of services;
Amendment 51 #
2010/2211(INI)
Draft opinion
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Calls on the Commission and the EIB to set out concrete proposals for new financial instruments complementing the existing means of financing broadband infrastructure, including guarantee, equity, and debt instruments, or a combination thereof by spring 2011;
Amendment 12 #
2010/2208(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to consider further EU R&D funding for GNSS applications to foster the development of applications based on EGNOS and Galileo, and to ensure Europe's independence from foreign, military- controlled systems;
Amendment 9 #
2010/2139(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for more effective implementation of programmes in the environmental sector, especially in cross-cutting areas which provide European added value, such as action to combat climate change, investment in cleaner and low-carbon technology, the promotion of energy efficiency and renewable energies with a view to achieving the renewable energy targets by 2020 and the promotion of green jobs; calls for a quick implementation of already selected projects and the acceleration of the selection of quality projects.
Amendment 22 #
2010/2139(INI)
Draft opinion
Paragraph 4 k (new)
Paragraph 4 k (new)
4k. Highlights the need to review and adapt the level of co-financing required to Member States, in order to better reflect the national level of development, EU added value, types of action and beneficiaries;
Amendment 23 #
2010/2139(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to encourage Member States for further transparency of structural funds management process, most particularly to improve transparency of public procurement procedures;
Amendment 24 #
2010/2139(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls for a more transparent implementation of operational programs and use of financial resources by Member States in the areas directly linked to cohesion policy, including environmental protection, research and innovation. Calls on the Commission to ensure a better monitoring of the use of funds by the Member States, based not only on national reporting but also on common indicators showing the effectiveness in the use of funds;
Amendment 25 #
2010/2139(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Highlights the need for a common set of core indicators for reporting at EU level, while pointing out that these indicators need to take into account the different sectors specificities;
Amendment 26 #
2010/2139(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses the need for a results-oriented approach to cohesion policy through the setting of clear and measurable targets and outcome indicators. Stresses the need for a timely and complete submission of accurate information on the indicators and on the progress towards the agreed targets by all Member States in their annual reports, to allow a better understanding of programme content and a better monitoring of implementation progress;
Amendment 27 #
2010/2139(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Acknowledges the lack of data regarding the projects contracted and projects paid in the 2010 Strategic Report. Therefore, urges the Commission to present data which can assess the real implementation of the cohesion policy through reliable indicators such as projects final payments, project objectives achievements and their linkage with the corresponding policy of EU 2020 strategy;
Amendment 28 #
2010/2139(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses the importance of developing more qualitative indicators which can better measure the volume and effectiveness of the implementation of Cohesion Policy and present their data in the 2012 Strategic Report;
Amendment 31 #
2010/2139(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for a better coordination and integration of infrastructure cohesion programmes, in various areas including ICT and energy, through improved planning at national, regional and local level in order to deliver cost reductions and a better protection of the environment. Notes that civil engineering costs make up a large percentage of deploying new infrastructure, which could be reduced through programme synergies;
Amendment 32 #
2010/2139(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Highlights the need for simplifying and speeding the allocation of funds and payments to final beneficiaries while ensuring at the same time the sound financial management;
Amendment 33 #
2010/2139(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Acknowledges the modest impact of cohesion programmes on national economic indicators, including GDP, and points out that delays in implementing cohesion policy are due in part to the excessive rigidity of procedures. Therefore stresses the need for improving the effectiveness of cohesion policy, including through red tape reduction and streamlining of existing procedures and methods of reimbursement to beneficiaries. Highlights the need for achieving a balance between simplifying bureaucratic procedures and combating fraud;
Amendment 34 #
2010/2139(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Calls for a higher concentration of EU and national resources on a small number of priorities in order to build up a critical mass and make a tangible impact;
Amendment 35 #
2010/2139(INI)
Draft opinion
Paragraph 4 i (new)
Paragraph 4 i (new)
4i. Encourages the Commission and Members States to use the flexibility of this programming period compared with the 2000-2006 and adapt the objectives and allocated funds of operational programmes in line with the EU 2020 in particular related to Environment, Renewable Energy and Energy Efficiency;
Amendment 36 #
2010/2139(INI)
Draft opinion
Paragraph 4 j (new)
Paragraph 4 j (new)
4j. Recognises the problems of lack of administrative capacity and insufficient experience of both national managing authorities and beneficiaries, especially in the new Member States. Therefore stresses the importance of strengthening institutional capacity for effective absorption of the funds available, and increasing the professionalism of public authorities by using all possible means, including exchange of best practices and information campaigns;
Amendment 37 #
2010/2139(INI)
Draft opinion
Paragraph 4 l (new)
Paragraph 4 l (new)
4l. Stresses the need to increase the leverage effect of the EU budget as regards cohesion programmes through new forms of finance for investment; including through innovative ways of combining grants and loans, opening new markets to different forms of public- private partnership, and extensive use of international financial institutions expertise;
Amendment 38 #
2010/2139(INI)
Draft opinion
Paragraph 4 m (new)
Paragraph 4 m (new)
4m. Stresses that cohesion policy should continue to foster cross-border, transnational and inter-regional forms of cooperation. Therefore highlights the need for a review and a simplification of the current arrangements for cross-border cooperation.
Amendment 32 #
2010/2108(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that any future strategy should seek to fulfil the Lisbon Treaty objectives of a single energy market, security of supply, energy efficiency and savings and the promotion ofdevelopment of new and renewable forms of energy and the promotion of interconnected, integrated and interoperable energy networks and lead to a reduced reliance on energy imports and an increase in domestic renewable energy production;
Amendment 107 #
2010/2108(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges the Member States to provide timely and completely to the Commission the information required under the Council Regulation 617/2010 on the notification of investment projects in energy infrastructure in order to have an overview of potential gaps in demand and supply as well as obstacles to investments, pending the judgment of the Court of Justice on the legality of the regulation which should have been adopted under the co-decision procedure as required by article 194 of the Treaty;
Amendment 149 #
2010/2108(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that the new financial perspective should reflect the political priorities of the EU as outlined in the 2020 Strategy, which implies a significantly higher proportion of the budget to be allocated to energy policy, including infrastructure;
Amendment 198 #
2010/2108(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Asks the Commission to come forward with an impact assessment on the future of the world and EU gas market, including the impact of the already planned gas infrastructure projects (i.e. Nabucco), new LNG terminals, the impact of shale gas on the US gas market (notably on LNG import needs) and the impact of possible shale gas developments in the EU on future gas security of supply and prices before the end of the year;
Amendment 384 #
2010/2108(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Believes that the research and development in energy technology innovation should be a central priority of the new 8th Framework Programme for Research and Development and therefore there should be a significant increase in the resources allocated to these sub- programmes; therefore strongly urges the Member States and Commission to prioritise this policy area in the next budget and financial framework with a doubling of funds for research, development and demonstration projects in the energy area, including a vast increase in the EU’s future budget, particularly for renewable energy, smart grids and energy efficiency, up until 2020, compared with the current level; recalls in this context that the funding for the SET- plan should be equivalent of more than €1.5 billion a year according to the Commission's assessment;
Amendment 12 #
2010/2104(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that EU allocated funds were not intended to cover the full cost of decommissioning or to compensate for all economic consequences; recognises the importance of sound and transparent management of financial resources, with appropriate external supervision, to ensure fair competition on the energy market; restates that the ultimate goal of closure and decommissioning of the 3 NPPs is safety;
Amendment 14 #
2010/2104(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need to give priority to allocation of EU funds into decommissioning in itself, underlines the necessity for the three NPPs to submit a detailed final decommissioning plan, which is indispensable for drawing a financial scheme capable of avoiding risks and uncertainties;
Amendment 15 #
2010/2104(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 23 #
2010/2104(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets the lack of annual reports from the Commission to the European Parliament on the use of financial resources allocated for the decommissioning of these three nuclear power plants; calls the Commission to report on a yearly basis to the European Parliament and the Council on the use of these financial resources giving a complete and precise budget of the costs for decommissioning;
Amendment 19 #
2010/2095(INI)
Motion for a resolution
Recital B
Recital B
B. whereas maintaining global leadership of European industry is only possible through new technologies/processes/solutions, R&D, a sophisticated supply-chain, better efficiency, strong human resources, good logistics and infrastructure, and a level playing field in trade relations with third countries as cost-cutting is not the way forward for industry in Europe,
Amendment 61 #
2010/2095(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the importance of European manufacturing to strengthen the foundations of the European economy;
Amendment 69 #
2010/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. CStresses the need for a long-term regulatory predictability and stability vital to industry for investment planning; therefore calls on the Commission to develop, together with the European Parliament and the Council, a qualitative and, where possible, quantitative vision for European industry in 2020, which looks towards sustainable development in the long term and lays down guidelines, for example for energy and resource efficiencyproviding a solid framework, with a view to ensuring that European industry becomes more stable and competitive and jobs are created as a result;
Amendment 75 #
2010/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to develop, together with the European Parliament and the Council, a qualitative and, where possible, quantitative vision for European industry in 2020, which looks towards sustainable development in the long term and lays down guidelines, for example for energy and resource efficiency, with a view to ensuring that European industry becomes more stable and competitive and jobs are created as a result;
Amendment 108 #
2010/2095(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the new, integrated approach calls for extremely effective collaboration within the Commission, coherence among the various Commission policies, and calls on the Commission to set up a permanent industrial policy task force to this end;
Amendment 155 #
2010/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for research expenditure for the upcoming programming period from 2013 (RDP 8) to be significantly increased (EU target for public funding: 1% of GDP). Notes that, alongside strongly process- oriented research and innovation, research in basic cross-sectoral technologies is needed and,; in addition, thatprocedures, especially the application proceduress must be simplified in order to increase absorption problems;
Amendment 160 #
2010/2095(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes that a significant increase in R&D investment, both private and public, is essential for EU industry to remain a technology leader and retain global competitiveness in areas such as renewable energy and transport efficiency; notes that to support increased private R&D investment, functioning markets for innovative products and a stable investment environment are necessary; believes that increased public funding of R&D is necessary to leverage private investment and encourage collaboration and that simplification of public funding procedures, especially in the EU Framework Programmes, is a prerequisite for increased industry participation;
