Activities of Martí GRAU i SEGÚ
Plenary speeches (7)
Community ecolabel scheme - Voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (debate)
Opening of international negotiations in view of adopting an international treaty for the protection of the Arctic (debate)
Collective redress (debate)
The state of transatlantic relations in the aftermath of the US elections (debate)
Statute for a European private company - Cross-borders transfers of companies' registered offices - Small Business Act - Workers' participation in companies with a European Statute (debate)
Annual Report (2007) on the main aspects and basic choices of the CFSP - European Security Strategy and ESDP - The role of NATO in the security architecture of the EU (debate)
Production and employment in the textile and clothing sector in various EU Member States (debate)
Opinions (1)
OPINION Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: “Think Small First” - A “Small Business Act” for Europe
Amendments (121)
Amendment 8 #
2008/2241(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates that the CFSP must be underpinned by the values which the European Union and its Member States cherish, notably democracy, the rule of law and respect for the dignity of the human person, for human rights and for fundamental freedoms, and the promotion of peace and international cooperation;
Amendment 18 #
2008/2241(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Therefore urges the Council to reconsider the general rationale and the specific format of the report in order to ensure that it includes an in-depth assessment of the Union’s policy towards third countries or regional blocs and the Union’s response to humanitarian and security crises, as well as specific proposals for future action;
Amendment 20 #
2008/2241(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Believes that the coming months provide a unique opportunity for the EU to work out a new transatlantic agenda with the incoming US administration, covering strategic issues of common concern, such as a new global order,the principles of governance for a new global order, joint responses to the financial crisis, the establishment of a deep and comprehensive transatlantic market, measures to tackle climate change, energy security, the situation in the Middle East, Iran and Afghanistan, the fight against terrorism and organised crime, andthe work to achieve the Millennium Development Goals, peace in the Middle East and Afghanistan, and an end to the tension in relations with Iran;
Amendment 27 #
2008/2241(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that the CFSP should continue to focus on the promotion of human rights, the fight against terrorism, non- proliferation of weapons of mass destruction, climate change and energy security, since these issues directlyworld peace, concerted action to deal with climate change, energy security, non- proliferation of weapons of mass destruction, and the fight against terrorism, since these issues constitute the greatest challenges to our planet and hence relate to the concerns of European citizens;
Amendment 32 #
2008/2241(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Council to pursue with determination the recommendations made by Parliament for the development of a common European external energy policy, in particular by promoting EU cohesion in negotiations with energy suppliers and transit countries and defending EU common interests, by developing effective energy diplomacy and more efficient mechanisms for responding to crisis situations and, finally, by ensuring the diversification of energy supplies, sustainable energy use, and the development of renewable energy sources;
Amendment 38 #
2008/2241(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that the consolidation of the post-status Kosovo is essential for the achievement of stability in the Western Balkans; calls for the rapid and full deployment of the European Union Rule of Law Mission in Kosovo (EULEX) throughout that country, and urges the Council to maintain a continuous dialogue with the United Nations Mission in Kosovo so as to ensure a clear and swift handover between the two missioWelcomes the neutral status of the European Union Rule of Law Mission in Kosovo (EULEX), allowing deployment of the mission in Kosovo to commence on 8 December, as is essential for the achievement of stability in the Western Balkans;
Amendment 47 #
2008/2241(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is opposed to a premature disengagement on the part of the international community from Bosnia and Herzegovina; believes that no date, not even an indicative one, should be fixed for the closure of the office of the High Representative and the withdrawal of EUFOR Althea, since such closure and withdrawal can only take place once Bosnia and Herzegovina finally becomes a stable, well-functioning Statehas achieved satisfactory standards as regards the functioning of its institutions;
Amendment 53 #
2008/2241(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Commends the French Presidency of the Council for ensuring that the European Union has played a key role in bringing an end to the war in Georgia; calls on the Union, and in particular on its Special Representative, to uphold the principle of Georgia’s territorial integrity and respect for minorities, whilst endeavouring to reach a settlement which provides for efficient mechanisms for the return of internally displaced persons and refugees and for effective monitoring of the region’s security;
Amendment 57 #
2008/2241(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that the EU should closely monitor, andpursue a comprehensive policy on a regional scale, proceeding from the premiss that the channels of communication with all actors have to be kept open, as well as prepareing contingency plans for, other potential conflicts in this part of the EU neighbourhood;
Amendment 61 #
2008/2241(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the EU’s partnership with Russia must be based on a coherent strategy and a clear commitment by both sides to acting in full respect for international lawpredicated on wide-ranging cooperation in matters of mutual interest; bearing in mind the deterioration in relations in 2008, maintains that international law has to be respected in order to restore confidence and enable cooperation to be reactivated to the optimum degree; in line with the European Council Presidency conclusions of 1 September and 15-16 October 2008, underlines that Russia must comply with the commitments it entered into under the agreements of 12 August and 8 September 2008; is convinced, therefore, that there can be no normalisation of relations until Russia allows international observers to monitor the situation in South Ossetia and Abkhazia and fully complies with the terms of the 6-point plan;
