Activities of Heide RÜHLE
Plenary speeches (80)
Welcome
Presentation of the Court of Auditors' annual report
Assessment of OLAF
Subsidy package - Community action programmes
2001 discharge procedure
Protection of the financial interests of the Community and the European Prosecutor
Protection of financial interests and the fight against fraud
2000 discharges
European Research Area (Multiannual Framework Programme 2002-2006)
2002 budget
6th, 7th and 8th EDF discharge for 1999
Draft SAB 2/2001
2002 budget guidelines/ Financial perspective
Discharges
Draft SAB 1/2001
Special reports of the Court of Auditors
2001 budget
Protection of Communities' financial interests
Reform of the Commission
Court of Auditors' annual report for 1999
2001 budget procedure
2001 budget procedure
Separating financial control functions
1998 discharge
Human rights
Transitional civil administration/peace accords
Vote
1998 discharge, budgetary control
1998 discharge, budgetary control
Protection under criminal law of the Union's financial interests
2000 budget (continuation)
Losses under loans for projects outside the Community
EC and ECSC budgets for 2000
European Council of 3 and 4 June/ German Presidency
Trade in seal products (debate)
Type-approval requirements for the general safety of motor vehicles (debate)
Toys Directive (debate)
Transfers of defence-related products (debate)
Transfers of defence-related products (debate)
Protection of consumers in respect of certain aspects of timeshares (debate)
Accreditation and market surveillance relating to the marketing of products - Common framework for the marketing of products - Application of certain national technical rules to products lawfully marketed in another Member State - Safety marking on consumer products (debate)
Consumer credit (debate)
Toy Safety (debate)
Taxation and customs policies and the Lisbon Strategy (debate)
Obligations of cross-border service providers (debate)
Dangerous toys manufactured in China (debate)
The Single Market Review (debate)
Review procedures concerning the award of public contracts (debate)
Consumer confidence in the digital environment (debate)
Crisis at Equitable Life – Report by the temporary committee of inquiry (debate)
The transposition and implementation of public procurement legislation (debate)
Cat and dog fur (debate)
Women in Turkey (debate)
Coordination of certain of the Member States' provisions on television broadcasting (debate)
Services in the internal market (debate)
Public-private partnerships (debate)
Services (debate)
Equitable Life Committee of Inquiry (vote)
Recognition of professional qualifications
Consumer product safety - Market surveillance of products - Protection of consumers in utilities services (debate)
Package travel and assisted travel arrangements (debate)
Deployment of the eCall in-vehicle system - Deployment of the interoperable EU-wide eCall (debate)
Award of concession contracts - Public procurement - Procurement by entities operating in the water, energy, transport and postal services sectors (debate)
Recognition of professional qualifications and administrative cooperation through the Internal Market Information System (debate)
Single Market Act II - Concerns of European citizens and business with the functioning of the Single Market (debate)
Single Market Act II - Concerns of European citizens and business with the functioning of the Single Market (debate)
European standardisation (debate)
Modernisation of public procurement (debate)
Modernisation of public procurement (debate)
Harmonised conditions for the marketing of construction products (debate)
Repeal of directives regarding metrology (debate)
Safety of toys (debate)
Parliament's position on the 2011 draft budget as modified by the Council - all sections - Draft amending budget No 3/2010: Section III - Commission - BAM (Banana Accompanying Measures) (debate)
Principle of subsidiarity and universality of social public services in the EU (debate)
Textile names and related labelling of textile products (debate)
New developments in public procurement (short presentation)
Internal Market Scoreboard - Consumer protection - SOLVIT (debate)
Online gambling in relation to recent ECJ rulings (debate)
Mutual recognition of professional qualifications (debate)
Toy safety (debate)
Reports (11)
Report concerning discharge for the financial management of the European Coal and Steel Community (ECSC) for the financial year ended 23 July 2002 - Committee on Budgetary Control PDF (194 KB) DOC (77 KB)
Report on the proposal for a a Council decision establishing a Community action programme to promote active European citizenship (civic participation) (Enhanced cooperation between committees - Rule 162a) - Committee on Citizens' Freedoms and Rights, Justice and Home Affairs PDF (313 KB) DOC (198 KB)
Second report on the discharge in respect of the financial management of the sixth, seventh and eight European Development Funds for the 1999 financial year - Committee on Budgetary Control PDF (159 KB) DOC (82 KB)
PDF (141 KB) DOC (77 KB)
PDF (43 KB) DOC (87 KB)
PDF (50 KB) DOC (90 KB)
PDF (127 KB) DOC (194 KB)
PDF (69 KB) DOC (62 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on simplifying terms and conditions of transfers of defence-related products within the Community PDF (388 KB) DOC (561 KB)
REPORT on modernisation of public procurement PDF (366 KB) DOC (266 KB)
REPORT Report on new developments in public procurement PDF (287 KB) DOC (186 KB)
Shadow reports (55)
REPORT on the proposal for a regulation of the European Parliament and of the Council concerning type-approval requirements for the deployment of the eCall in-vehicle system and amending Directive 2007/46/EC PDF (551 KB) DOC (711 KB)
REPORT on the European Commission’s 7th and 8th progress reports on the EU Cohesion Policy and the Strategic Report 2013 on programme implementation 2007-2013 PDF (240 KB) DOC (121 KB)
REPORT on an integrated parcel delivery market for the growth of e-commerce in the EU PDF (232 KB) DOC (114 KB)
REPORT on the proposal for a Directive of the European Parliament and of the Council on electronic invoicing in public procurement PDF (282 KB) DOC (409 KB)
REPORT on the implementation of the Unfair Commercial Practices Directive 2005/29/EC PDF (178 KB) DOC (94 KB)
REPORT on the European Retail Action Plan for the benefit of all actors PDF (226 KB) DOC (112 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on consumer product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/EC PDF (690 KB) DOC (867 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on market surveillance of products and amending Council Directives 89/686/EEC and 93/15/EEC, and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 1999/5/EC, 2000/9/EC, 2000/14/EC, 2001/95/EC, 2004/108/EC, 2006/42/EC, 2006/95/EC, 2007/23/EC, 2008/57/EC, 2009/48/EC, 2009/105/EC, 2009/142/EC, 2011/65/EU, Regulation (EU) No 305/2011, Regulation (EC) No 764/2008 and Regulation (EC) No 765/2008 of the European Parliament and of the Council PDF (618 KB) DOC (776 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment PDF (391 KB) DOC (532 KB)
REPORT on misleading advertisement practices PDF (170 KB) DOC (83 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on simplifying the transfer of motor vehicles registered in another Member State within the Single Market PDF (416 KB) DOC (772 KB)
REPORT on the Internal Market for Services: State of Play and Next Steps PDF (196 KB) DOC (114 KB)
REPORT on online gambling in the internal market PDF (236 KB) DOC (151 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 450/2008 laying down the Community Customs Code (Modernised Customs Code) as regards the date of its application PDF (134 KB) DOC (71 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down the Union Customs Code (recast) PDF (609 KB) DOC (983 KB)
REPORT proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System PDF (1011 KB) DOC (1 MB)
REPORT on the proposal for a directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors PDF (1 MB) DOC (2 MB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the award of concession contracts PDF (1 MB) DOC (2 MB)
REPORT on the proposal for a directive of the European Parliament and of the Council on public procurement PDF (2 MB) DOC (3 MB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of measuring instruments (recast) PDF (277 KB) DOC (354 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast) PDF (259 KB) DOC (312 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast) PDF (280 KB) DOC (347 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) PDF (267 KB) DOC (333 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast) PDF (280 KB) DOC (359 KB)
REPORT on the implementation of the Consumer Credit Directive 2008/48/EC PDF (162 KB) DOC (102 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) PDF (690 KB) DOC (1 MB)
REPORT on the 20 main concerns of European citizens and business with the functioning of the Single Market PDF (391 KB) DOC (241 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels (recast) PDF (264 KB) DOC (327 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of lifts and safety components for lifts (recast) PDF (294 KB) DOC (389 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of non-automatic weighing instruments (recast) PDF (284 KB) DOC (362 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) PDF (271 KB) DOC (327 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR) PDF (529 KB) DOC (847 KB)
REPORT on the proposal for a directive of the European Parliament and of the Council on recreational craft and personal watercraft PDF (385 KB) DOC (500 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on European Standardisation and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and of the Council PDF (617 KB) DOC (969 KB)
REPORT on the Internal Market Scoreboard PDF (174 KB) DOC (111 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) PDF (242 KB) DOC (327 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the approval of agricultural or forestry vehicles PDF (699 KB) DOC (1 MB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the approval and market surveillance of two-or three-wheel vehicles and quadricycles PDF (522 KB) DOC (966 KB)
REPORT on a new strategy for consumer policy PDF (240 KB) DOC (173 KB)
REPORT on online gambling in the Internal Market PDF (239 KB) DOC (155 KB)
REPORT on absorption of Structural and Cohesion Funds: lessons learnt for the future cohesion policy of the EU PDF (233 KB) DOC (150 KB)
REPORT on universal service and the 112 emergency number PDF (215 KB) DOC (135 KB)
REPORT on a more efficient and fairer retail market PDF (213 KB) DOC (136 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws PDF (173 KB) DOC (201 KB)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC, Directive 96/73/EC of the European Parliament and of the Council and Directive 2008/121/EC of the European Parliament and of the Council PDF (270 KB) DOC (369 KB)
REPORT on Governance and Partnership in the Single Market PDF (243 KB) DOC (157 KB)
REPORT on the revision of the General Product Safety Directive and market surveillance PDF (224 KB) DOC (142 KB)
REPORT Recommendation for second reading on theCouncil position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC PDF (344 KB) DOC (502 KB)
REPORT Report on good governance with regards to the EU regional policy: procedures of assistance and control by the European Commission PDF (199 KB) DOC (106 KB)
REPORT Report on EEA-Switzerland: Obstacles with regard to the full implementation of the internal market PDF (185 KB) DOC (104 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council on combating late payment in commercial transactions (recast) PDF (458 KB) DOC (662 KB)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council on textile names and related labelling of textile products PDF (328 KB) DOC (530 KB)
REPORT Report on the proposal for a directive of the European Parliament and of the Council repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC, and 86/217/EEC regarding metrology PDF (185 KB) DOC (219 KB)
REPORT Report on SOLVIT PDF (192 KB) DOC (120 KB)
REPORT Report on the Internal Market Scoreboard PDF (171 KB) DOC (112 KB)
Opinions (6)
OPINION Digital Dividend in Europe
OPINION Communication from the Commission: Action Plan for Energy Efficiency: Realising the Potential
OPINION on 'Towards a European policy on radio spectrum'
OPINION on the proposal for a directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
OPINION on the proposal for a directive of the European Parliament and of the Council on the proposal for a directive of the European Parliament and of the Council on the award of concession contracts
OPINION Parliament's position on the 2011 Draft Budget as modified by the Council - all sections
Shadow opinions (50)
OPINION on the proposal for a directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union
OPINION on the proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries
OPINION on General budget of the European Union for the financial year 2014 - all sections
OPINION on the proposal for a regulation of the European Parliament and of the Council on medical devices, and amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009
OPINION on the proposal for a regulation of the European Parliament and of the Council on in vitro diagnostic medical devices
OPINION on the proposal for a regulation of the European Parliament and of the Council on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC
OPINION on the proposal for a regulation of the European Parliament and of the Council on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC
OPINION The Governance of the single market
OPINION on the proposal for a directive of the European Parliament and of the Council relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of public health insurance systems
OPINION on the proposal for a regulation of the European Parliament and of the Council on Union guidelines for the development of the trans-European transport network
OPINION on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European telecommunications networks and repealing Decision No 1336/97/EC
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/98/EC on re-use of public sector information
OPINION on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans European telecommunications networks and repealing Decision No 1336/97/EC
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing Horizon 2020 - The Framework Programme for Research and Innovation (2014-2020)
OPINION on European Semester for economic policy coordination: implementation of 2012 priorities
OPINION on Budget 2013: Section III (Commission)
OPINION on the proposal for a regulation of the European Parliament and of the Council on groundhandling services at Union airports and repealing Council Directive 96/67/EC
OPINION Passengers rights in all transport modes
OPINION on the feasibility of introducing Stability Bonds
OPINION on the proposal for a Council regulation on laying down the multiannual financial framework for the years 2014-2020
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (2014 - 2020)
OPINION on Social Business Initiative – Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation
OPINION on the proposal for a regulation of the European Parliament and of the Council on the sound level of motor vehicles
OPINION on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC
OPINION on 2010 discharge: EU general budget, Section III, Commission
OPINION on the proposal for a directive of the European Parliament and of the Council on credit agreements relating to residential property
OPINION on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works
OPINION on the proposal for a directive of the European Parliament and of the Council on control of major-accident hazards involving dangerous substances
OPINION on the Green Paper: From challenges to opportunities: towards a common strategic framework for EU research and innovation funding
OPINION on modernisation of public procurement
OPINION on the twenty-seventh annual report on monitoring the application of EU law (2009)
OPINION on better legislation, subsidiarity and proportionality and smart regulation
OPINION on European cinema in the digital era
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 648/2004 as regards the use of phosphates and other phosphorous compounds in household laundry detergents
OPINION on a New Trade Policy for Europe under the EUROPE2020 Strategy
OPINION on the proposal for a Council decision on the conclusion of the Protocol between the European Union and the Principality of Andorra extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra
OPINION on Innovation Union: transforming Europe for a post-crisis world
OPINION Green Paper from the Commission on policy options for progress towards a European contract law for consumers and businesses
OPINION Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions: Towards a Single Market Act for a highly competitive social market economy - 50 proposals for improving our work, business and exchanges with one another
OPINION on European Cooperation in vocational education and training to support the Europe 2020 Strategy
OPINION on Europe, the world's No 1 tourist destination: a new policy framework for European tourism
OPINION on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section III - Commission and executive agencies
OPINION on the Green Paper entitled ‘Towards adequate, sustainable and safe European pension systems’
OPINION An Industrial policy for the Globalised Era.
OPINION on the implementation of the Services Directive 2006/123/EC
OPINION Draft opinion on Guaranteeing independent impact assessments.
OPINION Proposal for a Council regulation on state aid to facilitate the closure of uncompetitive coal mines
OPINION Opinion on New developments in public procurement
OPINION Opinion on the European Investment Bank (EIB) - Annual Report 2008
OPINION Proposal for a regulation of the European Parliament and of the Council concerning measures to safeguard security of gas supply and repealing Directive 2004/67/EC
Written declarations (4)
Amendments (1794)
Amendment 1 #
2013/2153(INI)
Motion for a resolution
Heading 1
Heading 1
on consumer protection in the context of some sectors of utility services
Amendment 6 #
2013/2153(INI)
Motion for a resolution
Recital A
Recital A
A. having regard to the lack of an adequate definition of 'utility' at Union level and the differing interpretations employed by the Member Statesfreedom of Member States to define, in conformity with Union law, what they consider to be services of general economic interest, how those services should be organised and financed, in compliance with the State aid rules, and what specific obligations they should be subject to;
Amendment 9 #
2013/2153(INI)
Motion for a resolution
Recital B
Recital B
B. having regard to the particular importance of utility services, the need to guarantee consumers free access to such services and the need to lay down binding rulrinciple of free administration by national, regional and local authorities oin access to such services for vulnerable consumersconformity with national and Union law;
Amendment 15 #
2013/2153(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the existing legal framework is inadequate, and whereas binding rules are needed to guaranteeose authorities are free to decide how to manage best the execution of works or the provision of services, to ensure in particular a higher level of consumerquality, safety and affordability, equal treatment and the protecmotion and access to utilityof universal access and of user rights in public services;
Amendment 23 #
2013/2153(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that some utility services have common characteristics; urges that basic consumer rights which cover all utility services should be harmonised at Community level which are defined in the specific sectoral legislation;
Amendment 35 #
2013/2153(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that utility services are also services of general economic interest (SGEIs); calls onurges the Commission to propose as soon as possible a European legal framework for SGEIsfor every proposal in that area to take into account the principle of subsidiarity and proportionality as defined in Article 14 TFEU and in Protocol No. 26;
Amendment 39 #
2013/2153(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 53 #
2013/2153(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that all consumers, irrespective of their financial circumstances, should be guaranteed access to utility services and that special arrangements, such as exemption from charges, should be introduced for 'vulnerable consumers'; points out that any consumer may find him/herself in a situation in which he/she needs special protec; urges the Member States to implement the specific provisions for 'vulnerable consumers' as provided for in sectoral legislation;
Amendment 66 #
2013/2153(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that the liberalisation of energy markets has not systematically led to greater competition and lower prices for consumers and, from consumers' point of view, has made the range of services and tariffs available more confusing;
Amendment 79 #
2013/2153(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that energy poverty is on the increase in many Member States, and calls; welcomes the announcement onf the Commission and the Member States to address this problem, in particular because service providers are benefiting from cheap wholesale priceto analyse the impact and relationship of energy prices and costs in the Member States; points out that consumers should be made aware of how to reduce their energy use, via inter alia, information campaigns;
Amendment 90 #
2013/2153(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that many electricity providers refuse to make their data available for comparison purposes and that restrictive contract termination conditions and the lack of a straightforward procedure for concluding contracts make switching provider difficult; calls for measures to make it easier for consumers to switch providere fact that the existing criteria for the evaluation of the Internal Energy Market are not complete and do not sufficiently take into account restrictive contract termination conditions and the lack of a straightforward procedure for switching providers;
Amendment 97 #
2013/2153(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes the view that undertakings should be required to publish information about prices and price changes in a readily understandable form and that minimum standards are needed to govern the way accounts are drawn up; emphasises the fact that the Third Internal Energy Package already obliges the Member States to ensure this;
Amendment 103 #
2013/2153(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Takes the view that information asymmetry is putting consumers at a disadvantage; calls for the introduction of legal instruments which ensure that consumers receive comprehensive information;
Amendment 106 #
2013/2153(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. TPoints out that the Third Internal Energy Package asks the Member States to undertake a cost-benefit-analysis before starting the roll-out of smart metering; reminds that this cost-benefit analysis is an obligatory prerequisite before smart metering can be introduced and that smart metering cannot be rolled out without this analysis; takes the view that where smart metering is employed priority must be given to the benefits for customers and data protection and that the relevant costs must not be passed on to consumers;
Amendment 144 #
2013/2153(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that in recent years the rights of consumers using transport services have been strengthened, but points out that local public transport has remained outside the scope of these measures;
Amendment 146 #
2013/2153(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Emphasises that high-quality, comprehensive and freely accessible local public transport constitutes a basic service which must also be made available in areas where it is less profitable; acknowledges the responsibility of Member States in that respect.
Amendment 92 #
2013/0246(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The majority of travellers buying packages are consumers in the sense of Union consumer law. At the same time, it is not always easy to distinguish between consumers and representatives of small businesses or professionals who book trips related to their business or profession through the same booking channels as consumers. Such travellers often require a similar level of protection. In contrast, lLarger companies or organisations often make travel arrangements for their employees on the basis of a framework contract with companies which specialise in the arrangement of business travel. The latter or by a business on whose behalf the traveller is travelling. This type of travel arrangements does not require the level of protection designed for consumers. Therefore, this Directive should apply to business travellers only insofar as they do not make travel arrangements on the basis of a framework contract. To avoid confusion with the definition of the term ‘consumer’ in other consumer protection directives, persons protected under this Directive should be referred to as ‘travellers’.
Amendment 105 #
2013/0246(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Other tourist services, such as admission to concerts, sport events, excursions or event parks are services that, in combination with either carriage of passengers, accommodation and/or car rental, should be considered as capable of constituting a package or an assisted travel arrangement. However, such packages should only fall within the scope of this Directive if the relevant tourist service accounts for a significant proportion of the package. Generally, the tourist service should be considered as a significant proportion of the package if its specifically referred to as such, accounts for more than 240% of the total price or otherwise represents an essential feature of the trip or holiday. Ancillary services, such as, in particular, travel insurance, transport of luggagbetween the station and the accommodation, transport at the beginning of the trip and as part of excursions, transport of luggage, the sale of ski passes, bicycle or car hire, meals and cleaning provided as part of accommodation, should not be considered as tourist services in their own right.
Amendment 114 #
2013/0246(COD)
Proposal for a directive
Recital 18
Recital 18
(18) It should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services, such as in the case of a package travel gift box, should constitute a package. Moreover, a combination of travel services should be considered as a package where the traveller's name or particulars needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed. Particulars needed to conclude a booking transaction relate to credit card details or other information necessary to obtain a payment. On the other hand, the mere transfer of particulars such as the travel destination or travel times should not be sufficient.
Amendment 131 #
2013/0246(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure consistency, it is appropriate to align the provisions of this Directive with international conventions covering travel services and with the Union legislation on passenger rights, the latter prevailing where applicable. Where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract, the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the Montreal Convention of 1999 for the Unification of certain Rules for International Carriage by Air18 , the Convention of 1980 concerning International Carriage by Rail (COTIF)19 and the Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea20 . Where it is impossible, because of unavoidable and extraordinary circumstances, to ensure the traveller's return to the place of departure, the organiser's obligation to bear the cost of the travellers' continued stay at the place of destination should be aligned with the Commission's proposal21 aimed to amend Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights22 . __________________ 18 2001/539/EC: Council Decision of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.07.2001, P. 38). 19 2013/103/EU: Council Decision of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) (OJ L 51, 23.2.2013, p. 1). 20 2012/22/EU: Council Decision of 12 December 2011 concerning the accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, with the exception of Articles 10 and 11 thereof (OJ L 8, 12.1.2012, p. 1). 21 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air - COM/2013/130 final. 22 OJ L 46, 17.2.2004, p.1. OJ L 46, 17.2.2004, p.1.
Amendment 155 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) packages and linked travel arrangements without any constitutive transport element;
Amendment 159 #
2013/0246(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) packages and assisted travel arrangements purchased on the basis of a framework contract between the traveller's employer and a trader specialising in the arrangement of businesfor a business travel or by a business on whose behalf the traveller is travelling;
Amendment 181 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 2 – point b – point v
Article 3 – point 2 – point b – point v
Amendment 194 #
2013/0246(COD)
Proposal for a directive
Article 3 – point 5 – point b
Article 3 – point 5 – point b
(b) through the procurement of additional travel services from another trader in a targeted manner through linked online booking processelinked online booking processes where the traveller's name or another form of identification of the traveller is transferred between the traders at the latest when the booking of the first service is confirmed;
Amendment 34 #
2013/0213(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Rates2a. ____________ 2a Regulation (EU) N. 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 37 #
2013/0213(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to keep abreast of technological progress and developments in legislation, the Commission should be empowered to adopt, in accordance with Article 290 of the Treaty on the Functioning of the European Union, legal acts concerning the adjustment of the requirements for the European standard listed in this Directive for the semantic data model for the core components of the electronic invoice. It is particularly important that the Commission carry out appropriate consultations as part of its preparatory work, including at experts level. When preparing and drawing up delegated acts, the Commission should ensure that the relevant documents are sent to the European Parliament and the Council simultaneously, in good time and in an appropriate manner.
Amendment 39 #
2013/0213(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Following the adoption of the new European standard by the Commission in accordance with the European standardisation procedure, the Commission should test the standard in practice. In this test phase the Commission should describe and check the application of the standard as it exists for use by an end user. The Commission should pay particular attention to user- friendliness and practicality, and calculate potential implementing costs.
Amendment 40 #
2013/0213(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) In order to ensure that small and medium-sized enterprises can also benefit from electronic invoicing in public procurement, the European standard should be easy to understand, user- friendly and easy to use.
Amendment 41 #
2013/0213(COD)
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) In the context of implementation, Member States should take into account the needs of small and medium-sized enterprises and small contracting entities and offer both contracting authorities and contracting entities and suppliers the necessary support so that the new European standard can be used. Moreover, training measures should be provided, in particular for small and medium-sized enterprises.
Amendment 47 #
2013/0213(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 48 #
2013/0213(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The Directive should require only recipients, i.e. contracting authorities, central purchasing bodies and contracting entities, to accept and process electronic invoices. In contrast, the invoicing entity should be able to choose between submitting the invoice in accordance with the European standard, in accordance with national or other technical standards or in paper format.
Amendment 49 #
2013/0213(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to allow contracting authorities and contracting entities to take the technical measures that, following the establishment of the European standard, are necessary to comply with the provisions of this Directive, a transposition deadline of 418 months is justifiedafter publication of the European standard in the Official Journal of the European Union is justified. Central government authorities and central purchasing bodies should apply the provisions of this Directive transposed by Member States within 18 months of the entry into force of this Directive. Sub- central contracting authorities and contracting entities should apply these provisions within 36 months after the entry into force of this Directive.
Amendment 51 #
2013/0213(COD)
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) A standardisation of electronic invoicing is in line with the expansion of European Union law and national and international law for electronic procurement in the Union.
Amendment 52 #
2013/0213(COD)
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) The intended use of Structural Fund resources to support the establishment of e-procurement in Europe should also promote the use of electronic invoicing for public contracts.
Amendment 59 #
2013/0213(COD)
Proposal for a directive
Article 2 – point 4 c (new)
Article 2 – point 4 c (new)
(4c) 'central purchasing bodies' means central purchasing bodies as defined in Article 2(10) of the Directive [replacing Directive 2004/18/EC];
Amendment 64 #
2013/0213(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 65 #
2013/0213(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new) – subparagraph 2 (new)
Article 3 – paragraph 1 a (new) – subparagraph 2 (new)
The Commission may dispense with the test procedure if it, or the competent standardisation organisation has already checked, during the process of drawing up the standard, as referred to in this article, that the practical application of the standard meets the relevant requirements.
Amendment 67 #
2013/0213(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. If the Commission establishes by means of an implementing act that the European standard drawn up in response to its request, as referred to in paragraph 1, meets the requirements set out in the Annex to this Directive it shall publish the references of the standard in the Official Journal of the European Union. The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 5a(3).
Amendment 68 #
2013/0213(COD)
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. The European standard for the semantic data model for the key components of an electronic invoice shall meet the stipulations of Council Directive 2006/112/EC.
Amendment 70 #
2013/0213(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Amendment 71 #
2013/0213(COD)
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b Delegated acts The Commission shall be empowered to adopt delegated acts in accordance with Article 5b in relation to changes in the requirements set out in Articles 3(2b) and 3a(1), and in the Annex to this Directive, for the European standard for the semantic data model for the key components of an electronic invoice.
Amendment 74 #
2013/0213(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a Formal objections to the European standard (1) If a Member State or the European Parliament considers that the European standard does not fully meet the requirements set out in Articles 3(2b) and 3a(1) and in the Annex to this Directive, it shall be incumbent on it to advise the Commission of its objections, submitting a detailed explanation thereof, and the Commission, after consultation with the committee referred to in Article 5a (new) or other consultation with experts in the relevant sector, shall decide: (a) to publish, not to publish, or to publish with restriction, the references of the European standard concerned in the Official Journal of the European Union, or (b) to maintain, to maintain with restriction, or to withdraw, the references of the European standard concerned in, or from, the Official Journal of the European Union. (2) The Commission shall publish information on its website on the European standard once it has been subject to the decision referred to in paragraph 1. (3) The Commission shall inform the European standardisation organisation concerned of the decision referred to in paragraph 1 and, if necessary, request the revision of the European standard concerned. (4) The decision referred to in paragraph 1(a) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 5a(2). (5) The decision referred to in paragraph 1(b) of this Article shall be adopted in accordance with the examination procedure referred to in Article 5a(3).
Amendment 77 #
2013/0213(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 79 #
2013/0213(COD)
Proposal for a directive
Article 5 b (new)
Article 5 b (new)
Amendment 80 #
2013/0213(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 418 months following the entry into forcerom the date of publication of the references of the European standard in the Official Journal of the European Union at the latest. TheyMember States shall forthwith communicate to the Commission the text of those provisionshe text of these provisions to the Commission. Member States shall apply these laws, regulations and administrative provisions to central government authorities and central procurement entities from the first day of the 19th month following publication of the references of the European standard in the Official Journal of the European Union. Member States shall apply these laws, regulations and administrative provisions to sub- central public contracting authorities and contracting entities from the first day of the 37th month following publication of the references of the European standard in the Official Journal of the European Union.
Amendment 96 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. The provisions of this Regulation are without prejudice to Directives 95/46/EC and 2002/58/EC.
Amendment 104 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Prior active consent from the eCall user must be sought regarding processing of personal data. This consent shall not take the form of inclusion in the general terms and conditions of sale.
Amendment 105 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Manufacturers shall ensure that eCall users may manually deactivate the eCall in-vehicle System.
Amendment 107 #
2013/0165(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. Personal data gathered for the purposes of this Regulation must not be transferred to third parties without active prior consent from the data subject.
Amendment 122 #
2013/0165(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
It shall apply from 1 October 20157.
Amendment 82 #
2013/0049(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Products are not likely to be used by consumers if they are intended, under reasonably foreseeable conditions, for the exclusive use by professionals and explicitly labelled and presented as such.
Amendment 87 #
2013/0049(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Products subject to Union harmonisation legislation that does not lay down essential requirements but by which or pursuant to which health and safety aspects related to the use of such products should be taken into account, should be presumed to be in compliance with the general safety requirement, provided that they comply with that legislation.
Amendment 123 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 3 – point i a (new)
Article 2 – paragraph 3 – point i a (new)
(ia) construction products on the basis of the Regulation (EU) No. 305/2011 of March 2011.
Amendment 125 #
2013/0049(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Chapters II to IV of this Regulation shall not apply to products subject to requirements designed to protect human health and safety laid down in Union harmonisation legislation or pursuant to itwhich lays down, or provides the means for laying down, the requirements that apply to those products and that are designed to protect health and safety of persons.
Amendment 141 #
2013/0049(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products. It defines the essential requirements which products must comply with in order to be placed on the European market.;
Amendment 143 #
2013/0049(COD)
Proposal for a regulation
Article 5 – introductory part
Article 5 – introductory part
For the purpose of this Regulation, a product shall be presumed to be in compliance with the general safety requirement laid down in Article 4safe in the following cases:
Amendment 145 #
2013/0049(COD)
Proposal for a regulation
Article 5 – point a
Article 5 – point a
(a) as regards the risks covered by requirementsUnion harmonisation legislation designed to protect human health and safety laid down in or pursuant to Union harmonisation legislation, if it conforms to those requirementsof persons if it conforms to the requirements laid down in or by means of such Union harmonisation legislation;
Amendment 149 #
2013/0049(COD)
Proposal for a regulation
Article 5 – point c
Article 5 – point c
(c) in the absence of requirements laid down in or pursuant to Union harmonisation legislation referred to in point (a) and European standards referred to in point (b), as regards the risks covered by health and safety requirements laid down in the law of the Member State where the product is made available on the market, if it conforms tomplies with such national requirementsules provided they are in accordance with Union law.
Amendment 162 #
2013/0049(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point d
Article 6 – paragraph 1 – subparagraph 1 – point d
(d) the categories of consumers at risk when using the product, in particular vulnerable consumer under reasonably foreseeable conditions, in particular vulnerable consumers such as children, the elderly and the disabled, while taking into account vulnerability due to specific product categories;
Amendment 212 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Article 8 – paragraph 4 – subparagraph 1 – introductory part
Proportionate to the possible risks of a product, manufacturers shall draw up a technical documentation for categories of products. The technical documentation shall contain, as appropriate:
Amendment 215 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point a
Article 8 – paragraph 4 – subparagraph 1 – point a
(a) a general description of the product category and its essential properties relevant for assessing the product's safety;
Amendment 218 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point b
Article 8 – paragraph 4 – subparagraph 1 – point b
(b) an analysis of the possible risks related to the product category and the solutions adopted to eliminate or mitigate such risks, including the outcome of any tests conducted by the manufacturer or by another party on his behalf;
Amendment 220 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 1 – point c
Article 8 – paragraph 4 – subparagraph 1 – point c
(c) where applicable, a list of the European standards referred to in point (b) of Article 5 or health and safety requirements laid down in the law of the Member State where the product iss are made available on the market referred to in point (c) of Article 5, or other aspects referred to in Article 6(2), applied to meet the general safety requirement laid down in Article 4.
Amendment 223 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Manufacturers shall keep, for a period of ten years after the product has been placed on the market, the technical documentation and make it available to the market surveillance authorities, uponwhether in electronic form or not, upon reasoned request.
Amendment 236 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, the information will be provided on its packaging or in a document accompanying the product or on a website clearly indicated on the product or its packaging or accompanying documents. The address must indicate a single point at which the manufacturer can be contacted.
Amendment 240 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
Manufacturers shall ensure that their product is accompanied by instructions and safety information in a language or in such a way which can be easily understood by consumers, as determined by the Member State in which the product is made available, except where the product can be used safely and as intended by the manufacturer without such instructions and safety information.
Amendment 253 #
2013/0049(COD)
Proposal for a regulation
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
9a. Manufacturers shall ensure that they have procedures in place for taking corrective action, withdrawing or recalling their products and make them available to the market surveillance authorities, upon request.
Amendment 292 #
2013/0049(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Distributors shall ensure that they have procedures in place for taking corrective action, withdrawing or recalling their products and make them available to the market surveillance authorities, upon request
Amendment 318 #
2013/0049(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 334 #
2013/0049(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The system of traceability shall include facilities to extend traceability of products out to the consumer through voluntary opt-in measures.
Amendment 96 #
2013/0048(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down a framework for verifying that products placed or made available on the market meet requirements which safeguard, at a high level, the health and safety of persons in general, health and safety in the workplace, consumer protection, the environment, public security, a level-playing field among market operators and other public interests.
Amendment 107 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 12 a (new)
Article 3 – paragraph 1 – point 12 a (new)
(12a) 'Non-compliant product' means a product which is not in conformity with the requirements laid down in Union harmonisation legislation that applies to it;
Amendment 109 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘product presenting a safety risk’ means a product havingwhich has the potential to affect adversely health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements;
Amendment 115 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13 c (new)
Article 3 – paragraph 1 – point 13 c (new)
(13c) 'product presenting a regulatory risk' means a product which fails to comply with applicable Union legislation;
Amendment 122 #
2013/0048(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘Union harmonisation legislation’ means Union legislation harmonising the conditions for the marketing of products; it defines the essential requirements which products must comply with in order to be placed on the Union market;
Amendment 124 #
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 that are not compliant with the applicable Union legislation and which presenting a risk are not made available on the Union market and, where such products have been made available, effective and proportionate measures are taken to remove the risk presented by the product or to put an end to its non-compliance.
Amendment 145 #
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 170 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point c c (new)
Article 6 – paragraph 5 – point c c (new)
(cc) Verify the compliance of products with the applicable Union legislation.
Amendment 171 #
2013/0048(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point c d (new)
Article 6 – paragraph 5 – point c d (new)
(cd) be encouraged to participate in national standardisation activities aimed at the development or revision of standards requested by the Commission in accordance with Article 10 of Regulation (EU) No 1025/2012.
Amendment 188 #
2013/0048(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. On request and without prejudice to Articles R2(9), R4(9) and R5(5) of Annex I of Decision 768/2008/EC, economic operators and, where applicable, conformity assessment bodies, shall make available to market surveillance authorities any documentation and information that those authorities require for the purpose of carrying out their activities, in a language which can be easily understood by them.
Amendment 202 #
2013/0048(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Procedures for dealing with non- compliant products or Products presenting a risk
Amendment 205 #
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 or is otherwise not compliant with the applicable Union legislation, they shall carry out a risk assessmentn evaluation in relation to that product taking account of the considerations and criteria set out in Article 13.
Amendment 210 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
Amendment 214 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 244 #
2013/0048(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 253 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Where market surveillance authorities consider that a product presents a serious risk and the economic operator cannot be identified or is unwilling to take the necessary measures, they shall take all necessary measures and may do so without first requiring the economic operator to take corrective action pursuant to Article 9(3) and without giving the operator the opportunity to be heard beforehand. In such cases the economic operator shall be heard as soon as practicable.
Amendment 256 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Market surveillance authorities shall, without undue delay, 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 261 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. Market surveillance authorities may charge fees on economic operators which are caught placing or making available non-compliant products and products presenting a risk on the Union market. Such fees should wholly or partly cover the costs of their activities, including testing carried out for the risk assessment, where they take measures in accordance with paragraphs 1 or 4.
Amendment 263 #
2013/0048(COD)
Proposal for a regulation
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8a. Where a product is found to be non- compliant for which an outside body was tasked with carrying out parts of the conformity assessment procedure, the market surveillance authority concerned should act to review and, where necessary, limit or rescind that body's accreditation, licence or appointment.
Amendment 269 #
2013/0048(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. On the basis of the results of the evaluation conducted pursuant to paragraph 3, the Commission mayshall decide by implementing acts within 3 months whether the national measures are justified and similar measures should be taken by all Member States that have not already done so. In this case, it shall address the decision to the Member States concerned and immediately communicate it to all Member States and the relevant economic operator or operators.
Amendment 291 #
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 with the criteria referred to in points (b) and (c) of paragraph 2, the product presents a serious risk. In that case the market surveillance authorities shall demonstrate that the product presents a serious risk and notify its decision pursuant to Article 19.
Amendment 312 #
2013/0048(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Market surveillance authorities mayshall charge fees on economic operators declaring the non-compliant products and products presenting a risk for free circulation which wholly or partly cover the costs of their activities, including testing carried out for the risk assessment, where they take measures in accordance with paragraph 1.
Amendment 318 #
2013/0048(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission shall maintain the system for rapid exchange of information (RAPEX). Member States shall use RAPEX for exchanging information about products presenting a riskserious risk to the health and safety of consumers in accordance with this Regulation.
Amendment 325 #
2013/0048(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
Notification through RAPEX of products presenting a serious risk
Amendment 328 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point a
Article 20 – paragraph 1 – subparagraph 1 – point a
(a) any corrective action taken by economic operators pursuant to Article 9(3);
Amendment 332 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 – point c a (new)
Article 20 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) the arguments put forward by the relevant economic operator.
Amendment 345 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. On receiving a notification, the Commission shall communicate it towithout delay to the economic operator and the other Member States. If the notification does not satisfy the requirements set out in paragraphs 1, 2 and 3, the Commission may suspend it.
Amendment 349 #
2013/0048(COD)
Proposal for a regulation
Article 20 – paragraph 5 a (new)
Article 20 – paragraph 5 a (new)
5a. It shall be possible to update the information related to a product notified to the RAPEX system.
Amendment 351 #
2013/0048(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 – introductory part
Article 21 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall maintain an information and communication system for market surveillance (ICSMS) for the collection and structured storage of information on issues relating to market surveillance,. Member States shall collect and enter in ICSMS in particular the following information:
Amendment 352 #
2013/0048(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1 a (new)
Article 21 – paragraph 1 – subparagraph 1 a (new)
The Commission shall provide an interface solution through which ICSMS can be connected to RAPEX for data interchange between these systems, when appropriate.
Amendment 385 #
2013/0048(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 1 #
2012/2260(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that better governance of the Single Market provides enormous opportunities for trade, investment and utilization of labourthe labour market and could significantly improve the prospects for local and regional growth;
Amendment 4 #
2012/2260(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that local and regional actors perform many duties that are affected by EU legislation on the Single Market especially in the field of public procurement, state aid, and services of general economic interest and concessions;
Amendment 17 #
2012/2260(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that cohesion policy can ensure faster convergence through integration and greater connectivity in the Single Market; to achieve this, the policy should continue to focus on addressing market failures and ensure that regions make full use of their development potential in the context of European economic integration;
Amendment 22 #
2012/2260(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Considers any conditionality clauses in Structural Funds to reward the Member States most disciplined inbe useful, and believes that the timely transposingtion of Single Market directives undesirable and believes that using the leverage of EU financial support to provide incentives for the timely transposition of Single Market rules would be inequitablrules makes EU financial support more effective.
Amendment 44 #
Amendment 45 #
2012/2260(INI)
Motion for a resolution
Recital Z a (new)
Recital Z a (new)
Za. whereas the Single Market Acts form part of the efforts to strengthen the governance of the Single Market by improving and better coordinating especially the pre-legislative phase;
Amendment 46 #
2012/2260(INI)
Motion for a resolution
Recital Z b (new)
Recital Z b (new)
Zb. whereas the Single Market Act constituted an important cross-cutting strategy to remedy major remaining shortcomings of the Single Market; whereas this action plan horizontally determined concrete legislative and non- legislative measures with the capacity to unleash unused growth potentials and remove obstacles to the Single Market;
Amendment 47 #
2012/2260(INI)
Motion for a resolution
Recital Z c (new)
Recital Z c (new)
Zc. whereas the Single Market Act II continues this approach by identifying integrated networks, the mobility of citizens and businesses, the digital economy and social entrepreneurship together with consumer confidence as the four axes for future growth; whereas Parliament, Council and Commission should thoroughly assess each of the envisaged measures and their potentials to achieve a highly competitive social market economy and work on a swift adoption and implementation;
Amendment 48 #
2012/2260(INI)
Motion for a resolution
Recital Z d (new)
Recital Z d (new)
Zd. whereas future horizontal approaches should look into the completion of the digital Single Market in order to allow citizens to fully benefit from digital solutions and ensure the competitiveness of businesses in the Union;
Amendment 4 #
2012/2144(INI)
Motion for a resolution
Recital A
Recital A
A. whereas our single market is the highway out of the crisisan essential dimension of the European construction process, but will not be in itself a pathway out of the crisis if it is not accompanied with a consistent strategy for an ecological transformation of the European economy in line with the EU2020 strategy;
Amendment 25 #
2012/2144(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that the EU could make a GDP gain of 2.6% in 5-10 years if Member States were ready to implement the Services Directive properly and fully and remove unnecessary restrictionsimpact of the services directive has so far been disappointing compared to the expectations raised; notes that the Commission's estimate of the GDP gain that the EU could make is, under realistic scenarios, between 0.8% and 1.2% in 5-10 years, and could reach 2.6% only under a scenario close to the abolishment of almost all restrictions, which is neither realistic nor compatible with the need for public authorities to regulate the services market for reasons of public interest;
Amendment 50 #
2012/2144(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. RegretConsiders that Member States are often usingshould be able to use overriding reasons of public interest (Article15 of the Services Directive) whenever they are justified by objective reasons and the measures proposed are a proportionate means to meet the objective pursued, and not to protect and favour their domestic market; highlights the fact that burdensome legal- form and shareholder requirements, and territorial restrictions, economic needs tests and fixed tariffs create unjustified obstacles to cross-border establishment;
Amendment 69 #
2012/2144(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Asks the Member States to make greater use of mutual recognition to facilitate free movement of services, wherever harmonised rulConsiders that in order to facilitate free movement of services, minimum harmonisation at EU level is preferable to the application of mutual recognition by Member States, are not yet in placend should therefore in principle be put in place where they do not exist;
Amendment 71 #
2012/2144(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 87 #
2012/2144(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the fact that, where properly enforced, the Services Directive has broughtin order to maximise concrete results in terms of jobs and growth; supports, therefore, the exchange of best practices between Member States should be supported, including innovative solutions between competent authorities in border regions;
Amendment 94 #
2012/2144(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that competent regional and local authorities must alsthe implementation of the Services Directive has created considerable administrative burden for competent regional and local authorities, and that simplification measures are therefore desirable in order for them to take their shared responsibility for full and qualitative enforcement beyond the letter of the directive, with the overall aim of stimulating economic activity;
Amendment 102 #
2012/2144(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Highlights the fact that overriding reasons of public interest are too oftensometimes invoked in a way that damages the internal market for services; regrets that the proportionality assessment is rarely made; asks the Commission to clarify the concept of proportionality and issue practical guidance to the Member States on how to apply itconsiders that the ECJ caselaw regarding the invocation of overriding reasons of general interest must be fully respected;
Amendment 13 #
2012/2103(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the transition to a low- carbonenergy- efficient economy is an opportunity not only for sustainability but also for the security of supply and competitiveness in Europe, and that reducing greenhouse gas emissions can be a competitive advantage in the growing global market for energy- related goods and services; underlines this as an opportunity for European SMEs operating on the renewable energy market;
Amendment 40 #
2012/2103(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Acknowledges the Union's commitment to reducing greenhouse gas emissions by 80-95% below 1990 levels by 2050; underlines the need for urgent action at local, regional, national, international and global levels to adequately address the task of limiting global average surface temperature increases to less than 2 degrees centigrade in order to prevent further dangerous climate change;
Amendment 45 #
2012/2103(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Believes that the financial crisis should be used as an opportunity to transform our development model of society towards a highly energy efficient, fully renewable based and climate resilient economy; underlines the need for the Commission to come forward with proposals for a 2030 energy and climate package based on the current three pillars. i.e. greenhouse gases, renewable energies and energy efficiency;
Amendment 48 #
2012/2103(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Emphasises that greater attention to energy usage is essential in order for the energy system transformation to become a reality; stresses the need to give a higher priority to demand-side management so as to ensure the deployment of technologies and systems at end-users side achieving the energy transition at a affordable and sustainable cost for the society;
Amendment 9 #
2012/2037(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls, nevertheless, for supervisory authorities to require financial institutions to provide consumers with personalised, complete and easily understandable information regarding the risks involved in foreign currency lending and the impact on instalments of a severe depreciation of the legal tender of the Member State in which a consumer is domiciled and of an increase in the foreign interest rate; considers that this information should be included in advertising concerning consumer credit agreements in foreign currency, in pre- contractual information and in consumer credit agreements.
Amendment 99 #
2012/0283(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Where, for radio equipment, the essential requirements set out to in this Article are wholly or partly laid down more specifically in other Union legislation, this Directive shall not apply, or shall cease to apply, to that radio equipment in respect of such requirements from the date of implementation of that Union legislation.
Amendment 74 #
2012/0192(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 12
Article 2 – paragraph 2 – point 12
(12) ‘'Substantial modification’': any change to any aspect of the clinical trial, including early termination of the clinical trial and change in number of subjects participating in the trial, which is made after notification of the decision referred to in Articles 8, 14, 19, 20 and 23 and which is likely tocould have a substantial impact on the safety or rights of the subjects, or on the reliability and robustness of the data generated in the clinical trial;, i.e. change the interpretation of the scientific documents used to support the conduct of the clinical trial, or if the modifications are otherwise significant.
Amendment 84 #
2012/0192(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 30 a (new)
Article 2 – paragraph 2 – point 30 a (new)
(30a) 'Clinical study report': a report containing the full protocol and its eventual subsequent modifications, a statistical analysis plan, summarised efficacy and safety data on all outcomes, and individual anonymised patient data in the format of tabulations or listings.
Amendment 89 #
2012/0192(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a An authorisation for a proposed clinical trial by a competent authority of a Member State must be taken after the approval by the concerned ethics committee.
Amendment 110 #
2012/0192(COD)
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The assessment report shall be submitted through the EU portal and be made publically available.
Amendment 126 #
2012/0192(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2 – point b a (new)
Article 8 – paragraph 2 – subparagraph 2 – point b a (new)
(ba) refusal of the Ethics Committee to approve the conduct of the clinical trial in the Member State concerned
Amendment 128 #
2012/0192(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2 – point b b (new)
Article 8 – paragraph 2 – subparagraph 2 – point b b (new)
(bb) infringement of more comprehensive national legislation for clinical trail subject protection, particularly regarding vulnerable persons
Amendment 137 #
2012/0192(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The sponsor may withdraw the application at any time until the assessment date. In such a case, the application may only be withdrawn with respect to all Member States concerned. A record of withdrawn applications shall remain in the EU data based and reasons for each withdrawal shall be given.
Amendment 141 #
2012/0192(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
A substantial modification may only be implemented if it has been approved in accordance with the procedure set out in this Chapter and if it has been previously approved by an independent Ethics Committee.
Amendment 172 #
2012/0192(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
Within one year from the end of a clinical trial, the sponsor shall submit to the EU database a summary of the results of the clinical trial and a clinical study report.
Amendment 175 #
2012/0192(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. For the purpose of this Regulation, if a suspended or temporarily halted clinical trial is not restarted, the date of the decision of the sponsor not to restart the clinical trial shall be considered as the end of the clinical trial. In the case of early termination, the date of the early termination shall be considered as the date of the end of the clinical trial. After 12 months' of temporary halt, the clinical trial data shall be made publically accessible, even if incomplete.
Amendment 65 #
2012/0169(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b – point iv a (new)
Article 8 – paragraph 2 – point b – point iv a (new)
Amendment 15 #
2012/0060(COD)
Proposal for a regulation
–
–
The Committee on Internal Market and Consumer Protection calls on the Committee on International Trade, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 109 #
2012/0027(COD)
Proposal for a regulation
Article 83 - paragraph 2
Article 83 - paragraph 2
2. Where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred, aAn economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in Article 22(b) and (c)
Amendment 5 #
2011/2175(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that food waste represents anot only economic costs, but has also ethical, environmental, social, nutritional and health implications and poses an internal market challenge for both business and consumers;
Amendment 16 #
2011/2175(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Asks the Commission to clarify food date labelling (‘Best before’, ‘Use by’) in order to reduce uncertainty regarding food edibility, and to assess and encourage measures such as dual-date labelling; urges the Commission to prioritise all aspects of food wastage within the European policy agenda; invites the Commission to take practical measures in order to half food waste by 2025;
Amendment 19 #
2011/2175(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Invites the Commission to consider possible amendments to the public procurement rules especially on catering services in order to better take into account the problem of food wastage;
Amendment 26 #
2011/2175(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on stakeholders to continue to take shared responsibility; encourages them to enhance coordination along the food supply chain and to improve logistics, stock management and packaging to tackle food wastage along the entire supply chain; believes that discount offers should to a greater extent target excess stock and food near expiry as well as damaged food; emphasises the need to reduce packaging and to offer more bulk goods;
Amendment 29 #
2011/2149(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Commission and national enforcement authorities need to step up their efforts to achieve the objective of a high level of consumer protection, bearing in mind that the effectiveness of public market surveillance and enforcement is key in deterring illegal and unsafe products from being sold in Europe,
Amendment 50 #
2011/2149(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights the numerous challenges facing the Consumer Agenda: making sure private consumption becomes more sustainable, reducing levels of inequality between consumers, reducing consumers' exposure to hazardous chemicals and unsafe products and protecting children from advertising;
Amendment 63 #
2011/2149(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that, given the enormous increase in e-commerce, consumers' confidence in cross-border online purchasing arrangements needs to be increased by guaranteeing their rights on the internet as well; consumers should be ensured to have a right to software interoperability
Amendment 69 #
2011/2149(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the need to ensure a more consumer-oriented balance when it comes to internet use and intellectual property rights, full respect of citizens' fundamental rights regarding access to the internet, as well as personal data and privacy protection;
Amendment 123 #
2011/2149(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
58 14. Stresses the urgent need to increase the general standard of safety of consumer products in the EU, as consumers are confronted daily with cocktails of chemicals which are carcinogenic or disruptive to the hormonal system; underlines that there is vital and pressing need to address chemicals in consumer articles in a consistent manner, through a European regulatory framework;
Amendment 128 #
2011/2149(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to adapt EU legislation to take into account so-called cocktail effects of chemicals and in particular, to provide further studies on the health risks of parabens; and other endocrine disrupting chemicals; 60
Amendment 146 #
2011/2149(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
67 19a. Calls on the Commission to ensure the validity of claims related to the use of nano particles in products and to take actions to ensure that the use of nano- scale particles in products on the European market does not pose health and safety risks to consumers;
Amendment 169 #
2011/2149(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
78 24. Calls on the Commission to address the issue of how private consumption can become more sustainable in order to promote a low-carbon economy, in keeping with the objective set in the Europe 2020 strategy; special attention should be paid to smart energy systems: the use of new technologies should enable all users of the network to participate in the internal energy market in order to save energy and reduce or mitigate the costs of energy, while safeguarding the supply of energy to vulnerable consumers;
Amendment 172 #
2011/2149(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that consumers should be helped to make sustainable choices through appropriate environmental labelling schemes on products; such schemes should be based on simple colour-graded scale and enable consumers to make informed choices; carbon footprint labels that rely exclusively on numerical values of CO2 emissions ought to be avoided but carbon emissions should, where relevant, nevertheless provide a starting point for the development of ecolabels associated with independent, third-party verification such as the EU Ecolabel
Amendment 23 #
2011/2083(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Is concerned that today the different national interpretations and requirements of the existing European customs legislation imposed by Member States create red tape for business and weaken the EU’s ability to administer an efficient risk based approach to compliance; therefore insists that the Commission takes all necessary actions to ensure a seamless and harmonised enforcement of the current applicable European customs legislation across the EU.
Amendment 25 #
2011/2083(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Calls for the Commission to provide by June 2012 a report to the European Parliament on the current status of compliance by the Member States to the current applicable European customs legislation including an action plan to address any shortcomings identified; the industry should be consulted by the Commission when performing this task;
Amendment 27 #
2011/2083(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is of the opinion that, in order to increase European economic competitiveness, simplification, standardisation and modernisation of customs legislation and procedures and the use of IT tools are paramount; considers that one of the major achievements of modernised customs iswill be predictability for business, especially for SMEs, which in turn stimulates economic growth;
Amendment 36 #
2011/2083(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Insists that any future extension of supply chain security legislation within the EU must follow a full risk based approach, targeting only higher risk consignments for both documentary and physical evaluation;
Amendment 68 #
2011/2083(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Welcomes the intention of the Commission to introduce simplifications of procedures in the area of imports and exports;
Amendment 69 #
2011/2083(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls on the Commission in future, in the context of 'local clearance procedures', to dispense with individual notifications and to provide for goods to be released without the involvement of the customs authorities, in order to ensure that procedures operate smoothly, particularly in the case of just-in-time consignments;
Amendment 70 #
2011/2083(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Urges that the existing duty thresholds and derogations in respect of customs applications for the smallest consignments in import and export trade in many Member States be retained and standardised across the EU, for example up to an amount of EUR 1 000, and included in the area of pre-arrival and pre-departure notifications;
Amendment 76 #
2011/2083(INI)
Motion for a resolution
Paragraph 16 i (new)
Paragraph 16 i (new)
16i. Supports the implementation of list rules in the area of non-preferential origin only for special cases, which should be regarded as exceptions; calls for the established rules as currently laid down in Annexes 10 and 11 to the Regulation implementating the Customs Code to be retained and for there not to be any further extension of list-based criteria to other products, so as to prevent the administrative burden on customs authorities and economic operators from being clearly added to without any compensating economic benefits;
Amendment 77 #
2011/2083(INI)
Motion for a resolution
Paragraph 16 j (new)
Paragraph 16 j (new)
16j. Considers that complex list-based criteria cannot make up for the dropping of the current Article 25 of the Community Customs Code; does not agree with the Commission's assessment that there is a greater need for more legal certainty on the part of economic operators, which the introduction of list-based criteria would address; advocates, therefore, a reference to the respective regulation establishing a commercial policy measure, in which rules on determining origin in special cases, for example anti-dumping, can be laid down in line with requirements;
Amendment 87 #
2011/2083(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 95 #
2011/2083(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Considers that all Member States should have formal mechanisms in place for transparent dialogue between Customs Administrations and the private sector;
Amendment 104 #
2011/2083(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 7 #
2011/2051(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that Europe and its regions need a new, strong CAP that will boost development and improve competitiveness on the international market, will be more market-oriforward-looking rural developmented and will take account of public goods including food secur, first and foremost, food security, food quality, biodiversity conservation, resound waterrce-efficient water, soil and forest management and sustainable development based on education and knowledge, as well as driving cohesion;
Amendment 11 #
2011/2051(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it important to state that rural development measures must be understood in a comprehensive rather than a sector-based way, as embracing the economic, social and infrastructural improvement of rural areas;
Amendment 15 #
2011/2051(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Takes the view that the award of funding for rural development must be better coordinated with regional policy; calls for an integrated strategy for local services, markets and employment opportunities; calls, in this regard, for local players to be involved, for partnerships to be more intensively pursued and for multi-level governance to be strengthened; is convinced that this would also promote simplification and minimise administrative outlay;
Amendment 18 #
2011/2051(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Points out that municipal authorities with real powers at local level or supra- local level provide a guarantee of successful participation by local civil society, in keeping with the Leader approach; notes that, in all the EU Member States, local authorities are the first tier of the state with which citizens come into contact and calls, therefore, for rural development measures to include provision for strengthening the capacity of urban and rural municipalities and the relevant regional bodies actively to shape development at the local and supra-local levels;
Amendment 19 #
2011/2051(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 44 #
2011/2051(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to the demographic challenges that are particularly acute for rural areas; considers it important, in this regard, that demographic change should be managed and that rural areas should be more made more attractive to young people; stresses the need to safeguard access to innovative services and infrastructure in order to facilitate effective economic, social and cultural participation, and urges that rural areas be seen as integral to urban-rural relationships so that balanced development can be ensured;
Amendment 54 #
2011/2051(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the potential of regions and rural areas is not confined to the natural resources that enable them to play a social and economic role, given that such areas are first and foremost a place where the food required in order to ensure food security is produced and that they provide key raw materials for industry and renewable energy generation on a sustainable basis, as well as constituting a source of environmental, ecological, landscape and tourism assets and non- material assets including traditions and cultural features such as culinary heritage in the form of regional products; takes the view that local economies and decentralised patterns of consumption should be reinforced;
Amendment 63 #
2011/2051(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out that the current rules for the allocation of second-pillar funding were agreed on the basis of the cohesion criterion, i.e. the agricultural and rural development disparities existing between individual Member States and regions; believes, in view ofRecognises that rural development policy, unlike regional policy, has the advantage of not being tied to specific areas of the map and that it is thus better suited to becoming a strong and visible tool for the fact that those disparities still exist, that the current criteria and funding arrangements for rural development should be retained, in particular in the context of expanding the second pillar to take account of the Europe 2020 strategy objectives; points out that this will require appropriate coordination and distribution of tasks between the CAP and cohesion polichievement of European objectives across the entire territory; sees this as contingent on the standardisation of certain ERDF and EAFRD rules so as not to give rise to any unnecessary duplication of administrative outlay on the part of users or to place unnecessary obstacles in their way.
Amendment 1 #
2011/2048(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the changes introduced by the Lisbon Treaty regarding public services, notably the Protocol 26 on services of general interest that calls for a high level of quality, safety, access and user rights and acknowledges explicitly the right to regional and local self- government,
Amendment 3 #
2011/2048(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Takes the view that public procurement practices play an important role in the efficiency of public spending and also in the impact of public investment on the economy, particularly on sustainable growth and innovation, all of which are overarching aims of cohesion policy; points out that public procurement should not follow the lowest price principle but take into account the sustainable and economic most advantageous tender including life-cycle-cost;
Amendment 9 #
2011/2048(INI)
Motion for a resolution
Recital A
Recital A
A. whereas a properly functioning procurement market is of essential importance with a view to fostering the single market, stimulating competition and innovation, promoting a high level of environmental and climate protection and socials well as quality of work, social cohesion and inclusion, and achieving optimal value for citizens, businesses and taxpayers,
Amendment 13 #
2011/2048(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas European public procurement rules have contributed substantially to increase transparency and equal treatment, to fight against corruption and to professionalise the procurement process;
Amendment 17 #
2011/2048(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Amendment 24 #
2011/2048(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that public procurement rules have become overly complex and too detailed, leading to costly and burdensome administrative procedures; recommends simplification as far as possible, with clarifications where necessary; points out that the increased use of information technology will also play a major role in reducing administration and costs, and that European initiatives on e-procurement should therefore be alignedconsidered in conjunction with the reform of the procurement rules;
Amendment 32 #
2011/2048(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to effectively address the serious failures to comply with public procurement rules repeatedly identified by the Court of Auditors in the implementation of projects under the ERDF and the Cohesion Fund, which account for 43 % of all quantifiable errors according to the Court'’s Report for 2009; stresses the need for legal clarification of the directives in order to avoid further failures in applying the public procurement rules;
Amendment 39 #
2011/2048(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls its resolution of May 2010 on recent developments in public procurement, which took note of the ECJ case-law and took the view that public- public cooperation was not subject to public procurement rules as long as the following criteria were met: that the purpose of the partnership was the provision of a public-service task conferred on all the local authorities concerned and that the task was carried out solely by the public authorities concerned, i.e. without the involvement of private capital, transfer of competences between public sector organizations is a matter of the internal administrative organization of the Member States and not subject to procurement; underlines that those clarifications should be codified in the procurement directives;
Amendment 41 #
2011/2048(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Asks the Commission to simplify the procedural framework as a whole by avoiding exceptions and derogations to be applied by contracting authorities and to clarify the uncertainties expressed by the latter on awards below the thresholds of the directives as well as public-public cooperation.
Amendment 72 #
2011/2048(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that, in order to develop the full potential of public procurement, the criterion of the lowest price should be removed, and that in principle there should be only one option for the award of contracts: the most economically advantageous tender – including the entire life-cycle costs of the relevant goods, services or works – should be chosenmost economically advantageous offer including the entire life-cycle cost of the relevant goods, services or works should be the principle, following the apply or explain principle which means either you follow this principle or you have to explain publicly why you have chosen another criteria; asks the Commission to develop a methodology for the calculation of life-cycle costs on a broad basis;
Amendment 85 #
2011/2048(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Takes the view that public procurement should contribute to achieving quality jobs with good wages and working conditions, equality and high levels of skills and workers participation;
Amendment 97 #
2011/2048(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the fact that whether or not a product or service has been sustainably produced is rightly considered to be a characteristic of the product which can be used as a criterion for comparison with products or services that have not been sustainably produced as to enable contracting authorities to control the environmental and social impact of contracts awarded by them in an transparent way but on the same time not to weaken the necessary link to the subject matter of the contract; points out that the scope for including requirements regarding the production process in the technical specifications for all types of contracts should be clarified; points to the Wienstrom case, which has become the classic example of how and why production characteristics can be categorised as technical specifications;
Amendment 101 #
2011/2048(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines the need to strengthen the sustainability dimension of public procurement by allowing this to be integrated at each stage of the procurement process (i.e. ability test, technical specifications, contract performance clauses);
Amendment 105 #
2011/2048(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Notes the importance of standards for public procurement in that they can help public procurers to meet their policy objectives in an effective and transparent way, calls in that respective for the development of a frequently updated database of standards, especially those relating to environmental and social criteria, to be made available to public authorities, in order to ensure that procurers have access to appropriate guidance and a clear set of rules when drawing up tenders, so that they can easily verify their compliance with the relevant standard;
Amendment 107 #
2011/2048(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Points out that increased awareness of the environmental and climate impact of products and activitigoods, works and services means that the possibility for public authorities to favour local suppliers should be considered, and the extent to which internal market rules allow this examined;
Amendment 115 #
2011/2048(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Asks for a proper examination of the significant thresholds as well as the advantages and disadvantages of an aggregation of demand – especially in the view of giving SMEs’ ready access to public procurement;
Amendment 119 #
2011/2048(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Asks for more space for negotiation and communication combined with measures to assure transparency and to prevent abuse and discrimination. Market consultation should be explicitly allowed as a possible first step;
Amendment 159 #
2011/2048(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets that tenderers have only limited opportunities to rectify omissions in their bids; asks the Commission, therefore, to elaborate on what omissions may be rectified by bidders and what additional adjustments are allowed and on how to guarantee transparency and equal treatment;Does not affect the English version.
