169 Amendments of Pavel SVOBODA
Amendment 125 #
2018/2037(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the CAP must play an important role in overcoming stagnation and volatility of farm incomes which, despite the concentration and intensification of production and increasing productivity, are still lower than in the rest of the economy and in comparison to EUs key competitors;
Amendment 240 #
2018/2037(INI)
Motion for a resolution
Recital J
Recital J
J. whereas while the focus on research and development for both product and process innovation is to be welcomed, more must be done to translate the results of research into food and farming practice, facilitated by EU-wide agricultural extension services;
Amendment 263 #
2018/2037(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the competitive agriculture and food sector must be incentivised to continue to contribute to the environmental care and climate action objectives of the EU set out in international agreements such as the Paris Agreement and the UN SDGs;
Amendment 494 #
2018/2037(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to grant more flexibility to Member States and regions within the framework of the agricultural de minimis rules, while securing the integrity of the internal market;
Amendment 773 #
2018/2037(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that, provided that a level playing field in the single market can be guaranteed, voluntary coupled support (VCS) payments should be maintained, as a tool to counteract specific difficulties, particularly those arising from the structural competitive disadvantage of less- favoured and mountainous regions, as well as those which are more temporary in nature and arise from a shift away from the old entitlement scheme, for example;
Amendment 1037 #
2018/2037(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to foster innovation and modernisation in agriculture and food sector by supporting training and agricultural extension as a pre- condition in programme design and implementation in all Member States, while fostering the transfer of know-how and the exchange of best practice models between Member States;
Amendment 684 #
2018/0216(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In order to ensure a fairer distribution of income support, the Member States should decide that the amounts of direct payments above a certain ceiling should be reduced and the product should either be used for decoupled direct payments and in priority for the complementary redistributive income support for sustainability, or be transferred to the EAFRD. In order to avoid negative effects on employment, labour should be taken into account when applying the mechanism.
Amendment 767 #
2018/0216(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Member States should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness, sustainability, and/or quality in certain sectors and productions, especially livestock sector and special crop production, that are particularly important for social, economic or environmental reasons and undergo certain difficulties, and where other tools are not sufficient enough or don´t exist. Member States should be free to identify the sectors that should benefit from this. Furthermore, Member States should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the Union'’s deficit in this regard.
Amendment 921 #
2018/0216(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Support for direct payments under the CAP Strategic Plans should be granted within national allocations to be fixed by this Regulation. These national allocations should reflect a continuation of the changes whereby the allocations to Member States with the lowest support level per hectare are gradually increased to close 50%off of the gap towards 90% of the Union average. In order to take into account the reduction of payments' mechanism and the use of its product in the Member State, the total indicative financial allocations per year in the CAP Strategic Plan of a Member State should be allowed to exceed the national allocation.
Amendment 1242 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) 'genuine farmers' shall be definedthe Member States may define "genuine farmers" in a way to ensure that no support is granted to those whose agricultural activity forms only an insignificant part of their overall economic activities or whose principal business activity is not agricultural, while not precluding from support pluri-active farmers. The definition shall allow to determine which farmers are not considered genuine farmers, based on conditions such as income tests, labour inputs on the farm, company object and/or inclusion in registers.
Amendment 1258 #
2018/0216(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e – point i
Article 4 – paragraph 1 – point e – point i
(i) a maximum age limit that may non indicative age limit without exceeding 405 years shall be decided by the Member States;
Amendment 1839 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 1 – introductory part
Article 15 – paragraph 1 – introductory part
1. Member States shallmay reduce the amount of direct paymentsbasic income support to be granted to a farmer pursuant to this Chapter for a given calendar year exceeding EUR 60 000 as follows:a financial ceiling set by the Member State
Amendment 1853 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
Amendment 1871 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 1886 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
Amendment 1904 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
Amendment 1929 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Before applying paragraph 1, Member States shall subtract from the amount of direct paymentsbasic income support to be granted to a farmer pursuant to this Chapter in a given calendar year:
Amendment 1940 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
(a) the salaries linked to an agricultural activity and related activities declared by the farmer, including taxes and social contributions related to employment; and
Amendment 1949 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point b
Article 15 – paragraph 2 – subparagraph 1 – point b
(b) the equivalent cost of regular and unpaid labour linked to an agricultural activity and related activities practiced by persons working on the farm concerned who do not receive a salary, or who receive less remuneration than the amount normally paid for the services rendered, but are rewarded through the economic result of the farm business.
Amendment 1966 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
To calculate the amounts referred to in points a) and b), Member States shall use the average standarentire amounts of labour costs and salaries linked to an agricultural activity and related activities at national or regional level multiplied by the number of annual work units declared by the farmer concerned.
Amendment 1982 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1
Article 15 – paragraph 3 – subparagraph 1
The estimated product of the reduction of payments shallmay primarily be used to contribute to the financing of the complementary redistributive income support for sustainability and thereafter of other interventions belonging to decoupled direct payments.
Amendment 2004 #
2018/0216(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 2195 #
2018/0216(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shallmay provide for a complementary redistributive income support for sustainability (‘redistributive income support’) under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Amendment 2205 #
2018/0216(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shallmay ensure redistribution of support from bigger to smaller or medium-sized farms by providing for a redistributive income support in the form of an annual decoupled payment per eligible hectare to farmers who are entitled to a payment under the basic income support referred to in Article 17.