Amendment 68 #
2008/2241(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is satisfied with the progress achieved at the EUROMED Ministerial Summit in Marseilles in further defining the institutional framework of the Union for the Mediterranean; is of the opinion that peace and, security, and development concerns in the Mediterranean region cannot be pursued in isolation and that, in order to be successful, the fight against terrorism and illegal migration should be integrated into the Union’s broader range of development and cooperation polici, but rather imply a need for the EU to address itself to the common challenges;
Amendment 71 #
2008/2241(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Points out that the Union for the Mediterranean can rely on the substantial legacy of the Barcelona Process in the political, economic, and socio-cultural spheres and maintains that the individual dimensions have to continue within their existing balance as the Union for the Mediterranean pursues its future work; considers it essential for the Euro- Mediterranean Parliamentary Assembly to be integrated into the structure of the Union for the Mediterranean in order to provide its parliamentary dimension;
Amendment 80 #
2008/2241(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
2a. Calls for Africa to be made a priority for EU external action so as to ensure that African governments and societies can look to the EU as an excellent partner in every field;
Amendment 90 #
2008/2241(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Reiterates its endorsement of the current processes intended to lead to bi- regional association agreements with Latin America (Central America, Mercosur, Andean Community), the first such agreements to be concluded by the EU in the world as a whole;
Amendment 1 #
2008/2126(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the dubious activities of ECG and other, similar companies stretch back over a number of decades (with the companies concerned relocating over time in order to continue their activities and avoid penalties), and whereas many businesses have been affected,
Amendment 2 #
2008/2126(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas the activities of the European City Guides company have been the subject of legal and administrative action, such as that taken by the High Court and the regional government in Catalonia (Spain), which resulted in the temporary suspension of the company’s activities and the imposition of a fine,
Amendment 3 #
2008/2126(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the Member States to promote the proper implementation of the Unfair Commercial Practices Directive in order to prevent harm to consumers and to ensure that competition prevails as it should, without detriment to the economic interests of legitimate competitors;
Amendment 4 #
2008/2126(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls upon the Member States and the Commission to bring into operation the class-action mechanisms which will enable those affected to submit a joint claim for damages;
Amendment 5 #
2008/2126(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls – in order to prevent possible fraud – for more information to be provided concerning the existence of the dubious practices in question and for such information to be made available to businesses and the general public at consumer and user advice centres;
Amendment 6 #
2008/2126(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for Member States to cooperate actively to bring an end to the practices of misleading directory companies and any similar activities and for particular attention to be paid to the deliberate use of ambiguous language;
Amendment 8 #
2008/2126(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Notes that where Member States are unwilling or unable to act, mechanisms should be devised to allow individual victims to seek joint redress through the courts on a cross-border basis; regrets the fact that the difficulties involved in tracking down activities of this nature distort the internal market and affect the way in which competition operates.
Amendment 9 #
2008/2126(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Urges the Member States to take action against all the fraudulent activities engaged in by European City Guide and other, similar companies, as a last resort by suspending their activities in order to prevent consumers and businesses from being harmed.
Amendment 7 #
2008/2035(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the Member States to take measures to alleviate the particular vulnerability of the immigrant population in undeclared employment, through both internal information and monitoring measures and an increase in the number of recruitment centres in third countries of origin;
Amendment 1 #
2008/2004(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that services account for more than three quarters of the European economy and that many services are vital for competitiveness and innovation in other partsectors of the service sector as well as in the industrial sectorproductive cycle such as industry and agriculture;
Amendment 2 #
2008/2004(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. In establishing fair trade in services it is necessary to ensure compliance with the principles set out in Article 2 of the EC Treaty;
Amendment 5 #
2008/2004(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 6 #
2008/2004(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that freedom of establishment and the free movement of services must not oblige Member States to liberalise services of general economic interest or to privatise public bodies providing this type of service; account must be taken of the above so as to ensure progress in the current World Trade Organisation (WTO) round of negotiations;
Amendment 9 #
2008/2004(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes the Commissions' emphasis on ensuring that the positive effects of globalisation are passed on to consumers, while at the same time seeking to avoid the sometimes unfavourable impact of globalisation, resulting in increased inequalities between individuals and encouraging the concentration of wealth; stresses that fair competition in services is crucial to ensure that consumers benefit from the European open market.
Amendment 12 #
2008/2004(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Trade in services within the internal market must develop in such a way as to guarantee social cohesion in the European Union and secure high quality public services while ensuring the more effective monitoring of service standards.