Amendment 168 #
2010/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the success of the Risk Sharing Financial Facility (RSFF) as an important way of providing research funding for SMEs via the EIB, and strongly encourages the Commission to make significantly more funds available to the RSFF; also stresses the importance of making innovation programmes more accessible for SME by decreasing bureaucratic burdens;
Amendment 172 #
2010/2095(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Acknowledges the EU's problem of having fewer young leading innovators in high R&D-intensity sectors, especially biotech and internet; stresses, therefore, the need to encourage their development by tackling the specific barriers they face in new sectors and by closely monitoring emerging innovative markets, adapting the mix of policy instruments to their specific needs;
Amendment 177 #
2010/2095(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Underlines the fact that investment in R&D and innovation could be made through national tax incentives and access to specialised finance, for instance venture capital;
Amendment 187 #
2010/2095(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that, representing as it does an annual 17% of GDP in the EU, public procurement is a powerful instrument for stimulating innovation; points out that competitors such as China and the USA have set ambitious targets for public procurement of innovative and environmental products, and calls for similar t; recalls that some partners have still not granted equal reciprocal market access to their public procurement margket setting in the EUs for our industry despite the opening of our market to their industry;
Amendment 192 #
2010/2095(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Considers that the EU should proactively promote the development of formal standards at the international level and in areas where the EU has a specific interest which is not shared by the international community or in areas which have a specific regional characteristic, the EU should develop appropriate standards;
Amendment 237 #
2010/2095(INI)
Motion for a resolution
Paragraph 14 – indent 4
Paragraph 14 – indent 4
- ensuring adequate provision of raw materials through fair trade agreements and strategic partnerships, unrestricted access to raw materials and rare earth metals through fair trade agreements and strategic partnerships, including those partners with whom the Commission has signed free trade agreements or is in the process of negotiating free trade agreements; such agreements should always include a ban on export restriction of raw material and rare earth,
Amendment 245 #
2010/2095(INI)
Motion for a resolution
Paragraph 14 – indent 4 a (new)
Paragraph 14 – indent 4 a (new)
- intensify exchanges with partners such as Japan and the US on access to raw materials though bilateral dialogues but also with key raw materials producing countries such as China and Russia,
Amendment 250 #
2010/2095(INI)
Motion for a resolution
Paragraph 14 – indent 4 b (new)
Paragraph 14 – indent 4 b (new)
- a regular and more offensive dialogue with African countries on raw materials and rare earth,
Amendment 256 #
2010/2095(INI)
Motion for a resolution
Paragraph 14 – indent 5 a (new)
Paragraph 14 – indent 5 a (new)
- regular impact assessments of anticipated demand for – and criticality and supply risks of – raw materials and rare earth (including potential shortages, price increases, etc.) and the consequences for the EU economy in general and businesses in particular; the list of raw materials and rare earths covered should be updated regularly,
Amendment 260 #
2010/2095(INI)
Motion for a resolution
Paragraph 14 – indent 5 b (new)
Paragraph 14 – indent 5 b (new)
- monitoring production forecast from third countries and the operating conditions of the raw materials global markets,
Amendment 270 #
2010/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is convinced that industry needs an energy policy focused on the long term which guarantees appropriate energy prices and security of supply, allows manufacturing to take place without the release of gases damaging to the climate, and prevents carbon leakage; points out that the internal energy market is an asset when it comes to switching to low-carbon production and supply, and that the network infrastructure must therefore be renewed and extended, and smart grids promotedlso through liberalisation, and smart grids and smart metering promoted; underlines that all energy options should be kept open, including nuclear according to each Member State's choice of energy mix;
Amendment 271 #
2010/2095(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Is convinced that industry needs an energyambitious but realistic energy and environmental policy focused on the long term which guarantees appropriate energy prices and security of supply, allows manufacturing to take place without the release of gases damaging to the climate reduction of our dependence on fossil fuels, an increase in the efficiency of manufacturing and consumption, and prevents carbon leakage; points out that the internal energy market is an asset when it comes to switching to low- carbon production and supply, and that the network infrastructure must therefore be renewed and extended, and smart grids promoted;
Amendment 312 #
2010/2095(INI)
Motion for a resolution
Paragraph 16 – indent 4 a (new)
Paragraph 16 – indent 4 a (new)
- more mobility and flexibility in vocational and educational training both for employers and employees, taking into account the individual requirements especially of SME;
Amendment 314 #
2010/2095(INI)
Motion for a resolution
Paragraph 16 – indent 4 a (new)
Paragraph 16 – indent 4 a (new)
- encouraging Member States to reform pension systems and remove incentives for early exit from the labour market in order to increase the employment rate of older workers,
Amendment 319 #
2010/2095(INI)
Motion for a resolution
Paragraph 16 – indent 4 b (new)
Paragraph 16 – indent 4 b (new)
Amendment 322 #
2010/2095(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of creating the right framework for industry to remain in Europe and to further improve its global competitiveness; believes, therefore, that EU policies should be based on robust impact assessments which analyze all angles of the economic, societal and environmental benefits of EU policies;
Amendment 342 #
2010/2095(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for a stronger, coordinated EU policy on lead markets, such as the environmental industries (some 3.5 million employees, EUR 300 billion turnover, up to 50% of the global market); stresses that many "traditional" markets – and manufacturing including steel, automobiles and shipbuilding, for example –which have a strong capacity for innovation and/or offer comparative advantages, of which full use should be made; for these purposes, product-specific legislation such as the eco-design directive should be developed further, and industry- stimulating initiatives such as the "‘green car initiative"’ put in place;
Amendment 361 #
2010/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for efforts to be stepped up with a view to creating without delay a Community patent in order to improve the framework conditions for industrial property rights, implementing a reform of standardisation methods and bringing about international standardisation in order to safeguard technological leadership; keeping bureaucratic costs at a minimum enables SME to stay competitive (especially in regards to translation costs of patents);
Amendment 401 #
2010/2095(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that sectoraleffective aind policy should not only be seen in the context of competition law, but must, in the interests of Europe, be used proactively, transparently and with clear rules to strengthen innovastrict EU rules on competition and state aid constitute the indispensable basis for a competitive European industry; undistorted competition andin the roll-out of new products, and in connection with industrial restructuring operationsEU single market leads to innovation and increases efficiency and productivity;
Amendment 415 #
2010/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. CStresses that trade is one of the cornerstones of a successful industrial policy and therefore calls for future trade agreements to be drawn up in such a way that they form part of an industrial strategy based on fair competition in the developed and developing worlds; the principle of sustainable development must be comprehensively applied, and social and environmental standards incorporated in free trade agreements; steps must be taken to ensure that European industries are not endangered by unfair practic and full reciprocity; believes that a new trade policy is needed which further promotes manufacturing in Europe and does not incentivize businesses to delocalize; takes the view, therefore, that the EU should request full tariff dismantling from its trading partners, a full removal of non- tariff barriers to trade, not allow a weakening of rules of origin and not authorize the use of duty drawback; the principle of sustainable development must be comprehensively applied, and social and environmental standards incorporated in free trade agreements while not overburdening trade agreements with non-trade related standards; to that end, the Commission should also monitor the environmental legislation, state aid rules and other support programmes, as is currently hapdopted by third countries compenting in the solar energy industrywith the EU;
Amendment 422 #
2010/2095(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for future trade agreements to be drawn up in such a way that they form part of an industrial strategy based on fair competition in the developed and developing worlds; the principle of sustainable development must be comprehensively applied, and social and environmental standards incorporated in free trade agreements; steps must be taken to ensure that European industries are not endangered by unfair practices, as is currently happening in the solar energy industry; recalls that the regulatory dialogues with key trading partners, in particular the US, must be strengthened to prevent and remove barriers to trade;
Amendment 471 #
2010/2095(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to respect the roadmaps and conclusions developed in industry-specific approaches; believes that these roadmaps provide industry with long-term planning certainty and are a valuable tool for remaining competitive;
Amendment 479 #
2010/2095(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that European industry, which profits from these political efforts and the favourable framework conditions, should assume more responsibility for, institutions and all industry stakeholders should cooperate closely to develop favourable framework conditions, which will enable industry to maintain investment and production in Europe, sustain its own research efforts and thereby guarantee sustainable growth and employment in Europe; believes that industry should enter into clear voluntary commitments to invest in Europe, sustain its own research efforts, contribute tohas a role to play in developing a new culture of qualifications, develop even more innovative, sustainable products and processes, and enter wherever possible into strategic partnerships in Europe;
Amendment 3 #
2010/2087(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that the Black Sea Region (BSR)is of geostrategicpolitical importance for the energy security and the diversification of EU energy supply, given its proximity to the Caspian Sea, the Middle East and Central Asia and that after the accession of Romania and Bulgaria, the EU hasmight become a major player in it;
Amendment 7 #
2010/2087(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the importance for Member States to have a common approach towards the Black Sea region, with a view to achieving the EU's long term-interest of security of energy supply and stability in its neighbourhood;
Amendment 8 #
2010/2087(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines the importance of clearly defining the operational methods and means for the implementation of a Black Sea Strategy, including processes, projects, monitoring system and funding, especially with a view to clarifying its coordination with the Eastern Partnership;
Amendment 9 #
2010/2087(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Draws attention onUnderlines the long-standing EU - Russia strategic partnership and their common interest in enhancing bilateral trade and investment and in facilitating and liberalising trade in the global economy as well as strengthening and developing competition, including in BSR;
Amendment 15 #
2010/2087(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reaffirms that EU security of energy supply policy is based on diversification of sources and routes; stresses the importance of the Nabucco gas pipeline and asksneed for the Commission and Member States, together with their partners, to accelerate its implementationre-evaluate the Nabucco gas pipeline project, assess its feasibility and, eventually, redesign it with a view to making it more efficient;
Amendment 34 #
2010/2087(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Recognizes the results ofCalls on the Commission to make an assessment of the concrete results of research projects into the BSR like the BSI2 project in establishing a regional research and education network in the wider BSR and its connection to GEANT and calls on the Commission to continue to support research projects into the BSR like:, or the HP- SEE, SEE-GRID, SCENE, CAREN, BSRN projects;
Amendment 59 #
2010/0363(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The transparency of energy markets is a prerequisite for further integration and liberalisation of the EU energy market and therefore this Regulation should bring important benefits to consumers.
Amendment 74 #
2010/0363(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Whereas market manipulation aims at securing a dominant trading position over the supply of or demand for a wholesale energy product, which may result in fixing directly or indirectly, purchase or sale prices or creating unfair trading conditions.