Amendment 4023 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1
Article 86 – paragraph 2 – subparagraph 1
At least 30% of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for interventions of all types addressing the specific environmental- and climate-related objectives set out in points (d), (e) and (f) of Article 6(1) of this Regulation, excluding interventions based on Article 66.
Amendment 4079 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 5 – subparagraph 1
Article 86 – paragraph 5 – subparagraph 1
The indicative financial allocations for the coupled income support interventions referred to in Subsection 1 of Section 2 of Chapter II of Title III, shall be limited to a maximum of 106% of the amounts set out in Annex VII.
Amendment 4123 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 5 – subparagraph 3
Article 86 – paragraph 5 – subparagraph 3
The percentage referred to in the first subparagraph, may be increased by a maximum of 24%, provided that the amount corresponding to the percentage exceeding the 106% is allocated to the support for protein crops under Subsection 1 of Section 2 of Chapter II of Title III.
Amendment 258 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 263 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
d) any persons working under the supervision and direction of contractors, subcontractors and suppliers.eleted
Amendment 266 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 287 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activities or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;
Amendment 313 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting or disclosure which occurs in a work-related context and causes or may cause unjustified detriment to the reporting person;
Amendment 133 #
2017/0121(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Since there is no sufficient link of a driver with a territory of a Member State of transit, transit operations should not be considered as posting situations. Furthermore, when a driver and the vehicle returns regularly back to the Member State of establishment of the transport operator, the economic link would predominantly be with the Member State of establishment of the transport operator.
Amendment 145 #
2017/0121(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to adapt the Annexes of this Directive to developments in best practice, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending those Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making\*. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 151 #
2017/0121(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to reduce administrative burden of transport operators which are often small and medium-sized enterprises, it would be appropriate to simplify the process of sending declarations on posting by transport operators through standardised forms with some pre-defined elements translated in all official languages of the Union.
Amendment 172 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and, as far as checks at premises are concerned, of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 176 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2006/22/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The information submitted to the Commission in accordance with Article 17 of Regulation (EC) No 561/2006 shall include the number of drivers checked at the roadside, the number of checks at the premises of undertakings, the number of working days checked at premises and the number and type of infringements reported, together with a record of whether passengers or goods were transported.
Amendment 188 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulations (EC) No 561/2006 orand (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 222 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b a (new)
Article 1 – paragraph 1 – point 7 – point b a (new)
Directive 2006/22/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
(ba) paragraph 3 is replaced by the following: "An initial list of infringements of Regulation (EEC) No 3820/85 and (EEC) No 3821/85561/2006 and Regulation (EU) No 165/2014 is set out in Annex III. With a view to giving guidelines on the weighting of infringements of Regulations (EEC) No 3820/85 and (EEC) No 3821/85, the Commission may, as appropriate, in accordance with the procedure referred to in Article 12(2), adapt561/2006 and Regulation (EU) No 165/2014, the Commission is empowered to adopt delegated acts in accordance with Article15a amending Annex III with a view to establishing guidelines on a common range of infringements, divided into categories according to their gravity. The category for the most serious infringements should include those where failure to comply with the relevant provisions of Regulations (EEC) No 3820/85 and (EEC) No 3821/85561/2006 and Regulation (EU) No 165/2014 create a serious risk of death or serious personal injury. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02006L0022- 20170101&qid=1519206490721&from=EN)
Amendment 235 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2006/22/EC
Article 15
Article 15
Amendment 237 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Directive 2006/22/EC
Article 15 a (new)
Article 15 a (new)
(8b) the following Article 15a is added: Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 9(3) and Article 15 shall be conferred on the Commission for a period of 5 years from [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 9(3) and Article 15 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 9(3) and Article 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council."
Amendment 246 #
2017/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 324 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
Where a driver and the vehicle return to the Member State of the establishment of the transport operator between any two entries in the same host Member State within a calendar month, the 3 day period as referred to in paragraph 2 of this Article shall start counting again.
Amendment 326 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 b (new)
Article 2 – paragraph 2 – subparagraph 2 b (new)
This Directive and Directive 96/71/EC shall not apply to transit operations.
Amendment 402 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States where transport operations, including transit, are carried out, may only impose the following administrative requirements and control measures:
Amendment 420 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 459 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
Article 2 – paragraph 4 – point a – point vi a (new)
(via) loading and unloading points;
Amendment 461 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi b (new)
Article 2 – paragraph 4 – point a – point vi b (new)
(vib) the identity and the contact details of consignee or consignor;
Amendment 542 #
2017/0121(COD)
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Transport operators shall be allowed to send a declaration as referred to in point (a) of paragraph 4 through the Internal Market Information system as referred to in Regulation (EU) No 1024/2012 in the language of its home Member State. The Commission shall, via implementing acts, lay down technical details and set a common format for the declaration in all official languages of the EU, including pre-defined contacts to national competent authorities. For this purpose, Member States shall communicate the national competent authorities to the Commission.