Amendment 18 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 6
Recital 6
(6) The expiry in June 2010 of the regulatory safeguards which apply to intra- Community voice roaming services at wholesale and retail levels by virtue of Regulation (EC) No 717/2007 would therefore give rise to a significant risk that the underlying lack of competitive pressures in the voice roaming market and the incentive for mobile operators to maximise their roaming revenues would result in a return to retail and wholesale prices for intra-Community roaming that do not constitute a reasonable reflection of the underlying costs involved in the provision of the service, thereby jeopardising the objectives of Regulation (EC) No 717/2007. Regulation (EC) No 717/2007 should therefore be extended beyond 30 June 2010 for a further period of three years in order to ensure the smooth functioning of the internal market by guaranteeing that consumers continue to benefit from the assurance that they will not be charged an excessive price when making or receiving a regulated roaming call while at the same time providing sufficient time for competition to develop. The effects of failing to extend Regulation (EC) No 717/2007 beyond 30 June 2013 should be carefully analysed as part of its forthcoming review.
Amendment 21 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) The levels of the maximum average wholesale charges for regulated roaming calls set by Regulation (EC) No 717/2007 should continue to decline over the extended duration of the Regulation to reflect declining costs, including decreases in regulated mobile termination rates in the Member States, in order to ensure the smooth functioning of the internal market while at the same time continuing to meet the dual objectives of eliminating excessive prices while allowing operators freedom to compete and innovate. The levels of the maximum average wholesale charges should on no account be cost-oriented, in order to facilitate the future removal of regulation and provide operators with a margin to compete.
Amendment 22 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 11
Recital 11
(11) The maximum levels of the Eurotariff, both for calls made and calls received, should continue to decrease annually during the extended period of validity of Regulation (EC) No 717/2007 in a manner consistent with the decreases required during the initial period of application of that Regulation, to reflect the continuing declines in domestic mobile prices generally as well as the continuing decreases in the underlying costs of providing regulated roaming calls. In this way, the continuity in the effects of the Regulation is maintained. The maximum levels of the Eurotariff should on no account be cost-oriented, in order to facilitate the future removal of regulation and provide operators with a margin to compete.
Amendment 25 #
2008/0187(COD)
Proposal for a regulation – amending act
Recital 31
Recital 31
(31) Data collected by national regulatory authorities indicate that average wholesale charges for data roaming services levied by visited network operators from roaming customers' home providers appear to be on a downward trend, although high prices for wholesale and retail data roaming services persist.
Amendment 124 #
2008/0187(COD)
Proposal for a regulation – amending act
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No. 717/2007/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall review the functioning of this Regulation andis Regulation shall expire on 30 June 2013 unless the Commission justifies its extension. To this end, the Commission shall report to the European Parliament and the Council no later than 31 December 2011. The Commission0 on the need for such extension, for which purpose it shall evaluate in particular whether the objectives of this Regulation have been achieved. In its report the Commission shall review developments in wholesale and retail charges for the provision to roaming customers of voice and data communication services, including SMS and MMS, and shall, if appropriate, include recommendations regarding the need further to regulate these services: - the effects of regulation on operators' income and on their investment and commercial policies, paying particular attention to possible 'waterbed' effects (compensation); - the characteristics of roaming services that would justify the imposition, extension or modification of the obligations laid down in this Regulation, and in particular competitive dynamics and demand elasticity; - developments in wholesale and retail charges for the provision to roaming customers of voice and data communication services, including SMS and MMS; - developments in national mobile communication services in the various Member States; - the effects that the removal of regulation would have on mobile telephony markets and the effects of regulation at retail level only; - the availability of services or products that represent or could become an alternative to or replacement for roaming, or that could improve competition at wholesale and retail level. For this purpose the Commission may use the information supplied pursuant to Article 7(3).
Amendment 31 #
2008/0142(COD)
Proposal for a directive
Title
Title
Proposal for a Directive of the European Parliament and of the Council on the application of patients' rights in cross- border healthcareto access to safe, high quality, efficient healthcare under equitable conditions
Amendment 54 #
2008/0142(COD)
Proposal for a directive
Recital 10
Recital 10
For the purpose of this Directive, the concept of "cross-border healthcare" covers the following modes of supply of healthcare: – Use of healthcare abroad (i.e.: a patient moving to a healthcare provider in another Member State for treatment); this is what is referred to as 'patient mobility'; – Cross-border provision of healthcare (i.e.: delivery of service from the territory of one Member State into the territory of another); such as telemedicine services, remote diagnosis and prescription, laboratory services; – Permanent presence of a healthcare provider (i.e.: establishment of a healthcare provider in another Member State); and, – Temporary presence of persons (i.e.: mobility of health professionals, for example moving temporarily to the Member State of the patient to provide services).