Amendment 75 #
2010/0363(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) National authorities can influence the behaviour of utility companies, including through the granting of special or exclusive rights or participation in their capital and representation in the entities' administrative, managerial or supervisory bodies and therefore have an important role in the application of this Regulation including in terms of transparency and non-discrimination in public procurement.
Amendment 76 #
2010/0363(COD)
Proposal for a regulation
Recital 6 c (new)
Recital 6 c (new)
(6c) Liberalisation of the energy markets does not automatically lead to increased competition, as established operators often maintain very substantial market shares, and in some Member States, the presence of state-owned enterprises may also distort market functioning. Therefore this Regulation should guarantee equal treatment of all market players to minimise the risk of unsound business practices and to ensure a level-playing field.
Amendment 135 #
2010/0363(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Highlights that basic rules are needed at EU level, such as a common definition of unacceptable conflict-of- interest situations. Safeguards at EU level intended to provide transparency and accountability could include declarations of absence of conflict of interest.
Amendment 138 #
2010/0363(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes rules prohibiting abusive practices onaffecting wholesale energy markets coherentwhere those rules are consistent with and do not overlap with those applying in related financial markets. It provides for the monitoring of wholesale energy markets by the Agency.
Amendment 144 #
2010/0363(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The Agency, national regulatory authorities and competent financial authorities shall cooperate to ensure that a coordinated approach is taken to the enforcement of the relevant rules where actions relate to one or more financial instruments to which the provisions of Article 9 of Directive 2003/6/EC apply and also to one or more wholesale energy products to which the provisions of Article 3 and Article 4 apply. The Agency shall ensure that the relevant rules are being enforced by national authorities, including rules pertaining to operations of price setting for public procurement.
Amendment 248 #
2010/0363(COD)
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
3. The Agency shall at least on an annual basis submit a report to the Commission on its activities under this Regulation. Such reports shall bring to the notice of the Commission flaws in market rules, standards, and procedures established by private and public bodies, or by national regulators, which could facilitate insider trading and market manipulation or undermine the internal market. Reports may be combined with the report referred to in Article 11(2) of Regulation (EC) No 713/2009.
Amendment 129 #
2010/0275(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The representatives of the Member States, meeting in the European Council on 13 December 2003, decided that the European Network and Information Security Agency (ENISA), that was to be established on the basis of the proposal submitted by the Commission, would have its seat in a town in Greece to be determined by the Greek Government. The Greek Government determined that ENISA should have its seat in Heraklion, Crete. This arrangement raises serious questions on the efficiency and effectiveness of the Agency, the Council should therefore reconsider this decision taking into account these parameters.
Amendment 136 #
2010/0275(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) A set of tasks should indicate how the Agency is to accomplish its objectives while allowing flexibility in its operations. The tasks carried out by the Agency should include the collection of appropriate information and data needed to carry out analyses of the risks to the security and resilience of electronic communications, infrastructure and services and to assess, in cooperation with Member States, the state of network and information security in Europe. The Agency should ensure coordination with Member States and enhance cooperation between stakeholders in Europe, in particular by involving in its activities competent national bodies and private sector experts in the area of network and information security, in particular providers of electronic communications networks and services, network equipment manufacturers and software vendors. The Agency should provide assistance to the Commission and the Member States in their dialogue with industry to address security-related problems in hardware and software products, thereby contributing to a collaborative approach to network and information security.
Amendment 157 #
2010/0275(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The Agency should be established for a n unlimited period. Its operations should be evaluated with regard to the effectiveness of achieving the objectives and of its working practices, in order to determine the continuing validity, or otherwise, of the objectives of the Agency and, based on this, whether the duration of its oper of time. A yearly performance agreement should be set between the Agency and the Commission, which should encompass a general evaluation report on the effectiveness and objectives achieved and which should be submitted each year to the European Parliament, the Council, the Commission and the Court of Auditors. In addition, a fully independent evaluations should be further extended,undertaken every three years.
Amendment 233 #
2010/0275(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. The seat shall be reconsidered by the Council taking into account the need to ensure efficient and effective running of the Agency.
Amendment 243 #
2010/0275(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Within three years from the date of establishment referred to in Article 34, the Commission, taking into account the views of all relevant stakeholders, shall carry out an evaluation on the basis of terms of reference agreed with the Management Board. The evaluation shall assess the impact and the effectiveness of the Agency in achieving the objectives set out in Article 2, and the effectiveness of the Agency’s working practices. The Commission shall undertake the evaluation notably in order to determine whether anthe Agency is still an effective instrument and whether the duration of the Agency should be further extfulfilling its multi-annual work plan and assess whether the Agency needs to be strengthended beyond the period specified in Article 34or its mandated extended or adapted.
Amendment 250 #
2010/0275(COD)
Proposal for a regulation
Article 33
Article 33
The Agency shall be established from […] for an unlimited period of five yearstime.
Amendment 120 #
2010/0252(COD)
Proposal for a decision
Recital 13 a (new)
Recital 13 a (new)
(13a) Increased mobile broadband opportunities are crucial to provide the cultural sector with new distribution platforms, thereby paving the way for a future thriving development of the sector. It is essential that terrestrial TV services and other actors can maintain or develop new services when part of the spectrum is freed up for wireless services. Migration costs, resulting from the opening up of spectrum may be covered through licence fees.
Amendment 277 #
2010/0252(COD)
Proposal for a decision
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) Member States may limit the amount of spectrum for which rights of use are granted to any economic operator or may attach conditions to such rights of use, such as the provision of wholesale access, national or regional roaming, in certain bands or in certain groups of bands with similar characteristics, for instance the bands below 1 GHz allocated to electronic communication services;
Amendment 31 #
2009/2228(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Asks the Commission, therefore, to submit by the end of 2010 a set of recommendations to ensure that smart metering is implemented in accordance with the timetable set out in the third energy market package and that a set of minimum functionalities for smart meters is defined in order to give consumers improved capabilities to manage their energy consumption, and to facilitate the introduction of new energy services and an innovative, harmonised and interoperable European smart grid, taking into account all proven best practices employed in some Member States, particularly as regards the management of real-time, two-directional power and information flows;
Amendment 37 #
2009/2228(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that, if ICTs can help to save energy by enabling data to be continuously monitored in order to optimise public and private energy consumption and improve energy efficiency in many sectors, the ICT sector – bearing in mind the exponential growth of its own energy consumption – should set an example by undertaking to cut its consumption by a very significant margin;
Amendment 40 #
2009/2228(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises that the ITC sector’s undertaking to cut its own energy consumption should apply first and foremost to data centres;
Amendment 46 #
2009/2228(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that in the building, transport, logistics, lighting, electricity, heating and ventilation and industrial sectors ICTs may be used in a variety of ways to improve energy efficiency and energy management; notes that these applications have an impact on, inter alia, electricity distribution, lighting, heating, ventilation and air conditioning and the opportunities ICTs offer in terms of measurement, monitoring and automation;
Amendment 84 #
2009/2228(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Maintains that no time should be lost in promoting smart metering, with a view to optimising energy production and electricity grids; emphasises, in this connection, that the measurement, monitoring and automation of consumption will be part and parcel of optimised electrical network architecture, the purpose of which must be to ensure energy efficiency, on the one hand, and to incorporate renewable energy sources, energy storage management and the recharging of future electric vehicles, on the other; emphasises, however, that while smart metering systems are a crucial stage in the process, they are only the first step towards the development of smart networks;
Amendment 8 #
2009/2225(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas our European society and economy face huge structural challenges, and ICT provides an opportunity to underpin a transition to a more open society and sustainable economic growth,
Amendment 21 #
2009/2225(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the creative industries not only contribute to the EU’s economic recovery but also offer attractive content and services that incentivise the use and uptake of ICTs,
Amendment 29 #
2009/2225(INI)
Motion for a resolution
Recital E
Recital E
E. whereas we have not yet achieved a fully functioning digital single market for online services in Europe; whereas the free movement of digital services is today severely hindered by fragmented rules at national level; whereas European companies and public services will gain economic and social benefits from the use of advanced ICT services and applications,
Amendment 35 #
2009/2225(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, while broadband is available to more than 90% of the EU’s population, take-up occurs in only 50% of households,
Amendment 37 #
2009/2225(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas competitive communications markets are important in ensuring that users receive maximum benefits in terms of choice, quality and affordable prices,
Amendment 46 #
2009/2225(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the private and public sectors need to invest in new innovative platforms and services such as, for example, cloud computing, eHealth, smart meters, smart mobility, etc; whereas strengthening the single European market will increase interest in investments in the European economy and markets, and lead to further economies of scale,
Amendment 62 #
2009/2225(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of continuing efforts towards ubiquitous and high-speed access for all citizens and consumers, through the promotion of access to fixed and mobile Internet and the deployment of next-generation infrastructure; emphasises that this requires policies that promote and services through the creation of incentives to support investment; emphasises that this requires policies that support competition, choice and diversity in high speed services delivering access on fair terms and at competitive prices for all communities, irrespective of location, thereby ensuring that no European citizen faces exclusion;
Amendment 75 #
2009/2225(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and the Member States to increase their efforts to promote both take-up and effective use of Internet services by all citizens, as a way to foster economic growth and digital inclusion;
Amendment 77 #
2009/2225(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that every EU household should have access to broadband Internet at a competitive price by 2013; urges the Commission therefore to carry out a review of the universal service obligations, and calls on Member States to impart new impetus to the European high-speed broadband strategy, notably by updating national targets for broadband and high- speed coverage; calls, furthermore, upon the Commission to promote all available policy instruments to achieve broadband for all European citizens in its upcoming broadband strategy, including the use of the European Structural Funds and of the digital dividend for extending mobile broadband coverage;
Amendment 93 #
2009/2225(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the importance of maintaining Europe as the mobile continent in the world and ensuring that 75% of mobile subscribers are 3G (or beyond) users by 2015have access to high- speed wireless services by 2015; underlines the importance of sustained competition and innovation in wireless services; recalls the necessity to accelerate the harmonised deployment of the digital dividend in a non-discriminatory manner and without compromising existing broadcast services;
Amendment 103 #
2009/2225(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Radio Spectrum Committee to address practical and technical requirements to ensure the timely availability of spectrum, with sufficient flexibility, to enable the deployment of new technologies and services, including mobile broadband, to support the objectives of the 2015.eu agenda;
Amendment 117 #
2009/2225(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that, as Internet access rates are increasing, 50% of EU households should be connected to high-speed networks by 2015; recalls the importance of an appropriate policy framework that enables investments and competition needed to achieve this objective;
Amendment 130 #
2009/2225(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Member States to fully enforce the EU telecoms framework, empower national regulators and transpose the telecoms package before the established deadline, in particularcluding the new provisions on Next Generation Access (NGA) networks, functional separation and spectrum, which provide for a stable regulatory environment tohat stimulates investment while safeguardingand competition;
Amendment 137 #
2009/2225(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on Member States to reinvigorate their efforts to achieve competitive markets for ICT networks, products and services and also an enhanced single market for information society services;
Amendment 142 #
2009/2225(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on stakeholders to adopt open models for communications network deployment to help boost innovation and drive demand;
Amendment 149 #
2009/2225(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 195 #
2009/2225(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to take further actions to fight cybercrime and spam, spam and fraud in the online advertising sector and urges all Member States to ratify the Cybercrime Convention;
Amendment 210 #
2009/2225(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Insists on safeguarding an open Internet, where citizens have the right and business users are able to access and distribute information or run applications and services of their choice, as provided for in the revised regulatory framework; calls on the Commission, the Body of European Regulators for Electronic Communications (BEREC) and the National Regulatory Authorities (NRAs) to monitor closely and enforcemarket developments and the harmonised implementation of the 'net neutrality' provisions and to report to Parliament before the end of 2010;
Amendment 239 #
2009/2225(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes the view that, almost a decade after their adoption, the Directives concerning the legal framework for the information society (i.e. the Data Protection Directive, Electronic Signatures Directive and Electronic Commerce Directive) appear out of date due to the increased complexity of the online environment and, the introduction of new technologies and the fact that EU citizens' data are increasingly processed outside of the EU; believes that, while the legal issues arising from some Directives can be resolved through an incremental update, other Directives need a more fundamental revision and that the adoption of an international framework for data protection should be promoted;
Amendment 265 #
2009/2225(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises the need to develop the free circulawide distribution of content and free circulation of knowledge and to achieve, by 2015, a simple, consumer-friendly legal framework for accessing digital content in Europe, which would givincrease certainty to consumers and ensure robust solutions that are balanced and attractive for users and rights-holders; urges the EU to accelerate the debate on copyright and to establish an EU copyright title under Article 118 of the Treaty on the Functioning of the EU by 2013;
Amendment 37 #
2009/0173(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 44 #
2009/0173(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 46 #
2009/0173(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Manufacturers' compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium with respect to each calendar year from 1 January 2014. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. In order to ensure consistency, the premium mechanism should be similar to the one set in Regulation (EC) No 443/20095. The amounts of the excess emissions premium should be considered as revenue in the General Budget of the European Union.