Amendment 87 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 170 – paragraph 1 – point c a (new)
Rule 170 – paragraph 1 – point c a (new)
(ca) it seeks to amend a proposal for codification of Union legislation. however, the second subparagraph of Rule 103(3) shall apply mutatis mutandis;
Amendment 88 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 170 – paragraph 1 – point c b (new)
Rule 170 – paragraph 1 – point c b (new)
Amendment 876 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 4 – paragraph 4 – subparagraph 2
Rule 4 – paragraph 4 – subparagraph 2
Where the competent authorities of the Member States ornotify the President of the Unionend orf the Member concerned notify the President of an appointment or election to an office incompatible with the office of Member of the European Parliament within the meaning ofterm of office of a Member of the European Parliament as a result either of an additional incompatibility established by the law of that Member State in accordance with Article 7(1) or (23) of the Act of 20 September 1976, the President shall inform Parliament, which shall establish that there is a vacancy or of the withdrawal of the Member's mandate pursuant to Article 13(3) of that Act, the President shall inform Parliament that the term of office of that Member ended on the date communicated by the Member State. Where no such date is communicated, the date of the end of the term of office shall be the date of the notification by that Member State.
Amendment 882 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 3
Rule 9 – paragraph 3
3. The committee shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request for the waiver of immunity or for the defence of privileges and immunities. No amendments may be tabled to such a proposal. If the proposal is rejected, a contrary decision shall be deemed to have been adopted.
Amendment 886 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 8 – subparagraph 1
Rule 9 – paragraph 8 – subparagraph 1
The committee's reportproposal for a decision shall be placed at the head ofon the agenda of the first sitting following the day on which it was tabled. No amendments may be tabled to thesuch a proposal(s) for a decision.
Amendment 960 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 39 – paragraph 4
Rule 39 – paragraph 4
4. IWhere appropriate, after exchanging views with the Council and the Commission in accordance with the arrangements agreed at interinstitutional level1a, if the committee responsible for legal affairs decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament. Without prejudice to Rule 63, Parliament shall vote on this before voting on the substance of the proposal. __________________ 1aInterinstitutional Agreement of 13 April 2016 on Better-Law Making, paragraph 25 (OJ L 123, 12.5.2016, p. 1)
Amendment 961 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 42 – paragraph 2 – subparagraph 1 a (new)
Rule 42 – paragraph 2 – subparagraph 1 a (new)
Where the committee responsible for the subject-matter is of the opinion that a proposal for a legislative act, or parts of it, does not comply with the principle of subsidiarity, it shall request the opinion of the committee responsible for respect of the principle of subsidiarity. Such request shall be made no later than four weeks of the announcement in Parliament of referral to the committee responsible for the subject-matter.
Amendment 982 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 1
Rule 63 – paragraph 1 – indent 1
– where the Commission withdrawsreplaces, substantially amends or intends substantially to amend its initial proposal after Parliament has adopted its position, in order to replace it with another text, except where this is done in order to take account of Parliament's position; orif the Commission intends to modify the legal basis provided for in its initial proposal, with the result that the ordinary legislative procedure would no longer apply, the President may also act at the request of the committee responsible for legal affairs;
Amendment 983 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 2
Rule 63 – paragraph 1 – indent 2
Amendment 984 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 3
Rule 63 – paragraph 1 – indent 3
– where, through the passage of time or changes in circumstances, the nature of the problem with which the proposal is concerned substantially changes; or
Amendment 985 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 2
Rule 63 – paragraph 2
2. ParliamThe President shall, at the request of the committee responsible, ask the Council to refer again to Parliament a proposal submitted by the Commission pursuant to Article 294 of the Treaty on the Functioning of the European Unio for the subject-matter or the committee responsible for legal affairs, ask the Council to refer a draft legislative act to Parliament again, where the Council intends to modify the legal basis of the proposalprovided for in Parliament's position at first reading with the result that the ordinary legislative procedure willould no longer apply.
Amendment 1077 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 141 – paragraph 4 a (new)
Rule 141 – paragraph 4 a (new)
4a. In urgent cases, the President, where possible after consulting the Chair and rapporteur of the committee responsible for legal affairs, may take precautionary action in order to comply with the relevant time-limits. In such cases, the procedure provided for in paragraphs 3 or 4 shall, as applicable, be implemented at the earliest opportunity.
Amendment 1078 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 141 – paragraph 4 b (new)
Rule 141 – paragraph 4 b (new)
4b. The committee responsible for legal affairs shall lay down principles for the application of this Rule.
Amendment 29 #
2016/0284(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand and need for access to broadcasts of television and radio programmes, including catch-up services, not only originating in their Member State but also in other Member States of the Union, includingespecially from members of linguistic minorities of the Union as well as from, persons who live in another Member State than their Member State of origin as well as persons who study other languages than their mother tongue.
Amendment 40 #
2016/0284(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance.
Amendment 61 #
2016/0284(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.
Amendment 70 #
2016/0284(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary tof broadcasters and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.
Amendment 78 #
2016/0284(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.
Amendment 164 #
2016/0284(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary online service as well as the access to or the use of an ancillary online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.
Amendment 203 #
2016/0284(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) "ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non-linear radio or television programmes before, simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast;
Amendment 236 #
2016/0284(COD)
Proposal for a regulation
Article 2 – title
Article 2 – title
Application of the principle of ‘country of origin’ to ancillary online services
Amendment 247 #
2016/0284(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.
Amendment 272 #
2016/0284(COD)
Exercise of the rights in retransmission and in re-use of broadcasting organisations' on-demand services by right holders other than broadcasting organisations
Amendment 300 #
2016/0284(COD)
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5 a) The principles of paragraphs 1 to 5 shall apply also to the integral re-use of the broadcasting organisation’s on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.