Amendment 59 #
2008/0142(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) According to Court of Justice case law (C-496/01), if no harmonisation measures exist, Community law does not prevent any Member State from imposing its own level of public health coverage on healthcare providers established in another Member State, who wish to provide services to patients insured in the first Member State, provided that the legal obligations of the providers of healthcare services have been established. However, the conditions which need to be met in order to secure authorisation shall not duplicate equivalent legal conditions already satisfied in the Member State of establishment.
Amendment 70 #
2008/0142(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 75 #
2008/0142(COD)
Proposal for a directive
Recital 25
Recital 25
(25) This Directive does not aim either to create entitlement for reimbursement of treatment in another Member State, if such a treatment is not among the benefits provided for by the legislation of the patient's Member State of affiliation, or to modify the conditions of such reimbursement, if the former are set out in the legislation of the Member State of affiliation. Equally this Directive does not prevent the Member States from extending their benefits in kind scheme to healthcare provided in another Member State according to its provisions.
Amendment 88 #
2008/0142(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 90 #
2008/0142(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
Amendment 104 #
2008/0142(COD)
Proposal for a directive
Article 1
Article 1
This Directive establishes a general framework for the provision ofEU citizens' access to safe, high quality and efficient cross-borderhealthcare, under equitable conditions, and establishes cooperation mechanisms between Member States in the field of health, respecting national responsibility for organising and providing healthcare.
Amendment 116 #
2008/0142(COD)
Proposal for a directive
Article 2
Article 2
This Directive shall apply to provision of healthcare regardless of how it is organised, delivered and financed or whether it is public or private, as defined in Article 4, which is not guaranteed by Regulation (EC) No 883/2004 on coordinating social security systems.
Amendment 130 #
2008/0142(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 144 #
2008/0142(COD)
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) "cross-border healthcare" means healthcare provided in a Member State other than that where the patient is an insured person or healthcare provided in a Member State other than that where the healthcare provider resides, is registered or is established;
Amendment 147 #
2008/0142(COD)
Proposal for a directive
Article 4 – point c
Article 4 – point c
Amendment 150 #
2008/0142(COD)
Proposal for a directive
Article 4 – point d
Article 4 – point d
(d) "health professional" means a doctor of medicimedical practitioner or a nurse responsible for general care or a dental practitioner or a midwife or a pharmacist within the meaning of Directive 2005/36/EC or another professional exercising activities in the healthcare sector which are restricted to a regulated profession as defined in Article 3(1)(a) of Directive 2005/36/EC;
Amendment 152 #
2008/0142(COD)
Proposal for a directive
Article 4 – point f
Article 4 – point f
(f) "patient" means any natural person who receives or wishes to receive healthcare in a Member State;
Amendment 153 #
2008/0142(COD)
Proposal for a directive
Article 4 – point g
Article 4 – point g
((g) "insured person" means: (i) until the date of application of Regulation (EC) No 883/2004: a person who is insured in accordance with the provisions of Articles 1, 2 and 4 of Regulation (EC) No 1408/71, (ii) as from the date of application of Regulation (EC) No 883/2004: a person who is an insured person within the meaning ofing to the definition in Article 1(c) of Regulation (EC) No 883/2004;
Amendment 155 #
2008/0142(COD)
Proposal for a directive
Article 4 – point h
Article 4 – point h
(h) "Member State of affiliation" means the Member State where the patient is an insured person . If the patient is legally resident in a Member State and not insured by any European social security scheme, but has a recognised entitlement to healthcare, the Member State of affiliation shall be the Member State of residence;
Amendment 161 #
2008/0142(COD)
Proposal for a directive
Article 4 – point l a (new)
Article 4 – point l a (new)
(la) "Patient's medical records" or "medical history" means all the documents containing data, assessments and information of any kind on a patient's situation and clinical development throughout the care process.
Amendment 162 #
2008/0142(COD)
Proposal for a directive
Chapter II – heading (before Article 5)
Chapter II – heading (before Article 5)
MEMBER STATE AUTHORITIES RESPONSIBLE FOR COMPLIANCE WITH COMMON PRINCIPLES FOR HEALTHCARE HEALTHCARE
Amendment 163 #
2008/0142(COD)
Proposal for a directive
Article 5 – heading
Article 5 – heading
Responsibilities of authorities of the Member State of treatment
Amendment 209 #
2008/0142(COD)
Proposal for a directive – amending act
Article 5 a (new)
Article 5 a (new)
Amendment 218 #
2008/0142(COD)
Proposal for a directive – amending act
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Subject to the provisions of this Directive, in particular Articles 7, 8 and 9, the Member State of affiliation shall ensure that insured persons travelling to another Member State with the purpose of receiving healthcare there or seeking to receive healthcare provided in another Member State, will not be prevented from receiving healthcare provided in another Member State where the treatment in question is among the benefits provided for by the legislation of the Member State of affiliation to which the insured person is entitled. The Member State of affiliation shall reimburse the costs to the insured person, which would have been paid for by its statutory social security system had the same or similar healthcare been provided in its territory. In any event, it is for the Member State of affiliation to determine the healthcare that is paid forin respect of which the insured person is entitled to assumption of the costs, as well as the level of reimbursement and co-payment to be met by that person, regardless of where it is provided.