Amendment 46 #
2009/0173(COD)
Proposal for a regulation
Recital 20
Recital 20
(20). Manufacturers' compliance with the targets under this Regulation should be assessed at the Community level. Manufacturers whose average specific emissions of CO2 exceed those permitted under this Regulation should pay an excess emissions premium with respect to each calendar year from 1 January 2014. The premium should be modulated as a function of the extent to which manufacturers fail to comply with their target. In order to ensure consistency, the premium mechanism should be similar to the one set in Regulation (EC) No 443/20095. The amounts of the excess emissions premium should be considered as revenue in the General Budget of the European Union.
Amendment 61 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, tThis Regulation sets a target of 135 60g CO2/km for the, starting in 2020, as average emissions ofor the new light commercial vehicles registered in the Communityfleet, in accordance with Article 12 (4). This regulation sets a target of 145g CO2/km, starting in 2025, as average emissions for the new light commercial vehicles fleet, in accordance with Article 12(5).
Amendment 64 #
2009/0173(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. From 2020, tThis Regulation sets a target of 135 60g CO2/km for the, starting in 2020, as average emissions ofor the new light commercial vehicles registered in the Communityfleet, in accordance with Article 12(4). This Regulation sets a target of 145g CO2/km, starting in 2025, as average emissions for the new light commercial vehicles fleet, in accordance with Article 12(5).
Amendment 87 #
2009/0173(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘footprint’ means the track width multiplied by the wheelbase as stated in the certificate of conformity and defined in sections 2.1 and 2.3 of Annex I to Directive 2007/46/EC.
Amendment 93 #
2009/0173(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) ‘footprint’ means the track width multiplied by the wheelbase as stated in the certificate of conformity and defined in sections 2.1 and 2.3 of Annex I to Directive 2007/46/EC.
Amendment 93 #
2009/0173(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g b (new)
Article 3 – paragraph 1 – point g b (new)
(gb) 'complete vehicle' means any vehicle which need not be completed in order to meet the relevant technical requirements of Directive 2007/46/EC.
Amendment 94 #
2009/0173(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g b (new)
Article 3 – paragraph 1 – point g b (new)
(gb) 'complete vehicle' means any vehicle which need not be completed in order to meet the relevant technical requirements of Directive 2007/46/EC.
Amendment 96 #
2009/0173(COD)
Proposal for a regulation
Article 4
Article 4
For the calendar year commencing 1 January 20145 and each subsequent calendar year, each manufacturer of complete light commercial vehicles shall ensure that its average specific emissions of CO2 do not exceed its specific emissions target determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 10, in accordance with that derogation. For the purpose of determining each manufacturer's specific emissions of CO2, the following percentages of each manufacturer's new light commercial vehicles registered in the relevant year shall be taken into account: – 65% in 2015, – 75% in 20146, – 80% in 20157, – 100% from 20168 onwards. As of 1 January 2016 completed vehicles shall also be included in determining each manufacturer’s average specific CO2 emissions.
Amendment 101 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the calendar year commencing 1 January 20145 and each subsequent calendar year, each manufacturer of complete light commercial vehicles shall ensure that its average specific emissions of CO2 do not exceed its specific emissions target determined in accordance with Annex I or, where a manufacturer is granted a derogation under Article 10, in accordance with that derogation.
Amendment 111 #
2009/0173(COD)
Proposal for a regulation
Article 5
Article 5
In calculating the average specific emissions of CO2, each new light commercial vehicle with specific emissions of CO2 of less than 50 g CO2/km shall be counted as: - 2,5 light commercial vehicles in 2014 - 1,5 light commercial vehicles in 2015% of their vehicle specific CO2 target in accordance with Annex I, shall be counted as: - 12 light commercial vehicles from 20165 to 2025.
Amendment 117 #
Amendment 126 #
Amendment 126 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. For the calendar year commencing 1 January 20123 and each subsequent calendar year, each Member State shall record information for each new light commercial vehicle registered in its territory in accordance with Part A of Annex II. This information shall be made available to the manufacturers and their designated importers or representatives in each Member State. Member States shall make every effort to ensure that reporting bodies operate in a transparent manner.
Amendment 129 #
Amendment 129 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By 28 February of each year, commencing in 20134, each Member State shall determine and transmit to the Commission the information listed in Part B of Annex II in respect of the preceding calendar year. The data shall be transmitted in accordance with the format specified in Part C of Annex II.
Amendment 133 #
2009/0173(COD)
Proposal for a regulation
Article 4 – paragraph 2 – indent 3
Article 4 – paragraph 2 – indent 3
– 100 % from 20168 onwards. As of 1 January 2016 completed vehicles shall also be included in determining each manufacturer’s average specific CO2 emissions.
Amendment 133 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 4 – first subparagraph
Article 7 – paragraph 4 – first subparagraph
4. The Commission shall keep a central register of the data reported by Member States under this Article and this register shall be publicly available. By 30 June 20134 and each subsequent year, the Commission shall provisionally calculate for each manufacturer:
Amendment 137 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. In relation to the calendar year 20123 and 20134 and on the basis of the calculations performed pursuant to paragraph 5, the Commission shall notify a manufacturer where it appears to the Commission that the manufacturer's average specific emissions of CO2 exceed its specific emissions target.
Amendment 141 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 10 a (new)
Article 7 – paragraph 10 a (new)
10a. As of 1 January 2014 the monitoring shall be extended to completed vehicles.
Amendment 146 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In respect of the period 1 January 20145 and every calendar year thereafter, the Commission shall impose an excess emissions premium on a manufacturer or pool manager, as appropriate, where a manufacturer's average specific emissions of CO2 exceed its specific emissions target. The excess emissions premiums shall be similar to premiums paid in other sectors under the European Emission Trading Scheme.
Amendment 150 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 154 #
2009/0173(COD)
Proposal for a regulation
Article 5 – introductory part
Article 5 – introductory part
In calculating the average specific emissions of CO2, each new light commercial vehicle with specific emissions of CO2 of less than 50 g CO2/km% of their vehicle specific CO2 target in accordance with Annex I, shall be counted as:
Amendment 158 #
2009/0173(COD)
Proposal for a regulation
Article 5 – indent 1
Article 5 – indent 1
Amendment 162 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 163 #
2009/0173(COD)
Proposal for a regulation
Article 5 – indent 2
Article 5 – indent 2
– 1,52 light commercial vehicles in 201from 2015 to 2025,
Amendment 164 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 166 #
2009/0173(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory phrase
Article 9 – paragraph 1 – introductory phrase
1. By 31 October 20134 and 31 October each subsequent year, the Commission shall publish a list indicating for each manufacturer:
Amendment 167 #
2009/0173(COD)
Proposal for a regulation
Article 5 – indent 3
Article 5 – indent 3
Amendment 173 #
2009/0173(COD)
Proposal for a regulation
Article 11 – paragraph 2 – first subparagraph
Article 11 – paragraph 2 – first subparagraph
2. The Commission shall by 31 December 2012, adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in Article 13(2). Those detailed provisions shall be in accordance with the provisions established according Article 12, paragraph 2, of the Regulation (EC) 443/2009 and be based on the following criteria for innovative technologies:
Amendment 176 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. For the calendar year commencing 1 January 20123 and each subsequent calendar year, each Member State shall record information for each new light commercial vehicle registered in its territory in accordance with Part A of Annex II. This information shall be made available to the manufacturers and their designated importers or representatives in each Member State. Member States shall make every effort to ensure that reporting bodies operate in a transparent manner.
Amendment 179 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By 28 February of each year, commencing in 20134, each Member State shall determine and transmit to the Commission the information listed in Part B of Annex II in respect of the preceding calendar year. The data shall be transmitted in accordance with the format specified in Part C of Annex II.