Amendment 311 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 330 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 345 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 462 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend tocould be in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequppropriate information by their contractual counterparts orand transferees or licensees and by their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.
Amendment 469 #
2016/0280(COD)
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered. Member States should consult all relevant stakeholders as that should help determine sector-specific requirements and facilitate the design of standard reporting statements and procedures for each sector. Collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency and where collective bargaining agreements containing transparency are in place the obligations, a of transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EUparency shall be deemed to have been satisfied. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for.
Amendment 478 #
2016/0280(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Certain contracts for the exploitation of rights harmonised at Union level are of long durationfor the entire duration of copyright, offering fewno possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. Collective bargaining should be considered as an option to reach an agreement. The assessment of the situation should take account of the specific circumstances of each case as well asnd of the specificities and practices of the different content sectors. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority.
Amendment 736 #
2016/0280(COD)
Proposal for a directive
Article 11
Article 11
Amendment 891 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation and promotion, revenues generated and remuneration due.
Amendment 904 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sectorensure a high degree of transparency in every sector, as well as authors' right to audit. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, only if the level of disproportionality could be justified, and provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 912 #
2016/0280(COD)
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 951 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member states shall ensure that authors and performers or their representative organisations are entitled to claim additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to subsequent revenues and benefits derived from the exploitation of the works or performances.
Amendment 958 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
Member States shall provide authors with reversion right to enable them to terminate a contract in case of insufficient exploitation and promotion, payment of the remuneration foreseen and also in case of insufficient reporting.
Amendment 16 #
2016/0070(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1)4, 56 and 62 thereof,
Amendment 18 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workersfighting unfair competition while ensuring the respect for the rights of workers. Neither the difference in wages or salaries nor the access to capital alone can be considered as unfair competition.
Amendment 21 #
2016/0070(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. The temporary nature of providing services is to be determined on a case by case basis by the duration, the regularity, the periodicity and the continuity of the service.
Amendment 26 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
Amendment 30 #
2016/0070(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The principle of equal treatment and the prohibition of any discrimination based on nationality are enshrined in EU law since the founding Treaties. The principle of equal pay has been implemented through secondary law not only between women and men, but also between employees with fix term contracts and comparable permanent workers, between part-time and full-time workers or between temporary agency workers and comparable workers of the user undertaking. While applying these principles the related case-law of the Court of Justice of the European Union must be respected and taken into consideration.
Amendment 31 #
2016/0070(COD)
(5a) It is also necessary to take account of the reasoned opinions issued by the national parliaments of 11 Member States objecting the Commission's proposal based on the ground of the principle of subsidiarity,
Amendment 35 #
2016/0070(COD)
Proposal for a directive
Recital 8
Recital 8
Amendment 46 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suitTherefore transport services such as transit, international transport and linked cabotage are excluded forom these challenges to scope of this Directive and should be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 47 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and efficiency, orand wages are always based on a series of parameters, including experience, profile, level of responsibilities, labour market conditions or on the quality and innovation of their goods and services.
Amendment 49 #
2016/0070(COD)
Proposal for a directive
Recital 12
Recital 12
(12) It is within Member States' competence to set rules on remunerationminimum rates of pay, bonuses and allowances in accordance with their law and practicenational law. However, national rules on remuneration applied to posted workers must be proportionate and justified by the need to protect posted workers and must not disproportionately restrict the cross-border provision of services. Hence the Member States should ensure that workers posted to their territory are entitled to minimum rates of pay as well as specific categories of bonuses and allowances as specified in point (c) of Article 3(1).
Amendment 57 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreementsminimum rate of pay, bonuses and other allowances under national law should be clear and transparent to all service providers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remunerationminimum rates of pay, bonuses and other allowances on the single website provided for by Article 5 of the Enforcement Directive.
Amendment 62 #
2016/0070(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Laws, reguVia their national legislations, administrative provisions or collective agreements applicable in Member States may ensure that subcontracting does not confer on undertakings the possibilMember States have the freedom to establish on their territory appropriate measures applicable to local and foreign service providers in order to ensure compliance wityh to avoid rules guaranteeing certain terms and conditions of employment covering remuneration. Where such rules on remunerationhe applicable rules concerning posting in case of subcontracting chains. Where such rules on pays, bonuses and allowances exist at national level, the Member State may apply them in a non- discriminatory manner to undertakings posting workers to its territory provided that they do not disproportionately restrict the cross-border provision of services.
Amendment 66 #
2016/0070(COD)
Proposal for a directive
Article 1 – point 1 Directive 96/71/EC
Article 1 – point 1 Directive 96/71/EC
(-1) In Article 1, paragraph 2 is amended as follows: 2. This Directive shall not apply to merchant navy undertakings as regards seagoing personnel as well as transport services such as transit, international transport and linked cabotage.
