214 Amendments of Vicente Miguel GARCÉS RAMÓN
Amendment 212 #
2013/2152(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Recalls its resolutions of 25 November 2010 on the situation in Western Sahara and its previous Annual Report 2010 and 2011; condemns the on- going repression of Sahrawi people in the occupied territories and expresses its concern at the deterioration of human rights situation, as reported by, among others, the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; calls for the fundamental rights of the people of Western Sahara, including freedom of association, freedom of expression and the right to demonstrate, to be respected; demands the release of all Sahrawi political prisoners; demands the opening of the territory to independent observers, NGOs, and the media; reiterates its support for the establishment of an international mechanism to monitor human rights in Western Sahara; supports a fair and lasting settlement of the conflict, on the basis of the right to self-determination of the Sahrawi people, in accordance with the relevant United Nations resolutions;
Amendment 5 #
2013/2013(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in 2012 the Committee on Petitions registered 1 984 petitions, mostly referring to the themes of fundamental rights, the environment, and the internal market; whereas there is a cause-and- effect relationship between the worsening of the economic and social crisis in which the EU is mired and the increasing number of petitions from citizens;
Amendment 10 #
2013/2013(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, in the field of fundamental rights, the Committee devoted much attention in 2012 to the rights of persons with disabilities, the rights of children, consumer rights, property rights, the rights of free movement without discrimination on any grounds, protecting freedom of expression and privacy, and the right of access to documents and information as well as the rights to freedom of political association and to join a trade union;
Amendment 16 #
2013/2013(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, in relation to the protection of the environment, the threat posed by pollution and environmental malpractice can never be overstated, due to the ensuing risks to biodiversity and ecosystems, as well as public health risks, all of which are long-lasting and often life-threatening; whereas due account should be taken of the aims of combating pollution and climate change; whereas in 2012 the Committee devoted much attention to the implementation of legislation on waste and water, as well as to the assessment of the impact of projects and activities on the environment and on public health, such as shale gas extraction projects;
Amendment 18 #
2013/2013(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas we must conserve our natural resources with a view to safeguarding the earth’s future; whereas the principle of precaution must be applied in respect of technological innovations such as GMOs and nanotechnology;
Amendment 27 #
2013/2013(INI)
Motion for a resolution
Recital H
Recital H
H. whereas 2013 has been designated the European Year of Citizens, and it is precisely the citizens and residents of the EU, individually or in association with others, who are best placed to both assess the effectiveness of European legislation as it is applied, and to signal possible loopholes which impair the proper implementation of legislation and the full exercise of rights; whereas due account should be taken of the contents of the ‘European Consumer Agenda to boost confidence and growth’;
Amendment 32 #
2013/2013(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, for that reason, the Committee on Petitions devoted a great amount of time and effort in 2012 to discussing the meaning of citizenship, which is closely associated with the freedom of movement in the EU; whereas petitions give evidence that Union citizens still face widespread and tangible obstacles to exercising their cross-border rights, a situation which has a direct and daily impact on the lives and welfare of thousands of households; whereas the accessibility of public sector bodies' websites still cannot be guaranteed;
Amendment 34 #
2013/2013(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the petitions process can, and should, remain complementary to other mechanisms of redress available to citizens, such as lodging complaints with the European Commission or the European Ombudsman; whereas SOLVIT, in particular, is an important tool which may be used by EU citizens in order to find speedy solutions to problems caused by the misapplication of internal market law by public authorities; whereas progress must therefore be made in jointly resolving legal cases brought by consumers and their associations; whereas the single web portal ‘Exercise your rights’ contains important information for citizens who wish to lodge complaints on the rightful application of EU law;
Amendment 38 #
2013/2013(INI)
Motion for a resolution
Recital K
Recital K
K. whereas a new instrument for a participatory democracy, the ‘European Citizens’ Initiative’, entered into force on 1 April 2012 and registered a total of sixteen (16) initiatives during the course of the year; whereas the Committee on Petitions will play a primordial role in the organisation of the public hearings for successful initiatives; whereas due account should be taken of European Citizens’ Initiative (2012) 000003: Water and sanitation are a human right! Water is a public good, not a commodity!;
Amendment 44 #
2013/2013(INI)
Motion for a resolution
Recital M
Recital M
M. whereas it remains evident that there is both a lack of clearly structured and widely publicised information and a lack of awareness amongst EU citizens about their rights; whereas these constitute decisive obstacles to exercising active EU citizenship; whereas citizens are as good as powerless in the face of the opaque and/or speculative practices of the financial system;
Amendment 47 #
2013/2013(INI)
Motion for a resolution
Recital N
Recital N
N. whereas European citizens and residents are legitimately entitled to expect that the issues they raise with the Committee on Petitions may find a solution without undue delay within the legal framework of the European Union, and in particular that the Members of the Committee will defend the petitioner’s natural environment, health, freedom of movement, dignity and fundamental rights and freedoms; whereas several petitions have been submitted by victims of the Franco regime and concerning abducted children in Spain;
Amendment 55 #
2013/2013(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note that petitions received in 2012 from European Union citizens and residents focused on alleged breaches of EU law in the fields of fundamental rights, the environment, the internal market and property rights, which are directly affected by the deepening economic and social crisis in some EU countries; considers that petitions give evidence that there are still frequent and widespread instances of incomplete transposition or of misapplication of EU law; takes the view therefore that, ultimately, the European Union’s body of law does not fully deliver the expected results;
Amendment 62 #
2013/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that fundamental rights remain a key subject of the petitions submitted, notably raising issues related to the rights of persons with disabilities, children’s rights, property rights, the right of free of movement without discrimination on any grounds, the protection of freedom of expression and privacy, freedom of association, and the right of access to documents and informationincluding the rights to freedom of political association and to join a trade union, and the right of access to documents and information, the right to historical memory and the rights of the families of the victims of Nazism, fascism and Francoism to truth, justice and redress, as well as the right of Spain’s abducted children to know the identity of their biological parents; calls on Member States to respect those rights as set out in the Treaty and calls on the European Commission to take the necessary measures to oblige non-compliant Member States to close the gap between national laws and the fundamental rights of EU citizens; invites, furthermore, the Commission to take the necessary steps to implement the ‘European Consumer Agenda to boost confidence and growth’ immediately and correctly;
Amendment 79 #
2013/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that the environment remains another key subject of petitions, giving evidence that public authorities repeatedly fail to ensure the preservation of biodiversity, natural resources and ecosystems, and that the highest standards of public health are guaranteed; points, in particular, to the numerous petitions submitted on waste management, on water, and on the assessment of the impact of projects and activities on the environment and on public health; urges the Commission to strengthen the environmental legislative framework, such as shale gas extraction by means of fracking; urges the Commission to strengthen the legislative framework on the environment and combating climate change and, specifically, its correct implementation; regrets that some Member States, despite their efforts, have not been able to find sustainable solutions for problems related to waste management;
Amendment 82 #
2013/2013(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Commission to take action to ensure that the Member States understand that water is a public good; takes the view that the precautionary principle must be stringently applied in respect of the use of biotechnology and nanotechnology in products that could seriously affect the health of consumers;
Amendment 87 #
2013/2013(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Commission to take action to facilitate consumer access to ICT, ensuring that the requisite security and transparency guarantees are in place, and in particular to make sure that the websites of public sector bodies are accessible;
Amendment 89 #
2013/2013(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses the importance of the creation of the experience gained by the Spanish Coastal Law Working Group, which could pave the way for other such initiatives, and which has been closely studying related petitions and the modification of the law; reiterates the importance of direct contact with the Spanish national authorities in this respectcases such as this and welcomes further cooperation to find a betterwith a view to finding a balance between property rights, its social function and the protection of the environment;
Amendment 98 #
2013/2013(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes the view that better governance and more efficient redress mechanisms are directly linked with transparency and access to information; takes the view that action needs to be taken to empower citizens to deal with the opaque and/or speculative practices of the financial system;
Amendment 114 #
2013/2013(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note, in particular, of the important contribution of the SOLVIT network in uncovering and solving issues related to the implementation of internal market legislation; encourages the enhancement of this EU tool by ensuring that Member States provide adequate staffing to the SOLVIT National Centres; adds that collective action is needed to resolve disputes brought by consumers and their associations;
Amendment 127 #
2013/2013(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers the organisation of public hearings a useful way of studying issues raised by petitioners in depth; wishes to bring attention, for instance, to the public hearing held on the exploration and exploitation of unconventional energy sources, which took note of the concerns raised in this respect by EU citizens through their petitions; notes that, as long as EU legislation is fully observed, decisions are ultimately the prerogative of the Member States; adds that, similarly, the public hearing on the impact of GMOs in food on public health remains on hold;
Amendment 93 #
2013/0048(COD)
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
(42b) This Regulation should comply with the precautionary principle in order to ensure a high level of human health, consumer and environmental protection.
Amendment 128 #
2013/0048(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Market surveillance shall be organised and carried out in accordance with this Regulation with a view to ensuring that products presenting a risk and, more generally, products that are not compliant with the applicable Union legislation, are not made available on the Union market and, where such products have been made available, effective measures are taken to remove the risk presented by the product and to put an end to its non-compliance.