Amendment 162 #
2011/2048(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that the contracting authorities should have the possibility to benefit from previous experience with a tenderer on the basis of, with an official evaluation report; recommends setting and a time limit for exclusions, which; this should guarantee transparency and objectivity;
Amendment 191 #
2011/2048(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Proposes that self-declarations be allowed where feasible, and that original documents be requested only from the shortlisted candidates or the successful tenderer; asks the Commission to promote the option of a ‘procurement passport’, preferably in the form of a standardised electronic registration system at national level, since a passport of this kind would demonstrate that an operator has the declarations and documentation that are requested; believes that this would save considerable time and costs; underlines that a European pre-qualification system could be a helpful instrument if it is kept simple, cheap and easily accessible for SMEs;
Amendment 199 #
2011/2048(INI)
Motion for a resolution
Title after paragraph 22 (new)
Title after paragraph 22 (new)
Fifth Task: ensuring sound procedures and avoiding unfair advantages;
Amendment 200 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Points out that combating corruption and favouritism is one objective of the directives; underlines that Member States face different challenges in this area and a more elaborate European approach bears the risk to undermine the efforts to streamline and simplify the rules but create new bureaucracy; points out that the principles of transparency and competition are key in combating corruption; asks for a common approach on self-cleaning measures to avoid market distortion and ensure legal certainty for economic operators and contracting authorities alike;
Amendment 201 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Takes the view that, since public contracts concern public funds, they should be transparent and open to public scrutiny; asks the Commission for clarification with a view to ensuring legal certainty for local and other public authorities and enabling them to inform citizens of their contractual obligations;
Amendment 202 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the Commission to assess the problems associated with extraordinary low bids and to propose appropriate solutions; recommends contracting authorities to provide for early and sufficient information to other bidders in cases of abnormally low bids in order to allow them to assess if there is ground for initiating a review procedure; asks for a better coherence between the common external trade policy of the EU and practices in Member States accepting exceptionally low bids.
Amendment 203 #
2011/2048(INI)
Motion for a resolution
Title after paragraph 22 (new)
Title after paragraph 22 (new)
Sixth Task: Expanding the use of e- Procurement
Amendment 204 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Welcomes the Commission Green Paper on expanding the use of e- Procurement; points out that the e- Procurement action plan has failed to achieve its goal and that more political leadership at all levels of government – including EU – is needed to maintain and accelerate the transition to e- Procurement;
Amendment 205 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Underlines that the Commission has a unique role to play in promoting standardisation and infrastructure issues, e-Signatures and time-stamps for example need a commonly agreed format for security purposes; asks the Commission to develop the common standards in question; emphasises that onerous technical requirements for bidder authentification can act as barriers to operators;
Amendment 206 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 f (new)
Paragraph 22 f (new)
22f. Underlines that to ensure interoperability of different systems and avoid vendor lock-in, open standards and technology neutrality must be observed; asks the Commission to assure real interoperability between the different platforms for e-Procurement which already exist in Member States;
Amendment 207 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 g (new)
Paragraph 22 g (new)
22g. Points out that any legislative proposals to expand and simplify the use of e-Procurement should be integrated into the review of the main Public Procurement Directives and be in line with the scope and the general public procurement rules such as obligations linked to thresholds;
Amendment 208 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 h (new)
Paragraph 22 h (new)
Amendment 209 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 i (new)
Paragraph 22 i (new)
22i. Points out that the legislation is not the only key to promote changes; asks therefore the Commission to explore new ways to exchange experiences, share best practices and transfer knowledge across borders among local and regional actors; highlights that there is a strong need to further build the capacity and understanding of staff dealing with e- Procurement as well as to assist SMEs in knowledge and capacity building via national and/or EU incentives to secure a "level playing field" between SMEs and large enterprises;
Amendment 210 #
2011/2048(INI)
Motion for a resolution
Paragraph 22 j (new)
Paragraph 22 j (new)
22j. Welcomes the announcement in the European Commission’s eGovernment Action Plan 2011-2015 to develop the epractice.eu platform into an effective tool for the exchange of experience and information for Member States and eGovernment practitioners and strongly advocates for extending the scope to local and regional practitioners; welcomes EU initiatives such as PEPPOL and e- CERTIS;
Amendment 4 #
2011/2027(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks the Commission to bring more transparency into infringement procedures and to inform citizens as soon as possible and in an appropriate way about the follow-up of their requests;
Amendment 6 #
2011/2027(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Is concerned about high numbers of infringements in the fields of recognition of professional qualifications, services and public procurement; welcomes the initiative of the Commission for a revision of the directives on mutual recognition of professional qualifications und public procurement to solve legal uncertainties;
Amendment 58 #
2011/2024(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Ask for further clarification of the proposed prolongation of the general education as an admission requirement for nurse and midwife training
Amendment 84 #
2011/2024(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. As for further clarification of the proposed deletion of Art 21(4) of the Professional Qualifications Directive
Amendment 3 #
2011/2013(INI)
Draft opinion
Recital A
Recital A
A. whereas contract law is at the heart of all national rules governing the behaviour of businesses and consumers in their markets; whereas the internal market remains fragmented, owing to the existence of 27 different legal systems and the risks and costs inherent in cross- border transacgreater study is needed to further understand why the internal market remains fragmented and how best to address these problems including how to ensure implementation of existing legislations,
Amendment 10 #
2011/2013(INI)
Draft opinion
Recital B
Recital B
B. whereas a common European Contract Law would benefittoolbox, to create more coherent and consistent legislation and standard terms and conditions, would benefit businesses and consumers in particular, since they would be able to greater exploit the advantages of the internal market to the fullSingle Market,
Amendment 13 #
2011/2013(INI)
Draft opinion
Recital C
Recital C
C. whereas in its Green Paper1 the Commission sets out a range of options for a European contract law instrument, which could help the EU to recover from the economic crisis, develop entrepreneurship and strengthen public confidence in the internal market,
Amendment 16 #
2011/2013(INI)
Draft opinion
Recital D
Recital D
D. whereas the negotiations on the consumer protection directive2 illustrated just how difficult it is to harmonise contract lawsumer law as applied to contracts without undermining the common commitment to a high level of consumer protection in Europe and what limits this imposes on the process,
Amendment 27 #
2011/2013(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the Commission to undertake a thorough impact assessment of the option deemed most appropriate; this impact assessment should include, inter alia, identification of the most suitable legal basis, social and economic impacts, coherence with existing EU, international and private law, possible systems of arbitration in cases of conflict regarding the choice and application of the optional instrument between consumers and businesses, and the level of added value for consumers and businesses of such an optional instrument; that this impact assessment should be completed and concerns addressed before work commences on the policy option
Amendment 29 #
2011/2013(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that a thorough impact assessment, which investigates all the policy options in the Green paper equally, including the possibility of taking no action, must be scrutinised in depth by the European Parliament and all associated committees before a recommendation is finally chosen and before work on the policy option begins;
Amendment 34 #
2011/2013(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that the development of an optional European Contract Lawinterinstitutional development of a “toolbox” could do much to improve the functioning of the internal market through facilitating greater consistency in new legislation and that Parliament and the Council should have final responsibility for determining its legal form and scope; Additional initiatives to assist SMEs in entering into cross- border trade could include the development of some standard terms and conditions to be used under the governing laws of existing systems.
Amendment 43 #
2011/2013(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that a European Contract Law could constitutes an additional, separate system governing cross-border contracts, although the Member States should be given the option of applying it to contracts concluded under their domestic law as well;nd e-commerce
Amendment 52 #
2011/2013(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Takes the view that it needs to be further considered if Articles 114 and 169 or 352 of the Treaty on the Functioning of the European Union would constitute the appropriate legal basis for an instrument regulating business-to-business (B2B) and business-to-consumer (B2C) contracts;
Amendment 59 #
2011/2013(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Emphasises the particular importance of facilitating e-commerce in the EU, given that this sector is underdeveloped, as a result ofnd it is necessary to assess whether differences between national contract law systems, and could represent an obstacle to the development of that sector which has rightly been identified by businesses and consumers as a potential motor for future growth;
Amendment 71 #
2011/2013(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Takes the view that the regulatory focus of a European Contract Law should be the principles underpinning contracts: in the case of consumer contracts, the focus should be on the law governing sales and, where appropriate, service and works contracts and the general provisions should contain rules on the definition of a contract, pre-contractual obligations, the procedures for concluding contracts, representaat such an instrument should not prevent consumers from the protection, grounds of nullity, the interpretation of contracts, the performance of contracts, rights and obligations, in particular warranty rights, under a contract, the right of withdrawal, termination, statutory limitation, etc.;anted by the existing rules of private international law (Rome I and Rome II regulations).
Amendment 84 #
2011/2013(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Takes the view that any initiative on European Contract Law in the B2C sphere must establish a very high level of consumer protection and that, should Member States nevertheless guarantee a higher level of protection, the annex to the law should make this explicitly clear;consumers should not be deprived of access to this protection
Amendment 43 #
2011/0439(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In order to guarantee the opening up to competition of procurement by entities operating in the water, energy, transport and postal services sectors, provisions should be drawn up coordinating procurement procedures in respect of contracts above a certain value. Such coordination is needed to ensure the effect of the principles of the Treaty on the Functioning of the European Union and in particular the free movement of goods, the freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. In view of the nature of the sectors affected by such coordination, the latter should, while safeguarding the application of those principles, establish a framework for sound commercial practice and should allow maximum flexibility. Public procurement rules have to respect the distribution of competences as enshrined in Article 14 TFEU and the Protocol No 26 thereof. The application of those rules should not interfere with the freedom of public authorities to decide how they carry out their public service tasks.
Amendment 52 #
2011/0439(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Those criteria should guarantee that tenders are assessed in conditions of effective competition, also where contractingwhile ensuring that entities may require high-quality works, supplies and services that are optimally suited to their needs. As a result, contracting entities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions as long as they are linked to the subject matter of the contract.
Amendment 61 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11. This directive does not therefore cover procurement which is not connected to utility activities.
Amendment 63 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 65 #
2011/0439(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 70 #
2011/0439(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Service contracts awarded on the basis of exclusive rights This Directive shall not apply to service contacts awarded to an entity which is itself a contracting authority within the meaning of Article 2(1) or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to the published legislation in force, regulation or administrative provision which is compatible with the Treaty.
Amendment 71 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 73 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
Amendment 76 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 78 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 81 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point a
Article 21 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation between thepurpose of the partnership is the provision of a public-service task conferred on all participating contractingpublic authorities aimed at carrying out jointly, or the provision of an ancillary task necessary to deliver their public service tasks and involving mutual rights and obligations of the par conferred on all the public authorities;
Amendment 82 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point b
Article 21 – paragraph 4 – point b
Amendment 85 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point c
Article 21 – paragraph 4 – point c
(c) the participating contractingpublic authorities do not perform on the open market more than 120 % in terms of turnover of the activities which are relevant in the context of the agreemensubject of the contract;
Amendment 86 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point d
Article 21 – paragraph 4 – point d
Amendment 88 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point e
Article 21 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involved task is carried out solely by the public authorities concerned, with no participation of a private party with the exception of contracting authorities participating in the cooperation as a public law body in the sense of Article 2(4).
Amendment 89 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
Amendment 90 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation is legally enforced and/or the private participation was not foreseeable at the time of the initial contracting.
Amendment 91 #
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 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, economic operators or programmes are disabled and/or disadvantaged workerpersons. 'Disadvantaged persons' includes amongst others: the unemployed, people experiencing particular difficulty in achieving integration, people at risk of exclusion, members of vulnerable groups and members of disadvantaged minorities.
Amendment 94 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed foursix years, save in exceptional cases duly justified, in particular by the subject of the framework agreement. The term of a framework agreement regarding the maintenance is based on the life cycle of the work or supply.
Amendment 95 #
2011/0439(COD)
Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Amendment 96 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or ofcollective agreements which apply in the place where the work, service or supply is performed or by the international social and environmental law provisions listed in Annex XIV and provided they are linked to the subject matter of the contract.
Amendment 98 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteria on which contracting entities shall base the award of contracts shall be one of the following:
Amendment 100 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
Amendment 103 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Costs may be assessed, at the choice of the contracting entity, on the basis of the price only or using a cost- effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 77.
Amendment 115 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
Amendment 117 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability.
Amendment 119 #
2011/0439(COD)
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
Amendment 121 #
2011/0439(COD)
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
Amendment 123 #
2011/0439(COD)
Proposal for a directive
Article 85 – paragraph 4
Article 85 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 65.
Amendment 125 #
2011/0439(COD)
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
Amendment 127 #
2011/0439(COD)
Proposal for a directive
Article 86 – paragraph 2
Article 86 – paragraph 2
2. Member States shall ensure that contracting entities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.
Amendment 128 #
Amendment 130 #
2011/0439(COD)
Proposal for a directive
Article 94 – paragraph 2
Article 94 – paragraph 2
2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to provide the necessary information to the Commission or the national oversight body where theyif it so request its.
Amendment 132 #
2011/0439(COD)
Proposal for a directive
Annex XVII a (new)
Annex XVII a (new)
- The following legal services: 79112000-2 Legal representation services 79100000-5 Legal services 79110000-8 Legal advisory and representation services 79111000-5 Legal advisory services 79112100-3 Stakeholders representation services 79120000-1 Patent and copyright consultancy services 79121000-8 Copyright consultancy services 79121100-9 Software copyright consultancy services 79130000-4 Legal documentation and certification services 79131000-1 Documentation services 79132000-8 Certification services 79140000-7 Legal advisory and information services
Amendment 136 #
2011/0439(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, Article 53(1) and Article 62 and Article 114 as well as Protocol No 26 thereof,
Amendment 138 #
2011/0439(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In order to guarantee the opening up to competition of procurement by entities operating in the water, energy, transport and postal services sectors, provisions should be drawn up coordinating procurement procedures in respect of contracts above a certain value. Such coordination is needed to ensure the effect of the principles of the Treaty on the Functioning of the European Union and in particular the free movement of goods, the freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. In view of the nature of the sectors affected by such coordination, the latter should, while safeguarding the application of those principles, establish a framework for sound commercial practice and should allow maximum flexibility. Public procurement rules have to respect the distribution of competences as enshrined in Article 14 TFEU and the Protocol No 26. The application of those rules should not interfere with the freedom of public authorities to decide how they carry out their public service tasks.
Amendment 139 #
2011/0439(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 140 #
2011/0439(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Public procurement plays a key role in the Europe 2020 strategy16 as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors17 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts18 have to be revised and modernised in order to increase the efficiency of public spending,enable procurer to make better use of public procurement in support of sustainable development and other common societal goals, thereby increasing the efficiency of public spending, ensuring best value for money and facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals. There is also a need to simplify the Directives and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union. This Directive provides legislation on how to buy. Contracting entities may set demands that are stricter or go further than current Union legislation in order to reach the common objectives.
Amendment 141 #
2011/0439(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Under Article 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and social considerations must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. This Directive clarifies how the contracting entities may contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring that and how they can use their discretionary power to select technical specifications and award criteria with the aim of achieving sustainable public procurement, whilst ensuring the link to the subject matter of they contract and obtaining the best value for money for their contracts.
Amendment 144 #
2011/0439(COD)
Proposal for a directive
Recital 6
Recital 6
(6) It is appropriate that the notion of procurement or the definition of what constitutes a single procurement are as close as possible to those applied pursuant to Directive […] of the European Parliament and of the Council of […] on public procurement19 , having due regard for the specificities of the sectors covered by this Directive. The concept of single procurement encompasses all supplies, works and services needed to carry out a particular project, for instance a works project or an entirety of works, supplies and/or services. Indications for the existence of one single project can for instance consist in overall prior planning and conception by the contracting entity, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked and carried out in a narrow time frame.
Amendment 156 #
2011/0439(COD)
Proposal for a directive
Recital 16
Recital 16
Amendment 160 #
2011/0439(COD)
Proposal for a directive
Recital 17
Recital 17
(17) OtherSome categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person such as certain social, health and educational services. Those services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for contracts for those services, with a higher threshold of EUR 1 000 000. In the particular context of procurement in those sectors, services to the person with values below this threshold will typically not be of interest to providers from other Member States unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of those services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting entities are able to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee26. Member States and/or contracting entities remain free to provide those services themselves or to organise social services in a way that does not entail the conclusion of public contracts, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting entity, without any limits or quotas, or in giving legal rights of all sorts to economic operators for the provision of those services, provided such a system ensures sufficient advertising and complies with the principles of transparency and non- discrimination.
Amendment 163 #
2011/0439(COD)
Proposal for a directive
Recital 19
Recital 19
(19) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules. The relevant case-law of the Court of Justice of the European Union on cooperation between public authorities is interpreted divergently between Member States and even between contracting authorities. As this jurisprudence would be equally applicable to public authorities when operating in the sectors covered by this directive, it is appropriate to ensure that the same rules apply in both this directive and Directive […/….../.../EU][on public procurement]. Contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities are not subject of the pubic procurement rules if the conditions set out in this directive are fulfilled.
Amendment 177 #
2011/0439(COD)
Proposal for a directive
Recital 29
Recital 29
(29) The instrument of framework agreements can be an efficient procurement technique throughout Europe; however, there is a need to enhance competition by improving transparency of and access to procurement carried out by means of framework agreements. It is therefore appropriate to revise the provisions applicable to those agreements, notably by providing for mini-competitions for the award of specific contracts based on the agreement and by limiting the duration of framework agreements.
Amendment 180 #
2011/0439(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re- use and automatically process data and to minimise information and transaction costs. The use of such electronic means of communication should therefore, as a first step, be rendered compulsory for central purchasing bodies, while also facilitating converging practices across the Union. This should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years.
Amendment 184 #
2011/0439(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The technical specifications drawn up by purchasers need to allow public procurement to be opened up to competition. To that end, it should be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition. Consequently, technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies, services or works habitually offered by that economic operator. Drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation. Where reference is made to a European standard or, in the absence thereof, to a national standard, tenders based on other equivalent arrangements which meet the requirements of the contracting entities and are equivalent in terms of safety mustshould be considered by the contracting entities. To demonstrate equivalence, tenderers can be required to provide third-party verified evidence; however, other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports, or no possibility of obtaining them within the relevant time limits. In order not to discriminate those tenderers who invest time and money for certificates and test reports the burden for providing equivalence should be placed on the tenderer claiming equivalence.
Amendment 190 #
2011/0439(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Given that contracting entities, which are not contracting authorities, might not have access to indisputable proof on the matter, it is appropriate to leave the choice of whether or not to apply the exclusion criteria listed in Directive [2004/18] to such contracting entities. The obligation to apply Article 55(1) and (2) of Directive [2004/18] should therefore be limited to contracting entities that are contracting authorities. Furthermore, contracting entities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, collective agreements and accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 193 #
2011/0439(COD)
Proposal for a directive
Recital 43
Recital 43
(43) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. Those criteria should guarantee that tenders are assessed in conditions of effective competition, also where contractingwhile ensuring that entities may require high-quality works, supplies and services that are optimally suited to their needs. As a result, contracting entities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions as long as they are linked to the subject matter of the contract.
Amendment 198 #
2011/0439(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Those sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting entities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting entities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life- cycle of a works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.
Amendment 203 #
2011/0439(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Furthermore, in technical specifications and, in award criteria and in contract performance clauses, 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. Those characteristics may onlyamong others 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 environmenbe linked to the subject matter of the contract. 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. Contracting authorities may include social considerations (i.a. ILO core conventions) in the technical specifications when this is relevant and linked to the subject matter of the contract.
Amendment 217 #
2011/0439(COD)
Proposal for a directive
Recital 57
Recital 57
Amendment 220 #
2011/0439(COD)
Proposal for a directive
Recital 58
Recital 58
Amendment 227 #
2011/0439(COD)
Proposal for a directive
Recital 61
Recital 61
(61) Effective cooperation is necessary to ensure consistent advice and practice within each Member State and across the Union. Bodies designated for monitoring, implementation, control and technical assistance should be able to share information and cooperate; in the same context, the national authority designated by each Member State should act as the preferred contact point with the Commission services for the purpose of collecting data, exchanging information and monitoring the implementation of Union public procurement law.
Amendment 229 #
2011/0439(COD)
Proposal for a directive
Recital 62
Recital 62
(62) In order to adapt to rapid technical, economic and regulatory developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of a number of non-essential elements of this Directive. In fact, due to the need to comply with international agreements, the Commission should be empowered to modify the technical procedures for the calculation methods concerning thresholds as well as to periodically revise the thresholds themselves; references to the CPV nomenclature may undergo regulatory changes at EU level and it is necessary to reflect those changes into the text of this Directive; the technical details and characteristics of the devices for electronic receipt should be kept up to date with technological developments and administrative needs; it is also necessary to empower the Commission to make mandatory certain technical standards for electronic communication to ensure the interoperability of technical formats, processes and messaging in procurement procedures conducted using electronic means of communication taking into account technological developments and administrative needs; the Commission should also be empowered to adapt the mandatory content of the information to be included in notices to reflect administrative needs and regulatory changes at both national and EU level; the list of legislative acts of the Union establishing common methodologies for the calculation of life- cycle costs, referred to in article 77(3); the list of International Social and Environmental Conventions referred to in Articles 70 And 79 and the list of Union legislation referred to in article 27(3) whose implementation creates a presumption of free access to a given market as well as Annex II, referred to in Article 4(4), setting out a list of legislative acts to be taken into account when assessing the existence of special or exclusive rights should be quickly adapted to incorporate the measures adopted on a sectoral basis. In order to satisfy this need, the Commission should be empowered to keep the lists up-to date.
Amendment 231 #
2011/0439(COD)
Proposal for a directive
Recital 64
Recital 64
(64) In order to ensure uniform conditions for the implementation of this Directive, as for the procedure for sending and publishing data referred to in Annex IX and the procedures for drawing up and transmitting notices, the standard forms for the publication of notices as well as of process and messaging standards and the common template to be used by the oversight bodies for drawing up the implementation and statistical report, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No. 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers35 . The advisory procedure should be used for the adoption of those implementing acts, which do not have any impact either from the financial point of views or on the nature and scope of obligations stemming from this Directive. On the contrary, those acts are characterised by a mere administrative purpose and serve to facilitate the application of the rules set by this Directive. Furthermore, decisions to establish whether a given activity is directly exposed to competition on markets to which access is free should be adopted under conditions ensuring uniform conditions for implementing that provision. Implementing powers should therefore be conferred on the Commission also in respect of the detailed provisions for the implementation of the procedure, provided for under Article 28, for establishing whether Article 27 is applicable as well as the Decisions themselves. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers. The advisory procedure should be used for the adoption of those implementing acts.
Amendment 232 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting entities from economic operators chosen by those contracting entities, provided that the works, supplies or services are intended for the pursuit of one of the activities referred to in Articles 5 to 11. This directive does thus not cover procurement which is not connected to utility activities.
Amendment 236 #
2011/0439(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 246 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 4 – point a
Article 2 – point 4 – point a
(a) It is established for or has the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 255 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 8 – point a a (new)
Article 2 – point 8 – point a a (new)
(aa) or a work, or the realisation by whatever means, of a work corresponding to the requirements specified by the contracting entity. A 'work' means the outcome of building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function;
Amendment 256 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 8 – point b
Article 2 – point 8 – point b
Amendment 257 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 8 – point c
Article 2 – point 8 – point c
Amendment 260 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 15
Article 2 – point 15
(15) ‘procurement documents’ means allny documents produced or referred to by the contracting entity to describe or determine elements of the procurement or the procedure, including the contract notice, the prior information notice or the notices on the existence of a qualification system where they are used a means of calling for competition, the technical specifications, proposed conditions of contract, formats for the presentation of documents by candidates and tenderers, information on generally applicable obligations and any additional documents;
Amendment 266 #
2011/0439(COD)
Proposal for a directive
Article 2 – point 23 a (new)
Article 2 – point 23 a (new)
(23a) 'service concession' means a contract of the same type as a service contract except for the fact that the consideration for the provision of services consists either solely in the right to exploit the service or in that right together with payment.
Amendment 272 #
2011/0439(COD)
Proposal for a directive
Article 4 – paragraph 3 – point a
Article 4 – paragraph 3 – point a
(a) which are contracting authorities or public undertakings and which pursue one of the activities referred to in Articles 5 to 11 except in cases where the activity is pursued on the basis of rights being granted according to paragraph 2 of this Article;
Amendment 275 #
Amendment 276 #
2011/0439(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. As far as gas and heat, heat and cooling are concerned, this Directive shall apply to the following activities:
Amendment 278 #
2011/0439(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or, heat or cooling;
Amendment 280 #
2011/0439(COD)
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the supply of gas or, heat or cooling to such networks.
Amendment 282 #
2011/0439(COD)
Proposal for a directive
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. The supply of gas or, heat or cooling to networks which provide a service to the public by a contracting entity other than a contracting authority shall not be considered a relevant activity within the meaning of paragraph 1 where all of the following conditions are met:
Amendment 284 #
2011/0439(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the production of gas or, heat or cooling by the entity concerned is the unavoidable consequence of carrying out an activity other than those referred to in paragraph 1 or in Articles 6 to 8;
Amendment 291 #
2011/0439(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Extraction of oil and gas and exploration for, or extraction ofof oil and gas, coal or other solid fuels
Amendment 297 #
2011/0439(COD)
Proposal for a directive
Article 13 – paragraph 9
Article 13 – paragraph 9
Amendment 302 #
2011/0439(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. This Directive shall not apply to contracts which the contracting entities award for purposes other than the pursuit of their activities as described in Articles 5 to 11 and are connected with utility activities, or for the pursuit of such activities in a third country, in conditions not involving the physical use of a network or geographical area within the Union nor shall it apply to design contests organised for such purposes.
Amendment 303 #
2011/0439(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The contracting entities shall notify the Commission or the national oversight body at theirif so requested of any activities which they regard as excluded under paragraph 1. The Commission may periodically publish in the Official Journal of the European Union for information purposes, lists of the categories of activities which it considers to be covered by this exclusion. In so doing, the Commission shall respect any sensitive commercial aspects that the contracting entities may point out when forwarding this information.
Amendment 305 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
Amendment 319 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) employment contracts including the secondment of temporary personnel;
Amendment 321 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point d a (new)
Article 19 – paragraph 1 – point d a (new)
(da) civil protection, emergency preparedness and response and emergency medical services;
Amendment 322 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) contracts for broadcasting time that are awarded to broadcasters.transmission and distribution of media service;
Amendment 323 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) contracts for the supply of goods or the provision services which are subject by law to a fixed price and in relation to which a public procurement procedure ipso facto holds no value.
Amendment 326 #
2011/0439(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
The broadcastingaudiovisual media services referred to in point (f) of the first paragraph shall include any transmission and distribution using any form of electronic network.
Amendment 327 #
2011/0439(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Service contracts awarded on the basis of exclusive rights This Directive shall not apply to service contacts awarded to an entity which is itself a contracting authority within the meaning of Article 2(1) or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a published law, regulation or administrative provision which is compatible with the Treaty.
Amendment 328 #
2011/0439(COD)
Proposal for a directive
Article 19 b (new)
Article 19 b (new)
Article 19b Specific Regimes to deliver SGI This Directive shall not apply to tried and tested Member State procedures that are based on the user´s free choice of service providers (i.e. voucher system, free choice model, triangular relationship) as well as the principle that all providers which are able to comply with the conditions previously laid down by law should, irrespective of their legal form, be permitted to provide services, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination.
Amendment 329 #
2011/0439(COD)
Proposal for a directive
Article 19 c (new)
Article 19 c (new)
Article 19 c Service concessions Without prejudice to the application of Article 19a, this Directive shall not apply to service concessions as defined in Article 2(23a).
Amendment 330 #
2011/0439(COD)
Proposal for a directive
Title 1 – chapter 3 – section 2 – subsection 2 – title
Title 1 – chapter 3 – section 2 – subsection 2 – title
Special relcooperations (Controlled entities, cooperation, affiliated undertakings and joint ventures)
Amendment 335 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point b
Article 21 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 342 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1 – point c
Article 21 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, with the exception of legally enforced forms or private participation.
Amendment 347 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 2
Article 21 – paragraph 1 – subparagraph 2
Amendment 353 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, 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 contract with the exception of legally enforced forms or private participation.
Amendment 358 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – introductory part
Article 21 – paragraph 3 – subparagraph 1 – introductory part
A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a contract without applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
Amendment 361 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 371 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point c
Article 21 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, with the exception of legally enforced forms or private participation.
Amendment 374 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 2
Article 21 – paragraph 3 – subparagraph 2
Amendment 380 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – introductory part
Article 21 – paragraph 4 – introductory part
4. An agreement concluded between two or more contracting authorities shall not be deemed to be a ‘works, supply or service contract’ within the meaning of point 7 of Article 2 of this Directive and thus falls outside this Directive, where the following cumulative conditions are met:
Amendment 383 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point a
Article 21 – paragraph 4 – point a
(a) the agreement establishes a genuine co-operation between thepurpose of the partnership is the provision of a public-service task conferred on all participating contractingpublic authorities aimed at carrying out jointly, or the provision of an ancillary task necessary to deliver their public service tasks and involving mutual rights and obligations of the par conferred on all the public authorities;
Amendment 388 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point b
Article 21 – paragraph 4 – point b
Amendment 396 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point c
Article 21 – paragraph 4 – point c
(c) the participating contractingpublic authorities do not perform on the open market more than 120 % in terms of turnover of the activities which are relevant in the context of the agreemensubject of the contract;
Amendment 399 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point d
Article 21 – paragraph 4 – point d
Amendment 403 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 4 – point e
Article 21 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities involved. task is carried out solely by the public authorities concerned, with no participation of a private party with the exception of contracting authorities participating in the cooperation as a public law body in the sense of Article 2(4)
Amendment 406 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 1
Article 21 – paragraph 5 – subparagraph 1
Amendment 408 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2
Article 21 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation is legally enforced and/or the private participation was not foreseeable at the time of the initial contracting.
Amendment 412 #
2011/0439(COD)
Proposal for a directive
Article 21 – paragraph 5 – subparagraph 2 a (new)
Article 21 – paragraph 5 – subparagraph 2 a (new)
However, transferring tasks between public sector organisations is a matter for the Member States' internal administrative organisation and not subject to procurement law.
Amendment 414 #
2011/0439(COD)
Proposal for a directive
Article 22 – paragraphs 1 and 2
Article 22 – paragraphs 1 and 2
1. For the purposes of this Article, ‘affiliated undertaking’ means: (a) any undertaking the annual accounts of which are consolidated with those of the contracting entity in accordance with the requirements of the Seventh Council Directive 83/349/EEC. 2. In the case of entities not subject to that Directive, ‘affiliated undertaking’ shall mean; (b) any undertaking that: (ai) may be, directly or indirectly, subject to a dominant influence by the contracting entity within the meaning of point (5) of Article 2 and Article 4(1) of this Directive; (bii) may exercise a dominant influence over the contracting entity; (ciii) in common with the contracting entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.
Amendment 422 #
2011/0439(COD)
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. Paragraph 32 shall apply: (a) to service contracts provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to services in general for the preceding three years derives from the provision of services to undertakings with which it is affiliated; (b) to supply contracts provided that at least 80 % of the average total turnover of the affiliated undertaking with respect to supplies in general for the preceding three years derives from the provision of supplies to undertakings with which it is affiliated; (c) to works contracts provided that at least 80 % if the affiliated undertaking: (a) is itself a contracting authority; (b) when it is not a contracting authority has, at least, as one of their activities any of the activities reffered to in Articles 5 to 11, or any combination thereof and operate ofn the average total turnover of the affiliated undertaking with respect to works in general for the preceding three years derives from the provision of works to undertakings with which it is affilibasis of special or exclusive rights granted by a competent authority of a Member Stated.
Amendment 451 #
2011/0439(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
However, in the case of service and works contracts as well as supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualification levels of the staff responsible for the performance of the contract in question.
Amendment 453 #
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 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, economic operators or programmes are disabled or disadvantaged workerpersons. 'Disadvantaged persons' includes amongst others: the unemployed, people experiencing particular difficulty in achieving integration, people at risk of exclusion, members of vulnerable groups and members of disadvantaged minorities.
Amendment 456 #
2011/0439(COD)
Proposal for a directive
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Unless otherwiseNotwithstanding providedsions in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 64 and 69 of this directive the contracting entity shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
Amendment 464 #
2011/0439(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States shall ensure that, at the latest 24 years after the date provided for in Article 101(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
Amendment 476 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 2 – point b
Article 36 – paragraph 2 – point b
(b) the chairperson of the contracting authority and members of decision- making bodies of the contracting authority who, without necessarily being involved in the conduct of the procurement procedure, may nevertheless influence the outcome of that procedure.
Amendment 477 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 1 – point b
Article 36 – paragraph 3 – subparagraph 1 – point b
(b) that candidates and tenderers, e.g. company directors or any other person having powers of decision, powers or control in respect of the candidate or tenderer, are required to submit at the beginning of the procurement procedure a declaration on the existence of any privileged links with the persons referred to in paragraph 2(b), which are likely to place those persons in a situation of conflict of interests; the contracting authority shall indicate in the individual report referred to in Article 94 whether any candidate or tenderer has submitted a declaration.
Amendment 482 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 3 – subparagraph 3
Article 36 – paragraph 3 – subparagraph 3
Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 93 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candid, document those measures adequatesly and tenderers. If the conflict of interests cannot be effectively remedied by other means, thesure equal treatment of candidate ors and tenderer concerned shall be excluded from the procedures.
Amendment 486 #
2011/0439(COD)
Proposal for a directive
Article 36 – paragraph 4
Article 36 – paragraph 4
Amendment 491 #
2011/0439(COD)
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 2
Article 39 – paragraph 1 – subparagraph 2
Member States shall provide that contracting entities may apply open or restricted procedures or negotiated procedures with prior call for competition and innovation partnerships as regulated in this Directive.
Amendment 495 #
2011/0439(COD)
Proposal for a directive
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Member States mayshall provide that contracting entities may apply a negotiated procedure without prior call for competition only in the specific cases and circumstanceas referred to expressly in Article 42.
Amendment 499 #
2011/0439(COD)
Proposal for a directive
Article 42 – paragraph 1 – subparagraph 2
Article 42 – paragraph 1 – subparagraph 2
The minimum time limit for the receipt of requests to participate shall, as a general rule, be fixed at no less than 30 days be sufficient from the date on which the contract notice or, where a periodic indicative notice is used as a means of calling for competition, the invitation to confirm interest is sent and may in no case be less than 15 days.
Amendment 518 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point d – point i
Article 44 – paragraph 1 – point d – point i
(i) the absence of competition for technical or legal reasons;
Amendment 521 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point d – paragraph 1
Article 44 – paragraph 1 – point d – paragraph 1
This exception only applies when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;
Amendment 524 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 1 – point e
Article 44 – paragraph 1 – point e
(e) insofar as is strictly necessary where, for reasons of extreme urgency brought about by force majeureand which has not been foreseeable by the contracting entity, the time limits laid down for open procedures, restricted procedures and negotiated procedures with prior call for competition cannot be complied with. The circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting entity;
Amendment 531 #
2011/0439(COD)
Proposal for a directive
Article 44 – paragraph 2 – point a
Article 44 – paragraph 2 – point a
(a) it is irregular or unacceptable, andor
Amendment 537 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 1 – subparagraph 3
Article 45 – paragraph 1 – subparagraph 3
The term of a framework agreement shall not exceed foursix years, save in exceptional cases duly justified, in particular by the subject of the framework agreement. The term of a framework agreement regarding the maintenance is based on the lifecycle of the work or supply.
Amendment 544 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
Amendment 547 #
2011/0439(COD)
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
Amendment 559 #
2011/0439(COD)
Proposal for a directive
Article 47 – paragraph 1 – subparagraph 1
Article 47 – paragraph 1 – subparagraph 1
Amendment 569 #
2011/0439(COD)
Proposal for a directive
Article 50
Article 50
Amendment 570 #
2011/0439(COD)
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. OneTwo or more contracting entities may agree to perform certain specific procurements jointly.
Amendment 571 #
2011/0439(COD)
Proposal for a directive
Article 51 – paragraph 2 – subparagraph 1
Article 51 – paragraph 2 – subparagraph 1
Where one contracting entity alonthe conducts the of a procurement procedures concerned in all its stages from the publication of the call for competition to the end of the performance of the ensuing contract or contracts, that contracting entity shall have sole responsibility for fulfilling the obligations pursuant to this Directive in its entirety is carried out jointly by the contracting entities concerned, they shall be jointly responsible for fulfilling the obligations pursuant to this Directive. Contracting entities shall be deemed to conduct an award procedure jointly where one contracting entity manages the procedure on both its own behalf and on that of the other contracting entities concerned.
Amendment 572 #
2011/0439(COD)
Proposal for a directive
Article 51 – paragraph 2 – subparagraph 2
Article 51 – paragraph 2 – subparagraph 2
However, where the conduct of the procurement procedures and the performance of the ensuing contracts is carried out by more than one of the participatingis not in its entirety carried out jointly by the contracting entities concerned, each shall continue to be responsible for fulfilling its obligations pursuant to this Directive in respect of the stages it conducts.
Amendment 580 #
2011/0439(COD)
Proposal for a directive
Article 52 – paragraph 5 – point c
Article 52 – paragraph 5 – point c
Amendment 585 #
2011/0439(COD)
Proposal for a directive
Article 53 – paragraph 1 – subparagraph 1
Article 53 – paragraph 1 – subparagraph 1
Before launching a procurement procedure, contracting entities may conduct market consultations in order to assess the structure, capability and capacity of the market and/or to inform economic operators of their procurement plans and requirements.
Amendment 586 #
2011/0439(COD)
Proposal for a directive
Article 53 – paragraph 1 – subparagraph 2
Article 53 – paragraph 1 – subparagraph 2
For this purpose, contracting entities may seek or accept advice from administrative support structures or from third parties or market participants, provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non-discrimination and transparency.
Amendment 590 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 1
Article 54 – paragraph 1 – subparagraph 1
The technical specifications as defined in point 1 of Annex VIII shall be set out in the procurement documents. They shall define the characteristics required of a works, service or supply and shall be linked to the subject matter of the contract.
Amendment 591 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 2
Article 54 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2.
Amendment 596 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 1 – subparagraph 5
Article 54 – paragraph 1 – subparagraph 5
Where mandatory accessibility standards are adopted by a legislative act of the Union, technical specifications shall, as far as accessibility criteria for persons with disabilities or design for all users are concerned, be defined by reference thereto.
Amendment 601 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 3 – point a
Article 54 – paragraph 3 – point a
(a) in terms of performance or functional requirements, including social and environmental characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject- matter of the contract and to allow contracting entities to award the contract;
Amendment 604 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 3 – point b
Article 54 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, to national standards transposing European standards, European tTechnical approvalAssessments, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or - when any of those do not exist - national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words ‘or equivalent’;
Amendment 606 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 4
Article 54 – paragraph 4
4. UnlessWhen justified by the subject-matter of the contract, technical specifications shall notmay refer to a specific make or source, or to a particular process which characterises the products or services, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted, on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by the words ‘'or equivalent’'.
Amendment 610 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 5
Article 54 – paragraph 5
5. Where a contracting entity uses the option of referring to the specifications referred to in point (b) of paragraph 3, it shall not reject a tender on the ground that the works, supplies and services tendered for do not comply with the specifications to which it has referred, once the tenderer proves in its tender, by whatever appropriate means, including the means of proof referred to in Article 56, that the solutions which it proposes satisfy in an equivalent manner the requirements defined by the technical specifications.
Amendment 611 #
2011/0439(COD)
Proposal for a directive
Article 54 – paragraph 6 – subparagraph 2
Article 54 – paragraph 6 – subparagraph 2
In its tender, the tenderer shall prove by any appropriate means including those referred to in Article 56, that the supplies, service or work in compliance with the standard meets the performance or functional requirements of the contracting entity.
Amendment 613 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – introductory part
Article 55 – paragraph 1 – subparagraph 1 – introductory part
Where contracting entities lay down environmentin the technical, social or other characteristics of pecifications, the award criteria works, service or supply in terms of performance or functional requirements as ref the contract performance clauses, environmental, social or other red to in point (a) of Article 54 paragraph 3, they may requirequirements or criteria they may require a specific label, as means of proof that thoese works, services or supplies cor services bear a specific label,respond to such requirements or criteria provided that all of the following conditions are fulfilled:
Amendment 614 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point a
Article 55 – paragraph 1 – subparagraph 1 – point a
(a) the requirements forto be met in order to obtain the label only concern characteristicsriteria which are linked to the subject-matter of the contract and are appropriate to define the characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 616 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point b
Article 55 – paragraph 1 – subparagraph 1 – point b
(b) the requirements for the label are drawn up on the basis of scientific information orto be met in order to obtain the label are based on other objectively verifiable and non-discriminatory criteria;
Amendment 617 #
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 relevant stakeholders, including government bodies, consumers, manufacturers, trade unions, distributors and environmental and social organisations may participate,have a substantial role. Government bodies may participate but are not obligatory;
Amendment 621 #
2011/0439(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 1 – point e
Article 55 – paragraph 1 – subparagraph 1 – point e
(e) the criteria ofrequirements to be met in order to obtain the label are set by a third party which is independent from the economic operator applying for the label.
Amendment 622 #
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 specific 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 proofContracting entities shall accept other appropriate means of proving such requirements, which may include a technical dossier of the manufacturer where the economic operator concerned has no access to the label, or no possibility of obtaining it within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. In order not to discriminate those tenderers who invest time and money for certificates, the burden for providing equivalence with a specific label should be placed on the tenderer claiming equivalence.
Amendment 628 #
2011/0439(COD)
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 1
Article 56 – paragraph 1 – subparagraph 1
Contracting entities may require that economic operators provide a test report from a recognised body or a certificate issued by such a body as means of proof of conformity with the technical specificationrequirements or criteria set out in the technical specifications, the award criteria or the contract performance clauses.
Amendment 629 #
2011/0439(COD)
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 2
Article 56 – paragraph 1 – subparagraph 2
Where contracting entities require the submission of certificates drawn up by recognised bodies attesting conformity with a particular technical specification,a specific assessment body certificates from equivalent other recognised bodies shall also be accepted by the contracting entities.
Amendment 631 #
2011/0439(COD)
Proposal for a directive
Article 56 – paragraph 2
Article 56 – paragraph 2
2. Contracting entities shall accept other appropriate means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to such certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. However in order not to discriminate those tenderers who invest time and money for certificates or test reports, the burden for providing equivalence should be placed on the tenderer claiming equivalence.
Amendment 632 #
2011/0439(COD)
Proposal for a directive
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Member States shall make available to other Member States, upon request, any information related to the evidence and documents submitted in accordance with Article 54(6), Article 55 and paragraphs 1, 2 and 3 of this Article to prove compliance with technical requirements. The competent authorities of the Member State of establishment of the economic operator shall provide this information in accordance with Article 96.
Amendment 633 #
2011/0439(COD)
Proposal for a directive
Article 57 – paragraph 1
Article 57 – paragraph 1
1. On request from economic operators interested in obtaining a contract, contracting entities shall make available the technical specifications, the award criteria and the contract performance clauses regularly referred to in their supply, works or service contracts, or the technical specifications which they intend to apply to contracts for which the call for competition is a periodic indicative notice. Those specifications shall be made available by electronic means through unresfull direct access free of charge. Contriacted and full direct acing entities may ask under specific circumstancess free of chargeor name, address or other means to identify the tenderer.
Amendment 634 #
2011/0439(COD)
Proposal for a directive
Article 57 – paragraph 2
Article 57 – paragraph 2
2. Where the technical specifications are based on documents available by electronic means through unrestricted and full direct access free of charge to interested economic operators, the inclusion of a reference to those documents shall be sufficient.
Amendment 635 #
2011/0439(COD)
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
Contracting entities mayshall take account of variants which are submitted by a tenderer and meet the minimum requirements specified by the contracting entities as long as they are linked to the subject matter of the contract.
Amendment 641 #
2011/0439(COD)
Proposal for a directive
Article 58 – paragraph 1 – subparagraph 2
Article 58 – paragraph 1 – subparagraph 2
Contracting entities shall indicate in the specifications whether or not they authorise variants and, if so, the minimum requirements to be met by the variants and any specific requirements for their presentation. Where vVariants are authorised, they shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variantsshall not be rejected without such indication.
Amendment 645 #
2011/0439(COD)
Proposal for a directive
Article 58 – paragraph 2
Article 58 – paragraph 2
2. In procedures for awarding supply or service contracts, contracting entities that have authorised variants shall not reject a variant on the sole ground that it would, where successful, lead either to a service contract rather than a supply contract or to a supply contract rather than a service contract.
Amendment 662 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 3 – subparagraph 3
Article 59 – paragraph 3 – subparagraph 3
Amendment 664 #
2011/0439(COD)
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
Amendment 672 #
2011/0439(COD)
Proposal for a directive
Article 66 – paragraph 1
Article 66 – paragraph 1
Amendment 673 #
2011/0439(COD)
Proposal for a directive
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Contracting entities shall offer unrestricted and full direct access free of charge by electronic means to the procurement documents from the date of publication of the notice in accordance with Article 65 or the date on which the invitation to confirm interest is sent. Contracting entities may ask under specific circumstances for the name, address or other means to identify the tenderer. Where the means of calling for competition is a notice on the existence of a qualification system, such access shall be offered as soon as possible and at the latest when the invitation to tender or to negotiate is sent. The text of the notice or of those invitations shall specify the internet address at which this documentation is accessible.
Amendment 678 #
2011/0439(COD)
Proposal for a directive
Article 70 – paragraph 5
Article 70 – paragraph 5
5. Contracting entities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or ofcollective agreements which apply in the place where the work, service or supply is performed or by the international social and environmental law provisions listed in Annex XIV and provided they are linked to the subject matter of the contract.
Amendment 688 #
2011/0439(COD)
Proposal for a directive
Article 72 – paragraph 2
Article 72 – paragraph 2
2. Where contracting entities need to ensure an appropriate balance between the particular characteristics of the procurement procedure and the resources required to conduct it, they may, in restricted or negotiated procedures or in innovation partnerships, establish objective rules and criteria that reflect this need and enable the contracting entity to reduce the number of candidates that will be invited to tender or to negotiate. The number of candidates selected shall, however, take account of the need to ensure adequate competition.
Amendment 690 #
2011/0439(COD)
Proposal for a directive
Article 74 – paragraph 1 – subparagraph 1
Article 74 – paragraph 1 – subparagraph 1
The objective rules and criteria for the exclusion and selection of economic operators requesting qualification in a qualification system and the objective rules and criteria for the exclusion and selection of candidates and tenderers in open, restricted or negotiated procedures or in innovation partnerships may include the exclusion grounds listed in Article 55 of Directive 2004/18 on the terms and conditions set out therein, including Article 55(4) and (5) on self-cleaning measures.
Amendment 694 #
2011/0439(COD)
Proposal for a directive
Article 74 – paragraph 2
Article 74 – paragraph 2
2. The criteria and rules referred to in paragraph 1 may include the selection criteria set out in Article 56 of Directive 2004/18/EC on the terms and conditions set out therein, notably as regards the limits to requirements concerning yearly turnovers, the acceptance of self- declarations as well as the European Procurement Passport, as provided for under the second subparagraph of paragraph 3 of that Article.
Amendment 695 #
2011/0439(COD)
Proposal for a directive
Article 74 – paragraph 3
Article 74 – paragraph 3
3. For the purpose of applying paragraphs 1 and 2 of this Article, Articles 575 to 60 of Directive 2004/18/EC shall apply.
Amendment 696 #
2011/0439(COD)
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 1
Article 75 – paragraph 1 – subparagraph 1
Where they request the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain quality assurance standards, including on accessibility for disabled persons, contracting entities shall refer to quality assurance systems based on the relevant European standards series certified by bodiesspecific conforming to the European standards series concerning certificationty assessment bodies.
Amendment 697 #
2011/0439(COD)
Proposal for a directive
Article 75 – paragraph 1 – subparagraph 2
Article 75 – paragraph 1 – subparagraph 2
Contracting entities shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent quality assurance measures from economic operators that have no access to such certificates, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. However in order not to discriminate those tenderers who invest time and money for certificates, the burden for providing equivalence with a specific label should be placed on the tenderer claiming equivalence.
Amendment 698 #
2011/0439(COD)
Proposal for a directive
Article 75 – paragraph 2 – subparagraph 2
Article 75 – paragraph 2 – subparagraph 2
Contracting entities shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent environmental management measures from economic operators that have no access to such certificates, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. However in order not to discriminate those tenderers who invest time and money for certificates, the burden for providing equivalence with a specific label should be placed on the tenderer claiming equivalence.
Amendment 699 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Article 76 – paragraph 1 – subparagraph 1 – introductory part
Without prejudice to national laws, regulations or administrative provisions on the remuneration of certain services, the criteria on which contracting entities shall base the award of contracts shall be one of the following:
Amendment 708 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 1 – point b
Article 76 – paragraph 1 – subparagraph 1 – point b
Amendment 717 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 1 – subparagraph 2
Article 76 – paragraph 1 – subparagraph 2
Costs may be assessed, at the choice of the contracting entity, on the basis of the price only or using a cost- effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 77.
Amendment 728 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point a
Article 76 – paragraph 2 – subparagraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics, social and innovative characteristics;
Amendment 734 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point b
Article 76 – paragraph 2 – subparagraph 2 – point b
(b) for service contracts and contracts involving works and especially the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting entity which must verify that replacements ensure equivalent organisation and quality;
Amendment 740 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 2 – subparagraph 2 – point d
Article 76 – paragraph 2 – subparagraph 2 – point d
(d) the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle, as referred to in point 22 of Article 2, to the extent that those criteria are specified in accordance with paragraph 4 and they concern factors directly involved in those processes and characterise the specific process of production or provision of the requested works, supplies or services.
Amendment 747 #
2011/0439(COD)
Proposal for a directive
Article 76 – paragraph 4
Article 76 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting entity. They shall ensure the possibility of effective competition and shall be accompanied by requirements which allow the information provided by the tenderers to be effectively verified. Contracting entities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteriabe accompanied by requirements which allow the information provided by the tenderers to be effectively verified.
Amendment 753 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 1 – point b
Article 77 – paragraph 1 – point b
(b) external costs such as social and/or environmental costs, directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 756 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – introductory part
Article 77 – paragraph 2 – subparagraph 1 – introductory part
2. Where contracting entities assess the costs using a life-cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation of the life-cycle costs. The methodology useddata to be provided by the tenderers and the method which the contracting authority will use to determine the life-cycle costs. The method used for the assessment of those life-cycle costs must fulfil all of the following conditions:
Amendment 758 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point a
Article 77 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 760 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point b
Article 77 – paragraph 2 – subparagraph 1 – point b
Amendment 761 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)
Article 77 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) The data required can be provided with reasonable effort by normally diligent economic operators, including operators from third countries.
Amendment 763 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 2 – subparagraph 2
Article 77 – paragraph 2 – subparagraph 2
Amendment 767 #
2011/0439(COD)
Proposal for a directive
Article 77 – paragraph 3 – subparagraph 1
Article 77 – paragraph 3 – subparagraph 1
3. Whenever aAny common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing isor as part of a European technical specification shall be deemed to meet the criteria as set out in Paragraph 2 and may be included in the award criteria referred to in Article 76 (1).
Amendment 773 #
2011/0439(COD)
Proposal for a directive
Article 78 a (new)
Article 78 a (new)
Article 78a Abnormally low tenders 1. If, for a given contract, tenders appear to be abnormally low in relation to the goods, works or services, the contracting entity shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it considers relevant. Those details may relate in particular to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen and/or any exceptionally favourable conditions available to the tenderer for the execution of the work, for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance with the provisions relating to employment protection and working conditions in force at the place where the work, service or supply is to be performed; (e) the possibility of the tenderer to obtain State aid. 2. The contracting entity shall verify those constituent elements by consulting the tenderer, taking account of the evidence supplied. 3. Where tenders appear to be abnormally low for other reasons, contracting entities may also request such explanations. 4. Where a contracting entity establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender can be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting entity, that the aid in question was granted legally. Where the contracting entity rejects a tender in these circumstances, it shall inform the Commission of that fact.
Amendment 774 #
2011/0439(COD)
Proposal for a directive
Article 78 b (new)
Article 78 b (new)
Amendment 775 #
2011/0439(COD)
Proposal for a directive
Article 78 c (new)
Article 78 c (new)
Amendment 776 #
2011/0439(COD)
Proposal for a directive
Article 79
Article 79
Amendment 817 #
2011/0439(COD)
Proposal for a directive
Article 80
Article 80
Contracting entities may lay down special conditions linked to the subject matter and relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 824 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 1
Article 81 – paragraph 1
1. In the procurement documents, the contracting entity may ask, or may be required by a Member State to ask, the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. When there is need of a special know-how and/or equipment, subcontractors should be named in the procurements contract by the main contractor.
Amendment 831 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 2
Article 81 – paragraph 2
Amendment 842 #
2011/0439(COD)
Proposal for a directive
Article 81 – paragraph 3
Article 81 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability.
Amendment 860 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 3 – subparagraph 2
Article 82 – paragraph 3 – subparagraph 2
However, the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor, following corporate restructuring operations or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive or in case of the take-over of the main contractors' signatory status by the contracting authority accordingly to the Member State provisions in line with Article 81.
Amendment 862 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 4
Article 82 – paragraph 4
4. Where the value of a modification can be expressed in monetary terms, the modification shall not be considered to be substantial within the meaning of paragraph 1, where its value does not exceed the thresholds set out in Article 12 and should it be higher, where it is below 520 % of the price of the initial contract, provided that the modification does not alter the overall nature of the contract. Where several successive modifications are made, the value shall be assessed on the basis of the cumulative value of the successive modifications.
Amendment 877 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 6 – subparagraph 2
Article 82 – paragraph 6 – subparagraph 2
Amendment 878 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 7 – introductory part
Article 82 – paragraph 7 – introductory part
7. Contracting entities shall not have recourse to modifications of the contract in the following cases:where the modification would aim at compensating risks of price increases that have been hedged by the contractor.
Amendment 880 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 7 – point a
Article 82 – paragraph 7 – point a
Amendment 882 #
2011/0439(COD)
Proposal for a directive
Article 82 – paragraph 7 – point b
Article 82 – paragraph 7 – point b
Amendment 887 #
2011/0439(COD)
Proposal for a directive
Article 83 – paragraph 1 – point c
Article 83 – paragraph 1 – point c
Amendment 890 #
2011/0439(COD)
Proposal for a directive
Article 83 – paragraph 1 a (new)
Article 83 – paragraph 1 a (new)
Where successive modifications which are beyond the control of the tenderer render the public contract impossible to perform, except for the tying-up of disproportionate investments, Member States shall ensure that tenderers can, under the conditions determined by the applicable national contract law: (a) ask for the compensation of any additional service necessary for the performance of the contract; (b) claim for the termination of the contract.
Amendment 897 #
2011/0439(COD)
Proposal for a directive
Article 85 – paragraph 1
Article 85 – paragraph 1
Amendment 899 #
2011/0439(COD)
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
Amendment 903 #
2011/0439(COD)
Proposal for a directive
Article 85 – paragraph 4
Article 85 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 65.
Amendment 906 #
2011/0439(COD)
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
Amendment 909 #
2011/0439(COD)
Proposal for a directive
Article 86 – paragraph 2
Article 86 – paragraph 2
2. Member States shall ensure that contracting entities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.
Amendment 931 #
2011/0439(COD)
Proposal for a directive
Article 93
Article 93
Amendment 952 #
2011/0439(COD)
Proposal for a directive
Article 94 – paragraph 1 – subparagraph 1 – introductory part
Article 94 – paragraph 1 – subparagraph 1 – introductory part
1. Contracting entities shall keep appropriate information on each above threshold contract, framework agreement andor each time a dynamic purchasing system is established. This information shall be sufficient to permit them at a later date to justify decisions taken in connection with:
Amendment 953 #
2011/0439(COD)
Proposal for a directive
Article 94 – paragraph 1 – subparagraph 2
Article 94 – paragraph 1 – subparagraph 2
Contracting entities shall document the progress of alltake appropriate steps to document the procurement procedures, whether or not the procedures are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, selection and award of the contract.
Amendment 957 #
2011/0439(COD)
Proposal for a directive
Article 94 – paragraph 2
Article 94 – paragraph 2
2. The information shall be kept for at least four years from the date of award of the contract so that the contracting entity will be able, during that period, to provide the necessary information to the Commission or the national oversight body where theyif it so request its.
Amendment 960 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 1
Article 95 – paragraph 1
1. The bodies established or appointed in accordance with Article 93 shall forward to the CommissionMember States shall ensure that the Commission receives every year an implementation and statistical report on each year, based on a standard form, not later than 31 October of the following year.
Amendment 962 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 2
Article 95 – paragraph 2
Amendment 965 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 3 – point a (new)
Article 95 – paragraph 3 – point a (new)
(a) in the interests of administrative simplification, the statistical data may be collected on the basis of sampling, provided that its representativeness is not jeopardised;
Amendment 966 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 3 – point b (new)
Article 95 – paragraph 3 – point b (new)
(b) the confidential nature of the information provided is respected.
Amendment 967 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 5
Article 95 – paragraph 5
Amendment 969 #
2011/0439(COD)
Proposal for a directive
Article 95 – paragraph 6
Article 95 – paragraph 6
Amendment 972 #
2011/0439(COD)
Proposal for a directive
Article 96 – paragraph 1
Article 96 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic adviceinformation, guidance and assistance to contracting entities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting entity can obtain competent assistance and adviceinformation on individual questions.
Amendment 973 #
2011/0439(COD)
Proposal for a directive
Article 96 – paragraph 4
Article 96 – paragraph 4
Amendment 975 #
2011/0439(COD)
Proposal for a directive
Article 97 – paragraph 3
Article 97 – paragraph 3
Amendment 980 #
2011/0439(COD)
Proposal for a directive
Article 98 – paragraph 2
Article 98 – paragraph 2
2. The delegation of power referred to in Articles 4, 35, 33, 38, 25, 65, 70, 77, 85 and 95 shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of this Directive].
Amendment 981 #
2011/0439(COD)
Proposal for a directive
Article 98 – paragraph 3
Article 98 – paragraph 3
3. The delegation of power referred to in Articles 4, 35, 33, 38, 25, 65, 70, 77, 85 and 95 may be revoked at any time by the European Parliament or by the Council. A revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1002 #
2011/0439(COD)
Proposal for a directive
Annex 17 – table – rows 7 a to 7 l (new)
Annex 17 – table – rows 7 a to 7 l (new)
79112000-2 Legal representation services 79100000-5 Legal services 79110000-8 Legal advisory and representation services 79111000-5 Legal advisory services 79112100-3 Stakeholders representation services 79120000-1 Patent and copyright consultancy services 79121000-8 Copyright consultancy services 79121100-9 Software copyright consultancy services 79130000-4 Legal documentation and certification services 79131000-1 Documentation services 79132000-8 Certification services 79140000-7 Legal advisory and information services
Amendment 58 #
2011/0438(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on the Functioningies of the European Union, and in particular the free movement of goods, freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non- discrimination, mutual recognition, proportionality and transparency and with the distribution of competencies as enshrined in Article 14 (1) TFEU and the Protocol No 26. The European regulation of public procurement should respect the wide discretion of public authorities in carrying out their public service tasks. However, for public contracts above a certain value, provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition.
Amendment 68 #
2011/0438(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also wheret the same time ensuring that contracting authorities may require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions.
Amendment 77 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose.
Amendment 79 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 92 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 94 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 97 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 99 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 102 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) the agreement establishes a genuine cooperation between thepurpose of the partnership is the provision of a public-service task conferred on all participating contractingpublic authorities aimed at carrying out jointly, or the provision of an ancillary task necessary to deliver their public service tasks and involving mutual rights and obligations of the par conferred on all the public authorities;
Amendment 103 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 106 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) the participating contractingpublic authorities do not perform on the open market more than 120 % in terms of turnover of the activities which are relevant in the context of the agreemen, subject to the contract;
Amendment 107 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
Amendment 109 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities invol task is carried out solely by the public authorities concerned, with no participation of a private party with the exception of contracting authorities participating in the cooperation as a public law body in the sense of Article 2(6) of this Directived.
Amendment 110 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Amendment 111 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation is legally enforced and/or the private participation was not foreseeable at the time of the initial contracting.
Amendment 112 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. However transferring tasks between public sector organisations is a matter for the Member States' internal administrative organisation and is not subject to procurement rules.
Amendment 115 #
2011/0438(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States may reserve the right to participate in public procurement procedures to 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, economic operators or programmes are disabled and/or disadvantaged workerpersons. 'Disadvantaged persons' includes amongst others: the unemployed, people experiencing particular difficulty in achieving integration, people at risk of exclusion, members of vulnerable groups and members of disadvantaged minorities.
Amendment 125 #
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 foursix years, save in exceptional cases duly justified, in particular by the subject of the framework agreement. The term of a framework agreement regarding the maintenance is based on the lifecycle of the work or supply.
Amendment 126 #
2011/0438(COD)
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 139 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they haveit has been established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or of the collective agreements which apply in the place where the work, service or supply is performed or by the international social and environmental law provisions listed in Annex XI and provided they are linked to the subject matter of the contract.
Amendment 148 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 149 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost- effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.
Amendment 150 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as:
Amendment 167 #
2011/0438(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, Article 53(1), Article 62 and Article 114 as well as Protocol No 26 thereof,
Amendment 169 #
2011/0438(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The award of public contracts by or on behalf of Member States authorities has to comply with the principles of the Treaty on the Functioning of the European Unionies , and in particular the free movement of goods, freedom of establishment and the freedom to provide services as well as the principles deriving therefrom, such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency and with the distribution of competencies as enshrined in Article 14 of the Treaty on the Functioning of the European Union and Protocol No 26. The European regulation of public procurement should respect the wide discretion of public authorities in carrying out their public service tasks. However, for public contracts above a certain value, provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition.
Amendment 172 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 173 #
2011/0438(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy12 as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. For that purpose, the current public procurement rules adopted pursuant to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors13 and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts14 have to be revised and modernised in order to enable procurer to make better use of public procurement in support of sustainable development and other common societal goals, thereby increaseing the efficiency of public spending, ensuring best value for money and facilitating in particular the participation of small and medium-sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals. There is also a need to simplify the Directives and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union. This Directive provides legislation on how to buy. Contracting authorities may set demands that are stricter or go further than current Union legislation in order to reach the common objectives.
Amendment 174 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability.
Amendment 176 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 – point c
Article 73 – paragraph 1 – point c
Amendment 177 #
2011/0438(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The increasingly diverse forms of public action have made it necessary to define more clearly the notion of procurement itself. The Union rules on public procurement are not intended to cover all forms of disbursement of public money, but only those aimed at the acquisition of works, supplies or services for consideration. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works, supplies or services in question, not necessarily requiring a transfer of ownership to the contracting authorities. Furthermore, the mere financing of an activity, which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended, does not usually fall under the public procurement rules. Contracts awarded to controlled entities as well as cooperation for the joint execution of public service tasks of the participating contracting authorities are not subject of the public procurement rules if the conditions set out in this Directive are fulfilled.
Amendment 177 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 a (new)
Article 73 – paragraph 1 a (new)
Amendment 178 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 1
Article 75 – paragraph 1
Amendment 179 #
2011/0438(COD)
Proposal for a directive
Recital 4
Recital 4
(4) It has also proven necessary to clarify what should be understood as a single procurement, with the effect that the aggregate value of all contracts concluded for the purpose of this procurement has to be taken into account with regard to the thresholds of this directive, and that the procurement should be advertised as a whole, possibly split into lots. The concept of single procurement encompasses all supplies, works and services needed to carry out a particular project, for instance a works project or an entirety of works, supplies and/or services. Indications for the existence of one single project can for instance consist in overall prior planning and conception by the contracting authority, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked and carried out in a narrow time frame.
