2027 Amendments of Olle LUDVIGSSON
Amendment 37 #
2018/2121(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that current international and national tax rules were mostly conceived in the early 20th century; asserts that there is an urgent need for reform of the rules, so that international, EU and national tax systems are fit for the new economic, social and technologic challenges of the 21st century; notes the broad understanding that current tax systems are not equipped to keep up with these developments and ensure that all market participants pay fairtheir fair share of taxes;
Amendment 50 #
2018/2121(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that Parliament has made a substantial contribution to the fight against financial crimes, tax evasion and tax avoidance as uncovered in the LuxLeaks, Panama Papers and, Paradise Papers, Football Leaks, Bahamas Leaks, and CumEx cases, notably with the work of the TAXE, TAX2 and TAX3 Special Committees, the PANA inquiry committee and the ECON committee;
Amendment 61 #
2018/2121(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Deplores the fact that some EU Member States confiscate the tax base of other Member States by attracting profits generated elsewhere, thereby allowing companies to artificially lower their tax base; upholds that this practice not only harms the principle of EU solidarity, but also produces a wealth redistribution towards multinationals and their shareholders, at the expense of EU citizens; supports the important work by academics and journalists who help to shed light on these practices;
Amendment 77 #
2018/2121(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Deplores again ‘the lack of reliable and unbiased statistics on the magnitude of tax avoidance and tax evasion [and] stresses the importance of developing appropriate and transparent methodologies to quantify the scale of these phenomena, as well as their impact on countries’ public finances, economic activities and public investments’; further deplores the lack of reliable quantitative assessment of the extent of financial crimes, tax evasion and tax avoidance;
Amendment 89 #
2018/2121(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that close to 40 % of MNEs’ profits are shifted to tax havens globally each year25 ; _________________with some European Union countries appearing to be the prime losers of profit shifting, because 35% of shifted profits come from EU countries, followed by developing countries (30%)1a; deplores that Ireland is the number one shifting destination, followed by Singapore, the Netherlands, Caribbean tax havens and Switzerland1b; deplores furthermore that about 80% of the profits shifted within the EU are shifted to the EU tax havens, primarily Ireland, Luxembourg and the Netherlands1c; [3] _________________ 1a Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1b Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1c Tørsløv, Wier and Zucman ‘Themissing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 25 Tørsløv, Wier and Zucman ‘The missing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018.
Amendment 133 #
2018/2121(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recalls that the payment of taxes is both an essential corporate contribution to society and a tool for good governance and is therefore a requirement for responsible business practices; stresses the need to include harmful tax practices in the scope of mandatory reporting on corporate social responsibility (CSR);
Amendment 142 #
2018/2121(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call on companies, as taxpayers, to fully comply with their tax obligations and refrain from aggressive tax planning leading to BEPS, and to consider fair taxation strategy as an important part of their corporate social responsibility and of their implementation of the United Nations Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises;
Amendment 148 #
2018/2121(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Urges furthermore the Member States taking part in the enhanced cooperation procedure to agree as quickly as possible on the adoption of a Financial Transaction Tax (FTT);
Amendment 155 #
2018/2121(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that taxes must be paid in the jurisdictions where the actual substantive and genuine economic activity and value creation takes place or, in case of indirect taxation, where consumption takes place; highlights that this can only be achieved by adopting the common Consolidated Corporate Tax Base (CCCTB); advocates for the inclusion of fair allocation of taxing rights on the agenda of current international tax negotiations, notably at OECD and UN levels;
Amendment 170 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that between 1985 and 2018, the global average statutory corporate tax rate has fallen from 49% to 24%1a ; notes that nominal corporate tax rates have decreased by 46% since 2000 at EU level –from an average of 32% in 2000 to 21,9% in 20181b; is concerned about a growing race to the bottom on nominal corporate tax rates at both international and EU levels; regrets that international tax reform such as G20/OECD led BEPS project did not touch upon this unfair tax competition; calls for a second set of international tax reforms aiming at tackling tax competition among countries and ensuring a fair allocation of taxing rights; underlines it is necessary to give a greater role to the UN Committee of Experts on International Cooperation in Tax Matters in the next reform of international tax rules; _________________ 1a Tørsløv, Wier and Zucman ‘Themissing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1b Taxation trend in the EU, Table 3:Top statutory corporate income tax rates (including surcharges), 1995- 2018,European Commission 2018
Amendment 174 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16 b. Deplores the imbalance between taxes paid on corporate and capital income and on labour; points out that such distribution of tax burden is unsustainable in view of the expected massive changes in the labour market due to increased robotisation and digitalisation and poses a serious risk to social cohesion;
Amendment 177 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16 c. Affirms that a fair and effective solution to tax dumping and aggressive tax competition would reside in the setting of a minimum corporate tax rate; calls for the adoption of a coordinated level of minimum effective taxation at European level through a combination of anti-abuse measures and limitation to tax deductions; asks the European Commission to consider proposing a legislative package aiming at ensuring a minimum effective level of taxation;
Amendment 179 #
2018/2121(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16 d. Takes note that traditional sectors pay in average an effective corporate tax rate of 23% while the digital sector pays about 9,5%1a; asks the European Commission to carry out and release an in depth study on effective level of corporate taxation within the EU and develop a proposal fora coordinated level of minimum taxation within the EU; _________________ 1a COM(2018) 146 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEANPARLIAMENT AND THE COUNCIL Time to establish a modern, fair and efficient taxation standard for the digital economy
Amendment 198 #
2018/2121(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the G20/OECD 15-point BEPS action plan is being implemented and monitored and further discussions are taking place, in a broader context than just the initial participating countries, through the Inclusive Framework; calls on Member States to support a reform of both the mandate and the functioning of the Inclusive Framework to ensure that remaining tax loopholes and unsolved tax questions such as the allocation of taxing rights among countries are covered by the current international framework to combat BEPS practices; highlights the need to ensure that all countries participate on an equal footing;
Amendment 205 #