Amendment 147 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. Market surveillance authorities shall perform appropriate checks on the characteristics of products, irrespective of the distribution channels and selling techniques, on an adequate scale and with adequate frequency, by means of a documentary check and, where necessary, a physical and laboratory check on the basis of an adequate sample. They shall record these checks in the information and communication system for market surveillance referred to in Article 21.
Amendment 162 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 3 c (new)
Article 6 – paragraph 3 c (new)
3c. Market surveillance authorities shall act taking due account of the seriousness of the risk and of the precautionary principle.
Amendment 165 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where it is necessary and justified for carrying out their duties, market surveillance authorities may enter the premises of economic operators, carry out appropriate documentary checks, make copies of relevant documents and take any necessary samples of products.
Amendment 209 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
1. Where, in the course of carrying out the checks referred to in Article 6(1) or as a result of information received, market surveillance authorities have sufficient reason to believe that a product that is placed or made available on the market or is used in the course of the provision of a service may present a risk, they shall carry out a risk assessment in relation to that product taking account of the considerations and criteria set out in Article 13 of this Regulation and in Article 6 of the Regulation on Consumer Product Safety.
Amendment 212 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
Market surveillance authorities shall take due consideration of any readily available and comprehensible test result and risk assessment that has already been carried out or issued in relation to the product by an economic operator or any other person or authority including the authorities of other Member States.
Amendment 240 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point b – point iii
Article 9 – paragraph 4 – point b – point iii
(iii) alerting the persons at risk to the risk, in good timemmediately and in an appropriate form, including by publication of special warnings;
Amendment 242 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point d – point i
Article 9 – paragraph 4 – point d – point i
(i) preventing immediately the product from being placed or made available on the market;
Amendment 260 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. MIn the case of products found to present a risk, market surveillance authorities shall publish information about product identification, the nature of a risk and the measures taken to prevent, reduce or eliminate that risk on a dedicated website to the fullest extent necessary to protect the interests of users of products in the Union. This information shall not be published where it is imperative to observe confidentiality in order to protect commercial secrets, preserve personal data pursuant to national and Union legislation or avoid undermining monitoring and investigation activities.
Amendment 268 #
2013/0048(COD)
Proposal for a regulation
Article 11 – paragraph 3 b (new)
Article 11 – paragraph 3 b (new)
3b. If an objection is raised in accordance with paragraph 1 by the Commission or a Member State, the Commission shall inform all the Member States through the RAPEX contact points.
Amendment 290 #
2013/0048(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Compliance with the criteria referred to in points (a), (b) and (c) of paragraph 2 shall raise a presumption that the product adequately safeguards the public interests to which those criteria relate. However, this shall not prevent market surveillance authorities from taking action under this Regulation where there is new evidence that, despite such conformity or compliance, the product presents a risk.
Amendment 106 #
2013/0027(COD)
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
having regard to the European Parliament resolution of 12 September 2013 on a Cybersecurity Strategy of the European Union: An Open, Safe and Secure Cyberspace’,
Amendment 107 #
2013/0027(COD)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) In today’s world, information and communication technologies (ICTs) should address the needs of society, including the needs of persons at risk of social exclusion. All ICT users should be able to depend on minimum standards guaranteeing ICT reliability, security, transparency, simplicity, interoperability and risk reduction.
Amendment 111 #
2013/0027(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) NIS in the EU should provide a secure and reliable digital environment, ensure net neutrality and guarantee the universal right to access technologies and all related services. Cybersecurity should be regulated in such a way that no discretionality can be applied.
Amendment 112 #
2013/0027(COD)
Proposal for a directive
Recital 5
Recital 5
(5) To cover all relevant incidents and risks, this Directive should apply to all network and information systems. The obligations on public administrations and market operators should however not apply to undertakings providing public communication networks or publicly available electronic communication services within the meaning of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), which are subject to the specific security and integrity requirements laid down in Article 13a of that Directive nor should they apply to trust service providers.
Amendment 113 #
2013/0027(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Several Member States are yet to publish their national cybersecurity strategies, and are still to draw up their contingency plans for cyber incidents. At the same time, some Member States have not established a computer emergency and response team (CERT) or ratified the Council of Europe’s Convention on Cybercrime.
Amendment 114 #
2013/0027(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The existing capabilities are not sufficient enough to ensure a high level of NIS within the Union. Member States have very different levels of preparedness leading to fragmented approaches across the Union. This leads to an unequal level of protection of consumers and businesses, and undermines the overall level of NIS within the Union. Lack of common minimum requirements on public administrations and market operators in turn makes it impossible to set up a global and effective mechanism for cooperation at Union level. There is a need effectively to spur R&D&i in these areas and provide it with adequate funding. Universities and research centres have a decisive role to play in this regard.
Amendment 119 #
2013/0027(COD)
Proposal for a directive
Recital 14
Recital 14
(14) A secure information-sharing infrastructure should be put in place to allow for the exchange of sensitive and confidential information within the cooperation network. Without prejudice to their obligation to notify incidents and risks of Union dimension to the cooperation network, access to confidential information from other Member States should only be granted to Members States upon demonstration that their technical, financial and human resources and processes, as well as their communication infrastructure, guarantee their effective, efficient and secure participation in the network. This should always be done using transparent methods that prevent any arbitrary conduct between Member States.
Amendment 121 #
2013/0027(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To ensure transparency and properly inform EU citizens and market operators, the competent authorities should set up a common website to publish non confidential information on the incidents and risks on common digital spaces which, in the same way as websites, allow for their consultation on mobile phones and tablets.
Amendment 122 #
2013/0027(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Special consideration should be given, as regards these environments, to the most vulnerable members of society, such as people on the wrong side of the digital divide and minorities with social network exposure. Special efforts should also be made to increase public awareness and education. Member States shall ensure that SMEs are able to further their understanding in the field NIS and bolster their capacities in the field of cybersecurity.
Amendment 125 #
2013/0027(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To avoid imposing a disproportionate financial and administrative burden on small operators and users, the requirements should be proportionate to the risk presented by the network or information system concerned, taking into account the state of the art of such measures. These requirements should not apply to micro enterprises, which should be able to call on a suitable financial support mechanism to enable them to meet the requirements specified.
Amendment 126 #
2013/0027(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Competent authorities should pay due attention to preserving informal and trusted channels of information-sharing between market operators and between the public and the private sectors. Publicity of incidents reported to the competent authorities should duly balance the interest of the public in being informed about threats with possible reputational and commercial damages for the public administrations and market operators reporting incidents. In the implementation of the notification obligations, competent authorities should pay particular attention to the need to maintain information about product vulnerabilities strictly confidential prior to the release of appropriate security fixes. Under no circumstances must the fundamental rights to information and communication inherent to the rule of law be limited or nullified.
Amendment 127 #
2013/0027(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Competent authorities should have the necessary means to perform their duties, including powers to obtain sufficient information from market operators and public administrations in order to assess the level of security of network and information systems as well as reliable and comprehensive data about actual incidents that have had an impact on the operation of network and information systems. The competent authorities should be able to hold liable the suppliers of defective computer programs or hardware or services that lead directly to an NIS incident.
Amendment 135 #
2013/0027(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In the application of this Directive, the Commission should liaise as appropriate with relevant sectoral committees and relevant bodies set up at EU level in particular in the field of energy, transport, health and thealth armed forces.
Amendment 136 #
2013/0027(COD)
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) The combating of cybercrime should be flanked with the combating of international espionage, which undermines the sovereignty of the EU and its Member States. This Directive should protect the public, enterprises, public and private institutions and states and their governments from common crime, organised crime and espionage, including cybercrime.
Amendment 137 #
2013/0027(COD)
Proposal for a directive
Recital 41
Recital 41
(41) This Directive respectsshould in no way limit or nullify the fundamental rights, and should observes the principles, recognised by, the Charter of Fundamental Rights of the European Union and, notably, the right to respect for private life the rights of information and communications, the protection ofor personal data, the freedom to conduct a business, the right to property, the right to an effective remedy before a court and the right to be heard. This Directive must be implemented according to these rights and principles
Amendment 138 #
2013/0027(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down measures to ensure a high common level of network and information security (hereinafter referred to as "NIS") within the Union, providing a secure and reliable digital environment, ensure net neutrality and guarantee the universal right to access technologies and all related services.
Amendment 139 #
2013/0027(COD)
Proposal for a directive
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
c) establishes security requirements for market operators and public administrations which ensure that no discretionality can be applied.
Amendment 141 #
2013/0027(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 153 #
2013/0027(COD)
Proposal for a directive
Article 4
Article 4
Member States shall ensure a high level of security of the network and information systems in their territories in accordance with this Directive. The combating of cybercrime shall be flanked with the combating of international espionage aimed at undermining the sovereignty of the EU and its Member States.
Amendment 154 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
e) Research and development plans and a description of how these plans reflect the identified priorities, and in which universities and research centres shall have a decisive role.
Amendment 155 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
ea) Quality programmes drawn up with the utmost diligence and the measures needed to implement and extend this Directive. All applications must be built using reusable code and, insofar as this is possible, using open source software.
Amendment 158 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d a (new)
Article 5 – paragraph 2 – point d a (new)
da) Publication of an online directory of all the entities meeting the risk management and information requirements under the Directive, in a way that does not limit the right to information of any citizen of any Member State and which requires that a transparency plan be drawn up on NIS management and procedures.