Amendment 70 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/EC
Article 2 a
Article 2 a
Amendment 72 #
2016/0070(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8 c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
Amendment 91 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC
Article 1 – paragraph 1 – point 2 – point a Directive 96/71/EC
(c) remuneration,minimum rates of pay, bonuses and allowances including overtime rates; this point does not apply to supplementary occupational retirement pension schemes;
Amendment 96 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 112 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 96/71/EC
Article 3 – paragraph 1 a
Article 3 – paragraph 1 a
Amendment 134 #
2016/0070(COD)
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) For the calculation of the remuneration within the meaning of this Directive, minimum rates of pay and other mandatory elements, laid down by law or universally applicable collective agreements or arbitration awards, are to be taken into account, provided that these elements do not alter the relationship between the service provided by a workers and the consideration which the worker receives in return. The mandatory elements are the elements which apply to all workers and that are not optional or dependent on certain events or factors. Member States should specify in a transparent way the different elements of remuneration applicable on their territory. Posted worker should be entitled to the gross amount of remuneration which does not have to comply with the all mandatory elements but to the amount required.
Amendment 139 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(-1) in Article 1, the following paragraph is added: “2a. This Directive shall not apply to transport undertakings.”
Amendment 201 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c)., their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive."
Amendment 260 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 96/71/EC
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
(–1) In Article 1, the following paragraph 2a is inserted : 2a. This Directive shall not apply to transport undertakings.
Amendment 469 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 96/71/EC
Article 3 – paragraph 1 a b (new)
Article 3 – paragraph 1 a b (new)
(ba) The following paragraph is added: 1ab. Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration, their geographic and personal scope and the method of calculation in accordance with point (d). If the payment received by the posted worker is at least equal to the amount of constituent elements of remuneration, it shall be deemed that this posted worker has received the remuneration provided for in this Directive.
Amendment 131 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall take the necessary measures to ensure that market surveillance authorities may, where they consider it necessary and justified, be entitled to enter the premises of economic operators in the respective Member State and seize the necessary samples of vehicles, systems, components and separate technical units for the purposes of compliance testing.
Amendment 304 #
2016/0014(COD)
Proposal for a regulation
Article 34 – paragraph 6 a (new)
Article 34 – paragraph 6 a (new)
6a. If the necessary conditions for harmonised data access of the necessary stakeholders are fulfilled, the Commission should be empowered to adopt a delegated act to allow for full replacement of the paper certificate of conformity by the electronic certificate of conformity.
Amendment 322 #
2016/0014(COD)
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1
Article 47 – paragraph 3 – subparagraph 1
A manufacturer wishing to make available on the market, register or enter into service end-of-series vehicles in accordance with paragraph 1 shall submit a request for that purpose to the nationtype approval authority of the Member State that granted the EU type- approval. That request shall specify any technical or economic reasons preventing those vehicles from complying with the new type-approval requirements and shall include the VIN of the vehicles concerned.
Amendment 325 #
2016/0014(COD)
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 2
Article 47 – paragraph 3 – subparagraph 2
The nationtype approval authority concerned shall decideof the Member State that granted the EU type- approval shall, within threewo months of receipt of that request, whether to permit the placing on the market, registration and entry into service of those vehicles within the territory of the Member State concerned and determine the number of vehicles in respect of which permission may be granted.
Amendment 327 #
2016/0014(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
Amendment 358 #
2016/0014(COD)
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. For the purposes of paragraph 1, purely administrative deviations from the particulars in the EU type-approval certificate or the information package shall not be deemed to constitute a failure to conform to the approved type.
Amendment 476 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 4 – introductory part
Article 79 – paragraph 4 – introductory part
The other certificates which were issued on the basis of inspection and test reports issued by the technical service for which the notification has been suspended, restricted or withdrawn shall remain valid in the following circumstances:.
Amendment 477 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 1 – point a
Article 79 – paragraph 4 – subparagraph 1 – point a
Amendment 479 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 1 – point b
Article 79 – paragraph 4 – subparagraph 1 – point b
Amendment 480 #
2016/0014(COD)
Proposal for a regulation
Article 79 – paragraph 4 – subparagraph 2
Article 79 – paragraph 4 – subparagraph 2
Amendment 541 #
2016/0014(COD)
Proposal for a regulation
Annex V – appendix 1 – point 1.1
Annex V – appendix 1 – point 1.1
1.1 Category A (tests performed in own facilities): EN ISO/IEC 17025:2005 on the general requirements for the competence of testing and calibration laboratories. A technical service designated for category A activities may carry out or supervise the tests provided for in the regulatory acts for which it has been designated, in the facilities of a manufacturer or of its representativea designated entity.