2018/2121(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that some countries have recently adopted unilateral countermeasures against harmful tax practices (such as the UK’s Diverted Profits Tax and the Global Intangible Low- Taxed Income (GILTI) provisions of the US tax reform) to ensure that the foreign income of MNEs is duly taxed at a minimum effective tax rate in the parent’s country of residence; calls for an EU assessment of these measuresnotes that, in contrast to these unilateral measures, the EU generally promotes multilateral and consensual solutions to deal with a fair allocation of taxing rights, and, therefore, calls for an EU assessment of these measures; stresses that the EU prioritises a global solution when it comes to taxing the digital sector but is proposing a Digital Services Tax as global discussions seem currently locked;
Amendment 214 #
2018/2121(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the provisions on Controlled Foreign Corporation (CFC) included in ATAD I to ensure that profits made by related companies parked in low or no-tax countries are effectively taxed; acknowledges that they prevent the absence or diversity of national CFC rules within the Union from distorting the functioning of the internal market beyond situations of wholly artificial arrangements as called for repeatedly by Parliament; deplores the coexistence of two approaches to implement CFC rules in ATAD I and calls on Member States to implement only the simpler and most efficient CFC rules as in ATAD I Article 7(2)(a); asks the European Commission to make a legislative proposal reinforcing CFC rules, including a criteria on an actual corporate tax paid on profits lower than 18%;
Amendment 218 #
2018/2121(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the general anti-abuse rule for the purposes of calculating corporate tax liability included in ATAD I, allowing Member States to ignore arrangements that are not genuine and having regard to all relevant facts and circumstances aimed at obtaining a tax advantage; reiterates its repeated call for the adoption of a general and common anti- abuse rule, namely in existing legislation and in particular in the parent-subsidiary directive, the merger directive and the interest and royalties directive; calls on Member States to consider a general anti- abuse rule including a minimum effective tax rate of 18%;
Amendment 244 #
2018/2121(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Recognises that the new flow of information to tax authorities following the adoption of ATAD I and DAC4 creates the need for adequate resources to ensure the most efficient use of such information and to effectively reduce the current tax gap; calls on all Member States to evaluate if the tools of the authorities are sufficient and adequate to use this information; points out the importance of combining different sets of information in order to identify patterns which indicate suspicious activity and can thereby help to discover financial crimes, tax evasion or tax avoidance;
Amendment 252 #
2018/2121(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the fact that Member States’ tax systems and overall tax environment have become part of the European Semester in line with Parliament’s call to that effect29 ; welcomes the studies and data drawn up by the Commission30 that allow situations that provide economic ATP indicators to be better addressed, and give a clear indication of the exposure to tax planning as well as furnishing a rich data base for all Member States on the phenomenon; calls for these new tax indicators for the European Semester to be given the same rank as the indicators relating to expenditure control; underlines the interest of providing the European Semester with this tax dimension, as it will make it possible to tackle certain harmful tax practices that had not been tackled until now through the ATAD Directive and other existing European regulations; _________________ 29 European Parliament resolution of 25 November 2015 on tax rulings and other measures similar in nature or effect, OJ C 366, 27.10.2017, p. 51, paragraph 96. 30 Referred to above. The studies provide an overview of Member States’ exposure to ATP structures affecting their tax base (erosion or increase), although there is no stand-alone indicator of the phenomenon, a set of indicators seen as a ‘body of evidence’ nevertheless exists.
Amendment 263 #
2018/2121(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to issue a proposal aimed at repealing patent boxes, and calls on Member States to favour non- harmful and, if appropriate, direct support for R&D; stresses that tax reliefs for companies need to be carefully constructed and implemented only where their positive impact on jobs and growth is evident and any risk of creating new loopholes in the taxation system is excluded; reiterates, in the meantime, its call to ensure that current patent boxes establish a genuine link to economic activity, such as expenditure tests, and that they do not distort competition; welcomes the improved definition of R&D costs in the common corporate tax base (CCTB) proposal; however continues to express its concern about new deductions for R&D expenditure included in the CCTB proposal and which could create opportunities for artificially reducing the tax base;
Amendment 271 #
2018/2121(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Calls on the Council, assisted by the European Commission, to define a comprehensive and exhaustive list of potential harmful tax practices within the EU, to be updated every year; demands that criteria aiming at identifying harmful tax practices include, notably, schemes allowing for a large deduction of corporate income tax without benefiting the real local economy;
Amendment 284 #
2018/2121(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Welcomes the re-launch of the CCCTB project in a two-step approach, with the Commission’s adoption of interconnected proposals on CCTB and CCCTB; calls on the Council to swiftly adopt them,stresses that once implemented fully, the CCCTB will make it possible to attribute income to where the value is created and will eliminate loopholes between national tax systems, in particular transfer pricing; calls on the Council to swiftly adopt and implement the two proposals side by side taking into consideration Parliament’s opinion that already includes the concept of virtual permanent establishment that would close the remaining loopholes allowing tax avoidance to take place and level the playing field in light of digitalisation;
Amendment 290 #
2018/2121(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Recalls that to end the practice of profit shifting and to introduce the principle that tax is paid where profit is generated, the CCTB and CCCTB should be introduced simultaneously in all Member States; calls on the Commission to issue a new proposal based on Article 116 of the Treaty on the Functioning of the European Union, whereby the European Parliament and the Council act in accordance with the ordinary legislative procedure to issue the necessary legislation, should the Council fail to adopt a unanimous decision on the proposal to establish a CCCTB;
Amendment 300 #
2018/2121(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that the phenomenon of digitalisation has created a new situation in the market, whereby digital and digitalised companies are able to take advantage of local markets without having a physical, and therefore taxable, presence in that market, creating a non-level playing field and putting traditional companies at a disadvantage; notes that digital businesses models in the EU face a lower effective average tax burden than traditional business models31 ; deplores that digital businesses pay almost no taxes in some Member States despite their significant digital presence and large revenues in those Member States; reminds that, when it comes to the digitalisation of the whole economy, the location of the value creation should take into account the input from users as well as information collected on consumers' behaviour online; _________________ 31 As evidenced in the impact assessment of 21 March 2018 accompanying the digital tax package (SWD(2018)0081), according to which on average, digitalised businesses face an effective tax rate of only 9.5 %, compared to 23.2 % for traditional business models.