Amendment 160 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 2 – point d b (new)
Article 5 – paragraph 2 – point d b (new)
db) (16a) Special consideration of the most vulnerable members of society, such as people on the wrong side of the digital divide and minorities with social network exposure.
Amendment 163 #
2013/0027(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The competent authorities shall monitor the application of this Directive at national level and contribute to its consistent application throughout the Union. They shall also monitor the application of NIS measures within their spheres of responsibility.
Amendment 169 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
c) publish on a regular basis non- confidential information on on-going early warnings and coordinated response on a common websitedigital spaces which, in the same way as websites, allow for their consultation on mobile phones and tablets;
Amendment 193 #
Amendment 196 #
2013/0027(COD)
Proposal for a directive
Article 13
Article 13
Without prejudice to the possibility for the cooperation network to have informal international cooperation, the Union may conclude international agreements with third countries or international organisations allowing and organizing their participation in some activities of the cooperation network. Such agreement shall take into account the need to ensure adequate protection of the personal data circulating on the cooperation network. Such agreements should also safeguard EU sovereignty and the independence of the EU’s institutions and Member States.
Amendment 208 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The competent authority may inform the public, or require the public administrations and market operators to do so, where it determines that disclosure of the incident is in the public interest. Once a year, the competent authority shall submit a summary report to the cooperation network on the notifications received and the action taken in accordance with this paragraph. That annual report should contain, as a minimum, both the number of alerts issued and a breakdown of these by type. It shall be made available to the public in a compatible format enabling its publication on any open data portal wishing to publish it.
Amendment 226 #
2013/0027(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. The competent authorities shall hold liable the suppliers of defective computer programs or hardware or services that lead directly to an NIS incident.
Amendment 228 #
2013/0027(COD)
Proposal for a directive
Annex 2 – paragraph 1 – point 6 a (new)
Annex 2 – paragraph 1 – point 6 a (new)
6a. Multiplatform messaging services.
Amendment 34 #
2012/2133(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is necessary to boost consumer confidence, their trust in the market and knowledge of their rights, with a special focus on vulnerable consumers, and the disabled in particular;
Amendment 43 #
2012/2133(INI)
Motion for a resolution
Recital E
Recital E
E. whereas e-commerce is very useful for consumers with disabilities and those living in rural and remote areas; whereas measures should be adopted to prevent the digital divide and establish the information society at all levels of society;
Amendment 53 #
2012/2133(INI)
Motion for a resolution
Recital F
Recital F
F. whereas fragmentation of the digital single market jeopardizes the rights of consumers, given the absence of common rules; whereas mostsome web sites are not suitable for cross-border shoppconsumers and consumers and a legislative initiative is required to establish a comprehensive plan for redress, including mechanisms such as Alternative Disputmechanisms already provided for, such as Alternative Dispute Resolution (ADR), the system of online dispute resolution (ODR) and collective redress, need to facilitate access to the right to an effective remedy as recognised in the Charter of Fundamental Rights; whereas appropriate mechanisms for bringing effective collective actions need to be Resolution (ADR), a system of online dispute resolution (ODR) and collective redrestablished, based on a European approach, and measures considered that are grounded in Europe’s legal culture and traditions, facilitating access to justice for entities qualified by law and for victims’ groups;
Amendment 58 #
2012/2133(INI)
Motion for a resolution
Recital G
Recital G
G. whereas consumers are dissatisfied with financial services due to the bad advice they receive and ignorance of their rights; whereas there is a need for arbiters who are independent of companies and, in the case of financial institutions, for (national / European) Central Bank inspectors that act as arbiters, and who may be challenged by consumers in the event of lack of objectivity or impartiality;
Amendment 65 #
2012/2133(INI)
Motion for a resolution
Recital I
Recital I
I. whereas as the internal market has to offer a range of high quality products and services at competitive prices, encouraging sustainable consumption for sustainable development, the Commission should address and study new forms of consumption, which may affect the market's operation, such as collaborative consumption;
Amendment 70 #
2012/2133(INI)
Motion for a resolution
Recital J
Recital J
J. whereas flexible measures need to be taken to protect consumers in the outermost regions, sparsely populated regions, and island and mountain regions, reinforcing social and territorial cohesion;
Amendment 72 #
2012/2133(INI)
Motion for a resolution
Recital K
Recital K
K. whereas there is a need to strengthen the role of consumer associations in all areas by adopting the necessary legal and economic measures; whereas consumer associations play an irreplaceable role in guaranteeing confidence and the development of the single European market and should, for this reason, receive the support of all official authorities to ensure they participate in services of general interest in particular;
Amendment 77 #
2012/2133(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the four main objectives set out in the Commission’s Communication on a new agenda for European consumer policy are: 1) reinforcing consumer safety, 2) enhancing knowledge, 3) stepping up enforcement and securing redress and 4) aligning rights and key policies to changes in society and in the economy;
Amendment 80 #
2012/2133(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the proposals to be drawn up need to be consistent with the four major objectives set;
Amendment 89 #
2012/2133(INI)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Calls for consumers to be able to exercise their rights simply and effectively in basic areas relating to food, health, energy, transport, financial and digital services, pharmaceuticals and medical devices;
Amendment 91 #
2012/2133(INI)
Motion for a resolution
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Welcomes the Commission communication, in particular its holistic approach and ultimate aim of boosting European consumer safety and rights, by strengthening consumer associations;
Amendment 97 #
2012/2133(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for consumers to be able to benefit safely from advances in science and technology and to have access to information, impartial advice and the tools required for fair and effective redress, in particular through harmonised European regulation of collective actions as a way of accessing effective legal protection;
Amendment 106 #
2012/2133(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that EU policies need to promote cooperation between consumer associations and public institutions in all fields, providing easy access to the financial resources required; notes that a register of European associations should be set up to assist the formation of European associations;, similar to that which already exists in Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (Codified version)1; points out that the minimum common rights of consumer organisations should first be harmonised, with particular emphasis being placed on the right to be consulted and heard through a representative; ________________________ 1 OJ L 110, 1.5.2009, p. 30/36
Amendment 117 #
2012/2133(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that educating consumers reduces their risks vis-à-vis dangerous products, speculative financial products and misleading advertising, and that such; takes the view that financial education and empowerment of consumers needs to be ongoing, from school onwards, and must involve the various stakeholders (consumer and worker representatives, etc.);
Amendment 132 #
2012/2133(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to establish updated and standard rules that facilitate product safety, establishpromoting control at source for products from third countries; hopes, at all events, that the proposal amending Directive 2001/95/EC on general product safety will guarantee a high level of safety of consumer products;
Amendment 138 #
2012/2133(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that consumer confidence is essential for both national and cross-border e-commerce; emphasises that Internet commerce needs to ensure the quality of products, avoid criminal or unfair practices and comply with the protection of personal data, guaranteeing that, where appropriate, the granting of consent is unequivocal and explicit;
Amendment 147 #
2012/2133(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that market information must be reliable, clear and comparable, and that binding commercial guarantees need to be adopted that ensure the administration of justice in cases where intermediaries become insolvent; emphasises the need to prosecute unfair commercial practices and unfair contract terms or mass market manipulation such as occurred in the Libor and/or Euribor markets; highlights the need to protect consumers ‘trapped’ by a financial product, and those with mortgages who, for reasons not attributable to the consumer, are at risk of being evicted from their homes; draws the Commission's attention to the need to harmonise the rules on excessive household debt at European level, in order to mitigate situations that may lead to social exclusion;
Amendment 158 #
2012/2133(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that the social, environmental and ethical dimensions need to be incorporated, in a transparent manner, at all stages of product development and implementation, paying particular attention to protecting the privacy of people affected by the implementation of new technologies;
Amendment 164 #
2012/2133(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Highlights the need to provide better protection of the rights of vulnerable consumer groups such as children and, the elderly and people with disabilities, particularly with regard to transport; to this end, expects an improvement in protection for air passengers and hopes that the review of Regulation 261/2004 on air passenger rights will also make provision for protecting consumers against airline insolvency, as well as codifying all the case-law of the Court of Justice;
Amendment 176 #
2012/2133(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the current financial and economic crisis is weakening the position of consumers in the markets, making them more and more vulnerable, and that increasing job insecurity, unemployment rates and the loss of purchasing power are widening inequalities within each country and between countries with negative effects on consumer profiles; emphasises the need to facilitate the right of access to a basic payment account and to ban financial products that are complex and risky for the average consumer; takes the view that, given the scant degree of implementation of the Recommendation of 18 July 2011 on access to a basic payment account, the Commission should submit a proposal for a directive under which access to a basic payment account is considered a service of general interest, in order to avoid financial exclusion;
Amendment 181 #
2012/2133(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights the need for close cooperation between European, national and local authorities and consumer associations to establish consultation mechanisms, participation between the parties and material aid for consumer organisations in order to implement the measures planned in the Agenda;
Amendment 188 #
2012/2133(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Asks the Commission to make the RAPEX (Rapid Alert System for Non- Food Products) reporting system more transparent and effective; emphasises the need to develop the European Consumer Centres (ECC) and Consumer Protection Cooperation (CPC) networks; takes the view that the Commission should consider setting up a RAPEX-type system for services;
Amendment 195 #
2012/2133(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that redressexisting mechanisms, such as alternative dispute resolution (ADR), collectivonline dispute resolution or onlinand collective dispute resolution instruments, must be fast, accessible and effective; stresses that ADR procedures should be resolved within a maximum of 90 days, and that unemployed consumers should, either individually or through a consumer association, have access to free income- based legal aid for court proceedings; considers that the Commission should submit a proposal for the revision of Council Directive 2002/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes, making provision for granting the right to free legal aid to consumer associations;
Amendment 210 #
2012/2133(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Draws attention to the fact the next Multiannual Financial Framework for 2014 -2020 will have to incorporatesupport the objectives of the Consumer Agenda and provide it with proper funding, chiefly through the 2014-2020 Consumer Programme;
Amendment 10 #
2012/2092(BUD)
Draft opinion
Paragraph - 1 (new)
Paragraph - 1 (new)
-1. The EU's general budget for the financial year 2013 relating to the internal market must be rational and effective, helping to ensure that austerity policies are accompanied by growth policies that will enable the European social area to develop and become stronger;
Amendment 11 #
2012/2092(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that as a consequence of the current economic crisis and the budgetary cuts made by most Member States, the EU should see to it that it only includes in its budget commitments and payments which are essential for the realisation of its objectivesThe current economic circumstances facing the whole of the EU mean that every effort must be made to ensure that spending chapters in the EU's general budget for the financial year 2013 relating to the development of the internal market match the objectives as closely as possible and are managed as efficiently as possible;
Amendment 12 #
2012/2092(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Items of expenditure in the EU's general budget for the financial year 2013 should have sufficient appropriations to make it possible to develop and strengthen the internal market in line with the following priorities: - consumer protection, particularly as regards the settlement of consumer- related disputes and protection in the field of financial services; - mobility for young people, students, researchers, professionals and cultural creators; training incentives; - portability of pensions and social security entitlements; - quality public services; - right to a basic payment account; - access to the internet and electronic commerce; - transparency on the financial markets.