Amendment 244 #
2008/0142(COD)
Proposal for a directive – amending act
Article 7
Article 7
Amendment 252 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of reimbursement of the costs of healthcare provided in another Member State in accordance with this Directive, hospital care shall mean: (a) healthcare which requires overnight accommodation of the patient in question for at least one night; (b) healthcare, included in a specific list, that does not requireand specialised care shall mean, as defined in the legislation of the Member State of affiliation, healthcare which is subject to planning, in that it entails overnight accommodation of the patient in question for at least one night. This list shall be limited to: - healthcare that or which requires use of highly specialised and cost- intensive medical infrastructure or medical equipment;, or - healthcare involving treatments presenting a particularspecific risk for the patient or the population.
Amendment 261 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 271 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Member State of affiliation may provide for a system of prior authorisation for reimbursement by its social security system of the cost of hospital care provided in another Member State where the following conditions are met: (a) had the healthcare been provided in its territory, it would have been assumed by the Member State's social security system; and (b) the purpose of the system is to address the consequent outflow of patients due to the implementation of the present Article and to prevent it from seriously undermining, or being likely to seriously undermine: (i) the financial balance of the Member State's social security system; and/or (ii) the planning and rationameet the cost of hospital care and specialist assistance (subject to the definition prevailing in the Member State of affilisation carried out in the hospital sector to avoid hospital overcapacity, imbalance in the supply of hospital care and logistical and financial wastage, the maintenance of a balanced medical and hospital service open to all, or the maintenance of treatment capacity or medical competence on the territory of the concerned Member Sta) under paragraph 1 provided in another Member State, if prior authorisation has been granted.
Amendment 287 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The prior authorisation system shall be limited to what is necessary and proportionate to avoid such impact, and shall not constitute a means of arbitrary discrimination.
Amendment 293 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Member State of affiliation shall make publicly available the list of hospitals and specialist care services, as well as all relevant information on the prior authorisation systems introduced pursuant to the provisions of paragraph 3.
Amendment 294 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 a – (new)
Article 8 – paragraph 5 a – (new)
5a. Member States shall specify in advance and in a transparent way the criteria for refusal of the prior authorisation in the context of overriding considerations of general interest.
Amendment 297 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. With regard to any request for authorisation made by an insured person with a view to receiving healthcare in another Member State, the Member State of affiliation shall ascertain whether the conditions laid down in Regulation (EC) No 883/2004 have been met, and, if so, shall grant prior authorisation pursuant to that Regulation.
Amendment 300 #
2008/0142(COD)
Proposal for a directive
Article 8 – paragraph 5 b (new)
Article 8 – paragraph 5 b (new)
5b. In whatever circumstances, the Member State may refuse to grant prior authorisation if the same treatment can be provided within its own territory within a medically justified time-frame and taking account of the existing state of health of the person concerned and the probable development of that person's illness.
Amendment 304 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The Member State of affiliation shall ensure that administrative procedures regarding the use of healthcare in another Member State related to any prior authorisation referred to in Article 8(3), reimbursement2) and the meeting of costs of healthcare incurred in another Member State and other conditions and formalities referred to in Article 6(3), are based on objective, non-discriminatory criteria which are published in advance, and which are necessary and proportionate to the objective to be achieved. In any event, an insured person shall always be granted the authorisation pursuant to Regulations on coordination of social security referred to in Art. 3.1 f) whenever the conditions of Art.22.1 c) and Art. 22.2 of Regulation 1408/71 are met.
Amendment 306 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Any such procedural systems shall be easily accessible and capable of ensuring that requests are dealt with objectively and impartially within time limitthresholds set out and made public in advance by the Member States. When dealing with requests, account shall be taken of the degree of urgency and individual circumstances.
Amendment 307 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 313 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 316 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 321 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Member States of affiliation shall ensure that there are mechanisms in place to provide patients on request with information on receiving healthcare in anthe provision of healthcare to nationals of other Member States, and the terms and conditions that would apply, inter alia, whenever harm is caused as a result of healthcare received in anotherone's own Member State.
Amendment 326 #
2008/0142(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Member States, with the assistance of the Commission, may, in accordance with the procedure referred to in Article 19(2), develop a standard Community format for the prior information referred to in paragraph 1.