Amendment 180 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
Article 75 – paragraph 3 – subparagraph 1
The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard formsI.
Amendment 182 #
2011/0438(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Under Article 9, 10 and 11 of the Treaty on the Functioning of the European Union, environmental protection requirements and social considerations must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development. This Directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring that and how they can use their discretionary power to select technical specifications and award criteria with the aim of achieving sustainable public procurement, whilst ensuring the link to the subject matter of they contract and obtain theing best value for money for their contracts.
Amendment 182 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2
Article 75 – paragraph 3 – subparagraph 2
Amendment 184 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 4
Article 75 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.
Amendment 186 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 188 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2
Article 76 – paragraph 2
2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.
Amendment 191 #
Amendment 193 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
The report, or its main elements, shall be communicated to the Commission or to the national oversight body where they so request.
Amendment 194 #
2011/0438(COD)
Proposal for a directive
Annex 16 a (new)
Annex 16 a (new)
The following legal services: 79112000-2 Legal representation services 79100000-5 Legal services 79110000-8 Legal advisory and representation services 79111000-5 Legal advisory services 79112100-3 Stakeholders representation services 79120000-1 Patent and copyright consultancy services 79121000-8 Copyright consultancy services 79121100-90 Software copyright consultancy services 79130000-4 Legal documentation and certification services 79131000-1 Documentation services 79132000-8 Certification services 79140000-7 Legal advisory and information services
Amendment 197 #
2011/0438(COD)
Proposal for a directive
Recital 10
Recital 10
Amendment 204 #
2011/0438(COD)
Proposal for a directive
Recital 11
Recital 11
(11) OtherSome categories of services continue by their very nature to have a limited cross- border dimension, namely what are known as services to the person, such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specific regime should therefore be established for public contracts for these services, with a higher threshold of EUR 500 000. Services to the person with values below this threshold will typically not be of interest to providers from other Member States, unless there are concrete indications to the contrary, such as Union financing for transborder projects. Contracts for services to the person above this threshold should be subject to Union-wide transparency. Given the importance of the cultural context and the sensitivity of these services, Member States should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this directive take account of that imperative, imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee17 . Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority, without any limits or quotas, provided such a system ensures sufficient advertising and complies with the principles of transparency and non-discrimination. This Directive does not apply to tried and tested procedures in Member States that are based on the users free choice of service providers for services of general interest (i.e. voucher system, free choice model, triangular relationship) provided that account is taken of the general Treaty principles of equal treatment, transparency and non-discrimination.
Amendment 209 #
2011/0438(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 238 #
2011/0438(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re- use and automatically process data and to minimise information and transaction costs. The use of such electronic means of communication should therefore, as a first step, be rendered compulsory for central purchasing bodies, while also facilitating converging practices across the Union. This should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years.
Amendment 245 #
2011/0438(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition. To that end, it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition. Consequently, technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies, services or works habitually offered by that economic operator. Drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation. Where reference is made to a European standard or, in the absence thereof, to a national standard, tenders based on equivalent arrangements must be considered by contracting authorities. To demonstrate equivalence, tenderers can be required to provide third-party verified evidence; however, other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports, or no possibility of obtaining them within the relevant time limits. In order not to discriminate those tenderers who invest time and money for certificates or test reports, the burden for providing equivalence should be placed on the tenderer claiming equivalence.
Amendment 251 #
2011/0438(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In order to foster the involvement of small and medium-sized enterprises (SMEs) in the public procurement market, contracting authorities should be encouraged to divide contracts into lots, and be obliged to state the reasons for not doing so. Where contracts are divided into lots, contracting authorities may, for instance in order to preserve competition or to ensure security of supply, limit the number of lots for which an economic operator may tender; they may also limit the number of lots that may be awarded to any one tenderer.
Amendment 256 #
2011/0438(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption, fraud to the detriment of the Union's financial interests or money laundering. Non- payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the Union. Furthermore, contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental, labour or social obligations, including rules on working conditions, collective agreements and accessibility for disabled persons or other forms of grave professional misconduct, such as violations of competition rules or of intellectual property rights.
Amendment 261 #
2011/0438(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency, non-discrimination and equal treatment. These criteria should guarantee that tenders are assessed in conditions of effective competition, also wheret the same time ensuring that contracting authorities may require high-quality works, supplies and services that are optimally suited to their needs, for instance where the chosen award criteria include factors linked to the production process. As a result, contracting authorities should be allowed to adopt as award criteria either ‘the most economically advantageous tender’ or ‘the lowest cost’, taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions.
Amendment 273 #
2011/0438(COD)
Proposal for a directive
Recital 40
Recital 40
(40) These sector-specific measures must be complemented by an adaptation of the public procurement Directives empowering contracting authorities to pursue the objectives of the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach, provided that the methodology to be used is established in an objective and non- discriminatory manner and accessible to all interested parties. The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services, both their internal costs (such as development, production, use, maintenance and end-of- life disposal costs) and their external costs, provided they can be monetised and monitored. Common methodologies should be developed at the level of the Union for the calculation of life-cycle costs for specific categories of supplies or services; whenever such a methodology is developed its use should be made compulsory.
Amendment 280 #
2011/0438(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Furthermore, in technical specifications and, in award criteria and in contract performance clauses, 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. Those characteristics may only concern among others 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 environmenbe linked to the subject matter of the contract. 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. Contracting authorities may include social considerations (i.e. ILO core conventions) in the technical specifications when this is relevant and linked to the subject matter of the contract.
Amendment 303 #
2011/0438(COD)
Proposal for a directive
Recital 49
Recital 49
Amendment 306 #
2011/0438(COD)
Proposal for a directive
Recital 50
Recital 50
Amendment 314 #
2011/0438(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Effective cooperation is necessary to ensure consistent advice and practice within each Member State and across the Union. Bodies designated for monitoring, implementation, control and technical assistance should be able to share information and cooperate; in the same context, the national authority designated by each Member State should act as the preferred contact point with the Commission services for the purpose of collecting data, exchanging information and monitoring the implementation of Union public procurement law.
Amendment 317 #
2011/0438(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In order to adapt to rapid technical, economic and regulatory developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of a number of non-essential elements of this Directive. In fact, due to the need to comply with international agreements, the Commission should be empowered to modify the technical procedures for the calculation methods concerning thresholds as well as to periodically revise the thresholds themselves and to adapt Annexes V and XI; the lists of central government authorities are subject to variations due to administrative changes at national level. These are notified to the Commission, which should be empowered to adapt the Annex I; references to the CPV nomenclature may undergo regulatory changes at EU level and it is necessary to reflect those changes into the text of this Directive; the technical details and characteristics of the devices for electronic receipt should be kept up to date with technological developments and administrative needs; it is also necessary to empower the Commission to make mandatory technical standards for electronic communication to ensure the interoperability of technical formats, processes and messaging in procurement procedures conducted using electronic means of communication taking into account technological developments and administrative needs; and the content of the European Procurement Passport to reflect administrative needs and regulatory changes at both national and EU level; the list of legislative acts of the Union establishing common methodologies for the calculation of life-cycle costs should be quickly adapted to incorporate the measures adopted on a sectoral basis. In order to satisfy these needs, the Commission should be empowered to keep the list of legislative acts including LCC methodologies up-to date.
Amendment 321 #
2011/0438(COD)
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure uniform conditions for the implementation of this Directive, as for the drawing up of the standard forms for the publication of notices, the standard form for the European Procurement Passport and the common template to be used by the oversight bodies for drawing up the implementation and statistical report, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No. 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers24 . The advisory procedure should be used for the adoption of these implementing acts, which do not have any impact either from the financial point of views or on the nature and scope of obligations stemming from this Directive. On the contrary, these acts are characterised by a mere administrative purpose and serve to facilitate the application of the rules set by this Directive.
Amendment 325 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
2. Procurement within the meaning of this Directive is the purchase or other forms of acquisition of works, supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities, whether or not the works, supplies or services are intended for a public purpose.
Amendment 331 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 2
Article 1 – paragraph 2 – subparagraph 2
Amendment 346 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point a
Article 2 – paragraph 1 – point 6 – point a
(a) they are established for or have the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; for that purpose, a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest, not having an industrial or commercial character;
Amendment 353 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point a a (new)
Article 2 – paragraph 1 – point 8 – point a a (new)
(aa) or a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authority. A 'work' means the outcome of building or civil engineering works taken as a whole which is sufficient of itself to fulfil an economic or technical function.
Amendment 354 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
Amendment 355 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point c
Article 2 – paragraph 1 – point 8 – point c
Amendment 359 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15
Article 2 – paragraph 1 – point 15
(15) ‘procurement documents’ means allny documents produced or referred to by the contracting authority to describe or determine elements of the procurement or the procedure, including the contract notice, the prior information notice where it is used a means of calling for competition, the technical specifications, the descriptive document, proposed conditions of contract, formats for the presentation of documents by candidates and tenderers, information on generally applicable obligations and any additional documents.
Amendment 371 #
2011/0438(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23a) Service concession' is a contract of the same type as a public service contract except for the fact that the consideration for the provision of services consists either solely in the right to exploit the service or in this right together with payment.
Amendment 406 #
2011/0438(COD)
Proposal for a directive
Article 5 – paragraph 9
Article 5 – paragraph 9
Amendment 419 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
Amendment 431 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point d
Article 10 – paragraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council27 , transactions by the contracting authorities to raise money or capital, central bank services and operations conducted with the European Financial Stability Facility;
Amendment 438 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) employment contracts including the secondment of temporary personnel;
Amendment 443 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point f a (new)
Article 10 – paragraph 1 – point f a (new)
(fa) civil protection, emergency preparedness and response and emergency medical services;
Amendment 452 #
2011/0438(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Amendment 453 #
2011/0438(COD)
Proposal for a directive
Article 10 b (new)
Article 10 b (new)
Article 10b Specific Regimes to deliver SGI This Directive shall not apply to tried and tested Member State procedures that are based on the user’s free choice of service providers (i.e. voucher system, free choice model, triangular relationship) as well as the principle that all providers which are able to comply with the conditions previously laid down by law should, irrespective of their legal form, be permitted to provide services, provided that account is taken of the general principles of equal treatment, transparency and non-discrimination.
Amendment 454 #
2011/0438(COD)
Proposal for a directive
Article 10 c (new)
Article 10 c (new)
Article 10c Service concession Without prejudice to the application of Article 10a , this Directive shall not apply to service concessions as defined in Article 2(23 a).
Amendment 459 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority;
Amendment 476 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, with the exception of legally enforced forms of private participation.
Amendment 483 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 493 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Paragraph 1 also applies where a controlled entity which is a contracting authority awards a contract to its controlling entity or entities, 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 contract, with the exception of legally enforced forms of private participation.
Amendment 501 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
3. A contracting authority, which does not exercise over a legal person control within the meaning of paragraph 1, may nevertheless award a public contract without applyingoutside the scope of this Directive to a legal person which it controls jointly with other contracting authorities, where the following conditions are fulfilled:
Amendment 507 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) at least 980 % of the activities of that legal person, subject to the contract, are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities;
Amendment 520 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
(c) there is no private participation in the controlled legal person, with the exception of legally enforced forms of private participation.
Amendment 525 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
Amendment 538 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. An agreement concluded between two or more contracting authorities shall not be deemed to be a public contract within the meaning of Article 2(6)7) of this Directive and thus fall outside the scope of this Directive where the following cumulative conditions are fulfilled:
Amendment 540 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) the agreement establishes a genuine cooperation between thepurpose of the partnership is the provision of a public-service task conferred on all participating contractingpublic authorities aimed at carrying out jointly, or the provision of an ancillary task necessary to deliver their public service tasks and involving mutual rights and obligations of the par conferred on all the public authorities;
Amendment 546 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 558 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
(c) the participating contractingpublic authorities do not perform on the open market more than 120 % in terms of turnover of the activities which are relevant in the context of the agreemen, subject to the contract;
Amendment 562 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
Amendment 569 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
(e) there is no private participation in any of the contracting authorities invol task is carried out solely by the public authorities concerned, with no participation of a private party with the exception of contracting authorities participating in the cooperation as a public law body in the sense of Article 2(6) of this Directived.
Amendment 574 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Amendment 576 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
The exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place, with the effect that ongoing contracts need to be opened to competition through regular procurement procedures, unless the private participation is legally enforced and/or the private participation was not foreseeable at the time of the initial contracting.
Amendment 581 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. However transferring tasks between public sector organisations is a matter for the Member States' internal administrative organisation and is not subject to procurement rules.
Amendment 599 #
2011/0438(COD)
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
Article 16 – paragraph 1 – subparagraph 2
However, in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations, legal persons may be required to indicate, in the tender or the request to participate, the names and relevant professional qualification levels of the staff to be responsible for the performance of the contract in question.
Amendment 602 #
2011/0438(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States may reserve the right to participate in public procurement procedures to 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, economic operators or programmes are disabled and/or disadvantaged workerpersons. 'Disadvantaged persons' includes amongst others: the unemployed, people experiencing particular difficulty in achieving integration, people at risk of exclusion, members of vulnerable groups and members of disadvantaged minorities.
Amendment 605 #
2011/0438(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Unless otherwiseNotwithstanding providedsions in this Directive or in the national law concerning access to information, and without prejudice to the obligations relating to the advertising of awarded contracts and to the information to candidates and tenderers set out in Articles 48 and 53 of this Directive, the contracting authority shall not disclose information forwarded to it by economic operators which they have designated as confidential, including, but not limited to, technical or trade secrets and the confidential aspects of tenders.
Amendment 620 #
2011/0438(COD)
Proposal for a directive
Article 19 – paragraph 7 – subparagraph 1
Article 19 – paragraph 7 – subparagraph 1
7. Member States shall ensure that, at the latest 24 years after the date provided for in Article 92(1), all procurement procedures under this Directive are performed using electronic means of communication, in particular e-submission, in accordance with the requirements of this Article.
Amendment 634 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the chairperson of the contracting authority and members of decision- making bodies of the contracting authority who, without necessarily being involved in the conduct of the procurement procedure, may nevertheless influence the outcome of that procedure.
Amendment 635 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b
Article 21 – paragraph 3 – subparagraph 1 – point b
(b) that candidates and tenderers, e.g. company directors or any other person having powers of decision, powers or control in respect of the candidate or tenderer, are required to submit at the beginning of the procurement procedure a declaration on the existence of any privileged links with the persons referred to in paragraph 2(b), which are likely to place those persons in a situation of conflict of interests; the contracting authority shall indicate in the individual report referred to in Article 85 whether any candidate or tenderer has submitted a declaration.
Amendment 637 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 3
Article 21 – paragraph 3 – subparagraph 3
Where privileged links are identified, the contracting authority shall immediately inform the oversight body designated in accordance with Article 84 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candid, document those measures adequatesly and tenderers. Where the conflict of interests cannot be effectively remedied by other means, the candidate or tenderer concerned shall be excluded from the procedureensure equal treatment of candidates and tenderers.
Amendment 640 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 4
Article 21 – paragraph 4
Amendment 717 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
In the contract notice or in the invitation to confirm interest contracting authorities shall describe the procurement and the minimum requirements to be met and specify the awardmain award criterion or criteria so as to enable economic operators to identify the nature and scope of the procurement and decide whether to request to participate in the negotiations. In the technical specifications, contracting authorities shall specify which parts thereof define the minimum requirements.
Amendment 723 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 3
Article 27 – paragraph 1 – subparagraph 3
The minimum time limit for receipt of requests to participate shall be 30 dayssufficient from the date on which the contract notice or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is sent; the minimum time limit for the receipt of tenders shall be 30 dayssufficient from the date on which the invitation is sent. Article 26 (3) to (6) shall apply.
Amendment 727 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 1
Article 27 – paragraph 3 – subparagraph 1
3. Contracting authorities shall negotiate with tenderers the tenders submitted by them to improve the content of the offers in order to better correspond to the award criteria and minimum requirements referred to in the second subparagraph of paragraph 1. The negotiation may focus on the legal, technical and financial components of the tender as well as on the variants and the correction of material errors.
Amendment 736 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point b
Article 27 – paragraph 3 – subparagraph 2 – point b
Amendment 741 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2 – point c
Article 27 – paragraph 3 – subparagraph 2 – point c
(c) the awardmain award criterion or criteria.
Amendment 752 #
2011/0438(COD)
Proposal for a directive
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Competitive procedures with negotiation may take place in successive stages in order to reduce the number of tenders to be negotiated by applying the awardselection criteria specified in the contract notice, in the invitation to confirm interest or in the procurement documents. In the contract notice, the invitation to confirm interest or the procurement documents, the contracting authority shall indicate whether it will use this option.
Amendment 758 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Contracting authorities shall set out their needs and requirements in the contract notice and they shall define these needs and requirements in the notice and/or in a descriptive document. At the same time and in the same documents, they shall also set out and define the chosen awardmain award criterion or criteria.
Amendment 767 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 5
Article 28 – paragraph 5
5. The contracting authority shallmay either set a limited timeframe for the dialogue, which figures in the contract notice or continue the dialogue until it can identify the solution or solutions which are capable of meeting its needs.
Amendment 770 #
2011/0438(COD)
Proposal for a directive
Article 28 – paragraph 7 – subparagraph 1 a (new)
Article 28 – paragraph 7 – subparagraph 1 a (new)
At the request of the contracting authority, the tenderer identified as having submitted the most economically advantageous tender may be asked to clarify aspects of the tender or confirm commitments contained in the tender provided this does not have the effect of modifying substantial aspects of the tender or of the call for tender and does not risk distorting competition or causing discrimination.
Amendment 792 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point a
Article 30 – paragraph 2 – subparagraph 1 – point a
(a) where no tenders or no suitable tenders or no requests to participate have been submitted in response to an open procedure or, a restricted procedure or a negotiated procedure with prior publication, provided that the initial conditions of the contract are not substantially altered and that a report is sent to the Commission or the national oversight body designated according to Article 84 where they so request.
Amendment 801 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
Article 30 – paragraph 2 – subparagraph 1 – point c – point i
(i) the absence of competition for technical or legal reasons;
Amendment 808 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1 – point d
Article 30 – paragraph 2 – subparagraph 1 – point d
(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by force majeureand which has not been foreseeable by the contracting authority, the time limits for the open, restricted or competitive procedures with negotiation cannot be complied with; the circumstances invoked to justify extreme urgency must not in any event be attributable to the contracting authority;
Amendment 813 #
2011/0438(COD)
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 2 – indent 1
Article 30 – paragraph 2 – subparagraph 2 – indent 1
– it is irregular or unacceptable, andor
Amendment 824 #
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 foursix years, save in exceptional cases duly justified, in particular by the subject of the framework agreement. The term of a framework agreement regarding the maintenance is based on the lifecycle of the work or supply.
Amendment 853 #
2011/0438(COD)
Proposal for a directive
Article 33 – paragraph 1 – subparagraph 1
Article 33 – paragraph 1 – subparagraph 1
Amendment 870 #
2011/0438(COD)
Proposal for a directive
Article 36
Article 36
Amendment 871 #
2011/0438(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. OneTwo or more contracting authorities may agree to perform certain specific procurements jointly.
Amendment 872 #
2011/0438(COD)
Proposal for a directive
Article 37 – paragraph 2 – subparagraph 1
Article 37 – paragraph 2 – subparagraph 1
Where one contracting authority alonthe conducts the of a procurement procedures concerned in all its stages from the publication of the call for competition to the end of the performance of the ensuing contract or contracts, that contracting authority shall have sole responsibility for fulfilling the obligations pursuant to this Directive. in its entirety is carried out jointly by the contracting authorities concerned, they shall be jointly responsible for fulfilling the obligations pursuant to this Directive. Contracting authorities shall be deemed to conduct an award procedure jointly where one contracting authority manages the procedure on both its own behalf and on that of the other contracting authorities concerned.
Amendment 873 #
2011/0438(COD)
Proposal for a directive
Article 37 – paragraph 2 – subparagraph 2
Article 37 – paragraph 2 – subparagraph 2
However, where the conduct of the procurement procedures and the performance of the ensuing contracts is carried out by more than one of the participatingis not in its entirety carried out jointly by the contracting authorities, concerned each shall continue to be responsible for fulfilling its obligations pursuant to this Directive in respect of the stages it conducts.
Amendment 881 #
2011/0438(COD)
Proposal for a directive
Article 38 – paragraph 5 – point c
Article 38 – paragraph 5 – point c
Amendment 887 #
2011/0438(COD)
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 1
Article 39 – paragraph 1 – subparagraph 1
1. Before launching a procurement procedure, contracting authorities may conduct market consultations in order to assess the structure, capability and capacity of the market and/or to inform economic operators of their procurement plans and requirements.
Amendment 889 #
2011/0438(COD)
Proposal for a directive
Article 39 – paragraph 1 – subparagraph 2
Article 39 – paragraph 1 – subparagraph 2
For this purpose, contracting authorities may seek or accept advice from administrative support structures or from third parties or market participants, provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non-discrimination and transparency.
Amendment 895 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 1
Article 40 – paragraph 1 – subparagraph 1
The technical specifications as defined in point 1 of Annex VIII shall be set out in the procurement documents. They shall define the characteristics required of a works, service or supply and have to be linked to the subject matter of the contract.
Amendment 899 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 2
Article 40 – paragraph 1 – subparagraph 2
These characteristics may also refer to the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2.
Amendment 908 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 1 – subparagraph 5
Article 40 – paragraph 1 – subparagraph 5
Where mandatory accessibility standards are adopted by a legislative act of the Union, technical specifications shall, as far as accessibility criteria for persons with disabilities or design for all users are concerned, be defined by reference thereto.
Amendment 913 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 3 – point a
Article 40 – paragraph 3 – point a
(a) in terms of performance or functional requirements, including environmental and social characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities to award the contract;
Amendment 917 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 3 – point b
Article 40 – paragraph 3 – point b
(b) by reference to technical specifications and, in order of preference, to national standards transposing European standards, European tTechnical approvalsAssessment, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or when any of those do not exist national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words ‘or equivalent’;
Amendment 921 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 4
Article 40 – paragraph 4
4. UnlessWhen justified by the subject-matter of the contract, technical specifications shall notmay refer to a specific make or source, or a particular process which characterises the products or services, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied by the words ‘or equivalent’.
Amendment 926 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 5
Article 40 – paragraph 5
5. Where a contracting authority uses the option of referring to the specifications referred to in point (b) of paragraph 3, it shall not reject a tender on the grounds that the works, supplies and services tendered for do not comply with the specifications to which it has referred, once the tenderer proves in its tender by whatever appropriate means, including the means of proof referred to in Article 42, that the solutions it proposes satisfy in an equivalent manner the requirements defined by the technical specifications.
Amendment 928 #
2011/0438(COD)
Proposal for a directive
Article 40 – paragraph 6 – subparagraph 2
Article 40 – paragraph 6 – subparagraph 2
In its tender, the tenderer shall prove by any appropriate means, including those referred to in Article 42, that the work, supply or service in compliance with the standard meets the performance or functional requirements of the contracting authority.
Amendment 930 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Article 41 – paragraph 1 – subparagraph 1 – introductory part
Where contracting authorities lay down environmentin the technical, social or other characteristics of pecifications, the award criteria works, service or supply in terms of performance or functional requirements as referred to in point (a) of Article 40(3) they may require that these works, services or supplies bear a specific label the contract performance clauses environmental, social or other requirements or criteria, they may require a specific label as means of proof that these works, services or supplies correspond to such requirements or criteria, provided that all of the following conditions are fulfilled:
Amendment 934 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point a
Article 41 – paragraph 1 – subparagraph 1 – point a
(a) the requirements forto be met in order to obtain the label only concern characteristicsriteria which are linked to the subject-matter of the contract and are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract;
Amendment 939 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point b
Article 41 – paragraph 1 – subparagraph 1 – point b
(b) the requirements for the label are drawn up on the basis of scientific information orto be met in order to obtain the label are based on other objectively verifiable and non- discriminatory criteria;
Amendment 943 #
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 relevant stakeholders, including government bodies, consumers, manufacturers, trade unions, distributors and environmental and social organisations, may participate,have a substantial role. Government bodies may participate but are not obligatory.
Amendment 952 #
2011/0438(COD)
Proposal for a directive
Article 41 – paragraph 1 – subparagraph 1 – point e
Article 41 – paragraph 1 – subparagraph 1 – point e
(e) the criteria ofrequirements to be met in order to obtain the label are set by a third party which is independent from the economic operator applying for the label.
Amendment 959 #
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 specific 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 proofContracting authorities shall accept other appropriate means of proving such requirements, which may include a technical dossier of the manufacturer where the economic operator concerned has no access to the label, or no possibility of obtaining it within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. However in order not to discriminate those tenderers who invest time and money for certificates or test reports, the burden for approving equivalence should be placed on the tenderer claiming equivalence.
Amendment 968 #
2011/0438(COD)
Proposal for a directive
Article 42 – paragraph 1 – subparagraph 1
Article 42 – paragraph 1 – subparagraph 1
Contracting authorities may require that economic operators provide a test report from a recognised body or a certificate issued by such a body as means of proof of conformity with requirements or criteria set out in the technical specifications, the award criteria or the contract performance clauses.
Amendment 969 #
2011/0438(COD)
Proposal for a directive
Article 42 – paragraph 1 – subparagraph 2
Article 42 – paragraph 1 – subparagraph 2
Where contracting authorities require the submission of certificates drawn up by recognised bodies attesting conformity with a particular technical specificationa specific conformity assessment body, certificates from equivalent other recognised bodies shall also be accepted by the contracting authorities.
Amendment 971 #
2011/0438(COD)
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Contracting authorities shall accept other appropriate means of proof than those referred to in paragraph 1, such as a technical dossier of the manufacturer where the economic operator concerned has no access to the certificates or test reports referred to in paragraph 1, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the economic operator concerned. However to limit the burden on Contracting Authorities and in order not to discriminate those tenderers who invest time and money for certificates or test reports, the burden for providing equivalence should be placed on the tenderer claiming equivalence.
Amendment 974 #
2011/0438(COD)
Proposal for a directive
Article 42 – paragraph 4
Article 42 – paragraph 4
4. Member States shall make available to other Member States, upon request, any information related to the evidence and documents submitted in accordance with Article 40(6), Article 41 and paragraphs 1, 2 and 3 of this Article to prove compliance with technical requirements. The competent authorities of the Member State of establishment of the economic operator shall provide this information in accordance with Article 88.
Amendment 975 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Contracting authorities mayshall authorise tenderers to submit variants. T as long as they are linked to the subject matter of the contract. If they do not authorise variants, they shall indicate this in the contract notice or, where a prior information notice is used as a means of calling for competition, in the invitation to confirm interest whether or not they authorise variants. Variants shall not be authorisrejected without such indication.
Amendment 981 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Contracting authorities authorising variants shall state in the procurement documents the minimum requirements to be met by the variants and any specific requirements for their presentation. They shall also ensure that the chosen award criteria can be usefully applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.
Amendment 985 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 1
Article 43 – paragraph 3 – subparagraph 1
Amendment 987 #
2011/0438(COD)
Proposal for a directive
Article 43 – paragraph 3 – subparagraph 2
Article 43 – paragraph 3 – subparagraph 2
In procedures for awarding public supply or service contracts, contracting authorities that have authorised variants shall not reject a variant on the sole ground that it would, where successful, lead to either a service contract rather than a public supply contract or a supply contract rather than a public service contract.
Amendment 990 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Public contracts may be subdivided into homogenous or heterogeneous lots. For contracts with a value equal to or greater than the thresholds provided for in Article 4 but not less than EUR 500 000, determined in accordance with Article 5, where the contracting authority does not deem it appropriate to split into lots, it shall provideMember States shall provide for provisions on the subdivision of contracts into lots at their national level. Contracting authorities shall indicate, in the contract notice or in the invitation to confirm interest a specific explanati, whether tenders are limited to one of its reasonsr more lots only.
Amendment 1012 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 3 – subparagraph 3
Article 44 – paragraph 3 – subparagraph 3
Amendment 1014 #
2011/0438(COD)
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
Amendment 1022 #
2011/0438(COD)
Proposal for a directive
Article 50 – paragraph 1
Article 50 – paragraph 1
Amendment 1023 #
2011/0438(COD)
Proposal for a directive
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Contracting authorities shall offer unrestricted and full direct access free of charge by electronic means to the procurement documents from the date of publication of the notice in accordance with Article 49 or the date on which the invitation to confirm interest is sent. Contracting authorities may ask under specific circumstances for name, address or other means to identify the tenderer. The text of the notice or the invitation to confirm interest shall specify the internet address at which this documentation is accessible.
Amendment 1029 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they haveit has been established that the tender does not comply, at least in an equivalent manner, with obligations established by Union or national legislation in the field of social and labour law or environmental law or ofcollective agreements which apply in the place where the work, service or supply is performed or by the international social and environmental law provisions listed in Annex XI and provided they are linked to the subject matter of the contract.
Amendment 1039 #
2011/0438(COD)
Proposal for a directive
Article 54 – paragraph 3
Article 54 – paragraph 3
3. In open procedures, contracting authorities may decide to examine tenders before verifying the fulfilment of the selection criteria, provided that the relevant provisions of this section are observed, including the rule that the contract shall not be awarded to a tenderer that should have been excluded pursuant to Article 55 or that does not meet the selection criteria set out by the contracting authority, in accordance with subsection 1-2 of this section.
Amendment 1041 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
The obligation to exclude a candidate or tenderer from participation in a public contract shall also apply where the conviction by final judgment has condemned company directors or any other any persons having powers of representation, decision or control in respect of the candidate or tenderer.
Amendment 1069 #
2011/0438(COD)
Proposal for a directive
Article 55 – paragraph 3 – subparagraph 2
Article 55 – paragraph 3 – subparagraph 2
Amendment 1080 #
2011/0438(COD)
Proposal for a directive
Article 56 – paragraph 1 – subparagraph 2
Article 56 – paragraph 1 – subparagraph 2
They are not obliged to impose all the conditions listed in paragraphs 2, 3 and 4, but they shall not provide requirements other than those listed, except in duly justified circumstances related to the special risks attached to the very nature of the works, services or supplies.
Amendment 1097 #
2011/0438(COD)
Proposal for a directive
Article 57 – paragraph 3 – subparagraph 2
Article 57 – paragraph 3 – subparagraph 2
Candidates and tenderers shall not be required to re-submit a certificate or other documentary evidence that has already been submitted to the same contracting authority within the past fourtwo years in an earlier procedure and is still valid. The contracting authority is however entitled to demand more recent evidence in case of questionable validity during the procedure.
Amendment 1098 #
2011/0438(COD)
Proposal for a directive
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Recourse to e-Certis shall become obligatory and contracting authorities shall be obliged to require only such of types of certificates or forms of documentary evidence that are available in e-Certis at the latest 2 years after the date provided for in Article 92(1) except in duly justified circumstances related to the special risks attached to the very nature of the works, services or supplies.
Amendment 1103 #
2011/0438(COD)
Proposal for a directive
Article 59 – paragraph 4
Article 59 – paragraph 4
4. The European Procurement Passport shall be recognised by all contracting authorities as proof of fulfilment of the conditions for participation covered by it and shall not be questioned without justification. Such justification may be related to the very nature of the individual case or the fact that the passport was issued more than six months earlier. In such cases the Contracting Authority is entitled to demand more recent or divergent types of certificates.
Amendment 1108 #
2011/0438(COD)
Proposal for a directive
Article 60 – paragraph 3 a (new)
Article 60 – paragraph 3 a (new)
3a. A contracting authority shall request the tenderers or candidates to provide evidence that they have taken into account, when drawing up their tender, the obligations relating to employment protection provisions and the working conditions which are in force in the place where the works are to be carried out or the service is to be provided.
Amendment 1112 #
2011/0438(COD)
Proposal for a directive
Article 61 – paragraph 2
Article 61 – paragraph 2
2. Where contracting authorities require the production of certificates drawn up by independent bodies attesting that the economic operator complies with certain environmental management schemes or standards, they shall refer to the European Union Eco-Management and Audit Scheme (EMAS) or to other environmental management schemes as recognized in accordance with Article 45 of Regulation (EC) No 1221/2009 of the European Parliament and of the Council41 or other environmental management standards based on the relevant European or international standards by accredited bodies. They shall recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of equivalent environmental management measures from economic operators that have no access to such certificates, or no possibility of obtaining them within the relevant time limits. In order not to discriminate those tenderers who invest time and money for certificates or test reports, the burden for providing equivalence should be placed on the tenderer claiming equivalence.
Amendment 1115 #
2011/0438(COD)
Proposal for a directive
Article 61 – paragraph 3
Article 61 – paragraph 3
3. Upon request, Member States shall make available to other Member States, in accordance with Article 88, any information relating to the documents produced as evidence of compliance with quality, social and environmental standards referred to in paragraphs 1 and 2 of this Article.
Amendment 1134 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point b
Article 66 – paragraph 1 – subparagraph 1 – point b
Amendment 1149 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 2
Article 66 – paragraph 1 – subparagraph 2
Costs may be assessed, on the choice of the contracting authority, on the basis of the price only or using a cost- effectiveness approach, such as a life-cycle costing approach, under the conditions set out in Article 67.
Amendment 1153 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically advantageous tender referred to in point (a) of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject-matter of the public contract in question. Those criteria shall include, in addition to the price or costs referred to in point (b) of paragraph 1, other criteria linked to the subject-matter of the public contract in question, such as:
Amendment 1164 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point a
Article 66 – paragraph 2 – point a
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, environmental characteristics, social and innovative characteristics;
Amendment 1180 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point b
Article 66 – paragraph 2 – point b
(b) for service contracts and contracts involving works and especially the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced with the consent of the contracting authority, which must verify that replacements ensure equivalent organisation and quality;
Amendment 1189 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point d
Article 66 – paragraph 2 – point d
(d) the specific process of production or provision of the requested works, supplies or services or of any other stage of its life cycle as referred to in point (22) of Article 2, to the extent that those criteria are specified in accordance with paragraph 4 and they concern factors directly involved in these processes and characterise the specific process of production or provision of the requested works, supplies or services.
Amendment 1191 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – point d a (new)
Article 66 – paragraph 2 – point d a (new)
(da) The contracting authority may also include the necessary price element within the criterion of the economically most advantageous tender by setting a fixed price or cost on the basis of which economic operators will compete on pure quality criteria.
Amendment 1201 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 4
Article 66 – paragraph 4
4. Award criteria shall not confer an unrestricted freedom of choice on the contracting authority. They shall ensure the possibility of effective competition and shall be accompanied by requirements that allow the information provided by the tenderers to be effectively verified. Contracting authorities shall verify effectively, on the basis of the information and proof provided by the tenderers, whether the tenders meet the award criteriabe accompanied by requirements that allow the information provided by the tenderers to be effectively verified.
Amendment 1217 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 1 – point b
Article 67 – paragraph 1 – point b
(b) external costs such as social and/or environmental costs, directly linked to the life cycle, provided their monetary value can be determined and verified, which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 1220 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – introductory part
Article 67 – paragraph 2 – subparagraph 1 – introductory part
2. Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the procurement documents the methodology used for the calculation ofdata to be provided by the tenderers and the method which the contracting authority will use to determine the life-cycle costs. The methodology used for the assessment of those life-cycle costs must fulfil all of the following conditions:
Amendment 1224 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point a
Article 67 – paragraph 2 – subparagraph 1 – point a
(a) it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 1226 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point b
Article 67 – paragraph 2 – subparagraph 1 – point b
Amendment 1229 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)
Article 67 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) the data required can be provided with reasonable effort by normally diligent economic operators, including operators from third countries.
Amendment 1236 #
2011/0438(COD)
Proposal for a directive
Article 67 – paragraph 3 – subparagraph 1
Article 67 – paragraph 3 – subparagraph 1
3. Whenever aAny common methodology for the calculation of life-cycle costs is adopted as part of a legislative act of the Union, including by delegated acts pursuant to sector specific legislation, it shall be applied where life-cycle costing isor as part of a European technical specification shall be deemed to meet the criteria as set out in Paragraph 2. and may be included in the award criteria referred to in Article 66(1).
Amendment 1245 #
2011/0438(COD)
Proposal for a directive
Article 69
Article 69
Amendment 1297 #
2011/0438(COD)
Proposal for a directive
Article 69 a (new)
Article 69 a (new)
Article 69a Abnormally low tenders 1. If, for a given contract, tenders appear to be abnormally low in relation to the goods, works or services, the contracting authority shall, before it may reject those tenders, request in writing details of the constituent elements of the tender which it consider relevant. Those details may relate in particular to: (a) the economics of the construction method, the manufacturing process or the services provided; (b) the technical solutions chosen and/or any exceptionally favourable conditions available to the tenderer for the execution of the work, for the supply of the goods or services; (c) the originality of the work, supplies or services proposed by the tenderer; (d) compliance with the provisions relating to employment protection and working conditions in force at the place where the work, service or supply is to be performed; (e) the possibility of the tenderer obtaining State aid. 2. The contracting authority shall verify those constituent elements by consulting the tenderer, taking account of the evidence supplied. 3. Where tenders appear to be abnormally low for other reasons, contracting authorities may also request such information. 4. Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the tender can be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove, within a sufficient time limit fixed by the contracting authority, that the aid in question was granted legally. Where the contracting authority rejects a tender in these circumstances, it shall inform the Commission of that fact.
Amendment 1305 #
2011/0438(COD)
Proposal for a directive
Article 70
Article 70
Contracting authorities may lay down special conditions linked to the subject matter and relating to the performance of a contract, provided that they are indicated in the call for competition or in the specifications. Those conditions may, in particular, concern social and environmental considerations. They may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations (hedging) and that could substantially impact the performance of a contract.
Amendment 1320 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 1
Article 71 – paragraph 1
1. In the procurement documents, the contracting authority may ask or may be required by a Member State to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors. When there is need of a special know-how and/or equipment, subcontractors should be named in the procurements contract by the main contractor.
Amendment 1330 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 2
Article 71 – paragraph 2
Amendment 1340 #
2011/0438(COD)
Proposal for a directive
Article 71 – paragraph 3
Article 71 – paragraph 3
3. Paragraphs 1 and 2 shall be without prejudice to the question of the principal economic operator's liability.
Amendment 1356 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 3 – subparagraph 2
Article 72 – paragraph 3 – subparagraph 2
However, the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor, following corporate restructuring operations or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive or in case of the take-over of the main contractors' signatory status by the contracting authority accordingly to the Member State provisions in line with Article 71.
Amendment 1360 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 4
Article 72 – paragraph 4
Amendment 1374 #
2011/0438(COD)
Proposal for a directive
Article 72 – paragraph 7
Article 72 – paragraph 7
7. Contracting authorities shall not have recourse to modifications of the contract in the following cases: (a) where the modification would aim at remedying deficiencies in the performance of the contractor or the consequences, which can be remedied through the enforcement of contractual obligations; (b) where the modification would aim at compensating risks of price increases that have been hedged by the contractor.
Amendment 1377 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 – introductory part
Article 73 – paragraph 1 – introductory part
1. Member States shall ensure that contracting authorities have the possibility, under the conditions determined by the applicable national contract law, to terminate a public contract during its term, where one of the following conditions is fulfilled:
Amendment 1381 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 – point c
Article 73 – paragraph 1 – point c
Amendment 1384 #
2011/0438(COD)
Proposal for a directive
Article 73 – paragraph 1 a (new)
Article 73 – paragraph 1 a (new)
Amendment 1399 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 1
Article 75 – paragraph 1
Amendment 1406 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 1
Article 75 – paragraph 3 – subparagraph 1
3. The notices referred to in paragraphs 1 and 2 shall contain the information referred to in Annexes VI Part H and I, in accordance with the standard formsI.
Amendment 1412 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 3 – subparagraph 2
Article 75 – paragraph 3 – subparagraph 2
Amendment 1417 #
2011/0438(COD)
Proposal for a directive
Article 75 – paragraph 4
Article 75 – paragraph 4
4. The notices referred to in paragraphs 1 and 2 shall be published in accordance with Article 49.
Amendment 1427 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 1432 #
2011/0438(COD)
Proposal for a directive
Article 76 – paragraph 2
Article 76 – paragraph 2
2. Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation. Member States may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service.
Amendment 1460 #
2011/0438(COD)
Proposal for a directive
Article 84
Article 84
Amendment 1506 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 1 – introductory part
Article 85 – paragraph 1 – introductory part
For every above threshold procurement be it a contract or framework agreement, and or every time a dynamic purchasing system is established, contracting authorities shall draw up a written report which shall include at least the following:
Amendment 1511 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 1 – point f a (new)
Article 85 – paragraph 1 – point f a (new)
(fa) as far as the competitive dialogue is concerned, the circumstances as laid down in Article XX justifying the use of this procedure;
Amendment 1514 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 2
Article 85 – paragraph 2
The contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic means. To that end, they shall document all stages in the procurement procedure, including all communications with economic operators and internal deliberations, preparation of the tenders, dialogue or negotiation if any, stake appropriate steps to document the progress of award procedures conducted by electiron and award of the contractic means.
Amendment 1519 #
2011/0438(COD)
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
The report, or its main elements, shall be communicated to the Commission or to the national oversight body where they so request.
Amendment 1523 #
Amendment 1542 #
2011/0438(COD)
Proposal for a directive
Article 86 a (new)
Article 86 a (new)
Amendment 1547 #
2011/0438(COD)
Proposal for a directive
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Member States shall make available technical support structures in order to provide legal and economic adviceinformation, guidance and assistance to contracting authorities in preparing and carrying out procurement procedures. Member States shall also ensure that each contracting authority can obtain competent assistance and adviceinformation on individual questions.
Amendment 1549 #
2011/0438(COD)
Proposal for a directive
Article 87 – paragraph 4
Article 87 – paragraph 4
Amendment 1551 #
2011/0438(COD)
Proposal for a directive
Article 88 – paragraph 3
Article 88 – paragraph 3
Amendment 1556 #
2011/0438(COD)
Proposal for a directive
Article 89 – paragraph 3
Article 89 – paragraph 3
3. The delegation of power referred to in Articles 6, 13, 19, 20, 23, 54, 59, 67 and 8659 may be revoked at any time by the European Parliament or by the Council. A revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1560 #
2011/0438(COD)
Proposal for a directive
Annex 6 – part H
Annex 6 – part H
Amendment 1566 #
2011/0438(COD)
Proposal for a directive
Annex 8 – paragraph 1 – point 2 – introductory part
Annex 8 – paragraph 1 – point 2 – introductory part
(2) ‘"standard’" means a technical specification established by consensus and approved by a recognised standardising bodyation organisation for repeated or continuous application, compliance with whichuse, with which compliance is not compulsory and which falls into one of the following categories:
Amendment 1567 #
2011/0438(COD)
Proposal for a directive
Annex 8 – paragraph 1 – point 4
Annex 8 – paragraph 1 – point 4
(4) ‘'Common technical specification’' means a technical specification laid down in accordance with a procedure recognised by the Member States or, in the field of in formation and communication technologies, in accordance with Articles 9 and 10 of Parliament and Council Regulation [XXX] on European standardisation [and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European Parliament and the Council] which has been published in the Official Journal of the European Union;
Amendment 1590 #
2011/0438(COD)
Proposal for a directive
Annex 16 – rows 7 a to 7 l (new)
Annex 16 – rows 7 a to 7 l (new)
79112000-2 Legal representation services 79100000-5 Legal services 79110000-8 Legal advisory and representation services 79111000-5 Legal advisory services 79112100-3 Stakeholders representation services 79120000-1 Patent and copyright consultancy services 79121000-8 Copyright consultancy services 79121100-90 Software copyright consultancy services 79130000-4 Legal documentation and certification services 79131000-1 Documentation services 79132000-8 Certification services 79140000-7 Legal advisory and information services
Amendment 2 #
2011/0437(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, 53 (1), Article 62 and Article 114 as well as Protocol 26 thereof,
Amendment 7 #
2011/0437(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Certain coordination provisions should also be introduced for the award of works and services concessions awarded in the water, energy, transport and postal services sectors given that national authorities may influence the behaviour of entities operating in those sectors and taking into account the closed nature of the markets in which they operate, due to the existence ofIn accordance with the resolutions of the European Parliament of 14.01.2004, 10.03.2004 and 31.05.2006, the water sector should not be liberalised but modernised. The water special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the services concernedtor should therefore not fall under the scope of this directive.
Amendment 13 #
2011/0437(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 20 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Directive constitutes the rules for the award of concessions. In consequence both Directives on public procurement and on procurement by entities operating in the water, energy, transport and postal services sectors do not apply to concessions as defined in this directive.
Amendment 21 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 c (new)
Article 1 – paragraph 2 c (new)
2c. This Directive does not apply to nor indirectly affect services of general economic interest, as defined by the Member States. The provisions of this directive shall in all cases preserve the role of services of general economic interest, in particular in promoting social and territorial cohesion.
Amendment 22 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘'services concession’' means a contract for pecuniary interest concluded in writing between one or more economic operators andy means of which one or more contracting authorities or contracting entities and having as their object the provision of serviceentrusts the operation of a service for which they are responsible to one or more economic operators, and where the consideration for this delegation consists either solely in the right to exploit the service which is other than those referred to in points 2 and 4 subject of the contract or in that right together with payment. By contrast, certain State acts such as authorisations, permits or licences, whereby the consideraState or a public authority establishes the conditions for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with paymentexercise of an economic activity, having as their object the entitlement to offer social services and/or the right to conclude agreements, by means of which the grantor grants an economic operator the right to exploit certain public domains or resources, or grants rights of way should not be regarded as concessions insofar as they establish only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner.
Amendment 24 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph shall imply the transfer to the concessionaire of the substantial operating riskshall imply the transfer to the concessionaire of the economic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession., however where the operating risk for certain markets is limited from the outset, but this limited risk is fully transferred to the concessionaire, such conditions do not preclude a qualification as a concession
Amendment 31 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof, on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in aAnnex III., where such concessions are:
Amendment 32 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a (new)
Article 8 – paragraph 1 – point a (new)
(a) awarded by a contracting authority or by a contracting entity to an economic operator on the basis of an exclusive right that the latter enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation,
Amendment 33 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b (new)
Article 8 – paragraph 1 – point b (new)
(b) or to service concessions for activities which, when this Directive enters into force, are the subject of a nationally regulated tariff laid down in law or regulation.
Amendment 34 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 39 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
Article 8 – paragraph 5 – subparagraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, central bank services and operatransactions conducted with the European Financial Stability Facility (EFSF), as well as operations to raise money or capital for the contracting authority;
Amendment 42 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point e
Article 8 – paragraph 5 – subparagraph 1 – point e
(e) employment contracts and mandatory social protection arrangements;
Amendment 43 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g
Article 8 – paragraph 5 – subparagraph 1 – point g
(g) Public passenger transport services within the meaning of Regulation (EC) 1370/2007 of the European Parliament and of to the extent that they are governed by other Council.19mmunity instruments.
Amendment 44 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
(ga) civil protection, emergency preparedness and response and every day hazard prevention;
Amendment 45 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
(gb) services relating to abstraction, distribution and supply of drinking water, and waste water management;
Amendment 46 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
(gc) social services and health services;
Amendment 47 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
(gd) non-economic services of general interest.
Amendment 240 #
Amendment 244 #
2011/0437(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 14, 53 (1), Article 62 and Article 114 as well as Protocol 26 thereof,
Amendment 245 #
2011/0437(COD)
Proposal for a directive
Recital 1
Recital 1
Amendment 249 #
2011/0437(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Public procurement plays a key role in the Europe 2020 strategy as one of the market-based instruments to be used to achieve a smart, sustainable and inclusive growth while ensuring the most efficient use of public funds. The award of works concessions is presently subject to basic rules of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts while the award of services concessions with a cross-border interest is subject to the principles of the Treaty, and in particular the principle of free movement of goods, freedom of establishment and freedom to provide services as well as to the principles deriving therefrom such as equal treatment, non-discrimination, mutual recognition, proportionality and transparency. There is a risk of legal uncertainty related to different interpretations of the principles of the Treaty by national legislators and of wide disparities among the legislations of different Member States. Such risk has been confirmed by the extensive case law of the Court of Justice of the European Union but which has only partially addressed certain aspects of the award of concession contracts. Hence, a uniform concretisation of the Treaty principles across all Member States and the elimination of discrepancies in their understanding following therefrom is necessary at the Union level in order to eliminate persisting distortions of the Internal Market.
Amendment 252 #
2011/0437(COD)
Proposal for a directive
Recital 3
Recital 3
(3) This Directive recognises and reaffirms the right of Member States to determine the means of organisation they judge to be most appropriate for performing the works and providing the services for which they are responsible. This Directive should not in any way affect the freedom of Member States or public authorities to decide on the direct provision ofperform works or provide services to the public or ton the outsourcing ofe such provision by delegating it to third parties. Member States orand public authorities shouldall remtain freethe right to define and specify the characteristics of the services to be provided, including any conditions regarding the quality or price of the services, in order to pursue their public policy objectives
Amendment 264 #
2011/0437(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Certain coordination provisions should also be introduced for the award of works and services concessions awarded in the water, energy, transport and postal services sectors given that national authorities may influence the behaviour of entities operating in those sectors and taking into account the closed nature of the markets in which they operate, due to the existence ofIn accordance with the resolutions of the European Parliament of 14.01.2004, 10.03.2004 and of 31.05.2006, the water sector should not be liberalised but modernised. The water special or exclusive rights granted by the Member States concerning the supply to, provision or operation of networks for providing the services concernedtor should therefore not fall under the scope of this directive.
Amendment 273 #
2011/0437(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their objectthrough which one or more contracting authorities or entities (herein after referred to as 'grantor') award the performance of works or the management of services for which they acquisition of works or services where the consideration consists, normally,re responsible to one or more economic operators, and where the consideration for this delegation consists either in the right to exploitecute and manage the works or provide the services thatwhich are the subject of the contract, or in that right together with payment. The execution of these works or services arshall be subject to specific binding obligations defined by the contracting authority or entitygrantor which are legally enforceable. By contrast, certain State acts, such as authorisations, permits or licences, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualifybe regarded as concessions. The same applies to certain agreements having as their object the right ofentitlement to offer social services or the right to conclude agreements by means of which the State or the contracting authority or entity grants an economic operator the right to exploit certain public domains or resources, such as landin rental or lease contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or serviceson single pieces of land, particularly in the area of maritime or inland port sector, or in rights of way, and which as a rule establishes only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner.
Amendment 276 #
2011/0437(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists, normally, in the right to exploit the works or services that are the subject of the contract. The execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable. By contrast, certain State acts such as authorisations or licences, or approval requirements for the provision of social services, whereby the State or a public authority establishes the conditions for the exercise of an economic activity, should not qualify as concessions. The same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources, such as land leasetenancy contracts whereby the State or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services. The general conditions contained in both tenancy and land lease contracts are rules concerning the transfer of the rented property to the tenant, the use thereof (e.g. a description of the rented property, provisions on permissible uses of the rented property, provisions on the optimum use of the rented property such as performance indicators and environmental standards), the respective obligations of the landlord and the tenant with regard to the maintenance of the rented property, the duration of the lease and repossession by the landlord of the rented property, the rent and other costs borne by the tenant, including penalties.
Amendment 282 #
2011/0437(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the Court of Justice of the European Union on this subject. Therefore, the definition of concession should be clarified, in particular by referring to the concept of substantial operating risk. The main feature of a concession, the right to exploit the works or services, always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded under normal operating conditions. The application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss, by guaranteeing a minimal revenue, equal or higher to the costs that the contractor has to incur in relation with the performance of the contract. At the same time it should be made clear that. However certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupment of the investments and costs incurred by the operator for execution the work or provididng the service depends on the actual demand for or the availability of the service or asset.
Amendment 286 #
2011/0437(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Where sector specific regulation provides for a guarantee to the concessionaire on breaking even on investments and costs incurred for operating the contract, such contract should not qualify as a concession within the meaning of this Directive. However this has to be distinguished from those cases where the operating risk for certain markets is limited from the outset, but this limited risk is fully transferred to the concessionaire, in which cases such conditions do not preclude a qualification as a concession. Or. en (see ECJ ruling Case C-206/08)
Amendment 290 #
2011/0437(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The notion of special or exclusive rights is central to the definition of the scope of this Directive, since entities which are neither contracting entities pursuant to Article 4 (1) (1) nor public undertakings are subject to its provisions only to the extent that they exercise one of the activities covered on the basis of such rights. It is therefore appropriate to clarify that rights which have been granted by means of a procedure based on objective criteria, notably pursuant to Union legislation, and for which adequate publicity has been ensured do not constitute special or exclusive rights for the purposes of this Directive. This legislation should include Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas5 , Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity6 , Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service7 , Directive 94/22/EC of the European Parliament and of the Council of 20 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons8 and Regulation (EC) No 1370/2007of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/709 . The increasingly diverse forms of public action made it necessary to define more clearly the notion of procurement itself. The Union rules on concessions refer to the acquisition of works or services for a consideration consisting in exploitation of those works or services. The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works or services in question not requiring in all cases a transfer of ownership to contracting authorities or contracting entities. Furthermore, the mere financing of an activity, which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended, does not usually fall under this Directivethese provisions only to the extent that they exercise one of the activities covered on the basis of such rights.
Amendment 295 #
2011/0437(COD)
Proposal for a directive
Recital 10
Recital 10
(10) It has also proven necessary to clarify what should be understood as a single procurement, with the effect that the aggregate value of allThis directive should only apply to concessions concluded for the purpose of this procurement has to be taken into account with regard to the thresholds of this Directive, and that the procurement should be advertised as a whole, possibly split into lots. The concept of single procurement encompasses all supplies, works and servicestracts above a certain threshold. Consequently, the method of calculating the estimated value of a concession neededs to carry out a particular project. Indications for the existence of one single project can for instance consist in overall prior planning and conception by the contracting authority, the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinkbe defined, and should be identical for works and service concessions, as most contracts are mixed.
Amendment 297 #
2011/0437(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure a real opening up of the market and a fair balance in the application of concession award rules in the water, energy, transport and postal services sectors it is necessary for the entities covered toEntities covered by this directive should be identified on a basis other than their legal status. It should be ensured, therefore, that the equal treatment of contracting entities operating in the public sector and those operating in the private sector is not prejudiced. It is also necessary to ensure, in keeping with Article 345 of the Treaty, that the rules governing the system of property ownership in Member States are not prejudiced.
Amendment 304 #
2011/0437(COD)
Proposal for a directive
Recital 13
Recital 13
(13) It is appropriate to exclude from the scope of this Directive certain services concessions awarded to an economic operator which is itself a contracting authority or a contracting entity on the basis of an exclusive right which that operator enjoys under published national law, regulation or administrative act and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in annex III, since such exclusive right makes it impossible to follow a competitive procedure for the award. By way of derogation and without prejudice to the legal consequences of the general exclusion from the scope of this Directive, concessions as defined in article 8 (1)concerning the management of network infrastructure relating to the activities set out in Annex III should be subject to the obligation to publish a concession award notice in view of ensuring basic transparency unless the conditions of such transparency are provided for in sectoral legislation.
Amendment 309 #
2011/0437(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 312 #
2011/0437(COD)
Proposal for a directive
Recital 14
Recital 14
Amendment 317 #
2011/0437(COD)
Proposal for a directive
Recital 17
Recital 17
(17) There is considerable legal uncertainty as to how far cooperation between public authorities should be covered by concession award rules. The relevant case-law of the Court of Justice of the European Union is interpreted differently between Member States and even between contracting authorities or certain contracting entities. It is therefore necessary to clarify in what casesis Directive is based on the relevant case-law of the Court of Justice of the European Union It clarifies in line with this case-law under which conditions the award of concessions concluded between suchpublic authorities areis not subject to the application of public concession award rulesscope of this Directive. Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice. The sole fact that both parties to an agreement are themselves contracting authorities or contracting entities under Art. 4 (1) (1) does not as such rule out the application of concession award rules. However, the application of concession award rules shouldmust not interfere with the freedomright of public authorities to decide how to organise the way they carry out their public service tasks. CThe award of concessions awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities or entities should therefore be exempted from the application of the rules if the conditions set out in this Directive are fulfilled. This Directive should aim to ensure that any exempted public-public cooperation does not cause a distortion of competition in relation to private economic operators. Neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competitionis Directive if the conditions are fulfilled.
Amendment 320 #
2011/0437(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to ensure adequate advertisement of works and services concessions above a certain value awarded by contracting entities and by the contracting authoritiesthreshold, the award of such contracts should be preceded by the compulsory publication of a concession notice in the Official Journal of the European Union. The thresholds should reflect the clear cross-border interest of concessions to economic operators located in other Member States. To calculate the value of a services concession, account must be taken of the estimated value of all services to be provided by the concessionaire from the point of view of a potential tenderer.
Amendment 321 #
2011/0437(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In view of the detrimental effects on competition, awarding concessions without prior publication should only be permitted in very exceptional circumstances. This exception shoulclearly defined areas and be limited to cases where it is clear from the outset that a publication would not trigger more competition, notably because there is objectively only one economic operator who can perform the concession. Only situations of objective exclusivity can justify the award of a concession without publication to an economic operator, where the situation of exclusivity has not been created by the contracting authority or contracting entity itself in view of the future award procedure, and where there are no adequate substitutes, the availability of which should be assessed thoroughly or where the subject of the concession concerns specific services with a minimal cross- border impact.
Amendment 327 #
2011/0437(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 334 #
2011/0437(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In the light of the results of the evaluation conducted by the Commission on the reform of public procurement rules it is appropriate to exclude from the full application of this Directive only those services which have a limited cross-border dimension, namely the so-called services to the person such as certain social, health and educational services. These services are provided within a particular context that varies widely amongst Member States, due to different cultural traditions. A specificlighter regime should therefore be established for concession for these services which takes into account the fact that they are newly regulated. An obligation to publish a prior information notice and a concession award notice of any concession with a value equal to or greater than thresholds established in this Directive is an adequate way to provide information on business opportunities to potential tenderers as well as on the number and type of contracts awarded to all interested parties. Furthermore, Member States . An obligation to publish a concession award notice of the award of those concessions which are above the threshould put in place appropriate measures with reference to the award of concession contracts for these services aimed atis an adequate way to ensuringe compliance with the principles of transparency and equal treatment of economic operators while allowing contracting authorities and contracting entities to take into account the specificities of the services in question. Member States should ensure that contracting authorities and contracting entities may take into account the need to ensure quality, continuity, accessibility, availability and comprehensiveness of the services, the specific needs of different categories of users, the involvement and empowerment of users and innovation.
Amendment 341 #
2011/0437(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Given the importance of the cultural context and the sensitivity of these services, Member States should be giall haven wide discretion to organise the choice of the service providers in the way they consider most appropriate. The rules of this Directive do not prevent Member States to apply specific quality criteria for the choice of service providers, such as the criteria set out in the voluntary European Quality Framework for Social Services of the European Union's Social Protection Committee . Member States and/or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of concessions, for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity, without any limits or quotas, provided such system ensures sufficient advertising and compliances with the principles of transparency and non- discrimination.
Amendment 347 #
2011/0437(COD)
Proposal for a directive
Recital 24
Recital 24
Amendment 350 #
2011/0437(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure transparency and equal treatment, criteria for the award of concessions should always comply with some general standards. These should be disclosed in advance to all potential tenderers, be relatlinked to the subject matter of the contract and should not offer to the contracting authority or contracting entity an unrestricted freedom of choice. They should ensure the possibility of effective competition and be accompanied by minimum requirements that allow the information provided by the tenderers to be effectively verified. In order to comply with these standards while improving legal certainty, Member States may provide for the use of the criterion of the most economically advantageous tender.
Amendment 354 #
2011/0437(COD)
Proposal for a directive
Recital 26
Recital 26
Amendment 355 #
2011/0437(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 357 #
Amendment 360 #
2011/0437(COD)
Proposal for a directive
Recital 30
Recital 30
Amendment 361 #
2011/0437(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 371 #
2011/0437(COD)
Proposal for a directive
Recital 36
Recital 36
(36) In line with the principles of equal treatment and transparency, the successful tenderer should not be replaced by another economic operator without reopening the concession to competition. However, the successful tenderer performing the concession may undergo certain structural changes during the performance of the concession, such as purely internal reorganisations, mergers and acquisitions or insolvency or be substituted on the basis of a contractual clause known to all tenderers and in line with the principles of equal treatment and transparency. Such structural changes should not automatically require new award procedures for all concessions performed by that undertaking.
Amendment 375 #
2011/0437(COD)
Proposal for a directive
Recital 39
Recital 39
Amendment 378 #
2011/0437(COD)
Proposal for a directive
Recital 41
Recital 41
Amendment 380 #
2011/0437(COD)
Proposal for a directive
Rule 1
Rule 1
1. This Directive establishes rules on the procedures for procurement by contracting authorities and by contracting entities with respect to concessions whose value is estimated to be not less than the thresholds laid down in Article 5. 2. This Directive applies to the acquisition of works or services, including supplies which are incidental to the subject matter of a concession, from economic operators chosen by either, by one of the following actors: a) Contracting authorities whether or not the works or services including the related supplies, are intended for a public purpose; b) Contracting entities provided that the works or services including the related supplies, are intended for the pursuit of one of the activities referred to in Annex III.
Amendment 387 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Directive constitutes the rules for the award of concessions. In consequence both Directives on public procurement and on procurement by entities operating in the water, energy, transport and postal services sectors do not apply to concessions as defined in this Directive.
Amendment 395 #
2011/0437(COD)
Proposal for a directive
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Directive does not apply to nor indirectly affect services of general economic interest, as defined by the Member States. The provisions of this directive shall in all cases preserve the role of services of general economic interest, in particular in promoting social and territorial cohesion.
Amendment 402 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) a ‘public 'works concession’' means a contract for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities and having as their object the execution of worky means of which one or more contracting authorities or entities entrusts the execution of works to one or more economic operators, where the consideration for the the works to be carried outis delegation consists either solely in the right to exploit the works that are the subject of the contract or in that right together with payment.
Amendment 409 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 412 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘execution of works’ means the execution, or both the design and execution, of works related to one of the activities referred to in Annex I or of a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authoritygrantor exercising a decisive influence on the type or design of the work.
Amendment 414 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘'services concession’' means a contract for pecuniary interest concluded in writing between one or more economic operators andy means of which one or more contracting authorities or contracting entities and having as their object the provision of serviceentrusts the operation of a service for which they are responsible to one or more economic operators, and where the consideration for this delegation consists either solely in the right to exploit the service which is other than those referred to in points 2 and 4 subject of the contract or in that right together with payment. By contrast, certain State acts such as authorisations, permits or licences, whereby the consideraState or a public authority establishes the conditions for the services to be provided consists either solely in the right to exploit the services that are subject of the contract or in that right together with payment. exercise of an economic activity, having as their object the entitlement to offer social services and/or the right to conclude agreements, by means of which the grantor grants an economic operator the right to exploit certain public domains or resources, or grants rights of way should not be regarded as concessions insofar as they establish only general conditions for their use without turning the public authority into a recipient of specific works or services provided by the contracting partner.
Amendment 422 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘'concession documents’' means all documents produced or referred to by the contracting authority or contracting entity to describe or determine elements of the procurement or the procedure, including the contract notice, the technical specifications, proposed conditions of contract, formats for the presentation of documents by candidates and tenderers, information on generally applicable obligations and any additional documentsconcession contract.