Amendment 13 #
2012/2092(BUD)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. The EU's general budget for the financial year 2013 should contain sufficient mechanisms to ensure that the tax on financial transactions can be implemented effectively and that it can thus be integrated into the revenue side of the EU's general budget;
Amendment 14 #
2012/2092(BUD)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 285 #
2012/2050(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Recalls the European Parliament resolution of 25 November 2010 on the situation in Western Sahara; urges Morocco and the Polisario Front to continue negotiation for a peaceful and long-lasting solution of the Western Sahara conflict and reiterates the rights of the Sahrawi people to self determination which should be decided through a democratic referendum, in accordance with the relevant United Nations resolutions; condemns the ongoing violation of the human rights of the Sahrawi people; calls for the release of the Sahrawi political prisoners; welcomes the statements by 11 countries during the 13 th session of the Universal Periodic Review of the United Nations raising concerns on the situation in Western Sahara;
Amendment 57 #
2012/0340(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Web-accessibility refers to principles and techniques to be observed when constructing websites in order to render the content of these websites accessible to all users, in particular people with functional limitations, including persons with disabilities. The content of websites includes textual as well as non-textual information, and also the downloading of forms and two-way interaction, e.g. the processing of digital forms, authentication, and transactions like case handling and payments. The provisions of this Directive must be applicable not only to the service itself but also to the entire website on which the service is being provided. Smartphone and tablet apps offering services provided on public bodies’ websites must be explicitly covered by this Directive.
Amendment 62 #
2012/0340(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Commission's eGovernment Action Plan 2011-2015 calls for action to develop eGovernment services that ensure inclusiveness and accessibility. Furthermore, with the Riga Declaration of 2006, the Member States pledged to improve the accessibility of public sector bodies’ websites.
Amendment 69 #
2012/0340(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The fast growing web-accessibility market comprises a range of economic operators such as those developing websites or software tools to create, manage and test web pages, developing user agents such as web browsers and related assistive technologies, implementing certification services and, training providers and integrated social media feeds on websites.
Amendment 78 #
2012/0340(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) It is essential that all parties concerned can continue to have unfettered access, free of charge, to the relevant standards and that the responsibility for the application and subsequent development of those standards does not lie exclusively with standards bodies and businesses.
Amendment 80 #
2012/0340(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The Directive should aim at ensuring that certain types of public sector bodies' websites that are essential to the public are made accessible according to common requirements. Such types were identified in the 2001 E-government benchmarking exercise and have been used as a basis for the list in the Annex. The deadlines for complying with the requirements laid down in this Directive must be staggered so that its scope can be widened to include all public body websites providing services directly to the public.
Amendment 84 #
2012/0340(COD)
Proposal for a directive
Recital 23
Recital 23
(23) In the absence of such a European standard, presumption of conformity with the web-accessibility requirements should be provided for the websites concerned which meet those parts of the international standard ISO/IEC 40500:2012 covering the Success Criteria and Conformance Requirements for Level AA conformance. The international standard ISO/IEC 40500:2012 is exactly the same as the original Web Content Accessibility Guidelines 2.0. The Success Criteria and Requirements for Level AA conformance specified for web pages in the version 2.0 of the Web Content Accessibility Guidelines (WCAG 2.0) from the W3C are broadly recognised by stakeholders both internationally and at European level, to provide the basis for adequate web- accessibility specifications. This has been underlined in the Council Conclusions on Accessible Information Society. Ensuring that the WCAG 2.0 are technologically neutral will help keep this Directive relevant in the future.
Amendment 90 #
2012/0340(COD)
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) The methodology used to monitor the compliance of the websites concerned with the requirements for web- accessibility on a continuous basis should be issued not later than one year after the adoption of this Directive.
Amendment 95 #
2012/0340(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Since the objective of this Directive, namely, the establishment of a harmonised market for the accessibility of public sector bodies' websites, cannot be sufficiently achieved by the Member States, because it requires the harmonisation of different rules currently existing in their respective legal systems and can, therefore, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. Adopting a harmonised approach to web-accessibility throughout the EU would cut costs for website development companies and therefore also for the public bodies that use their services. In future, access to information and services provided via websites will be increasingly important for the public in exercising their fundamental rights, including access to employment,
Amendment 98 #
2012/0340(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. It lays down the rules according to which Member States shall make accessible the content of websites belonging to public sector bodies, the types of which are specified in the Annex. The list in the Annex shall require constant updating in line with technological progress and the digitalisation of the public sector throughout the EU.
Amendment 105 #
2012/0340(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The provisions of this Directive must be applicable not only to the service itself but also to the entire website on which the service is being provided.
Amendment 108 #
2012/0340(COD)
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. This Directive shall be phased in to apply to all websites belonging to public sector bodies by 31 December 2017.
Amendment 109 #
2012/0340(COD)
Proposal for a directive
Article 1 – paragraph 3 b (new)
Article 1 – paragraph 3 b (new)
3b. Versions of public sector bodies’ websites designed for mobile devices (telephones and tablets) and for functions intended to facilitate mobile access in general shall be explicitly covered by this Directive.
Amendment 132 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall take the necessary measures to ensure that the websites concerned are made accessible free of charge using neutral technology
Amendment 143 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. In keeping with Article 2 of the United Nations Convention on the Rights of Persons with Disabilities, ‘universal design’ means the design of products, environments, programmes and services to be usable by all people, to the greatest possible extent, without the need for adaptation or specialised design. Universal design shall not exclude assistive devices for particular groups of persons with disabilities where this is needed.
Amendment 144 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3b. Information on accessibility and all other information provided to consumers shall be set out in accessible formats, taking their preferences fully into account.
Amendment 145 #
2012/0340(COD)
Proposal for a directive
Article 3 – paragraph 3 c (new)
Article 3 – paragraph 3 c (new)
3c. Within the limits of their respective activities, website owners shall provide consumers with relevant information so that they can assess the degree of website accessibility.
Amendment 146 #
2012/0340(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 150 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall take measures to facilitate the application of the web- accessibility requirements as defined in Article 3 to all public sector bodies' websites beyond those concerned, in particular, to public sector bodies' websites covered by existing national laws or relevant measures on web-accessibility. The Member States shall introduce a legal requirement to ensure that public bodies developing websites and other interested parties are made aware of web- accessibility. Furthermore, it shall be mandatory for the Member States to offer training schemes for the staff of public bodies, with a view to improving the practical application of web-accessibility requirements.
Amendment 162 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The Commission shall make proposals to the EU institutions with a view to amending legislation so that it complies with the requirements of this Directive.
Amendment 163 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. In each Member State, a public body shall be established that is responsible for applying the law. That body shall become an accessibility resource centre to help public authorities ensure that their websites are accessible, enabling the most representative organisations for disabled people and their families to participate.
Amendment 164 #
2012/0340(COD)
Proposal for a directive
Article 6 – paragraph 4 c (new)
Article 6 – paragraph 4 c (new)
4c. The social partners shall participate in the development and application of the above training and awareness-raising schemes.
Amendment 174 #
2012/0340(COD)
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. The Commission shall establish a working group consisting of representatives of the Commission and representatives appointed by the Member States to meet annually in order to discuss about the results of the monitoring and exchange best practices regarding the implementation of this Directive. This working group shall actively involve relevant stakeholders, including persons with disabilities and their representative organisations.