Amendment 336 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The national contact point in the Member State of affiliation shall, in close cooperation with other competent national authorities, and wi provide patients who so request with contact details for the national contact points in other Member States, in particular in the Member State of treatment, and with the Commission:.
Amendment 341 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) provide and disseminate information to patients who are nationals of other Member States, at their request, in particular on their rights related to cross- border healthcare and the guarantees of quality and safety, protection of personal data, procedures for complaints and means of redress available for healthcare provided in anotherthat Member State, and on the terms and conditions applicable;
Amendment 342 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) help patients who are nationals of other Member States, at their request, to protect their rights and seek appropriate redress in the event of harm caused by the use of healthcare in anotherthat Member State; the national contact point shall in particular inform patients who are nationals of other Member States, at their request, about the options available to settle any dispute, help to identify the appropriate out-of-court settlement scheme for the specific case and help patients to monitor their dispute where necessary;
Amendment 344 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
Amendment 347 #
2008/0142(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The Member States, with support from the Commission, shall, in accordance with the procedure referred to in Article 19(2), adopt:
Amendment 361 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. For facilitating the implementation of paragraph 1, the Member States, with support from the Commission, shall adopt:
Amendment 364 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point (a)
Article 14 – paragraph 2 – point (a)
(a) measures enabling a pharmacist or other health professional to verify the authenticity of the prescription and whether the prescription was issued in another Member State by an authorised person through developing a Community prescription template, establishing the data necessary for its validity and the language requirements, and supporting interoperability of ePrescriptions and the confidentiality of the patient's data;
Amendment 367 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point (b)
Article 14 – paragraph 2 – point (b)
(b) measures to ensure that medicinal products prescribed in one Member State and dispensed in another are correctly identified and that the information to patients concerning the product is comprehensible;. Where the name of the medicinal product prescribed is an invented name or a trade mark, the international non-proprietary name (INN) shall also be shown.
Amendment 371 #
2008/0142(COD)
Proposal for a directive
Article 14 – paragraph 2 – point c a new
Article 14 – paragraph 2 – point c a new
(ca) measures to establish cases where medicines may be substituted, for example supply problems and emergencies.
Amendment 108 #
2008/0018(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to enhance respect for the principles of fair competition in the internal market and to avoid any threat to the safety of children, improvements should be made to the border control mechanisms for toys entering the European market.
Amendment 114 #
2008/0018(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The duplication of evaluation by different EU bodies (such as the Scientific Committee on Consumer Products under the future Directive concerning the security of toys and the European Chemicals Agency under REACH) for the use of the same CMR in toys with potentially different outcomes must be avoided.
Amendment 242 #
2008/0018(COD)
Proposal for a directive
Article 52
Article 52
Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which were placed on the market before this Directive entered into force or at the latest 2during a period of two years after this Directive entered into force.
Amendment 249 #
2008/0018(COD)
Proposal for a directive
Article 52 - paragraph 1 a (new)
Article 52 - paragraph 1 a (new)
With regard to Article 3(1), Article 9(1) and point III of Annex II, 'Chemical properties', Member States shall not prohibit the placing on the market of toys in accordance with Directive 88/378/EEC which were placed on the market 1) before this Directive entered into force, or 2) after this Directive entered into force and, at the latest, two years after the publication in the Official Journal of the reference to the corresponding revision of the harmonised standard relating to the same chemical properties of toys.
Amendment 275 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 4 a (new)
Annex II – Part I – point 4 – subparagraph 4 a (new)
On the basis of the definition of 'toys' in Article 1, the scope of this Directive does not cover one-piece decorations contained in some traditional foods.
Amendment 44 #
2007/0279(COD)
Proposal for a directive
Article 1 - paragraph 2
Article 1 - paragraph 2
2. This directive doesshall not affect the export policies of Member States. Member States shall be sovereign in extra-Community policies and in matters relating to defence equipment.
Amendment 45 #
2007/0279(COD)
Proposal for a directive
Article 1 - paragraph 2 a (new)
Article 1 - paragraph 2 a (new)
2a. For the purpose of implementing this Directive the Member States shall be entitled to establish and develop mechanisms for intergovernmental cooperation with a view to facilitating the restructuring and the operation of the Community defence industry. This Directive must not become an obstacle preventing the Member States from concluding specific agreements which facilitate transfers of defence equipment amongst those States and which may also give rise to further agreements regulating broader aspects than those covered by this Directive.
Amendment 48 #
2007/0279(COD)
Proposal for a directive
Article 1 - paragraph 2 b (new)
Article 1 - paragraph 2 b (new)
2b. This Directive shall not affect Article 296 of the EC Treaty.