Amendment 180 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 183 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
The Commission shall keep a central register of the data reported by Member States under this Article and this register shall be publicly available. By 30 June 20134 and each subsequent year, the Commission shall provisionally calculate for each manufacturer:
Amendment 186 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1
Article 12 – paragraph 4 – subparagraph 1 – indent 1
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 13560 g CO2/km, starting in 2020, in a cost-effective manner; and
Amendment 188 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. In relation to the calendar year 20123 and 20134 and on the basis of the calculations performed pursuant to paragraph 5, the Commission shall notify a manufacturer where it appears to the Commission that the manufacturer's average specific emissions of CO2 exceed its specific emissions target.
Amendment 192 #
2009/0173(COD)
Proposal for a regulation
Article 7 – paragraph 10 a (new)
Article 7 – paragraph 10 a (new)
10a. As of 1 January 2014 the monitoring shall be extended to completed vehicles.
Amendment 194 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In respect of the period 1 January 20145 and every calendar year thereafter, the Commission shall impose an excess emissions premium on a manufacturer or pool manager, as appropriate, where a manufacturer's average specific emissions of CO2 exceed its specific emissions target. The excess emissions premiums shall be similar to premiums paid in other sectors under the European Emission Trading Scheme.
Amendment 199 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Amendment 204 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – indent 2
Article 12 – paragraph 4 – subparagraph 2 – indent 2
– confirm thidentify the modalities for a possible inclusion in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 for the long-term target.
Amendment 214 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 3
Article 12 – paragraph 4 – subparagraph 3
The European Commission shall make a proposal to the European Parliament and Council on those measures, designed to amend non- essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
Amendment 219 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. By 1 January 2018, the Commission shall complete a review of the specific emission target in Annex I and of the derogations in Article 10, with the aim of defining: – the modalities for reaching a long-term target of 145 g CO2/km, starting in 2025, in a cost-effective manner; and – the aspects of the implementation of that targets, including the excess emissions premium. On the basis of such a review and its impact assessment, which includes an overall assessment of the impact on the car industry and its dependent industries, the Commission shall, if appropriate, – make a proposal to amend this Regulation in a way which is as neutral as possible from the point of view of competition, and which is socially equitable and sustainable. The European Commission shall make a proposal to the European Parliament and European Council on those measures, designed to amend essential elements of this Regulation.
Amendment 226 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. TBy 2011 the Commission shall by 2015 review the method of determining the specificset up a procedure to obtain representative values of CO2 emissions of CO2and mass of completed vehicles in paragraph 7 of Part B of Annex II and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex IIfor monitoring purposes.
Amendment 228 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Amendment 230 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 231 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 233 #
2009/0173(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 234 #
2009/0173(COD)
Proposal for a regulation
Annex I – point 1
Annex I – point 1
1. The indicative specific emissions of CO2 for each light commercial vehicle, measured in grams per kilometre, shall be determined in accordance with the following formulae: (a) From 2014 to 2017: Indicative sSpecific emissions of CO2 = 175 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0 = 1706,0 a = 0,093 (b) From 2018: Indicative specific emission of CO2 = 175 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0 = the value adopted pursuant to Article 12(1) a = 0,093
Amendment 237 #
2009/0173(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. By 31 October 20134 and 31 October each subsequent year, the Commission shall publish a list indicating for each manufacturer:
Amendment 241 #
2009/0173(COD)
Proposal for a regulation
Annex II – part A – point 1 – introductory part
Annex II – part A – point 1 – introductory part
1. For the year beginning 1 January 20113 and each subsequent year, Member States shall record the following details for each new light commercial vehicle registered in its territory:
Amendment 243 #
2009/0173(COD)
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. The Commission shall by 31 December 2012, adopt detailed provisions for a procedure to approve such innovative technologies in accordance with the regulatory procedure referred to in Article 13(2). Those detailed provisions shall be in accordance with the provisions established according to Article 12(2) of Regulation (EC) 443/2009, and be based on the following criteria for innovative technologies:
Amendment 244 #
2009/0173(COD)
Proposal for a regulation
Annex II – part A – point 3 – introductory part
Annex II – part A – point 3 – introductory part
3. For the calendar year commencing 1 January 20113 and each subsequent calendar year, each Member State shall determine, in accordance with the methods set out in Part B, for each manufacturer:
Amendment 247 #
2009/0173(COD)
Proposal for a regulation
Annex II – part A – point 3 – point d – point ii
Annex II – part A – point 3 – point d – point ii
(ii) the specific emissions of CO2 and the share of emissions reduction as a result of innovative technologies in accordance with Article 11;
Amendment 248 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Amendment 249 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 250 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
Amendment 257 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 1 – indent 1
Article 12 – paragraph 4 – subparagraph 1 – indent 1
– subject to confirmation of its feasibility on the basis of updated impact assessment results, the modalities for reaching, by the year 2020, a long-term target of 13560 g CO2/km, starting in 2020, in a cost-effective manner; and
Amendment 275 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 2 – indent 2
Article 12 – paragraph 4 – subparagraph 2 – indent 2
– confirm thidentify the modalities for a possible inclusion in this Regulation of vehicles in category N2 and M2 as defined in Annex II to Directive 2007/46/EC with a reference mass not exceeding 2 610 kg and to vehicles to which type-approval is extended in accordance with Article 2(2) of Regulation (EC) No 715/2007 for the long-term target.
Amendment 280 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 3
Article 12 – paragraph 4 – subparagraph 3
The European Commission shall make a proposal to the European Parliament and Council on those measures, designed to amend non- essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).
Amendment 283 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 4 – subparagraph 3 a (new)
Article 12 – paragraph 4 – subparagraph 3 a (new)
Amendment 289 #
2009/0173(COD)
Proposal for a regulation
Article 12 – paragraph 7
Article 12 – paragraph 7
7. TBy 2011 the Commission shall by 2015 review the method of determining the specificset up a procedure to obtain representative values of CO2 emissions of CO2and mass of completed vehicles in paragraph 7 of Part B of Annex II and, if appropriate, submit a proposal to the European Parliament and to the Council to amend Annex II.for monitoring purposes
Amendment 293 #
2009/0173(COD)
Proposal for a regulation
Annex 1 – point 1 – subpoint a – line 1
Annex 1 – point 1 – subpoint a – line 1
(a) From 2014 to 2017:
Amendment 296 #
2009/0173(COD)
Proposal for a regulation
Annex 1 – point 1 – subpoint a – line 2
Annex 1 – point 1 – subpoint a – line 2
Amendment 297 #
2009/0173(COD)
Proposal for a regulation
Annex 1 – point 1 – subpoint b
Annex 1 – point 1 – subpoint b
Amendment 302 #
2009/0173(COD)
Proposal for a regulation
Annex 2 – title A – point 1 – introductory part
Annex 2 – title A – point 1 – introductory part
1. For the year beginning 1 January 2011 3 and each subsequent year, Member States shall record the following details for each new light commercial vehicle registered in its territory:
Amendment 306 #
2009/0173(COD)
Proposal for a regulation
Annex 2 – title A – point 3 – introductory part
Annex 2 – title A – point 3 – introductory part
3. For the calendar year commencing 1 January 20113 and each subsequent calendar year, each Member State shall determine, in accordance with the methods set out in Part B, for each manufacturer:
Amendment 309 #
2009/0173(COD)
Proposal for a regulation
Annex 2 – title A – point 3 – subpoint d – subpoint ii
Annex 2 – title A – point 3 – subpoint d – subpoint ii
(ii) the specific emissions of CO2 and the share of emissions reduction as a result of innovative technologies in accordance with Article 11;
Amendment 28 #
2009/0172(NLE)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The mitigation measures in the energy sector through energy efficiency and renewable energy should be supported by a specific Bulgarian national strategy.
Amendment 29 #
2009/0172(NLE)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) The economy, efficiency and effectiveness principles of the allocated funds can be ensured through evaluation and performance audits of the previously financed programmes.
Amendment 42 #
2009/0172(NLE)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a 1. Prior to the signature of the contribution agreements with the EBRD for the period 2010-2013, the Commission shall ensure the existence of a specific Bulgarian national strategy in the energy efficiency and renewable energy sector and assess it. In particular, in order to avoid double funding in the energy efficiency/renewable energy sector, it shall evaluate whether financing of short and long term objectives of the strategy have already been identified through Kozloduy International decommissioning Support Funds (KIDSF), Structural Funds or other European, national or international funds. 2. The European Commission shall perform in 2010 a specific ex-post evaluation of the Phare programme related to the closure of Kozloduy and of the projects financed up until 2009 under the EU Contribution to the KIDSF and managed by the EBRD. 3. The European Court of Auditors is invited to include in its 2010 annual programme a performance audit of the 2007-2009 EU Contribution of KIDSF.
Amendment 28 #
2009/0106(CNS)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty establishon the Functioning of the European CommunityUnion, and in particular Article 28194 thereof,
Amendment 51 #
2009/0106(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a common framework for the notification to the Commission of data and information on investment projects in energy infrastructure in the oil, natural gas, electricity and bio- fuel sectors, and on investment projects related to the capture and storage of carbon dioxide produced by these sectors.
Amendment 86 #
2009/0106(CNS)
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
Article 5 – paragraph 3 – subparagraph 1
3. Any notification under Article 3 shall include the volume of installed capacities, which are in place at the beginning of the reporting year concerned.
Amendment 103 #
2009/0106(CNS)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 a (new)
Article 10 – paragraph 1 – subparagraph 2 a (new)
The Commission shall ensure that, in carrying out the analyses referred to in paragraph 1, projects that are at an early stage of development are assessed on the basis of probability of completion.
Amendment 104 #
2009/0106(CNS)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. In preparing the analyses referred to in paragraph 1, the Commissionthe Commission shall coordinate with the bodies entrusted with EU energy sector specific investment plans, and may be assisted by experts from Member States and / or any other experts with specific competence in the area concerned.
Amendment 123 #
2009/0106(CNS)
Proposal for a regulation
Annex – point 2 a (new)
Annex – point 2 a (new)
2a. Coal - Extraction installations with a capacity of at least XXX - Production installations with a capacity of at least XXX
Amendment 6 #
2008/2157(INI)
Proposal for a recommendation
Recital E
Recital E
E. welcoming the Commission evaluation report on FRONTEX which provides the first quantifiable results from the FRONTEX agency since it launched operations in October 2005, and noting the need to define a medium and long-term strategy, which has become essential at this stage of its development, but regrets that the evaluation fails to address the issue of the impact of FRONTEX activities on the fundamental freedoms and rights of individuals.