Amendment 334 #
2018/2121(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Notes that, across the political spectrum, and across Europe, there is an overwhelming support for a digital tax; recalls that surveys show that 80% of citizens from Germany, France, Austria, the Netherlands, Sweden and Denmark are supportive of a Digital Service Tax (DST) and that 80% of the citizens think that the EU should not wait for international efforts before it undertakes such a step; underlines furthermore that a majority of the surveyed citizens want a broad scope for a digital service tax, which includes services providing digital content and e-commerce1a; _________________ 1a KiesKompas, Public Perception towards taxing digital companies in six countries https://policies.kieskompas.nl/digital-tax- report.pdf,December 2018
Amendment 339 #
2018/2121(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls on Member States to ensure that the ‘Digital Services Tax’ remains a temporary measure by including a ‘sunset clause’ to the proposal for a Council Directive on the common system of a digital services tax on revenues resulting from the provision of certain digital services and by speeding up the discussion on a Significant Digital Presence1a ; _________________ 1a Proposal for a Council Directive laying down rules relating to the corporate taxation of a significant digital presence COM(2018) 147 final
Amendment 376 #
2018/2121(INI)
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Notes the magnitude of the CumEx scandal, which according to some estimates, has taken EUR 55 billion from public coffers in the EU; observes that the "CumEx files" reveal a lack of cooperation between Member States' tax authorities and failures of the current system of exchange of information as some Member States were reportedly aware of these fraudulent tax practices but waited several years to inform other Member States; calls for a regulation of dividend arbitrage practices, preventing "CumEx" and "CumCum" schemes in the future, by putting the burden of proof of ownership of the dividends on the foreign beneficiary; calls on the European legislators to evaluate the possibility of implementing this measure at EU level;
Amendment 379 #
2018/2121(INI)
Motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44b. Further notes that the French Senate, in an effort to combat the practice of dividend arbitrage, has tabled an amendment to the draft budget bill that would make it possible to withhold 30 % of the value of the transaction to a foreign beneficiary, to be reimbursed a posteriori if they prove that they are the ultimate beneficial owner; calls on the EU legislators to evaluate the possibility of implementing this measure at EU level;
Amendment 395 #
2018/2121(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. SRecalls that public CBCR is one of the key measures to find greater transparency on tax information of companies for all citizens; stresses that the proposal for public CBCR was submitted to the co-legislators just after the Panama papers scandal on 12 April 2016, and that Parliament adopted its position on it on 4 July 2017; recalls that this public nature is essential for civil society, investigative journalists, investors and other stakeholders, in particular, to whom the information is useful to assess potential risks and liabilities; recalls that the latter called for an enlargement of the scope of reporting and protection of commercially sensitive information; deplores the lack of progress and cooperation from the Council since 2016; urges for progress to be made in the Council so that it enters into negotiations with Parliament;
Amendment 407 #
2018/2121(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45a. Calls on the Commission and the Council to create a mandatory standardised public European Business Register in order to gain up-to-date and trustworthy information on companies and to achieve transparency via cross- border access to comparable and reliable information of companies in the EU;
Amendment 425 #
2018/2121(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49a. Deplores the fact that companies can make agreements with governments to pay almost no tax in a given country despite conducting substantial activity; points in this light to a tax ruling between the Dutch tax revenue authority and Royal Dutch Shell plc that seems to be in violation of Dutch tax law on the sole ground that the head office would be located in the Netherlands after the unification of the two former parent companies, which results in an exemption from Dutch dividend withholding tax, while at the same time recent investigations seem to show that the company pays no profit tax in The Netherlands either; reiterates its call on the Commission to investigate this case of potential illegal state aid;
Amendment 444 #
2018/2121(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Notes that there is no single definition of letterbox companieHighlights that companies create cross-border operations and corporate constructions including artificial arrangements in order to avoid or circumvent national tax law; stresses that company mobility should not lead to forum shopping; notes that there is no single definition of letterbox companies; reiterates its call for a clear definition; stresses that the requirement of genuine economic activity in the destination Member States can prevent the creation of a letterbox company through a cross- border operation, as proposed in the draft report for the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions;
Amendment 519 #
2018/2121(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65a. Welcomes that a VAT Mini One Stop Shop (MOSS) on telecommunications, broadcasting and electronic services was introduced in 2015 as a voluntary system for registration, declaration and payment of VAT; welcomes the extension of the MOSS to other supplies of goods and services to final consumers as of 1 January 2021;
Amendment 549 #
2018/2121(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and Eurofisc to rapidly conclude their investigations on the Isle of Man’s VAT collection practices on privateWelcomes the infringement procedures opened by the Commission on 8 November 2018 against Italy and the Isle of Man to ensure that they put an end on illegal tax breaks for yachts and aircraft, as revealed by the Paradise pPapers; and, if necessary, to open infringement procedures;
Amendment 555 #
2018/2121(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Points, however, to the need for better cooperation between the administrative, judicial and law- enforcement authorities within the EU, as highlighted by experts during the hearing held on 28 June 2018 and in a study commissioned by the TAX3 Committee; calls on the EPPO, OLAF, Eurofisc, Europol and Eurojust to closely cooperate with a view to coordinating their efforts against VAT fraud and to identifying and adapting to new fraudulent practices;
Amendment 567 #
2018/2121(INI)
Motion for a resolution
Paragraph 78 a (new)
Paragraph 78 a (new)
78a. Calls on Member States to mandate Eurofisc to develop new strategies to track goods under Customs procedure 42, the mechanism which allows the importer to obtain a VAT exemption when the imported goods are intended to be eventually transported to a business customer in another Member State than the Member State of importation;
Amendment 581 #
2018/2121(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. Emphasises that natural persons do not generally exercise their freedom of movement for the purposes of tax fraud, tax evasion and aggressive tax planning; underlines, however, that some natural persons have a tax base large enough to span several tax jurisdictions; stresses that tax evasion is highly concentrated among the rich, with the 0.01% richest households evading about 25% of their taxes1a; _________________ 1a Alstadsæter, Johannesen & Zucman: Tax Evasion and Inequality; October 2018
Amendment 635 #
2018/2121(INI)
Motion for a resolution
Paragraph 87 a (new)
Paragraph 87 a (new)
87a. Alerts for the dangers of CBI and RBI schemes allowing associated family reunification, whereby family members of CBI/RBI beneficiaries can acquire residence or citizenship with minimum or no checks;
Amendment 683 #
2018/2121(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93 a. Condemns Member States implementing CBI and RBI schemes in opaque circumstances and without proper enforcement of AML controls; urges Member States which operate these schemes to publish annually the names and nationalities of beneficiaries of CBI and RBI and their relatives in order to minimise risks of money laundering, tax crimes and related criminality;