Amendment 179 #
2012/0340(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The Commission establishes, by way of implementing acts, the methodology for the monitoring of the conformity of the websites concerned with the requirements for web-accessibility as set out in Article 3. That methodology shall be transparent, transferable, comparable and reproducible and it shall be established in close consultation with relevant industry and civil society stakeholders, including, in particular, representative organisations of persons with disabilities. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(3). The methodology will be published in the Official Journal of the European Union no later than a year after the adoption of this Directive.
Amendment 185 #
2012/0340(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. The Member States shall make public, in an easily accessible manner, the list of public body websites that are not accessible.
Amendment 187 #
2012/0340(COD)
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. Disabled persons and organisations representing them shall be involved in any fresh action taken to lay down web accessibility requirements as referred to in Article 3(1).
Amendment 190 #
2012/0340(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June1 December 20145 at the latest. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Amendment 191 #
2012/0340(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Member States shall apply the measures referred to in Article 3(1) in accordance with their administrative, institutional and legal framework to all websites: (a) belonging to public sector bodies at national level by 31 December 2015; (b) belonging to public sector bodies at regional level or to cities with more than 100 000 inhabitants by 31 December 2016; (c) belonging to public sector bodies at local level with fewer than 100 000 inhabitants by 31 December 2017; (d) operated by entities providing basic services to the public (the types of which are specified in the Annex) by 31 December 2017.
Amendment 206 #
2012/0340(COD)
Proposal for a directive
Annex – point 10
Annex – point 10
(10) Enrolment in higher education or universityPrimary, secondary, higher and adult education
Amendment 212 #
2012/0340(COD)
Proposal for a directive
Annex – point 12
Annex – point 12
(12) Health-related services: interactive advice on the availability of services, online services for patients, appointments.
Amendment 215 #
2012/0340(COD)
Proposal for a directive
Annex – point 12 a (new)
Annex – point 12 a (new)
(12a) Gas, heating, electricity, water services
Amendment 219 #
Amendment 221 #
Amendment 224 #
2012/0340(COD)
Proposal for a directive
Annex – point 12 d (new)
Annex – point 12 d (new)
(12d) Electronic communication network and services
Amendment 227 #
2012/0340(COD)
Proposal for a directive
Annex – point 12 e (new)
Annex – point 12 e (new)
(12e) Basic banking and insurance services (such as basic payment accounts, home contents and building insurance, life insurance and medical insurance)
Amendment 228 #
2012/0340(COD)
Proposal for a directive
Annex – point 12 f (new)
Annex – point 12 f (new)
(12f) Statutory and complementary social security schemes in various forms (mutual or occupational), covering the main risks of life, such as those linked to health, ageing, occupational accidents, unemployment, retirement and disability
Amendment 230 #
Amendment 232 #
2012/0340(COD)
Proposal for a directive
Annex – point 12 h (new)
Annex – point 12 h (new)
(12h) Other essential services provided directly to the public to facilitate social inclusion and safeguard fundamental rights (such as assistance services to people facing personal crises such as debt or unemployment, reintegration or rehabilitation services and social housing services for disadvantaged citizens or socially less advantaged groups)
Amendment 235 #
2012/0340(COD)
Proposal for a directive
Annex – point 12 i (new)
Annex – point 12 i (new)
(12i) Local, regional, national and European elections
Amendment 236 #
Amendment 238 #
2012/0340(COD)
Proposal for a directive
Annex – point 12 k (new)
Annex – point 12 k (new)
(12k) Cultural activities and centres
Amendment 239 #
2012/0340(COD)
Proposal for a directive
Annex – point 12 l (new)
Annex – point 12 l (new)
(12l) Information and tourist information
Amendment 89 #
2011/2317(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Spanish authorities to adopt appropriate measures to avoid the rights of individual owners being adversely affected, considering that the right of property is not within the scope of the EU’s responsibilities and is subject to the principle of subsidiarity enshrined in the Treaties;
Amendment 151 #
2011/0439(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Illicit conduct by participants in a procurement procedure, such as attempts to unduly influence the decision-making process or to enter into agreements with other candidates to manipulate the outcome of the procedure, as well as any activity that fails to comply with labour, environmental, social (particularly regarding the integration of persons with disabilities) and public health standards, can result in violations of the basic principles of Union law and in serious distortions of competition. Economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and be excluded if this declaration proves to be false.
Amendment 204 #
2011/0439(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and in award criteria, contracting entities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life-cycle of a product or service, provided that they are linked to the subject-matter of the contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question, such as, inter alia, those which may concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disability. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services32 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party.
Amendment 215 #
2011/0439(COD)
Proposal for a directive
Recital 51
Recital 51
(51) The laws, regulations and collective agreements, at both national and Union level, that are in force in the areas of employment conditions, integration of persons with disabilities into the labour market and safety at work apply during the performance of a contract, provided that such rules, and their application, comply with Union law. In cross-border situations where workers from one Member State provide services in another Member State for the purpose of performing a contract, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services33 lays down the minimum conditions that must be observed by the host country in respect of such posted workers. Where national law contains provisions to this effect, non- compliance with those obligations may be considered to be grave misconduct on the part of the economic operator concerned, liable to lead to the exclusion of that economic operator from the procedure for the award of a public contract.
Amendment 454 #
2011/0439(COD)
Proposal for a directive
Article 31 – paragraph 1
Article 31 – paragraph 1
Member States may reserve the right to participate in procurement procedures to: (a) sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmemainly promoted by and involving not-for-profit organisations, or provide for such contracts to be performed in the context of sheltered employment programmes, provided that the majority of the workers concerned are disabled persons who, owing to the nature or seriousness of their disabilities, cannot carry out a professional activity under normal conditions or find employment easily in the ordinary market; (b) social enterprises or programmes whose main aim is the social and professional integration of disadvantaged workers, provided that more than 30 % of the employees of those workshops, economic operators or programmes are disabled or disadvantaged workers. The call for competition shall make reference to this provision. In Member States in which circumstances justify it, in that there are a significant number of disabled persons who can work but who are not working, the reservation of contracts described in point (a) above shall be equal to at least the number or percentage of contracts indicated by the contracting bodies or other competent bodies.
Amendment 595 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 4
Article 54 – paragraph 1 – subparagraph 4
For all procurement, the subject of which is intended for use by persons, whether general public or staff of the contracting entity, those technical specifications shall, except in exceptional, duly justified cases, be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users.
Amendment 618 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point c
Article 55 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors, and environmental and social organisations may participate;
Amendment 623 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
Contracting entities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting entities. For products that do not bear the label, contracting entities shall also accept a technical dossier of the manufacturer or other appropriate means of proof. Precedence shall be given to labels, technical dossiers or other means of proof which have been developed, certified or verified with the involvement of governmental bodies, or environmental or social organisations.
Amendment 742 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point d a (new)
Article 76 – paragraph 2 – subparagraph 2 – point d a (new)
(da) characteristics relating to working conditions that aim to protect the health of the workers or favour the social integration of disadvantaged or disabled persons amongst the persons assigned to performing the contract.
Amendment 190 #
2011/0438(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Illicit conduct by participants in a procurement procedure, such as attempts to unduly influence the decision-making process, or to enter into agreements with other candidates to manipulate the outcome of the procedure, or any action in breach of labour, environmental, social (especially with regard to the inclusion of people with disabilities) or public-health rules, can result in violations of the basic principles of Union law and in serious distortions of competition. Economic operators should therefore be required to submit a declaration on honour that they do not engage in such illicit activities and be excluded if this declaration proves to be false.
Amendment 281 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and in award criteria, contracting authorities should be allowed to refer to a specific production process, a specific mode of provision of services, or a specific process for any other stage of the life cycle of a product or service, provided that they are linked to the subject-matter of the public contract. In order to better integrate social considerations in public procurement, procurers may also be allowed to include, in the award criterion of the most economically advantageous tender, characteristics related to the working conditions of the persons directly participating in the process of production or provision in question, such as arrangements intended to protect the health of the staff involved in the production process or foster the social integration of disadvantaged persons or members of vulnerable groups among the staff assigned to performing the contract, including accessibility arrangements for persons with disabilities. Those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract, including accessibility for persons with disabilities. Any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment. They should be applied in accordance with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services22 and in a way that does not discriminate directly or indirectly against economic operators from other Member States or from third countries parties to the Agreement or to Free Trade Agreements to which the Union is party. For service contracts and for contracts involving the design of works, contracting authorities should also be allowed to use as an award criterion the organisation, qualification and experience of the staff assigned to performing the contract in question, as this may affect the quality of contract performance and, as a result, the economic value of the tender.
Amendment 301 #
2011/0438(COD)
Proposal for a directive
Recital 44
Recital 44
(44) The laws, regulations and collective agreements, at both national and Union level, that are in force in the areas of employment conditions, the integration of disabled persons into the workforce and safety at work apply during the performance of a public contract, provided that such rules, and their application, comply with Union law. In cross-border situations, where workers from one Member State provide services in another Member State for the purpose of performing a public contract, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services23 lays down the minimum conditions that must be observed by the host country in respect of such posted workers. Where national law contains provisions to this effect, non-compliance with those obligations may be considered to be grave misconduct on the part of the economic operator concerned, liable to lead to the exclusion of that economic operator from the procedure for the award of a public contract.