Amendment 427 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
Amendment 428 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
The right to exploit the works or services as referred to in points 2, 4 and 7 of the first paragraph shall impliy the transfer to the concessionaire of the substantial operating riskeconomic risk in exploiting these works or services, defined as the risk of exposure to the vagaries of the market. The concessionaire shall be deemed to assume the substantial operating risk where, under normal conditions of exploitation, it is not guaranteed to recoup the investments made or the costs incurred in operating the works or the services which are the subject-matter of the concession., however where the operating risk for certain markets is limited from the outset, but this limited risk is fully transferred to the concessionaire, such conditions do not preclude a qualification as a concession
Amendment 432 #
2011/0437(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 438 #
2011/0437(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Amendment 440 #
2011/0437(COD)
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 3
Article 4 – paragraph 3 – subparagraph 3
Amendment 441 #
2011/0437(COD)
Proposal for a directive
Rule 5
Rule 5
Amendment 451 #
2011/0437(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 452 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 456 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. This Directive shall apply to the concessions the value of which is equal to or greater than EUR 8 000 000
Amendment 457 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 459 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. For the purposes of assessing the threshold, the estimated value of the concession shall be equal to the cumulative estimated revenue, excluding tax, over the time of the contract. The method for calculating the estimated value of a concession shall be specified in the concession documents.
Amendment 461 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The choice of the method used to calculate the estimated value of a concession shall not be made with the intention of excluding it from the scope of this Directive. A works project or an entirety of services shall not be subdivided with the effect of preventing it from falling within the scope of this Directive, unless justified by objective reasons.
Amendment 462 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 463 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 469 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 6
Article 6 – paragraph 6
Amendment 473 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 476 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 478 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 480 #
2011/0437(COD)
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 483 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. This Directive shall not apply to services concessions awarded by a contracting authority or by a contracting entity to an economic operator which is a contracting entity or an association of thereof, on the basis of an exclusive right that economic operator enjoys pursuant to applicable and published national law, regulation or administrative provision, and which has been granted in accordance with the Treaty and Union sectoral legislation concerning the management of networks infrastructure related to the activities set out in aAnnex III., where such concessions are:
Amendment 491 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a (new)
Article 8 – paragraph 1 – point a (new)
Amendment 492 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b (new)
Article 8 – paragraph 1 – point b (new)
(b) or to service concessions for activities which, when this Directive enters into force, are the subject of a nationally regulated tariff laid down in law or regulation.
Amendment 493 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 494 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – introductory part
Article 8 – paragraph 3 – subparagraph 1 – introductory part
This Directive shall not apply to concessions which the contracting authority or a contracting entity is obliged to award or organise in accordance with procedurement procedures for the award of services concessions contracts set out in:
Amendment 495 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1 – point a
Article 8 – paragraph 3 – subparagraph 1 – point a
(a) an international agreement concluded in conformity with the Treaty between a Member State and one or more third countries and covering works, supplies or services intended for the joint implementation or exploitation of a project by the signatory States;
Amendment 496 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 497 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 3
Article 8 – paragraph 3 – subparagraph 3
Amendment 500 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point a
Article 8 – paragraph 5 – subparagraph 1 – point a
(a) the acquisition or, rental or lease , by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon; however financial service concessions awarded at the same time as, before or after the contract of acquisition or rental, in whatever form, shall be subject to this Directive;
Amendment 503 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point b
Article 8 – paragraph 5 – subparagraph 1 – point b
(b) the acquisition, development, production or co-production of programme material intended for broadcasting, defined as transmission and distribution using any form of electronic network, that are awarded by broadcasterand related preparatory services intended for media services, nor to concessioncontracts for broadcasting time, that are awarded to broadcastersor distribution and transmission;
Amendment 511 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point d
Article 8 – paragraph 5 – subparagraph 1 – point d
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council, central bank services and operatransactions conducted with the European Financial Stability Facility (EFSF), as well as operations to raise money or capital for the contracting authority;
Amendment 515 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point e
Article 8 – paragraph 5 – subparagraph 1 – point e
(e) employment contracts and mandatory social protection arrangements;
Amendment 517 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g
Article 8 – paragraph 5 – subparagraph 1 – point g
(g) Public passenger transport services within the meaning of Regulation (EC) 1370/2007 of the European Parliament and of the Council.19to the extent that they are governed by other Union instruments.
Amendment 519 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
Article 8 – paragraph 5 – subparagraph 1 – point g a (new)
(ga) civil protection, emergency preparedness and response and every day hazard prevention;
Amendment 524 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
Article 8 – paragraph 5 – subparagraph 1 – point g b (new)
(gb) services relating to abstraction, distribution and supply of drinking water, and waste water management.
Amendment 528 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
Article 8 – paragraph 5 – subparagraph 1 – point g c (new)
(gc) social services and health services
Amendment 530 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
Article 8 – paragraph 5 – subparagraph 1 – point g d (new)
(gd) non-economic services of general interest.
Amendment 531 #
2011/0437(COD)
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
Amendment 537 #
2011/0437(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 538 #
2011/0437(COD)
Proposal for a directive
Article 10
Article 10
Amendment 543 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) to service concessions provided that at least 80 % of the average total turnoverctivities of the affiliated undertaking withich arespect to services in general for the preceding three years subject of the service concession contract derives from the provision of services to undertakings with which it is affiliated;
Amendment 545 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) works concessions provided that at least 80 % of the average total turnoverctivities of the affiliated undertaking withich arespect to works in general for the preceding three years subject of the works concession contract derives from the provision of works to undertakings with which it is affiliated.
Amendment 548 #
2011/0437(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 549 #
2011/0437(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
Article 15 notwithstanding, and provided that the joint venture or formal cooperation has been set up in order to carry out the activity concerned over a period of at least threone years and that the instrument setting up the joint venture or the formal cooperation stipulates that the contracting or cooperating entities, which form it, will be part thereof for at least the same period, this Directive shall not apply to concessions awarded by any of the following:
Amendment 550 #
2011/0437(COD)
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) by a joint venture or a formal cooperation, formed exclusively by a number of contracting entities for the purpose of carrying out activities within the meaning of Annex III, to one of these contracting entities, or
Amendment 552 #
2011/0437(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) by a contractingn entity to such a joint venture or formal cooperation of which it forms part. .
Amendment 555 #
2011/0437(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
Contracting entities shall notify to the Commission or the national oversight bodycompetent national authorities, at their request, the following information regarding the application of paragraphs 2 and 3 of Article 11 and of Article 12.
Amendment 557 #
2011/0437(COD)
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 561 #
2011/0437(COD)
Proposal for a directive
Article 15 – title
Article 15 – title
Amendment 563 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point a
Article 15 – paragraph 1 – subparagraph 1 – point a
a) such an authority or entity exercises over the legal person concerned a control which is similarequivalent to that which it exercises over its own departments
Amendment 568 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
b) at least 9080 % of the activities of that legal person which are the subject of the concession are carried out for the controlling contracting authority or entity or for other legal persons controlled by that contracting authority or entity
Amendment 580 #
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 legally enforced forms of private participation.
Amendment 586 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 2
Article 15 – paragraph 1 – subparagraph 2
Amendment 592 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Paragraph 1 also applies where a controlled entity 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 or contracting entity, provided that there is no private participation in the legal person being awarded the public concession, with the exception of legally enforced forms of private participation.
Amendment 602 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point a
Article 15 – paragraph 3 – subparagraph 1 – point a
a) the contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 exercise jointly over the legal person a control which is similarequivalent to that which it exercises over its own departments.
Amendment 608 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point b
Article 15 – paragraph 3 – subparagraph 1 – point b
b) at least 9080 % of the activities of that legal person which are the subject of the concession are carried out for the controlling contracting authorities or entities as referred to in paragraph 1 subparagraph 1 of Article 4 or other legal persons controlled by the same contracting authority or entity;
Amendment 619 #
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 legally enforced forms of private participation.
Amendment 624 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Amendment 634 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
Amendment 645 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) the agreement is governed only by considerations relating to the public interest, this may include as well the provision of an ancillary task necessary to perform the respective service;
Amendment 650 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point c
Article 15 – paragraph 4 – point c
Amendment 657 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
Amendment 663 #
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 legally enforced forms of private participation.
Amendment 669 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 1
Article 15 – paragraph 5 – subparagraph 1
Amendment 673 #
2011/0437(COD)
Proposal for a directive
Article 15 – paragraph 5 – subparagraph 2
Article 15 – paragraph 5 – subparagraph 2
Amendment 680 #
2011/0437(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
The duration of the concessions shall be limited to the time estimated to be necessary for. The grantor shall estimate the duration on the basis of the works or services requested. When the cost of investments must be met by the concessionaire, to recoup the investments made in operating the works or services together with a reasonable return on invested capitalhe duration of a concession shall reflect the nature and amount of the investments involved, both initial and further investments during the life of the concession, and should take into consideration the normal amortisation period.
Amendment 688 #
2011/0437(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Concessions for social and other specific services listed in Annex X falling within the scope of this Directive shall be subject only to the obligation of paragraph 3 of Art. 26 and of paragraph 1 of Article 27.
Amendment 691 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 692 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 693 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 698 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Amendment 700 #
2011/0437(COD)
Proposal for a directive
Article 18 – paragraph 5 – subparagraph 2
Article 18 – paragraph 5 – subparagraph 2
Amendment 704 #
2011/0437(COD)
Proposal for a directive
Article 19 – paragraph 1 – subparagraph 2
Article 19 – paragraph 1 – subparagraph 2
Amendment 705 #
2011/0437(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 707 #
2011/0437(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 708 #
2011/0437(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States may reserve the right to participate in concession award procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled and disadvantaged workers or provide for such concessions to be performed in the context of sheltered employment programmes provided that more than 30% of the employees of those workshops, economic operators or programmes are disabled or/and disadvantaged workerspersons. 'Disadvantaged persons' includes amongst others: the unemployed, people experiencing particular difficulty in achieving integration, people at risk of exclusion, members of vulnerable groups and members of disadvantaged minorities. The concession notice shall make reference to this provision.
Amendment 710 #
2011/0437(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
Amendment 711 #
2011/0437(COD)
Proposal for a directive
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. This Directive shall apply to service concessions for research and development services with CPV reference numbers 73000000-2 to 73436000-7, except 73200000-4, 73210000-7 or 73220000-0, provided that the following conditions are both fulfilled:.
Amendment 712 #
2011/0437(COD)
Proposal for a directive
Article 21 – paragraph 1 – point a
Article 21 – paragraph 1 – point a
Amendment 713 #
2011/0437(COD)
Proposal for a directive
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
Amendment 714 #
2011/0437(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 720 #
2011/0437(COD)
Proposal for a directive
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Amendment 727 #
Amendment 733 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Concession notices shall contain the information referred to in part of Annex IV and, where appropriate, any other information deemed useful by the contracting authority or entity, in accordance with the format of standard forms.
Amendment 735 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 737 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 738 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 1
Article 26 – paragraph 5 – subparagraph 1
Amendment 751 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 5 – subparagraph 2
Article 26 – paragraph 5 – subparagraph 2
Amendment 753 #
2011/0437(COD)
Proposal for a directive
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 760 #
2011/0437(COD)
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
Amendment 761 #
2011/0437(COD)
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 762 #
Amendment 764 #
2011/0437(COD)
Proposal for a directive
Article 29
Article 29
Amendment 769 #
Amendment 770 #
Amendment 783 #
2011/0437(COD)
Proposal for a directive
Article 33
Article 33
Amendment 784 #
2011/0437(COD)
Proposal for a directive
Article 34
Article 34
Amendment 786 #
Amendment 793 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Article 36 – paragraph 1 – subparagraph 1 – introductory part
Contracting authorities shall specify, in the concession notice the conditions for participation relating to: verify the conditions for participation relating to the professional and technical ability, the financial standing of the candidates or tenderers and the reference or references to be submitted as proof in accordance with the requirements specified in the concession notice. Those conditions shall be linked to the subject-matter of the contract non-discriminatory and may be accompanied by minimum requirements wherever necessary.
Amendment 795 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point a
Article 36 – paragraph 1 – subparagraph 1 – point a
Amendment 796 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point b
Article 36 – paragraph 1 – subparagraph 1 – point b
Amendment 797 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 1 – point c
Article 36 – paragraph 1 – subparagraph 1 – point c
Amendment 798 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 2
Article 36 – paragraph 1 – subparagraph 2
Amendment 801 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 1 – subparagraph 3
Article 36 – paragraph 1 – subparagraph 3
Amendment 806 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 2
Article 36 – paragraph 2
2. With regard to the criteria referred toTo meet the conditions for participating laid down in paragraph 1, an economic operator may, where appropriate and for a particular concession, rely on the capacities of other entities, regardless of the legal nature of its links with them. It shall, in that case, prove to the contracting authority or the contracting entity that it will have at its disposal, throughout the period of the concession, the necessary resources, for example, by producing an undertaking by those entities to that effect. With regard to economic and financial standing, contracting authorities and contracting entities may require that the economic operator and those entities are jointly liable for the execution of the contract.
Amendment 808 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 3
Article 36 – paragraph 3
Amendment 811 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 4 – subparagraph 1
Article 36 – paragraph 4 – subparagraph 1
Amendment 812 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 4 – subparagraph 2
Article 36 – paragraph 4 – subparagraph 2
Amendment 813 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 1
Article 36 – paragraph 5 – subparagraph 1
Amendment 822 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 5 – subparagraph 2
Article 36 – paragraph 5 – subparagraph 2
Amendment 824 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 6
Article 36 – paragraph 6
Amendment 831 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 1
Article 36 – paragraph 7 – subparagraph 1
Amendment 840 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 7 – subparagraph 2
Article 36 – paragraph 7 – subparagraph 2
Amendment 841 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 8
Article 36 – paragraph 8
Amendment 845 #
2011/0437(COD)
Proposal for a directive
Article 36 – paragraph 9
Article 36 – paragraph 9
Amendment 848 #
2011/0437(COD)
Proposal for a directive
Article 37
Article 37
Amendment 851 #
2011/0437(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Where contracting authorities and contracting entities resort to a concession, the time limit for the submission of applications for the concession shall be not less than 5230 days from the date on which the concession notice was sent.
Amendment 854 #
2011/0437(COD)
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The time limit for receipt of tenders may be reduced by five days where the contracting entity accepts that tenders may be submitted by electronic means in conformity with Article 25.
Amendment 860 #
Amendment 876 #
2011/0437(COD)
Proposal for a directive
Article 40 – paragraph 1 – point b
Article 40 – paragraph 1 – point b
(b) external environmental costs directly linked to the life cycle, provided their monetary value can be determined and verified, which may include social and environmental costs such as the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
Amendment 877 #
2011/0437(COD)
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – introductory part
Article 40 – paragraph 2 – subparagraph 1 – introductory part
Where contracting authorities assess the costs using a life-cycle costing approach, they shall indicate in the concession award documents the methodology used for the calculation of the life-cycle costs. The methodology useddata to be provided by the tenderers and the method which the contracting authority or entity will use to determine the life-cycle costs. The method used for the assessment of those life-cycle costs must fulfil all of the following conditions:
Amendment 878 #
2011/0437(COD)
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – point a
Article 40 – paragraph 2 – subparagraph 1 – point a
(a) It has been drawn up on the basis of scientific information or is based on other objectively verifiable and non- discriminatory criteria;
Amendment 879 #
2011/0437(COD)
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – point b
Article 40 – paragraph 2 – subparagraph 1 – point b
Amendment 880 #
2011/0437(COD)
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 1 – point c
Article 40 – paragraph 2 – subparagraph 1 – point c
(c) It is accessible to all interested partthe data required can be provided with reasonable effort by normally diligent economic operators, including operators from third countries.
Amendment 881 #
2011/0437(COD)
Proposal for a directive
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
Contracting authorities and contracting entities shall allow economic operators to apply a different methodology for establishing the life-cycle costs of their offer, provided that they prove that this methodology complies with the requirements set out in points a, b and c and is equivalent to the methodology indicated by the contracting authority or contracting entity. However in order not to discriminate those tenderers who invest time and money to comply with the methodology indicated by the contracting authority, contracting authorities may ask for a third party certified document as proof for the fulfilment of the equivalence.
Amendment 882 #
2011/0437(COD)
Proposal for a directive
Article 40 – paragraph 3
Article 40 – paragraph 3
Amendment 884 #
2011/0437(COD)
Proposal for a directive
Article 41
Article 41
Amendment 896 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
Amendment 899 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 2
Article 42 – paragraph 2
Amendment 905 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 3
Article 42 – paragraph 3
Amendment 907 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 4
Article 42 – paragraph 4
Amendment 912 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 5
Article 42 – paragraph 5
Amendment 915 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – introductory part
Article 42 – paragraph 6 – subparagraph 1 – introductory part
Amendment 917 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point a
Article 42 – paragraph 6 – subparagraph 1 – point a
(da) the need for modification has been brought about by circumstances which a diligent contracting authority or entityin particular of a technical and/or financial nature which a diligent grantor could not foresee,
Amendment 918 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point b
Article 42 – paragraph 6 – subparagraph 1 – point b
Amendment 921 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 1 – point f
Article 42 – paragraph 6 – subparagraph 1 – point f
(f) in case of concessions awarded by contracting authorities where any increase in price is notor the value of the intended modification is higher than 50% of the updated initial value of the original concession.
Amendment 922 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 6 – subparagraph 2
Article 42 – paragraph 6 – subparagraph 2
Amendment 923 #
2011/0437(COD)
Proposal for a directive
Article 42 – paragraph 7
Article 42 – paragraph 7
Amendment 927 #
2011/0437(COD)
Proposal for a directive
Title 5
Title 5
Amendment 935 #
2011/0437(COD)
Proposal for a directive
Article 46 – paragraph 2
Article 46 – paragraph 2
2. The delegation of power referred to in Articles 4 (3), 21 (3), 23 (2), 25 (3), 40 (3) and 52power to adopt delegated acts referred to in Article 23 (2) shall be conferred on the Commission for an indeterminate period of time from the [date of entry into force of the present Directive].
Amendment 936 #
2011/0437(COD)
Proposal for a directive
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The delegation of power referred to in Articles 4 (3), 21 (3), 23 (2), 25 (3), 40 (3) and 52 (2),23 (2) may be revoked at any time by the European Parliament or by the Council. AThe revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 937 #
2011/0437(COD)
Proposal for a directive
Article 49 – paragraph 1 – subparagraph 1
Article 49 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2014 at the latest. They shall forthwith communicate to the Commission the text of those provisions. This Directive shall not affect the award of concessions contracts which have been awarded before [...]1 at the latest. __________________ 1 date of transposition deadline
Amendment 943 #
2011/0437(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 1
Annex 3 – paragraph 1 – point 1
Amendment 944 #
2011/0437(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 2
Annex 3 – paragraph 1 – point 2
Amendment 946 #
2011/0437(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 3
Annex 3 – paragraph 1 – point 3
Amendment 949 #
2011/0437(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 4 – introductory part
Annex 3 – paragraph 1 – point 4 – introductory part
4. Activities relating to the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable to the extent that they are not governed by other Community instruments.
Amendment 951 #
2011/0437(COD)
Proposal for a directive
Annex 3 – paragraph 1 – point 4 – paragraph 1
Annex 3 – paragraph 1 – point 4 – paragraph 1
Amendment 964 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 5
Annex 5 – point I – point 5
5. Description of the procurementcontract : nature and extent of works, nature and quantity or value of supplies, nature and extent of services. Where the concession is divided into lots, this information shall be provided for each lot. Where appropriate, description of any options.
Amendment 965 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 7
Annex 5 – point I – point 7
Amendment 966 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 9
Annex 5 – point I – point 9
Amendment 968 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 10 – introductory part
Annex 5 – point I – point 10 – introductory part
10. For each award, name, address including NUTS code, telephone, fax number, email address and internet address of the successful tenderer(s) including.
Amendment 969 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 10 – point a
Annex 5 – point I – point 10 – point a
Amendment 970 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 10 – point b
Annex 5 – point I – point 10 – point b
Amendment 972 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 11
Annex 5 – point I – point 11
11. Value and main financial terms of the awarded concession, including fees and prices.
Amendment 973 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 12
Annex 5 – point I – point 12
Amendment 975 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 14
Annex 5 – point I – point 14
14. Name and address of the oversight body and the body responsible for review and, where appropriate, mediation procedures. Precise information concerning the deadline for review procedures, or if need be, the name, address, telephone number, fax number and email address of the service from which this information may be obtained.
Amendment 977 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point I – point 17
Annex 5 – point I – point 17
17. Detailed mMethod of calculation of the estimated total value of the concession, in accordance with Article 6.
Amendment 978 #
2011/0437(COD)
Proposal for a directive
Annex 5 – point II
Annex 5 – point II
Amendment 980 #
Amendment 981 #
Amendment 982 #
2011/0437(COD)
Proposal for a directive
Annex 9 – point 1 – paragraph 1 – indent 2
Annex 9 – point 1 – paragraph 1 – indent 2
The Publications Office of the European Union will give the contracting authority or entity the confirmation referred to in Article 28 (52).
Amendment 983 #
2011/0437(COD)
Proposal for a directive
Annex 9 – point 2
Annex 9 – point 2
Amendment 986 #
Amendment 987 #
2011/0437(COD)
Proposal for a directive
Annex 10 a (new)
Annex 10 a (new)
Amendment 988 #
2011/0437(COD)
Proposal for a directive
Annex 11
Annex 11
Amendment 989 #
2011/0437(COD)
Proposal for a directive
Annex 12
Annex 12
Amendment 990 #
2011/0437(COD)
Proposal for a directive
Annex 13
Annex 13
Amendment 90 #
2011/0435(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In order toThe introduction of the European Professional Card on a voluntary basis will promote the free movement of professionals, while ensuring a more efficient and transparent recognition of qualifications it is necessary to provide for a European Professional Card. In particular that card is necessary to facilitate temporary mobility and recognition under the automatic recognition system, as well as to promote a simplified recognition process under the general system. The card should, upon a request by the respective representative professional organisations, be issued upon request from a professional and after submission of necessary documents and completion of related review and verification procedures by the competent authorities. The functioning of the card should be supported by the Internal Market Information System (IMI) established by Regulation (EU) No […] on administrative cooperation through the Internal Market Information System23. This mechanism should help enhance synergies and trust among competent authorities, while at the same time eliminating duplication of administrative work for the authorities and creating more transparency and certainty for professionals. The process for the application and issuing of the card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant. The card and the related workflow within IMI should ensure the integrity, authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein.
Amendment 98 #
2011/0435(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Directive 2005/36/EC only applies to professionals who want to pursue the same profession in another Member State. There are cases where the activities concerned are part of a profession with a larger scope of activities in the host Member State. If the differences between the fields of activity are so large that in reality a full programme of education and training is required from the professional to compensate for shortcomings and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, in case of overriding reasons of general interest, such as in the case of a doctor of medicine or other health professionals, a Member State should be able to refuse partial access a Member State should be able to refuse partial access. Partial access does not apply to health professions concerned with patient safety or public health care.
Amendment 114 #
2011/0435(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Directive 2005/36/EC should also cover notaries. For recognition requests for establishment, Member States should be able to impose the necessary aptitude test or adaptation period to avoid any discrimination in the national selection and nomination procedures. In the case of free provision of services, notaries should not be able to draw up authentic instruments and carry out other activities of authentication which require the seal of the host Member Statenot apply to the profession of notary. When designing their judicial systems, most Member States have established the profession of notary as an independent public office that serves the public interest, with responsibilities that can sometimes vary considerably. The basic thinking behind Directive 2005/36/EC, however, particularly as regards the freedom to provide services, is contrary to this notion of a notary as a public office- holder involved in the judicial system.
Amendment 117 #
2011/0435(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to apply the mechanism of recognition under the general system, it is necessary to group the various national education and training schemes into different levels. Those levels, which are established only for the purpose of the operation of the general system, should have neither effect upon the national education and training structures nor upon the competence of Member States in this field, including a national policy for implementing the European Qualifications Framework. This can be a tool to promote the transparency and comparability of qualifications and can be a useful additional source of information for the competent authorities examining the recognition of qualifications issued in other Member States. The levels established for the operation of the general system should in principle no longer be used as a criterion for excluding Union citizens from the scope of Directive 2005/36/EC when this would be contrary to the principle of life long learning.
Amendment 121 #
2011/0435(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The system of automatic recognition on the basis of harmonised minimum training requirements depends on the timely notification of new or changed evidence of formal qualifications by the Member States and their publication by the Commission. Otherwise, holders of such qualifications have no guarantees that they can benefit from automatic recognition. In order to increase transparency and facilitate the examination of newly notified titles, Member States should designate an appropriate body, such as an accreditation board or a ministry, to examine each notification and provide a report on compliance with Directive 2005/36/EC to the Commission.
Amendment 128 #
2011/0435(COD)
Proposal for a directive
Recital 15
Recital 15
(15) The nursing and midwifery professions have significantly evolved in the last three decades: community-based healthcare, the use of more complex therapies and constantly developing technology presuppose a capacity for higher responsibilities for nurses and midwives. In order to prepare them to meet such complex healthcare needs, nursing and midwifery students need to have a solid general education background before they start the training. Therefore, admission to that training should be increased to twelve years of general education or success in an examination of an equivalent level; the decisive factor, however, is the quality and content of training, which must constantly be brought into line with the challenges facing these professions.
Amendment 133 #
2011/0435(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Directive 2005/36/EC should promote a more automatic character of recognition of qualifications for those professions which do not currently benefit from it. This should take account of the competence of Member States to decide the qualifications required for the pursuit of professions in their territory as well as the contents and the organisation of their systems of education and professional training. Professional assDual vociations and organisations which are representative at national and Union level should be able to propose common training principles. It should take the form of a common test as a condition for acquiring a professional qualification, or training programmes based on a common set of knowledge, skills and competences. Qualifications obtained under such common training frameworks should automatically be recognised byal training systems are a key element for low youth unemployment because they are tailored to the requirements of the labour market. This ensures a smooth transition from training into working life. If common training frameworks for which a dual training system already exists in a Member State are therefore to be created in a regulated profession, then the common training frameworks should be based on this conceptual approach whilst retaining the standards that exist in the Member States concerned.
Amendment 161 #
2011/0435(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of updating of Annex I, setting the criteria for the calculation of fees related to the European Professional Card, establishing the details of the documentation necessary for the European Professional Card, the adaptations of the list of activities set out in Annex IV, the adaptations of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, clarifying the knowledge and skills for medical doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architectsthe adaptations of the list of activities set out in Annex IV, adapting the minimum periods of training for specialist medical trainings and specialist dental training, the inclusion in point 5.1.3 of Annex V of new medical specialities, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, inclusion in point 5.3.3 of Annex V of new dental specialities, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carries outensure the appropriate consultations during its preparatory work, including at expert of experts at European and national level. The Commission, when preparing and drawing-up delegated acts, should ensure a transparent, simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 167 #
2011/0435(COD)
Proposal for a directive
Recital 26
Recital 26
(26) The advisoryverification procedure should be used for the adoption of implementing acts in order to lay down common and uniform rules regarding the specification of European Professional Cards for specific professions, the format of the European Professional Card, the translations necessary to support an application for issuing a European Professional Card, details for the assessment of the applications for a European Professional Card, the technical specifications and the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card, the conditions of access to the IMI file, the technical means and the procedures for the verification of the authenticity and validity of a European Professional Card and the implementation of the alert mechanism, due to the technical nature of those implementing acts.
Amendment 172 #
2011/0435(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 174 #
2011/0435(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) To the extent that they are regulated, this Directive also includes liberal professions, which are, according to this Directive, those practised on the basis of relevant professional qualifications in a personal, responsible and professionally independent capacity by those providing intellectual and conceptual services in the interest of the client and the public. The exercise of the profession might be subject in the Member States, in conformity with the Treaty, to specific legal constraints based on national legislation and on the statutory provisions laid down autonomously, within that framework, by the respective professional representative bodies, safeguarding and developing their professionalism and quality of service and the confidentiality of relations with the client.
Amendment 175 #
2011/0435(COD)
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) This Directive is without prejudice to measures necessary to ensure a high level of health and consumer protection.
Amendment 177 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/36/EG
Article 1 – paragraph 2
Article 1 – paragraph 2
This Directive also establishes rules concerning partial access to acertain regulated profession and access to and recognition of remunerated traineeships pursued in another Member States.
Amendment 206 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) 'European Professional Card': an electronic certificate issued toat the request of the professional proving the recognition ofassociation to the professional documenting his qualifications either for establishment in a host Member State or that he has met all the necessary conditions to provide services in a host Member State on a temporary and occasional basis;
Amendment 209 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii
Article 1 – paragraph 1 – point 3 – point a – point ii
Directive 2005/36/EC
Article 1 – paragraph 1 – point l
Article 1 – paragraph 1 – point l
(l) 'lifelong learning': all general education, vocational education and training, and non- formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences in terms of professional requirements and professional ethics.
Amendment 215 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Article 1 – paragraph 1 – point 3 – point a – point ii (new)
Directive 2005/36/EC
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
la) ‘dual training’: the alternating provision of vocational skills in two learning contexts – the work environment and the vocational school – on the basis of coordinated educational and quality standards. The term ‘vocational skills’ is understood to mean the capacity and willingness to use knowledge, abilities and personal, social and methodological skills both in work situations and for the purpose of professional and personal development;
Amendment 217 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/36/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The recognition of professional qualifications by the host Member State shall allow the beneficiary to gain access in that Member State to the same profession or, in the cases referred to in Article 4f, to part of the same profession, as that for which he is qualified in the home Member State and to pursue it in the host Member State under the same conditions as its nationals.
Amendment 220 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 1
Article 4 a – paragraph 1
1. Member States shall provide a holder of a professional qualification with a European Professional Card upon his request and on condition that the respective representative professional organisation has requested the issue of a professional card and the Commission has adopted the relevant implementing acts provided for in paragraph 6.
Amendment 224 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 2
Article 4 a – paragraph 2
2. Member States shall ensure that the holder of a European Professional Card benefits from all the rights conferred by Articles 4b to 4e, upon validation of the Card by the competent authority of the relevanhost Member State as provided for in paragraphs 3 and 4 of this Article.
Amendment 226 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 3
Article 4 a – paragraph 3
3. Where the holder of a qualification intends to provide services under Title II other than those covered by Article 7(4), the European Professional Card shall be created and validated by the competent authority of the home Member State in accordance with Articles 4b and 4c and validated by the competent authority of the host Member State in accordance with Articles 4b and 4d.
Amendment 228 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 5
Article 4 a – paragraph 5
5. Member States shall designate competent authorities for issuing European Professional Cards. Those authorities shall ensure an impartial, objective and timely processing of applications for European Professional Cards. The Assistance Centers referred to in Article 57b may also act in the capacity of a competent authority to issue a European Professional Card. Member States shall ensure that competent authorities inform citizens, including prospective applicants, on the advantages of a European Professional Card where it is available.
Amendment 232 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 6
Article 4 a – paragraph 6
6. TIf the representative professional organisations in over half of the Member States seek the introduction of a professional card for their profession, the Commission shall adopt implementing acts specifying European Professional Cards for specific professions, establishing the format of the European Professional Card, the translations necessary to support any application for issuing a European Professional Card and details for the assessment of applications, taking into account the particularities of each profession concerned. Those implementing acts shall be adopted in accordance with the advisoryverification procedure referred to in Article 58(2).
Amendment 241 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 a – paragraph 7
Article 4 a – paragraph 7
7. Any fees which applicants may incur in relation to administrative procedures to issue a European Professional Card shall be reasonable, proportionate and commensurate with the costs incurred by the home and host Member States and shall not act as a disincentive to apply for a European Professional Card. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the setting of criteria for the calculation and distribution of fees.
Amendment 249 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 b – paragraph 1
Article 4 b – paragraph 1
1. The Member States shall provide that a holder of a professional qualification may apply for a European Professional Card by any means, including through an on-line tool,in written or electronic form in accordance with Article 57 with the competent authority of the home Member State.
Amendment 251 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 b – paragraph 2
Article 4 b – paragraph 2
2. Applications shall be supported by the documentation required by Article 7(2) and Annex VII as appropriate. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the establishment of the details of the documentationIn case of justified doubts, the host Member State may ask for the original documents to be forwarded.
Amendment 257 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4b – paragraph 4
Article 4b – paragraph 4
The Commission may adopt implementing acts specifying the technical specifications, the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for making available a European Professional Card to its holder, including the possibility of downloading it or submitting updates for the file. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 262 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4c – paragraph 1
Article 4c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and valid and create a European Professional Card within twofour weeks from the date it receives athe complete application. It shall inform the applicant and the Member State in which the applicant envisages to provide services, of the validcreation of the European Professional Card. The transmission of the validcreation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years.
Amendment 273 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4c – paragraph 2
Article 4c – paragraph 2
2. The decision of the home Member State, or the absence of a decision within the period of twofour weeks referred to in paragraph 1, shall be subject to appeal under national law.
Amendment 281 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 1
Article 4d – paragraph 1
1. Upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within twofour weeks, verify and confirm the authenticity and validity of the submitted supporting documents, create the European Professional Card, transmit it for validation to the competent authority of the host Member State and inform that authority on the corresponding IMI file. The applicant shall be informed by the home Member State of the state of the procedure.
Amendment 286 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 2
Article 4d – paragraph 2
2. In the cases referred to in Article 16, 21 and 49a, a host Member State shall decide on validation of a European Professional Card under paragraph 1 within one montheight weeks as from the date of receipt of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of one montheight weeks.
Amendment 291 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 3
Article 4d – paragraph 3
3. In the cases referred to in Articles 7(4) and 14, a host Member State shall decide on whether to recognise the holder's qualifications or to subject him to compensation measures within two month12 weeks from the date of receipt for validation of the European Professional Card transmitted by the home Member State. In case of justified doubts, the host Member State may request additional information from the home Member State. That request shall not suspend the period of two month12 weeks.
Amendment 298 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4d – paragraph 5
Article 4d – paragraph 5
Amendment 318 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4e – paragraph 2
Article 4e – paragraph 2
2. Access to the information in the IMI file shall be limited to the competent authorities of the home and the host Member State and the holder of the European Professional Card in accordance with Directive 95/46/EC of the European Parliament and of the Council(**).
Amendment 319 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4e – paragraph 4
Article 4e – paragraph 4
4. The information included in the European Professional Card shall be limited to the information that is necessary to ascertain its holder's right to exercise the profession for which it has been issued, in particular name, surname, date and place of birth, profession, evidence of formal qualifications (in accordance with Article 49a of this Directive), evidence of professional experience, applicable regime, competent authorities involved, card number, security features and reference to a valid proof of identity.
Amendment 324 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4e – paragraph 7 – subparagraph 2
Article 4e – paragraph 7 – subparagraph 2
The Commission shall adopt implementing acts specifying the conditions of access to the IMI file, the technical means and the procedures for the verification referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 339 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 1 – point b
Article 4f – paragraph 1 – point b
Amendment 340 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 1 – point b
Article 4f – paragraph 1 – point b
Amendment 349 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
2005/36/EG
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary. Partial access shall not apply to the healthcare professionals governed by Articles 24, 25, 34, 35 and 44, including cases covered by Article 10b.
Amendment 374 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
2005/36/EG
Article 5 –paragraph 1 – point b
Article 5 –paragraph 1 – point b
(b) where the service provider moves, if he has pursued that profession in one or several Member States other than the one in which the service is to be provided for at least two years during the last 10 years preceding the provision of services when the profession is not regulated in the Member State of establishment.
Amendment 381 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
2005/36/EG
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) where the service provider is accompanying the service recipient, provided that the serviceis not intended either directly or indirectly for recipient's habitual residence is in the service provider's Member State of establishmentin the state of service provision and the profession does not appear on the list referred to in Article 7(4).
Amendment 396 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2005/36/EG
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 401 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2005/36/EG
Article 7 – paragraph 4 – subparagraph 4
Article 7 – paragraph 4 – subparagraph 4
Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by professional experience or lifelong learning of the service provider, the host Member State shall give the service provider the opportunity to show, in particular by means of an aptitude test, that he has acquired the lacking knowledge or competence. In any case, it must be possible to provide the service within one month of a decision being taken in accordance with the third subparagraph.
Amendment 405 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
2005/36/EG
Article 7 – paragraph 4 – subparagraph 5
Article 7 – paragraph 4 – subparagraph 5
Amendment 409 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a (new)
Article 1 – paragraph 1 – point 9 – point a (new)
Directive 2005/36/EC
Article 11 – paragraph 2 (new)
Article 11 – paragraph 2 (new)
Article 13 shall not apply to the health professions governed by Articles 24, 25, 34, 35 and 44.
Amendment 411 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2005/36/EC
Article 11 – subparagraph c – point ii
Article 11 – subparagraph c – point ii
(ii) regulated education and training oOr, in the case of a regulated professions, vocational training with a special structure, with competences going beyond what is provided for in level bincluded in Annex II, equivalent to the level of training provided for under point (i), if such trainingwhich provides a comparable professional standard and which prepares the trainee for a comparable level of responsibilities and functions provided the diploma is accompanied by a certificate from the home Member State;. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a in order to revise the list contained in Annex II to take account of forms of training which meet the requirements laid down in paragraph 1(c)(ii).
Amendment 417 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 2
Article 13 – paragraph 2
Access to and pursuit of the profession referred to in paragraph 1 shall also be granted to applicants possessing an attestation of competence or evidence of formal qualifications referredwho have pursued the profession referred to in that paragraph on a full-time basis for two in Article 11 issued byyears during the previous 10 years in another Member State which does not regulate that profession, providing they possess one or more attestations of competence or documents providing evidence of formal qualifications.
Amendment 419 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
3. In case of an attestation of competence or evidence of formal qualifications referred to in paragraphs 1 and 2 or a certificate certifying regulated education and training or a vocational training with special structure equivalent to the level provided for in Article 11(c)(i), the host Member State shall accept the level attested or certified by the home Member State.
Amendment 423 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2005/36/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. By derogation to paragraphs 1 and 2 of this Article, the competent authority of the host Member State may refuse access to and pursuit of the profession to holders of an attestation of competence in accordance with Article 11(a) where the national qualification required to exercise the profession on its territory is classified under points (c), (d) or (e) of Article 11.
Amendment 426 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 (new)
Article 1 – paragraph 1 – point 11 (new)
Directive 2005/36/EC
Article 13 – paragraph 4a (new)
Article 13 – paragraph 4a (new)
4a. Member States shall not be required, however, to accept evidence of formal qualifications in accordance with Annex V, point 5.6.2, in connection with the establishment of new public pharmacies. For the purposes of this paragraph, pharmacies which have been open for less than three years shall also be regarded as new pharmacies.
Amendment 427 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Directive 2005/36/EC
Article 14
Article 14
Amendment 434 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Directive 2005/36/EC
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Paragraph 1 shall be applied with due regard to the principle of proportionality. In particular, if the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the professionally relevant knowledge, skills and competences acquired by the applicant in the course of his professional experience and through lifelong learning in any Member State or in a third country is of a nature to cover, in full or in part, the substantially different matters referred to in paragraph 4.
Amendment 442 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2005/36/EC
Article 20
Article 20
The Commission shall be empowered to adopt delegated acts in accordance with Article 58a concerning the adaptations of the lists of activities set out in Annex IV which are the subject of recognition of professional experience pursuant to Article 16 with a view to updating or clarifying the nomenclature, provided that this does not involve anyinvolves neither a narrowing of the scope of the activities related to the individual categories nor the moving of individual activities from one list in Annex IV to another.
Amendment 443 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15Directive 2005/36/EC
Article 1 – paragraph 1 – point 15Directive 2005/36/EC
Article 21 – paragraph 7
(15) Paragraphs 4, 6 and 7 of Article 21 areis deleted.
Amendment 446 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2005/36/EC
Article 21a – paragraph 2
Article 21a – paragraph 2
Amendment 449 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2005/36/EC
Article 21a – paragraph 4
Article 21a – paragraph 4
4. Where the Commission considers that the notified acts referred to in paragraph 1 are not in compliance with this Directive, it shall adopt an implementing decision on that non-compliance, within six months of receiving all necessary information, in accordance with the procedure laid down in Article 58(2).
Amendment 450 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2005/36/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 458 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a
Article 1 – paragraph 1 – point 18 – point a
Directive 2005/36/EC
Article 24 – paragraph 2
Article 24 – paragraph 2
Basic medical training shall comprise a total of at least five years of study, which may also be expressed as an additional criterion with the equivalent ECTS credits, and shall consist of at least 5500 hours of theoretical and practical training provided by, or under the supervision of, a university.
Amendment 460 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive 2005/36/EC
Article 24 – paragraph 4
Article 24 – paragraph 4
Amendment 468 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing. This provision shall be without prejudice to the right of Member States may lay down at national level a longer period of general education as a requirement for admission to training.
Amendment 487 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 499 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Directive 2005/36/EC
Article 34 – paragraph 2
Article 34 – paragraph 2
Basic dental training shall compriselast a total of at least five years and consist of at least 5000 hours of full-time theoretical and practical study, which may also be expressed as an additional criterion with the equivalent ECTS credits, comprising at least the programme described in Annex V, point 5.3.1 and given inat a university, in or at a higher institute providing training recogniszed as being of an equivalent level, or under the supervision of a university, covering at least the study programme referred to in Annex V, point 5.4.1.
Amendment 505 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 24 – point b
Article 1 – paragraph 1 – point 24 – point b
Directive 2005/36/EC
Article 34 – paragraph 4
Article 34 – paragraph 4
Amendment 507 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 25 – point a
Article 1 – paragraph 1 – point 25 – point a
Directive 2005/36/EC
Article 35 – paragraph 2
Article 35 – paragraph 2
Full-time specialist dental courses shall be of a minimum of three years' duration, which may also be expressed as an additional criterion with the equivalent ECTS credits, and shall be supervised by the competent authorities or bodies. It shall involve the personal participation of the dental practitioner training to be a specialist in the activity and in the responsibilities of the establishment concerned.
Amendment 511 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point a
Article 1 – paragraph 1 – point 26 – point a
Directive 2005/36/EC
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
The training of veterinary surgeons shall comprise a total of at least five years of full-time theoretical and practical study, which may also be expressed as an additional criterion with the equivalent ECTS credits, at a university or at a higher institute providing training recognized as being of an equivalent level, or under the supervision of a university, covering at least the study programme referred to in Annex V, point 5.4.1.
Amendment 514 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Directive 2005/36/EC
Article 38 – paragraph 4
Article 38 – paragraph 4
Amendment 531 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point a
Article 1 – paragraph 1 – point 30 – point a
Directive 2005/36/EC
Article 44 – paragraph 2
Article 44 – paragraph 2
Evidence of formal qualifications as a pharmacist shall attest to training of at least five years' duration, which may also be expressed as an additional criterion with the equivalent ECTS credits, including at least:
Amendment 534 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 30 – point b
Article 1 – paragraph 1 – point 30 – point b
Directive 2005/36/EC
Article 44
Article 44
Amendment 537 #
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
Article 46 – paragraph 1
1. The duration of the training as an architect must be at least six years which may also be expressed with the equivalent ECTS credits. The training in a Member State shall comprise any of the following:
Amendment 541 #
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 – point 1 – point a
Article 46 – point 1 – point a
(a) at least four years of full-time study (which may also be expressed as an additional criterion with the equivalent ECTS credits) at a university or comparable teaching institution leading to successful completion of a university-level examination and at least two years of remunerated traineeshipconferring a formal qualification and at least two years of traineeship involving practical training conferring a professional qualification;
Amendment 547 #
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 (which may also be expressed as an additional criterion with the equivalent ECTS credits) at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.conferring a formal qualification and at least one year of traineeship involving practical training conferring a professional qualification;
Amendment 554 #
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 3
Article 46 – paragraph 3
3. The remunerated traineeship must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1n architect or a person or body approved for that purpose by a competent authority which has adequately checked their ability to provide practical training. The completion of the remunerated traineeship must be attested to in a certificate issued by a competent authority and accompanying the official evidence of formal qualifications.
Amendment 566 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point b
Article 49 a – paragraph 2 – point b
(b) the profession concerned is already regulated in at least one thirdhalf of all Member States;
Amendment 570 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point c
Article 49 a – paragraph 2 – point c
(c) the common set of knowledge, skills and competences combines the knowledge, skills and competences defined in the systems of education and training applicable in at least one third of all Member States; . If the profession in question is already regulated in a Member State by means of a dual training system within the meaning of Article 3(1)(la), the common training framework shall provide for training under a dual system whilst maintaining current standards;
Amendment 572 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point d
Article 49 a – paragraph 2 – point d
(d) the knowledge, skills and competences for such common training framework shall refer to the levels of the European Qualifications Framework, as dequalifications specifined in Annex II of the Recommendation of the European Parliament and of the Council on the establishment of the European Qualifications Framework for lifelong learningrticle 11 of this Directive (*);
Amendment 575 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point e
Article 49 a – paragraph 2 – point e
(e) the profession concerned is neither covered by another common training framework nor regulated already under Chapter III of Title III; of Title III, Chapter III of Title III or Article 10, point b.
Amendment 580 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 2 – point g
Article 49 a – paragraph 2 – point g
(g) the common training framework permits nationals from any Member State to be eligible for acquiring the qualification under such framework without first being required to be a member of any professional organisation or to be registered with such organisation.
Amendment 582 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 3
Article 49 a – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a specifying the common set of knowledge, skills and competences as well as the qualifications on the common training framework. The degree of detail shall not exceed that of the minimum training requirements laid down in Chapter III of Title III.
Amendment 584 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 4
Article 49 a – paragraph 4
Amendment 585 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 a – paragraph 5
Article 49 a – paragraph 5
5. A Member State may request a derogation from the application ofdeclare within six months following the entry into force of the delegated act referred to in paragraph 3 that the common training framework referred to in paragraph 3 is not applicable on its territory if it wereould otherwise be compelled to introduce a new regulated profession in its territory, if it werould be required to amend existing fundamental domestic principles relating to the structure of professions as regards training and the conditions of access to such professions or if the Member State does not wish to relate its national qualifications system to the qualifications set out in that common training framework. The Commission may adopt an implementing decision, in order to grant such derogation to the Member States concerned.
Amendment 586 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b
Article 49 b
Amendment 587 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – title
Article 49 b – title
Amendment 588 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 1
Article 49 b – paragraph 1
Amendment 589 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 2
Article 49 b – paragraph 2
Amendment 592 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Directive 2005/36/EC
Article 49 b – paragraph 3
Article 49 b – paragraph 3
Amendment 626 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a – Title
Article 55 a – Title
Recognition of remunerated traineeship
Amendment 634 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a – paragraph 1
Article 55 a – paragraph 1
Amendment 659 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 1 – subparagraph 2
Article 56 a – paragraph 1 – subparagraph 2
The information referred to in the first subparagraph shall be sent immediately, and in any event at the latest within three day48 hours from the date of legally binding adoption of the decision prohibiting the professional concerned from exercising a professional activity.
Amendment 668 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 42
Article 1 – paragraph 1 – point 42
Directive 2005/36/EC
Article 56 a – paragraph 5
Article 56 a – paragraph 5
5. The Commission shall adopt implementing acts for the application of the alert mechanism. The implementing act shall include provisions on the competent authorities entitled to sending and/or receiving alerts, on complementing the alerts with additional information, on the withdrawal and closure of alerts, on rights of access to data, and ways of correcting the information contained in the alerts, and measures to ensure the security of processing and retention periods. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 58.
Amendment 671 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Member States shall ensure that the following information is available online and regularly updated through the points of single contactcompetent authorities or bodies:
Amendment 674 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
a) a list of all regulated professions within the meaning of Article 3(1)(a) in the Member State including contact details of the competent authorities for each regulated profession and the assistance centre and contact points referred to in Article 57b;
Amendment 677 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 3
Article 57 – paragraph 3
3. Member States shall ensure that the points of single contact and the competent authorities respond as quickly as possible to any request for information addressed to the point of single contactany request for information is dealt with as quickly as possible. To this end, they may also refer such request for information to the assistance centers and contact points mentioned in Article 57b and inform the citizen concerned.
Amendment 680 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 43
Article 1 – paragraph 1 – point 43
Directive 2005/36/EC
Article 57 – paragraph 4
Article 57 – paragraph 4
4. Member States and the Commission shall take accompanying measures in order to ensure that points of single contact make the information provided for in paragraph 1 available in other official languages of the Union. This shall not affect the legislation of Member States on the use of languages in their territory.
Amendment 684 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57 a – paragraph 1
Article 57 a – paragraph 1
1. Member States shall ensure that all requirements, procedures and formalities relating to matters covered by this Directive may be easily completed, at a distance and by electronic means, through the relevant point of single contact.
Amendment 686 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 44
Article 1 – paragraph 1 – point 44
Directive 2005/36/EC
Article 57 a – paragraph 4
Article 57 a – paragraph 4
4. AIf activities covered by Directive 2006/123/EC are affected, all procedures shall be carried out in accordance with the provisions of Directive 2006/123/EC relating to the points of single contact. Any time limits for Member States to be complied with procedures or formalities set out in this Directive shall commence at the point when an complete application has been submitted by a citizen to a point of single contact.
Amendment 691 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – title
Article 57 b – title
Assistance centres and points of contact
Amendment 692 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – paragraph 1
Article 57 b – paragraph 1
1. Each Member State shall designate, no later than [insert date – transposition deadline] an assistance centre and/or national contact points whose remit shall be to provide citizens and centreontact points of the other Member States with assistance concerning the recognition of professional qualifications provided for in this Directive, including information on the national legislation governing the professions and the pursuit of those professions, social legislation, and, where appropriate, the rules of ethics.
Amendment 694 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – paragraph 2
Article 57 b – paragraph 2
2. The assistance centres or national contact points in host Member States shall assist citizens in exercising the rights conferred on them by this Directive, in cooperation, where appropriate, with the assistance centre or national contact points in the home Member State and the competent authorities and the points of single contact in the host Member State.
Amendment 695 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – paragraph 3
Article 57 b – paragraph 3
3. Any competent authority in the host Member State shall be required to fully cooperate with an assistance centre or the national contact points in the host Member State and provide information about individual cases to such assistance centres in the host Member Statesthem upon their request.
Amendment 696 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 45
Article 1 – paragraph 1 – point 45
Directive 2005/36/EC
Article 57 b – paragraph 4
Article 57 b – paragraph 4
4. At the Commission’s request, the assistance centres or national contact points shall inform the Commission concerning enquiries with which the Commission is dealing within two months after receiving such a request.
Amendment 705 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46 (new)
Article 1 – paragraph 1 – point 46 (new)
Directive 2005/36/EC
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
1a. The Commission shall ensure that experts from the professional groups concerned are consulted in an appropriate manner, in particular in the context of the work of the committee referred to in Article 58, and shall provide that committee with a reasoned report on those consultations.
Amendment 706 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 46
Article 1 – paragraph 1 – point 46
Directive 2005/36/EC
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Where reference is made to this paragraph, Article 45 of Regulation (EU) No 182/2011 shall apply.
Amendment 709 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 47
Article 1 – paragraph 1 – point 47
Directive 2005/36/EC
Article 58 a – paragraph 2
Article 58 a – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3(2), 4a(7), 4b(2), 20, 21a(3), 24(4), 25(5), 26(2), 31(2), 31(7), 34(2), 34(44(2), 35(4), 38(1), 38(4), 40(1), 40(4), 44(2), 44(4), 46(4), 49a(34(2), 46(4) and 49ba(3) shall be conferred on the Commission for an indeterminate period of time from [insert the date - date of entry into force of the amending Directive].
Amendment 711 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 47
Article 1 – paragraph 1 – point 47
Directive 2005/36/EC
Article 58 a – paragraph 3
Article 58 a – paragraph 3
3. The delegation of power referred to in Articles 3(2), 4a(7), 4b(2), 20, 21a(3), 24(4), 25(5), 26(2), 31(2), 31(7), 34(2), 34(44(2), 35(4), 38(1), 38(4), 40(1), 40(4), 44(2), 44(4), 46(4), 49a(34(2), 46(4) and 49ba(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 712 #
Amendment 713 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 48 a (new)
Article 1 – paragraph 1 – point 48 a (new)
Directive 2005/36/EC
Article 60 – paragraph 1 (new)
Article 60 – paragraph 1 (new)
(48a) Article 60(1) is replaced by the following: (1) As from [insert date – transposition deadline] the Member States shall forward to the Commission every two years a report on the application of this Directive which includes a list of the professions currently regulated under their national law. The Commission shall set up and maintain a publicly available database for such information.
Amendment 38 #
2011/0430(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point 2 (new)
Article 1 – paragraph 1 – point 4 – point 2 (new)
2003/98/EC
Article 4 – new paragraph
Article 4 – new paragraph
Amendment 50 #
2011/0430(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
8a. Whenever personal data are made available for reuse; (a) Licences should include a specific data protection clause. The content of this clause should be determined on the basis of the licence and data in question, inter alia, data protection risks present, complexity of the case, nature of personal data involved and expected purposes of reuse (b) Licence conditions should include the purposes for which personal data can be processed (c) Licence conditions should include provisions ensuring that re-users shall not make any attempt or facilitate third parties to identify the data subjects or use that data in support of measures nor decisions regarding these individuals. (d) Licence conditions for international data transfer for the purposes of reuse must contain provisions, and contractual clauses where necessary, for adequate levels of data protection, or another adequate legal basis for transfers to third countries for the purposes of reuse.
Amendment 9 #
2011/0401(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) With the aim of deepening the relationship between science and society and reinforcing public confidence in science, Horizon 2020 should favourHorizon 2020 should: promote active participation and informed engagement of citizens and, civil society on research and innovation matters by promoting science education, by making scientific knowledge more accessible, by developingand societal actors (researchers, policy makers and industry) in the research and innovation process; ensure the uptake of the gender dimension; promote excellent science education; guarantee the respect of ethical legislation and promoting the emergence of and adherence to the highest ethical standards worldwide; increase the accessibility and re-use of the results of publicly funded research, in particular scientific publications and data; develop responsible research and innovation and governance framework agendas that meet citizens' and civil society's concerns and expectations and by facilitatreinforcing their participation in the setting of research priorities of Horizon 2020 activities.
Amendment 26 #
2011/0401(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. To further attract citizens' and civil society's involvement and participation in research, the programmes promoting citizens' and civil society's participation initiated under the Seventh Framework Programme shall be continued in Horizon 2020 both as a stand-alone programme and as specific activities in particular under the societal challenges. Specific calls for participatory research shall be implemented where research and innovation activities are led by civil society organisations or where those organisations and citizens are actively involved as part of the project.
Amendment 27 #
2011/0401(COD)
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. Civil society organisations' and citizens' participation in the definition, execution and evaluation of research programmes shall be crucial for tackling societal challenges and shall be supported throughout Horizon 2020, including in drafting of the annual work programmes. Under each societal challenge, a specific platform for dialogue between civil society, citizens and researchers shall be established for discussing research priorities in the specific sectors areas.
Amendment 28 #
2011/0401(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Full account shall also be taken of relevant aspects of the research and innovation agendas established by European Technology Platforms, Joint Programming Initiatives and European Innovation Partnerships, provided that these agendas have been drafted in consultation with a wide range of experts and stakeholders.
Amendment 24 #
2011/0397(COD)
Proposal for a regulation
–
–
The Committee on Internal Market and Consumer Protection calls on the Committee on Transport and Tourism, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 127 #
2011/0373(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In the event of a complaint arising from the sale of goods or provision of services, customers should always first contact the entrepreneur or service- provider concerned in order to discuss their complaint and seek, at the initial stage, to solve the problem bilaterally. In many cases, consumer problems can thus be solved in advance.
Amendment 130 #
2011/0373(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Alternative dispute resolution offers a simple, fast and low-cost out-of-court solution to disputes between consumers and traders which it has not previously proved possible to resolve bilaterally. However, alternative dispute resolution is not yet sufficiently developed across the European Union. In order for consumers to fully exploit its potential, it is necessary that alternative dispute resolution is available for all types of consumer disputes, quality levels of ADR procedures are even and consumers and traders are aware of such procedures. It is also necessary that ADR entities handle cross- border disputes effectively.
Amendment 165 #
2011/0373(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The natural persons in charge of alternative dispute resolution should only be considered impartial if they cannot be subject to pressure that potentially influences their attitude towards the dispute. TSuch pressure should automatically be assumed to exist not only if the natural person in charge of dispute resolution is partly cofinanced by one of the parties: there is a particular need to ensure the absence of such pressure where ADR entities are financed solely by one of the parties to the dispute or solely by an organisation of which one of the parties is a member.
Amendment 223 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to procedures for the out-of-court resolution of contractual disputes arising from the sale of goods or provision of services by a trader established in the Union to a consumer resident in the Union through the intervention of a dispute resolution entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution, hereinafter ‘ADR procedures’.
Amendment 229 #
2011/0373(COD)
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) procedures before dispute resolution entities where the natural persons in charge of dispute resolution are employed exclusively by the traderone of the parties and which do not fulfil the criteria of Chapter II of this Directive;
Amendment 245 #
2011/0373(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) "contractual dispute" means a dispute arising from the sale of goods or provision of services which it has not proved possible to resolve bilaterally between the customer and the trader and/or service provider.
Amendment 387 #
2011/0373(COD)
Proposal for a directive
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
Amendment 388 #
2011/0373(COD)
Proposal for a directive
Article 16 – paragraph 2 – point g
Article 16 – paragraph 2 – point g
Amendment 389 #
2011/0373(COD)
Proposal for a directive
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
Amendment 395 #
2011/0373(COD)
Proposal for a directive
Article 17 – paragraph 5 – introductory part
Article 17 – paragraph 5 – introductory part
5. Every twohree years, each competent authority shall publish a report on the development and functioning of ADR entities. The report shall in particular:
Amendment 47 #
2011/0226(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The European Data Protection Supervisor should monitor and ensure the application of the provisions of this Regulation, inter alia maintaining contacts with national data protection authorities, including the relevant provisions on data security.
Amendment 52 #
Amendment 53 #
2011/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. For the acts listed in Annex II to this Regulation, tThe Commission may carry out pilot projects in order to assess whether IMI would be an effective tool for the implementation of provisions for administrative cooperation of internal market acts not yet listed in the Annex. The Commission mayshall decide that IMI shall be used, taking into account technical feasibility, cost- efficiency, user-friewhich internal market acts shall be subject to a pilot project, and on the modalities of that project. 1a. Prior to expandliness and ovg IMI to new areas and/or internall impact on the system. In such cases, the Commission shall be empowered to include those acts in Annex I following the procedure referred to in Article 23 market acts not yet listed in the Annex, the Commission shall undertake a full risk assessment and impact assessment regarding data protection. 1b. The Commission shall submit an evaluation of the outcome of the pilot project, risk assessments and impact assessments to the European Parliament and to the Council, accompanied, where appropriate, with a legislative proposal to amend the Annex to expand IMI to the relevant internal market acts.
Amendment 57 #
2011/0226(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 65 #
2011/0226(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point j a (new)
Article 5 – paragraph 2 – point j a (new)
(j a) 'formal closure' refers to the closure of a case, once the case has served its primary purpose. Such closure requires the active participation of an IMI user and that IMI user's agreement to close a case by an IMI user.
Amendment 66 #
2011/0226(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States, in cooperation with the Commission, shall designate the IMI coordinators and competent authorities and the internal market areas in which they have competence. The Commission may play a consultative role in this process.
Amendment 78 #
2011/0226(COD)
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. Where a case has been inactive for six months, or not formally closed after six months, IMI users and actors shall receive an automatic notification that the case has been inactive. If the case remains inactive or the competent authority does not signal otherwise within thirty days, the data pertaining to the case shall be blocked.
Amendment 80 #
2011/0226(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The processing of special categories of data referred to in Article 8(1) of Directive 95/46/EC and Article 10(1) of Regulation (EC) 45/2001 by means of IMI shall be allowed only on the basis of a specific ground mentioned in Article 8(2) of the Directive and Article 10(2) of the Regulationlegal provision or with the consent of the data subject, and with appropriate safeguards to ensure the rights of individuals whose personal data are processed.
Amendment 81 #
2011/0226(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Where sensitive data referred to in paragraph 1 is added to a data subject's file, the data subject shall be informed by the competent authority of the Member State which supplies those data. This information shall also include possible means of redress and the contact details of whom to contact in this regard. Where such sensitive data are proved wrong, inaccurate or of no further relevance, those sensitive data shall be deleted within thirty days of the decision or notification by the competent authority, whichever is the shorter time period.
Amendment 83 #
2011/0226(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. IMI actors shall ensure that data subjects are informed about processing of their personal data in IMI and that they have access to a privacy notice explaining their rights and how to exercise them, including information about whom to contact throughout the lifespan of their data in IMI and relevant contact details, in accordance with Articles 10 or 11 of Directive 1995/46/EC and national legislation which is in accordance with that Directive.
Amendment 85 #
2011/0226(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Data submitted by data subject to IMI shall only be used for the purposes for which the data were submitted. Data subject consent shall also be required for extension of the use of those data to new areas or workflows.
Amendment 86 #
2011/0226(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) types of administrative cooperation procedures, all IMI functionalities and categories of data that may be processed in IMI.
Amendment 91 #
2011/0226(COD)
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3 a. The Commission's internal control mechanisms shall include data privacy assessments, including a security risk analysis, on the basis of which a data protection policy (including a security plan) will be adopted, as well as periodic reviews and auditing.
Amendment 92 #
2011/0226(COD)
Proposal for a regulation
Annex I – point 3 a (new)
Annex I – point 3 a (new)
3 a. Commission Recommendation of 7 December 2001 on principles for using 'SOLVIT' – the Internal Market Problem Solving Network: Chapters I and II1 1 OJ L 331, 15.12.2001, p.79.
Amendment 80 #
2011/0150(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This regulation covers standardisation of services related to goods or digital content, such as installation, maintenance, repair or any other processing. However, it does not concern standardisation of intellectual and conceptual services as defined by Directive 2005/36/EC nor does it cover social, healthcare or pharmaceutical services. These services are provided on the basis of relevant professional qualifications in a personal, responsible and professional independent capacity in the interest of the client and the public.
Amendment 81 #
2011/0150(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Within the Union, national standards are adopted by national standardisation bodies which could lead to conflicting standards and technical impediments in the internal market. Therefore, it is necessary for the internal market and for the effectiveness of standardisation within the Union to confirm the existing regular exchange of information between the national standardisation bodies, the European standardisation bodies and the Commission, about current and future standardisation work, including the provisions concerning the standstill arrangements applicable to the national standardisation organisations within the framework of the European standardisation organisations. This exchange of information should be aligned with Annex 3 to Agreement on Technical Barriers to Trade approved by Council Decision No 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting from the 1973 to 1979 trade negotiations.
Amendment 88 #
2011/0150(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Any Union policy and legislative initiative should be in compliance with the United Nations Convention on the Rights of Persons with Disabilities concluded by the European Union on 23 December 2010, and especially Articles 3, 4 and 9.
Amendment 106 #
2011/0150(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Standards should as far as possible take into account environmental impacts throughout the life cycle of products and services. Important and publicly available tools for evaluating such impacts throughout the life cycle have been developed by the Commission's Joint Research Centre.
Amendment 109 #
2011/0150(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) The advisory procedure should be used for the implementing decisions with respect to the annual European standardisation work and the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were not yet published in the Official Journal of the European Union, given that the relevant standard did not yet lead to the presumption of conformity with the essential requirements set out in the applicable Union harmonisation legislation.
Amendment 110 #
2011/0150(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The examination procedure should be used for the implementing decisions with respect to the objections to harmonised standards which the Commission considers justified and where the references to the harmonised standard concerned were already published in the Official Journal of the European Union, given that such decision could have consequences on the presumption of conformity with the applicable essential requirements. National authorities should give their input through their national standardisation organisations during the standardisation process, in order to reduce as much as possible, modifications on the status of standards after the publication in the Official Journal of the European Union.