Amendment 708 #
2018/2121(INI)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Calls on the Commission to table a legislative proposal to ensure the automatic exchange of information between the relevant authorities, including tax and customs authorities, on beneficial ownership and relevant transactions for taxation purposes taking place in free ports, customs warehouses or SEZs;
Amendment 711 #
Amendment 721 #
2018/2121(INI)
104. Calls on the Commission to assess past amnesty programmes enacted by Member States, and, in particular, the public revenues recovered and their impact in the medium and long term on tax base volatility; urges Member States to ensure that relevant data related to the beneficiaries of previous and future tax amnesties is duly shared with the judiciary, law enforcement, and tax authorities, to ensure compliance with AML/CFT rules and possible prosecution for other financial crimes;
Amendment 747 #
2018/2121(INI)
Motion for a resolution
Paragraph 110 a (new)
Paragraph 110 a (new)
110 a. Welcomes the Action Plan adopted by the Council on the 4th of December 2018, including several non-legislative measures to better tackle money laundering and terrorist financing in the EU; requests the Commission to regularly update the Parliament on the progress of the implementation of the Action Plan;
Amendment 748 #
2018/2121(INI)
Motion for a resolution
Paragraph 110 b (new)
Paragraph 110 b (new)
110 b. Is concerned by the absence of concrete procedures to assess and review the probity of members of the governing council of the European Central Bank, in particular when they are formally accused of criminal activity; calls for mechanisms to monitor and review the conduct and propriety of the members of the governing council of the European Central Bank and to protect them in case of abuse of power by the authority that has the appointment power;
Amendment 751 #
2018/2121(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111 a. Stresses the continued use of cash in cases of money laundering; highlights the new Regulation on controls on cash entering or leaving the Union, which harmonises and expands controls on large sums of cash and highly liquid stores of value; regrets that while rules on the EU external borders are harmonised, rules among Member States concerning cash movements within EU borders vary;
Amendment 754 #
2018/2121(INI)
Motion for a resolution
Paragraph 111 b (new)
Paragraph 111 b (new)
111 b. Notes that high-denomination euro notes provide a way to move large amounts of cash and thus potentially evade AML controls; welcomes that the ECB announced in 2016 it would no longer issue new €500 notes (even though the outstanding stock remains legal tender); calls on the ECB to extend this action to the €200 notes and for determining the phasing out of the ability to use of both €500 and €200 notes;
Amendment 759 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 a (new)
Paragraph 112 a (new)
112 a. Notes the positive results of the UK law establishing the Unexplained Wealth Order (UWO) in tracking proceeds of criminal activities; highlights that a UWO is a court order that requires a person who is reasonably suspected of involvement in, or of being connected to a person involved in, serious crime to explain the nature and extent of their interest in particular property, and to explain how the property was obtained, where there are reasonable grounds to suspect that the respondent’s known lawfully obtained income would be insufficient to allow the respondent to obtain the property; calls on the Commission to assess the feasibility of proposing a similar measure through EU legislation and report back to Parliament;
Amendment 762 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 b (new)
Paragraph 112 b (new)
112 b. Welcomes the decision in some Member States to ban the issuing of bearer shares and to convert the current ones into nominal securities; reiterates its call on the Commission to propose EU- wide legislation to the same effect;
Amendment 763 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 c (new)
Paragraph 112 c (new)
112 c. Stresses the urgent need to create a more efficient system for communication and information exchange among judicial authorities within the EU, replacing the traditional instruments of mutual legal assistance in criminal matters, which provide lengthy and burdensome procedures harming investigations of money laundering and other serious crimes; reiterates its call on the Commission to assess the need for legislative action in this field;
Amendment 764 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 d (new)
Paragraph 112 d (new)
112 d. Calls on the Commission to assess and report to Parliament about the role and particular risks presented by legal arrangements such as Special Purpose Vehicles (SPVs), Special Purpose Entities (SPEs) and Non Charitable Purpose Trusts (NCPTs) in money laundering, particularly in the UK, and Crown Dependencies and Overseas territories;
Amendment 765 #
2018/2121(INI)
Motion for a resolution
Paragraph 112 e (new)
Paragraph 112 e (new)
112 e. Urges Member States to fully comply with AML legislation when issuing sovereign bonds on the financial markets; recalls that money laundering and financing of terrorism takes many forms and that due diligence in such financial operations is strictly necessary;
Amendment 806 #
2018/2121(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Notes that the recent scandals affecting banks in Malta, Latvia, Estonia, the Netherlands, Germany and Denmark reveal the failure of supervision by national anti-money laundering authorities; highlights, at the same time, that ESAs have limited abilities to take a more substantial role in the anti-money laundering field due to tight resources coupled with a lack of appropriate powers;
Amendment 808 #
2018/2121(INI)
Motion for a resolution
Paragraph 122
Paragraph 122
122. Calls for an assessment of long- term objectives leading to an enhanced AML/CFT framework as mentioned in the ‘Reflection Paper on possible elements of a Roadmap for seamless cooperation between Anti Money Laundering and Prudential Supervisors in the European Union’, such as the establishment at EU level of a mechanism to better coordinate the activities of AML/CFT supervisors of financial sector entities, notably in situations where AML/CFT concerns are likely to have cross-border effects, and a possible centralisation of AML supervision via an existing or new Union body empowered to enforce harmonised rul; calls therefore for a European Anti-money Laundering Authority with adequate supervision, investigation and enforcement powers of both financial and non-financial obliged entities aund practiceser the AMLD;
Amendment 825 #
2018/2121(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Notes the concerns expressed by the EBA with regards to the implementation of the Directive 2013/36/EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms1a; welcomes the suggestions made by the EBA to tackle the deficiencies caused by the current Union legal framework; _________________ 1a https://www.eba.europa.eu/documents/101 80/2101654/Letter+to+Tiina+Astola+on+t he+request+to+investigate+a+possible+B UL+under+Article+17+of+Regulation+% 28EU%29%20No+10932010+- +24092018.pdf
Amendment 827 #
2018/2121(INI)
Motion for a resolution
Subheading 5.2
Subheading 5.2
Cooperation between financial intelligence units (FIUs) and law enforcement
Amendment 833 #
2018/2121(INI)
Motion for a resolution
Paragraph 126 a (new)
Paragraph 126 a (new)
126 a. Highlights that the fight against money laundering and tax evasion also requires good cooperation between FIUs and customs authorities;
Amendment 870 #
2018/2121(INI)
Motion for a resolution
Paragraph 131 a (new)
Paragraph 131 a (new)
131 a. Takes note of the repeated calls from obliged entities, namely financial institutions, for proper channels of enhanced dialogue, communication and exchange of information between private bodies and public authorities, on one hand, and among obliged entities themselves, on the other, to provide less fragmented information to FIUs; calls on the Commission to draw up guidelines in accordance with the AMLD5, for Member States to implement at national level in this regard, namely using the mechanisms provided in the General Data Protection Regulation for secure and lawful exchange of data;