Amendment 603 #
2011/0438(COD)
Proposal for a directive
Article 17
Article 17
Member States may reserve the right to participate in public procurement procedures to: (a) sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such contracts to be performed in the context of sheltered employment programmes, provided that more than 30% of the employees of those workshops,whose majority promoters and participants are non- profit-making bodies, or provide for such contracts to be performed in the context of sheltered employment programmes, provided that the majority of the workers concerned are people with disabilities who, owing to the nature or seriousness of their disabilities, cannot carry on occupations under normal conditions or do not easily find work in the ordinary market; (b) social enterprises or programmes whose main aim is the social and professional integration of disadvantaged workers, provided that more than 30% of the employees of those economic operators or programmes are disabled or disadvantaged workers. The call for competition shall make reference to this provision. In Member States where circumstances justify it, because there is a large number of people with disabilities who can work but are not active, the reserved contracts referred to in point (a) above shall be equal to at least the number or percentage of contracts indicated by the contracting bodies or other competent bodies.
Amendment 826 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed four years, savetwo years, and may, where duly justified, reach four years; agreements may run for even longer in exceptional cases which are duly justified, in particular by the subject of the framework agreement.
Amendment 830 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 2 – subparagraph 4
Article 31 – paragraph 2 – subparagraph 4
Contracting authorities shall not use framework agreements improperly or in such a way as to prevent, restrict or distort competition, and must provide a justification for the introduction into the specifications of relevant clauses to ensure that there is clarity regarding their interpretation.
Amendment 836 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 5 – point b
Article 31 – paragraph 5 – point b
(b) contracting authorities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be submitted, taking into account factors such as the complexity of the subject-matter of the contract and the time needed to send in tenders. If tenderers are required to attend site visits before being able to submit a tender, the time limit shall be greater than 15 working days;
Amendment 838 #
2011/0438(COD)
Proposal for a directive
Article 31 – paragraph 5 – point d a (new)
Article 31 – paragraph 5 – point d a (new)
(da) Contracting authorities shall take into account compliance with labour law in procurement procedures for services which involve the substitution of staff and which are in economic sectors deemed labour intensive and to offer low added value; tenders for a price which involves labour costs which are lower than wages set out in collective bargaining agreements or the applicable legal minimum wage shall be considered abnormal and disproportionate.
Amendment 904 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 4
Article 40 – paragraph 1 – subparagraph 4
For all procurement the subject of which is intended for use by persons, whether general public or staff of the contracting authority, those technical specifications shall, except in duly justified exceptional cases, be drawn up so as to take into account accessibility criteria for people with disabilities or design for all users.
Amendment 944 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point c
Article 41 – paragraph 1 – subparagraph 1 – point c
(c) the labels are established in an open and transparent procedure in which all stakeholders, including government bodies, consumers, manufacturers, distributors and environmental and social organisations, may participate,
Amendment 961 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 2
Article 41 – paragraph 1 – subparagraph 2
Contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities. For products that do not bear the label, contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof. Precedence shall be given to labels, technical dossiers or other means of proof which have been developed, certified or verified with the involvement of governmental bodies, or environmental or social organisations.
Amendment 1093 #
2011/0438(COD)
Proposal for a directive
Article 57 – paragraph 1 – point a a (new)
Article 57 – paragraph 1 – point a a (new)
(aa) they comply with the applicable rules concerning the integration of people with disabilities into the workforce in each Member State;
Amendment 1193 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point d a (new)
Article 66 – paragraph 2 – point d a (new)
(da) characteristics pertaining to working conditions that aim to protect the health of the workers or favour the social integration of disadvantaged or disabled persons amongst the persons assigned to performing the contract.
Amendment 582 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point c
Article 15 – paragraph 1 – subparagraph 1 – point c
c) there is no private participation in the controlled legal person , with the exception of forms of non-profit private participations inherent to the controlling awarding authority or to the controlled legal person present in some social enterprises responsible for the execution of a public service task created specifically to fulfil the general interest requirements, which are not industrial and commercial by nature and are governed by the laws in force in Member States.
Amendment 595 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Paragraph 1 also applies where a controlled entity, or entities, which is a contracting authority or contracting entity as referred to in paragraph 1 subparagraph 1 of Article 4 awards a concession to its controlling entity, or to another legal person controlled by the same contracting authority, provided that there is no private participation in the legal person being awarded the public concession, with the exception of forms of non-profit private participations inherent to the controlling awarding authority or to the controlled legal person present in some social enterprises responsible for the execution of a public service task created specifically to fulfil the general interest requirements, which are not industrial and commercial by nature and are governed by the laws in force in Member States.
Amendment 621 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point c
Article 15 – paragraph 3 – subparagraph 1 – point c
c) there is no private participation in the controlled legal person, with the exception of forms of non-profit private participations inherent to the controlling awarding authority or to the controlled legal person present in some social enterprises responsible for the execution of a public service task created specifically to fulfil the general interest requirements, which are not industrial and commercial by nature and are governed by the laws in force in Member States.
Amendment 665 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point e
Article 15 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities or entities involved, with the exception of forms of non-profit private participations inherent to the controlling awarding authority or the controlled legal person present in their capacity as bodies governed by public law under Article 4(1)(1) present in some social enterprises responsible for the execution of a public service task created specifically to fulfil the general interest requirements, which are not industrial and commercial by nature and are governed by the laws in force in Member States.
Amendment 671 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
Article 15 – paragraph 5 – subparagraph 1
Amendment 677 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
The exceptions provided for in this Article shall cease to apply from the moment any private participation takes place, with the effect that ongoing concessionscumulative conditions which are listed are not fulfilled, with the effect that ongoing concessions, concluded after the entry into force of this Directive, need to be opened to competition through regular concession award procedures.
Amendment 494 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d (new)
Article 1 – paragraph 1 – point 22 – point d (new)
(7a) In all cases the minimum competence required of nurses responsible for general care shall be as follows: Decision making Nurses shall have competence to take full responsibility for the diagnosis, planning, administration and evaluation of nursing care and to care for patients, using the knowledge, skills and attitudes acquired and developed during their training, and based on the best scientific evidence and taking into account the nursing code of conduct. Cooperation and team work Nurses shall have competence to work effectively with other parties in the health sector, including monitoring nursing assistants or other healthcare workers, using the knowledge, skills and attitudes acquired and developed during their training, and based on the best scientific evidence and taking into account the nursing code of conduct. Health promotion and guidance Nurses shall have competence to empower individuals, families and groups to adopt healthy lifestyles and self-help, using the knowledge, skills and attitudes acquired and developed during their training, and based on the best scientific evidence and taking into account the nursing code of conduct.
Amendment 548 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point (b)
Article 46 – paragraph 1 – point (b)
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.
Amendment 9 #
2011/0405(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Two main political initiatives have shaped the regional cooperation in the European Union’s Neighbourhood: the Eastern Partnership between the Union and its Eastern neighbours, and the Union for the Mediterranean, along with ARLEM (the Euro-Mediterranean Regional and Local Assembly), between the Union and its Southern Mediterranean neighbours. These initiatives are meaningful political frameworks for deepening relations with and among partner countries, based on principles of shared ownership and responsibility.
Amendment 11 #
2011/0405(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) A number of major developments have taken placepolitical changes have occurred in both the southern and eastern neighbouring countries since the European Neighbourhood Policy was launched and the European Neighbourhood and Partnership Instrument was set up. These include a deepening of the relationship with the partners, the launch of regional initiatives and democratic transition processes in the region. This triggered a new European Neighbourhood Policy vision set out in 2011 as a result of a comprehensive Strategic Review of the Policy. It outlines key objectives for Union cooperation with Neighbourhood countries and provides for greater support to partners committed to building democratic societies and undertaking reforms, in line with the ‘more for more’ and ‘mutual accountability’ principles.
Amendment 13 #
2011/0405(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Furthermore, it is important to foster and facilitate cooperation for the common benefit of the Union and its partners, notably through pooling of contributions from internal and external instruments of the Union budget, in particular for Cross- Border Cooperation, infrastructure projects of Union interest that will pass through Neighbourhood countries and other areas of cooperation, in particular those concerning energy production and transport, and other areas of cooperation such as RDI and knowledge transfer and technology in the field of low carbon technologies and energy efficiency.
Amendment 14 #
2011/0405(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Cross-Border Co-operation will contribute as appropriate to the implementation of existing and future macro-regional strategies. Most notably by prioritising gas, electricity and oil corridors, and natural gas storage infrastructure.
Amendment 15 #
2011/0405(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Support to be provided should also be coherent with the Union's long-term climate and energy goals, and in particular with the Climate and Energy 2050 Roadmaps and the goal of decarbonisation and achieving emissions reductions of 80-95% by 2050.
Amendment 16 #
2011/0405(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The European Neighbourhood Policy should enhance synergies with multilateral projects initiated through the Union for the Mediterranean.
Amendment 17 #
2011/0405(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The Union and its Member States should improve the coherence and the complementarity of their respective policies on cooperation with neighbouring countries, taking also into account the priorities laid down in the Europe 2020 Strategy. To ensure that the Union's cooperation and that of the Member States complement and reinforce each other, it is appropriate to provide for joint programming which should be implemented whenever possible and relevant.