Amendment 49 #
2007/0279(COD)
Proposal for a directive
Article 2 - paragraph 1
Article 2 - paragraph 1
1. This directive applies to the defence- related products included in the Annex.
Amendment 50 #
2007/0279(COD)
Proposal for a directive
Article 2 - paragraph 2
Article 2 - paragraph 2
Amendment 52 #
2007/0279(COD)
Proposal for a directive
Article 2 - paragraph 3
Article 2 - paragraph 3
Amendment 54 #
2007/0279(COD)
Proposal for a directive
Article 3 - paragraph 1 - point 1
Article 3 - paragraph 1 - point 1
1. ‘defence-related product’ means any product specifically designed for military use and listed in the Annex;
Amendment 55 #
2007/0279(COD)
Proposal for a directive
Article 3 - paragraph 1 - point 2
Article 3 - paragraph 1 - point 2
2. ‘transfer’ means any movement or transmission by any means of a defence- related product to a recipient in another Member State in the context of a commercial transaction;
Amendment 56 #
2007/0279(COD)
Proposal for a directive
Article 4 - paragraph 1
Article 4 - paragraph 1
1. The transfer of defence related products between Member States shall be subject to prior authorisation, except where national regulations include exceptions. No further authorisation by other Member States shall be required for the transit through Member States or for the import in other Member States of defence related products without prejudice to the application of provisions necessary for the protection of public order such as the safety of transport.
Amendment 62 #
2007/0279(COD)
Proposal for a directive
Article 4 - paragraph 4
Article 4 - paragraph 4
4. Member States shall determine all the terms and conditions of transfer licences, including any particular any limitations on the export of defence-related products to recipients in third countries, having regard to the risks for preservation of human rights, peace, security and stability created by the transfer. Member States may pursue and extend existing intergovernmental cooperation in order to achieve the objectives of this directive.
Amendment 67 #
2007/0279(COD)
Proposal for a directive
Article 4 - paragraph 8
Article 4 - paragraph 8
Amendment 61 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 4 a (new)
Recital 4 a (new)
(4a) The universal service is a protective network for people whose financial resources, geographical location or special social needs do not permit them to access the basic services available to the great majority of citizens. The basic universal service obligation laid down in the current directive is to provide users who so request with a connection to the public telephone network from a fixed location and at an affordable price. As a result, it does not determine the speed of access to the Internet for a given user, being confined to permitting, in this case, the transmission of voice and data at speeds sufficient to access such online services as are available via the public Internet. This obligation, which has in the past been limited to a single connection to the narrow-band network, is now confronted by developments in the technology and the market in which networks are increasingly adopting the technology associated with mobile and broadband communications, raising a need to assess whether the technical, social and economic conditions justifying the inclusion of mobile communications and broadband access in the universal service obligation are fulfilled. To this end, the next review of implementation of the Directive should include an analysis, in the light of the trend in social, commercial and technological conditions, of the risk of social exclusion involved in not having access to these facilities, and of the technical and economic viability, estimated cost and its allocation, in the event of their provision.
Amendment 105 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2002/22/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(2a) The provisions of this Directive shall apply without prejudice to Community rules on consumer protection, in particular Directives 93/13/EC and 97/7/EC, and national rules in conformity with Community law.
Amendment 108 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2002/22/EC
Article 2 – point (c)
Article 2 – point (c)
(c) “publicly available telephone service” means a service available to the public for originating and/or receiving, directly or indirectly via carrier selection or pre- selection or resale, national and/or international calls through a number or numbers in a national or international telephone numbering plan;
Amendment 109 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point b a (new)
Article 1 – point 2 – point b a (new)
Directive 2002/22/EC
Article 2 – point (d)
Article 2 – point (d)
(ba) Point (d) shall be replaced by the following: (d) ‘geographic number’ means a number from the national telephone numbering plan where part of its digit structure contains geographic significance used for routing calls to the physical location of the network termination point (NTP);
Amendment 110 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point b b (new)
Article 1 – point 2 – point b b (new)
Directive 2002/22/EC
Article 2 – point (e)
Article 2 – point (e)
(bb) Point (e) shall be deleted.
Amendment 122 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) Member States may take measures to ensure that all reasonable requests as referred to in paragraph 1 for functional Internet provision by connection to the network are met by at least one undertaking.
Amendment 133 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2002/22/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States may, in the light of national conditions, require that designated undertakings provide tariff options or packages to consumers which depart from those provided under normal commercial conditions, in particular to ensure that those on low incomes or with special social needs are not prevented from accessing or using the network access referred to in Article 4(1), or the services identified in Articles 4(2)(a), 4(3), 5, 6 and 7 as falling under the universal service obligations and provided by designated undertakings.