Amendment 7 #
2008/2157(INI)
Proposal for a recommendation
Recital E a (new)
Recital E a (new)
Ea. Whereas Frontex is a first-pillar, Community body subject to the principles of full democratic scrutiny and transparency, and as such has an obligation to uphold and promote the fundamental values of the EU;
Amendment 8 #
2008/2157(INI)
Proposal for a recommendation
Recital E b (new)
Recital E b (new)
Eb. Whereas the coordinating intelligence-driven operations carried out by FRONTEX are based on risk analyses and threat assessments made under the secrecy rule,
Amendment 9 #
2008/2157(INI)
Proposal for a recommendation
Recital E c (new)
Recital E c (new)
Ec. Whereas Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents applies to FRONTEX,
Amendment 12 #
2008/2157(INI)
Proposal for a recommendation
Recital F a (new)
Recital F a (new)
Fa. Whereas the consequences and effects of the joint operations coordinated by Frontex create an “externalisation of the border”; whereas these practices question its compliance with the EU’s obligations to respect the principle of protection for asylum-seekers and refugees;
Amendment 55 #
2008/2157(INI)
Proposal for a recommendation
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 59 #
2008/2157(INI)
Proposal for a recommendation
Paragraph 13
Paragraph 13
13. Considers in particular that, while the rhythm of work and the resources employed do not yet justify creating a large number of decentralised agencies, consideration might be given at this stage to setting up two distinct external offices - one coordinating activities at land borders, the other for se operations, bearing in mind that land migratory routes on the Eastern border will increasingly represent a major challenge in the future and should deserve increased attention and means;
Amendment 64 #
2008/2157(INI)
Proposal for a recommendation
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls for the setting up of an Asylum Experts Unit within FRONTEX that would provide legal assistance to persons seeking international protection; proposes that these experts be deployed alongside Rapid Border Intervention Teams, identifying and monitoring asylum seekers at the borders and at sea, thereby ensuring that the rights of such persons are guaranteed in joint operations.
Amendment 66 #
2008/2157(INI)
Proposal for a recommendation
Paragraph 14 b (new)
Paragraph 14 b (new)
Amendment 2 #
2008/2005(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to the Commission Communication entitled "Economic reforms and competitiveness: key messages from the European Competitiveness Report 2006"(COM(2006)(0697),
Amendment 32 #
2008/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Draws attention to the potential risk of duplication and multiplication of new initiatives; calls on the Commission to consider how the new European Industrial Initiatives (EIIs) will fit with existing programmes, including FP7 and more specifically the Joint Technology Initiatives decided upon under FP7, the Competitiveness and Innovation Framework Programme (CIP) and the European Institute of Innovation and Technolo; draws in particular the attention to potential link between the EIIs and the European Institute of Innovation and Technology as well as with the Knowledge and Information Community (KIC) covering climate change and energy;
Amendment 64 #
2008/2005(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Encourages the Commission to urgently ensure adequate financing and support for new low carbon technology R&D, demonstration and commercialisation, so that from 2009 onwards, at least EUR 2 billion per annum of the EU budget is spent on support for such technologies independently from FP7 and CIP, also calls on the Commission to put forward proposals for additional resources in the mid-term review of the financial framework 2007-2013clarify the additional funding sources for the creation of the SET-Plan;
Amendment 76 #
2008/0241(COD)
Proposal for a directive
Article 3 - point b a (new)
Article 3 - point b a (new)
(ba) “medical device” means the electrical equipment covered by the scope of Directive 93/42/EC and Directive 98/79/EC.
Amendment 80 #
2008/0241(COD)
Proposal for a directive
Article 3 – point j – introductory part
Article 3 – point j – introductory part
(j) ‘producer’ means any natural or legal person in the Member State who, irrespective of the selling technique used, including by means of distance communication in accordance with Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts:
Amendment 82 #
2008/0241(COD)
Proposal for a directive
Article 3 – point j– point i
Article 3 – point j– point i
(i) manufactures electrical and electronic equipment under his own name or trademark, or has electrical and electronic equipment designed or manufactured and markets that electronic equipment under his name or trade mark within the territory of the Member State,
Amendment 84 #
2008/0241(COD)
Proposal for a directive
Article 3 – point j – point iii
Article 3 – point j – point iii
(iii) is established within the Community and places electrical and electronic equipment from a third country on a professional basis onto the Community marketmarket of the Member State.
Amendment 97 #
2008/0241(COD)
Proposal for a directive
Article 3 - point o
Article 3 - point o
(o) "making available on the market” means any supply of a product for distribution, consumption or use on the CommunityMember State national market in the course of a commercial activity, whether in return for payment or free of charge.
Amendment 99 #
2008/0241(COD)
Proposal for a directive
Article 3 - point p
Article 3 - point p
(p) "placing on the market" means the first making available of a product on the CommunityMember State national market;
Amendment 128 #
2008/0241(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to Article 5(1), Member States shall ensure that producers or third parties acting on their behalf achieve a minimum collection rate of 65%40% in 2016, increasing to 65% in 2020. The collection rate is calculated on the basis of the total weight of WEEE collected in accordance with Articles 5 and 6 in a given year in that Member State, expressed as a percentage of the average weight of electrical and electronic equipment placed on the market in the twohree preceding years in that Member State. This collection rate shall be achieved annually and starting in 2016.
Amendment 223 #
2008/0241(COD)
Proposal for a directive
Article 16 - paragraph 2
Article 16 - paragraph 2
2. Member States shall ensure that any producer on their territory can enter in their national register all relevant information, including reporting requirements and fees, reflecting its activities across all oin ther Member States. . The registers shall be inter-operational to exchange such information, including on quantities of electrical and electronic equipment placed on the national market and for the transfer of money related to the intra-Community transfers of products or WEEE.
Amendment 17 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) Regulation (EC) No 717/2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the Community and amending Directive 2002/21/EC imposed, on an exceptional and temporary basis, limits on the charges that may be levied by mobile operators, at wholesale and retail levels, for the provision of international roaming services for voice calls originating and terminating within the Community. That Regulation also laid down rules aimed at increasing price transparency and improving the provision of information on charges to users of Community-wide roaming services.
Amendment 18 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) Structural problems relating to roaming services should be easier to solve in a genuine single market for mobile communication services, which is not fully in place at present, but which should be the ultimate aim of any regulatory framework.
Amendment 21 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 6
Recital 6
(6) The expiry in June 2010 of the regulatory safeguards which apply to intra- Community voice roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2007 would therefore give rise to a significant risk that the underlying lack of competitive pressures in the voice roaming market and the incentive for mobile operators to maximise their roaming revenues would result in a return to retail and wholesale prices for intra-Community roaming that do not constitute a reasonable reflection of the underlying costsadditional costs, in comparison with national mobile communication services, involved in the provision of the roaming service, thereby jeopardising the objectives of Regulation (EC) No 717/2007. Regulation (EC) No 717/2007 should therefore be extended beyond 30 June 2010 for a further period of three years in order to ensure the smooth functioning of the internal market by guaranteeing that consumers continue to benefit from the assurance that they will not be charged an excessive price in comparison with national prices, when making or receiving a regulated roaming call while at the same time providing sufficient time for competition to develop.
Amendment 26 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 10
Recital 10
(10) The practice by some mobile network operators of billing for the provision of wholesale roaming calls on the basis of minimum charging periods of up to 60 seconds, as opposed to the per second basis normally applied for other wholesale interconnection charges, creates a distortion of competition between these operators and those applying different billing methods and undermines the consistent application of the wholesale price limits introduced by Regulation (EC) No 717/2007. Moreover it represents an additional charge which, by increasing wholesale costs, has negative consequences for the pricing of voice roaming services at retail level. Mobile operators should therefore be required to bill for the wholesale provision of regulated roaming calls on a per second basis subject only to the possibility of applying a minimum initial charging period of no more than 30 seconds for calls made. This should enable operators to cover any reasonable set-up costs and provide flexibility to compete by enabling operators to offer shorter minimum charging periods.
Amendment 29 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 16 a (new)
Recital 16 a (new)
(16a) Customers should not have to pay for receiving voice mail messages in a visited network, as they cannot control the duration of such messages; this should be without prejudice to other applicable voice mail charges, for example charges for listening to such messages.
Amendment 31 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 18
Recital 18
(18) Just as is the case for voice roaming calls, there is a significant risk that imposing wholesale pricing obligations alone would not automatically result in lower rates for retail customers. On the other hand, action to reduce the level of retail prices without addressing the level of the wholesale costs associated with the provision of these services could prejudice the position of some operators, in particular smaller ones, by increasing the risk of price squeeze
Amendment 43 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 34
Recital 34
(34) In particular, mobile operators should provide their roaming customers with basic personalised tariff information on the charges applicable to them for data roaming services when they firstenter another Member State or initiate a data roaming service on entering another Member State. This information should be delivered to their mobile telephone or other mobile device in the manner best suited to its easy receipt and comprehension.
Amendment 75 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No 717/2007
Article 3 – paragraph 3 – subparagraph 2 a (new)
Article 3 – paragraph 3 – subparagraph 2 a (new)
By way of derogation from the second subparagraph, the visited network may apply an initial minimum charging period not exceeding 30 seconds to regulated roaming calls made.
Amendment 99 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 717/2007
Article 6 – paragraph 1 – subparagraph 3
Article 6 – paragraph 1 – subparagraph 3
It shall also include the free-of-charge number referred to in paragraph 2 for obtaining more detailed information and information on the possibility of accessing emergency services by dialling the European emergency number 112 free-of- charge.
Amendment 110 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6 a – paragraph 2 – subparagraph 1
Article 6 a – paragraph 2 – subparagraph 1
2. From 1 July 2009 at the latest, an automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State concerned, except when the customer has notified his home provider that he does not require this information.
Amendment 112 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 11
Article 1 – point 11
Regulation (EC) No 717/2007
Article 6 a – paragraph 2 – subparagraph 2
Article 6 a – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, when the roaming customer enters a Member State or initiates a regulated data roaming service in a particular Member State other than that of his home network for the first time after having entered that Member State. It shall be provided without undue delay and free of charge, by an appropriate means adapted to facilitate its receipt and easy comprehension.