Amendment 22 #
2011/0405(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Fighting climate change is one of the great challenges which the Union faces and urgent international action is needed, e.g. promoting renewable energies. In accordance with the intent stated in the Commission June 2011 MFF Communication of increasing the climate related proportion of the Union budget to at least 20%, this Regulation should contribute to that goal. Initiatives such as the Mediterranean Solar Plan ought to strengthen this aim.
Amendment 25 #
2011/0405(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Union’s relationship with its neighbouring countries should take into account existing economic structures and their industrial fabric, in order to facilitate policies that promote SMEs and job creation.
Amendment 29 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
d) sustainable, equitable and inclusive development in all aspects,, hunger and poverty reduction, including through private-sector development; promotion of internal economic, social and territorial cohesion , rural development, climate action and disaster resilienceombating climate change, disaster resilience and promotion of R&D;
Amendment 37 #
2011/0405(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The achievement of these objectives shall be measured using notably the relevant EU periodic reports on the implementation of the policy, and for paragraphs 2(a), (d) and (e), the relevant indicators established by international organisations and other relevant bodies; for paragraphs 2(b), (c) and (d) the uptake of the EU regulatory framework by the partner countries as relevant; for paragraphs 2(c) and (f), the number of relevant agreements and cooperation actions. The indicators will include, among others, adequately monitored democratic elections, level of corruption, trade flows, indicators enabling measuring internal economic disparities, including employment levelssuch as differences in income and employment levels, access to electricity and other forms of energy, to water and to sanitation.
Amendment 50 #
2011/0358(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The use of pyrotechnic articles and, in particular, the use of fireworks, is subject to markedly divergent cultural customs and traditions in the respective Member States. It is therefore necessary to allow Member States to take national measures to authorise, ban or limit the use or sale of certain categories of fireworks to the general public for reasons of public security or safety.
Amendment 53 #
2011/0358(COD)
Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
ga) fireworks which have been authorised by a Member State for use in accordance with its cultural customs and traditions.
Amendment 54 #
2011/0358(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
2) ‘firework’ means a pyrotechnic article intended for entertainment, artistic or festive purposes;
Amendment 67 #
2011/0358(COD)
Proposal for a directive
Article 47 – paragraph 5
Article 47 – paragraph 5
5. Certificates of conformity issued under Directive 2007/23/EC shall be valid under this Directive until 4 July 2020 unless theyir expire before that day. Extensions to certificates remain permitted.
Amendment 68 #
2011/0358(COD)
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Member States shall adopt and publish by 3 July 2013, at the latest, up to a maximum of 3 years after the adoption of this Directive, the laws, regulations and administrative provisions necessary to comply with Articles 3(8), 3(12), 3(13), 3(15) to (22), 4(1), 5, 8(2) to (7), 11 to 15, 17 to 28, 30 to 34, 36, 37(1), 38 to 41, 46, 47 and Annexes I and II . They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Amendment 69 #
2011/0358(COD)
Proposal for a directive
Article 48 – paragraph 4 a (new)
Article 48 – paragraph 4 a (new)
4a. Member States shall apply the provisions of this Directive one day after the date set out in Article 48(1).
Amendment 651 #
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 capacities for North-South gas flows in Western Europe to furthremove internal bottlenecks and increase short- term deliversify routes of supply and increase short-term gas deliverability. ability, thus making full use of possible alternative external supplies, including from Africa, and optimising the existing liquefied natural gas (LNG) plants and storage facilities.
Amendment 19 #
2011/0261(CNS)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In the context of the FTT, 'principle of redress' should be taken to mean partial redress for the damage caused by the financial sector in the crisis.
Amendment 20 #
2011/0261(CNS)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) The main purpose of the FTT should be to discourage speculative movements, as opposed to movements connected to the productive economy.
Amendment 21 #
2011/0261(CNS)
Proposal for a directive
Recital 2 c (new)
Recital 2 c (new)
(2c) The FTT should incorporate the following principles: the denomination principle: all instruments denominated in euros or in the currency of any EU Member State are subject to the tax; the trading principle: financial transactions deriving from any asset admitted to trading on a Union market are subject to the tax, and the mediation principle: all financial transactions in respect of which a Union resident acts as mediator are subject to the tax.
Amendment 1 #
2008/2248(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the petitions processright to petition the European Parliament by virtue of Article 194 of the EC Treaty provides European citizens and residents with a means of obtaining non-judicial redress for their grievances when these concern issues arising from the fields of activity of the European Union,
Amendment 8 #
2008/2248(INI)
Motion for a resolution
Recital K
Recital K
K. whereas Parliament considers that the obligation to cede legitimately acquired private property without due process and proper compensation and the obligation to pay arbitrary costs for unrequested and often unnecessary infrastructure development constitute a violation of an individual's fthe laws applicable to the regulation of the right of property must conform to the principles laid down in Article 17 of the Charter of Fundamental rRights under the ECHR and in the light of the case-law of the European Court of Human Rights (see, for instance, Aka v. Turkey1), which in essence coincide with the rules set out in Article 33 of the Spanish Constitution, with a view to ensuring maximum possible satisfaction of that fundamental right,
Amendment 15 #
2008/2248(INI)
Motion for a resolution
Recital L
Recital L
L. whereas in the course of the current parliamentary term the Committee on Petitions, acting in response to the very large number of petitions received, has conducted detailed investigations, has reported three times on the extent of the abuse of the legitimate rights of European citizens to their legally acquired property in Spain, and has also detailed its concerns in relation to the undermining of sustainable development, environmental protection, water quality and provision, and procedures concerning public procurement with regard to urbanisation contracts and insufficient control of urbanisation procedures by many local and regional authorities in Spain1, 1 See the above-mentioned resolution of 21 June 2007 and the resolution of 13 December 2005 on the alleged abuse of the Valencian Land Law or Ley Reguladora de la Actividad Urbanística (LRAU – law on development activities) and its effect on European citizens (Petitions 609/2003, 732/2003, 985/2002, 111272002. 107/2004 and others) (OJ C 286 E, 23.11.2006, p.225)., which are currently the subject of legal proceedings both in Spain and before the Court of Justice of the European Communities, Or. es
Amendment 19 #
2008/2248(INI)
Motion for a resolution
Recital M
Recital M
M. whereas there is growing evidence that the judicial authorities in Spain have begun to respond to the challenge resulting from excessive urbanisation in many coastal areas, in particular by investigating and bringing charges to bear against corrupt local officials who, by their actions,potential abuses and unlawful practices that have facilitated unprecedented and unregulated urban developments to the detriment of the rights of Europeacertain citizens, thereby damaging irretrievablyseverely damaging the biodiversity and environmental integrity of many regions of Spain; whereas Parliament has observed, however, that procedures remain outrageously slow and that the sentences handed down in many of these cases are incapable of being enforced in a way which provides any satisfaction to the victims of such abusesome regions of Spain,
Amendment 23 #
2008/2248(INI)
Motion for a resolution
Recital N
Recital N
N. whereas such widespread activity, supported by irresponsible local and regional authorities through inadequate and sometimes unjustified legislation which in many cases runs counter to the objectives of several European legislative actsthe lax application of the urban planning and environmental laws in force in the Spanish autonomous communities to certain urban development operations, as well as the emergence of major cases of corruption stemming from these, hasve been mostpotentially damaging to the image of Spain and to its broader economic and political interests in Europe,
Amendment 26 #
2008/2248(INI)
Motion for a resolution
Recital O
Recital O
O. whereas regional ombudsmen have frequently acted, in very difficult circumstances, to defend the interests of European citizens in cases related to urbanisation abuses, albeit that their efforts have generally not been heeded by regional governmenthough in some autonomous communities, regional governments have on occasion been able to pay no heed to their efforts,
Amendment 28 #
2008/2248(INI)
Motion for a resolution
Recital P
Recital P
P. whereas Article 33 of the Spanish Constitution makes reference todefines the rights of individuals to their property, and whereas no comprehensive interpretation of that article has ever been provided by the as a fundamental right, laying down that: ‘1. The right to private property and to inheritance is recognised. 2. The social function of these rights shall determine their scope, as provided for by law. 3. No person shall be deprived of their property or their rights except for a cause recognised as being in the public interest or in the interest of society and in exchange for fitting compensation as provided for by law’; whereas Article 148.3 of the Spanish Constitution al Court, notably as regards the provision of property for social use as opposed to the rights of individulows the autonomous communities to which such powers have been transferred to assume responsibility for land use planning, town planning and housing (as is the case with the Community of Valencia); whereas some statutes of autonomy allow for the delegation of powers to local councils able to assume these and to ensure due coordination and efficiency in the provision of services (Article 45 of the Statute of the Autonomous Community of Valencia); considering als to their legally acquired homes and dwellings, currently-applicable Law of 16 December 1954 on compulsory purchase, and the subsequent amendments thereto, as well as Royal Legislative Decree No 2/2008 of 20 June 2008 approving the revised text of the Land Law, and considering the vast body of case law of the Spanish Supreme Court and Constitutional Court in respect of the right to private property,
Amendment 32 #
2008/2248(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas the national government in Spain has a duty to apply the EC Treaty and to defend and ensure the full application of European law on its territory, irrespective oftaking into account the internal organisation of the political authoritiesSpanish State as established by the Constitution of the Kingdom of Spain,
Amendment 34 #
2008/2248(INI)
Motion for a resolution
Recital R
Recital R