Amendment 134 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 2002/22/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 137 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 7 c (new)
Article 1 – point 7 c (new)
Directive 2002/22/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
(7c) In Article 11, paragraph 1 is amended as follows: ‘1. National regulatory authorities shall ensure that all designated undertakings with obligations under Articles 4, 5, 6, 7 and 9(2) publish adequate and up-to- date information concerning their performance in the provision of universal service, based on the quality of service parameters, definitions and measurement methods set out in Annex III. The published information shall […] on request be supplied to the national regulatory authority.’
Amendment 138 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 7 d (new)
Article 1 – point 7 d (new)
Directive 2002/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
(7d) In Article 11, paragraph 3 is amended as follows: ‘3. National regulatory authorities may, in addition, specify the content, form and manner of information to be published, in order to ensure that end- users and consumers have access to comprehensive, […] reliable, high-quality and user-friendly information.’
Amendment 142 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 1
Article 20 – paragraph 1
Amendment 148 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 2 – subparagraph 1 – point (h b) (new)
Article 20 – paragraph 2 – subparagraph 1 – point (h b) (new)
(hb) the customer services available, and ways of contacting such services.
Amendment 157 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Member States shall ensure that where contracts are concluded between subscribend-users and undertakings providing electronic communications services that allow voice communication, subscribend-users are clearly informed whether or not access to emergency services is provided. Providers of electronic communications services shall ensure that customers are clearly informed of the lack of access to emergency services in advance of the conclusion of a contract and regularly thereafter.
Amendment 162 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Member States shall ensure that where contracts are concluded between subscribend-users and undertakings providing electronic communications services and/or networks, subscribend-users are clearly informed in advance of the conclusion of a contract and regularly thereafter of any explicit limitations imposed by the provider on their ability to access or distribute lawful content or run any lawful applications and services of their choice.
Amendment 176 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 7
Article 20 – paragraph 7
7. Subscribers shall have a right to withdraw from their contracts without penalty upon notice of modifications in the contractual conditions proposed by operators. SExcept in cases permitted by the national regulatory authorities, subscribers shall be given adequate notice, not shorter than one month, ahead of any such modifications and shall be informed at the same time of their right to withdraw, without penalty, from such contracts, if they do not accept the new conditions.
Amendment 185 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Member States shall ensure that undertakings providing public electronic communications networks and/or services publish clear, comparable, adequate and up-to- date information on applicable prices and tariffs and the standard terms and conditions in respect of access and use of their services provided to consumers in accordance with Annex II. Such information shall be published in an easily accessible form. To that end the national regulatory authorities may extend the provisions of Annex II to those undertakings.
Amendment 186 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
3. National regulatory authorities shall encourage the provision of information to enable end users and consumers to make an independent evaluation of the cost of alternative usage patterns, by means of interactive guides or similar techniques. Member States shall ensure that nNational regulatory authorities may make such guides or techniques available, when these are not available on the market. Third parties shall have a right to use without charge the tariffs published by undertakings providing electronic communications networks and/or services, for the purposes of selling or making available such interactive guides or similar techniques.
Amendment 190 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing electronic communications services to provide applicable tariff information to customers at the time and point of purchase to ensure that customers are fully informed of pricing conditions or other relevant aspects.
Amendment 193 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 6
Article 21 – paragraph 6
Amendment 195 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point a a (new)
Article 1 – point 13 – point a a (new)
Directive 2002/22/EC
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
Amendment 197 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2002/22/EC
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 238 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 18
Article 1 – point 18
Directive 2002/22/EC
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall ensure that all subscribers with numbers from the national telephone numbering plan who so request can retain their number(s) independently of the undertaking providing the service in accordance with the provisions of Annex I, part C.
Amendment 270 #
2007/0248(COD)
Proposal for a directive – amending act
Annex I – Part A – point (b)
Annex I – Part A – point (b)
Directive 2002/22/EC
Annex I – Part A – point (b)
Annex I – Part A – point (b)
i.e. the facility whereby the subscriber can, on request to a designated undertaking that provides telephone services, bar outgoing calls or other kinds of communication of defined types or to defined types of numbers free of charge.
Amendment 279 #
2007/0248(COD)
Proposal for a directive – amending act
Annex I – Part C – subparagraph 3
Annex I – Part C – subparagraph 3
Directive 2002/22/EC
Annex I – Part C – subparagraph 3
Annex I – Part C – subparagraph 3
This paragraph does not apply to the porting of numbers between networks providservices of a different nature, in particular between providers offering services at a fixed location and mobile networkor mobile locations.
Amendment 281 #
2007/0248(COD)
Proposal for a directive – amending act
Annex III – table – columns 2 and 3
Annex III – table – columns 2 and 3
Directive 2002/22/EC
Annex III – table – columns 2 and 3
Annex III – table – columns 2 and 3
ETSI EG 201 769-12 057