Amendment 111 #
2011/0150(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes rules with regard to the cooperation between European standardisation bodies, national standardisation bodies and the Commission, the establishment of those European standards and European standardisation deliverables for products and for services inrelated to goods or digital content which are used to support of Union legislation and policies, the recognition of technical specifications in the field of information and communication technologies (hereinafter ‘ICT’) and financing of European standardisation. Social services and services by Professional qualifications as defined by the Directive 2005/36/EC of the European Parliament and the Council on recognition of professional qualifications shall not be subject to this regulation.
Amendment 118 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘standard’ means a technical specification for repeated or continuous application, the draft of which has been subject to public enquiry, with which compliance is not compulsory, and which is one of the following:
Amendment 123 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
(a) ‘international standard’ means a standard adopted by an international standardisation bodyorganisation, and made publicly available;
Amendment 125 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
(b) ‘European standard’ means a standard adopted by one of the European standardisation bodies, which is automatically transposed as a national standard in Member States by withdrawal of conflicting national standards during the drafting of which a standstill on national level applies;
Amendment 129 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
(d) ‘national standard’ means a standard adopted by a national standardisation body, and made publicly available;
Amendment 132 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
(a) the characteristics required of a product including levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures;
Amendment 135 #
2011/0150(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘service’ means any self-employed economic activity related to goods or digital content, such as installation, maintenance, repair or any other processing, normally provided for remuneration, as referred to in Article 57 of the Treaty;
Amendment 155 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. European standardisation bodies shall ensure an appropriate representation and participation of small and medium-sized enterprises (hereinafter ‘SME’), consumer organisations and environmental and social stakeholders and representatives of employers and employees (hereinafter 'social partners'), in particular through the organisations referred to in Annex III, at the policy development level and at least at the following stages of the development of European standards or European standardisation deliverables:
Amendment 163 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) the vote: during a transitional period organisations referred to in Annex III shall be granted voting rights to items to which a representative of such an organisation has contributed at technical level and as long as the respective stakeholder group is not systematically and appropriately represented in at least 2/3 of the National Standardisation Organisations.
Amendment 164 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e b (new)
Article 5 – paragraph 1 – point e b (new)
(eb) In order to ensure the appropriate representation of stakeholders and to improve the consensus building process, the transparency of affiliation of members shall be promoted and monitored by European Standardisation Organisations.
Amendment 168 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 1 d (new)
Article 5 – paragraph 1 d (new)
1d. The European Standardisation Organisations shall grant an 'effective membership' to the organisations referred to in Annex III in order to strengthen the representation of those stakeholders who are often weak in, or absent from, the mirror standardisation committees at national level.
Amendment 172 #
2011/0150(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. European standardisation bodies shall ensure an appropriate representation, at technical level, of relevant public authorities including those responsible for market surveillance in the Member States, employers and employees as representatives for occupational safety and undertakings, research centres and universities and other legal entities, in standardisation activities concerning an emerging area with significant policy or technical innovation implications, if and in particular when these legal entities concerned participated in a project that is related to that area and that is funded by the Union under a multiannual framework programme for activities in the area of research and technological development.
Amendment 186 #
2011/0150(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The European standardisation work programme referred to in paragraph 1 shall specify the specific objectives and policies for the European standards and other European standardisation deliverables that the Commission intends to request from the European standardisation bodies. In cases of urgency the Commission can issue requests without prior indicationafter consultation with the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 188 #
2011/0150(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. A European Standardisation System Strategy Forum shall be set up by the Commission in order to consult and coordinate relevant European stakeholders and interested parties, including Annex III organisations, in the perspective of the European policy priorities and initiatives. This multi- stakeholder platform shall be consulted prior to the adoption of the multiannual European standardisation work programme referred to in paragraph 1 and on each standardisation request referred to in Article 7(1). This Forum shall also be used as the multi-stakeholder platform in the field of ICT proposed in the Commission Communication COM(2011)311.
Amendment 189 #
2011/0150(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission may request one or several European standardisation bodies to draft a European standard or European standardisation deliverable within a set deadline. They shall be market-driven, take into account the pubolic intery objectives clearly stated in the Commissions request and based on consensus.
Amendment 195 #
2011/0150(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The relevant European standardisation body shall indicate, within onthree month s following its receipt, and provided that it has been duly consulted during the drafting process, if it accepts the request referred to in paragraph 1.
Amendment 199 #
2011/0150(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When either a Member State or the European Parliament considers that a harmonised standard does not entirely satisfy the requirements which it aims to cover and which are set out in the relevant Union legislation, it shall inform the Commission thereof with a detailed explanation and evidence to sustain its claim. The Commission shall without delay convene the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 203 #
2011/0150(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The decision referred to in paragraph 2(a) of this Article shall be adopted in accordance with the advisory procedure referred to in Article 18(2) following the consultation of the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 205 #
2011/0150(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The decision referred to in paragraph 2(b) of this Article shall be adopted in accordance with the examination procedure referred to in Article 18(3) following the consultation of the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 208 #
2011/0150(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
Recognition and use of technical specifications in the field of ICT
Amendment 214 #
2011/0150(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Either on proposal from a public authority referred to in Directive 2004/18/EC or on its own initiative the Commission may decide, after consultation with representatives of all stakeholders, including the European Standardisation Organisations, to recognise technical specifications which are not national, European or international standards and meet the requirements set out in Annex II, as ICT standards.
Amendment 220 #
2011/0150(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Recognised ICT standards referred to in Article 9 shall constitute common technical specifications referred to in Directives 2004/17/CE and 2004/18/CE, and Regulation (EC) No 2342/2002.
Amendment 226 #
2011/0150(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point d
Article 11 – paragraph 1 – point d
(d) the activities of the central secretariats of the European standardisation bodies, including policy development, the coordination of standardisation activities, the processing of technical work and the provision of information to interested parties. Those activities shall be made accessible to persons with disabilities to the same level as for anyone else participating;
Amendment 232 #
2011/0150(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point f
Article 11 – paragraph 1 – point f
(f) the drawing up of information to explain, interpret and simplify European standards or European standardisation deliverables, including the drawing up of user guides, best practice information and awareness-building actions. Such information and material shall be available in accessible electronic format and/or accessible format for persons with disabilities;
Amendment 247 #
2011/0150(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) The decisions referred to in points (a) and (b) shall be adopted after consultation with the European Standards Organisations and the European Standardisation System Strategy Forum referred to in Article 6(2a).
Amendment 260 #
2011/0150(COD)
Proposal for a regulation
Annex 2 – point 3 – point c
Annex 2 – point 3 – point c
(c) intellectual property rights essential to the implementation of specifications are licensed to applicants on a (fair) reasonable and non-discriminatory basis ((F)RAND), which includes, at the discretion of the intellectual property right-holder, licensing essential intellectual property without compensation.
Amendment 264 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point a – introductory part
Annex 3 – point a – introductory part
(a) A European horizontal organisation representing crafts and SMEs in European standardisation activities which:
Amendment 270 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point d – point i
Annex 3 – point d – point i
(i) is non-governmental, non-profit- making, representative and independent of industry, commercial and business or other conflicting interests.
Amendment 272 #
2011/0150(COD)
Proposal for a regulation
Annex 3 – point d – point ii
Annex 3 – point d – point ii
(ii) has as its statutory objectives and activities to represent social interests and in particular most vulnerable groups such as persons with disabilities in the standardisation process at European level;
Amendment 9 #
2010/2305(INI)
Motion for a resolution
Recital B
Recital B
B. whereas absorption capacity is not a parameter but a variable and whereas it differs widely between and within the different Member States, so that individual solutions are necessary to increase this capacity,
Amendment 40 #
2010/2305(INI)
Motion for a resolution
Paragraph 2 – point 12 a (new)
Paragraph 2 – point 12 a (new)
insufficient involvement of the regional and local level and of other partners, with resultant failure to incorporate programmes properly in the local context;
Amendment 49 #
2010/2305(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that increasing the absorption rates can only lead to effective results if the Community regulatory framework is adhered to;
Amendment 72 #
2010/2305(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to make further efforts to attract and retain qualified staff to manage EU funds; recalls the possibilities for using funds from the ESF and technical assistance for building capacity necessary for programme implementation and follow-up;
Amendment 88 #
2010/2305(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that the establishment of ‘public- private partnerships’ is often a long and cumbersome procedure, but nonetheless believes that ‘public-private partnerships’ prepared well in advance could contribute to increasing absorption capacity and to resolving difficulties with co-financing; emphasises that democratic control over public-private partnerships must be guaranteed;
Amendment 91 #
2010/2305(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to inform citizensStresses the importance of partners for the capacity to absorb funds; calls on the Member States to inform citizens, associations and non-governmental organisations, and regional and local authorities fully about financing possibilities, eligibility for co-financing from the Structural and Cohesion Funds, the co- financing rules, the rules on reimbursement, and where to find calls for proposals, and to promote their commitment to exploiting funding opportunities;
Amendment 94 #
2010/2305(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates that multi-level governance and the partnership principle are key elements in the effectiveness of operational programmes and in high absorption capacity; recommends tocalls on the Members States that they consistentlyo reinforce the partnership and transparency principle, while establishing and implementing the operational programmes, and that theyerefore to involve the sub-nationregional and local levels from the outset, in defa binding investment priorities, in the decision-making process itself and in the, comprehensive and sustainable manner, in all phases of the establishment and implementation of operational programmes;
Amendment 3 #
2010/2289(INI)
Motion for a resolution
Recital A
Recital A
A. whereas relaunching the Single Market requires the active support of all citizens, European institutions, Member States and stakeholders,
Amendment 6 #
2010/2289(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a Single Market Act can have a sense only if its connected with the purpose of shifting the EU economy towards more sustainable and solidarity- based patterns
Amendment 7 #
2010/2289(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas it is important that the Single Market Act does not consist of a series of measures isolated from each other, and that all proposals must participate together in the achievement of a coherent objective
Amendment 8 #
2010/2289(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 9 #
2010/2289(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’ and especially its third chapter; considers that the three chapters of the Communication are equally important and interconnected, and should be dealt with in a consistent approach without isolating the different issues at stake from each other ;
Amendment 12 #
2010/2289(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises in particular the Commission's commitment, in this Communication, to promote new approaches towards sustainable development,
Amendment 14 #
2010/2289(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the importance of the Single Market and emphasises that it should be reconciled with citizens concerns ; welcomes the holistic approach used in the Communication;
Amendment 19 #
2010/2289(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that good governance is crucial to achieve the economic and social objectives of the single market, including free movement of persons, as well as the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion and a high level of education and training;
Amendment 30 #
2010/2289(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the intention of the Commission to increase consultation and dialogue with civil society; notes that these consultations should take account of the new, special role of local and regional authorities, since it is they that transpose the EU rules; regards as inappropriate, therefore, the list of consultation partners in the Commission’s proposal, which mentions local authorities last (COM(2010) 608, Proposal 48); calls on the Commission to upgrade the role of local and regional authorities accordingly in line with the Lisbon Treaty;
Amendment 41 #
2010/2289(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the use of regulations instead of directives where appropriate could contribute to a clearer regulatory environment and reduce the transaction costs associated with transposition; calls on the Commission to develop a more targeted approach to choosing legislative instruments, depending on the legal and substantial characteristics of the provisions to be implemented by respecting the principle of subsidiarity and proportionality;
Amendment 53 #
2010/2289(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the proposals of the Single Market Act that aim at developing further administrative cooperation between the Member States, including extending the Internal Market Information System to other legislative areas, where appropriate;
Amendment 58 #
2010/2289(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Regards it as necessary to include local and regional authorities in the development and expansion of the Internal Market Information System in order to avoid unnecessary red tape and excessive burdens at local level;
Amendment 86 #
2010/2289(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. asks the Commission to better inform in a transparent manner about ongoing infringement procedures
Amendment 95 #
2010/2289(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Regrets the lack of concrete proposals on the collective redress mechanism
Amendment 100 #
2010/2289(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. HighlightsBelieves that the mutual evaluation provided forcess set out in the Sservices Ddirective as an innovative way of using peer pressure to improve the quality of transposition; supports where appropriate using mutual evalucannot be seen as a model. Believes that all single market legislations should be evaluated in a multi-dimensional way (real effects on the economy, the quality of products and services and social and societal consequences) concerning first and foremost the existing legislation is on other areas, e.g. in the area of free movement of goods; liberalisations of services of general interest, for instance in postal, transport and energy services
Amendment 14 #
2010/2278(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Single Market contains diverse forms of enterprises, including social economy enterprises (including cooperatives, mutual societies, associations and foundations), and whereas enterprises in the Single Market, and the social economy enterprises in particular, pursue not only economic interests, but also contribute to society beyond economic activity;
Amendment 30 #
2010/2278(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas a Single Market Act can have a sense only if its connected with the purpose of shifting the EU economy towards more sustainable and solidarity- based patterns,
Amendment 31 #
2010/2278(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas it is important that the Single Market Act does not consist of a series of measures isolated from each other, and that all proposals must participate together in the achievement of a coherent objective,
Amendment 32 #
2010/2278(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas public authorities must be re- established in their democratic, legitimate role of regulation and re-orientation of our economy,
Amendment 42 #
2010/2278(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’, and specifically Chapter II, ‘Restoring confidence by putting Europeans at the heart of the Single Market’, containing 19 initiatives oriented to European citizens; ; considers that the three chapters of the Communication are equally important and interconnected, and should be dealt with in a consistent approach without isolating the different issues at stake from each other;
Amendment 43 #
2010/2278(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises in particular the Commission’s commitment, in this Communication, to promote new approaches towards sustainable development;
Amendment 44 #
2010/2278(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the importance of the Single Market and emphasises that it should be reconciled with citizens concerns; welcomes the holistic approach used in the Communication;
Amendment 46 #
2010/2278(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that efforts to achieve the Single Market need to concentrate on the concerns and rights of citizens, consumers, public service users and SMEs in order to overcome the current ‘European fatigue’; Underlines that "Putting citizens at the heart of the single market" will remain wishful thinking if it is only an instrumental strategy to convince people that the single market is good for them. More resolute actions must be taken to preserve and enhance the solidarity-based European model;
Amendment 63 #
2010/2278(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the Communication’s proposals are still too weak to put citizens at the heart of the Single Market, and the proliferating number of EU initiatives without clear prioritisation or clear links with relevant existing initiatives creates a need for consistency and good governance to ensure the coherence of European integration measures;
Amendment 69 #
2010/2278(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the priorities set out in the 19 proposals in accordance with five criteriasix priorities – basic social rights, consumer rights, free movement of workerspeople, free movement of goods and, socially oriented corporate institutions and social services of general interest, which should all be taken in the context of the fight against climate change and the need for long term economic, environmental and social sustainability – to provide tangible sustainable benefits for citizens and enterprises in a feasible period of time;
Amendment 72 #
2010/2278(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that in its resolution on social economy, the European Parliament has demanded better recognition for social economy enterprises, including generalised integration of the concept in EU policies, intensified dialogue with social economy representatives, better business support and recognition in social dialogue; recalls that in the same resolution, the European Parliament has demanded national registers to take social economy enterprises into account and has demanded specific statistics on the activity social economy enterprises;
Amendment 83 #
2010/2278(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists on the need to insert a ‘horizontal social clause’ in all Single Market legislation so, with a view to ensuring competition rules do not overrule fundamental rights and protect and uphold all fundamental rights and to ensure that policy is developed centring on citizens’ basic social rights: (a) the right to take collective action, (b) workers’ rights and labour law, and (c) employment protection, anticipating the planning of industrial restructuring in accordance with Article 9 of the Treaty on the Functioning of the European Union and the Charter of Fundamental Rights; Believes that all single market legislations should be evaluated in a multi- dimensional way (real effects on the economy, the quality of products and services and social and societal consequences) concerning first and foremost the existing legislations on the liberalisations of services of general interest, for instance in postal, transport and energy services. Points to the fact that in order to ensure that the rights of the Charter of Fundamental Rights are respected, it is necessary to analyse the social impact not only of all proposed legislation, but also of the already adopted legislation
Amendment 90 #
2010/2278(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 103 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.3
Paragraph 7 – point 7.3
7.3. a framework directivelegislative framework on services of general economic interest in accordance with Article 14 and Protocol 26 of the Treaty;
Amendment 105 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.4
Paragraph 7 – point 7.4
7.4. a new regulationrevision of the Directive on the recognition of professional qualifications, on improving human resources mobility, and on providing equal access and opportunities for citizens;
Amendment 108 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.5
Paragraph 7 – point 7.5
7.5. immediate action on a single mortgage market, to help the recovery of the housing market and European citizens’ confidence in the relevant financial instrumentsappropriate regulation and supervision ensuring responsible mortgage lending and borrowing;
Amendment 111 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.6
Paragraph 7 – point 7.6
7.6. an appropriate EU-cofinanced trans- European transport and energy network, including inter alia, promotion of interoperability and intermodality in the transport sector, and of renewable sources of energy, as a form of social and territorial inclusion for European citizens and economies;
Amendment 113 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.6 a (new)
Paragraph 7 – point 7.6 a (new)
7.6a. A Commission communication on the rights of passengers for all means of transport, to be followed by legislative proposals;
Amendment 114 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.7
Paragraph 7 – point 7.7
7.7. effective regulation of market surveillance and product safety, to reinforce consumer protection; to this end, the Commission should draw up a multiannual action plan for the development of European market surveillance, as well as guidelines for customs controls for product safety; urges the Commission to establish a single market surveillance system for all products, based on one legislative act covering both the GPSD and the Market Surveillance Regulation; this new legislative act should be created to reach a high level of product safety and market surveillance, clarifying the legal base and taking into account the provisions more developed in the two existing legislative acts;
Amendment 116 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.7 a (new)
Paragraph 7 – point 7.7 a (new)
7.7a. Welcomes the ‘Youth on the move card’ in order to improve young people’s studying, training and employment conditions abroad; Points to the fact that this initiative is not at all sufficient to combat the alarming youth unemployment in Europe;
Amendment 117 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.7 b (new)
Paragraph 7 – point 7.7 b (new)
7.7b. Welcomes the Commission’s proposal on a consultation regarding the Statute for a European Cooperative Society in order to make it more attractive for social entrepreneurs;
Amendment 118 #
2010/2278(INI)
Motion for a resolution
Paragraph 7 – point 7.7 c (new)
Paragraph 7 – point 7.7 c (new)
7.7c. Legislative initiatives on access to basic banking services and the Commission to call upon the banking sector to submit an initiative aimed at improving the transparency and comparability of bank charges by the end of 2011;
Amendment 124 #
2010/2278(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that any reform of second- pillar pension systems should be aimed at reinforcing and complementing the first pillar, which guarantees adequate pensions; reminds the Commission that many Member States have a well- functioning first-pillar system in place; urges the Commission to take note of this and to use these examples as benchmarks across the EU; Underlines that the economic crisis, the demographic change and the problems encountered by mobile workers must not be used as a pretext to put in question the primacy and importance of the 1st pillar of pension rights, especially as regards poverty prevention;
Amendment 125 #
2010/2278(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Considers that the Social Business Initiative will be most effective when based on clear, precise definitions and focussing on enterprises of the social economy, i.e. enterprises, which a) give primacy of the individual and the social objective over capital, b) offer voluntary and open membership, c) practice and encourage democratic control by the membership, d) combine the interests of members/users and/or the general interest, e) defend and apply the principle of solidarity and responsibility, f) are managed autonomously , g) of which surpluses are used to carry out sustainable development objectives or to provide services of interest to members or of the general interest;
Amendment 151 #
2010/2278(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the proposals supporting the innovative potential of the social economy; draws attention to the part of the social economy involving cooperatives, mutual societies, associations and foundations, which plays an especially valuable role in creating sustainable employment and growth and combating poverty and exclusion; Calls for measures to set up a legal frameworks and distinct European statutes for foundations, cooperatives and mutual associations, to prevent legal uncertainty and to ensure there are socially oriented corporate institution, facilitate cross-border operations and to ensure that not only can such socially oriented innovative enterprises are able to make the most of their economic and social potential in the single market but also that there are socially oriented corporate enterprises and socially innovative corporate projects in the area of services of general interest;
Amendment 157 #
2010/2278(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 159 #
2010/2278(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses the importance of using public procurement to support employment, social progress, sustainable development and innovation; urges the Commission to facilitate access to public procurement for SMEs, social economy enterprises and Fair Trade;
Amendment 179 #
2010/2278(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the programme does not sufficiently analyse the causes of market fatigue, the impact of liberalisation and market mechanisms on public services in terms of costs, affordability, quality, accessibility irrespective of age, disability, gender, ethnic origins and religion, or the expectations of Europe’s citizens from a revived Single Market;
Amendment 188 #
2010/2278(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Commission to propose legislation to ensure that citizens throughout the EU can benefit from high- quality services of general interest; notes that the SMA initiative includes a commitment to bring forward, in 2011, a set of measures relating to services of general interest; expects those proposals to reflect the provisions of Article 14 of the Treaty on the Functioning of the European Union and its Protocol No 26;
Amendment 190 #
2010/2278(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that the Communication does not sufficiently stress the importance of social services and does not recognise the specificities of SSGI within SGI; considers this ie proposals far from the quality framework promised by the Commission President; and included in the Commission work programme; calls on the Commission to urgently deliver on both the quality framework and the related proposals;
Amendment 203 #
2010/2278(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the lack of a Digital Single Market, and calls for the democratisation of broadband access and for continuous review of the Regulation on the telecoms sector ensuring privacy, data protection, and the protection of vulnerable groups;
Amendment 207 #
2010/2278(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Commission to introduce urgently clear-cut legislation which defines SSGI on the basis of fundamental rights rather than economic prospects, strengthens the principles of subsidiarity and local self-government and excludes SSGI from the application of market rules; points to the long ongoing stakeholder dialogue on this matter and calls on the Commission to finally move to action;
Amendment 210 #
2010/2278(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Emphasises the lack of clarity in the area of socially responsible public procurement, and draws attention to the changes in the legal framework brought about by the Lisbon Treaty and the Charter of Fundamental Rights, and looks to the Commission to implement the relevant provisions in an appropriate manner;
Amendment 228 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point a
Paragraph 17 – point a
(a) to enhance European market surveillance, improve access to basic banking services, create a single integrated mortgage market and remove tax obstacles and double taxation;
Amendment 233 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point -1 (new)
Paragraph 17 – point -1 (new)
(-1) Calls for a targeted revision of the Posting of Workers Directive (96/71/EC1) with a view to protecting Member States’ labour standards and industrial relations systems, including collective bargaining and different forms of collective action, and upholding the principle of equal pay for work of equal value at the same workplace rather than simply referring to minimum rates; calls for all relevant legislation to respect that labour standards are defined in relation to the place of work;
Amendment 234 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point a a (new)
Paragraph 17 – point a a (new)
(aa) Calls for the Commission to launch an extended examination of the phenomenon “social dumping” in pay and working conditions within the Internal Marked; Underlines that the social partners and the national labour inspection authorities must play a crucial role in this examination; Expects the Commission to propose new legal actions or additional implementation measures if appropriate;
Amendment 248 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point c
Paragraph 17 – point c
(c) to devise an action plan which is proportionate and has public support whilst respecting fundamental rights against counterfeiting and piracy as a major preventive tool, in order to ensure that goods circulating in the Single Market are safe to consume, of the appropriate standard and legal;
Amendment 262 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point e
Paragraph 17 – point e
(e) to introduce a system of benchmarks, based on the horizontal social clause, to assess the relevance and added value of all Single Market measures in terms of their social impact, tangibility and feasibility ex ante and ex post, involving relevant stakeholders, including civil society organisations;
Amendment 263 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point e a (new)
Paragraph 17 – point e a (new)
(ea) to encourage and support the supply of social services of general interest by social economy enterprises;
Amendment 264 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point e b (new)
Paragraph 17 – point e b (new)
(eb) Legislative initiatives on universal access to basic banking services for all EU citizens and the Commission to propose initiatives aimed at improving the transparency and comparability of bank charges by the end of 2011;.
Amendment 265 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point e c (new)
Paragraph 17 – point e c (new)
(ec) measures to stabilise financial markets and protect consumers through appropriate regulation and supervision ensuring responsible mortgage lending and borrowing. This necessitates rendering the marketing of mortgage products accurate, fair, clear and not misleading. There is also a need for stronger rules on the assessment of credit worthiness and suitability, as well as more generally on credit intermediaries;
Amendment 2 #
2010/2277(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to the Communication of the Commission on a Green Paper on Public Procurement [COM(2011)0015]
Amendment 3 #
2010/2277(INI)
Motion for a resolution
Citation 24 b (new)
Citation 24 b (new)
Amendment 3 #
2010/2277(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Deplores the fact that the Commission proposal gives no consideration to the reorientation of cohesion policy and that no package of measures relates to the increased significance of cohesion policy attributable to the Lisbon Treaty;
Amendment 4 #
2010/2277(INI)
Motion for a resolution
Recital A
Recital A
A. whereas it is important to restore confidence in the Single Market at all levels and to eliminate, to reconcile the EU economy with the concerns expressed by citizens and not only to eliminate, where appropriate, existing barriers to enterprises entering business; whereas unjustified high administrative burdens discourage new entrepreneurs, whereas adhesion of citizens to a well-functioning and integrated internal market is only possible in so far as it contributes to secure access to basic services for all
Amendment 4 #
2010/2277(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 8 #
2010/2277(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas a Single Market Act can have a sense only if its connected with the purpose of shifting the EU economy towards more sustainable and solidarity- based patterns
Amendment 9 #
2010/2277(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas it is important that the Single Market Act does not consist of a series of measures isolated from each other, and that all proposals must participate together in the achievement of a coherent objective
Amendment 9 #
2010/2277(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 10 #
2010/2277(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Amendment 12 #
2010/2277(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that single market accessibility for all EU regions is a prerequisite for the free movement of people, goods, capital and services, and thus for a strong and dynamic single market; points out, in this connection, the essential role played by the Union's regional policy in terms of developing infrastructure, particularly in the less developed and outermost regions; calls for the development of innovative sources of funding (such as public-private partnerships, project bonds and user charges)with regard to economically and socially coherent development of the regions; calls for the development of innovative sources of funding; calls on the Commission and the Member States jointly to address the complexity of the rules governing revenue- generating projects;
Amendment 13 #
2010/2277(INI)
Motion for a resolution
Recital D
Recital D
D. whereas lack of innovation in the EU is a key factor for the low growth rates in recent years; whereas enterprises should be actively encouraged in the direction of green technology innovation, which provides an opportunity to reconcile long-term growth and environmental protectionspeed up the shift towards a more sustainable economy and to reconcile long-term growth and environmental protection ; whereas, for this purpose, social, environmental and consumer protection standards must be fully respected,
Amendment 15 #
2010/2277(INI)
Motion for a resolution
Recital F
Recital F
F. whereas venture capital is an important source of finance for new innovative businesses; whe, but requireas there are barriers for venture capital funds wanting to invea strong regulation in order to protect investors and orientate the funds towards sust ain different EU Member Stateable projects,
Amendment 18 #
2010/2277(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the postal sector andit is essential to guarantee universal access to high-quality postal services ; whereas the promotion of interoperability and cooperation among postal systems and services can have a significant impact on the development of cross-border e- commerce,
Amendment 19 #
2010/2277(INI)
Motion for a resolution
Recital J
Recital J
J. whereas sub-optimal electronic management of copyrights leads to a high level of fragmentation in the market for audiovisual products which is detrimental to EU businesses; whereas both businesses and consumers would benefit from the creation of a genuine Single Market for audiovisual products as long as the fundamental rights of internet users are fully respected,
Amendment 21 #
2010/2277(INI)
Motion for a resolution
Recital K
Recital K
K. whereas counterfeiting and piracy reduces business confidence in e-commerce and fuel the fragmentation of intellectual property protection rules, which stifles innovation in the Single Market,
Amendment 22 #
2010/2277(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that regcohesional policy implementation is crucial for the success of the Europe 2020 strategy and theeconomic and social deepening of the single market; points out that EU structural funding should be allocated in a dynamic, forward-looking manner, i.e. so as to cushion further the possible adverse effects on regions of international trade agreementsglobal developments such as the economic crisis or climate change and to prepare EU regions for socioeconomic and climate change; calls for a more user-friendly regional policy, but also for stricter rules against ‘fund-shopping’, by means of which some enterprises may misuse the Union's financial instruments;
Amendment 23 #
2010/2277(INI)
Motion for a resolution
Recital L
Recital L
L. whereas differences in fiscal provisions, such as corporate taxation and reporting obligations for VAT, result in significant obstacles to cross-border transactions; whereas these barriers can be removed without harmonizing tax rate coordination of national tax policies as proposed by Mario Monti in his report would bring a valuable added- value to enterprises and citizens,
Amendment 26 #
2010/2277(INI)
Motion for a resolution
Recital M
Recital M
M. whereas cross-border procurement accounts for a low share of the whole public procurement market, despite being an opportunity for EU firms; whereas SMEs still have limited access to public procurement markets ; whereas the inclusion of environmental, social and innovative criteria in public authorities' calls for tender should be encouraged,
Amendment 28 #
2010/2277(INI)
Motion for a resolution
Recital N
Recital N
N. whereas services are accountable for a significant part of our economic growth; whereas the Single Market for services is still underdeveloped due to gaps and late implementation of the Services Directivere should be a thorough assessment of the impact of the Services Directive on the quality of services and on the possibility for public authorities to impose public interest requirements to services providers,
Amendment 34 #
2010/2277(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication ‘Towards a Single Market Act’ and especially its first; considers that the three chapters on ‘Strong, sustainable and equitable growth for business’f the Communication are equally important and interconnected, and should be dealt with in a consistent approach without isolating the different issues at stake from each other ;
Amendment 36 #
2010/2277(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 37 #
2010/2277(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises in particular the Commission's commitment, in this Communication, to promote new approaches towards sustainable development,
Amendment 38 #
2010/2277(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Welcomes the Commission’s intention of reviewing public procurement rules with the aim of bringing them into line with EU objectives and policies, simplifying the procedures, particularly for small local and regional authorities, and facilitating better access to public contracts for SMEs;
Amendment 39 #
2010/2277(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Criticises the fact that, in advance of the consultation on modernising European public procurement policy, it is intended that new legislative rules on contracting out services should be adopted; in the light of the ‘better regulation’ initiative, considers this counterproductive, as it could result in further fragmentation of the rules on public procurement and will increase legal uncertainty;
Amendment 40 #
2010/2277(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the importance of the Single Market for the competitiveness of EU enterprises and for the growth of European economies, andand emphasises that it should be reconciled with citizens concerns ; welcomes the holistic approach used in the Communication;
Amendment 48 #
2010/2277(INI)
Motion for a resolution
Subheading 2
Subheading 2
I. Priority Area 1: Anboosting innovative Single Marketon in the EU market to speed up the shift towards a more sustainable economy and thus creating new jobs in green technology areas
Amendment 50 #
2010/2277(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly supports the creation of an EU patent and of a unified patent litigation system in order to make the Single Market an innovation-friendly environment; stresses that the cost burden of multilingual patents would hinder innovation Welcomes the political will to create an SME friendly EU-wide patent system and recommends seizing this opportunity to tailor patents for innovation; recalls the issue of patent accessibility and scope which should be clearly defined in order to avoid expensive litigation; requests an economic impact study of the current patent system and the Unitary Patent system project on SMEs; recalls the social contract underlying the patent system which was established for the benefit of society, and that it should foster dissemination of innovation and not be misused to deter competition; deplores the behaviour of patent trolls which acquire patent portfolios with the sole aim of generating profit through enforcement and not as an incentive to promote innovation; recommends maximising the Single Market; advantages of the IPR system by encouraging the establishment of innovation clusters and patent pools or common patent platforms,
Amendment 51 #
2010/2277(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for the proposals in the chapter ‘Increasing solidarity in the single market’ to be expanded and bolstered, and particularly for account to be taken of the impact of the single market in the most disadvantaged regions in order to anticipate and support the adjustment efforts of those regions;
Amendment 53 #
2010/2277(INI)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 58 #
2010/2277(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Supports an initiative on an ecologic footprint of products and calls on the Commission to propose the establishment of a real common assessment and labelling system;
Amendment 59 #
2010/2277(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Urges the Commission to come up as soon as possible with an energy efficiency plan to improve energy savings;
Amendment 60 #
2010/2277(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers that the White Paper on transport policy should focus on proposals to enhance sustainable transport modes, including intermodality;
Amendment 61 #
2010/2277(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Encourages the Commission to propose a new legal framework for standardisation
Amendment 64 #
2010/2277(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the creation of EU project bonds in order to support long-term innovation in the Single Market; , including services infrastructures projects in transports, energy and telecommunications, stresses that project bonds would also necessarily need to serve the purpose of the ecological transformation of our economies. and calls on the Commission to come up as soon as possible with concrete proposals in this regard
Amendment 66 #
2010/2277(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Welcomes the Commission’s greater efforts to involve the general public in the consultation processes; observes that, in these consultations, the new special role of local and regional authorities should be taken into account, as it is they that implement the EU rules; therefore considers inappropriate the list given in the Commission proposal, which mentions local and regional authorities last among the consultation partners (COM(2010) 608, Proposal 48); calls on the Commission to upgrade the role of local and regional authorities accordingly, pursuant to the Lisbon Treaty;
Amendment 67 #
2010/2277(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Considers it necessary to involve local and regional authorities in developing and expanding the Internal Market Information System in order to avoid unnecessary bureaucracy and excessive burdens at local level;
Amendment 69 #
2010/2277(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to promote cross-border investment and to set up a legislative framework to allowregulate venture capital funds to be invested freely within the Single Market, irrespective of the Member State of originin order to protect investors and orientate these funds towards sustainable projects;
Amendment 78 #
2010/2277(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges the importance of public procurement, especially pre-commercial procurement, and the role it plays in stimulating innovation in the Single Market; encourages Member States to make use of pre-commercial procurement to give a decisive initial push to new markets for innovative and green technologies while improving the quality and effectiveness of public services; calls on the Commission and Member States to better communicate the existing possibilities for pre-commercial procurement to public authorities; calls on the Commission to explore how cross- border joint procurement can be facilitated; deplores the lack of legal clarity on the inclusion of social considerations in public procurement
Amendment 89 #
2010/2277(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission's proposed revision of the e-Signatures Directive; emphasizes the need for mutual recognition of e-identification and e-authentication across the EU and asks the Commission to tackle in this regard in particular the discrimination problems against recipients of services because their nationality or place of residence;
Amendment 95 #
2010/2277(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to take the appropriate measures to enhance the confidence of businesses and citizens in e- commerce, namely by harmonizing contract law where possible and by facilitating cross-border debt recoveryguaranteeing high- level consumer protection in this field and harmonizing contract law where possible;
Amendment 111 #
2010/2277(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges the Member States to guarantee universal access to high-quality postal services and to promote interoperability and cooperation among postal systems and services
Amendment 113 #
2010/2277(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to create a Single Market for online audiovisual goods by improving the electronic management of copyrights by guaranteeing the fundamental rights of internet users while ensuring that rightholders receive adequate remuneration for their creative works;
Amendment 126 #
2010/2277(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out the need to strengthenconduct the fight against online piracy in a proportionate manner and with public support by making full use of the available technology while respecting fundamental rights;
Amendment 134 #
2010/2277(INI)
Motion for a resolution
Subheading 4
Subheading 4
III. Priority Area 3: A business-friendly Single MarketMobilising financial means and fiscal tools to support the transition towards a more sustainable economy
Amendment 152 #
2010/2277(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Underlines the importance of removing fiscal barriers to cross-border activities; considers that a clearer VAT framework and reporting obligations for businesses are needed to encourage sustainable production and consumption patterns, limit adaptation costs, combat VAT fraud and enhance the competitiveness of EU firms;
Amendment 157 #
2010/2277(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 161 #
2010/2277(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Welcomes the intention to revise the energy tax directive ; considers that the revision should be aimed at introducing a minimum EU level of CO2 taxation consistent with the EU ambitions regarding the fight against climate change and the need to encourage more efficient energy use;
Amendment 163 #
2010/2277(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. SWelcomes the proposals aimed at introducing a common consolidated tax base to make economic activity and taxation match; stresses that a common consolidated corporate tax base founded on the minimum harmonisation principle would increase the transparency and comparability of corporate tax rates, thus reducing the obstacles to cross-border activities; stresses the need for a better coordination of national tax policies in order to put an end to unhealthy tax competition between Member States having damaging impact on employment and public finances;
Amendment 170 #
2010/2277(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to make public procurement procedures more effective to encourage EU firms to participate in cross-border public procurement; stresses that the participation of SMEs in contract award procedures should be further facilitated; considers that reciprocity is needed in this field between the EU and the industrialised countries and major emerging partners, without hindering the capability of the public authorities, especially in the developing countries, to use public procurement for purposes of general interest ; expects therefore the Commission to provide figures and facts regarding the level of openness of public procurement both in the EU and in other industrialised countries, and to come up with a balanced legislative proposal to enhance symmetry in access to public procurement;
Amendment 175 #
2010/2277(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Welcomes the Commission's intention to review the public procurement rules in order to bring them into agreement with goals and policies of the EU to simplify the procedure, especially for small local and regional authorities and to allow SMEs greater access to public procurement
Amendment 183 #
2010/2277(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Criticises the proposal, made prior to this consultation, that new legal rules should be adopted for service concessions ; considers this proposal to be counterproductive in view of the "better regulation" initiative, as this can lead to a further fragmentation of the rules regarding public contracts, and increase the legal uncertainty
Amendment 191 #
2010/2277(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need for proper implementation of the Services Directive and foran in-depth evaluation of the impact of the Services Directive on the quality of services and on the possibility for public authorities to impose public interest requirements to services providers ; emphasises the need to improve the possibility to complete procedures online which could considerably reduce operational costs for enterprises; urges the Commission to put a special emphasis on the development of the Single Market for online services;
Amendment 201 #
2010/2277(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recommends the creation of intermediary agencies in order to assemble the financial needs of innovative and sustainable projects (in particular for SGEI) and hence to facilitate their access to financial markets in better conditions
Amendment 207 #
2010/2277(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Invites the Commission toRecalls the Report of the Committee on the Internal Market and Consumer Protection (A7-0151/2010) on New Developments on Public Procurement ; accordingly, insists that any proposeal for a legal framework foract dealing with services concessions that would ensure transparency, effective judicial protection for bidders and legal certaintybe justified only with a view to remedying distortions in the functioning of the internal market, and points out that such distortions have not hitherto been identified, and that a legal act on service concessions is therefore unnecessary as long as it is not geared to an identifiable improvement in the functioning of the internal market;
Amendment 220 #
2010/2277(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 2 #
2010/2274(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the United Nations Convention on the Rights of Persons with Disabilities concluded by the EU on 23rd December 2010
Amendment 3 #
2010/2274(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to the Charter of Fundamental Rights of the European Union especially articles 2 (Right to life), 3 (Right to the integrity of the person), 6 (Right to liberty and security), 26 (Integration of persons with disabilities) and 35 (Right to health care)
Amendment 4 #
2010/2274(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas particular attention must be paid so that vulnerable groups are not left behind and special effective measures should always be implemented to guarantee their social inclusion and access to services on an equal footing with all other citizens;
Amendment 12 #
2010/2274(INI)
Motion for a resolution
Recital F
Recital F
F. whereas striving for progress is the driver force and delivery vehicle of the vision and objectives set by the European legislators; whereas proposals for new or amending legislation must take into account actual experiences and implementation capabilities; whereas legislative adaptations must benefit from clear political support furthermore underpinned by an objective cost-benefit socio- economic evaluation as the decisive factor;
Amendment 14 #
2010/2274(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the only number which can be used in all EU Member States to contact all the emergency services, is the European emergency number ‘112’;
Amendment 17 #
2010/2274(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 19 #
2010/2274(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas, several recent disasters have shown that early warning and alert of citizens in case of imminent or developing major emergencies and disasters is necessary in view of reducing suffering and the loss of life;
Amendment 20 #
2010/2274(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines the importance of Universal service obligations (USOs) as a fundamental right and more specifically as a safety net for social inclusiveness where market forces alone have failed to provide basic services to citizens and businesses;
Amendment 24 #
2010/2274(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Supports the Digital Agenda's ‘Broadband for all’ objectives and is convinced that universal access to broadband helps citizens and business to reap the full benefits of the Digital Single Market, in particular by improving social inclusion, creating new opportunities for socially and environmentally innovative businesses driving jobs, growth and more opportunities for cross border trade; to this end, supports the promotion of digital literacy;
Amendment 27 #
2010/2274(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that a combiningation of policies and technologies (such as wired, cable, fibre, mobile, and satellite networks) can foster the development of new on-line services and applications by businesses and public bodies such as e- governance, e-health, e-education, driving demand for faster Internet connections, making investments in open broadband networks more profitable and therefore encouraging public-private partnerships;
Amendment 29 #
2010/2274(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Emphasises the importance of public procurement rules and considers of utmost importance, during their reform, that the local and regional authorities be facilitated to participate in communication technology investments, that pre-commercial procurement is enhanced to the benefit of research and that e-procurement is established;
Amendment 31 #
2010/2274(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the Universal service is not a rightthe only or the key driver for achieving the ‘broadband for all’ objective given the high investment costs required, without necessarily being able to provide significantly improved services to consumers;
Amendment 38 #
2010/2274(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that Universal service obligations could eventually become an additional incentive to the development of broadband possibly as a medium-term target;
Amendment 46 #
2010/2274(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and Member States, with the contribution of the NRAs, to examine the options for an even application of USOs which would guarantee accessibility for vulnerable groups not only through introduction of special terminal equipment and affordable tariffs, but also through the availability of adequate information, and real consumer choice of available services and after-sales services;
Amendment 56 #
2010/2274(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on Member States to make use of the best points of disseminating information on the 112 emergency number, in particular schools, through which a great number of households can be easily sensitised, airports and train stations, given that the "112" is particularly useful to travellers, as well as the information portals of the national emergency services;
Amendment 67 #
2010/2274(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the importance of better coordination between emergency bodies both at national and cross border/European Union level to achieve the highest level of effectiveness and, to this end, calls on the Commission to support and co-ordinate with Member State administrations to explore ways to improve interoperability between their systems;
Amendment 69 #
2010/2274(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to set as soon as possible reliability requirements and establish immediate reaction indicators as performance targets;
Amendment 74 #
2010/2274(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends the exchange of best practices particularly on usingwith regards the handling of 112 calls, for example on the operators' training, the utilisation of a single operator to handle a call and the use of interpretation services that could help peoplthose who do not speak the language of the country in which they are using the emergency services;
Amendment 79 #
2010/2274(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Member States, given that the technology already exists, to show the necessary willingness for adopting a pro-active prevention system by sending the information on imminent or developing major emergencies and disasters to citizens in the concerned area through telecommunications services;
Amendment 17 #
2010/2245(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly advocates an eco-innovation action plan centred on SMEs and micro- enterprises in urban and rural regions whereby they would employ young people; emphasises that green technology innovation provides an opportunity to speed up the shift towards a more sustainable economy and fosters job creation, and that high level social, environmental and consumer protection standards will encourage enterprises in this direction;
Amendment 31 #
2010/2245(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and Member States to encourage the use of pre- commercial procurement as an integral part of the EU's innovation strategy; calls in particular on the Commission to clarify the relevant rules and enable contracting authorities across the board to make actual use of pre-commercial procurement; calls also the Commission and the Member States to encourage the inclusion of social, environmental, fair trade and innovative criteria in public procurement;
Amendment 2 #
2010/2152(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the Single Market Act proposal on regulatory convergence with the EU's major trading partners and the development of international standards to ensure high- level social, environmental, fair trade and consumer protection levels; stresses in particular that themes such as standardisation, mutual recognition, services and public procurement, should be at the heart of FTA negotiations;
Amendment 8 #
2010/2152(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the significant importance of relations with the USA; welcomes the Commission strategy of relaunching the Transatlantic Economic Council, focusing on the evolution of future technologies and the development of standards in key areas such as low-carbonenergy-efficient technologies;
Amendment 12 #
2010/2152(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and Council to promote international standardisation and the removal of unjustified non-tariff barriers to trade, and to further engage with major trading partners, particularly with China, on consumer product safety, and with Japan, paying special attention to removing non- tariff barriersunjustified non-tariff barriers; regards as unjustified all barriers resulting from the incoherent implementation of bilateral and multilateral trade rules; instead regards as justified all barriers resulting from the legitimate legislative and administrative activity of public authorities originating in other than trade scopes but having unintended consequences on trade, whose removal must be subject to public consultation and deliberation;
Amendment 19 #
2010/2152(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that public procurement accounts for a significant and growing share of global GDP, and furthermore offers untapped new growth opportunities for innovative businesses; regrets that the public procurement markets of the EU's major trading partners are not as open, and calls on the Commission to promote increased access for EU companurges the Commission to provide data regarding the level of openness of public procurement and to ensure reciprocity with other industrialised countries and major emerging economies;
Amendment 20 #
2010/2152(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers that innovation and identifying competitive advantage are crucial to the EU in a global economy where competitiveness is often based on cheap labour costs,; stresses the need to transform the EU’s trade policy into a true vehicle for sustainable development and accordingly urges the Commission to propose initiatives to support the development of hi-tech and green technologies, products, and services. and the creation of more and better jobs in these areas;
Amendment 2 #
2010/2109(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
– having regard to its resolution of 7 September 2010 on fair revenues for farmers: A better functioning food supply chain in Europe¹, ¹Texts adopted, P7_TA_PROV(2010)0302
Amendment 6 #
2010/2109(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the retail market, as a major energy user and waste producer, can make a key contribution to sustainability, including the EU 20-20-20 energy targets,
Amendment 11 #
2010/2109(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. HighlightNotes that retailers are offering diverse and modern ways of selling goods and services and contribute to consumer choice ands well as flexible employment opportunities, in particular for youth; stresses the need to invest in highly skilled work as this will contribute to the further development of the sector;
Amendment 24 #
2010/2109(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the primary focus must be on the effective enforcement of Treaty principles, existing internal market rules and instruments, the current regulatory framework for employment conditions, and self-regulation, rather than takbefore considering a regulatory approach;
Amendment 30 #
2010/2109(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that a well functioning market surveillance and third party certification system will create more consumer confidence;
Amendment 38 #
2010/2109(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges Member States to fully and correctly implement the internal market – notably the Goods Package, the Services Directive, the Late Payments Directive, the E-Commerce Directive and, the Small Business Act and the Unfair Commercial Practices Directive – as well as to remove overlaps and reduce administrative burdens;
Amendment 72 #
2010/2109(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Emphasises that e-commerce is an important complement to offline trade and that appropriate action must be taken to develop its full potential; calls on the Commission to include in the upcoming Communication on e-commerce measures to enhance confidence, in particular by simplifying registration of domains across borders, improving secure online payment and facilitating cross-border debt recovery, and submit a proposal for an effective alternative dispute resolution system and a balanced collective redress mechanism for cross-border disputes;
Amendment 88 #
2010/2109(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms that free competition and freedom of contract are key to a well- functioning retail market; notes, however, that true freedom of contract does not occur where there is a significant imbalance of power between parties;
Amendment 94 #
2010/2109(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Takes note, however, of a widespread concern abouWarns that market dominance by biglarger actors, who are perceived to can impose unfair terms on small suppliers and traders, for instance through mechanisms of selective distribution, restrictive practices, price control and delisting without notice, thereby distorting competition; underlines that the entire retail supply chain is affected by such practices; therefore encourages Member States to take action against cartels;
Amendment 116 #
2010/2109(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Urges the Commission and Member States to fully and coherently enforce competition law, and where applicable at national level, unfair competition and anti- trust law; encourages the Commission to investigate possibilities of including business-to-business transactions in the Unfair Commercial Practices Directive, and if inclusion is not possible, to propose specific legislation;
Amendment 123 #
2010/2109(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. RecogniseSupports the need expressed by some stakeholders to take a broader and horizontal approach, extending the scope beyond the agro-food industry; asks the Commission and the business federations, building on the ongoing work in the Experts Platform, to explore the possibilities for creating a new, open-ended forum focusing on retail as a whole;
Amendment 125 #
2010/2109(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Strongly supports, at the same time, the intense work underway by retailers' and suppliers' federations to set up informal dialogue and regular consultation mechanisms in respect of competition law; welcomes their voluntary initiative to agree on a declaration on common principles of good trading practices across the retail supply chain;
Amendment 128 #
2010/2109(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes with concern that existing legal instruments are not being fully used, especially by SMEs, to uphold their rights, due to economic dependency and concern of losing business; asks the Commission, Member States and business federations to identify ways to restore confidence and facilitate access to judicial systems, including the possibility of anonymous complaints and the establishment of an EU ombudsman in this area;
Amendment 131 #
2010/2109(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers that, rather than proposing legislation, alternative and informal dispute resolution and collective redress mechanisms should be explored and their effectiveness evaluated, particularly for cross-border disputes and their effectiveness evaluated; asks the Commission to propose legislation where necessary;
Amendment 138 #
2010/2109(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the factHighlights thate retailers and suppliers have been at the forefront for green responsibility and supports the commitments they have taken towards sustainable consumption sector's responsibility concerning sustainability, particularly regarding waste, energy consumption, transport and CO2 production; welcomes the commitments that retailers have already taken towards sustainable consumption but considers further efforts are necessary;
Amendment 153 #
2010/2109(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
Amendment 32 #
2010/2089(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 49 #
2010/2089(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Argues that open, competitive and well functioning markets stimulate innovation, investment and research in the healthcare sector and may help in identifying effective healthcare models;
Amendment 2 #
2010/2076(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out the need for closer and permanent cooperation between EU institutions and national authorities, as well as among Member States' administrations in order to ensure correct, effective and timely application of EU law and to detect implementation problems at an early stage;
Amendment 3 #
2010/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Urges the strengthening of Parliament’s role in the areas of the application, enforcement and monitoring of single market rules; supports the idea of an annual Single Market Forum;
Amendment 4 #
2010/2076(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Suggests that the European Parliament and national parliaments should use the new framework for cooperation established by the Lisbon Treaty and carry on annual reviews of the implementation process in a selected area of the single market; considers that the Commission and national authorities should take the utmost account of the outcomes of the review process;
Amendment 6 #
2010/2076(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the key role of the Internal Market Scoreboard and the Consumer Market Scoreboard in the context of the more effective use of monitoring and benchmarking instruments, which constitute an important indirect disciplinary mechanism; calls on the Commission and Member States to provide adequate financing and staffing so as to ensure that the Consumer Market Scoreboard can be further developed;
Amendment 7 #
2010/2076(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission, where necessary and when other means have proved inefficient, not to hesitate to make use of the infringement procedure and commit to speeding up infringement procedures concerning non-notification of implementing measures and infringements under Article 260 of the Treaty on the Functioning of the European Union (TFEU); urges the Commission to use the new provisions in Article 260(3) TFEU whenever appropriate for the effective and timely application of EU law;
Amendment 8 #
2010/2076(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. In order to ensure more transparency, calls on the Commission to provide more information about infringement proceedings, including the reasons why the Commission chooses to open or to close a case;
Amendment 9 #
2010/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on MEPs and national authorities to promote the Citizens" Signpost Service and the use of alternative dispute resolution instruments and informal problem-solving mechanisms, such as SOLVIT and EU Pilot, which are underused despite their great potential, as well as the single- entry webpage (Your Europe portal); calls for their capacity to be increased by means of the allocation of additional financial and human resources;
Amendment 10 #
2010/2076(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages those Member States not participating in EU Pilot to join this new cooperation initiative in order to further rationalize infringement proceedings; asks the Commission to include more detailed information on the impact of EU Pilot on the management of infringement procedures in its Annual Reports on monitoring the application of EU law;
Amendment 11 #
2010/2076(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Supports the establishment of a collective redress mechanism as a just measure of effective and appropriate conflict resolution to guarantee that the single marketoperates fairly to the benefit of all, which is a long standing demand of citizens and consumers' associations;
Amendment 12 #
2010/2076(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Urges Member States to strengthen their efforts in order to properly implement and ensure a correct enforcement of EU law in those fields which are at the core of the Single Market, such as the Services Directive, public procurement legislation or the directive on mutual recognition of professional qualifications;
Amendment 13 #
2010/2076(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 15 #
2010/2053(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 21 #
2010/2053(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that administrative procedures must become more efficient; takes the view that it would be useful in this connection to establish close cooperation between the points of single contact so that they can exchange experiences with cross-border services in the various regions of Europe;
Amendment 28 #
2010/2053(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Points out that services of general interest can and should be regulated at the place where they originate and where citizens benefit from them; calls, therefore, for municipalities to be left sufficient room for manoeuvre;
Amendment 2 #
2010/2051(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
having regard to the Commission communication of 25 June 2008 entitled “Think Small First” - A “Small Business Act” for Europe (COM(2008)0394),
Amendment 8 #
2010/2051(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas European Standardisation operates within - and in various relations towards - the global ecosystem and relies on specific structures and a dedicated set of processes for standards development as implemented by CEN and CENELEC on the basis of the national delegation principle and by ETSI on the basis of direct membership,
Amendment 11 #
2010/2051(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission's intention to review the European Standardisation System with a view to preserving its many successful elements, improving its deficiencies and striking the right balance between the European and national dimensions; stresses that the proposed review should build on the strengths of the existing system, which constitute a solid basis for improvement, refraining from any radical changes that would undermine the core values of the system; invites the Commission, in collaboration with stakeholders, to find new ways to optimise the effective adoption of European standards;
Amendment 14 #
2010/2051(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the Commission white paper on ‘Modernising ICT Standardisation in the EU – The Way Forward’ (COM(2009)0324); calls on the Member States and the Commission to implement the key recommendations outlined in the white paper in order to ensure the availability of relevant global ICT standards for implementation and use in EU policies and public procurement;
Amendment 20 #
2010/2051(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses, however, that these principles are not in themselves sufficient to ensure that small and medium-sized enterprises and societal stakeholders – in particular those representing health and safety, consumer and environmental interests – are adequately represented in the standardisation process; considers, therefore, that a vital element is the addition of the principle of "balanced‘relevant representation"’, given that it is of the utmost importance, whenever the public interest is concerned, to incorporate all stakeholder positions in a balancedrelevant manner, especially in the development of standards intended to supportto which EU legislation and policies will refer;
Amendment 29 #
2010/2051(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Supports, therefore, the Commission's intention to include service standards in the legal framework of European standardisation, as this will not only ensure the notification of all national service standards that could potentially constitute technical barriers to trade in the internal market, but also provide a proper legal basis on which the Commission can request theggests the Commission to challenge service business stakeholders to develop standards within the legal framework of European standardisation organisations (ESOs) –, namely CEN, CENELEC and the European Telecom Standards Institute (ETSI) – to develop standards in the services sector;
Amendment 34 #
2010/2051(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reaffirms that European standardisation in support of "‘New Approach"’ legislation has proved to be a successful and essential tool for completion of the single market; notes that the number of standardisation mandates supportingto which legislation in areas beyond those covered by the "‘New Approach"’ refers has increased in recent years, indicating that this model has been adopted across a broad range of EU policies; believes that it is desirable to extend the use ofpromote the reference to standards in other areas of Union legislation and policies beyond the single market, taking into account the specificities of the areas concerned, in accordance with the principles of better regulation;
Amendment 40 #
2010/2051(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Commission to develop and implement improved systemchallenge the ESOs (CEN, CENELEC, ETSI) to improve and monitor their processes for coordinating standardisation policy and activities, which should cover all the public-policy aspects of the whole standardisation process, from the preparation and delivery of mandates, through the monitoring of technical committee work, ensuring that the standards produced meet the essential requirements of the respective legislation, to the formal adoption, publication and use of the standards; as well as the assessment that mandated standards are consistent with EU policies and legislation which may exist in the concerned domain; calls on the Commission to revise and rationalise the process to deliver standardisation mandates to ESOs, so as to include a consultation phase with relevant stakeholders and a thorough analysis that justifies the need for a new standard setting activity, in order to insure the relevance of standard setting, avoid duplication and the proliferation of divergent standards and specifications;
Amendment 54 #
2010/2051(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the need, which has been recognised since the 1990s, to ensure direct participation by societal stakeholders and SMEs at European level in order to reflect their views more effectively, given that their representation on national technical committees in many Member States remains weak; affirms that, as very limited progrsuccess has been made toachieved in increaseing societal stakeholder and SMEs participation at national levelin these countries, financial and political support for the European organisations established to represent such stakeholders needs to be maintaikept and strengthened, at least in the period to 2020;
Amendment 67 #
2010/2051(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. WelRecommes recent developments in the International Organisation for Standardisation (ISO), innds the ESOs to look at recent developments occurred within the ISO such as the particular the model used to develop the ISO 26000 standard on social responsibility, in which national standards bodies were entitled to nominate to the respective working group only one representative from each of six stakeholder categories (industry, consumers, government, labour, NGO, SSRO (service, support, research and others)) that were identified;
Amendment 73 #
2010/2051(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that similar procedures, establishing an alternative model featuring a predetermined number of seats for the various stakeholder organisations,s would constitute a significant improvement compared with the traditional process of standards development in support of EU policies and legislation; maintains that, despite the current difficulties in generalising the use of such a multi-stakeholder model, this approach should be explored by the ESOs without delay as an alternative for the drafting of standards in areas of exceptional public interest, in order to ensure a balanced decision-making process; proposes that the 98/34 Committee (or its successor) should decide, when considering a mandate, whether to use this alternative model if the standard in question makes it vital to secure broader stakeholder participation; invites the European Commission to propose a means through which it would ensure the participation of stakeholders in the alternative model is financed; stresses that such a model would not affect the national delegation principle, as the draft standard would continue to be examined by national mirror committees and adopted on a weighted vote by the national standards bodies (NSBs);
Amendment 78 #
2010/2051(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Asks the Commission and the ESOs to promote training programmes and to take all measures needed to enable weaker NSBs, which do not currently run technical-committee secretariats, to assume a more active role in the standardisation process; considers that these programmes should target notably SMEs by raising the importance of standardisation as a strategic offering marketing tool;
Amendment 82 #
2010/2051(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Member States to ensure effective representation of all relevant stakeholders on national technical committees by establishing monitoring and reporting mechanisms and, where necessary, providing financial support to weaker societal stakeholders in order to facilitate theirensure their effective participation;
Amendment 113 #
2010/2051(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recognises that interoperability is key to innovation and competitiveness, especially in the ICT sector, where fora and consortia play a fundamental role; points out that interoperability depends not only on standard/specification definitions but also on the implementation of such standard/specifications by users; acknowledges the important role played by user driven fora and consortia to achieve interoperability;
Amendment 114 #
2010/2051(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Emphasises the need to safeguard and enhance Europe'san Countries’ position in the international standardisation environment in order to promote the development of international standards with genuine global relevance, facilitate trade and increase European competitiveness;
Amendment 2 #
2010/2021(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 20 #
2010/2021(INI)
Motion for a resolution
Paragraph 10 – first indent
Paragraph 10 – first indent
– consultations in the preparation and drawing-up of delegated acts, while ensuring the access for the rapporteur of the basic legislative act or any other designated person to the consultative meetings and other exchanges of information at the consultation stage, including at experts' level,
Amendment 11 #
2010/2010(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. points out that local and regional authorities play a key role in the shift to greater sustainability, since they not only combat climate change through intelligent energy policy which actively promotes the use of renewable energy locally, decentralised energy supplies and greater energy efficiency, but also open up the prospect of new economic and job opportunities for citizens; therefore calls on the Member States to give more weight in the operational programmes to measures promoting the shift to greater sustainability and combating climate change, where all types of investment are concerned;
Amendment 14 #
2010/2010(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
Amendment 2 #
2010/2001(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks for the financing of a pilot project entitled 'Single Market Forum', an annual event bringing together representatives of the EU institutions,which should take place once a year in the Member State holding the Council Presidency bringing together representatives of citizens, businesses and consumer organisations as well as representatives of the Member States and other stakeholder EU institutions in order to establish a clearer commitment to transposition, application and enforcement of sinternalgle market legislation, thus constituting a platform for the sharing of best practice between national administrations; calls, in addition, on the fi; considers that the aim of this event should be to tackle incorrect transposition, misapplication and lack of enforcement of single market legislation by improving coordination and better governancinge of a pilot projecthe single market; considers that wthich in the form of s event should become an important platform for exchan gindependently conducted survey would allow to identifyg best practices between stakeholders and for informing citizens on their rights in the single market; moreover, calls for the "top 20 sources of dissatisfaction and frustration for citiz" concerns, challenges and opportunities for citizens and businesses, identified by the Commission, to be taken into consideration at this event; deems the creation of a working group necessary, to be composed of Members of the European Parliamenst and businesses, especially SMEs, in the internal markerepresentatives of the Commission and the Council Presidency in office at the event, which should work out the details of the event;
Amendment 3 #
2010/2001(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Considers the slight increase in the amount, allocated to budget line 14 04 02 to the Programme Customs 2013 to be justified and appropriate to achieve the goals in this policy area, such as reinforcing security and protection of the external borders, supporting the fight against illicit trafficking and fraud and improving the efficiency of customs systems; supports the achievement of the Programme's goals by improving coordination and cooperation between Member States, promoting the exchange of best practices and know-how and monitoring the correct application of Community legislation; underlines the importance of training programmes for national customs officers;
Amendment 4 #
2010/2001(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Deems the amount allocated to budget line 17 02 02 in the field of consumer policy to be justified and appropriate to achieve an internal market with safe products and services, as well as equal rights for all consumers; emphasises the importance of close cooperation between the Community, Member States and third countries, including the United States, China and India on more effective enforcement mechanisms in order to attain greater consumer confidence; urges the Commission to develop a knowledge base and training programmes in the area of market surveillance; considers furthermore common efforts in the area of consumer education, in particular regarding financial literacy, a priority; calls also on the Commission to support the functioning of the Consumer Protection Cooperation (CPC) Network in order to enable a more efficient use of the CPC cooperation mechanisms by the enforcement authorities in the field of consumer protection in the Member States; recalls that the European Consumer Centres Network needs appropriate funding in order to promote consumer confidence in the single market; points out the important role of consumer organisations for awareness-raising in the Union and advocates the financing of their projects; accordingly, calls for a prolongation of the TRACE Programme which empowers consumer organisations through training activities to build up strong and efficient organisations and networks;
Amendment 15 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) Pursuant to Article 16 of Regulation (EC) No 648/2004, the Commission has evaluated the use of phosphates in detergents in the Report to the Council and the European Parliament concerning the use of phosphates. Following further analysis, the Commission has concluded that the use of phosphates in household laundry detergents should be limited in order to reduce the contribution of phosphates from detergents to eutrophication risks and to reduce the costs of phosphates removal in waste water treatment plants. Those cost savings outweigh the cost of reformulating household laundry detergents with alternatives to phosphates.
Amendment 17 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 2
Recital 2
(2) Efficient alternatives to phosphates- based household laundry detergents require small amounts of other phosphorous compounds, namely phosphonates which if used in increasing quantities might be of concern for the environment.
Amendment 19 #
2010/0298(COD)
Proposal for a regulation – amending act
Recital 5
Recital 5
Amendment 26 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – point 3 b (new)
Article 1 – point 3 b (new)
Regulation (EC) No 648/2004
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
(3b) In Article 11, the following paragraph is added: "6a. In order to prevent distortions in environmental competitiveness, manufacturers shall not claim that the performance of the detergent when merely complying with Union legislation, is an additional attribute."