Amendment 185 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 717/2007
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 55 #
2008/0148(CNS)
Proposal for a regulation
Recital 10
Recital 10
(10) Research infrastructures should help to safeguard scientific excellence of Community research and the competitiveness of its economy, as based on medium-term to long-term forecasts, through the efficient support of European research activities. To achieve this they should be effectively open to the European research community at large and have the ambition to enhance the European scientific capabilities beyond the current state of the art and thereby contribute to the development of the European Research Area, in particular by promoting synergies with the EU's cohesion policy.
Amendment 56 #
2008/0148(CNS)
Proposal for a regulation
Recital 10a (new)
Recital 10a (new)
(10a) In particular, new research infrastructures should take into account, where appropriate, the importance of unlocking the potential for scientific excellence in the convergence regions, as a means of enhancing the EU's long-term performance in research, innovation and economic competitiveness.
Amendment 57 #
2008/0148(CNS)
Proposal for a regulation
Recital 14
Recital 14
(14) Membership of an ERI must comprise at least threefour Member States and may include qualified third countries and specialised intergovernmental organisations. Therefore, an essential provision of this Regulation should be that an ERI should qualify as an international body or organisation for the purpose of the application of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax , Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts , in conformity with State aid rules. In order to support more effectively the research activities of the ERI, thereby making them more competitive at global level, Member States and participating third countries should take all possible measures to accord to such ERI the most extensive exemption from other taxes.
Amendment 63 #
2008/0148(CNS)
Proposal for a regulation
Article 3 – point b
Article 3 – point b
(b) it represents an added value in the development of the European Research Area including by unlocking research potential in all EU regions, and a significant improvement in the relevant scientific and technological fields at international level;
Amendment 68 #
2008/0148(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) a technical and scientific description of the research infrastructure to be established and operated by the ERI, as well as the socio-economic effects and the contribution to the EU's convergence objectives, addressing in particular the requirements set out in Article 3.
Amendment 73 #
2008/0148(CNS)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. An ERI shall have a name containing the words "European Research InfrastructuInfrastructură europeană de cercetare" or the abbreviation "ERI".
Amendment 76 #
2008/0148(CNS)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. An ERI must at all times have at least threefour Member States as members. Further Member States may join as members at any time on fair and reasonable terms specified in the Statutes.
Amendment 9 #
2008/0101(CNS)
Proposal for a decision
Recital 14
Recital 14
(14) Framework Decision 2008/XX/JHA onThe adoption and application of this Decision should be conditional on the adoption and implementation of an instrument adequately guaranteeing the protection of personal data processed in the framework of police and judicial co- operation in criminal matters should apply in the context the computerised exchange of information extracted from criminal records of Member States.
Amendment 12 #
2008/0101(CNS)
Proposal for a decision
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the list of national offences in each of the categories referred to in the table of offences in Annex A. The list shall include the name or legal classification of the offence and reference to the applicable legal provision. It mayshall also include a short description of the constitutive elements of the offence;
Amendment 24 #
2008/0014(COD)
Proposal for a decision
Recital 6
Recital 6
(6) The effort of each Member State should be determined in relation to the level of its 20051990 greenhouse gas emissions, which is the latest year for which verified greenhouse gas emissions data is availablein line with the Conclusions of the 2008 Spring European Council, and taking into account the need to ensure equity between Member States.
Amendment 28 #
2008/0014(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Member State reduction efforts should be based on the principle of solidarity between Member States, the recognition of their accomplished achievements in reducing emissions, and the need for sustainable economic growth across the Community, taking into account the relative per capita GDP of Member States. Member States that currently have a relatively low per capita GDP and thus high GDP growth expectations should be allowed to increase their greenhouse emissions compared to 20051990, but should limit this greenhouse emissions growth to contribute to the overall reduction commitment of the Community. Member States that currently have a relatively high per capita GDP should reduce their greenhouse emissions compared to 20051990.
Amendment 33 #
2008/0014(COD)
Proposal for a decision
Recital 8
Recital 8
(8) To further ensure a fair distribution of efforts between the Member States of the contribution to the implementation of the independent commitment of the Community, no Member State should be required to reduce its greenhouse gas emissions in 2020 to more than 20% below 20051990 levels and no Member State should be allowed to increase its greenhouse gas emissions in 2020 to more than 20% above 20051990 levels. Reductions in greenhouse gas emissions should take place between 2013 and 2020, with each Member State being allowed to carry forward from the following year a quantity equal to 2% of the greenhouse gas emission limit of that Member State and a Member State whose emissions are below that limit being allowed to carry over its excess emission reductions to the subsequent year. A Member State whose greenhouse gas emissions are below the limit in any year between 2013 and 2020, or below the target level for 2020 should also be allowed to trade its excess emission reductions with other Member States to assist them in meeting their limits or targets.
Amendment 37 #
2008/0014(COD)
Proposal for a decision
Recital 9
Recital 9
(9) In order to provide for flexibility for Member States in implementing their commitments, to promote sustainable development in third countries, in particular in developing countries, and to provide certainty to investors, the Community should continue to recognise a certain amount of credits from greenhouse gas emission reduction projects in third countries before a future international agreement on climate change has been reached. Member States should ensure that their policies for purchasing these creditsat least 50 % of these credits are purchased from Least Developed Countries (LDCs) in order to enhance the equitable geographical distribution of projects and enhance the achievement of a future international climate change agreement. All projects in third countries should guarantee the transfer of new, low-carbon technologies and shall conform to high quality criteria that guarantee their additionality and their environmental integrity.
Amendment 49 #
2008/0014(COD)
Proposal for a decision
Recital 15
Recital 15
(15) Progress in implementing commitments under this Decision should be annually evaluated on the basis of reports submitted under Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol. Every two years an assessment should be made on the projected progress and a full evaluation of the implementation of this Decision should be made in 2016. The assessment should also include an evaluation of the CDM projects registered and/or implemented by the Member States, so as to verify whether they are in line with the quality criteria outlined by this Decision.
Amendment 63 #
2008/0014(COD)
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Until a future international agreement on climate change has been concluded by the Community leading to emission reductions exceeding those required pursuant to this Article, each Member State shall, by 2020, limit its greenhouse gas emissions from sources not covered under Directive 2003/87/EC by the percentage set for that Member State in the Annex to this Decision in relation to its emissions in the year 20051990.
Amendment 97 #
2008/0014(COD)
Proposal for a decision
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
4. The annual use of credits by each Member State pursuant to paragraphs 1, 2 and 3 shall not exceed a quantity equal to 3% of the greenhouse gas emissions of that Member State not covered under Directive 2003/87/EC in the year 20051990. Each Member State may transfer the unused part of that quantity to another Member State.
Amendment 99 #
2008/0014(COD)
Article 4 – paragraph 4a (new)
4a. Member States will only use project credits from renewable energy and end- use efficiency projects that conform to high quality criteria guaranteeing the additionality of projects as well as their contribution to sustainable development. Quality criteria should conform at least to the “gold standard” or equivalent. Only credits from hydroelectric projects under 10 MW should be allowed, and only if they conform with the World Commission on Dams criteria.
Amendment 101 #
2008/0014(COD)
Article 5 – paragraph 1
1. Member States shall, i report on their annual reports submitted pursuant to Article 3 of Decision 280/2004/EC, report their annual emissions resulting from the implementation of Article 3 and the use of credits in accordance with Article 4emissions from sources not covered under Directive 2003/87/EC, on any transfer of excess emission undertaken or received in accordance with Article 3, paragraphs (3) and (3a) and on the use of credits in accordance with Article 4, by 31 March of the following year. The Commission shall be conferred with the power to amend the monitoring and reporting requirements under Decision 280/2004/EC in light of the experience drawn from the application of this Decision. The Commission shall verify the reports before the end of the April following the month the reports were due to be submitted.
Amendment 104 #
2008/0014(COD)
Proposal for a decision
Article 5a (new)
Article 5a (new)
Article 5a Impact of Community measures on the commitments of Member States to the overall Community objective. 1. Where proposed Community policies and measures could significantly impact on the achievement of the greenhouse gas emissions reduction commitments by the Community and its Member States, the regulatory impact assessment of each proposal by the Commission shall include a quantification of the impact, if any, on greenhouse gas emissions for the Community, and in respect of each Member State. 2. The Commission shall draw up a report by 31 December 2010, and every three years thereafter, on the impact that Community policies and measures, that are aimed at limiting greenhouse gas emissions, make towards the effort of the Community and of each Member State to limit greenhouse gas emissions in accordance with the provisions of this Decision.
Amendment 186 #
2007/0297(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
1. For each new passenger car, the permitted specific emissions of CO2, measured in grams per kilometre shall be determined in accordance with the following formula: Permitted specific emissions of CO2 = 130 + a × (M – M0) Where: M = mass of the vehicle in kilograms (kg) M0 = 1289.0 × f f = (1 + AMI)6 Autonomous mass increase (AMI) = 0 % a = 0.0457230
Amendment 84 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
(19) EAll end-users should be able to call and access the emergency services pfrovidedm any place within the territory of the EU by using any telephone service capable of originating voice calls through a number or numbers in the national or international telephone numbering plans. Emergency authorities should be able to handle and answer calls to the number “112” at least as expeditiously and effectively as calls to other national emergency numbers. It is important to increase awareness of, on the basis of commonly agreed quality standards. It is important to increase citizens' awareness about the existence and use of the “112” in order to improve the level of protection and security of all citizens travelling in the European Unionof the European Union, and optimize the use of resources at the “112” call centres. To this end, all EU citizens should be made fully aware that the “112” can be used as a single emergency number when travelling in any Member States, in particular through information provided in international bus terminals, train stations, ports or air by 2013 especially through the promotion of the 112 and its optimal use, in parallel with national emergency numbers. Furthermore the Commission should supports and in telephone directories, payphone kiosks, subscriber and billing materialsupplement information actions of Member States concerning the 112. The obligation to provide caller location information should be strengthened so as to increase the protection of citizens of the European Union. In particular, operators should provide caller location information to emergency services in a “push” mode, for all calls to the 112. In order to respond to technological developments, including those leading to increasingly precise accuracy of location information, the Commission should be able to adopt technical implementing measures in order to ensure the effective implementation of “112” in the Community for the benefit of all the citizens of the European Union.
Amendment 103 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 39 a (new)
Recital 39 a (new)
Amendment 124 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that all reasonable requests for provision of a telephone service over the network connection referred to in paragraph 1, allowing originating and receiving of national and international calls and calls to emergency services via the number “112” from any place within the territory of the EU, are met by at least one undertaking.’