Amendment 218 #
2015/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the importance of promoting electro-mobility and electric public transport systems, coupled with the introduction of renewable energy sources in the electricity sector, giving priority to the electrification of the rail network, tramways, electric buses (including trolleybuses), electric cars and e-bikes; stresses the potential of modern aerial tramways (cable cars), as an inexpensive and easy-to-build means of transportation, to expand the capacity of urban public transport systems;
Amendment 234 #
2015/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that public transport usage in urban areas is not clearly stated among the ten goals of the White Paper; believes that a new goal should be set of doubling public transport use in urban areas by 2030, while providing for facilities and infrastructure to facilitate door-to-door mobility of pedestrians, cyclists and elderly or handicapped people; a clear goal should be also set to double cycling by 2025; stresses that these goals need enormous investments in urban public transport infrastructure, and therefore calls on the Commission to establish an adequate funding scheme;
Amendment 511 #
2015/2005(INI)
Motion for a resolution
Paragraph 26 – indent 6 a (new)
Paragraph 26 – indent 6 a (new)
- a framework assuring interference-free radio frequencies to guarantee operation and enforcement of driving and rest times of road transport workers, road charging, road trains and future ITS applications,
Amendment 16 #
2014/2256(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works, and expressly to the Three Steps Test,
Amendment 27 #
2014/2256(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 65 #
2014/2256(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society was aimed at adapting legislation on copyright and related rights to reflect technological developments, while providing for a high level of protection of intellectual property to foster investment in creativity and innovation and creative developments, and to safeguard employment and encourage job creation;
Amendment 93 #
2014/2256(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Charter of Fundamental Rights protects the freedom of expression, the freedom of the arts and scientific research, the right to education and, the freedom to conduct a business, the right to property and the protection of intellectual property;
Amendment 100 #
2014/2256(INI)
Motion for a resolution
Recital D
Recital D
Amendment 111 #
2014/2256(INI)
Motion for a resolution
Recital E
Recital E
Amendment 118 #
2014/2256(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas measures that contribute to the further development of cultural interchange and improve legal certainty in the sector need to be considered;
Amendment 147 #
2014/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end users11 all relevant stakeholders; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
Amendment 154 #
2014/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes with concern that the vast majority of end-user respondents report facing problems when trying to access online services across the Member States, particularly where technological protection measures are used to enforce territorial restrictioninterest the diversity of uses that technological development offers to consumers which may require further assessment to put forward measures for improving the flexibility of the current legal framework to respond to sustainable and actual demand on online content available across Member States;
Amendment 163 #
2014/2256(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasizes that any reform of the copyright framework needs to find the right balance between user access and fair remuneration for creators and other rightholders and should take as a basis a high level of protection, and develop an evidence-based approach taking into consideration the interest of small and medium-sized enterprises, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market to the prejudice of consumers and rightholders;
Amendment 195 #
2014/2256(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remunerfair compensation for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 214 #
2014/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 256 #
2014/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 271 #
2014/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 297 #
2014/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that technological changes have led to renewed interest in exceptions and limitations, especially their role in the digital environment should be enjoyed without any unequal treatment as compared withand considers that the rights enjoyed by the creators of work in the digital world should be identical to those enjoyed in the analogue world, subject to the exceptions and limitations set out. Recognises that further analysis of the exceptions and limitations is sought so as to consider how thoese granted in the analogue worldcan serve the public in the digital age;
Amendment 343 #
2014/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to make mandatoryensure the proper implementation of all the exceptions and limitations referred to in Directive 2001/29/EC, to allowand to provide all necessary information to promote an equal access to cultural diversity across borders within the internal market and to improve legal certainty, while ensuring respect for the principle of subsidiarity, cultural diversity and evidence of clear cross-border impact;
Amendment 361 #
2014/2256(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses, and stresses that these should be subject to the same level of copyright protection while keeping the best balance between an efficient protection that provides for a proper remuneration for creators and the objective of the public interest for access to cultural goods and knowledge;
Amendment 407 #
2014/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. StressNotes that the ability to freely link from one resource to another is one of the fundamental building blocks of the internet; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12 ; __________________ 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesge and underlines that any further legislation must accurately reflect the existing definitions and principles set in the European case law stating that when the hyperlink allows the recipients to circumvent the restrictions on access to the protected work so that can access the protected work which was otherwise unavailable to them, then this constitutes a communication to a new public and it is subject to exclusive ricghtshof).. __________________ 12
Amendment 443 #