Amendment 881 #
2018/2121(INI)
Motion for a resolution
Paragraph 133 a (new)
Paragraph 133 a (new)
133 a. Calls on Member States to ensure that registers of beneficial owners contain verification mechanisms to ensure the accuracy of the data; calls on the Commission to make assessment of verification mechanisms and reliability of the data in its reviews;
Amendment 890 #
2018/2121(INI)
Motion for a resolution
Paragraph 136
Paragraph 136
136. Underscores the problem of money laundering through investment in real estate in European cities through foreign shell companies; recalls that the Commission should assess the necessity and proportionality of harmonising the information in the land and real estate registers and assess the need for the interconnection of those registers; takes the view that Member States should have in place publicly accessible information on ultimate beneficial ownership of land and real estate; calls on the Commission, if appropriate, to accompany the report with a legislative proposal;
Amendment 916 #
2018/2121(INI)
Motion for a resolution
Paragraph 140
Paragraph 140
140. Takes note of the expert-level work on electronic identification and remote KYC processes, which explores issues such as the possibility of financial institutions using electronic identification (e-ID) and of KYC portability to identify customers digitally; points out the advantages of having a European system of e-ID;
Amendment 920 #
2018/2121(INI)
Motion for a resolution
Paragraph 140 a (new)
Paragraph 140 a (new)
140 a. Urges the Commission to lead on creating a global framework regulating virtual currencies which takes into consideration the risks of these new technologies; recalls the dangers posed to consumers by Initial Coin Offerings (ICO’s) and urges the Commission to enact a proposal for their regulation as financial operations; notes in particular that cryptocurrencies' opacity can be used to facilitate money laundering and tax evasion; calls on the Commission to draft legislative proposals to ban certain anonymity measures on specific cryptocurrencies, on a case-by-case basis;
Amendment 949 #
2018/2121(INI)
Motion for a resolution
Paragraph 148
Paragraph 148
148. Recognises the effort made by some third countries to act decisively against BEPS; stresses, however, that such reforms should remain in line with existing WTO rules; considers the information gathered during the committee visit to Washington DC about the US tax reforms and their possible impact on international cooperation to be of particular importance; finds that some of the provisions of the US Tax Cuts and Jobs Act of 2017 would be incompatible with existing WTO rules according to some experts regrets certain provisions of the US tax reform seek, unilaterally and without any reciprocity, to revitalise transnational benefits attributable to US territory (presuming that these are generated, at least 50%, in US territory); welcomes the fact that the Commission is currently in the process of assessing the potential regulatory and commercial implications of, in particular, the BEAT, GILTI and FDII78 provisions of the new US tax reform; asks the Commission to inform Parliament of the results of the assessment; _________________ 78 Respectively ‘Base Erosion and Anti- Abuse Tax’ (BEAT), ‘Global Intangible Low Tax Income’ (GILTI) and ‘Foreign- Derived Intangible Income’ (FDII).
Amendment 977 #
2018/2121(INI)
Motion for a resolution
Paragraph 152
Paragraph 152
152. Deeply regrets the lack of transparency during the initial listing process by failing to ensure an objective application of the listing criteria laid down by ECOFIN, free from any political interference; welcomes, however, the improvement in transparency made by the disclosure of letters sent to jurisdictions screened by the CoC Group, as well as the set of commitment letters received; calls for all remaining undisclosed letters to be made publicly available to ensure scrutiny and proper implementation of commitments;
Amendment 982 #
2018/2121(INI)
Motion for a resolution
Paragraph 153
Paragraph 153
153. Welcomes the recent clarifications from the CoC Group on fair taxation criteria, especially regarding the lack of economic substance for jurisdictions having no corporate income tax rate or a rate close to 0 %; calls on the Member States to work towards the gradual improvement of the EU listing criteria to cover all harmful tax practices79 by determining a minimum level of effective taxation and by reviewing all potential harmful practices granting large tax exemptions or deductions which are disconnected from the domestic economy; regrets that the same criteria used to include the jurisdictions of third countries on the European list do not apply internally to Member States and that the EU consequently loses credibility to call on other countries to comply with standards of tax good governance; _________________ 79 Work on fair taxation criteria 2.1 and 2.2 of Council conclusions 14166/16 of 8 November 2016.
Amendment 984 #
2018/2121(INI)
Motion for a resolution
Paragraph 153 a (new)
Paragraph 153 a (new)
153 a. Welcomes the new OECD global standard on substantial activities factor to no or only nominal tax jurisdictions1a, largely inspired by the EU work on the EU listing process (Fair criterion 2.2 of the EU list); calls on EU Member States to push for a more ambitious global standard including a minimum level of effective taxation; _________________ 1a OECD, “Resumption of Application of Substantial Activities Factor to No or only Nominal Tax Jurisdictions Inclusive Framework on BEPS: Action 5”, http://www.oecd.org/tax/beps/resumption- of-application-of-substantial-activities- factors.pdf, 2018
Amendment 990 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 a (new)
Paragraph 154 a (new)
154 a. Recalls a research study showing that tax avoidance via six EU Member States results in a loss of 42.8 billion in tax revenue in the other 22 Member States1a, which means that the net payment position of these countries can be offset against the losses they inflict on the tax base of other Member States; notes for instance, that the Netherlands impose a net cost on the Union as a whole of 11.2 billion euro, which means the country is in fact not a net contributor but a net recipient; _________________ 1a http://gabriel- zucman.eu/files/TWZ2018.pdf
Amendment 997 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 b (new)
Paragraph 154 b (new)
154 b. Welcomes the expected review of the EU list in the first quarter of 2019; asks the Council to release a detailed assessment of commitments from jurisdictions which committed to reform and were listed on Annex II when the first EU list was released on December 5th2017; demands that jurisdictions listed on Annex II thanks to commitments made in 2017 are listed on Annex I if the due reforms have not been implemented by the end of 2018 or the agreed timeline;
Amendment 1000 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 c (new)
Paragraph 154 c (new)
154 c. Notes that developing countries might not possess the resources to implement newly agreed international or European tax standards and /or might have more urgent tax gap issues to tackle to ensure they generate sufficient revenues to provide for essential public services; subsequently calls on the Council to exclude counter measures such as cuts in development aid;
Amendment 1001 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 d (new)
Paragraph 154 d (new)
154 d. Notes that, according to data of the Organisation for Economic Cooperation and Development (OECD) on foreign direct investment, Luxembourg and the Netherlands combined have more inward investment than the US, the vast majority of which is in special-purpose entities with no substantial economic activity, and Ireland has more inward investment than either Germany or France; points out that, according to its National Statistics Office, foreign investment in Malta amounts to 1 474 %of the size of its economy; notes that, according to research carried out by the University of Amsterdam, 23 % of all corporate investments that ended up in tax havens passed through the Netherlands; believes that these data are a clear indication that some Member States are facilitating excessive profit-shifting activities at the expense of other Member States;
Amendment 1002 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 e (new)
Paragraph 154 e (new)