Amendment 155 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Member States shall ensure that where contracts are concluded between subscribers and undertakings providing electronic communications services that allow voice communication, subscribers are clearly informed whether or not access to emergency services is provided. Providers of electronic communications services shall ensure that customers are clearly informed of the lack of access to emergency services in advance of the conclusion of a contract and regularly thereafter, especially when entering areas which may not be covered by any communication service.
Amendment 205 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2002/22/EC
Article 23
Article 23
Member States shall take all necessary steps to ensure the availability of publicly available telephone services provided over public communications networks in the event of catastrophic network breakdown or in cases of force majeure. Member States shall ensure that undertakings providing publicly available telephone services take all reasonable steps to ensure uninterrupted access to emergency services, from any place within the territory of the EU.
Amendment 218 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that undertakings providing a service for originating national and/or international calls through a number or numbers in a national or international telephone numbering plan provide uninterrupted access to emergency services, from any place within the territory of the EU.
Amendment 219 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Member States shall ensure that calls to the single European emergency call number ”112” are appropriately answered and handled in a manner best suited to the national organisation of emergency systems. Such calls shall be answered and handled at least as expeditiously and effectively as calls to national emergency number or numbers, where these continue in useto be in use, and on the basis of commonly agreed quality standards.
Amendment 220 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Member States shall ensure that disabled end-users are able to access emergency services. In order to ensure that disabled end-users are able to access emergency services while travelling in other Member States, the measures taken may include ensuring in compliance with relevant standards or specifications published in accordance with the provisions of Article 17 of Directive 2002/21/EC (Framework Directive).
Amendment 222 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 6
Article 26 – paragraph 6
6. Member States shall ensure that in addition to information about their national emergency numbers, all EU citizens are adequately informed about the existence and use of the single European emergency call number “112”, in particular through initiatives specifically targeting persons travelling between Member States.. The Commission shall support, and supplement relevant information actions of Member States; it shall submit a yearly report to the Commission and the Authority on the measures taken in that respect. periodically evaluate the knowledge of the 112 by the public and take appropriate measures against the Member States who fail to inform their citizens adequately.
Amendment 223 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 7
Article 26 – paragraph 7
7. In order to ensure the effective implementation of “112” services in the Member States, including access for disabled end-users when travelling in other Member States, the Commission, having consulted the Authority, may adopt technical implementing measures. Those measures designed to amend non-essential elements of this Directive, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 37(2). On imperative grounds of urgency, the Commission may use the urgency procedure referred to in Article 37(3).
Amendment 224 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16 a (new)
Article 1 – point 16 a (new)
Directive 2002/22/EC
Article 26 a (new)
Article 26 a (new)
(16a) The following Article 26a is inserted: 'Article 26a EU warning and alert system Member States shall ensure the establishment of a EU-wide, universal, multilingual, simplified and efficient communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters of any type. Such a system may be created through the interconnection and upgrading of existing national and regional systems. The warning and alert system shall be established by 2013 at the latest. It shall induce life-saving behaviour of threatened citizens and shall be implemented in combination with appropriate information and training campaigns.'
Amendment 234 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
National regulatory authorities shall be able to block on a case-by-case basis access to numbers or services where this is justified by reasons of fraud or misuse. Citizens shall be adequately informed and receive due warning about the cases in which they will be denied access to emergency services through the 112.
Amendment 271 #
2007/0248(COD)
Proposal for a directive – amending act
Annex I – Part A – point (e)
Annex I – Part A – point (e)
Directive 2002/22/EC
Annex I – Part A – point (e)
Annex I – Part A – point (e)
Member States are to authorise specified measures, which are to be proportionate, non-discriminatory and published, to cover non-payment of bills of operators designated in accordance with Article 8. These measures are to ensure that due warning of any consequent service interruption or disconnection is given to the subscriber beforehand. Any service interruption shall normally be confined to the service concerned. Exceptionally, in cases of fraud, persistent late payment or non-payment, Member States shall ensure that national regulatory authorities are able to authorise disconnection from the network as a result of non-payment of bills for services provided over the network. Disconnection for non-payment of bills should take place only after due warning is given to the subscriber. Member States may allow a period of limited service prior to complete disconnection, during which only services that do not incur a charge to the subscriber (e.g. “112” calls) are permitted. Access to emergency services through the 112 may be blocked in cases of repeated misuse by the user (e.g. false calls).
Amendment 19 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 29
Recital 29
(29) In order to promote the functioning of the internal market, and to support the development of cross-border services, the Commission should be given the power to grant the Authority specific responsibilities in the area of numbering. Furthermore, to allow citizens of the Member States, including travellers and disabled users, to be able to reach certain services by using the same recognisable numbers at similar prices in all Member States, the powers of the Commission to adopt technical implementing measures should also cover, where necessary, the applicable tariff principle or mechanism, as well as the establishment of a single European front- up call number ensuring user-friendly access to these services.
Amendment 28 #
2007/0247(COD)
Proposal for a directive – amending act
Recital 57
Recital 57
(57) The conditions that may be attached to authorisations should cover specific conditions governing accessibility for users with disabilities and the need of public authorities to communicateand emergency services to communicate between themselves and with the general public before, during and after major disasters. Also, considering the importance of technical innovation, Member States should be able to issue authorisations to use spectrum for experimental purposes, subject to specific restrictions and conditions strictly justified by the experimental nature of such rights.
Amendment 60 #
2007/0247(COD)
Proposal for a directive – amending act
Article 1 – point 11 – point (b)
Article 1 – point 11 – point (b)
Directive 2002/21/EC
Article 10 − paragraph 4 – subparagraph 1
Article 10 − paragraph 4 – subparagraph 1
Member States shall support harmonisation in numbering within the Community where that promotes the functioning of the internal market or supports the development of pan-European services. The Commission may take appropriate technical implementing measures on this matter, which may include establishing tariff principles for specific numbers or number ranges, as well as establishing a single European front-up call number ensuring user-friendly access to these services. The implementing measures may grant the Authority specific responsibilities in the application of those measures.
Amendment 6 #
2001/2038(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas some incinerators suffer from the lack of appropriate infrastructure for separation and treatment of waste; whereas there do not appear to be clear limits to the kind of waste incinerated and concerns remain over the fate of toxic ashes resulting from the incineration;
Amendment 8 #
2001/2038(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas in some regions, i.e. Campania, Italy, the progress in waste reduction and recycling of household waste has been minimal and household and other waste has continued to be brought to landfills indiscriminately in some cases apparently mixed with different types of industrial waste;
Amendment 16 #
2001/2038(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas according to the Aarhus Convention citizens have the right to be informed of the situation in their own territory and it is the duty of the authorities to provide information and to motivate citizen to develop a responsible attitude and behaviour; whereas in accordance with Directive 2003/35/EC, Member States shall ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of the plans or programmes required to be drawn up;
Amendment 36 #
2001/2038(INI)
Motion for a resolution
Recital AW a (new)
Recital AW a (new)
AWa. whereas the world population is growing and therefore the total consumption is expected to increase significantly, which puts more pressure on waste management; whereas the solutions to this problem would require, among other things, an increased awareness and the implementation of the waste hierarchy principle;
Amendment 40 #
2001/2038(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. UTaking into consideration that waste and pollution form a serious threat to human health and the integrity of the environment, urges Member States to speed up the introduction of an advanced waste management strategy in accordance with the WFD;
Amendment 51 #
2001/2038(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the waste cycle hierarchy is a key element in Directive 2008/98/EC and, pursuant to the directive, should constitute the basis for all waste management; notes that also economic arguments speak in favour of following the waste hierarchy and focus first on prevention, then on reuse and recycling before incineration for energy and that wasteful and unsustainable landfills should be avoided as far as possible;
Amendment 56 #
2001/2038(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages early and effective dialogue between responsible local and regional authorities and local citizens in the planning stages before decisions are taken on the construction of waste treatment installations, while understanding that the NIMBY (not in my back yard) attitude is a big challenge in this respect;
Amendment 59 #
2001/2038(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Urges the Commission to support and reinforce the network of the public- private partnership for projects of the awareness campaigns. Calls to support the campaign "clean up the world" to which over 400 MEPs have signed a written declaration supporting the event, which is expected to count on the support of millions of volunteers next year;
Amendment 61 #
2001/2038(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Considers that more emphasis must be placed on recovery of organic waste especially in broadly agricultural regions, an element which seems to have received little attention so far;
Amendment 64 #
2001/2038(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes that urgent attention is needed as regards the open and illegal dumping of mixed and unidentified waste and calls for the enforcement of strict management controls; reminds the competent authorities that in full conformity with the IPPC Directive (2008/1, revised by Directive 2010/75), they must establish strict control over the handling of specific types of industrial waste, regardless of its origin; and calls on the Commission to do its utmost within its competencies to monitor that the competent authorities effectively ensure that waste is properly collected, separated and treated, for instance through systematic inspections, and that a credible plan is presented by regional authorities;
Amendment 87 #
0249/2007(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Authority should assist the Commission by undertaking an annual review of the measures taken the Member States informing theknowledge of citizens aboutof the existence and use of the single European emergency call number "112”. The Authority's annual review would identify best practices and remaining bottlenecks and would contribute to improve the level of protection and security of citizens travelling in the European Union.
Amendment 92 #
0249/2007(COD)
Proposal for a regulation
Article 3 – point i a (new)
Article 3 – point i a (new)
(ia) assist the Member States and the national regulatory authorities in matters pertaining to the interoperability of telecommunication systems used by emergency services, especially during major emergencies and disasters, and to the establishment of the communication system for warning and alerting citizens provided for in Article 26a of Directive 2002/22/EC.
Amendment 96 #
0249/2007(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point h a (new)
Article 4 – paragraph 3 – point h a (new)
(ha) effective implementation of interoperable telecommunication systems for emergency services as well as the communication system for warning and alerting citizens provided for in Article 26a of Directive 2002/22/EC;
Amendment 100 #
0249/2007(COD)
Proposal for a regulation
Article 9 – title and paragraph 1
Article 9 – title and paragraph 1
Amendment 101 #
0249/2007(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Authority shall at the request of the Commission, deliver an opinions to the Commission on the technical issues related to the implementation of: (a) the European emergency call number 112 in accordance with Article 26 of Directive 2002/22/EC; (Universal Service Directive)b) interoperability issues concerning telecommunication systems for emergency services; (c) the EU-wide communication system for warning and alerting citizens provided for in Article 26a of Directive 2002/22/EC.