2014/2256(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. StreInvites the Commission to assess the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposeswhether data analysis activities could be covered by the exception for scientific research contained in Article 5.3.a) of the current Directive, which provides for an exception to the right of reproduction (Article 2) when the protected work is used, and whether it enables automated analytical techniques for text and data, provided that permission to read the work has been acquired;
Amendment 478 #
2014/2256(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the adoption of a mandatory exception allowing libraries to lend books to the public in digital formats, irrespective of the place of accesRecognizes the importance of libraries for access to knowledge and encourages the rightholders to identify appropriate market-based solutions to enable libraries to realise their potential in the digital environment while respecting the interests of all stakeholders included consumers;
Amendment 548 #
2014/2256(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 24 #
2014/2242(INI)
Motion for a resolution
Recital B
Recital B
B. whereas about 50 % of journeys in urban areas are shorter than 5 km and could therefore in particular circumstances be made on foot or by bicycle or public/collective transport;
Amendment 51 #
2014/2242(INI)
Motion for a resolution
Recital E
Recital E
E. whereas more than 30 % of road fatalities and serious injuries happen in urban areas, caused mainly by cars;
Amendment 62 #
2014/2242(INI)
Motion for a resolution
Recital F
Recital F
F. whereas, with due regard for subsidiarity, many aspects of urban mobility policy requirecities should be supported by better coordination and frameworksinformation at EU level, in particular with regard to safety, health and climate change when urban mobility policy is formulated;
Amendment 96 #
2014/2242(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 121 #
2014/2242(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Member States to take preventive measures, in accordance with the precautionary principle, to improve air quality in cities and to guarantee pollutant concentrations below the levels set in the World Health Organisation guidelines, in particular by providing free public transport or by alternating traffic;
Amendment 147 #
2014/2242(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to reduce the use of cars running on traditional fuels in urban areas by 2030, and to banfurther reduce them by 2050 on a gradual basis;
Amendment 181 #
2014/2242(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for the EU and national and local authorities to draw up electric mobility plans which give priority to trams, urban trains, sky ropes, electric bicycles and shared/pooled e-carsfor all modes of transport;
Amendment 191 #
2014/2242(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to set ambitious targets for reducing the use of transport-related energy in cities, thereby reducing emissions, and to set a target of doubling cycling rates by 2025;
Amendment 207 #
2014/2242(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 249 #
2014/2242(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Emphasises the importance of SUMPs for achieving EU targets in respect of CO2 emissions, noise, air pollution and accident reduction; considers that the development of SUMPs should be a precondition for financing EU projects in the area of urban transport;
Amendment 298 #
2014/2242(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 330 #
2014/2242(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 368 #
2014/2242(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 392 #
2014/2242(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that cost-benefit assessments of investments should be directed to maximising external societal benefits and minimising external costs arising from, for example, climate change, accidents, health, noise, air pollution and spatial usethe benefit of the economy and the environment;
Amendment 401 #
2014/2242(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 424 #
2014/2242(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the ‘use of revenues' principle with regard to road charging, and requests that 50 % of Eurovignette revenue be dedicated to improving urban mobility and that 75 % of urban tolls be used for developing and maintaining urban transport infrastructure;
Amendment 438 #
2014/2242(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 475 #
2014/2242(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Supports the Horizon 2020 priorities regarding societal challenges for smart, green and integrated transport, and believes that Horizon 2020 must boost research and innovation in the areas of quality of life, sustainable jobs, demographics and active mobility changes;
Amendment 491 #
2014/2242(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 9 #
2014/2165(REG)
Annex – Bulgaria
(1 July 2014) Bulgaria (17 Members) ALI Nedzhmi BAREKOV Nikolay DONCHEV Tomislav* DZHAMBAZKI Angel GABRIEL Mariya HYUSMENOVA Filiz Hakaeva IOTOVA Iliana Malinova KOVATCHEV Andrey KYUCHYUK Ilhan MALINOV Svetoslav Hristov MIHAYLOVA Iskra NEKOV Momchil NOVAKOV Andrey ** PAUNOVA Eva PIRINSKI Georgi RADEV Emil STANISHEV Sergey URUTCHEV Vladimir (*) Mr Tomislav DONCHEV’s mandate ended on 7 November 2014. (**) Mandate valid with effect from 24 November 2014, date of the notification by the competent national authority of the election of Mr Andrey NOVAKOV to replace Mr Tomislav DONCHEV.
Amendment 10 #
2014/2165(REG)
Annex – Belgium
(1 July 2014) Belgium (21 Members) ANNEMANS Gerolf ARENA Maria ARIMONT Pascal BAYET Hugues BELET Ivo DE BACKER Philippe DEMESMAEKER Mark DEPREZ Gérard IDE Louis LAMBERTS Philippe LOONES Sander* MICHEL Louis NEYTS-UYTTEBROECK Annemie** RIES Frédérique ROLIN Claude STAES Bart STEVENS Helga TARABELLA Marc THYSSEN Marianne*** VAN BREMPT Kathleen VANDENKENDELAERE Tom**** VAN OVERTVELDT Johan***** VERHOFSTADT Guy (*) Mandate valid with effect from 14 October 2014, date of the notification by the competent national authority of the election of Mr Sander LOONES to replace Mr Johan VAN OVERTVELDT. (**) Ms Annemie NEYTS- UYTTEBROECK’s mandate ended on 1 January 2015. (***) Ms Marianne THYSSEN’s mandate ended on 1 November 2014. (****)Mandate valid with effect from 6 November 2014, date of the notification by the competent national authority of the election of Mr Tom VANDENKENDELAERE to replace Ms Marianne THYSSEN. (*****) Mr Johan VAN OVERTVELDT's mandate ended on 11 October 2014.
Amendment 11 #
2014/2165(REG)
Annex – Estonia
(1 July 2014) Estonia (6 Members) ANSIP Andrus* KALLAS Kaja KELAM Tunne LAURISTIN Marju PAET Urmas** TARAND Indrek TOOM Yana (*)Mr Andrus ANSIP’s mandate ended on 1 November 2014. (**)Mandate valid with effect from 3 November 2014, date of the notification by the competent national authority of the election of Mr Urmas PAET to replace Mr Andrus ANSIP.