Amendment 28 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – point 8
Article 1 – point 8
Regulation (EC) No 648/2004
Article 16
Article 16
Amendment 30 #
2010/0298(COD)
Proposal for a regulation – amending act
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Regulation (EC) No 648/2004
Annex VII – Section B a (new)
Annex VII – Section B a (new)
(11a) In Annex VII, the following section Ba is inserted : "Ba. Information on sustainable use Without prejudice to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version)1, the labelling of household laundry detergents shall mention relevant information, by means of a logo and/or text, on encouraging the sustainable use of laundry detergents, such as recommendations for avoiding the incomplete filling of washing machines, paying attention to the dosing instructions, washing at low temperature and recycling/refilling packaging." __________ 1 OJ L 376, 27. 12.2006, p. 21.
Amendment 32 #
2010/0298(COD)
Proposal for a regulation – amending act
Annex
Annex
Regulation (EC) No 648/2004
Annex VI a – column 1 – row 2
Annex VI a – column 1 – row 2
Household laundry detergents
Amendment 99 #
2010/0271(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) With the aim of simplifying and accelerating the type-approval legislation, a new regulatory approach has been introduced in EU vehicle type-approval legislation, under which the legislator in the ordinary legislative procedure sets out only the fundamental rules and principles and delegates the legislation of further technical details to the Commission. With regard to substantive requirements, this Regulation should therefore lay down only fundamental provisions on functional safety, and environmental performance and delegate to the Commission the power to lay down the technical specifications. The provisions need to be adapted to the different types of vehicles and limited to appropriate safety requirement for type- approval of systems, components and separate technical units.
Amendment 100 #
2010/0271(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In the interest of clarity, rationality and simplification, this Regulation should not contain too many implementation stages for the introduction of stricter emission levels and safety requirements. Therefore a three-step approach should be used, with dates of application of 1 January 2014 (following the entry into force of this Regulation), 1 January 2015 (2018) and 1 January 2017 (2021).
Amendment 105 #
2010/0271(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Within 2 years of the entry into force of this Regulation, the Commission should assess, on the basis of the outcome of a study, the need for and, if necessary, adopt, a new proposal. That proposal should address at least the following questions: whether the 400 kg weight limitation remains relevant; whether the distinction between 3 and 4- wheelers remains relevant in view of recent developments and whether further adaption needed due to market development in the area of e-vehicles.
Amendment 106 #
2010/0271(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) vehicles primarily intended for off-road use and designed to travel on unpaved surfaces (except L1 and L3 vehicles);
Amendment 107 #
2010/0271(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated powerpropulsion the output of which is cut off as the vehicle reaches a speed of 0.25 kW, where the output of the motor is cut off when the cyclist stops pedalling and is otherwise progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/hm/h, or sooner, if the cyclist stops pedalling; such cycles shall not be considered to be motor vehicles;
Amendment 108 #
2010/0271(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point i
Article 2 – paragraph 2 – point i
(i) self-balancing machines with a maximum design speed of 25 km/h; like cycles with pedal assistance excluded from the scope of this Regulation under Article 2(2)(h), such machines shall not be considered to be motor vehicles;
Amendment 109 #
2010/0271(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point j
Article 2 – paragraph 2 – point j
(j) vehicles not equipped with at least one seating position. with a maximum design speed of 25 km/h; like cycles with pedal assistance excluded from the scope of this regulation under Article 2(2)(h), such vehicles shall not be considered to be motor vehicles;
Amendment 110 #
2010/0271(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point j a (new)
Article 2 – paragraph 2 – point j a (new)
(ja) vehicles equipped with an electric motor, a maximum design speed of less than 25 km/h and an unladen mass of less than 25 kg; such vehicles shall not be considered to be motor vehicles.
Amendment 112 #
2010/0271(COD)
Proposal for a regulation
Article 3 – point 40
Article 3 – point 40
40. ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who sells, registers or is responsible for the entry into service ofmakes a vehicle, system, component or separate technical unit available on the Union market;
Amendment 115 #
2010/0271(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – introductory part
Article 4 – paragraph 2 – point a – introductory part
(a) Category L1e vehicle (light two-wheel or three-wheel powered vehicle), sub- categorised into:
Amendment 116 #
2010/0271(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point i
Article 4 – paragraph 2 – point a – point i
(i) L1Ae vehicle (plowered cycle) performance vehicles) as referred to in Annex I;
Amendment 117 #
2010/0271(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
(ii) L1Be vehicle (two-wheel moped) or powered cycle) as referred to in Annex I.
Amendment 122 #
2010/0271(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. L-category vehicles and systems, components and separate technical units intended for such vehicles shall comply with the requirements pertaining to their categories listed in Annex II to VIII a.
Amendment 127 #
2010/0271(COD)
Proposal for a regulation
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. L-category vehicles, except cycles equipped with auxiliary electric propulsion in category L1e, shall be equipped with designated measures to prevent tampering of a vehicle's powertrain, to be laid down in a delegated act by means of a series of technical requirements and specifications with the aim:
Amendment 135 #
2010/0271(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. FourTwo years after the date referred to in the second subparagraph of Article 82, all new vehicles in subcategories L1Be, L3e, L5e, L6Ae and L7Ae shall be equipped with the first stage of an on-board diagnostic (OBD) system which monitors and reports on electric circuit continuity, shorted and open electric circuits and circuit rationality of the engine and vehicle management systems (OBD I). This requirement shall not apply to electrically- propelled vehicles and vehicles with auxiliary electric propulsion in subcategory L1Be
Amendment 136 #
2010/0271(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. SixThree years after the date referred to in the second subparagraph of Article 82, all new vehicles in subcategories L6Be and L7Be shall be equipped with OBD I.
Amendment 141 #
2010/0271(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. EightFive years after the date referred to in the second subparagraph of Article 82, all new vehicles, except those in subcategory L1Ae, electrically-propelled vehicles and vehicles with auxiliary electric propulsion in subcategory L1BE, shall be equipped with OBD I.
Amendment 145 #
2010/0271(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Following confirmation in a decision adopted by the Commission in accordance with Article 21(4), eightfive years after the date referred to in the second subparagraph of Article 82, all new vehicles in (sub- )categories L1Be, L3e, L5e, L6Ae and L7Ae, except electrically-propelled vehicles and vehicles with auxiliary electric propulsion in subcategory L1Be, shall in addition also be equipped with the second stage of an on-board diagnostic system (OBD II) which, in addition to OBD I, monitors not only complete failures but also deterioration of systems, components or separate technical units during vehicle life under the condition that its cost-effectiveness is proven in the environmental effect study referred to in article 21(4) and (5).
Amendment 156 #
2010/0271(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. By 1 January 2016 at the latest, the Commission shall carry out a comprehensive environmental effect study. The study shall evaluate the air quality and the share of pollutants contributed by L- category vehicles and shall cover the requirements of test types I, IV, V, VII and VIII listed in Annex V. It shall collate and evaluate the latest scientific data, scientific research findings, modelling and cost efficiency with a view to establishing definitive policy measures by confirmation of the Euro 5 enforcement dates (Euro 6 dates for L3e motorcycles) laid down in Annex IV and the Euro 5 (Euro 6 for L3e motorcycles) environmental requirements laid down in Annexes V, VI(A3), VI(B2), VI(C2) and Annex VII concerning Euro 5 (Euro 6 for L3e motorcycles) durabion issues referred to in paragraph 5. The Commission shall report to the European Parliament and to the Council on the findings of the environmental effect study and proposed definitive politcy mileages and deterioration factors.easures as regards:
Amendment 166 #
2010/0271(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Fully electric-propelled vehicles, vehicles with auxiliary electric propulsion and/or vehicles propelled only with pre- compressed air are excluded from the environmental requirements listed in Annex V, test type I to VIIIX. These vehicles, except in category L1e, shall comply with the functional requirements of OBD, as laid down in a delegated act in order to repair these vehicles efficiently in case of malfunction.
Amendment 187 #
2010/0271(COD)
Proposal for a regulation
Article 41 – paragraph 4
Article 41 – paragraph 4
4. Applications for individual approval shall cover a maximum of 520 vehicles of the same type.
Amendment 195 #
2010/0271(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. The amount of end-of-series vehicle shall not exceed 10 % of the number of vehicles registered in the two preceding years or 1400 vehicles per Member State, whatever is the highest.
Amendment 205 #
2010/0271(COD)
Proposal for a regulation
Article 60 – paragraph 1
Article 60 – paragraph 1
1. Manufacturers shall provide unrestricted access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner. In particular, this access shall be grantedinformation shall be made available in a manner which is non- discriminatory compared to the access granted to authorised dealers and repairers. repair and maintenance information provided to authorised dealers and repairers and to independent operators. Vehicles shall be supplied with all information, special equipment and accessories essential to enable them to be adjusted, maintained and used safely.
Amendment 213 #
2010/0271(COD)
Proposal for a regulation
Annexes – Table of contents – Annex VIIIa (new)
Annexes – Table of contents – Annex VIIIa (new)
ANNEX VIIIa - Exemptions granted or special provisions applied to electric vehicles and to specified vehicles in category 1Le
Amendment 214 #
2010/0271(COD)
Proposal for a regulation
Annex I – Category L1e – Column 2 and column 3, first line
Annex I – Category L1e – Column 2 and column 3, first line
Light two-wheel or three-wheel powered vehicle (1) two wheels or three wheels and powered by a propulsion as listed under Article 4(3) and
Amendment 215 #
2010/0271(COD)
Proposal for a regulation
Annex I – Category L1Ae – Columns 2 and 3
Annex I – Category L1Ae – Columns 2 and 3
Amendment 217 #
2010/0271(COD)
Proposal for a regulation
Annex I – Category L1Be – Column 2 and 3
Annex I – Category L1Be – Column 2 and 3
Amendment 229 #
2010/0271(COD)
Proposal for a regulation
Annex II – II Vehicle Functional Safety Requirements – column 3 – point 1, 2, 7, 8, 9, 11, 12, 13, 17 – footnote 3a (new)
Annex II – II Vehicle Functional Safety Requirements – column 3 – point 1, 2, 7, 8, 9, 11, 12, 13, 17 – footnote 3a (new)
(3a) See Annex VIIIa.
Amendment 231 #
2010/0271(COD)
Proposal for a regulation
Annex II – II Vehicle functional Safety requirements – Point 9 (rearward visibility) –
Annex II – II Vehicle functional Safety requirements – Point 9 (rearward visibility) –
Column 5 (L1Ae)
Amendment 233 #
2010/0271(COD)
Proposal for a regulation
Annex II – II Vehicle functional Safety requirements – Point 11 (seating position) –
Annex II – II Vehicle functional Safety requirements – Point 11 (seating position) –
Column 5 (L1Ae)
Amendment 240 #
2010/0271(COD)
Proposal for a regulation
Annex II – III Vehicle Construction Requirements – column 3 – point 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 13 – footnote 3a (new)
Annex II – III Vehicle Construction Requirements – column 3 – point 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 13 – footnote 3a (new)
(3a) See Annex VIIIa.
Amendment 257 #
2010/0271(COD)
Proposal for a regulation
Annex IV – Column 2 – Rows 4 and 5
Annex IV – Column 2 – Rows 4 and 5
Euro 4 /Euro 5 (6)/Euro 6 Or. de Justification
Amendment 259 #
2010/0271(COD)
Proposal for a regulation
Annex IV – Enforcement dates – Column 3 – New types of vehicles Optional
Annex IV – Enforcement dates – Column 3 – New types of vehicles Optional
full column deleted
Amendment 261 #
2010/0271(COD)
Proposal for a regulation
Annex IV – Column 4 – new types of vehicles Obligatory
Annex IV – Column 4 – new types of vehicles Obligatory
1 January 2014 1 January 2017 1 January 20205
Amendment 263 #
2010/0271(COD)
Proposal for a regulation
Annex IV – Column 5 – existing types of vehicles Obligatory
Annex IV – Column 5 – existing types of vehicles Obligatory
1 January 2015 1 January 2018 1 January 20217
Amendment 266 #
2010/0271(COD)
Proposal for a regulation
Annex VI – Table A – (A1) Euro 3 – Column 5 (CO) – Row 5 (L2e)
Annex VI – Table A – (A1) Euro 3 – Column 5 (CO) – Row 5 (L2e)
Amendment 267 #
2010/0271(COD)
Proposal for a regulation
Annex VI – Table A – (A1) Euro 3 – Column 5 (CO) – Rows 6 and 7 (L3e, L4e, L5Ae, L7Ae)
Annex VI – Table A – (A1) Euro 3 – Column 5 (CO) – Rows 6 and 7 (L3e, L4e, L5Ae, L7Ae)
197000 197000
Amendment 271 #
2010/0271(COD)
Proposal for a regulation
Annex VI – Table A – (A2) Euro 4 (5) – Columns 5 (CO) and 6 (THC) – Row 5 (L2e)
Annex VI – Table A – (A2) Euro 4 (5) – Columns 5 (CO) and 6 (THC) – Row 5 (L2e)
19000 7630
Amendment 272 #
2010/0271(COD)
Proposal for a regulation
Annex VI – Table A – (A2) Euro 4 (5) – Columns 5 and 6 (CO) – Rows 6 and 7 (L3e, L4e, L5Ae, L7Ae)
Annex VI – Table A – (A2) Euro 4 (5) – Columns 5 and 6 (CO) – Rows 6 and 7 (L3e, L4e, L5Ae, L7Ae)
114000 114000
Amendment 297 #
2010/0271(COD)
Proposal for a regulation
Annex VIII– Table – Column 3 – Row 2
Annex VIII– Table – Column 3 – Row 2
Requirements L-category vehicles, except all vehicles in category L1e, are to be constructed such that each of the wheels can rotate at different speeds at all times in order to allow safe cornering on hard-surfaced roads. If a three- or four-wheel vehicle is equipped with a lockable differential, it must be designed to be normally unlocked.
Amendment 300 #
2010/0271(COD)
Proposal for a regulation
Annex VIIIa (new)
Annex VIIIa (new)
Annex VIIIa Exemptions granted or special provisions applied to electric vehicles and to specified vehicles in category 1Le No Artic Subject All All All Vehicles le electric non- electrically- with vehicles electric propelled auxiliary vehicles vehicles in electric in L1Ae propulsion L1Ae in L1Be I.2 21 & Environment EX EX EX 22 al test procedures related to exhaust emissions, evaporative emissions, greenhouse gas emissions and fuel consumption ; I.4 21 & Test EX EX EX 22 procedures related to sound II.1 20 Audible SP SP warning devices II.2 20 Braking, SP SP SP including anti-lock and combined brake system II.7 20 Identificatio SP SP SP n of controls, tell-tales and indicators II.8 20 Installation SP SP SP of lighting and light signalling devices, including automatic switching of lighting II.9 20 Rearward EX EX SP visibility II.11 20 Seating EX EX EX position (saddles and seats) II.12 20 Steer-ability, SP SP SP cornering and turn- ability II.13 20 Tyres SP SP SP II.17 20 Vehicle SP SP SP structure integrity III.1 18 & Anti- SP SP SP 19 tampering measures III.2 18 & Coupling SP SP SP 19 devices and attachments III.3 18 & Devices to SP SP SP 19 prevent unauthorised use III.4 18 & External SP SP SP 19 projections III.5 18 & Fuel storage EX 19 III.7 18 & Masses and SP SP SP 19 dimensions III.8 18 & On board EX EX EX 19 diagnostics III.9 18 & Passenger SP SP SP 19 handholds and footrests III.1 18 & Rear SP SP SP 0 19 registration plate III.1 18 & Stands SP SP SP 2 19 III.1 18 & Statutory SP SP SP 3 19 marking “EX” means the requirement does not apply to the specified vehicles. “SP” means that the separate Regulations will lay down specific requirements for the specified vehicles.
Amendment 301 #
2010/0271(COD)
Proposal for a regulation
Explanatory notes to Annexes I to VIII - Title
Explanatory notes to Annexes I to VIII - Title
Explanatory notes to Annexes I to VIIIa
Amendment 303 #
2010/0271(COD)
Proposal for a regulation
Explanatory notes to Annexes I to VIII – point 3 a (new)
Explanatory notes to Annexes I to VIII – point 3 a (new)
(3a) Exemptions granted or special provisions applied to electric vehicles and to category 1Le as specified in Annex IX.
Amendment 26 #
2010/0220(NLE)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) European mining regions should be able to use the funding sources available to ensure sustainable structural change; State aid to subsidise active labour market measures should be regarded as compatible with the internal market, as they serve to mitigate the social impact of closures in the coal industry;
Amendment 28 #
2010/0220(NLE)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to mitigate the negative environmental impact of aid to coal and coal imports, the Member State should provide a plan of appropriate measures, for example in the fields of energy efficiency, and renewable energy or carbon capture and storage.
Amendment 30 #
2010/0220(NLE)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In line with the 'polluter pays' principle and the necessity of the internalisation of external costs, undertakings should be obliged to cover the costs of remedying the short- and long-term environmental damage caused by their activities.
Amendment 32 #
2010/0220(NLE)
Proposal for a regulation
Article 1 – point h a (new)
Article 1 – point h a (new)
(ha) "active labour market measures" means measures for the benefit of the workers affected such as job-search assistance, occupational guidance, tailor- made training and re-training, certification of acquired experience, entrepreneurship promotion or aid for self-employment, measures such as job- search allowances, mobility allowances or allowances to individuals participating in lifelong learning and training activities and measures to enable particularly disadvantaged or older workers to stay in, or resume, employment.
Amendment 44 #
2010/0220(NLE)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) the Member State must provide a plan to take measures aimed at mitigating the environmental impact of the use of coal, for example in the fields of energy efficiency, and renewable energy or carbon capture and storage. The inclusion of measures constituting State aid within the meaning of Article 107 (1) in such a plan is without prejudice to the notification and standstill obligations imposed on the Member State with respect to these measures by Article 108 (3) TFEU, and to the compatibility of these measures with the internal market."
Amendment 46 #
2010/0220(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. State aid granted to undertakings which carry out or have carried out an activity in connection with coal production to enable them to cover the costs arising from or having arisen from the closure of coal production units or those of contributing to the alleviation of the social consequences thereof through active labour market policies and which are not related to current production, may be considered compatible with the internal market provided that the amount paid does not exceed such costs. Such aid may be used to cover:
Amendment 47 #
2010/0220(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) costs related to active labour market measures and social plans.
Amendment 37 #
2010/0207(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Contributions to Deposit Guarantee Schemes should take account of the degree of risk incurred by their members. This would allow to reflect the risk profiles of individual banks and lead to a fair calculation of contributions and to provide incentives to operate under a less risky business model. Developing a set of core indicators mandatory for all Member States and another set of optional supplementary indicators would introduce such harmonisation gradually. In the case of particularly low-risk sectors of lending which are governed by special laws, including building societies, corresponding special arrangements should be provided for.
Amendment 43 #
2010/0207(COD)
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 72 #
2010/0207(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The contributions to Deposit Guarantee Schemes referred to in Article 9 shall be determined for each member on the basis of the degree of risk incurred by it. Credit institutions shall not pay less than 75% or more than 200% of the amount that a bank with an average risk would have to contribute. Member States may decide that members of Schemes referred to in Article 1(3) and (4) pay lower contributions to Deposit Guarantee Schemes but not less than 37.5% of the amount that a bank with an average risk would have to contribute. Deposits with building societies shall be taken into account at a rate of 20% in the calculation of contributions and of the target level.
Amendment 73 #
2010/0207(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Paragraph 2 shall not apply to Deposit Guarantee Schemes referred to in Article 1(2)3) or to building societies.
Amendment 2 #
2009/2231(INI)
Motion for a resolution
Citation 3a (new)
Citation 3a (new)
- having regard to its resolution of 15 June 2010 on transparency in regional policy and its funding (2009/2232(INI))
Amendment 25 #
2009/2231(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Member States to involve relevant regional and local authorities and civil society actors from the very early stages of negotiations on Union legislation and on programmes benefiting from the Structural Funds so as to allow a timely dialogue between the different layers of government; calls for these authorities to participate in the responsible decision- making bodies on an equal footing with the national representatives;
Amendment 33 #
2009/2231(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Urges the Commission to come up with an agreed definition of the concept of partnership as a condition for building up real partnerships with regional and local authorities and civil society actors; asks the Commission to seriously verify the implementation of this principle by developing specific evaluation tools and to spread best practices in this area through ICT tools;
Amendment 42 #
2009/2231(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that transparency is a key prerequisite for a successful implementation of Multi-Level- Governance; Calls on the Member States to fully comply with the requirements of the revised financial regulation and to disclose information on final beneficiaries of Structural Funds;
Amendment 49 #
2009/2231(INI)
Motion for a resolution
Paragraph 18a (new)
Paragraph 18a (new)
18a. Notes that decentralised delivery mechanisms are a key factor for multi- level governance; Given the necessity for simplification calls on the Member States and regions to sub-delegate implementation of a part of an operational programme where appropriate and to better exploit the use of global grants;
Amendment 1 #
2009/2175(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that although local and regional authorities are amongst Europe’s largest purchasers and therefore play an essential role in implementing public procurement rules, there is a general lack of legal expertise complexity of the rules on competition law and procurement law means that there is often a lack of expertise in the legal framework and its implementation, appropriate training and guidelines on procurement within sub- national authorities;
Amendment 5 #
2009/2175(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the opinion of the Committee of the Regions of 10 February 2010 on ‘contributing to Sustainable Development: the role of Fair Trade and non-governmental trade-related sustainability assurance schemes’ (RELEX-IV-026),
Amendment 6 #
2009/2175(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 6 June 2006 on Fair Trade and Development (2005/2245 (INI)),
Amendment 6 #
2009/2175(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that it is not only costs and complexity which can be prohibitive, but also the time needed to complete the public procurement process, not land the threast because theof legal action in the form of lengthy appeal procedures arethat are often obstructed by various actors, and hence welcomes the fact that the recovery plan makes it possible to apply accelerated versions of the procedures outlined in the public procurement directives to major public projects specifically in 2009 and 2010; calls on the Member States to supportmake use of the procedure and assist local authorities in using these new procedures, in each case in compliance with the standard public procurement rules and regulations;
Amendment 10 #
2009/2175(INI)
Draft opinion
Paragraph 3a (new)
Paragraph 3a (new)
3a. Calls on the Commission to examine the possibility of using, even beyond 2010, accelerated versions of procedures in connection with structural funds and an extension of the temporary increase in thresholds, with the specific aim of increasing investment;
Amendment 11 #
2009/2175(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Deplores the fact that in some cases Structural Fund allocations for infrastructure projects undertaken in the context of a Public Private Partnership (PPP) and related contracts with private operators based on public procurement carried out at sub-national level have led to a loss of European Union subsidies previously available to fund infrastructure development; believes that it is vital to remove obstacles to and establish clear rules for PPPs if the European Union wants to have any chance of making the necessary investments in infrastructure and quality services; calls on the Commission to ensure that public procurement and Structural Fund implementation rules set a clearoherent framework for PPPs in order to create legal certainty for all stakeholders and reduce the pressure on public budgets, in the context of the principle of co-financing and in the aftermath of the global economic crisis;
Amendment 13 #
2009/2175(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Deplores the fact that in some cases Structural Fund allocations for infrastructure projects undertaken in the context of a Public Private Partnership (PPP) and related contracts with private operators based on public procurement carried out at sub-national level have led to a loss of European Union subsidies previously available to fund infrastructure development; believes that it is vital to remove obstacles to and establish clear rules for PPPs if the European Union wants to have any chance of making the necessary investments in infrastructure and quality services; calls on the Commission to ensure that public procurement and Structural Fund implementation rules set a clear framework for PPPs in order to create legal certainty for all stakeholders and reduce the pressure on public budgets, in the context of the principle of co-financing and in the aftermath of the global economic crisis;
Amendment 14 #
2009/2175(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 15 #
2009/2175(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recognises the right of local and regional authorities to decide democratically on the best means of delivering public services, including decisions to use companies they own or control without any private partner being involved; believes that even without compulsory tendering inter-communal or other forms of public-public cooperation for service delivery should be accepted as a legitimate way of delivering in-house services and that sub-national actors should be able to assign tasks relating to public service provision to companies they own or control, provided that those companies do not compete on external markets; proposes that the Commission should assess whether there is any remaining legal uncertainty regarding the concepts of ‘public authority’ and ‘in- house services’ in the light of various judgments1 of the Court of Justice and, if necessary, take steps to clarify them so that the principle of subsidiarity is observed;.
Amendment 18 #
Amendment 18 #
2009/2175(INI)
Draft opinion
Paragraph 5a (new)
Paragraph 5a (new)
5a. Points out that the Commission’s initiatives concerning public procurement need to be better coordinated in order to avoid jeopardising coherence with European directives on public procurement and causing legal problems for operators; calls in this regard for better coordination within the European Commission, including a single website with clear structures to promote legislative transparency in this field;
Amendment 19 #
2009/2175(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Deplores the fact that the aims of the 2004 revision of the public procurement directives have not yet been achieved particularly with regard to the simplification of the procurement rules as well as the creation of more legal certainty; expresses the hope, however, that the most recent judgments handed down by the CJEU will help to resolve the outstanding legal issues and that the number of appeal procedures will fall;
Amendment 21 #
2009/2175(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to clarify the corresponding public procurement rules and revise the legal framework in order not to jeopardise the powers and right of local authorities to decide how they want to develop theirdraw up, in close cooperation with the European Parliament, the Council and regional and local government, the corresponding public procurement rules with sufficient clarity to enable contracting authorities clearly to identify which public works contracts and concessions are subject to award and thus distinguish between these and urban development projects for which therritorye is no obligation to award contracts.
Amendment 22 #
2009/2175(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the difficulty in distinguishing public works contracts from public authorities’ town planning activities and endorses the concerns voiced by many local authorities in response to the interpretation of the rulings1 of the Court of Justice in the field of urban development; firmly believes that the operationally and legally strict application of public procurement rules might hinder urban development; calls on the Commission to clarify the corresponding public procurement rules and revise the legal framework in order not toso that land agreements can be facilitated between the public and private sector without the unnecessary requirement of having to award a tender and without jeopardiseing the powers and right of local authorities to decide how they want to develop their territory; awaits with great interest the decision of the Court of Justice in Case C-451/08; endorses the view of the Advocate-General of the Court of Justice delivered on 17 November 2009 in Case C-451/08: 'These broad and ambitious aims must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely.' (paragraph 35); otherwise there is the risk 'that all town planning activities are subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question'.
Amendment 23 #
2009/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional law has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings,public bodies, private undertakings and providers of services of general interest serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals and assess them in the light of the principles of subsidiarity and proportionality;
Amendment 25 #
2009/2175(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores, further, the fact that, in particular as a result of the interaction between European, national and regional law, as well as the plethora of soft law proposals put forward by the Commission and Commission departments and of the interpretation of the relevant legal provisions by European courts, the interaction between European, national and regional lawand National courts, has given rise to a complicated and confusing set of rules which is creating, in particular for smaller local authorities and for small and medium-sized undertakings, serious legal problems which they can no longer overcome without incurring substantial administrative costs or seeking external legal advice; urges the Commission to remedy this situation and, as part of the Better Lawmaking initiative, to examine the impact of soft law proposals, to restrict them to the essential and assess them in the light of the principles of subsidiarity and proportionality;
Amendment 28 #
2009/2175(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that as a result of this development, the public procurer often has to prioritize legal certainty above policy needs, and given the pressure on public budgets, frequently has to award the contract or service to the cheapest offer, rather than to the most economically advantageous tender. Is afraid that this will weaken the EU’s innovative base and global competitiveness; Urges the Commission to remedy this situation and to develop strategic measures to encourage, empowering public procurers to give contracts to the most economical and best quality offers;
Amendment 29 #
2009/2175(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises that European initiatives in the area of public procurement must be coordinated more effectively in order not to jeopardise consistency with the public procurement directives and create legal problems for those applying the rules; calls, therefore, for compulsory coordination measures within the Commission, includingunder the lead of the Directorate-General Internal Market and Services which is in charge of public procurement, and under participation of the further relevant Directorates- Generals; asks for a uniform Internet presence, with a view to making the relevant legal provisions more transparent and more user friendly;
Amendment 33 #
2009/2175(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Criticises the lack of transparency regarding the composition and results of the work of the internal Commission advisory committee on public procurement (ACPP) or the role and competencies of the advisory Committee on the Opening up of Public Procurement (CCO) and calls on the Commission to take steps to ensure that both this committee and the planned new advisory committee on public-private partnerships have a balanced composition and work in a transparent manner; demands that the European Parliaments is properly informed and is provided with all the information available;
Amendment 37 #
2009/2175(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Takes the view that as public contracts concern public funds, they should be transparent and open for public scrutiny; asks the Commission for clarification to ensure that local and other public authorities have legal certainty and can inform their citizens of their contractual obligations;
Amendment 38 #
2009/2175(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, when reviewing the public procurement directives, to take account of the opinions expressed in this report; expects that review to be carried out with the full involvement of all stakeholders, but warns that it regards a revision of the directives at this juncture as premature; when such a revision is carried out at a later date, however, advocates that it shoul and in close cooperation with the European Parliament; advocates that a revision should take into account the whole framework and also encompass the directive on review procedures concerning public contracts, in order to prevent any further fragmentation of public procurement law; takes the view that the practical impact of that directive cannot yet be assessed, as it has not been transposed in all the Member States;
Amendment 46 #
Amendment 48 #
2009/2175(INI)
Motion for a resolution
Paragraph 6 – indent 1
Paragraph 6 – indent 1
- the purpose of the partnership is the joint provision of a public-service task conferred on all local authorities,
Amendment 57 #
2009/2175(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Points out that the Commission has clarified that not every action taken by public authorities is subject to procurement law. As long as European law provisions do not require the creation of market in a certain area, it remains up to the Member States to decide whether and to what extent they want to perform public functions themselves;
Amendment 58 #
2009/2175(INI)
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Points out that the conclusions of the CJEU in that judgment not only apply directly to cooperation between local authorities but are generally valid, with the result that they can be applied to cooperation between other public contracting authorities;
Amendment 66 #
Amendment 77 #
Amendment 78 #
2009/2175(INI)
Motion for a resolution
Paragraph 10 – indent 1
Paragraph 10 – indent 1
- the private participant must be selected by means of a public procedure,transparent procedure, with publication in advance of the contract following a review of the financial, technical, operational and administrative requirements and the characteristics of the tender in the light of the particular service to be provided;
Amendment 81 #
2009/2175(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Emphasizes however that the recent financial crises has shed new light on the ways public-private partnerships are often financed and the financial risks are shared; asks the Commission to properly evaluate the financial risks involved with the creation of PPPs;
Amendment 82 #
Amendment 83 #
2009/2175(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Looks forward with great interest to the CJEU judgment in Case C-451/08 and hopes that it will clarify the issues still under dispute in the area of town planning; endorses the opinion delivered by the Advocate-General of the CJEU in this case on 17 November 2009 to the effecttakes the view that ‘the broad and ambitious aims of the directive must be borne in mind when interpreting the Directive but it should not be assumed that, by appealing to the purpose of the measure, its scope can be extended indefinitely’ (point 35); otherwise there would be a danger that ‘all town planning activities would be subject to the Directive since, by definition, provisions on the possible execution of building works substantially alter the value of the land in question’ (point 36);
Amendment 85 #
Amendment 86 #
2009/2175(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out that the European Parliament it is a party to the action Germany v Commission brought before the CJEU against the Commission interpretative communication of 1 August 2006 on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives and expects a prompt ruling;
Amendment 87 #
2009/2175(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Micro, small and medium-sized enterprises 12a. Asks the Commission to evaluate the impact of the public procurement directives on micro, small and medium- sized enterprises especially in their role as sub-contractor and to assess for a future review of the directives if we need further rules for the award of sub-contracts to avoid specifically that SMEs as subcontractors get worse conditions than the main contractor of the public contract;
Amendment 93 #
Amendment 94 #
2009/2175(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the great importance of public procurement for climate and environmental protection, energy efficiency, the environment and innovation and reiterates that public authorities should be encouraged and put in a position to base public procurement on ecological, social and other criteria; welcomes the practical assistance given to public authorities and other public bodies in connection with sustainable procurement and urges the Commission and the Member States to organise training courses and campaigns to raise awareness of this issue; supports the idea of a transparent process, involving the Member States, to develop the relevant criteria further; points out that in the area of social criteria in particular such a process offers good prospects for improvements;
Amendment 106 #
2009/2175(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; to facilitate their use in public procurement; expects the Member States to be fully involved in this process; This bottom-up process should take into account the valuable experience and knowledge that often exists at local, regional and national level; draws attention, at the same time, to the negative impact which a market fragmented by the existence of so many regional, national, European and international labels has on innovation and research;
Amendment 109 #
2009/2175(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the development of a database so that the criteria on which the various labels are based can be used for public procurement purposes; calls on the Commission to put forward initiatives at European and international level with a view to the gradual harmonisation of labels and the criteria on which they are based; expects the Member States and all stakeholders to be fully involved in this process; furthermore draws attention, at the same time, to the negative impact which a market fragmented by the existence of so manynumerous varying regional, national, European and international labels has on innovation and research;
Amendment 111 #
Amendment 112 #
2009/2175(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Draws attention to the great importance of public procurement for the achievement of EU social objectives and the advancement of sustainable development; Emphasises the lack of clarity in the area of socially responsible public procurement and calls on the Commission to provide constructive assistance in the form of manuals; in that connection, draws attention to the changes in the legal framework brought about by the Lisbon Reform Treaty and the Charter of Fundamental Rights and looks to the Commission to implement the relevant provisions in an appropriate manner; emphasises the underlying problem that when social criteria relate to the manufacturing process, so that their impact is generally indiscernible in the final product, and that globalised production systems and complex supply chains make compliance with the criteria difficult to monitor; expects, therefore, precise, verifiable criteria and a database containing product- specific criteria to be developed for the area of socially responsible public procurement as well; draws attention to the problems contracting authorities have, and the costs they incur, in verifying compliance with criteria demanded and calls on the Commission to offer suitable assistance and to promoteto sustainability assurance schemes and to support instruments which can be used to certify the reliability of supply chains;
Amendment 121 #
2009/2175(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Practical Help: Database and training courses Calls for the development of a frequently updated database so that the criteria on which the various labels or sustainability assurance schemes are based can be used for public procurement purposes and so that public authorities can verify the compliance with the criteria demanded; Urges the Commission and the Member States to organise training courses and campaigns to raise awareness for local authorities and political decision-maker and to include other stakeholders, in particularly providers of social services;
Amendment 126 #
2009/2175(INI)
Motion for a resolution
Paragraph 15 f (new)
Paragraph 15 f (new)
15f. Calls on the Commission to encourage public authorities to use Fair Trade criteria in their public tenders and purchasing policies on the basis of the Fair Trade definition as recognized by the European Parliament resolution on Fair Trade and Development of 6 June 2006 and the recent European Commission communication of 5 May 2009; reiterates its earlier call to the Commission to promote this by, e.g., producing constructive guidelines for Fair Trade procurement; welcomes the unanimous adoption of the opinion of the Committee of the Regions on 11 February 2010 calling for a common European Fair Trade strategy for local and regional authorities;
Amendment 2 #
2009/2166(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EIB to guarantee privileged financing for projects with a high social and environmental value; calls further on the EIB to improve its due diligence to ensure that its investment lending only supports projects of common interest to several Member States that cannot be entirely financed on reasonable terms by the various other means referred to in Article 309(b) and (c) of the Treaty and Article 18 of its Statute;
Amendment 3 #
2009/2166(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the EIB to increase its lending to energy efficiency and renewable energy projects in convergence regions; calls on the EIB also to play a leading role in the transition to a low- carbon economy and to adopt a plan for the phase-out of fossil fuel lending in line with Parliament's resolution of 29 November 2007 on trade and climate change1, paragraph 29 of which called for "the discontinuation of public support, via export credit agencies and public investment banks, for fossil fuel projects and for the redoubling of efforts to increase the transfer of renewable energy and energy efficient technologies";
Amendment 5 #
2009/2166(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls the recommendations made in its resolution of 25 March 2009 on the 2007 Annual Reports of the EIB and the European Bank for Reconstruction and Development1, in paragraph 8 of which it urged the EIB "better to monitor and to make transparent the nature and final destination of its global loans in support of SMEs”; calls on the EIB to further enhance transparency in its lending through financial intermediaries and to establish clear financing conditions for financial intermediaries and lending effectiveness criteria; calls on the EIB furthermore to report annually on its lending to SMEs, including an evaluation of the accessibility and effectiveness thereof;
Amendment 6 #
2009/2166(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the EIB to harmonise its lending to SMEs with allocations of structural funds in convergence regions and to ensure balanced support between different types of SME;
Amendment 7 #
2009/2166(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls on the EIB to report on the results of its lending under the European Economic Recovery Plan, especially in terms of its effectiveness in reducing greenhouse gas emissions;
Amendment 17 #
2009/0054(COD)
Proposal for a directive
Recital 7
Recital 7
(7) One of the priority actions of the “European Economic Recovery Plan” is the reduction of administrative burdens and the promotion of entrepreneurship by, inter alia, ensuring that public authorities pay, as a matter of principle, invoices, including to SMEs, for supplies and services are paid within one month to ease liquidity constraints.
Amendment 41 #
2009/0054(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Late payment is particularly regrettable if it occurs despite the debtor’s solvency. Surveys show that public authorities often pay invoices very late after expiration of the applicable payment period. Public authorities may face lighter financing constraints because they may benefit from more secure, predictable and continuous revenue streams, regardless of whether the debtor is from the public or thane private undertakings. At the same time, they depend less than private undertakings on the building stable commercial relationships for the achievement of sector. Therefore penalties and otheir aims. Consequently, public authorities can obtain financing at more attractive conditions than private undertakings. Therefore, late payment by public authorities not only leads to unjustified costs for private undertakings, but to inefficiency in general. It is therefore appropriate to introduce correspondingly higher dissuasive compensation in case of late payment by public authoritiemeasures intended to dissuade late payment should as a general rule apply equally to both sectors.
Amendment 61 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 2
Article 2 – point 2
(2) “public authority” means any contracting authority, as defined by Directive 2004/18/EC, and any Union institution mentioned in Article 13 of the Treaty on European Union;
Amendment 71 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 5
Article 2 – point 5
(5) “interest for late payment” means statutory interest or interest negotiated and agreed upon between undertakingthe parties;
Amendment 76 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
6. “statutory interest” means simple interest for late payment at a rate which is the sum of the reference rate, plus at least sevennine percentage points;
Amendment 78 #
2009/0054(COD)
Proposal for a directive
Article 2 – point 9 a (new)
Article 2 – point 9 a (new)
(9a) “checkable invoice” means a clearly drawn up final invoice which keeps to the agreed order of items and uses the descriptions contained in the contract. The quantity calculations, drawings and other supporting documents required to prove the nature and scope of the work performed must be enclosed with the invoice;
Amendment 89 #
2009/0054(COD)
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
(1) Member States shall ensure that in commercial transactions between undertakings, the creditor is entitled to interest for late payment without the necessity of a reminder if the following conditions are satisfied:
Amendment 96 #
2009/0054(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) if the date or period for payment is not fixed in the contract, interest for late payment shall become payable automatically within any of the following time limits (i) 30up to 60 calendar days following the date of receipt by the debtor of thand the due date of the checkable invoice or an equivalent request for payment; (ii) if the debtor receives the checkable invoice or the equivalent request for payment earlier than the goods or the services, 30up to 60 calendar days after the receipt of the goods or services; (iii) if a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the checkable invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 30up to 60 calendar days after thatis latter date.;
Amendment 99 #
2009/0054(COD)
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States may define shorter time limits of between 30 and 60 days.
Amendment 122 #
2009/0054(COD)
Proposal for a directive
Article 4 – paragraphs 1 and 2
Article 4 – paragraphs 1 and 2
1. Member States shall ensure that, when interest for late payment becomes payable in commercial transactions in accordance with Articles 3 and 5 and unless otherwise specified in the contract, the creditor is entitled to obtain from the debtor any of the following amounts: (a) for a debt of less than EUR 1 000, a fixed sum of EUR 40; (b) for a debt of EUR 1 000 or more, but less than EUR 10 000, a fixed sum of EUR 70 (c) for a debt of EUR 10 000 or more, a sum equivalent to 1% of the amount for which interest for late payment becomes payable. 2. Member States shall ensure that the amounts referred to in paragraph 1 shall be payable without the necessity of a reminder and as compensation for the creditor’s own recovery costs fixed sum of EUR 40.
Amendment 140 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that, in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities, the creditor is entitled, without the necessity of a reminder, to interest for late payment equal to statutory interest if the following conditions are satisfied:
Amendment 147 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) if the date or period for payment is not fixed in the contract, interest for late payment shall become payable automatically within any of the following time limits: (i) 30up to 60 calendar days following the due date and the date of receipt by the debtor of the checkable invoice or an equivalent request for payment; (ii) if the debtor receives the checkable invoice or the equivalent request for payment earlier than the goods or the services, 30up to 60 calendar days after the receipt of the goods or services; (iii) if a procedure of acceptance or verification, by which the conformity of the goods or services with the contract is to be ascertained, is provided for by statute or in the contract and if the debtor receives the checkable invoice or the equivalent request for payment earlier or on the date on which such acceptance or verification takes place, 30up to 60 calendar days after that date.
Amendment 154 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that the maximum duration of a procedure of acceptance or verification referred to in paragraph 2(b)(iii) shall not exceed 360 days, unless otherwise specified and duly justified in the tender documents and the contract.
Amendment 168 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall ensure that the period for payment fixed in the contract shall not exceed the time limits provided for in paragraph 2(b), unless it is specifically agreed between the debtor and the creditor and is duly justified in the light of particular circumstances such as an objective need to schedule payment over a longer period.
Amendment 171 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States may define shorter time limits of between 30 and 60 days.
Amendment 176 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 192 #
2009/0054(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the applicable reference rate in commercial transactions leading to the delivery of goods or the provision of services for remuneration to public authorities:
Amendment 25 #
2008/2334(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas the responses to the economic crisis cannot be disconnected from those to be given to face the ecological crisis, and the commodities shortage crisis,
Amendment 36 #
2008/2334(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EU recovery plan must combine stability in the short term with a longer-term restructuring of the financial, taxation and energy systems,
Amendment 39 #
2008/2334(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas the facilities granted by the revised Stability and Growth Pact makes it easier to finance high-quality public investments, such as those ones aiming at the de-coupling of growth from energy consumption, transport and the use of resources, as well as investments needed to meet the Kyoto targets,
Amendment 49 #
2008/2334(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes the view that the European economic recovery plan must take the form of a "New Green Deal", the overriding objective of which must be to tackle a three-pronged 'crunch': the present global financial crisis, climate change and the rapid depletion of oil;
Amendment 56 #
2008/2334(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. stresses that the top priority of the Recovery Plan must be to protect citizens of the Union from the effects of the financial crisis, as they are the most strongly affected whether as workers, as members of households, or as entrepreneurs; reasserts that an encompassing programme to fight climate change is part of the solution to counter an economic recession;
Amendment 61 #
2008/2334(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the Recovery Plan must serve the purpose of delivering a fair and equitable international agreement to succeed the Kyoto Protocol in 2012; such an agreement must, inter alia, give poorer countries the opportunity to escape poverty without fuelling global warming by helping to finance massive investment in climate-change adaptation and renewable energy;
Amendment 81 #
2008/2334(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. restates its endorsement to the flexibility offered by the revised Stability and Growth Pact, as a way to conduct anti-cyclical policies to address the economic recession, considering the impact of the financial crisis on the real economy; however, calls on the Commission to give clear guidance on the interpretation of the flexibility clause of the revised Stability and Growth Pact, namely when addressing short-term investment decisions which are compatible with medium-term budgetary targets and conducive to sustainable growth andthe achievement of long-term Lisbon goals as well as the objectives of the climate-energy package;
Amendment 90 #
2008/2334(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. welcomes the short-term measures adopted to return confidence to the financial system; recalls that those emergency measures are insufficient to tackle the fundamental problems at the source of the crisis, namely excessive risk- taking, leveraging and rewarding short- termism; in the long run, considers especially in this context that closing down tax havens and ensuring strict control of remuneration scheme are of utmost importance in order to restore financial stability;
Amendment 114 #
2008/2334(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. considers that although the European Central Bank (ECB) has a role to playno official supervisory mandate, there is a need to enhance its role as regards monitoring the macro-economic and financial stability in the European Union, while ensuring political accountability;
Amendment 149 #
2008/2334(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. underlines the need to guarantee minimum living standards for all citizens of the Union and calls for adequate emergency measures to be taken; calls for social policies to be adapted to cope with the recession, supporting active labour market policies, living conditions (in particular in the housing market and access to quality public services) and paying special attention to the most vulnerable members of society; urges also the Member States to implement a shift of taxation from labour to environmental degradation as a way to promote employment and more generally to target fiscal stimuli towards social and environmental objectives, such as reduced VAT for labour-intensive services and locally supplied services, energy-saving materials, and energy-efficient appliances and equipment;
Amendment 166 #
2008/2334(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. believes that a strong public investment policy, aiming at creating a "low-carbon economy" is of utmost importance to face the economic recession; considers, however, that the way in which the EU economies have been managed, which is far removed from the constraints of an "ecological budget" (one that focuses on "pollution" and the ability of forests, soils, and seas to absorb "carbon emissions"), cannot be a sustainable response to the effective relaunch of the economy; urges the Member States, therefore, to refrain from a traditional simplistic demand management approach to relaunching the economy, which ignores the limits of ecosystems;
Amendment 167 #
2008/2334(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. deplores the fact that taxation policy is a tool which is hardly used at the EU, in view of the rule of unanimity applied at the Council; takes the view that fiscal stimulus and a common strategic approach to environmental taxation has a major role to play in the economic recovery plan and the achievement of the climate-energy package, considering that green taxation is a flexible policy instrument for addressing industrial competitiveness, providing incentives for technological innovation, addressing climate change (namely by internalising environmental externalities in transport) applying the 'polluter pays' principle or achieving a reduction of pollution at source; in this respect, calls on Member States to undertake reforms in their fiscal regimes for ensuring that certain sectors like agriculture, transport and energy, which impact so heavily on the environment, perform sustainably;
Amendment 168 #
2008/2334(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. calls on the development of recovery instruments and policies both at European Union and at Member State level, capable of boosting demand and confidencerestoring confidence and re-orientating production patterns, private expenses and behaviour across the European Union, in accordance with a common set of priorities within the Lisbon strategy and the climate- change and energy package, such as: investing in education, skills and lifelong learning, energy efficiency and green technologies, broadband networks, urban transport, creative industries and services, health services, and services for children and older people;
Amendment 179 #
2008/2334(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. calls for European Union initiatives in the field of education and training, and access to risk capital, credit and microcredit facilities in order to boost qualitative growth and convergence throughout the European Union;
Amendment 201 #
2008/2334(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. considers that involvement of the European Investment Bank (EIB) is crucial and that a large share of lending referred to in the Recovery Plan is within its competence; welcomes the Member States' agreement on a capital increase for the EIB; recallsinsists that the Lisbon-Göteborg Strategy remain the guideline for the selection of priorities regarding the distribution of EIB funding for a knowledge-based and climate-friendly competitive economy; recalls, in this respect, that there is a need to develop environmentally friendly funding criteria, in line with the EU's strategic goals of reducing greenhouse gas emissions; recalls also that some of the EIB interventions also require support from the EU budget, but that this is not currently provided for in the Recovery Plan;
Amendment 203 #
2008/2334(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. considers that since banks appear reluctant to finance the real economy, despite the support granted to them by Member States and the ECB, the most straightforward tool at the disposal of the EU recovery plan is the EIB, whether to meet the Kyoto goals, in particular as regards SME activities, or the Millennium goals; considers that those objectives can be achieved both by State Guaranties permitting refinancing by the ECB at a low interest rate, and through subsidies reducing the interest rate to the firms when financing Kyoto-linked investments;
Amendment 214 #
2008/2334(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. recommends a flexible approach to the European budget spending structure, reinforcing its internal social and cohesion dimensions; strongly supports the mobilisation of unspent EU fustresses that the current crisis should not be used as a pretext to delay a much- needed reorientation of spending towards 'green' investments, but should rather be used as an additional incentive to press ahead with such reorientation; reiterates, in this context, the importance of the budgetary review planned for 2009, which should not be limited to a theoretical vision what the budget could look like after 2013, but which should include bold proposals for a shift in programming at the time of the mid-term review of the multi-annual programmes to responds to priorities identified under a cohesion framework; the current crisis, promoting sustainable development and taking into account the challenges posed by climate change;
Amendment 221 #
2008/2334(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. considers that the present crisis must not preclude the European Union's responsibilities as regards promoting international development and combating world poverty; warns that the risk of a fallback to protectionist policies must be avoided; underlines that the worldwide recovery effort could be greatly enhanced by the timely conclusion of the Doha Round of trade negotiaexpresses its deep concern about the effects of the financial crisis on the EU's commitment to meet the objectives of the Millennium Development Goals; urges the Member States and the Commission not to postpone their international obligations related to the fight against climate change and poverty; points out, on the contrary, that their efforts to provide development aid must be substantially increased to tackle the side- effects of the financial crisis on people's living conditions in various international forums and institutions;
Amendment 3 #
2008/2243(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the application of State aid rules to measures taken in relation to financial institutions in the context of the global financial crisis,
Amendment 4 #
2008/2243(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to Written Declaration 0088/2007 on investigating and remedying the abuse of power by large supermarkets operating in the European Union,
Amendment 5 #
2008/2243(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights in this context that Microsoft's fine for flouting European competition law represents the highest amount ever imposed in 50 years of EC competition law for abuse of dominant position; underlines that this is already the third time in four years that the Commission has had to impose fines or penalty payments for non-compliance with a Commission decision; considers in light of this that Microsoft, on the basis of the EU public procurement rules, should currently not be eligible for future public procurement procedures;
Amendment 8 #
2008/2243(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses its concern to avoid the abuse of market power by major corporations, andespecially by big supermarkets which are abusing their buying power to force down prices paid to suppliers (based both within the EU and overseas); calls upon theDG Commisspetition to undertake an analysis of the effects on competition of unequal relationships between food producers and retailersinvestigate the impacts that concentration of the EU supermarket sector is having on small businesses, suppliers, workers and consumers and, in particular, to assess any abuses of buying power which may follow from such concentration; requests the Commission to propose appropriate measures, including regulation, to protect consumers, workers and producers from any abuse of dominant position or negative impacts identified in the course of this investigation;
Amendment 18 #
2008/2243(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that Articles 86 and 87 of the EC Treaty explicitly authorise certain exceptions to the ban on State aid where the proposed aid regime has clearly beneficial effects for the population and does not harm the general activities of the Union; stresses, in particular, that State aid may be used to correct market failures, thereby improving the functioning of the market and enhancing European competitiveness, to reduce differences in living standards between regions in the European Union and pursue policy objectives such as R&D, promotion of SMEs, social cohesion and environmental and cultural protection; considers it essential, therefore , when assessing whether State aid is compatible with the Treaty, to find the right balance between the negative effects of State aid on competition and its positive effects in terms of common interests;
Amendment 21 #
2008/2243(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes a review of the State aid scoreboard but urges the Commission to undertake analyses of the effectiveness of State aid and urges that a revision of the scoreboard identify those Member States that have failed adequately to pursue the recovery of illegal State aid.; underlines in this context that State aid which is not in line with the Lisbon-Göteborg Strategy or which has no other effect but to increase private profits should be targeted and reduced in the future;
Amendment 24 #
2008/2243(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Regrets that, despite two waves of liberalisation directives which too often led to private oligopolies, European energy consumers continue to suffer from disproportionate price increases and an distorted energy market, which was recognised as a result of the Commission's sectoral inquiry as not functioning properly;
Amendment 29 #
2008/2243(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 36 #
2008/2243(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges that the Commission recognise the need to put in place mechanisms which minimise distortions of competition and the potential abuse of the preferential situations of beneficiaries brought about by State guarantees; emphasises in this respect that an appropriate contribution of the private sector is needed, as a counterpart to the introduction of the State guarantee scheme; calls on the Commission to refer back to the European Parliament on the implementation of these principles;
Amendment 40 #
2008/2243(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges that the Commission enforce behavioural constraints on financial institutions in receipt of State aid in order to ensure that such institutions do not engage in aggressive expansion, notably against smaller institutions, against the background of the guarantee to the detriment of competitors; stresses the need to change incentives for large financial institutions with potential systemic risks, taking into account that, if they are 'too big to fail', these institutions are encouraged to maximise the risks they take;
Amendment 16 #
2008/2215(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Commission has launched infringement procedures against ten Member States in order to verify whether national measures limiting the cross-border supply of online gambling services, mainly sports betting, are compatible with Community law, whereas, as the Commission highlighted, these procedures do not touch upon the existence of monopolies or national lotteries as such, nor do they have any implication for the liberalisation of the gambling markets in general,
Amendment 44 #
2008/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that, in accordance with the principle of subsidiarity, Member States have a legitimate interest in monitoring and regulating their gambling markets and the jurisprudence of the European Court of Justice, Member States have the right to regulate and control their gambling markets in accordance with the respective tradition and culture of their country in order to protect consumers against addiction, fraud, money-laundering and fixed games as well as to protect the culturally-built funding structures which finance sports activities and other social causes in the Member States; underlines that online gambling operators shouldmust comply with the legislation of the Member State in which they provide their servicesof the residence of the consumer;
Amendment 47 #
2008/2215(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that gambling services are to be considered as an economic activity of a very special nature because of the social and public order and health care aspects linked to it, where competition will not lead to a better allocation of resources, which is the reason why gambling requires a multi-pillar approach; emphasises that a pure Internal Market approach is not appropriate in this highly sensitive area and requests the Commission to pay particular attention to the views of the European Court of Justice regarding this matter;
Amendment 63 #
2008/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to cooperate closely in order to solve the social and public order problems arising from cross- border online gambling, such as gambling addiction and misuse of personal data or credit cards; stresses the need for a common European position on online gambling with mandatory minimum requirements for protecting consumers and preventing fraud; calls on the EU institutions to cooperate closely with the Member States in the fight against all unauthorised online gambling service offerings;
Amendment 132 #
2008/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
145. Notes that a Code of Conduct may still be a useful supplementary tool for achieving some public (and private) objectives while adjusting toto take account of technological developments, changes in consumer preferences or developments in market structures;
Amendment 133 #
2008/2215(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15.4. Stresses, however, that a Code of Conduct ultimately remains an industry- driven, self- regulatory approach and can therefore only serve as an addition to primary or secondary, not a replacement of legislation;
Amendment 147 #
2008/2215(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
Amendment 5 #
2008/2156(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas concerns about the fairness of income and wealth distribution have grown in the last ten years; and whereas those concerns are an important challenge for the EMU,
Amendment 10 #
2008/2156(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas the rapidly growing demand for scarce energy and other commodities by emerging economies has progressively pushed supply up to capacity limits; and whereas the upward pressure on price has been exacerbated by the fact that commodities are increasingly considered to be financial assets, to the extent that they can be used as a store of value,
Amendment 13 #
2008/2156(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas the turbulence in financial markets has led to tighter credit conditions for households and businesses,
Amendment 14 #
2008/2156(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas the appreciation of the euro exchange rate vis-à-vis other key currencies is a growing concern; and whereas the Treaty entrusts responsibility to the Council for exchange rate policy, in order to address global imbalances,
Amendment 17 #
2008/2156(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. Whereas globalisation compels the euro area to play an effective role in global economic and financial governance,
Amendment 18 #
2008/2156(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the euro has rapidly emerged as the second most important international currency alongside the US dollar and plays an important role as a reference currency for many countries worldwide; but whereas the potential of the euro is insufficiently exploited at a global level as the euro area has neither a properly defined international strategy nor effective international representation,
Amendment 46 #
2008/2156(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that a sustainable and stable macro-economic environment requires improving the quality of public finances including further budgetary consolidation, and developing an intelligent private and public investment policy that delivers forward-looking infrastructure which will open up tomorrow’s markets; and which address major society concerns, such as climate change, in line with the objectives of the climate-energy package;
Amendment 50 #
2008/2156(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Warns against focusing essentially on wage moderation as a way to achieve price stability; recalls, in this context, that increased competition resulting from globalisation has already led to downward pressure on wages, while the imported inflation triggered off by the increase of oil price and other commodities have already caused a loss of consumer purchasing power; reiterates its conviction, once again, that this issue should, in particular, be addressed by a fairer distribution of wealth;
Amendment 58 #
2008/2156(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls its strong commitment to the independence of the ECBAcknowledges the fact that central banking should not be subject to political change over majority cycles; recalls in this respect its strong commitment to the independence of the ECB; stresses that strong accountability for its actions is complementary to the ECB's independence;
Amendment 63 #
2008/2156(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. NTakes the view that the accountability of the actions of the ECB still needs to be improved; notes that the regular reports of the ECB to Parliament, in particular to its Committee on Economic and Monetary Affairs, contribute to the transparency of monetary policy and welcomes the possibility for Members of the European Parliament to put written questions to the ECB on monetary policy, thus improving the accountability of the ECB vis-à-vis the citizens of the Union; supports the demand for a stronger public debate on the future common monetary and currency policies in the euro area as part of the convergence process;
Amendment 71 #
2008/2156(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that although the primary objective of the ECB’s monetary policy is to maintain price stability, andArticle 105 of the EC Treaty also explicitly mandates the ECB to support the general economic policies of the European Union; regrets that the ECB has always considered those two objectives to be substitutable; notes that the ECB aims at inflation rates of below, but close to, 2 % over the medium term; considers that this definition of price stability should be examined in the context of a new age of globalisation characterised by rising energy and food prices; points out that the objective of price stability can be achieved effectively only if the root causes of inflation are properly addressed;
Amendment 102 #
2008/2156(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Takes the view that the EMU policy agenda for the next decade will be marked, inter alia, by the challenges presented by emerging Asian economies; regrets that in spite of the growing global role of the euro, attempts to improve the external representation of the euro area on financial and monetary matters have not made much progress; stresses that the euro area must build an international strategy commensurate with the international status of its currency;
Amendment 103 #
2008/2156(INI)
Motion for a resolution
Paragraph 37 b (new)
Paragraph 37 b (new)
37b. Recalls that the most effective way for the euro area to align its influence with its economic weight is by developing common positions and consolidating its representation, ultimately obtaining a single seat in the relevant international financial institutions and fora; urges the euro area, inter alia, to speak with a single voice on exchange rate policies;
Amendment 6 #
2008/2155(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas EIB's financing strategy should contribute to the general objective of developing and consolidating democracy and the rule of law, the objective of respecting human rights and fundamental freedoms and the observance of international environmental agreements to which the European Community or its Member States are parties,
Amendment 18 #
2008/2155(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the EIB's objective to address among others climate change challenge in its financing operations inside the EU; in order to do so, recalls that there is a need to develop environmentally friendly funding criteria, in line with the EU's strategic goals of reducing greenhouse gas emissions; urges the EIB to stop financing fossil fuel projects like oil and gas pipelines, but instead focus its energy lending exclusively on energy efficiency, renewable energy and research and development investments to those two areas; additionally, calls on the EIB to establish and make public a methodology to assess climate impact of the financed projects as well as the set of appraisal criteria enabling the Bank to refuse projects for their negative impact on climate;
Amendment 21 #
2008/2155(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Believes that the EIB has the potential to be a key player in environmentally transforming European transport, but considers that there is an urgent need to address several elements of its portfolio: halting EIB in the already heavily subsidised aviation sector; requiring an increased proportion of EIB support for rail, urban public transport inter-modal transport and transport management; restricting EIB loans to the road sector and car industry to maintenance or safety improvements and R&D for more efficient, cleaner and safer technologies;
Amendment 22 #
2008/2155(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Notes that the EU asked the EIB to accelerate support for Public and Private Partnership (PPP) projects as a response to the financial crisis; urges the EIB and the EBRD to carry out such projects only where they are affordable and bring real benefits; considers in this respect that improvements in information disclosure, value for money and affordability assessment practices are needed;
Amendment 23 #
2008/2155(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, in its operations in third countries, the EIB implements the policy objectives as set by the Council; notes the need for the EIB to ensure that its actions under the Community Guarantee are consistent with the achievement of the Millennium Goals, fostering sustainable development and enhancing environmental protection;
Amendment 27 #
2008/2155(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that EIB's activities should reflect as well objectives and commitments taken by the EU in the context of the United Nations (such as the Kyoto Protocol); therefore, calls on the EIB to report annually to the European Parliament on the implementation of EU and UN goals in its operations in developing countries;
Amendment 28 #
2008/2155(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Underlines that monitoring mechanisms of the EIB's lending operations to all projects still need to be improved, especially regarding EU environmental and social standards; stresses that individual projects financed by the EIB in third countries should be subject to independent Sustainability Impact Assessments to identify the economic, social and environmental effects of the project; insists that such projects be made available to the public at least 60 days prior to any loan decision by the Bank and that residents in the area concerned receive adequate and timely information so that they have the possibility of playing a full part in the decision making process;
Amendment 29 #
2008/2155(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction the systematic follow-up undertaken by the EIB on Parliament's recommendations in recent years; Welcomes the positive spirit of cooperation between the EIB and the European Parliament; considers however that greater openness and transparency is still needed regarding the way Parliament's recommendations are implemented by the EIB in recent years; and calls on the EIB to provide annual feedback regarding the progress in addressing the recommendations in the annual EP resolutions; more specifically, reiterates its call to the EIB to better monitor and make transparent the nature and final destination of its global loans in support of SMEs, and to phase out fossil fuels investment;
Amendment 32 #
2008/2155(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the development and publication of the EIB sectoral operational policies in energy, transport, water sectors made in 2007 as an important step towards increasing the transparency of the EIB lending operations; highly recommends that the EIB applies requirements of the EC Directive 1367/2006 for timely and adequate public consultations in occasion of further changes in the existing sectoral policies and development of the new ones;
Amendment 34 #
2008/2155(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes the review of the EIB Statement on Environmental and Social Standards and Principles made in 2008, especially the two-rounds-public consultation process; encourages the Bank’s Management and Board to take proper consideration of the stakeholders input to the consultation; calls on the EIB to allocate sufficient resource for the implementation of the new Statement and to produce a report relevant to that matter one year later;
Amendment 37 #
2008/2155(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Welcomes the announced review of the EIB Transparency, Public Disclosure and Complaint mechanisms policies in 2009; encourages the EIB to make further improvements in the involvement of different stakeholders and to better communicate with the EP during this process;
Amendment 53 #
2008/2155(INI)
Motion for a resolution
Paragraph 11 – point e
Paragraph 11 – point e
(e) the two banks come up with aexternal, participative review and global proposal on more consistent cooperation, including a reflection on common standards, particularly on safeguards and public consultations, to the benefit of their shareholders, stakeholders and beneficiary countries is promoted;
Amendment 61 #
2008/2155(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises that the EIB and the EBRD need to work together with other international or regional financial institutions, such as the World Bank, the Asian Development Bank, and the African Development Bank, in order to make greater effects in regions further away from Europe; considers however that the EIB should play a predominant role regarding the promotion of the EU Environmental, Social and Development objectives among Multinational Development Banks;
Amendment 63 #
2008/2155(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the EIB and EBRD to adopt clear guidance for project sponsors to keep records of the public consultations and related outreach activities in order to allow the international creditors to track back retroactively the appropriate character of the consultations;
Amendment 68 #
2008/2155(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the outstanding role given by the Council to the EIB within its recovery plan against the current crisis; insists that the Lisbon-Göteborg Strategy remains the guideline for the selection of priorities regarding the distribution of EIB fundings for a knowledge based and climate-friendly competitive economy;
Amendment 71 #
2008/2155(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Welcomes the EUR 30 billion in increased lending in 2009 and 2010 by the EIB on SMEs, renewable energy and clean transport in response to the financial crisis; considers however that the use of these additional resources must be conditioned with increased transparency and accountability of the Bank and especially in relation to final benefits and beneficiaries of the global loans used for support for SMEs and climate impact of its energy, transport, automotive and other industry investments;
Amendment 86 #
2008/2155(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends the rapid establishment of an inter-institutional group between the Parliament, the Council and the Commission to discuss how to proceed after the judgment so as to guarantee on the one hand that Parliament's position is fully taken into account in a new decision and without endangering the continuity of the external financial operations of the EIB on the other hand; recommends that the EIB take part in those discussions as an observer;
Amendment 95 #
2008/2155(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Could imagine in the light of the above, 2009 being an election year in which, moreover, a new Commission will take office, that a two step solution is found, replacing the annulled decision with a new but content-wise similar fast- track decision, which is clearly limited in time by including a precise end-date, followed by a new full proposal of the Commission in due time for the expiry of the fast track decision, preserving the right of the Parliament to propose and negotiate the incorporation of its amendments of substance.