R. whereas the Commission, acting pursuant to the powers conferred on it by Article 226 of the EC Treaty, has brought proceedings against Spain before the Court of Justice in a case involving the excessive urbanisation abuses which have occurred in Spain which directly concerns the implementation by the Valencian authorities of the Directivein respect of the Ley Urbanística Valenciana before the Court of Justice, on the grounds that it infringes the Community regulations on Ppublic Pprocurement1,
Amendment 40 #
2008/2248(INI)
Motion for a resolution
Recital T
Recital T
T. whereas, however, in manysome documented cases of urbanisation abuse in Spainpoor urban planning practice, the Commission has failed to act sufficiently forcefully, not only as regards enforcement of the precautionary principle of environmental law but also because of its lax interpretation of acts by competent local or regional authorities which have binding legal effect, such as the “provisional approval” of an integrated urban development plan by a local authority,
Amendment 42 #
2008/2248(INI)
Motion for a resolution
Recital V
Recital V
V. whereas successive fact-finding visits by the Committee on Petitions have shownnoted that these objectives are frequently grossly misunderstood by many local and regional authorities (not just in the coastal regions) when proposing or agreeing to extensive urbanisation programmes; whereas most urbanisation plans contested by petitions involve the reclassification ofsome local and regional authorities have continued with extensive urbanisation programmes, sometimes selectively reclassifying rural land into land zoned for urbanisation – to the considerable economic benefit of the urbanisation agent and the developer; and whereas there are also m, without any prior supra-municipal plan or guidelines setting reasonable anyd instances of protected land, or land which should be protected because of its sensitive biodiversity, being de-listed and reclassified, or not being listed at all, precisely to allow for urbanisation of the area concerneddispensible limits on municipal urban growth to provide a guarantee of desirable and balanced sustainable urban and regional development,
Amendment 45 #
2008/2248(INI)
Motion for a resolution
Recital W
Recital W
W. whereas such considerations compound the abuse which is felt by thousands of European citizens who, as a result of the plans of the urbanisation agents, have not only lost their legitimately acquired property but have been forced to pay the arbitrary cost of unwanted, often unnecessary and unwarranted infrastructure projects directly affecting their property rights, the end result of which has been financial and emotional catastrophe for many familiesthe lax application of the urban development and environmental legislation in force has occasioned serious financial and personal harm to some members of the public, which has on occasion taken the form of an increase in urbanisation costs in excess of those resulting from a correct assessment in accordance with the mandatory legal procedures, or in larger transfers of land than those laid down in law,
Amendment 48 #
2008/2248(INI)
Motion for a resolution
Recital X
Recital X
Amendment 56 #
2008/2248(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas the natural Mediterranean island and coastal areas of Spain have suffered extensive destruction in the last decade as cement and concrete have saturated these regions in a way which has affected not only the fragile coastal environment – much of which is nominally protected under the Habitats1/Natura 2000 and Birds2 Directives – but also the social and cultural activity of many areas, which constitutes a tragsignific and irretrievablet loss to their cultural identity and heritage as well as to their environmental integrity, and all this primarily because of the greed and speculative behaviour of certain local authorities and members of the construction industry who have succeeded in deriving massive benefits from their activities in this regard, most of which have been exported3, 1 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). 2 Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, 25.4.1979, p. 1). 3 Note the recent reports issued by the Bank of Spain, Greenpeace, and Transparency International.absence of supramunicipal planning or regional planning guidelines placing reasonable limits on urban growth and development, set on the basis of explicit criteria of environmental sustainability, Or. es
Amendment 61 #
2008/2248(INI)
Motion for a resolution
Recital Z
Recital Z
Amendment 65 #
2008/2248(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Government of Spain and of the regions concerned, where they have not yet done so, to carry out a thorough review and to revise all legislation affecting the rights of individual property ownerson urbanisation, in order to bring an end to theany abuse ofthat may occur and affect the rights and obligations enshrined in the EC Treaty, in the Charter of Fundamental Rights, in the ECHR and in the relevant EU Directives, as well as in other conventions to which the EU is a party;
Amendment 69 #
2008/2248(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the competent regional authorities to declare a moratorium , where they do not have them, to draw up region all new urbanisation plans which do not respect the strict criteria of environmental sustainability and social responsibility and which do not guarantee respect for the rightful ownership of legitimately acquired property, and to and supramunicipal planning instruments as soon as possible that place limits on growth under criteria based on strict regional sustainability and, to the extent that existing legislation and the preservation of legitimately acquired rights permit, to reconsider those developments that compromise rational land use in the short, medium and long term, with a view to their reorientation towards sites and timeframes for implementation thalt and cancel all existing developments where criteria laid down in EU law, notablyre more acceptable from the socio-economic and environmental point of view; recommends, likewise, that the competent authorities reconsider, where appropriate, the application of contract law as regards the awardimplementation of urbanisation contracts andwork, as the Commission has argued before the Court of Justice of the European Communities, as well as compliance with provisions relating to water and the environment, have not been respected or applied; calls, likewise, on the competent regional authorities to promote an agreement between all social stakeholders with a view to a pact on improved town planning geared to sustainable development;
Amendment 76 #
2008/2248(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Urges the competent national and regional authorities to establish functioning judicial and administrative mechanisms, involving the regional ombudsmen, which are given the authority to provide means ofthat make it possible to speed up redress and of compensation for victims of urbanisation abuse who have suffered under the incorrect application of the provisions of existing legislation such as the Ley Reguladora de la Actividad Urbanística and the Ley Urbanística Valenciana;
Amendment 82 #
2008/2248(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 88 #
2008/2248(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission, at the same time, to ensure strict respect for the application of Community law and of the objectives laid down in the Directives covered by this resolution, and to be more exigent vis-à-vis the Spanish authorities when it appears that many local authorities are failing to fulfil their obligations in relation to EU citizensso that compliance therewith can be demanded;
Amendment 90 #
2008/2248(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 98 #
2008/2248(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, nevertheless, that absence of clarity, that possible misapplication of the precovision and certainty with regard to individual property rights contained in existing legislation, and the lack of any proper and consistent application ofs concerning property rights with regard to the general interest, as laid down in current legislation on both development and the environmental law, are is one of the root causes of many problems related to urbanisation and that this, combined with a certain lathe complexity inof the judicial process, has not only compounded the problem but has also generated an endemic form of corruption of which, once again, the European citizen is the primary victim, but which has also caumade possible some cases of corruption of which the primary victims are ordinary citizens, as a result of the failure to achieve rational spatial planning, but which has also caused the Spanish state to suffer significant prejudice, specifically in the Valencian Community, arising from the interpretation of the application of Law 6/1994 of 15 November, regulating development activity, which, although formally repealed, continues to be applied to many development plans and projects currently being processed, since this is permissible under the transition provisions of the new Ley Urbanística Valenciana Development Law. Believes that the conclusions reached by the Valencian Community’s Ombudswoman (Síndica de Greuges), an institution justly famed for its defence of citizens’ fundamental rights, conclusions which state that owners’ rights may have been affected, whether as a result of being undervalued by the developer, or by their having to shoulder sometimes excessive development charges unilaterally imposed by the Spanish state to suffer significant loss; developer; Access to information and citizens’ involvement in the development process needs to be guaranteed from the outset of the process, making environmental information available to citizens in a clear, simple and comprehensible form. Believes that no properly delimited definition of ‘general interest’ has been made either in existing development legislation nor by the appropriate authorities, and that this term is used to approve projects which are environmentally unsustainable, and in certain cases to circumvent negative environmental impact assessments and reports by the Hydographic Confederation;
Amendment 105 #
2008/2248(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9.Pays tribute to, and fully supports the activities of, the regional ombudsmen (“síndics de greuges”) and their staff, as well as to the more assiduous public prosecutors (“fiscales”) who have recently doneare doing an enormous amount to restore the integrity of some of the institutions affected by this issueamline court proceedings, despite the complexity entailed by the legal actions arising from development activity;
Amendment 109 #
2008/2248(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 112 #
2008/2248(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 114 #
2008/2248(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates the conclusions contained in its previous resolutions by calling in question the methods of designation of urbanisation agents and the frequently excessive powers often given to town planners and property developers by certain local authorities at the expense of communities and the citizens who have their homes in the areaon the methods whereby town planners and property developers are designated by the administration to carry out urbanisation work, on the basis of the Commission’s arguments and legal bases for applying Community and Spanish government procurement legislation to the carrying out of urbanisation work, as set out before the European Court of Justice;
Amendment 119 #
2008/2248(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 121 #
2008/2248(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reaffirms that, where compensation is payable for loss of property, it should be awarded at a suitable rate and in conformity with the law and the case-law of the Court of Justice and of the European Court of Human Rights;
Amendment 123 #
2008/2248(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 124 #
2008/2248(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Instructs its President to forward this resolution to the Commission and the Council, to the Government and Parliament of the Kingdom of Spain and the Autonomous Regional Governments and Assemblies, to the national and regional ombudsmen of Spain and to the petitioners;