Amendment 12 #
2014/2165(REG)
Annex – Spain
(1 July 2014) Spain (54 Members) AGUILERA GARCÍA Clara Eugenia ALBIOL GUZMÁN Marina ARIAS CAÑETE Miguel* AYALA SENDER Inés AYUSO Pilar BECERRA BASTERRECHEA Beatriz BILBAO BARANDICA Izaskun BLANCO LÓPEZ José CABEZÓN RUIZ Soledad CALVET CHAMBON Enrique** COUSO PERMUY Javier*** del CASTILLO VERA Pilar de GRANDES PASCUAL Luis DÍAZ DE MERA GARCÍA CONSUEGRA Agustín ECHENIQUE ROBBA Pablo ESTARÀS FERRAGUT Rosa FERNÁNDEZ ÁLVAREZ Jonás FISAS AYXELÀ Santiago GAMBÚS Francesc GARCÍA PÉREZ Iratxe GARDIAZABAL RUBIAL Eider GIRAUTA VIDAL Juan Carlos GONZÁLEZ PEÑAS Tania**** GONZÁLEZ PONS Esteban GUERRERO SALOM Enrique GUTIÉRREZ PRIETO Sergio HERRANZ GARCÍA Esther IGLESIAS TURRIÓN Pablo ITURGAIZ Carlos***** JÁUREGUI ATONDO Ramón JIMÉNEZ-BECERRIL BARRIO Teresa JIMÉNEZ VILLAREJO Carlos****** JUARISTI ABAUNZ Iosu Mirena LOPE FONTAGNÉ Verónica LÓPEZ AGUILAR Juan Fernando LÓPEZ BERMEJO Paloma LÓPEZ FERNÁNDEZ Javier LÓPEZ-ISTÚRIZ WHITE Antonio MARAGALL Ernest MATO ADROVER Gabriel MAURA BARANDIARÁN Fernando MEYER Willy******* MILLÁN MON Francisco José NART Javier RODRIGUEZ-RUBIO VÁZQUEZ Maria Teresa SÁNCHEZ CALDENTEY Lola SEBASTIÀ TALAVERA Jordi SENRA RODRÍGUEZ María Lidia SOSA WAGNER Francisco******** TERRICABRAS Josep-Maria TREMOSA i BALCELLS Ramon URTASUN Ernest VALCÁRCEL SISO Ramón Luis VALENCIANO MARTÍNEZ-OROZCO Elena VALLINA DE LA NOVAL Ángela Rosa ZALBA BIDEGAIN Pablo (*) Mr Miguel ARIAS CAÑETE’s mandate ended on 1 November 2014. (**) Mandate valid with effect from 20 November 2014, date of the notification by the competent national authority of the election of Mr Enrique CALVET CHAMBON to replace Mr Francisco SOSA WAGNER. (***) Mandate valid with effect from 15 July 2014, date of the notification by the competent national authority of the election of M Javier COUSO PERMUY to replace Mr Willy MEYER. (****) Mandate valid with effect from 11 September 2014, date of the notification by the competent national authority of the election of Ms Tania GONZÁLEZ PEÑAS to replace Mr Carlos JIMÉNEZ VILLAREJO. (*****) Mandate valid with effect from 6 November 2014, date of the notification by the competent national authority of the election of Mr Carlos ITURGAIZ to replace Mr Miguel ARIAS CAÑETE. (******)Mr Carlos JIMÉNEZ VILLAREJO's mandate ended on 1 August 2014. (*******) Mr Willy MEYER's mandate ended on 10 July 2014. (********) Mr Francisco SOSA WAGNER's mandate ended on 20 October 2014.
Amendment 13 #
2014/2165(REG)
Annex – Cyprus
(1 July 2014) Cyprus (6 Members) CHRISTOFOROU Lefteris * HADJIGEORGIOU Takis MAVRIDES Costas PAPADAKIS Demetris STYLIANIDES Christos** SYLIKIOTIS Neoklis THEOCHAROUS Eleni (*) Mandate valid with effect from 3 November 2014, date of the notification by the competent national authority of the election of Mr Lefteris CHRISTOFOROU to replace Mr Christos STYLIANIDES. (**) Mr Christos STYLIANIDES’s mandate ended on 1 November 2014.
Amendment 14 #
2014/2165(REG)
Annex – Latvia
(1 July 2014) Latvia (8 Members) DOMBROVSKIS Valdis* GRIGULE Iveta KALNIETE Sandra KARIŅŠ Krišjānis MAMIKINS Andrejs PABRIKS Artis VAIDERE Inese** ŽDANOKA Tatjana ZĪLE Roberts (*) Mr Valdis DOMBROVSKIS’s mandate ended on 1 November 2014 . (**) Mandate valid with effect from 1 November 2014, date of the notification by the competent national authority of the election of Ms Inese VAIDERE to replace Mr Valdis DOMBROVSKIS.
Amendment 15 #
2014/2165(REG)
Annex – Romania
(1 July 2014) Romania (32 Members) BOŞTINARU Victor BUDA Daniel BUŞOI Cristian Silviu CREŢU Corina* CRISTEA Andi-Lucian DĂNCILĂ Vasilica Viorica DIACONU Mircea DRĂGHICI Damian FRUNZULICĂ Doru-Claudian GRAPINI Maria HELLVIG Eduard-Raul IVAN Cătălin Sorin MACOVEI Monica Luisa MĂNESCU Ramona Nicole MARINESCU Marian-Jean MOISĂ Ionel-Sorin MUREȘAN Siegfried Vasile NEGRESCU Victor NICA Dan NICOLAI Norica PAŞCU Ioan Mircea PAVEL Emilian ** PREDA Cristian Dan REBEGA Constantin-Laurențiu SÂRBU Daciana Octavia SÓGOR Csaba STOLOJAN Theodor Dumitru TĂNĂSESCU Claudiu Ciprian TAPARDEL Ana-Claudia UNGUREANU Traian VĂLEAN Adina-Ioana WEBER Renate WINKLER Iuliu (*) Ms Corina CREŢU’s mandate ended on 1 November 2014. (**)Mandate valid with effect from 1 November 2014, date of the notification by the competent national authority of the election of Mr Emilian PAVEL to replace Ms Corina CREŢU.