Amendment 2 #
2008/2154(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the Court of Justice of the European Communities has ruled that individuals and undertakings, with a view to guaranteeing the unrestricted effectiveness of Article 81 of the Treaty, may seek compensation for the damage done to them by a competition violation, 1 Texts Adopted, P6_TA(2007)0152. 2 Case C-295/04 Vincenzo Manfredi v Lloyd Adriatico Assicurazioni SpA, Case C-296/04 Antonio Cannito v Fondiaria Sai SpA, Case C-29704 Nicolò Tricarico v Assitalia SpA and Case C-298/04 Pasqualina Murgolo v Assitalia SpA [2006] ECR I-06619.confirmed in its judgement of 13 July 2006 in joined Cases C 295/04 to 298/042 that "any individual" who has suffered harm caused by an antitrust infringement must be allowed to claim damages before national courts; and whereas this principle also applies to indirect purchasers, i.e. purchasers who had no direct dealings with the infringer, but who nonetheless may have suffered considerable harm because an illegal overcharge was passed on to them through the distribution chain, Or. en
Amendment 5 #
2008/2154(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the study undertaken for the Commission in 2004 on damage actions indicated that damages for breaches of EU competition law had been awarded in very few cases by national courts; and whereas the fact that damage actions for breach of competition law are underdeveloped in Europe makes a strong case for the development of an effective private enforcement system to ensure that business victims of competition breaches are fully compensated for damage suffered,
Amendment 6 #
2008/2154(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the issues addressed in the White Paper concern all categories of victim, all types of breach of Articles 81 and 82 of the EC Treaty and all sectors of the economy,
Amendment 13 #
2008/2154(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the abovementioned White Paper and stresses that victims of competition law infringements must be able to claimwhose primary objective is to improve the legal conditions for victims to exercise their right under the Treaty to damages as a result of a breach of the EC antitrust rules; stresses that all victims of competition law infringements must have access to effective redress mechanisms so that they can be fully compensationed for the damage suffered;
Amendment 16 #
2008/2154(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the Commission has not so far stated what legal base ist will be invoking for its proposed measures, and doubts that the Treaty offers a basis for the planned interventions into national damages and procedural law;
Amendment 21 #
2008/2154(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that individual consumers but also small businesses, especially those who have suffered scattered and relatively low-value damage, are often deterred from bringing individual actions for damages by the costs, delays, uncertainties, risks and burdens involved; stresses in this context that collective redress, which allows aggregation of the individual claims of victims of antitrust infringements and enhances their ability to obtain access to justice, is an important tool for deterring breaches of the antitrust rules; welcomes in this respect the Commission’s proposals on mechanisms to be set up to improve collective redress while avoiding excessive litigation;
Amendment 24 #
2008/2154(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Points out that at the end of 2008 the Commission’s DG ‘Health and Consumers’ will be publishing the results of two studies on collective law enforcement instruments in the Member States and possible barriers to the single market resulting from the differing legislation in the Member States; points out also that the Commission has announced a Communication for late 2008 on the Community’s possible options for action; stresses that measures at European level must not lead to any fragmentation of procedural law, and asks that we wait for the results of the studies and for the Communication before considering whether, and to what extent, a horizrbitrary and unnecessary fragmentation of nationtal approach should be chosen to facilitate the prosecution of damage compensation claims; calls on the Commission in consequence to undertake an examination of the legal base and the need for a horizontal instrument, and to refrain in the meantime from presenting any collective law enforcement mechanisms for private individuals in the area of EC competition lawcedural law, while securing a level playing-field throughout the EU;
Amendment 59 #
2008/2154(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. BelievesShares the views of the Commission that a national court may notshould be bound by a final decision of the national competition authority of another Member State finding a breach of Articles 81 or 82 of the EC Treaty; deems that such a rule would ensure a more consistent application of Articles 81 and 82 by different national bodies and significantly increase the effectiveness and procedural efficiency of actions for antitrust damages;
Amendment 6 #
2008/2148(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas there is a growing number of pan-European banks, whose activities span several countries; whereas financial stability arrangements, notably banking supervision, remain meanwhile nationally anchored,
Amendment 8 #
2008/2148(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas financial supervision has not kept pace with market integration; whereas the interlocking of many national authorities has created complexity and blurred the lines of responsibility for supervision and crisis management,
Amendment 9 #
2008/2148(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in case of an unfolding financial crisis, no national authority acting as ultimate supervisor of a pan- European bank would have the full means to respond to it, since it would always need to rely on full cooperation from its fellow supervisors, working in different legal settings,
Amendment 10 #
2008/2148(INI)
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas statutes, competences, enforcement and sanctioning powers of supervisors continue to differ importantly; and whereas prudential fragmentation imposes costs on the financial system,
Amendment 11 #
2008/2148(INI)
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas existing tools of the Member States are no longer adequate to contain the impact of financial crisis in ways that minimize collective costs and avoid moral hazard,
Amendment 32 #
2008/2148(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas a European view of risk exposures, a European prudential oversight body, and a European structure to allow for rapid exchange of information and a clear assignment of supervisory responsibilities are still lacking,
Amendment 33 #
2008/2148(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas banking supervision is ensured through a complex set of tools involving the Committee of European Banking Supervisors (CEBS), bilateral and multilateral "memorandums of understanding" (MoU); whereas these kinds of tools are not sufficient to respond quickly and effectively to a financial crisis, considering that CEBS is an advisory body, with no decision-making powers, that MoUs are non-binding, and that the ECB has no official supervisory mandate,
Amendment 55 #
2008/2148(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas the need to strengthen the interaction between micro-supervision and macro-prudential oversight makes it a strong case for enhancing the role of the ECB in supervision, while ensuring political accountability,
Amendment 3 #
2008/2107(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas financial stability and supervision in the world in general and in the European Union in particular is becoming increasingly complex and difficult to achieve, one reason being that financial institutions are becoming increasingly international, having affiliates in many different countries under different regulators and supervisors, another being that financial institutions are increasingly becoming financial conglomerates which engage in banking, insurance and capital markets acting on a multinational or even global basis,
Amendment 4 #
2008/2107(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the present structure and systems of supervision in the European Union, on the basis of which it is increasingly difficulty to meet those new challenges, make a strong case for enhancing the supervisory role of the European Central Bank, while ensuring political accountability, given the lack of a single EU supervisor, its responsibility for financial stability in general and its function of lender of last resort in particular,
Amendment 9 #
2008/2107(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. ERecalls that the EC Treaty explicitly distinguishes between the European Central Bank’s goals of price stability on the one hand and support for general economic policies on the other and that, therefore, those two goals cannot simply be treated as substitutable, emphasises the importance of the independence of the ECB in its fulfilment of this double mandate, and welcomes the fact that by means of the Treaty on Lisbon, the ECB will become an EU institution with legal personality and a clearly established independent political and financial status;
Amendment 12 #
2008/2107(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that effective regulation and strong financial supervision are needed as the function of lender of last resort of the ECB can lead to moral hazard;
Amendment 13 #
2008/2107(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recognises the excellent work of the ECB in managing the financial turmoil triggered by the US sub-prime mortgage crises, in particularat the operation launched by the ECB on 9 August 2007, which provided liquidity in the amount of EUR 95 billion to the markets as a fixed-rate tender at 4,00 %, following the same procedure as normal ECB market operations was necessary to manage the financial turmoil triggered by the US sub- prime mortgage crisis; notes that the operation, together with fine-tuning operations and the following abundant weekly refinancing operations, succeeded in stabilising the very short-term interest rates; considers this, once again, to show the value of a common monetary policy as provided for by the ECB, stabilising the economy in periods of instability; takes the view, however, that the issue of "moral hazard" in the management of crises, in the context of the current EU framework for regulation and supervision, needs to be addressed thoroughly;
Amendment 14 #
2008/2107(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Shares the views of the ECB that the growing complexity of financial instruments and the opacity of exposures of financial institutions can give rise to increased uncertainty regarding the degree of risk involved, the ultimate bearer of the risk, and the extent of potential losses; agrees that this complexity and opacity may prompt a further propagation of initial shocks and a more generalised contagion; reasserts, in this context, the need to reinforce substantially the EU framework for regulation and supervision in order to preserve financial stability;
Amendment 15 #
2008/2107(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Shares also the concerns of the European Central Bank, expressed on various occasions, about the risks of activities of hedge funds in times of financial tension; agrees that the lack of transparency causes difficulties for the proper analysis of financial stability; stresses, inter alia, the need to improve investors' credit risk assessment on hedge funds as a way to tackle the systemic risk associated with hedge funds, i.e. the risk of overall destabilisation of financial markets stemming from the failure of larger hedge funds or a chain of failures involving several smaller hedge funds;
Amendment 16 #
2008/2107(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Emphasises the need to set up a EU framework for financial supervision, stresses that although the Treaty does not entrust the European Central Bank with any direct responsibility related to the prudential supervision of credit institutions and the stability of the financial system, there is a need to involve closely the ECB in supervision, while ensuring clear conditions of political accountability, given its role of lender of last resort;
Amendment 20 #
2008/2107(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that increased competition resulting from globalisation has led to downward pressure on wages; regrets, however, that the ECB mainly clings to the idea that it is up to the social partners to avoid second-round inflationary effects, by means of wage restraint; underlines that inflation is currently mainly caused by the price increase of assets such as derivatives, housing and commodities; expresses its concerns about the effects of speculation with food commodities on hunger, poverty and purchasing power;
Amendment 21 #
2008/2107(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Considers, therefore, that workers should not be primarily responsible for making efforts to prevent inflation through wage restraint, but that inflation and the loss of purchasing power triggered by the increase of the price of oil price and other commodities should be addressed, in particular, by distributing purchasing power more evenly; urges the European Central Bank to add its voice to those advocating a fairer distribution of wealth in line with its objective of price stability;
Amendment 27 #
2008/2107(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the Treaty entrusts responsibility for exchange rate policy to the Council to address global imbalances; urges, therefore, for better coordination of exchange rate policy between the Eurogroup, the Commission and the European Central Bank;
Amendment 3 #
2008/2099(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that spectrum is a key resource and important for the effective functioning of the internal market; agrees that the digital dividend is a unique opportunity to open up sufficient spectrum for broadcasters to develop and expand their services and to cover at the same time the fast growing demand for wireless communication services, especially in rural areas; underlines that the use of market mechanisms should safeguard the interests of consumers and encourage the take up of innovative products and servicesgreater investment should be made at national and European level to encourage the take up of innovative products and services; underlines that efforts to secure access to broadband services should not be focused on the digital dividend alone;
Amendment 4 #
2008/2099(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the divergence in national regimes for spectrum allocation and exploitation and notes the fact that these differences may represent serious obstacles into the achievement of an effectively functioning single market;
Amendment 8 #
2008/2099(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the importance of technical neutrality to promote innovation and interoperability; calls for a more flexible and transparent policy for the consideration of the public interest which includes homogeneous territorial coverage, pluralism of the media, cultural diversity and protection against interference;
Amendment 9 #
2008/2099(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to support enhanced cooperation measures between spectrum management authorities to consider areas where common spectrum allocation would allow new technologies and services to emerge;
Amendment 10 #
2008/2099(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Agrees to the need for coordination at EU level to ensure that the full potential of the digital dividend is unlocked, but also underlines the need to ensure flexibility to address variances at national lenational regulatory prerogativels, such as local social and market needs; agrees that anywhere common spectrum planning at EU level is necessary, it should remain under the constant review of democratically legitimate institutions so that appropriate adjustments can be made;
Amendment 12 #
2008/2099(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Agrees to the Commission proposal to move towards a commonmore coherent spectrum planning at EU level and to prepare the required measures to reserve and coordinate common bands at EU levela sub-band for cross-border services.
Amendment 4 #
2008/2085(INI)
Draft opinion
Recital B
Recital B
B. Whereas the principle of the free movement of services, as other freedoms of the internal marketwell as objectives of the Union such as the promotion of economic and social progress and the strengthening of economic and social cohesion, are at the core of European integration and therefore those freedoms should not be regarded in any case as limitationsbe in any case compatible with social partners' right to the collective bargaining,
Amendment 13 #
2008/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out, taking into account ECJ rulings, that services providers from other Member States wsho are forced into negotiations onuld fully comply with all posted workers' working conditions other than required by the Directive 96/71/EC may lead to the restriction on the freedom to provide services; therefore collective actions aimed at service providers from other Member States should be undertaken in foreseeable wayrequired in accordance with the Directive 96/71/EC, including its provisions stating that this Directive lays down minimum conditions and shall not prevent application of terms and conditions of employment which are more favourable to workers;
Amendment 26 #
2008/2085(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that uniform application and enforcement of its provisions are sufficient toshould secure the attainment of its objectives and respect for collective bargaining arrangements existing in the Member States to which workers are posted;
Amendment 30 #
2008/2085(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and Member States to remedy shortcomings in the implementation, application and enforcement of the Directive 96/71/EC; urges the CommissionMember States to take appropriate actions against Member Stateservices providers that do not apcomply with Community law in this area as interpreted by the European Court of Justice;
Amendment 35 #
2008/2085(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission to provide more guidance to Member Stateservices providers on the posting of workers in the framework of the provision of services, taking into account European Court of Justice rulingall the laws, regulations and collective agreements at regional, national and community level which are in forder to avoid further discrepancies regarding its interpretationce in the areas of employment conditions and of the environment, in particular the special conditions laid down by contracting authorities to protect employment, working conditions and the environment in accordance with the Directive 2004/18/EC on Public Procurement.
Amendment 6 #
2008/2056(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the implementation of Internal Market directives is crucial for the achievement of the Lisbon and Göteborg Sustainable Development Agenda ;,
Amendment 24 #
2008/2056(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers the achievement of the Lisbon Agenda for growth and empand Göteborg Sustainable Develoypment Agenda to be a political priority and emphasises in particular the importance of implementing those directives which are necessary for its achievement; calls on the Council to give Internal Market issues a leading role within the revised strategy post-2010;
Amendment 12 #
2008/2047(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ba. whereas women's participation in the labour market is still largely characterised by a high and increasing share of part- time work up to 74.9 % in the Netherlands and 31.4% in the EU-27 in 2007 compared to only 7.8% for men,
Amendment 17 #
2008/2047(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas there is a risk of 'enforced' part-time work, particularly for women, a choice often forced on them by a lack of affordable childcare facilities,
Amendment 32 #
2008/2047(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission and Council to create a clear legal basis for combating all forms of violence against women, including trafficking, and to take a decision on the full communitarisation of a European policy to combat trafficking in human beings and on the related topics of immigration and asylum, and specifically on a right to asylum on the ground of gender-based repression and persecution;
Amendment 40 #
2008/2047(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Is concerned about women's disadvantaged labour market which implies that they accumulate fewer individual rights to pensions and other social welfare payments especially in systems where entitlement is closely based on an individual's record of employment contributions or earnings;
Amendment 2 #
2008/2033(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to the recommendations of the Council of 14 May 2008 on tax issues related to agreements to be concluded by the Community and its Member States with third countries,
Amendment 6 #
2008/2033(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas VAT evasion and fraud have an impact on the financing of the budget of the European Union, as they result in an increased need to call on Member States’ own resources based on gross national income,
Amendment 7 #
2008/2033(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas globalisation has led to increasing difficulties in combating fiscal fraud at an international level, given the increased involvement of companies established in third countries in carousel fraud, the expansion of electronic commerce and the globalisation of services markets; whereas those factors militate strongly in favour of improving international cooperation, in particular as regards on VAT,
Amendment 8 #
2008/2033(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the extent of tax fraud in the European Union is due to the current transitional system of VAT, which is too complex, making intra-Community transactions difficult to track, more opaque and thus more open to abuse,
Amendment 13 #
2008/2033(INI)
Motion for a resolution
Paragraph 1 a (new) (before the subheading ‘General issues: extent of fiscal fraud and its consequences’)
Paragraph 1 a (new) (before the subheading ‘General issues: extent of fiscal fraud and its consequences’)
1a. Recalls that the establishment of a VAT system based on the ‘origin principle’, which implies that transactions between Member States liable to VAT would bear the tax charged in the country of origin instead of being zero-rated, remains a long-term solution by which to combat tax fraud effectively; notes that the ‘origin principle’ would, avoid exempting goods traded in the internal market from VAT and subsequently taxing them in the country of destination; recalls that in order to be operational, a VAT system based on the ‘origin principle’ requires tax approximation between countries to avoid tax competition, as well as the establishment of a clearing system, as originally proposed by the Commission in 1987;
Amendment 27 #
2008/2033(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Insists that in order to protect fiscal revenue of all the Member States in an within the confines of the internal market, Member States should take comparable measures against fraudsters, in particular in terms of sanctions and criminal proceedings, regardless of where losses of revenue take place; calls on the Commission to propose possible mechanisms to promote such cooperation between Member States;
Amendment 29 #
2008/2033(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Recalls that tax havens represent a barrier to the implementation of the Lisbon Strategy, as they put downward pressure on tax rates and, in general, on tax revenues, thereby exacerbating the effects of tax competition, which erodes the fiscal sovereignty of Member States;
Amendment 30 #
2008/2033(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Stresses also that in times of budgetary discipline any erosion of the fiscal base provoked by tax havens or unrestrained tax competition will jeopardise Member States’ ability to comply with the reformed Stability and Growth Pact, and that a decrease in public revenue jeopardises the European Social Model;
Amendment 31 #
2008/2033(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20c. Stresses that removing tax havens requires, inter alia, a three-pronged strategy: tackling tax avoidance, widening the scope of the Savings Tax Directive and requesting that the OECD, through its members, sanctions non-cooperative tax havens;
Amendment 33 #
2008/2033(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the Commission’s announcement relating to the reform of the Savings Tax Directive and urges the Council Presidency and Member States to give priority to that reform; stresses the need to enlarge the scope of the Savings Tax Directive, so as to cover all forms of financial assets, as well as to extend its geographical scope, considering that an increasing number of European taxpayers have moved their money to Asia (in particular, to Hong Kong, Singapore and Macao), because of their tight bank secrecy which facilitates tax evasion;
Amendment 38 #
2008/2033(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. IUrges the European Union to make the elimination of tax havens at a worldwide level a priority, considering their detrimental effects on the tax revenue of individual Member States; invites the Council and the Commission to leverage EU trade power when negotiating trade and cooperation agreements with the governments of tax havens, in order to persuade them to eliminate tax provisions and practices that favour tax evasion and fraud; welcomes, as a first step, the recommendations of the Council of 14 May 2008 to include in trade agreements a clause on good governance in tax matters; and asks the Commission immediately to put forward such a clause in the negotiations of trade agreements in the future;
Amendment 7 #
2008/2006(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the EU targets regarding renewable energy should be integrated into the European Charter on the Rights of Energy Consumers in order to allow consumers to choose energy sources that are coherent with these targets,
Amendment 45 #
2008/2006(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that priority should be given to renewable energy sources, combined heat and power and other embedded generation, and that the right of consumers to make an informed choice in favour of renewable energies should be recognised in the Charter; Considers therefore that all consumers should be informed in an objective, transparent and non-discriminatory way about the sources of energy available to them;
Amendment 47 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 3 – point a
Article 3 – point a
(a) "disabled person" or "person with reduced mobility" means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or reduced mobility, including illness and pregnancy or as a result of elderly age, and extending furthermore to young children and to accompanying persons, and whose situation needs appropriate attention and adaptation to his particular needs of the services made available to all passengers;
Amendment 73 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Carriers shall establish, with the active involvement of representatives of organisations of disabled persons and persons with reduced mobility and enforcement bodies referred to in Article 26, non-discriminatory access rules that apply to the carriage of disabled persons and persons with reduced mobility and accompanying persons, as well as any restrictions on their carriage or on that of mobility equipment due to the structure of passenger ships, in order to meet applicable safety requirements. These rules shall contain all access conditions of the maritime service in question, including accessibility of the ships operated and their facilities on board, and of the fitted assistive equipment.
Amendment 76 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Carriers, their ticket vendors or tour operators shall ensure that all relevant information concerning the conditions of carriage, journey information and information on accessibility of services is available in appropriate and accessible formats for disabled persons and persons with reduced mobility extending to persons incapable of travelling without assistance because of their elderly or young age and accompanying persons, including online booking and information.
Amendment 136 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 22
Article 22
Carriers shall cooperate in order to adopt arrangements at national or European level with the involvement of stakeholders, professional associations and associations of customers, passengers and disabled persons. These measures should be aimed at improving care for passengers, especially in the event of long delays and interruption or cancellation of travel prioritising care for those passengers with special needs owing to disability, reduced mobility, illness, elderly age, pregnancy as well as young children and accompanying passengers. In the event of long delays and interruption or cancellation of travel, care should focus on providing passengers with nursing assistance and food and drink as necessary, regular information updates, and, where appropriate, alternative travel arrangements and accommodation.
Amendment 139 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
Amendment 140 #
2008/0246(COD)
Proposal for a regulation – amending act
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
(d) aggregated data on complaints, including on their outcome and resolution timescales;
Amendment 11 #
2008/0227(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Technical progress and innovation with regard to measuring instruments covered by the Directives being repealed iswill be ensured in practice either by the voluntary application of the international and European standards which have been developed or by the application of national provisions implementing such new specifications or in line with the principles of better law-making, by including additional provisions in Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments1. Furthermore, the free circulation within the internal market of all products concerned by them is ensured by the satisfactory application of Articles 28 to 30 of the EC Treaty and of the mutual recognition principle. 1 OJ L 135, 30.4.2004, p. 1.
Amendment 16 #
2008/0227(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall adopt and publish, by {31 December 2009} at the latest0 April 2014}, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. They shall apply those provisions from {1 JanuarMay 20104}.
Amendment 7 #
2008/0215(CNS)
Proposal for a directive – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) In accordance with the ECOFIN Council conclusions of May 1999 and November 2000, the original choice to exclude all innovative financial products from the scope of the Directive was accompanied by an express statement that this issue should be re-examined on the occasion of the first review of the Directive, with the aim to find a definition covering all securities that are equivalent to debt claims so as to ensure the effectiveness of the Directive in a changing environment and to preventing market distortions. It is therefore appropriate to include all innovative financial products within the scope of the Directive. Accordingly the definition of interest payment should cover any revenue arising from the investment of capital where the return is fixed ex ante and the substance of the return arising from a transaction is similar to any interest income; in order to ensure a consistent interpretation of this provision throughout the Member States, this provision should be complemented with a positive list of the financial products concerned. The Commission should adopt this list in accordance with the regulatory procedure laid down in Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.
Amendment 8 #
2008/0215(CNS)
Proposal for a directive – amending act
Recital 10 a (new)
Recital 10 a (new)
(10a) Recalls that European Community should promote global tax governance, in line with the ECOFIN conclusions of October 2006, in which the Council has officially authorised the Commission to explore the possibility of negotiating specific agreements with Hong Kong, Macao and Singapore on savings tax with a view to concluding an international agreement on the application of applying equivalent measures to those applied by EU Member States under directive 2003/48/EC.
Amendment 31 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/48/EC
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
Amendment 41 #
2008/0215(CNS)
Proposal for a directive – amending act
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Directive 2003/48/EC
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 12 #
2008/0199(COD)
Proposal for a directive – amending act
Recital 2 a (new)
Recital 2 a (new)
(2a) While the Directive 94/19/EC currently allows considerable scope for Member States to develop systems which are best suited to their market conditions, differences between the guarantee levels afforded to depositors across the Member States create difficulties under crisis conditions, inter alia because they cause competitive distortions and destabilising effects as regards the need to ensure a high level of financial stability within the European Union.
Amendment 13 #
2008/0199(COD)
Proposal for a directive – amending act
Recital 2 b (new)
Recital 2 b (new)
(2b) In the event of a cross-border EU banking crisis, full harmonisation at EU level as regards coverage level is required in order to avoid depositors facing different levels of protection. Such harmonisation would also avoid competitive distortions between banks, while maintaining depositor confidence.
Amendment 22 #
2008/0199(COD)
Proposal for a directive – amending act
Recital 6
Recital 6
(6) The possibility of discretionary exclusions of certain categories of depositors set out in Annex I to Directive 94/19/EC has led to a variety of categories of beneficiaries that have to be identified during the payout procedure. This has proven to be difficult for the enforcement of arrangements between home and host country schemes (topping up) and to delay payout and should therefore be discontinued. In addition most of the exclusions currently provided for concern public entities and financial institutions. An increased protection should, however, benefit depositors who as a matter of principle do not dispose of a lot of financial expertise. Therefore protection should be limited to retail depositors, whilst maintaining the option for Member States to extend that protection to other categories of depositors. Protection should not, however, benefit depositors in the event that their deposits were made in a bank branch located in a tax haven.
Amendment 38 #
2008/0199(COD)
Proposal for a directive – amending act
Article 1 – point 3 – subpoint a
Article 1 – point 3 – subpoint a
Directive 94/19/EC
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
By 31 December 2009 at the latest, coverage shall be increased to at least EUR 100 000. In the event of a cross-border EU banking crisis, the coverage level must in any case be fully harmonised at EU level in order to avoid any distortion of competition.
Amendment 40 #
2008/0199(COD)
Proposal for a directive – amending act
Article 1 – point 3 – subpoint a
Article 1 – point 3 – subpoint a
Directive 94/19/EC
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may provide that certain deposits, listed in Annex I, be excluded from the guarantee or be granted a lower level of guarantee provided that the payment to all depositors is carried out within the deadline set out to in Article 10(1). In any event, protection should not benefit depositors if their deposits are situated in a bank branch located in a tax haven.
Amendment 219 #
2008/0196(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) This Directive does not apply to services covered by the proposal for a directive of the European Parliament and of the Council on the application of patients' rights in cross-border healthcare (COM(2008)414 final).
Amendment 264 #
2008/0196(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Gambling activities, including lottery and betting transactions, should be excluded from the scope of this Directive in view of the very specific nature of these activities which entail implementation by the Member States of other and more stringent consumer protection measures not aiming at the completion of the Internal Market.
Amendment 535 #
2008/0196(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. This Directive shall not apply to gambling activities, which involve wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions.
Amendment 146 #
2008/0191(COD)
Proposal for a directive – amending act
Article 1 – point 27
Article 1 – point 27
Directive 2006/48/EC
Article 122a – paragraph 1 – after point b
Article 122a – paragraph 1 – after point b
have issued an explicit commitment to the credit institution to maintain, on an ongoing basis, a material net economic interest and in any event not less than 5 per cent15% in positions having the same risk profile as the one that the credit institution is exposed to.
Amendment 46 #
2008/0160(COD)
Proposal for a regulation
Recital - 1 (new)
Recital - 1 (new)
(-1) In its declaration of 26 September 2006 on banning seal products in the European Union1, the European Parliament requested the Commission to immediately draft a regulation to ban the import, export and sale of all harp and hooded seal products. In its resolution of 12 October 2006 on a Community Action Plan on the Protection and Welfare of Animals 2006-20102, the European Parliament called on the Commission to propose a total import ban on seal products. In its Recommendation 1776 (2006) on seal hunting of 17 November 2006, the Parliamentary Assembly of the Council of Europe recommended to invite the Member States of the Council of Europe practising seal hunting to ban all cruel hunting methods which do not guarantee the instantaneous death, without suffering, of the animals, to prohibit the stunning of animals with instruments such as hakapiks, bludgeons and guns, and to promote initiatives aimed at prohibiting trade in seal products. _________ 1 OJ C 306 E, 15.12.2006, p. 194. 2 OJ C 308 E, 16.12.2006, p. 170.
Amendment 49 #
2008/0160(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The hunting of seals has led to expressions of serious concerns by members of the public, governments as well as the European Parliament sensitive to animal welfare considerations since there are indications that seals may not be killed and skinned without causing avoidable pain, distress and other forms of suffering. The European Food Safety Authority concludis irrefutable evidence that seals killed, in its scientific opinion on the Animal Welfare aspects of the killing and skinning of seals, that it is possible to kill seals rapidly and effectively without causing them avoidablecommercial seal hunts consistently suffer pain or, distress, whilst also reporting that in practice, effective and humane killing does not always happen and other forms of suffering.
Amendment 50 #
2008/0160(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In 2007, the Commission provided a mandate to the European Food Safety Authority to assess the most appropriate or suitable killing methods for seals which reduce unnecessary pain, distress and suffering to the greatest extent possible, but did not request that EFSA evaluate whether the killing in commercial seal hunts is in fact humane or could ever be made humane given the conditions under which the hunting occurs.
Amendment 51 #
2008/0160(COD)
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The European has received thousands of letters, e-mails and petitions expressing EU citizens’ overwhelming public opposition regarding the trade in seal products undertaken in unregulated circumstances which render the killing inherently inhumane.
Amendment 52 #
2008/0160(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In response to the concern about the animal welfare aspects of the killing and skinning of seals, several Member States have adopted or intend to adopt legislation regulating trade in seal products, including Austria, Belgium, France, Germany, Italy, Luxembourg, the Netherlands and Slovenia, as well as, internationally, Croatia, Mexico, Panama, Switzerland and the United States of America, largely on the basis of ethical considerations related to animal welfare, by prohibiting their import, and production, while no restrictions are placed on the trade in these products in other Member States.
Amendment 54 #
2008/0160(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To eliminate the present fragmentation of the internal market and to meet animal welfare concerns of European citizens, and taking into account nature conservation issues, there is a need to provide for harmonised rules while taking into account animal welfarbased on these considerations. A ban on placing seal products on the market is appropriate to that effect.
Amendment 55 #
2008/0160(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The various prohibitions provided for by this Regulation should respond to the animal welfare concerns expressed by members of the public as to the placing on the Community market, including further to imports from third countries, of seal products obtained from seals that might not have been killed and skinned without causing avoidable pain, distress and other forms of suffering.
Amendment 57 #
2008/0160(COD)
Proposal for a regulation
Recital 11
Recital 11
Amendment 62 #
2008/0160(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 67 #
2008/0160(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The fundamental economic and social interests of Inuit communities traditionally engaged in the hunting of seals as a means to ensure their subsistence should not be adversely affected. The hunt is an integrated part of the culture and the identity of the members of the Inuit society. It represents a source of income and contributes to the subsistence of the hunter. Therefore, seal products deriving from hunts traditionally conducted by Inuit communities and which contribute to theifor subsistence purposes should not be covered by the prohibitions provided for in this Regulation.
Amendment 73 #
2008/0160(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 79 #
2008/0160(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In particular, the Commission should be empowered to adopt all measures necessary to ensure that procedures are in place allowing applications for derogation to the trade prohibitions set out in this Regulation to be lodged and handled in an efficient manner, as well as to ensure the proper implementation of the provisions of this Regulation concerning certification schemes and labelling and markingrequirements relating to the proof of origin of Inuit seal products. Since those measures are of a general scope and are designed to amend non- essential elements of this Regulation by supplementing it, inter alia, by supplementing it with new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. The Commission should also be empowered to decide on derogations to trade prohibitions under this Regulation, suspension or revocation thereof. Since those measures are adopted to ensure the management of the scheme provided for in this Regulation and apply it in individual cases, they must be adopted in accordance with the management procedure provided for in Article 4 of Decision 1999/468/EC.
Amendment 83 #
2008/0160(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes harmonised rules concerning the placing on the market and the import in, transit through, or export from, the European Community of seal products, and meets animal welfare concerns whilst taking into account nature conservation issues.
Amendment 85 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. 'seal' means specimens of Pinnipeds belonging to the species listed in Annex Iany species of Pinnipeds (Phocidae, Otariidae, Odobenidae);
Amendment 91 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 7
Article 2 – point 7
Amendment 94 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 7 a (new)
Article 2 – point 7 a (new)
7a.'hunts traditionally conducted' means the non-commercial hunting for seals traditionally undertaken by Inuit communities;
Amendment 95 #
2008/0160(COD)
Proposal for a regulation
Article 2 – point 7 b (new)
Article 2 – point 7 b (new)
7b. 'subsistence purposes' means the customary and traditional uses by Inuit communities of seal products for direct personal or family consumption as food, shelter, fuel, clothing, tools; for the making and selling of handicraft articles out of non-edible by-products of seals taken for personal or family consumption; and for exchange of seals or their parts if the exchange is of a limited and non- commercial nature, or sharing for personal or family consumption.
Amendment 100 #
2008/0160(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Paragraph 1 shall not apply to seal products resulting from hunts traditionally conducted by Inuit communities and which contribute to theifor subsistence purposes.
Amendment 107 #
2008/0160(COD)
Proposal for a regulation
Article 4
Article 4
Amendment 111 #
2008/0160(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 118 #
2008/0160(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 122 #
2008/0160(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 125 #
2008/0160(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 126 #
2008/0160(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 128 #
2008/0160(COD)
Proposal for a regulation
Article 11
Article 11
1. Member States shall send by ...* and thereafter every fivthree years to the Commission a report outlining the actions taken to enforce this Regulation. 2. On the basis of the reports referred to in paragraph 1, the Commission shall report to the European Parliament and the Council on the application of this Regulation within twelve months of the end of the five-yeareach reporting period concerned. ________ * Two years from the entry into force of this Regulation.
Amendment 132 #
2008/0160(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Articles 3 and 4 shall apply from 6 months after the date of entry into force of the Regulation unless the implementing measures referred to in Articles 3(3), 5(5), 6(2) and 7(2) are not in force on that date, in which case they shall apply on the day following the entry into force of those implementing measuresis Regulation.
Amendment 134 #
Amendment 137 #
Amendment 5 #
2008/0143(CNS)
Proposal for a directive – amending act
Recital 3
Recital 3
(3) While this debate is yet to be concluded, tThere is a need to already address some urgent and important issues in order to ensure equal opportunities for Member States as well as more transparency, and consistency and a smooth functioning of the internal market. To avoid prejudging the outcome of the ongoing debate, the action taken should however be limited in scopein the way Member States use reduced VAT rates and to meet the Community's objectives linked to the EU's commitment under the Kyoto Protocol.
Amendment 6 #
2008/0143(CNS)
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) Likewise, it is necessary to include in Annex III to Directive 2006/112/EC the use of energy-saving materials and energy-efficient appliances and equipment in such a way as to meet the EU's energy and environmental objectives linked to the climate change and energy package.
Amendment 12 #
2008/0143(CNS)
Proposal for a directive – amending act
Annex - point 3 a (new)
Annex - point 3 a (new)
Directive 2006/112/EC
Annex III - point 7 a (new)
Annex III - point 7 a (new)
(3a) The following point (7a) is inserted: "(7a) energy-saving materials and energy-efficient appliances and equipment;"
Amendment 22 #
2008/0143(CNS)
Proposal for a directive – amending act
Annex - point 7
Annex - point 7
Directive 2006/112/EC
Annex III - point 18
Annex III - point 18
(18) supply of services provided in connection with street cleaning, purification and recycling of waste water, sewage, refuse collection and waste treatment, or waste recycling and services leading to reuse, other than the supply of such services by bodies referred to in Article 13;"
Amendment 309 #
2008/0142(COD)
Proposal for a directive – amending act
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall specify in advance and in a transparent way the criteria for refusal of the prior authorisation referred to in Article 8(3). These criteria shall be made available to patients at a local or regional level so that patients are fully informed in advance of an application.
Amendment 37 #
2008/0100(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In particular the Commission should be empowered to establish the specific procedures, tests and requirements for the type-approval of motor vehicles, components and separate technical units. In addition, the Commission should be empowered to define more precisely the physical characteristics and performance requirements tyres must fulfil to be defined as “Off-road professional tyre”, “special tyre” or “special use tyre”, “snow tyre” or “mud and snow tyre”, “reinforced tyre” and “extra load tyre”. The Commission should also be empowered to define the precise scope of application of the requirements set out in this Regulation. In addition, the Commission should be empowered to set out additional safety requirements for vehicles intended for the transport of dangerous goods by road within or between Member States. Furthermore, subject to technical and economic feasibility, the Commission should be empowered to extend mandatory installation of Tyre Pressure Monitoring Systems and other advanced safety features to other categories of vehicles than those initially covered. The Commission should also be empowered to establish specific procedures, tests and technical requirements for the type-approval of advanced vehicle systems other than those mentioned in this Regulation and to amend the limit values on rolling resistance and rolling noise for tyres as a result of changes in the test procedures without lowering the existing ambition level with regard to the environment. Since those measures are of a general scope and are designed to amend this Regulation by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 57 #
2008/0100(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation establishes requirements for the type-approval of motor vehicles, their trailers, and of systems, components and separate technical units intended therefor, with regard to their safety. The type-approval requirements with regard to installation of Tyre Pressure Monitoring Systems refer to safety, fuel efficiency and CO2 emissions. This Regulation also establishes requirements for the type-approval of tyres, with regard to their fuel efficiency, CO2 and noise emissions.
Amendment 59 #
2008/0100(COD)
Proposal for a regulation
Article 3 - paragraph 2 - point 6
Article 3 - paragraph 2 - point 6
(6) “Off-road professional tyre” means a tyre intended for mixed use both on- andexclusively for off-road use or for other special duty;
Amendment 80 #
2008/0100(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Vehicles in categories M1 shall be equipped with a Tyre Pressure Monitoring System, capable of warning the driver when any tyre is operating at a dangerously low pressure level, and advising the driver when any tyre is operating at a pressure level significantly below the optimum pressure for good fuel consumption, with a minimum degree of accuracy defined as follows: To enhance safety, the Tyre Pressure Monitoring System shall be able to detect and warn the driver within five minutes when the actual in-service operating tyre pressure of one or more tyres is under-inflated by 0.5Bar (50kPa) or more, as compared to the in-service operating tyre pressure corresponding to the vehicle manufacturer’s recommended cold tyre inflation pressure. To reduce fuel consumption, the Tyre Pressure Monitoring System shall be able to detect and warn the driver within 30 minutes when the actual in-service operating tyre pressure of one or more tyres is under-inflated by 0.3Bar (30kPa) or more, as compared to the in-service operating tyre pressure corresponding to the vehicle manufacturer’s recommended cold tyre inflation pressure.
Amendment 109 #
2008/0100(COD)
Proposal for a regulation
Article 11 - paragraph 5 a (new)
Article 11 - paragraph 5 a (new)
5a. With effect from 29 October 2017 national authorities shall refuse, on grounds relating to tyre rolling noise covered in Articles 8 and 9 and Annex I, part C, paragraph 2, to grant EC type- approval or national type-approval in respect of new types of tyre of the categories specified in those provisions and their implementing measures which do not comply with the relevant provisions of this Regulation.
Amendment 111 #
2008/0100(COD)
Proposal for a regulation
Article 11 - paragraph 5 b (new)
Article 11 - paragraph 5 b (new)
5b. With effect from 29 October 2020 national authorities shall, on grounds relating to tyre rolling noise covered in Articles 8 and 9 and Annex I, part C, paragraph 2, prohibit the sale and entry into service of tyres which do not comply with the relevant provisions of this Regulation.
Amendment 128 #
2008/0100(COD)
Proposal for a regulation
Article 13 - paragraph 1
Article 13 - paragraph 1
1. The measures designed to amend non- essential elements of this Regulation, by supplementing it, relating to the specific procedures, tests and requirements for type-approval relating to the provisions of Articles 5 to 10 and of Annex I shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 40(2) of Directive 2007/46/EC. These measures shall include a more precise definition of the physical characteristics and performance requirements that tyres must fulfil to be defined as “Off road professional tyre.”, “special tyre” or “special use tyre”, “snow tyre” or “mud and snow tyre”, “reinforced tyre” and “extra load tyre”.
Amendment 139 #
2008/0100(COD)
Proposal for a regulation
Annex I - Part B - table 1
Annex I - Part B - table 1
Tyre category Max value C1 12(kg/tonne) 1st (kg/tonne) 1st stage stage C21 10,5 C3 8,02 9 C3 6,5
Amendment 141 #
2008/0100(COD)
Proposal for a regulation
Annex I - Part B - table 2
Annex I - Part B - table 2
Tyre category Max value C1 10,5(kg/tonne) 2nd (kg/tonne) 2nd stage stage C1 9 C2 98 C3 6,5
Amendment 148 #
2008/0100(COD)
Proposal for a regulation
Annex I - Part C - paragraph 1 - subparagraph 1.1 a (new)
Annex I - Part C - paragraph 1 - subparagraph 1.1 a (new)
1.1a Class C1 tyres, with reference to the nominal section width of the tyre that has been tested: Tyre Nominal Limit class section values in (mm) dB(A) C1A ≤ 185 68 C1B > 185 ≤ 69 215 C1C > 215 ≤ 69 245 C1D > 245 ≤ 70 275 C1E > 275 71
Amendment 155 #
2008/0100(COD)
Proposal for a regulation
Annex I - Part C - paragraph 1 - table 1.2
Annex I - Part C - paragraph 1 - table 1.2
Tyre Nominal Limit class section values in C2 Normal 72 C3 Normal 73width dB(A) width dB(A) (mm) (mm) C2 Normal 71 Traction 73 Traction 72 tyres tyres C3 Normal 70 Traction 75 Traction 73 tyres tyres
Amendment 157 #
2008/0100(COD)
Proposal for a regulation
Annex I - Part C - paragraph 1 - subparagraph 1.2 a (new)
Annex I - Part C - paragraph 1 - subparagraph 1.2 a (new)
1.2a Class C2 and C3 tyres, with reference to the category of use of the range of tyres: Tyre Nominal Limit class section values in (mm) dB(A) C2 Normal 68 Traction 70 Tyres C3 Normal 68 Traction 71 Tyres
Amendment 162 #
2008/0100(COD)
Proposal for a regulation
Annex I - Part C - paragraph 1 a (new)
Annex I - Part C - paragraph 1 a (new)
1a. The noise levels determined in accordance with the procedure specified in the implementing measures to this Regulation shall not exceed the limits designated in points 2.1 or 2.2. The tables in points 2.1 and 2.2 represent the measured values corrected for temperature, except in the case of C3 tyres, and instrument tolerance, and are rounded down to the nearest whole value.
Amendment 52 #
2008/0098(COD)
Council position
Recital 15
Recital 15
(15) Threshold levels determined by the Commission pursuant to this Regulation should be generally recognised values for the essential characteristics of the construction product in question with regard to the provisions in Member Statesshould ensure a high level of protection within the meaning of Article 114 TFEU.
Amendment 54 #
2008/0098(COD)
Council position
Recital 24 a (new)
Recital 24 a (new)
(24a) The declaration of performance may be numbered in accordance with the product-type reference number.
Amendment 58 #
2008/0098(COD)
Council position
Recital 36 a (new)
Recital 36 a (new)
(36a) The interpretative definition of ‘non-series process’ for the different construction products covered by this Regulation should be defined by the relevant CEN technical committees.
Amendment 60 #
2008/0098(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To provide the manufacturer and the importer with additional flexibility for the assessment of the performance of the construction product he intends to place on the market, he should be entitled to request a European Technical Assessment also in a case in which the product is covered by a harmonised standardfor a product which is not covered by a harmonised standard or by a specific mandate adopted by the Commission.
Amendment 62 #
2008/0098(COD)
Council position
Recital 46 a (new)
Recital 46 a (new)
(46a) In this respect, the Commission should adopt by (date) a delegated act outlining the conditions for the use of websites to provide the content of the declaration of performance. In the interim the use of websites should continue to be permitted in line with current practice.
Amendment 63 #
2008/0098(COD)
Council position
Recital 49 a (new)
Recital 49 a (new)
(49a) The conservation of materials after demolition into the materials cycle through re-use or recycling is essential to meeting the Union's climate change targets and each Member State should produce an action plan detailing how it will help to promote re-use or recycling in the construction industry.
Amendment 65 #
2008/0098(COD)
Council position
Recital 50 a (new)
Recital 50 a (new)
(50a) Wherever possible, harmonised European rules for the evaluation of the basic requirements in accordance with Annex I should be developed. In addition, the Commission should revise the existing interpretative documents for the basic requirements set out in Parts 1 to 6 of Annex I in accordance with this Regulation. An additional interpretative document should be established to detail the basic requirement set out in Part 7 of Annex I and mandates to CEN should be given on this basis.
Amendment 66 #
2008/0098(COD)
Council position
Recital 50 a (new)
Recital 50 a (new)
(50 a) Wherever possible, uniform European provisions should be laid down for establishing compliance with the basic requirements set out in Annex I.
Amendment 67 #
2008/0098(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down conditions for the placing or making available on the market of construction products by establishing harmonised rules on how to express the performance of construction products in relation to their essential characteristics and on the use of CE marking on those products. Where, for construction products, the essential characteristics with respect to the basic works requirements referred to in Annex I are wholly or partially covered by other Union legislation, this Regulation shall not apply to that construction product in respect of such characteristics from the date of implementation of that other legislation.
Amendment 67 #
2008/0098(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 68 #
2008/0098(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 74 #
2008/0098(COD)
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
1. When a construction product is covered by a harmonised standard or a European Technical AssessAssessment Document has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.
Amendment 76 #
2008/0098(COD)
Council position
Article 4 – paragraph 2
Article 4 – paragraph 2
2. When a construction product is covered by a harmonised standard or a European Technical AssessAssessment Document has been issued for it, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, shall be provided only if included and specified in the declaration of performance.
Amendment 79 #
2008/0098(COD)
Proposal for a regulation
Article 1
Article 1
This Regulation lays down rules on how to express the performance of construction productsconditions for the placing on the market of construction products and rules on how to express their performance in relation to their essential characteristics and on the use of CE marking on those products.
Amendment 81 #
2008/0098(COD)
Council position
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
By way of derogation from Article 4(1) and in the absence of Union or national provisions requiring the declaration of essential characteristics where a manufacturer intends to place a product on the marketthe products will be used, a manufacturer may refrain from drawing up a declaration of performance when placing a construction product covered by a harmonised standard on the market where:
Amendment 88 #
2008/0098(COD)
Council position
Article 5 –point c
Article 5 –point c
(c) the construction product is manufactured in a traditional mannermanner appropriate to heritage conservation and in a non- industrial process for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit, in compliance with the applicable national rules.
Amendment 91 #
2008/0098(COD)
Council position
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the reference number, the title and date of issue of the harmonised standard or the European Technical Assessment which has been used for the assessment of each essential characteristic;
Amendment 96 #
2008/0098(COD)
Council position
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) the performance of at least one of thell essential characteristics of the construction product, relevant for the declared intended use or uses;
Amendment 98 #
2008/0098(COD)
Council position
Article 6 – paragraph 3 – point d
Article 6 – paragraph 3 – point d
(d) where applicable, the performance of the construction product, by levels or classes, or in a description or based on a calculation, in relation to its essential characteristics determined in accordance with Article 3(3);
Amendment 101 #
2008/0098(COD)
Council position
Article 6 – paragraph 3 – point e
Article 6 – paragraph 3 – point e
(e) where applicable, the performance of the construction product, by levels or classes, or in a description, or based on a calculation, in relation to all essential characteristics for which there are provisions related to the declared intended use or uses where the manufacturer intends to place the construction product on the market;
Amendment 104 #
2008/0098(COD)
Council position
Article 6 – paragraph 3 – point f
Article 6 – paragraph 3 – point f
(f) for the listed essential characteristics for which no performance is declared, the letters "NPD" (No Performance Determined), if this is provided for in the harmonised technical specification;
Amendment 106 #
2008/0098(COD)
Council position
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
1. A copy of tThe declaration of performance shall be supplied with each product which is made available on the markemust be available at all times in electronic form for each product which is made available on the market. The manufacturer shall supply the declaration of performance in hard copy only if the recipient requests it.
Amendment 108 #
2008/0098(COD)
Council position
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Amendment 109 #
2008/0098(COD)
Council position
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 110 #
2008/0098(COD)
Proposal for a regulation
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
20a. "Innovative product" means a construction product for which a European harmonized standard does not exist and which can be placed on the market using a European Technical Assessment.
Amendment 112 #
2008/0098(COD)
Proposal for a regulation
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
20a. "level" means a minimum performance value of a product. A level can be of a technical or regulatory nature, and may be applicable to a single characteristic or comprise a set of characteristics.
Amendment 113 #
2008/0098(COD)
Proposal for a regulation
Article 2 – point 20 a (new)
Article 2 – point 20 a (new)
20a. "class" means a range for the performance of a product delimited by a minimum and a maximum performance value. A class can be of a technical or regulatory nature and may be applicable to a single characteristic or comprise a set of characteristics.
Amendment 124 #
2008/0098(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1 – point b a (new)
Article 4 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) one essential characteristic allows evaluation of safety as well as possible health hazards throughout the entire lifecycle.
Amendment 135 #
2008/0098(COD)
Proposal for a regulation
Article 5 - paragraph 2 - point b
Article 5 - paragraph 2 - point b
(b) the list of the essential characteristics of the construction product for which the performance is declared, and the individual values, levels or classes of that performance; for each essential characteristic of a product, the manufacturers shall declare a value or class of performance or pass/fail criteria; ‘No performance determined’ (NPD) may be declared if there is no requirement for that characteristic in the Member State where the product is being placed on the market;
Amendment 139 #
2008/0098(COD)
Council position
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. The validity period of a European Technical Assessment is limited to five years. After that period, the manufacturer may apply to the organisation of TABs in accordance with Article 31(1) for the prolongation of the European Technical Assessment. The organisation of TABs shall evaluate the conformity of the European Technical Assessment with the European Assessment Document.
Amendment 141 #
2008/0098(COD)
Council position
Article 31 – paragraph 4 – subparagraph 1 – point f a (new)
Article 31 – paragraph 4 – subparagraph 1 – point f a (new)
(fa) use working groups representing all stakeholders to fulfil its tasks.
Amendment 142 #
2008/0098(COD)
Proposal for a regulation
Article 5 - paragraph 2 - point c
Article 5 - paragraph 2 - point c
(c) the reference number and title of the harmonised standard, the European Assessment Document or the Specific Technical Documentation, which has been used for the assessment of each essential characteristic.
Amendment 146 #
2008/0098(COD)
Proposal for a regulation
Article 5 - paragraph 2 - point c a (new)
Article 5 - paragraph 2 - point c a (new)
(ca) the generic intended use of the product as laid down in the technical specifications.
Amendment 148 #
2008/0098(COD)
Council position
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) the construction product, covered by a harmonised technical specificationstandard, which the manufacturer places on the market is a system made of components, which the manufacturer assembles duly following precise instructions given by the provider of such a system or of a component thereof, who has already tested that system or that component for one or several of its essential characteristics in accordance with the relevant harmonised technical specification. When these conditions are fulfilled, the manufacturer is entitled to declare performance corresponding to all or part of the test results for the system or the component provided to him. The manufacturer may use the test results obtained by another manufacturer or system provider only after having obtained an authorisation of that manufacturer or system provider, who remains responsible for the accuracy, reliability and stability of those test results.
Amendment 149 #
2008/0098(COD)
Proposal for a regulation
Article 5 - paragraph 2 - point c a (new)
Article 5 - paragraph 2 - point c a (new)
(ca) details of hazardous substances which are required to be declared pursuant to other Community harmonisation rules.
Amendment 150 #
2008/0098(COD)
Council position
Article 37
Article 37
Amendment 154 #
2008/0098(COD)
Council position
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 157 #
2008/0098(COD)
Council position
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 162 #
2008/0098(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 163 #
2008/0098(COD)
Council position
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
For the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the following matters shall be delegated to the Commission in accordance with Article 61, and subject to the conditions laid down in Articles 62 and 63, and the Commission shall deal with them after consulting the committee provided for in Article 64:
Amendment 164 #
2008/0098(COD)
Council position
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
For the purposes of achieving the objectives of this Regulation, in particular removing and avoiding restrictions on making construction products available on the market, the following matters shall be delegated to the Commission in accordance with Article 61, and subject to the conditions laid down in Articles 62 and 63 and after consultation of the Committee in accordance with Article 64:
Amendment 165 #
2008/0098(COD)
Council position
Article 60 – paragraph 1 – point a
Article 60 – paragraph 1 – point a
(a) the determination, where appropriate, of the essential characteristics or threshold levels within specific families of construction products, in relation to which, in accordance with Articles 3 to 6, the manufacturer shall declare, in relation to their intended use, by levels or classes, or in a description, the performance of the manufacturer's product when it is placed on the market;
Amendment 166 #
2008/0098(COD)
Council position
Annex I – paragraph 1
Annex I – paragraph 1
Construction works as a whole and in their separate parts must be fit for their intended use. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life. The essential product characteristics and the methods and criteria for ascertaining product performances with reference to the basic requirements laid down in this annex shall be determined in the Technical Specifications. Wherever possible, harmonised European rules (e.g. ‘Eurocodes’) shall be used to show that the basic requirements are met.
Amendment 170 #
2008/0098(COD)
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 3
Article 7 – paragraph 1 – subparagraph 3
By affixing or having affixed the CE marking the manufacturer shall take responsibility for the conformity of the construction product with the declared performance as well as with harmonised Community legislation.
Amendment 171 #
2008/0098(COD)
Council position
Annex I – part 7 – paragraph 1 – introductory part
Annex I – part 7 – paragraph 1 – introductory part
The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and in particular ensure the following:
Amendment 173 #
2008/0098(COD)
Council position
Annex I – part 7 – paragraph 1 – point a
Annex I – part 7 – paragraph 1 – point a
(a) re-use or recyclability of the construction works, their materials and parts after demolition;
Amendment 177 #
2008/0098(COD)
Council position
Annex II – part 7 – paragraph 1 – point c
Annex II – part 7 – paragraph 1 – point c
(c) send a copy to the Commission after consultation of the committee in accordance with Article 64.
Amendment 178 #
2008/0098(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The CE marking shall be followed by the two last digits of the year in which it was affixed, the name or the identifying mark of the producer, the unique identification code of the construction product and, the number of the declaration of performance, the title of the technical specification referred to in the declaration of performance and the generic intended use specified there.
Amendment 179 #
2008/0098(COD)
Council position
Annex III – part 7 – paragraph 2
Annex III – part 7 – paragraph 2
If, within fifteen working days of receipt, the Commission communicates to the organisation of TABs its observations on the draft European Assessment Document, the organisation of TABs shall amendrediscuss the draft accordinglyunder consideration in relation to those observations and shall send a copy of the adopted European Assessment Document to the manufacturer and the Commission.
Amendment 206 #
2008/0098(COD)
Proposal for a regulation
Article 16 – paragraph 2 - subparagraph 1
Article 16 – paragraph 2 - subparagraph 1
2. Harmonised standards shall provide the methods and the criteria for assessing the performance of the construction products in relation to their essential characteristics and shall support the relevant requirements of other applicable Community legislation.
Amendment 211 #
2008/0098(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. WhereLevels or classes of performance in relation to the essential characteristics of construction products are notshall be established by the Commissin harmonized technical specifications, they may be established by the European standardisation bodies in harmonised standards. aking account of the different traditions and levels of basic work requirements for certain works as well as the differences in climate, geology and geography and other relevant conditions prevailing in Member States. The manufacturer shall be entitled to choose between declaring individual performance values and declaring levels or classes of performance. Where the Commission has established levels or classes of performance in relation to the essential characteristics of construction products, the European standardisation bodies shall use those classes in harmonised standards.
Amendment 227 #
2008/0098(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The European Technical Assessment (ETA) shall be issued by a Technical Assessment Body, for any construction productproducts which depart from the scope of the applicable harmonized European standard, at the request of a manufacturer or importer on the basis of a EAD in accordance with the procedure set out in Annex II and with the agreement of the Standing Committee of Construction referred to Article 51(1), with regard to the following types of product: - products for which there is neither a harmonized standard, nor a recognized national standard, nor a mandate for a harmonized standard, and for which the Commission, after consulting the Standing Committee of Construction, considers that a standard can not, or not yet, be developed; and - products which differ significantly from harmonized standards or recognized national standards. Innovative products fall into these categories.
Amendment 233 #
2008/0098(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. When harmonized technical standards applicable to an innovative product are available and include assessment methods which are suitable for the assessment of some or all performances of the product, those assessment methods shall be applied.
Amendment 255 #
2008/0098(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. If the construction product, referred to in paragraph 1, belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1, 2 or 2,4 as set out in Annex V, the STD shall be verified by a relevant certification body as referred to in Annex V.
Amendment 262 #
2008/0098(COD)
Proposal for a regulation
Article 27 - paragraph 1
Article 27 - paragraph 1
1. Micro-enterprises may replace the applicable systemharmonized technical specification relevant for the assessment of the declared performance of construction productperformance and for declaring essential characteristics by an STD in accordance with Article 7. The STD shall demonstrate the compliance of the construction product with the applicable requirements where the manufacturer intends to place the construction product on the market. The STD shall provide for an equivalent level of confidence and reliability of performance regarding the essential work requirements.
Amendment 265 #
2008/0098(COD)
Proposal for a regulation
Article 27 - paragraph 2
Article 27 - paragraph 2
2. If a construction product belongs to a family of construction products for which the applicable system for assessment and verification of constancy of performance is system 1, 2 or 2,4 as set out in Annex V, the STD shall be verified by a relevant certification bTechnical Assessment Body as referred to in Annex Vrticle 22.
Amendment 266 #
2008/0098(COD)
Proposal for a regulation
Article 27 - paragraph 2 a (new)
Article 27 - paragraph 2 a (new)
2a. The Specific Technical Documentation shall guarantee an equivalent level of health and safety for persons and for other issues of public interest. The manufacturer shall remain responsible for the product’s compliance with the characteristics stated in the declaration of performance. The manufacturer shall provide information on the intended use of the product.
Amendment 271 #
2008/0098(COD)
Proposal for a regulation
Article 28 - paragraph 1
Article 28 - paragraph 1
1. For a construction product designed and manufactured in a non-industrialised production process in response to a specific order, and installed in a single identified construction work, the manufacturer may replace the applicable systemharmonized technical specification relevant for the assessment of performance and for declaring essential characteristics by an STD,. The STD shall demonstratinge the compliance of thate construction product with the applicable requirements where the manufacturer intends to place the construction product on the market. The STD shall provide for an equivalent level of confidence and reliability of performance regarding the essential work requirements.
Amendment 287 #
2008/0098(COD)
Proposal for a regulation
Annex I - Part 7
Annex I - Part 7
The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and ensure the following: (a) recyclability of the construction works, their materials and parts after demolition; (b) durability of the construction works; (c) use of environmentally compatible raw and secondary materials in the construction works.
Amendment 102 #
2008/0018(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 88/378/EEC is based on the New Approach principles, as set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards. Thus, it sets out only the essential safety requirements with regard to toys, while tincluding the particular safety requirements regarding physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity. Technical details are adopted by the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (CENELEC) in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations. Conformity with harmonised standards so set, the reference number of which is published in the Official Journal of the European Union, provides presumption of conformity to the requirements of Directive 88/378/EEC. Experience has shown that these basic principles have worked well in the toys sector and should be maintained.
Amendment 177 #
2008/0018(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
In taking such measures, Member States shall take into account the precautionary principle as set out in Article 8 of Directive 2001/95/EC
Amendment 179 #
2008/0018(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
2. Toys shall not jeopardize the safety or health of users or third parties when they are used as intended or in a foreseeable way, bearing in mind behaviour of children, bearing in mind that behaviour of children is often unforeseeable and that therefore particularly stringent safety and health standards apply to toys.
Amendment 214 #
2008/0018(COD)
Proposal for a directive
Article 18 - paragraph 1
Article 18 - paragraph 1
1. Before placing the toys on the market, manufacturers shall use the conformity assessment procedures identified in paragraphs 2 and 3 to demonstrate that the toys comply with the essential safety requirements set out in Article 9 and Annex II.
Amendment 215 #
2008/0018(COD)
Proposal for a directive
Article 18 - paragraph 2
Article 18 - paragraph 2
Amendment 217 #
2008/0018(COD)
Proposal for a directive
Article 18 - paragraph 3
Article 18 - paragraph 3
3. The toy shall be submitted for EC-type- examination as referred to in Article 19 combined with the conformity to type procedure set out in Module C of Annex I to Decision […] in the following cases: (a) when harmonised standards, the reference number of which has been published in the Official Journal of the European Union, covering all relevant safety requirements for the toy, do not exist; (b) when standards as referred to in point (a) exist but the manufacturer has not applied them or has applied them only in part; (c) when standards as referred to in point (a) or any of them have been published with a restriction.; (d) when the manufacturer considers that the nature, design, construction or purpose of the toy necessitate third party verification.
Amendment 227 #
2008/0018(COD)
Proposal for a directive
Article 45 - paragraph 1 a (new)
Article 45 - paragraph 1 a (new)
Amendment 252 #
2008/0018(COD)
Proposal for a directive
Annex I – point 17 a (new)
Annex I – point 17 a (new)
17a. Cardboard books without a playing purpose
Amendment 254 #
2008/0018(COD)
Proposal for a directive
Annex I – point 17 b (new)
Annex I – point 17 b (new)
17b. Children’s books designed or clearly intended for use in play by children
Amendment 290 #
2008/0018(COD)
Proposal for a directive
Annex II – Part I – point 10
Annex II – Part I – point 10
10. Toys which are designed to emit a sound should be so designed and constructed so that the sound from them is not able to impair children’s hearing. : - does not exceed a limit of 135 dB LpC peak at the ear for impulse noise - does not exceed a limit of 70 dB LpC for continuous noise from "close to the ear toys" such as toys with headphones or telephone toys - does not exceed in any case the corresponding thresholds applicable for adults in work protection legislation
Amendment 296 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 1
Annex II – Part III – point 1
1. Toys shall be so designed and constructed that there are no risks of adverse effects on human health or on the hormonal system due to exposure to the chemical substances or preparations of which the toys are composed or which they contain, when the toys are used as specified in the first subparagraph of Article 9 (2).
Amendment 297 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 3
Annex II – Part III – point 3
3. Without prejudice to the application of the restrictions under the first sentence of point 2, the use in toys of substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR) according to Directive 67/548/EEC in individual concentrations equal to or greater than the relevant concentrations established for the classification of preparations containingand endocrine disrupting substances according to Directive 67/548/EEC and substances listed due to health effects in the candidate list established according to Regulation (EC) No 1907/2006 (REACH) shall be prohibited, except if the substances are contained in electronic components of toys that are not accessible to any physical contact by children. The presence of traces of these substances in accordance with the provisions of Directive 1999/45/EC shall be prohibited, except if the substances are contained in compshall be allowed provided that the substances are not intentionally added, migration levels of the substance are negligible and the presence is technically unavoidable in good manufacturing practice. In case a naturally occurring organic raw material traditionally used for toy manufacturing, have a natural content of CMR, the material may contain CMR provided that the substance is not intentionally added, that the content is considered low and that the material have previously caused no harm due to the CMR contents of toys or micro-structurally distinct parts of toys that are not accessible to any physical contact by children. . Residues of monomers in polymer plastics may be allowed provided that migration levels of the substance are negligible and the presence is technically unavoidable in good manufacturing practice. Furthermore stainless steel may contain nickel provided that migration levels are negligible. None of the above mentioned exceptions shall apply to mercury.