154 e. Recalls that the European Commission has criticised seven member states - Belgium, Cyprus, Hungary, Ireland, Luxembourg, Malta and The Netherlands, for their "aggressive" tax policies, arguing that they have tax policies that undermine the integrity of the European single market;
Amendment 1004 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 f (new)
Paragraph 154 f (new)
154 f. Calls, therefore, on the Commission to regard explicitly at least Luxembourg, the Netherlands, Ireland and Malta as EU tax havens;
Amendment 1005 #
2018/2121(INI)
Motion for a resolution
Paragraph 154 g (new)
Paragraph 154 g (new)
154 g. Notes the current negotiations between the EU and Switzerland towards a Framework Agreement; stresses its view that the EU should renegotiate its trade, economic and other relevant bilateral agreements with Switzerland to bring them into line with EU anti-tax fraud policy and anti-money laundering legislation, so as to eliminate serious flaws in the Swiss supervisory system which enable a policy of internal banking secrecy to continue, as well as the creation of offshore structures worldwide, tax fraud and tax evasion not constituting a criminal offence, weak supervision, the inadequate self-regulation of obliged entities, and aggressive prosecution and harassment of whistle-blowers;
Amendment 1010 #
2018/2121(INI)
Motion for a resolution
Paragraph 156
Paragraph 156
156. Calls on the Member States to adopt a single set of strong countermeasures, including automatic CFC rulwithholding taxes, exclusion from public procurement calls and withdrawal of business licences, for blacklisted jurisdictionsthe intermediaries and companies present in blacklisted tax havens and automatic CFC rules applied to the latter, unless the taxpayers convey genuine economic activities there and are subject to increased audit requirements; invites both tax administrations and taxpayers to cooperate to gather the relevant facts in case the controlled foreign company carries out substantive real economic activity and has substantial economic presence supported by staff, equipment, assets and premises, as evidenced by relevant facts and circumstances;
Amendment 1021 #
2018/2121(INI)
Motion for a resolution
Paragraph 158
Paragraph 158
158. Reiterates its call for the EU to have a leading role in the global fight against tax evasion, aggressive tax planning and money laundering, in particular through Commission initiatives in all related international forums; calls on the EU as a member of the G20 to aim for that forum to undertake a strong action against tax competition;
Amendment 1030 #
2018/2121(INI)
Motion for a resolution
Paragraph 159
Paragraph 159
159. Recalls its position regarding the creation of a globn intergovernmental tax body within the UN framework, which should be well equipped and have sufficient resources to ensure that all countries can participate on an equal footing in the formulation and reform of global tax policies;
Amendment 1038 #
2018/2121(INI)
Motion for a resolution
Paragraph 160
Paragraph 160
160. Calls for a globintergovernmental summit on remaining necessary global tax reforms in order to enhance international cooperation and put pressure on all countries, in particular their financial centres, to comply with transparency and fair taxation standards; calls for the Commission to take the initiative for such a summit and for the summit to allow for the establishment of the abovementioned globintergovernmental tax body;
Amendment 1041 #
2018/2121(INI)
Motion for a resolution
Paragraph 160 a (new)
Paragraph 160 a (new)
160 a. Calls on the Commission and the Member States to push for a second set of international tax reform gathering all countries interested on an equal footing and aiming at tackling the growing corporate tax race to the bottom and the allocation of taxing rights;
Amendment 1045 #
2018/2121(INI)
Motion for a resolution
Paragraph 161
Paragraph 161
161. Believes that supporting developing countries in combating tax evasion and aggressive tax planning, as well as corruption and secrecy that facilitate illicit financial flows, is of the utmost importance for strengthening policy coherence for development in the EU and improving developing countries’ tax capacities and domestic resource mobilisation; stresses the need to increase the share, in terms of aid and development, of financial and technical assistance to the national tax administrations of developing countries;
Amendment 1069 #
2018/2121(INI)
Motion for a resolution
Paragraph 167
Paragraph 167
167. Recalls the need for fair treatment of developing countries when negotiating tax treaties, taking into account their particular situation and ensuring a fair allocation of tax rights according to genuine economic activity and value creation; calls, in this regard, for adherence to the UN model tax convention to be used as a minimum standard and for transparency around treaty negotiations to be ensured;
Amendment 1097 #
2018/2121(INI)
Motion for a resolution
Paragraph 170 b (new)
Paragraph 170 b (new)
170 b. Notes that some tax treaties allow the development of potential harmful tax schemes, such as the ‘SingleMalt’ 1awhich directs profits to countries with which Ireland has a double taxation agreement but that do not have any corporation tax; asks the European Commission to investigate such schemes and assess if they constitute an abuse of tax treaties; _________________ 1a Christian Aid, ‘Impossible’ structures: tax outcomes overlooked by the 2015 tax Spillover analysis, Part Two, 2017 https://www.christianaid.ie/sites/default/fil es/2018-02/impossible-structures-tax- report.pdf
Amendment 1102 #
2018/2121(INI)
Motion for a resolution
Paragraph 171 a (new)
Paragraph 171 a (new)
171 a. Asks Member States to renegotiate their bilateral tax treaties with third countries with the aim of introducing anti-abuse clauses, preventing ‘treaty shopping’ and a race to the bottom among developing countries;
Amendment 1103 #
2018/2121(INI)
Motion for a resolution
Paragraph 171 b (new)
Paragraph 171 b (new)
171 b. Reiterates its call on the European Union and its Member States to ensure that, when negotiating tax and investment treaties with developing countries, income or profits resulting from cross-border activities be taxed in the source country, where value is extracted or created; stresses, in this regard, that the UN Model Tax Convention ensures a fairer distribution of taxing rights between source and residence countries; stresses than when negotiating tax treaties, the European Union and its Member States should comply with the principle of policy coherence for development established in Article 208 TFEU;
Amendment 1111 #
2018/2121(INI)
Motion for a resolution
Paragraph 172
Paragraph 172
172. Calls on the Commission to review all tax treaties in force and signed by Member States with third countries through impact assessment in order to identify potential negative impacts of such treaties on low and lower-middle income countries and to ensure that they treaties are all compliant with new global standards such as the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (‘MLI’); asks the Commission to release recommendations to Member States regarding their existing bilateral tax treaties to ensure that theynotes that the MLI represents OECD-based standards which were not established with consideration to the needs or challenges of developing countries; asks the Commission to release recommendations to Member States regarding their existing bilateral tax treaties to ensure that Member States are open to country context specific responses and enter into bilateral conversations with treaty countries to discuss allocation of taxing rights, and that bilateral tax treaties include general anti-abuse rules, looking at genuine economic activity and value creation;
Amendment 1115 #
2018/2121(INI)
Motion for a resolution
Paragraph 172 a (new)
Paragraph 172 a (new)
172 a. Calls on Member States to mandate the Commission to propose a European tax treaty template, containing a clause on significant digital presence, an anti-abuse rule and an anti-tax dumping clause including a minimum level of effective taxation set at 18% of profits;
Amendment 1132 #
2018/2121(INI)
Motion for a resolution
Paragraph 177
Paragraph 177
177. Welcomes the broad definition of both ‘intermediary’ and ‘reportable cross- border arrangement’ in the recently adopted DAC683 ; _________________ 83stresses that the relevant information in relation to potentially aggressive tax planning arrangements should also be accessible to the general public; _________________ 83 OJ L 139, 5.6.2018, p. 1. OJ L 139, 5.6.2018, p. 1.