Amendment 303 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 3
Annex II – Part III – point 3
3. Without prejudice to the application of the restrictions under the first sentence of point 2, the use in toys of substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR) according to Directive 67/548/EEC in individual concentrations equal to or greater than the relevant concentrations established for the classification of preparations containing the substances in accordance with the provisions of Directive 1999/45/EC shall be prohibited, except if the substances are contained in components of toys or micro- structurally distinct parts of toys that are not accessible to any physical contact, including inhalation, by children.
Amendment 317 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 4 – introductory part
Annex II – Part III – point 4 – introductory part
4. Substances or preparations classified as CMR category 1, 2 and 23 according to Directive 67/548/EEC may be used in toys provided that the following conditions are met:
Amendment 322 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 5
Annex II – Part III – point 5
Amendment 335 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 7
Annex II – Part III – point 7
Amendment 345 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 8 - Table
Annex II – Part III – point 8 - Table
8. The following migration limits, from toys or components of toys that are accessible to children during use as specified in the first subparagraph of Article 9 (2), shall not be exceeded: Element mg/kg in mg/kg dry, brittle, in liquid or dry, brittle, in liquid or powder- sticky powder-like sticky like or toy material or toy material pliable toy pliable toy material material Aluminium 5625 1406 Antimony 45 11.3 Arsenic 7.51.9 Barium 4500 1125 Boron 1200 300 Cadmium 3.80.9 Chromium 37.5 9.4 (III) Chromium 0.04 (VI)0.01 Cobalt 10.5 2.6 Copper 622.5 156 Lead 276.8 Manganese 1200 300 Mercury 153.8 Nickel 75 18.8 Selenium 37.5 9.4 Strontium 4500 1125 Tin 15000 3750 Organic tin 1.90.5 Zinc 3750 938
Amendment 350 #
2008/0018(COD)
Proposal for a directive
Annex II – Part III – point 8 - subparagraph 2 a (new)
Annex II – Part III – point 8 - subparagraph 2 a (new)
Amendment 13 #
2008/0016(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In particular, increased use of biofuels for transport is one of the most effective tools by which the Community can reduce its dependence on imported oil – where the security of supply problem is most acute - and influence the fuel market for transport order to save the earth's climate, a transport policy to reduce greenhouse gases emissions effectively as well as alternative modes of transport must be developed and implemented before an end-of-the-pipe technology such as biomass for transport fuels can hope to deliver the reduction needed.
Amendment 14 #
2008/0016(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) As the latest scientific evidence has shown that a binding target of 10 % for transport fuel from biomass cannot be achieved in a sustainable way, there should be a moratorium on agrofuels from food crops, the scrapping of the 10 % target for biofuels and a global food security impact assessment of current domestic crops, meat and energy production on food security within a revision of the common Agricultural, Energy and Trade Policy.
Amendment 15 #
2008/0016(COD)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
Amendment 16 #
2008/0016(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In the light of the positions taken by the CommissionEuropean Parliament, the Council and the European ParliamentCommission, it is appropriate to establish mandatory targets for an overall 20% share of renewable energy and a 1minimum interim and an overall 20% share of renewable energy in transport in the European Union's final consumption in 2020.
Amendment 18 #
2008/0016(COD)
Proposal for a directive
Recital 10
Recital 10
(10) By contrast, it is appropriate for the 10% target for renewable energy in transport to be set at the same level for each Member State in order to ensure consistency in transport fuel specifications and availability. Because transport fuels are traded easily, Member States with low endowments of the relevant resources will easily be able to obtain renewable transport fuels from elsewhere. While it would technically be possible for the Community to meet its biofuel target solely from domestic production, it is both likely and desirable that theWhile it is likely that the renewable energy targets will in fact be met through a combination of domestic production and imports. To this end, the Commission should monitor the supply of the Community market for biofuels, and should, as appropriate, propose relevant measures to achieve a balanced approach between domestic production and importsrenewable energies, including biomass for energy, taking into account the development of multilateral and bilateral trade negotiations as well as environmental, social, food-supply, cost, energy security and other considerations.
Amendment 19 #
2008/0016(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure that the overall targets are achieved, Member States should work towards a an indicative trajectory tracing a pathcomply with mandatory interim targets towards the achievement of their 2020 targets, and should establish a national renewable energy action plan (RAP) including sectoral targets, while having in mind that there are different uses of biomass and therefore it is essential to mobilise new biomass resources.
Amendment 20 #
2008/0016(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 22 #
2008/0016(COD)
Proposal for a directive
Recital 30
Recital 30
(30) The costs of connecting new producers of electricity from renewable energy sources to the electricity grid should be objective, transparent and non- discriminatory and due account should be taken of the benefit embedded generators bring to the grid. The costs should be borne by the requesting producer, who may benefit from national or EU incentive measures.
Amendment 23 #
2008/0016(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In certain circumstances it is not possible to fully ensure transmission and distribution of electricity produced from renewable energy sources without affecting the reliability and safety of the grid system. In these circumstances it may be appropriate for financial compensation to be given to those producers, to ensure the safety of their instruments even when there is a temporary excess of production, pending the decline of non-renewable energy sources harmful to the environment.
Amendment 24 #
2008/0016(COD)
Proposal for a directive
Recital 33
Recital 33
(33) IAlongside the search for short cuts from the production of electricity to its consumption, interconnection among countries eases integration of electricity from renewable energy sources. Besides smoothing variability, interconnection can reduce balancing costs, encourage true competition bringing about lower prices, and support the development of networks. Also, the sharing and optimal use of transmission capacity could help avoid excessive new build.
Amendment 25 #
2008/0016(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Biofuelmass production for energy should be environmentally and socially sustainable. Biofuelsmass for energy used for compliance with the targets laid down in this Directive, and those that benefit from national support systems, should therefore be required to fulfil criteria for environmental sustainability.
Amendment 31 #
2008/0016(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 44 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States and EU funds shall take the necessary steps, including incentives, to develop grid infrastructure to accommodate the further development of electricity production from renewable energy sources, including interconnectors between Member States.
Amendment 45 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the maintenance of the reliability and safety of the grid, Member States shall ensure that transmission system operators and distribution system operators in their territory guarantee the transmissionare required to transport and distribution ofe electricity produced from renewable energy sources. They shall also provide for priority access to the grid system of electricity produced from renewable energy sources. When dispatching electricity generating installations, transmission system operators shall give priority to generating installations using renewable energy sources or cogeneration plants insofar as the security of the national electricity system permits. In the event of a critical situation, such as a power surge, the Member States may enforce rules requiring a reduction in supply from production plants using non-renewable energy sources.
Amendment 47 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. Member States shall require transmission system operators and distribution system operators to set up and publish their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections and grid reinforcements, which are necessary in order to integrate new producers feeding electricity produced from renewable energy sources into the interconnected grid. The cost of connection to the network shall be borne by the producer, who may benefit from national or EU incentives.
Amendment 48 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The sharing of costs referred in paragraphs 3 and 4 shall be enforced by a mechanism based on objective, transparent and non-discriminatory criteria taking into account the benefits which initially and subsequently connected producers as well as transmission system operators and distribution system operators derive from the connections, and the contribution made by the new plants to achieving the EU’s objectives in fighting climate change.
Amendment 6 #
2008/0014(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
Amendment 8 #
2008/0014(COD)
Proposal for a decision
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
The Commission shall assess the impact of EU sectoral policies on the Community's greenhouse gas emissions and the emissions reduction potential relating to these policies. The Commission shall make proposals, as appropriate, to ensure that such policies contribute adequately to achieving the 2020 and 2050 reduction targets.
Amendment 9 #
2008/0014(COD)
Proposal for a decision
Article 5 a (new)
Article 5 a (new)
Article 5a Compliance mechanism 1. Where the greenhouse gas emissions of a Member State from sources not covered under Directive 2003/87/EC exceed the annual greenhouse gas emission limit pursuant to Article 3 of this Decision, that Member State shall pay an excess emissions penalty equivalent to the amount determined in Article 16 of Directive 2003/87/EC. That excess emissions penalty shall be paid to a Community fund dedicated to financing climate change mitigation measures. 2. The Commission shall adopt measures to establish the Community fund referred to in paragraph 1. Those measures, designed to amend non-essential elements of this Decision by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2). 3. In addition to paragraph 1 the total by which the limit in tonnes of carbon dioxide equivalent is exceeded shall be deducted from the subsequent quantity of allowances auctioned by the Member State pursuant to Article 10[(2)] of Directive 2003/87/EC.
Amendment 36 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 3
Recital 3
(3) The European Council has made a firm commitment to reduce the overall greenhouse gas emissions of the Community by at least 20% below 1990 levels by 2020, and by 30% provided that other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries contribute adequately according to their responsibilities and respective capabilities. By 2050, global greenhouse gas emissions should be reduced by at least 50% below their 1990 levels. All sectors of the economy should contribute to achieving these emission reductions, including international aviation, maritime transport and the cement industry. International maritime transport emissions should be incorporated in EU emissions trading system by 2015 or otherwise be included in the Decision on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020.
Amendment 43 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) Given the considerable efforts of combating climate change and of adapting to its inevitable effects, it is appropriate that at least 20% of the proceeds from the auctioning of allowances should be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for reducing emissions and adaptation, to develop renewable energies to meet the EU’s commitment to using 20% renewable energies by 2020, to meet the commitment of the Community to increase energy efficiency by 20% by 2020, for the capture and geological storage of greenhouse gases, to contribute to the Global Energy Efficiency and Renewable Energy Fund , for measures to avoid deforestation and facilitate adaptation in developing countries, and for addressing social aspects such as possible increases in electricity prices in lower and middle income households. This proportion is significantly below the expected net revenues for public authorities from auctioning, taking into account potentially reduced income from corporate taxAt least 50% of the revenues should be used to contribute to the necessary climate efforts in developing countries. In addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme. Provisions should be included on monitoring the use of funds from auctioning for these purposes. Such notification does not release Member States from the obligation laid down in Article 88(3) of the Treaty, to notify certain national measures. The Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the Treaty.
Amendment 53 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The Community will continue to take the lead in the negotiation of an ambitious international agreement that will achieve the objective of limiting global temperature increase to 2°C and is encouraged by the progress made in Bali towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (“carbon leakage”), and at the same time could put certain energy- intensive sectors and sub-sectors in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To address the risk of carbon leakage, the Community will allocate allowances free of charge up to 100% to sectors or sub-sectors meeting the relevant criteriaIn the event that international agreement on climate change has not yet been concluded leading to mandatory reductions of greenhouse gas emissions in countries representing a critical mass of production in a sector covered by the EU emissions trading system receiving no free allocation, comparable to those of the EU, it will be necessary to avoid that greenhouse gas emissions occurring outside the Community undermine the Community’s action by leading to ‘carbon leakage’. Provisions to that effect should be adopted and apply to the imports of goods which would otherwise undermine this action. These provisions should be neutral in their effect. In order to be prepared for such an eventuality which could undermine the environmental integrity and benefit of actions by the Community, an effective carbon equalization in the form of allowance import requirement should be established for imports of energy intensive goods into the Community. The definition of these sectors and sub-sectors and the measures required will be subject to re- assessment to ensure that action is taken where necessary and to avoid overcompensation. For those specific sectors or sub-sectors wThese provisions should apply similar requirements on importers of goods to the re it can be duly substantiated that the risk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, the action taken may take into account the electricity consumption in the production process, without changing the total quantity of allowances. quirements applicable to those installations within the EU which receive no free allocation and have been shown to be exposed to significant risk of carbon leakage or to international competition in third countries that are not subject to binding and verifiable action to reduce greenhouse gas emissions in the context of the international post-2012 climate policy framework.
Amendment 64 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
1. From 2013 onwards, Member States shall auction all allowances which are not allocated free of charge in accordance with Article 10a.
Amendment 65 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. At least 20% of tThe revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in point (b) thereof, shouldall be used for the following:
Amendment 68 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
Amendment 73 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
At least 50% of the revenues shall be used to finance greenhouse gas reductions, avoided deforestation and degradation, and adaptation to climate change.
Amendment 74 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a
Article 10a
1. The Commission shall, by 30 June 2011, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production. The Commission shall, upon the conclusion by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review those measures to provide that free allocation only takes place where this is fully justified in the light of that agreement. 2. Subject to paragraph 3, no free allocation shall be given to electricity generators, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions. 3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9. 4. The maximum amount of allowances that is the basis for calculating allocations to installations which carry out activities in 2013 and received a free allocation in the period 2008 to 2012 shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessary. 5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 2007. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9. 6. Five percent of the Community-wide quantity of allowances determined in accordance with Articles 9 and 9a over the period 2013 to 2020 shall be set aside for new entrants, as the maximum that may be allocated to new entrants in accordance with the rules adopted pursuant to paragraph 1 of this Article. Allocations shall be adjusted by the linear factor referred to in Article 9. No free allocation shall be made in respect of any electricity production by new entrants. 7. Subject to Article 10b, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013 shall be 80% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resulting in no free allocation in 2020. 8. In 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 6. 9. At the latest by 30 June 2010 and every 3 years thereafter the Commission shall determine the sectors referred to in paragraph 8. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account the following: (a) the extent to which auctioning wouldharmonised implementing measures for requiring importers to surrender allowances in respect of imported energy intensive goods referred to in paragraphs 2 to 6 and 8 in a harmonised manner where those sectors receive no free allocation within the Community system. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The measures referred to in the first subparagraph shall, to the extent feasible, ensure that installations from the Community that receive no free allocation and are at significant risk of carbon leakage and those from third countries are on a comparable footing. The Commission shall, upon the conclusion by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review those measures to provide that allowance import requirement (AIR) only takes place where this is fully justified in the light of that agreement. 2. From 2013 an allowance the AIR shall apply in respect of goods which are determined, in accordance with paragraph 5, to be subject to significant risk of carbon leakage or to international competition until other countries and administrative entities are subject to binding and verifiable action to reduce greenhouse gas emissions. Importers or exporters of goods shall be respectively required and entitled to surrender or receive allowances where: (a) The country or administrative entity where goods were produced is determined by the Commission, acting in accordance with the procedure referred to in Article 23(2), not to be subject under international post-2012 climate policy framework to binding and verifiable action to reduce greenhouse gas emissions; and (b) A methodology for such goods has been established under paragraph 3. The AIR shall not apply to imports of goods produced in countries or administrative entities which are linked with the EU emissions trading system pursuant to Article 26. 3. The Commission shall calculate the average level of greenhouse gas emissions resulting from the production of individual goods or categories of goods across the Community taking into account information from independently verified reports under Article 14 and all relevant emissions covered by the EU emissions trading system. The Commission shall establish, in accordance with the procedure referred to in Article 23(2), methodologies for calculating an AIR applicable to goods or categories of goods subject to significant risk of carbon leakage or to international competition, equivalent to the average level of greenhouse gas emissions resulting from the production of individual goods across the Community multiplied by the tonnage of goods imported. 4. To facilitate the establishment of methodologies in accordance with paragraph 3, the Commission may specify requirements for operators to report on the production of goods, and for the reporting of this information to be independently verified, in its Regulations adopted under Articles 14 and 15. 5. Importers of goods which meet the conditions set out in paragraph 1 shall be required to make a written declaration in respect of these imports. The written declaration shall confirm that a sufficient number of allowances, as determined in accordance with paragraph 3, have been surrendered in the Community registry in respect of the goods subject to entry, in accordance with specific administrative procedures to be established by the Commission Regulations. 6. The AIR may be met by EU allowances or by allowances from a third country emissions trading system which is recognised as equivalent in stringency to the Community system. 7. All AIR relevant provisions and implementing measures shall be adopted and implemented no later than 1 January 2012. 9. At the latest by 30 June 2010 and every year thereafter the Commission shall determine, taking into consideration evidence submitted by stakeholders, the sectors and goods referred to in paragraph 2. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account the following: (a) the extent to which auctioning has lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used.
Amendment 96 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11
Article 11
1. Each Member State shall publish and submit to the Commission, by 30 September 2011, the list of installations covered by this Directive in its territory and any free allocation to each installation in its territory calculated in accordance with the rules referred to in Article 10a(1). 2. By 28 February of each year, the competent authorities shall issue the quantity of allowances that are to be distributed for that year, calculated in accordance with Articles 10 and 10a. An installation which ceases to operate shall receive no further free allowances.
Amendment 31 #
2008/0002(COD)
Proposal for a regulation – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) However, foods derived from cloned animals and their descendants should be excluded from the scope of this Regulation. They should be dealt with in a specific regulation, adopted under the codecision procedure, and not be subject to the common procedure. Pending the entry into force of this Regulation, the Commission should put forward a corresponding legislative proposal. Pending the entry into force of a regulation on cloned animals, a moratorium should be imposed on the placing on the market of foods manufactured from cloned animals and their descendants.
Amendment 32 #
2008/0002(COD)
Proposal for a regulation – amending act
Recital 6 b (new)
Recital 6 b (new)
(6b) Little is known at present about the health implications of foods containing nanoparticles manufactured by means of nanotechnological procedures. In keeping with the precautionary principle, the use of nanoparticles in the manufacturing of foods should be suspended until scientific findings concerning the implications of their use are available.
Amendment 33 #
2008/0002(COD)
Proposal for a regulation – amending act
Recital 10 a (new)
Recital 10 a (new)
(10a) Foods of animal origin manufactured by feeding animals with genetically modified products are not at present labelled as such. In order to create transparency for consumers and to prevent distortions of competition on the market for feedingstuffs and animal products, this Regulation should lay down provisions governing the labelling of these products.
Amendment 39 #
2008/0002(COD)
Proposal for a regulation – amending act
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Notwithstanding paragraph 2(b), this Regulation shall lay down labelling rules for foods manufactured from animals fed with genetically modified feedingstuffs.
Amendment 40 #
2008/0002(COD)
Proposal for a regulation – amending act
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Where necessary, it may be determined in accordance with the procedure referred to in Article 14(23) whether a type of food falls within the scope of this Regulation.
Amendment 41 #
2008/0002(COD)
Proposal for a regulation – amending act
Article 3 – paragraph 2
Article 3 – paragraph 2
(a) "novel food" means in this Regulation: (i) food that has not been used for human consumption to a significant degree within the Community before 15 May 1997; and does not fall within the scope of Regulation (EC) No 1829/2003. The use of a food exclusively as or in a food supplement shall not be sufficient to show whether it has been used for human consumption to a significant degree within the Community before 15 May 1997. However, if a food has been used exclusively as or in a food supplement prior that date, it can be placed on the Community market after that date for the same use without being considered as novel food. Further criteria for assessing if a food has been used for human consumption to a significant degree within the Community before 15 May 1997, which are designed to amend non-essential elements of this Regulation, inter alia by supplementing it, may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3). (ii) food of plant or animal origin when to the plant and animal is applied a non- traditional breeding technique not used before 15 May 1997 and the food does not fall within the scope of Regulation (EC) No 1829/2003; and (iii) food to which is applied a new production process, not used before 15 May 1997, where that production process gives rise to significant changes in the composition or structure of the food which affect its nutritional value, metabolism or level of undesirable substances, and the food does not fall within the scope of Regulation (EC) No 1829/2003.
Amendment 42 #
2008/0002(COD)
Proposal for a regulation – amending act
Article 3 – paragraph 2 – letter a – point ii
Article 3 – paragraph 2 – letter a – point ii
(ii) food of plant or animal origin when to the plant and animal is applied a non- traditional breeding technique not used- not including cloning - not used commercially before 15 May 1997; and
Amendment 43 #
2008/0002(COD)
Proposal for a regulation – amending act
Article 3 – paragraph 2 – letter b a (new)
Article 3 – paragraph 2 – letter b a (new)
(ba) ‘produced from animals fed with genetically modified feedingstuffs’ means that feedingstuffs containing genetically modified organisms were used to feed the animals from which the food in question originates.
Amendment 48 #
2008/0002(COD)
Proposal for a regulation – amending act
Article 6 – paragraph 2 (new)
Article 6 – paragraph 2 (new)
Where there is no scientific evidence as to the health implications of a novel food, the food may not be included in the Community list.
Amendment 49 #
2008/0002(COD)
Proposal for a regulation – amending act
Article 6 – paragraph 3 (new)
Article 6 – paragraph 3 (new)
Amendment 50 #
2008/0002(COD)
Proposal for a regulation – amending act
Article 7 – paragraph 3
Article 7 – paragraph 3
3. By way of derogation from the third paragraph of Article 7 of Regulation (EC) No [common procedure], the updating of the Community list with a novel food, other than traditional food from third countries, shall be decided in accordance with the regulatory procedure with scrutiny referred to in Article 14(23) in cases where newly developed scientific evidence and proprietary data are protected in accordance with Article 12.
Amendment 57 #
2008/0002(COD)
Proposal for a regulation – amending act
Article 11 a (new)
Article 11 a (new)
Amendment 7 #
2007/2290(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the employment situation in Europe is not in line with the Lisbon strategy which has as its aims more and better jobs, full employment and social inclusion especially for women,
Amendment 8 #
2007/2290(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the gender and intergenerational dimension greatly increase the risk of having a weaker position in the labour market, since women, and older and also younger workers engaged in non-standard contracts have fewer chances to improve their position in the labour market,
Amendment 13 #
2007/2290(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that an analysis and reform of social protection systems in the Member States must be framed in a gender equality perspective and include the individualisation of rights to social security, adapting social protection and services to the changing family structures and ensuring that social protection systems better counteract women's precarious situation and meet the needs of non-traditional and one-parent families;
Amendment 19 #
2007/2290(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Requests that the Commission and the Member States as a matter of urgency take measures prohibiting direct discrimination in occupational pension schemes, including the practice of basing the level of payments and contributions on actuarial factors based on sex;
Amendment 22 #
2007/2290(INI)
Draft opinion
Paragraph 6 – indent 1
Paragraph 6 – indent 1
– recognition of periods spend devoted to reconciling work and family life, such as maternity leave, parental leave, periods spent looking after a dependent relative and educational responsibilities, for example by increasing periods of compulsory insurance of complete the period of social insurance overage required for entitlement to a pension;
Amendment 16 #
2007/2287(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recalls that the single market often serves the providers more than the consumers; advocates simplifying financial legislation and removing barriers to the mobility of consumers such as fees for terminating an account; emphasises, however, that simplification should not lead to a lowering of the consumer protection; insists that the removal of barriers must not result in products becoming more expensive;
Amendment 33 #
2007/2287(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. RecognisesExpresses its doubt about the option of a 28th legal framework, such as the Common Reference Framework, as a possible new approach to European regulation, to enable cross-border market choice to be provided to a uniformly high consumer protection standard; calls on the Commission again to put forward a time-frame for developingstresses that it is not clear which legal protection system would be used to clear up disputes arising from a ‘28th lregal frameworkime’, i.e. which court or alternative dispute settlement court has jurisdiction;
Amendment 40 #
2007/2287(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 68 #
2007/2287(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls that there is a growing number of consumers who are denied market access to basic financial services; regrets that the Green Paper fails to raise the issue of introducing a European right to a current account on a non-borrowing basis; stresses that the right to a current account would be a concrete benefit for consumers;
Amendment 10 #
2007/2263(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
Amendment 12 #
2007/2263(INI)
Motion for a resolution
Citation 17 c (new)
Citation 17 c (new)
– having regard to Council Directive 2004/83 of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted,
Amendment 13 #
2007/2263(INI)
Motion for a resolution
Citation 17 d (new)
Citation 17 d (new)
– having regard Council of Europe Resolution 1579 (2007) entitled 'Prostitution - Which stance to take?',
Amendment 14 #
2007/2263(INI)
Motion for a resolution
Citation 17 e (new)
Citation 17 e (new)
– having regard to its resolution of 17 January 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation1
Amendment 15 #
2007/2263(INI)
Motion for a resolution
Citation 17 f (new)
Citation 17 f (new)
Amendment 16 #
2007/2263(INI)
Motion for a resolution
Citation 17 g (new)
Citation 17 g (new)
– having regard to its resolution of 15 March 2006 on forced prostitution in the context of world sports events 1
Amendment 17 #
2007/2263(INI)
Motion for a resolution
Citation 17 h (new)
Citation 17 h (new)
– having regard to the World Health Organization's Sex Work Toolkit for targeted HIV/AIDS Prevention and Care in Sex Work Settings,
Amendment 37 #
2007/2263(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas trafficking in persons, particularly women and children, for sexual as well as other forms of exploitation, is one the most egregious violations of human rights, and whereas trafficking in human beings is growing globally as a result of the increase in organised crime and its profitability,
Amendment 46 #
2007/2263(INI)
Motion for a resolution
Recital G
Recital G
Amendment 49 #
2007/2263(INI)
Motion for a resolution
Recital H
Recital H
Amendment 54 #
2007/2263(INI)
Motion for a resolution
Recital I
Recital I
Amendment 58 #
2007/2263(INI)
Motion for a resolution
Recital J
Recital J
Amendment 65 #
2007/2263(INI)
Motion for a resolution
Recital K
Recital K
Amendment 72 #
2007/2263(INI)
Motion for a resolution
Recital L
Recital L
L. whereas men who have ever paid for sex are significantly more likely to have contracted a sexually transmitted infectionthe widely held assumption that prostitutes were the main group affected by HIV/AIDS, or rather the main risk group, has not been substantiated by scientific evidence,
Amendment 79 #
2007/2263(INI)
Motion for a resolution
Recital N
Recital N
Amendment 86 #
2007/2263(INI)
Motion for a resolution
Recital O
Recital O
Amendment 92 #
2007/2263(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas the term “violence against women” is to be understood as any act of gender-based violence, which results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or private life,
Amendment 93 #
2007/2263(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. whereas the term sex worker has gained popularity over prostitute because those involved consider it less stigmatising and say that the reference to work better describes their experience,
Amendment 94 #
2007/2263(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
Amendment 101 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Defines violence against women as 'any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life' in accordance with the Declaration on the Elimination of Violence against Women adopted by the UN General Assembly in 1993;
Amendment 102 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Determines gender-based violence to be physical, sexual or psychological violence occurring within the family and in the wider community, including beatings, the sexual abuse of children, dowry-related violence, rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women, forced prostitution, and violence perpetrated or condoned by the State;
Amendment 103 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. Calls on the Commission and the Council to create a clear legal basis for combating all forms of violence against women and to take a decision on the full communitarisation of a European policy;
Amendment 104 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. Calls on the EU Member States and all other States to address the structural problems involved (poverty, political instability/war, gender inequality, unequal opportunities, lack of education and training), including in prostitutes' countries of origin, as the case may be, to prevent people from being 'forced' into prostitution by circumstances;
Amendment 105 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 e (new)
Paragraph -1 e (new)
-1e. Underlines the fact that child prostitution can never be voluntary, as children do not have the capacity to 'consent' to prostitution; urges the Member States to prohibit child prostitution (under the age of 21) and to combat as energetically as possible other forms of forced prostitution; urgently demands a zero-tolerance approach based on prevention, the protection of victims and the prosecution of clients;
Amendment 106 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 f (new)
Paragraph -1 f (new)
-1f. Recommends the decriminalisation of all aspects of adult prostitution resulting from individual decision, and therefore calls for special provisions to prevent the abuse and stigmatisation of prostitutes;
Amendment 107 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 g (new)
Paragraph -1 g (new)
-1g. Calls on the Member States to formulate an explicit policy on prostitution in order to avoid double standards and policies which force prostitutes underground or under the influence of pimps, which only makes prostitutes more vulnerable instead of empowering them;
Amendment 108 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 h (new)
Paragraph -1 h (new)
Amendment 109 #
2007/2263(INI)
Motion for a resolution
Paragraph -1 i (new)
Paragraph -1 i (new)
-1i. Calls on the Member States to ratify the Council of Europe Convention on Action against Trafficking in Human Beings;
Amendment 112 #
2007/2263(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 116 #
2007/2263(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that women who have experienced gender-based violence are at greater risk of problems such as chronic pain, disability, miscarriage and somatic disorders; points out that the psychological and emotional secondary disorders (sequelae) of abuse often manifest themselves in higher levels of depression, anxiety, panic attacks, substance abuse, eating disorders and psychiatric disorders;
Amendment 120 #
2007/2263(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Identifies violence towards prostituted women as a major health problem in prostitutionboth a rights-based approach and a holistic perspective on the part of policy makers and public health institutions to sex work as crucial for improving the health of prostitutes and sex workers;
Amendment 122 #
2007/2263(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Points out that social, legal, interpersonal and epidemiological factors create the conditions in which HIV and STDs rapidly spread; calls for an effective targeted response in order to promote safer behaviour, to improve access to effective health and social services and to address the underlying structural and occupational dimensions of vulnerability;
Amendment 133 #
2007/2263(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 139 #
2007/2263(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 142 #
2007/2263(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 150 #
2007/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recognises that the purchasers of prostitutes' services who refuse to wear a condom - and even pay extra money not to - are at risk of contracting sexually transmitted diseases (STDs), most importantly HIV/AIDSe role played in HIV transmission by clients and third parties by targeting the whole sex work setting, including clients and third parties, rather than only sex workers;
Amendment 157 #
2007/2263(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers it essential for risk- reducing practices to avoid discrimination against people engaged in prostitution by ensuring their active participation in prevention efforts;
Amendment 165 #
2007/2263(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Acknowledges that the health effects of the sex industry are not something that can be isolated within the sex industry, but also affect the wider community. P, calls on the purchasers of prostituted women's' services who refuse to wear a condom are spreading STDs, most importantly HIV/AIDS, in their sexual encounters outside the sex industryto follow safer sex practices and to use a condom in order to avoid STDs and HIV/AIDS;
Amendment 170 #
2007/2263(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 173 #
2007/2263(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 175 #
2007/2263(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Refers to the report by the German Government on the impact of the Prostitution Act, pointing out that recent scientific evidence shows that prostitutes are not the main group affected by HIV/AIDS;
Amendment 181 #
2007/2263(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges Member States to investigate the specific health risks which prostituted womens are exposed to - regardless of the legal status of the sex industry;
Amendment 184 #
2007/2263(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines the fact that working conditions can be highly exploitative, leaving individual sex workers with limited power over their lives; vulnerability is highest where sex workers are isolated from mainstream society and where they lack internal solidarity and their own social support networks;
Amendment 190 #
2007/2263(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges Member States where prostitution is legal or regulated to implement the same legal framework on safety in the workplace as in other areas of the labour market for prostitutes/sex workers so that standard employment laws can be applied to protect them from abuse and exploitation;
Amendment 192 #
2007/2263(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Member States to refrain from criminalising and penalising prostitutes and to develop programmes to assist prostitutes/sex workers to leave the profession should they so wish;
Amendment 200 #
2007/2263(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. UrgesCalls on the Member States to examine how and why prostituted women become prostitutes, since several studies indicate that a considerable proportion have been sexually abused and/or raped as childrenthe working conditions of sex workers;
Amendment 210 #
2007/2263(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 83 #
2007/0279(COD)
Proposal for a directive
Article 9 - paragraph 8 − subparagraph 2
Article 9 - paragraph 8 − subparagraph 2
The Commission shall make publicly available this informationa central register of recipients certified by Member States on its Web- site.
Amendment 91 #
Amendment 93 #
2007/0279(COD)
Proposal for a directive
Article 16 - paragraph 2
Article 16 - paragraph 2
2. The Commission shall, beginning not later than [5 years after the date of entry into force review the functioning of this Directive and report to the European Parliament and the Council by [5 years after the date of transposition]. It shall evaluate in particular whether, and to what extent, the purposes of this dDirective], submit regularly a have been achieved. In its report to, the European Parliament and the Council on the implementationCommission shall review the application of Articles 9 to 12 and 15 of the dis Directive and its impact onshall evaluate the impact of this Directive on the developments of thea European defence equipment market and the a European defence technological and industrial base, having regard inter alia to the situation of small and medium-sized enterprises. If necessary, that report shall be accompanied by a legislative proposal, where appropriate.
Amendment 65 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 11
Recital 11
Amendment 76 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 15
Recital 15
(15) The availability of transparent, up-to- date and comparable tariffs is a key element for consumerand information on parameters affecting the quality of services are a key element for consumers and Small and Medium-sized Enterprises in competitive markets with several providers offering services. ConsumEnd- users of electronic communications services should be able to easily compare prices of various services offered on the market based on tariff information published in an easily accessible form. In order to allow them to make price comparisons easily, national regulatory authorities should have powers to require from operators better tariff transparency and to ensure that third parties have the right to use without charge publicly available tariffs published by undertakings providing electronic communications services. They should also make price guides available where the market has not provided them. Operators should not be entitled to any remuneration for such use of tariffs which had already been published and thus belong to the public domain. In addition, users should be adequately informed of the price involved or the type of service offered before they purchase a service, in particular if a free phone number is subject to any additional charges. The Commission should be able to adopt technical implementing measures to ensure that end-users benefit from a consistent approach to tariff transparency in the Community.
Amendment 82 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 16
Recital 16
(16) A competitive market should ensure that all users are able to have the quality of service they require, but in particular cases it may be necessary to ensure that public communications networks attain minimum quality levels so as to prevent degradation of service, the blocking of access and the slowing of traffic over the networks. In particular, the Commission should be able to adopt implementing measures with a view to identifying the quality standards to be used by the national regulatory authorities.
Amendment 88 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 22
Recital 22
(22) A single market implies that end-users are able to access all numbers included in the national numbering plans of other Member States, and to access services, including Information Society services, using non-geographic numbers within the Community, including among others freephone and premium rate numbers. End- users should also be able to access numbers from the European Telephone Numbering Space (ETNS) and universal international freephone numbers (UIFN). Cross-border access to numbering resources and to the associated service should not be prevented except in objectively justified cases, such as when this is necessary to combat fraud, and abuse e.g. in connection with certain premium-rate services, or when the number is defined as having a national scope only (e.g. national short code). Users should be fully informed in advance in a clear manner of any charges applicable to freephone numbers, such as international call charges for numbers accessible through standard international dialling codes. In order to ensure that end-users have effective access to numbers and services in the Community, the Commission should be able to adopt implementing measures. End-users should also be able to connect to any end-user (especially via IP numbers) in order to exchange data regardless of the operator they choose. The necessary operator interconnection should be free of charge.
Amendment 89 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 23
Recital 23
(23) In order to take full advantage of the competitive environment, consumers should be able to make informed choices and to change providers when it is in their interest. It is essential to ensure that they can do so without being hindered by legal, technical or practical obstacles, including contractual conditions, procedures, charges etc. This does not preclude imposing reasonable minimum contractual periods in consumer contracts. In particular account should be taken of the possibility of a simple transfer of market power by the former monopoly through offering packages of products that make competition impossible. Number portability is a key facilitator of consumer choice and effective competition in competitive markets for electronic communications, and should be implemented with the minimum of delay, taking account of the technical conditions. In order to be able to adapt number portability to market and technological evolution, including the possible porting of subscriber’s personal directories and profile information stored within the network, the Commission should be able to take technical implementing measures in this area. Assessment of whether technology and market conditions are such as to allow for porting of numbers between networks providing services at a fixed location and mobile networks should in particular take into account prices for users and switching costs for undertakings providing services at fixed locations and mobile networks.
Amendment 95 #
2007/0248(COD)
Proposal for a directive – amending act
Recital 24
Recital 24
(24) A television broadcast is a linear audiovisual media service as defined in the Audiovisual Media Services Directive of the European Parliament and of the Council of [….] 2007, which is provided by a media service provider for simultaneous viewing of programmes on the basis of a programme schedule; a media service provider may provide a number of audio or audio visual programme schedules (channels). Legal “must-carry” obligations may be applied, but only to specified broadcast channels supplied by a specified media service provider. Member States should provide a clear justification for the “must carry” obligations in their national law so as to ensure that such obligations are transparent, proportionate and properly defined. In that regard, “must carry” rules should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. “Must carry” rules should be periodically reviewed in order to keep them up-to-date with technological and market evolution in order to ensure that they continue to be proportionate to the objectives to be achieved. Given the rapid change in technology and market conditions such a full review would need to be carried out at least every three year18 months and would require a public consultation of all stakeholders. One or more broadcast channels may be complemented by services to improve accessibility for users with disabilities, such as a videotext service, subtitling service, an audio description or sign language. Or. en Justification
Amendment 107 #
2007/0248(COD)
Recital 22
(22) End-users should decide what content they want to be able to send and receive, and which services, applications, hardware and software they want to use for such purposes, without prejudice to the need to preserve the integrity and security of networks and services. A competitive market with transparent offerings as provided for in Directive 2002/22/EC should ensure that end-users are able to access and distribute any content and to use any applications and/or services of their choice, as stated in Article 8 of Directive 2002/21/EC. Given the increasing importance of electronic communications for consumers and businesses, users should be fully informed of the traffic management policies of, and subsequent possible limitations of access to applications or services imposed by, the service and/or network provider with which they conclude the contract. Where there is a lack of effective competition, national regulatory authorities should use the remedies available to them under Directive 2002/19/EC (Access Directive) to ensure that users’ access to particular types of content or application is not unreasonably restricted.
Amendment 112 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that all reasonable requests for connection at a fixed location to a public communications network are met by at least one undertakingtelephone network and for access to publicly available telephone services at a fixed location are met by at least one undertaking. The connection to such a network shall allow for the transfer between network termination points of speech communications and also other forms of communication, such as facsimile and data with at least a quality comparable to legacy telephone networks.
Amendment 115 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that all reasonable requests for connection at a fixed location to a public communications network or connection to a cellular network are met by at least one undertaking.
Amendment 120 #
2007/0248(COD)
Recital 32
(32) Member States should ensure that undertakings providing end- users with an electronic communications service designed for originating calls through a number or numbers in a national telephone numbering plan provide reliable and accurate access to emergency services with such accuracy and reliability as is technically feasible for that electronic communications service, taking into account possible lack of access in areas not covered by mobile networks. Network- independent service providerundertakings may not have control over networks and may not be able to ensure that the emergency calls made through their service are routed with the same reliability as traditional integrated telephone service providers, as they may not be able to guarantee service availability, given that problems related to the infrastructure are not under their direct control of these undertakings. Once internationally-recogniszed standards ensuring accurate and, reliable routing and connection to the emergency services are in place, all network-independent service providers should also fulfil the obligations related to access to emergency services at a level comparable to that required of other undertakings.
Amendment 120 #
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
Article 4 – paragraph 2
2. The connection provided shall be capable of supporting voice, facsimile and data communications, at data rates that are sufficient to permit functional Internet access, taking into account prevailing technologies used by the majority of subscriber comparable to average rates used by the majority of subscribers taking into account the prevailing technologies and technological feasibility.
Amendment 121 #
2007/0248(COD)
Recital 38
(38) Legal ‘must-carry’ obligations may be applied to specified radio and television broadcast channelaudiovisual media services and complementary services supplied by a specified media service provider. Audiovisual media services are defined in Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities. Member States should provide a clear justification for the ‘must carry’ obligations in their national law so as to ensure that such obligations are transparent, proportionate and properly defined. In that regard, ‘must carry’ rules should be designed in a way which provides sufficient incentives for efficient investment in infrastructure. ‘Must carry’ rules should be periodically reviewed in order to keep them up-to-date with technological and market evolution and in order to ensure that they continue to be proportionate to the objectives to be achieved. Complementary services include, but are not limited to, services designed to improve accessibility for end-users with disabilities, such as videotext, subtitling, audio description and sign language.
Amendment 122 #
2007/0248(COD)
Article 1 – point 1
Directive 2002/22/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
1. Within the framework of Directive 2002/21/EC (Framework Directive), this Directive concerns the provision of electronic communications networks and services to end-users. The aim is to ensure the availability throughout the Community of good- quality publicly available services through effective competition and choice and to deal with circumstances in which the needs of end- users are not satisfactorily met by the market. Theis Directive also includes provisions concerning certain aspects ofonsumer premises terminal equipment intended to facilitate access for disabled end-users, with particular attention being given to terminal equipment for users with special needs, including the disabled and the elderly.
Amendment 123 #
2007/0248(COD)
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 made available to the public for originating and/or receiving, directly or indirectly, national or national and international calland/or international calls and other means of communication specifically intended for disabled users using text relay or total conversation services through a number or numbers in a national or international telephone numbering plan;
Amendment 126 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2002/22/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that all reasonable requests for provision of a telephone and data communication service over the network connection referred to in paragraph 1, allowing originating and receiving of national and international calls, data and calls to emergency services via the number “112”, are met by at least one undertaking.
Amendment 127 #
2007/0248(COD)
Article 1 – point 13
Directive 2002/22/EC
Article 20 – paragraph 1 – point (b)
Article 20 – paragraph 1 – point (b)
(b) the services provided, including in particular, - information on the provider’s traffic management policies- whether or not reliable and accurate access to emergency services and caller location information is being provided and/or any limitations for provision of emergency services under Article 26 and/or the possible lack of access in areas not covered by mobile networks, - information on any limitations regarding access to and/or use of services and applications, including information on any traffic management policies which are essential to prevent degradation of service or slowing of traffic over networks and on how these may impact on the delivery of the service, - the minimum service quality levels offered, namely the time for the initial connection and, where appropriate, other quality of service parameters, as defined by the national regulatory authorities, - the types of maintenance service offered and customer support services provided, as well as the means of contacting these services, - any restrictions imposed by the provider on the use of terminal equipment supplied;
Amendment 133 #
2007/0248(COD)
Article 1 – point 13
Directive 2002/22/EC
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that national regulatory authorities are able to oblige undertakings providing connection to a public electronic communications network and/or electronic communications services to inter alia: (a) provide applicable tariff information to subscribers regarding any number or service subject to particular pricing conditions; with respect to individual categories of services, national regulatory authorities may require such information to be provided immediately prior to connecting the call; (aa) regularly remind subscribers of any lack of reliable access to emergency services or caller location information in the service to which they have subscribed; (b) inform subscribers of any relevant change to the provider’s traffic management policies and subsequent possible limitations of access to applications or services; (c) inform subscribers of their right to determine whether or not to include their personal data in a directory, and of the types of data concerned, in accordance with Article 12 of Directive 2002/58/EC (Directive on privacy and electronic communications); and (d) regularly inform disabled subscribers of details of products and services designed for them. If deemed appropriate, national regulatory authorities may promote self- or co- regulatory measures prior to imposing any obligation.
Amendment 136 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 7 b (new)
Article 1 – point 7 b (new)
Directive 2002/22/EC
Article 10 – paragraph 2
Article 10 – paragraph 2
(7b) In Article 10, paragraph 2 is amended as follows: 2. 'Member States shall ensure that […] undertakings […] offering telecommunication services as defined in article 2 of directive 2002/21/EC provide the specific facilities and services set out in Annex I, Part A, in order that subscribers can monitor and control expenditure and avoid unwarranted disconnection of service.'
Amendment 139 #
2007/0248(COD)
Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3a. To ensure quality of services, operators may use traffic management policies, namely the procedures put in place by the provider in order to measure and control traffic on a network link so as to avoid filling the link to capacity or overfilling the link, which would result in network congestion and poor performance.
Amendment 141 #
2007/0248(COD)
Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 3 b (new)
Article 22 – paragraph 3 b (new)
3b. Traffic management policies are deemed appropriate and reasonable as long as it can be proved that they are not anti-competitive or do not give preferential treatment to the services or applications of the network operators or their commercial partners over the services and applications of other providers.
Amendment 141 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 11
Article 1 – point 11
Directive 2002/22/EC
Article 18
Article 18
(11) Articles 18 and 19 areis deleted.
Amendment 142 #
2007/0248(COD)
Article 1 – point 13
Directive 2002/22/EC
Article 22 – paragraph 3 c (new)
Article 22 – paragraph 3 c (new)
3c. The minimum quality of services requirements may oblige operators to use traffic management policies, namely the procedures put in place by the provider in order to measure and control traffic on a network link so as to avoid filling the link to capacity or overfilling the link, which would result in network congestion and poor performance.
Amendment 143 #
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 – introductory part
Article 20 – paragraph 2 – introductory part
Member States shall ensure that, where subscribing to services providing connection to a public communications network and/or publicly available telephone services, consumend-users have a right to a contract with an undertaking or undertakings providing such services and/or connection. The contract shall specify at least:
Amendment 144 #
2007/0248(COD)
Article 1 – point 16
Directive 2002/22/EC
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member States shall ensure that, to the extent technically feasible, undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority. This applies to all calls to the single European emergency call number ‘112’. Member States may extend this obligation to cover calls to national emergency numbers. Where undertakings referred to in paragraph 2 wish to claim that providing caller location information is not technically feasible, they shall bear the burden of proving this.
Amendment 145 #
2007/0248(COD)
Article 1 – point 21
Directive 2002/22/EC
Article 31 – paragraph 1 – subparagraph 1
Article 31 – paragraph 1 – subparagraph 1
1. Member States may impose reasonable ‘must carry’ obligations, for the transmission of specified radio and television broadcast channelaudiovisual media services and complementary services, particularly accessibility services to enable appropriate access for disabled end-users, on undertakings under their jurisdiction providing electronic communications networks used for the distribution of radio or television broadcast channelaudiovisual media services to the public where a significant number of end- users of such networks use them as their principal means to receive radio and television broadcast channelaudiovisual media services. Such obligations shall only be imposed where they are necessary to meet general interest objectives as clearly and specifically defined by each Member State and shall be proportionate and transparent.
Amendment 146 #
2007/0248(COD)
Article 1 – point 21 a (new)
Directive 2002/22/EC
Article 32 a (new)
Article 32 a (new)
(21a) the following Article shall be inserted: ‘Article 32a Access to content, services and applications Member States shall ensure that any restrictions to users’ rights to access content, services and applications, if they are necessary, shall be implemented by appropriate measures, in accordance with the principles of proportionality, effectiveness and dissuasiveness. These measures shall not have the effect of hindering the development of the information society, in compliance with Directive 2000/31/EC, and shall not conflict with citizens’ fundamental rights, including the right to privacy and the right to due process.’
Amendment 147 #
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) (a) (new)
Article 20 – paragraph 2 – subparagraph 1 – point (h) (a) (new)
(ha) the performances of the parameters affecting the quality of services.
Amendment 152 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The information listed in paragraph 2 shall also be included in contracts concluded between consumend-users and electronic communications services providers other than those providing connection to a public communications network and/or publicly available telephone services. Member States may extend this obligation to cover other end- users.
Amendment 172 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6 c (new)
Article 20 – paragraph 6 c (new)
6c. Member States shall ensure that the maximum duration of contracts concluded between subscribers and undertakings providing electronic communications services do not exceed 12 months. Beyond this period subscribers shall be able to change operator or withdraw from the contract free of charge.
Amendment 174 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 20 – paragraph 6 e (new)
Article 20 – paragraph 6 e (new)
6e. Member States shall ensure that national regulatory authorities prevent undertakings providing electronic communication services from offering tied-in services including “blocked” cell phones.
Amendment 179 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2002/22/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that transparent, comparable, adequate and up- to date information on applicable prices and tariffs, and on standard terms and conditions, and on the level of quality of services in respect of access to and use of the services identified in Articles 4, 5, 6, and 7 is available to end-users and consumers, in accordance with the provisions of Annex II.
Amendment 184 #
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 comparable, adequate and up-to- date information on applicable prices and tariffs in respect of access and use of their services provided to consumend-users. Such information shall be published in an easily accessible form.
Amendment 203 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 13 – point b b (new)
Article 1 – point 13 – point b b (new)
Directive 2002/22/EC
Article 22 – paragraph 3 b (new)
Article 22 – paragraph 3 b (new)
(bb) In Article 22 a new paragraph is inserted: "3b. National regulatory authorities shall ensure that undertakings offering telecommunication services ensure subscribers can send and receive any form of content, can make use of any service and application and can connect and make use of any hard- and software without discriminating against particular providers and without prejudice of the needs to preserve the integrity and security of the networks."
Amendment 229 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 16
Article 1 – point 16
Directive 2002/22/EC
Article 28 – paragraph 1 – subparagraph 1 – point (b)
Article 28 – paragraph 1 – subparagraph 1 – point (b)
(b) end-users are able to access all numbers provided in the Community regardless of the technology used by the operator, including those in the national numbering plans of Member States, those from the European Telephone Numbering Space and Universal International Freephone Numbers.
Amendment 264 #
2007/0248(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2002/22/EC
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
Member States shall ensure that transparent, simple and inexpensive out-of- court procedures are available for dealing with unresolved disputes between consumend- users and undertakings providing electronic communications networks and/or services, relating to the contractual conditions and/or performance of contracts concerning supply of such networks or services. Member States shall adopt measures to ensure that such procedures enable disputes to be settled fairly and promptly and may, where warranted, adopt a system of reimbursement and/or compensation. Member States may extend these obligations to cover disputes involving other end-users.
Amendment 269 #
2007/0248(COD)
Proposal for a directive – amending act
Annex I – Part A – point (a)
Annex I – Part A – point (a)
Directive 2002/22/EC
Annex I – Part A – point (a)
Annex I – Part A – point (a)
Member States are to ensure that national regulatory authorities, subject to the requirements of relevant legislation on the protection of personal data and privacy, may lay down the basic level of itemised bills which are to be provided by designated undertakings (as established in Article 8) to consumend-users free of charge in order that they can:
Amendment 272 #
2007/0248(COD)
Proposal for a directive – amending act
Annex I – Part A – point e a (new)
Annex I – Part A – point e a (new)
Directive 2002/22/EC
Annex I – Part A – point e a (new)
Annex I – Part A – point e a (new)
(ea) Cost control Member States shall ensure that national regulatory authorities require all undertakings providing electronic communication services, to offer means for subscribers to control the costs of telecommunication services including free of charge alerts to consumers in case abnormal consumption patterns.
Amendment 276 #
2007/0248(COD)
Proposal for a directive – amending act
Annex I – Part A – point e f (new)
Annex I – Part A – point e f (new)
Directive 2002/22/EC
Annex I – Part A – point e f (new)
Annex I – Part A – point e f (new)
(ef) Best advice Member States shall ensure that national regulatory authorities require all undertakings providing electronic communication services to recommend consumers at least once a year their best available tariff package, on the basis of the consumer’s consumption patterns of the previous year.
Amendment 11 #
2007/0238(CNS)
Proposal for a directive – amending act
Recital 6
Recital 6
(6) Experience gained during the recent implementation of the current procedure, whereby the Commission is charged with deciding whether a risk of distortion of competition exists as a result of the application of a reduced VAT rate to natural gas, electricity and district heating, has demonstrated that the procedure is obsolete and superfluous. The rules for determining the place of taxation ensure that VAT is levied at the place where the natural gas, electricity, heat and refrigeration are actually consumed by the customer. They thus prevent any distortion of competition between Member States. Nevertheless, it is still important that the Commission and the other Member States be properly informed whenever a Member State introduces a lower rate in this very sensitive sector. Those reduced VAT rates must be designed to achieve other Community objectives, such as energy or environmental objectives linked to the European Union's commitment under the Kyoto Protocol. Consequently, a prior consultation procedure involving the VAT Committee is needed.
Amendment 8 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) In order to ensure efficient and non- discriminatory network access it is appropriate that the transmission and distribution systems are operated through legally separate entities where vertically integrated undertakings exist. The Commission should assess measures of equivalent effect, developed by Member States to achieve this requirement, and, where appropriate, submit proposals to amend this Directive. Different approaches need to be taken for transmission and distribution and therefore the Commission should resolve the persisting difficulties - notably network connections for new entrants, in particular for biogas and gas from biomass producers - by strengthening the powers of the regulators.
Amendment 11 #
2007/0196(COD)
Proposal for a directive – amending act
Recital 10 a (new)
Recital 10 a (new)
(10a) To facilitate efficient market integration, the process of unbundling should enable several transmission systems to be operated together, for example by a Regional Independent System Operator.
Amendment 15 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2003/55/EC
Article 1 – paragraph 2
Article 1 – paragraph 2
(-1) Article 1(2) shall be replaced by the following: 2. The rules established by this Directive for natural gas, including liquefied natural gas (LNG), shall also apply in a non-discriminatory way to biogas and gas from biomass or other types of gas in so far as such gases can technically and safely be injected into, and transported through, the natural gas system.
Amendment 17 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 1 a
Article 1 – point 1 a
Directive 2003/55/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 19 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2003/55/EC
Article 5
Article 5
(2a) Article 5 shall be replaced by the following: Member States shall ensure the monitoring of security of supply issues. Where Member States consider it appropriate, they may delegate this task to the regulatory authorities referred to in Article 25(1). This monitoring shall, in particular, cover the supply/demand balance on the national market, the level of expected future demand and available supplies, envisaged additional capacity being planned or under construction, and the quality and level of maintenance of the networks, the use of biogas and gas from biomass, as well as measures to cover peak demand and to deal with shortfalls of one or more suppliers. The competent authorities shall publish, by 31 July each year at the latest a report outlining the findings resulting from the monitoring of these issues, as well as any measures taken or envisaged to address them and shall forward this report to the Commission forthwith.
Amendment 28 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2003/55/EC
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
(6a) In Article 8 the following paragraph shall be added: "4a. Transmission system operators shall build sufficient interconnection capacity between their transmission infrastructure in order to meet all reasonable demands for capacity, facilitate an efficient overall market, and fulfil gas security of supply criteria."
Amendment 29 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 6 b (new)
Article 1 – point 6 b (new)
Directive 2003/55/EC
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
(6b) In Article 8, the following paragraph shall be added: "4b. Transmission system operators shall maximise the transmission capacity offered to the market and in the allocation and interruption of capacity on both sides of a border do not discriminate between suppliers inside and outside their home country."
Amendment 30 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9
Article 9
Article deleted
Amendment 32 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/55/EC
Article 9a
Article 9a
Article deleted
Amendment 45 #
2007/0196(COD)
Proposal for a directive – amending act
Article 1 – point 14
Article 1 – point 14
Directive 2003/55/EC
Article 24c – paragraph 1 – point b
Article 24c – paragraph 1 – point b
(b) cooperating on cross-border issues with the regulatory authority or authorities of those Member States including to ensure that transmission system operators jointly and severally build sufficient interconnection capacity between their transmission infrastructure in order to satisfy an efficient overall market assessment and gas security of supply criteria without discriminating between suppliers in different Member States;
Amendment 20 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2003/54/EC
Article 3 – paragraph 2 (new)
Article 3 – paragraph 2 (new)
(1a) Article 3(2) shall be replaced by the following: 2. Having full regard to the relevant provisions of the Treaty, in particular Article 86 thereof, Member States may impose on undertakings operating in the electricity sector, in the general economic interest, public service obligations which may relate to security, including security of supply, regularity, quality and price of supplies and environmental protection, including energy efficiency, community targets for the use of renewable energy, and climate protection. Such obligations shall be clearly defined, transparent, non discriminatory, verifiable and shall guarantee equality of access for EU electricity companies to national consumers. In relation to security of supply, energy efficiency/demand-side management and for the fulfilment of environmental and renewable energy goals, as referred to in this paragraph, Member States may introduce the implementation of long term planning, taking into account the possibility of third parties seeking access to the system.
Amendment 24 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2003/54/EC
Article 3 – paragraph 10 a (new)
Article 3 – paragraph 10 a (new)
10a. In order to balance the negative impact of liberalisation against the efficient use of electricity, Member States shall ensure that a minimum of 2 % of all electricity revenues from domestic consumers is spent to fund energy efficiency and demand-side measurement programmes for domestic consumers. Private and public electricity undertakings, energy service companies, regional and local bodies and non- governmental organisations may apply for such funding to (co)finance the promotion of efficient energy programmes for domestic consumers with a special emphasis on vulnerable consumers. The management and details of the attributions of the funding shall be decided in accordance with the principle of subsidiarity.
Amendment 29 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2003/54/EC
Article 7a (new)
Article 7a (new)
Amendment 54 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2003/54/EC
Article 9 – paragraphs 1 a and 1 b (new)
Article 9 – paragraphs 1 a and 1 b (new)
(6a) In Article 9, the following paragraphs shall be added: "(1a) Transmission system operators shall build sufficient interconnection capacity between their transmission infrastructure in order to meet all reasonable demands for capacity, facilitate an efficient overall market, and fulfil security of supply criteria. (1b) Transmission system operators shall maximise the transmission capacity offered to the market and in the allocation and interruption of capacity on both sides of a border do not discriminate between suppliers inside and outside their home country."
Amendment 60 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2003/54/EC
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
(8a) In Article 11, the following paragraph shall be added: "7a. Priority shall be given to electricity from renewable energy sources, combined heat and power and other embedded generation and the costs of connecting new producers of electricity from renewable energy sources and combined heat and power should be objective, transparent and non-discriminatory. A European benchmarking system shall ensure that there are no obstacles to the stimulation of dispersed generation."
Amendment 61 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 9 a (new)
Article 1 – point 9 a (new)
Directive 2003/54/EC
Article 14 – paragraph 4
Article 14 – paragraph 4
Amendment 74 #
2007/0195(COD)
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/54/EC
Article 22c – paragraph 14 a (new)
Article 22c – paragraph 14 a (new)
14a. Member States shall establish a Gas and Electricity Consumer Council to act as a consumer protection body, operating independently of the regulatory body. Providing a single point of contact for consumers, the Gas and Electricity Consumer Council shall: (a) investigate complaints against utility companies; (b) provide advice on consumer needs to the regulator, government and companies; and (c) have clearly stated rights of access to information and the power to publish that information with the aim of promoting high standards of energy supply and physical energy services for consumers.
Amendment 94 #
2007/0143(COD)
Proposal for a directive
Recital 36
Recital 36
(36) The Solvency Capital Requirement should reflect a level of eligible own funds that enables insurance and reinsurance undertakings to absorb significant losses and that gives reasonable assurance to policyholders and beneficiaries that payments will be made as they fall due. In this respect, an appropriate balance should be struck between the average maturity of risk-covering commitments and the volatility of assets.
Amendment 103 #
2007/0143(COD)
Proposal for a directive
Recital 57 a (new)
Recital 57 a (new)
(57a) Subject to Community and national law, mutual companies, mutual associations and provident societies are able to come together by forming concentrations or groups. Groups are not constituted with capital ties but through formalised long-lasting financial relationships that guarantee a financial solidarity between the affiliated companies. In the event that a significant or dominant influence is exercised through such a group, however, it shall be supervised according to the same rules as those provided for groups constituted through capital ties in order to achieve an adequate level of protection for policyholders and a level playing field between groups.
Amendment 122 #
2007/0143(COD)
Proposal for a directive
Recital 93 a (new)
Recital 93 a (new)
(93a) In accordance with this Directive (Solvency II), which repeals Directive 2002/83/EC, pension activities that were previously subject to certain provisions of Directive 2002/83/EC are subject to the corresponding provisions of Solvency II. The economics- based provisions of Solvency II address the specificities of the pension activities. Together with the review of Directive 2003/41/EC this Directive should therefore enhance the convergence of supervisory practices as regards insurance undertakings and pension funds. The review of Directive 2003/41/EC, which was due in 2007, should be carried out by the Commission with the view of enhancing the level- playing field for all operators in the pensions market, namely insurance undertakings or pension funds.
Amendment 216 #
2007/0143(COD)
Proposal for a directive
Article 70 – paragraph -1 (new)
Article 70 – paragraph -1 (new)
Member States shall ensure that in the exercise of the supervisory authorities’ responsibilities, their national mandate refers to the following objectives: (a) convergent implementation in the Community of this Directive and its implementing measures, and, insofar as possible, convergent application of guidelines and recommendations adopted by the Committee of European Insurance and Occupational Pensions Supervisors; (b) financial stability in other Member States.
Amendment 220 #
2007/0143(COD)
Proposal for a directive
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
The Committee of European Insurance and Occupational Pensions Supervisors shall, where necessary, provide for non-legally binding guidances to enhance the convergence of supervisory practices pursuant to this Directive. The Committee shall report regularly on the progress of the supervisory convergence in the Community.
Amendment 357 #
2007/0143(COD)
Proposal for a directive
Article 105 – paragraph 4 – subparagraph 1
Article 105 – paragraph 4 – subparagraph 1
4. Where health insurance is pursued on a similar technical basis to that of life insurance as referred to in Article 213, the specialThe health underwriting risk module shall reflect the risk arising from the underwriting of health insurance contracts, following from both the perils covered and the processes used in the conduct of business.
Amendment 361 #
2007/0143(COD)
Proposal for a directive
Article 105 – paragraph 4 – subparagraph 2 – points a to c
Article 105 – paragraph 4 – subparagraph 2 – points a to c
(a) the risk of loss, or of adverse changehealth long term sub-module, covering underwriting risk in the value ofalth insurance liabilities, resulting from changes in the level, trend, or volatility of the expenses incurred in servicing inthat is practised on a similar technical basis to that of life assurance oras reinsurance contracts (health expense risk); (b) the risk of loss, or of adverse change in the value of insurance liabilities, resulting from fluctuations in the timing, frequency and severity of insured events, and in the timing and amount of claim settlements at the time of provisioning (health premium and reserve risk); (c) the risk of loss, or of advferred to in Article 213; (b) the accident and health short-term sub-module, covering underwriting risk of short-term health and accident lines of business; (c) the workerse change in the value of insurance liabilities, resulting from the significantompensation sub-module, covering uncdertainty of pricing and provisioning assumptions related to outbreaks of major epidemics, as well as the unusual accumulation of risks under such extreme circumstances (health epidemic risk)writing risk in workers’ compensation lines of business.
Amendment 371 #
2007/0143(COD)
Proposal for a directive
Article 105 – paragraph 5 – subparagraph 2 a (new)
Article 105 – paragraph 5 – subparagraph 2 a (new)
The equity (respectively property) risk sub-module shall be calculated using the Value-at-Risk based on the annualised return on equities (respectively annualised return on property) subject to a confidence level of 99.5% taking duly into account the holding period of equities (respectively property), consistently with the duration of liabilities, the amount of own funds in excess of technical provisions and Solvency Capital Requirement and the long-term nature of the investment in the case of participations.
Amendment 376 #
2007/0143(COD)
Proposal for a directive
Article 105 – paragraph 5 – subparagraph 2 b (new)
Article 105 – paragraph 5 – subparagraph 2 b (new)
Notwithstanding subparagraph 2a, insurance and reinsurance undertakings may assess the impact of the changes of market prices of equity (or property) by simulating a fixed shock in equity (or property) prices.
Amendment 504 #
2007/0143(COD)
Proposal for a directive
Article 210 – paragraph 2 a (new)
Article 210 – paragraph 2 a (new)
2a. For the purposes of this Title, any undertakings that have set up long-lasting financial relationships through a legal entity shall be deemed to be related undertaking and the legal entity shall be deemed to be a participating undertaking, in the event that the following conditions are met: (a) the setting up and dissolution of such financial relationships are subject to prior approval of the supervisory authority of the Member State where the legal entity is situated; (b) in the opinion of the supervisory authority of the Member State where the legal entity is situated, the legal entity effectively exercises, through such financial relationships a significant influence over the undertakings concerned. In addition, where, in the opinion of the supervisory authority referred to in the first subparagraph, the legal entity effectively exercises a dominant influence over any of the undertakings in respect of which long-lasting financial relationships have been set up, those undertakings shall be considered to be subsidiaries and the legal entity shall be deemed to be their parent undertaking.
Amendment 13 #
2005/0283(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) This Directive addresses the need to provide additional support for public authorities through financial incentives and incentives relating to information and education.