Amendment 1149 #
2018/2121(INI)
Motion for a resolution
Paragraph 178 a (new)
Paragraph 178 a (new)
178 a. Calls for a rotation of auditors every 7 years to prevent conflicts of interests and the limitation of the provision of non-audit services to a minimum;
Amendment 1152 #
2018/2121(INI)
Motion for a resolution
Paragraph 178 b (new)
Paragraph 178 b (new)
178 b. Reiterates that intermediaries play a crucial role in facilitating money laundering and the financing of terrorism and should beheld accountable for these actions;
Amendment 1153 #
2018/2121(INI)
Motion for a resolution
Paragraph 178 c (new)
Paragraph 178 c (new)
178 c. Reiterates its call on the Commission to come forward with a legislative proposal on the separation of accounting firms and financial or tax service providers as well as on all advisory services, including a Union incompatibility regime for tax advisers, in order to prevent them from advising both public revenue authorities and taxpayers and to prevent other conflicts of interest;
Amendment 1158 #
2018/2121(INI)
Motion for a resolution
Paragraph 179 a (new)
Paragraph 179 a (new)
179 a. Points out that professional secrecy cannot be used for the purposes of protection, the covering up of illegal practices or violating the spirit of the law; urges that the client/attorney privilege principle should not impede adequate STRs or the reporting of other potentially illegal activities without prejudice to the rights guaranteed by the Charter of Fundamental Rights of the European Union and the general principles of criminal law; calls on the Commission to issue guidance on the interpretation and application of the legal privilege principle for professionals and to introduce a clear demarcation line between traditional judicial advice and lawyers acting as financial operators, in line with case-law of European courts;
Amendment 1159 #
2018/2121(INI)
Motion for a resolution
Paragraph 179 b (new)
Paragraph 179 b (new)
179 b. Calls on the Commission to assess the possibilities of blacklisting financial and non-financial intermediaries based in the EU which operate branches in countries blacklisted as non-cooperative jurisdictions or which are listed as high risk third countries by the Commission; Suggests further that intermediaries should be restricted from operating in the single market if convicted of financial crimes or of facilitating tax evasion;
Amendment 1161 #
2018/2121(INI)
Motion for a resolution
Paragraph 179 c (new)
Paragraph 179 c (new)
179 c. Pays tribute to the brave actions of whistle-blowers and recognizes their fundamental role in a democratic and accountable society;
Amendment 1167 #
2018/2121(INI)
Motion for a resolution
Paragraph 180 a (new)
Paragraph 180 a (new)
180 a. Calls for a general EU fund to be set up to give appropriate financial support to whistle-blowers whose livelihood is put at risk as a result of disclosures of criminal activity or facts with clear public interest;
Amendment 1174 #
2018/2121(INI)
Motion for a resolution
Paragraph 181 a (new)
Paragraph 181 a (new)
181 a. Is concerned by the impact of non- disclosure agreements in employment contracts and dismissal agreements, particularly in the financial sector; calls on the Commission to assess the possibility of proposing legislation banning abusive non-disclosure agreements and declared void agreements which limit the employee’s ability and right to report unlawful activity;
Amendment 1207 #
2018/2121(INI)
Motion for a resolution
Paragraph 188 a (new)
Paragraph 188 a (new)
188 a. Highlights that trade unions should have a greater role in the negotiation of whistleblowing policies and channels in the workplace; calls on Member States to allow, in national law, for whistle-blowers to report wrongdoing to a union representative if they feel they cannot report it internally;
Amendment 1224 #
2018/2121(INI)
Motion for a resolution
Paragraph 194 a (new)
Paragraph 194 a (new)
194 a. Notes that no EU Member States were included on the EU list of non- cooperative jurisdictions as EU Member States were not assessed; welcomes the declaration from the Chair of the Code of Conduct Group indicating that Member States could be assessed in the future1a; demands that such assessment is conducted without any further delay; _________________ 1a “The fact of screening the EU Member States with the same criteria is exactly what is under discussion in the context of the revision of the mandate of the Code Group that currently the Austrian Presidency of the Council is taking forward.” Exchange of views with Fabrizia Lapecorella, Chair of the Code of Conduct Group on Business Taxation, European Parliament, http://www.europarl.europa.eu/cmsdata/1 55396/TAX3%20Verbatim%2010%20Oct ober%202018_OR.pdfOct 2018
Amendment 1228 #
2018/2121(INI)
Motion for a resolution
Paragraph 197
Paragraph 197
197. Believes that the mandate of the CoC Group needs to be updated, since it addresses matters beyond the assessment of harmful EU tax practices, which is more than simply providing technical input to the decisions made by the Council; calls, based on the nature of the work undertaken by the Group which is also of a political nature, for such tasks to be brought back under a framework which enables democratic control or supervision, starting by applying transparency; invites Member States to update the mandate of the CoC Group to include a minimum level of effective taxation set at 18% of profits as well as an increased and improved work on harmful tax practices and on the EU listing process;
Amendment 1233 #
2018/2121(INI)
Motion for a resolution
Paragraph 199 a (new)
Paragraph 199 a (new)
199 a. Reiterates its call for the creation of an EU Tax Policy Coherence and Coordination Centre (EUTPCCC) within the structure of the Commission1a,which would ensure effective and expeditious cooperation between Member States’ and facilitate early warning in cases like the Cum Ex scandal; urges Member States to support this call and for the Commission to present a legislative proposal for such a mechanism; _________________ 1a European Parliament resolution of 6 July 2016 on tax rulings and other measures similar in nature or effect (2016/2038(INI))
Amendment 1280 #
2018/2121(INI)
Motion for a resolution
Paragraph 207
Paragraph 207
207. Takes the view that the work of the TAXE, TAX2, PANA and TAX3 committees should be continued, in the forthcoming parliamentary term, in a permanent structure within Parliament such as a subcommittee to the Committee on Economic and Monetary Affairs (ECON), including Members from a diverse range of committees; considers that the Commissioner for Taxation, the Chair of the CoC Group and the Finance minister holding the rotating EU presidency should appear at least twice a year before the heretofore mentioned permanent structure;
Amendment 95 #
2018/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls onUrges all Member States to promptly shift from joint taxation to individual taxation; believes that until tax systems are no longer based on the assumption that households pool and share their funds equally, tax fairness for women will not be achieved;
Amendment 104 #
2018/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that transition periods towards such an individual taxation system may be necessary in some Member States; calls, during these transition periods,Calls for the elimination of all tax expenditures based on joint income and notes the need to gradually ensure that all tax benefits, cash benefits and in-kind government services are given to women as individuals in order to promotensure their financial and societal autonomy;
Amendment 8 #
2018/2089(INI)
Draft opinion
Recital B
Recital B
B. whereas human error is estimated to play a decisive role in the majority of road accidents, and hence driverless vehicles are expected to improve road safety; whereas a safe development of autonomous driving is a prerequisite for accepting this technology in our society; whereas driverless vehicles could bring mobility to those who are unable to drive, encourage car-sharing schemes and optimise the use of infrastructure by relieving traffic congestion, increase fuel efficiency and facilitate alternative energy sources since autonomous vehicles will not need proximate urban parking and thereby contribute to meeting climate targets;
Amendment 15 #
2018/2089(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas other countries and regions are progressing quickly in the development of autonomous driving and are already adopting strategies for automated vehicles and attracting investment in this field; whereas the economic impact of automated mobility in the EU will be strongly dependent on the ability of European industry to keep pace with international competitors;
Amendment 25 #
2018/2089(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas automated and connected vehicles will have a major societal impact in many different areas and already today, the development of connected and automated mobility poses questions about socio-economic impacts and structural change that need to be addressed;
Amendment 34 #
2018/2089(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that to contribute to the fulfilment of our transport policy goals, autonomous driving should be implemented in a way that significantly contributes to a sustainable transport system that takes into account the environment, climate, road safety, noise and good accessibility for all;
Amendment 39 #
2018/2089(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Highlights that Europe accounts for 23% of global motor vehicle production and that our vision must be for Europe to be a world leader for fully autonomous safe mobility; supports the Commission in its view that for Europe to remain competitive and foster employment, it will be essential that the key technologies, services and infrastructure are developed and produced in Europe and that the necessary regulatory framework is in place; calls on the Commission and Member States to ensure and facilitate the necessary investments needed, in particular for SMEs, to develop the relevant technologies, to create the necessary infrastructure support and to ensure social acceptance for automated mobility;
Amendment 52 #
2018/2089(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the European Commission and Member States to enlarge their policies on autonomous driving to include also collective transport as well as to enlarge their views to all modes of transport;
Amendment 55 #
2018/2089(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Considers that in order to deploy successfully and massively automated vehicles on the roads in the EU, it is also necessary to encompass it with deployment of very High Capacity telecommunication Networks as well as an efficient use of the European GALILEO satellite technology and applications;
Amendment 57 #
2018/2089(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Recalls that the European Parliament in its Resolution of 13 March 2018 on a European Strategy on Cooperative Intelligence Transport Systems urged the Commission to issue a legislative proposal on access to in-vehicle data and resources by the end of the year; calls on the Commission to ensure a level playing field on access to in-vehicle data and resources, protecting consumer rights and promoting innovation and fair competition;
Amendment 64 #
2018/2089(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that autonomous driving will represent a major paradigm-shift that will significantly alter current models of mobility and ownership of vehicles; considers that, if well framed, autonomous driving can represent a major improvement in vehicle-use efficiency, as well as significantly contribute to reduce congestion and consequently reduce CO2 emissions and other pollutants;
Amendment 66 #
2018/2089(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on all relevant actors, Member States and authorities to show collaborative leadership and coordinate and cooperate in order to promote innovation, safeguard investments in automated mobility infrastructure and facilitate cross-border testing;
Amendment 70 #
2018/2089(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the deployment of connected and automated mobility technologies in commercial road traffic has structural effects on the labour market, in particular in the transport sector; calls on the Commission and Member States to actively facilitate a dialogue with and between stakeholders, including the social partners, on how to manage and mitigate this structural change. It is essential to ensure a just transition for potential workers whose jobs may change or disappear due to automation, offering them every opportunity to acquire the skills and knowledge they need to master new technology as well as to support them during labour market transitions.
Amendment 19 #
2018/0332(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In its resolution of 8 February 2018, the European Parliament called on the Commission to conduct an thorough assessment of the summer-time arrangements provided by Directive 2000/84/EC and, if necessary, to come up with a proposal for its revision. That resolution also confirmed that it is essential tostressed the importance of maintaining a harmonised approach to time arrangements throughout the Union and a unified EU time regime.
Amendment 21 #
2018/0332(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The Commission has examined available evidence, which points to the importance of having harmonised Union rules in this area to ensure the proper functioning of the internal market, create predictability and long-term certainty and avoid, inter alia, disruptions to the scheduling of transport operations, the energy sector and the functioning of information and communication systems, higher costs to cross-border trade, or lower productivity for goods and services. Evidence is not conclusive as to whether the benefits of summer-time arrangements outweigh the inconveniencesFurthermore, while scientific evidence is not yet fully conclusive, recent scientific studies have pointed out the possible negative effects on human health linked to a biannual change of time.
Amendment 24 #
2018/0332(COD)
Proposal for a directive
Recital 4
Recital 4
(4) A lively public debate is taking place on summer-time arrangements, and ss is shown in the 4,6 million replies from citizens in the public consultation held by the Commission where a majority is against the current system with the seasonal time change. Some Member States have also already expressed their preference to discontinue the application of such arrangements. In the light of these developments, it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between Member States in this area. Therefore, it is appropriate to put an end in a coordinated way to summer-time arrangements.
Amendment 31 #
2018/0332(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
Amendment 37 #
2018/0332(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive should not prejudice the right of each Member State to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the Treaties, and on further changes thereto. However, in order to ensure that the application of summer-time arrangements by some Member States only does not disrupt the functioning of the internal market, Member States should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes, be such change presented as a change of time zone. Moreover, in order to minimise disruptions, inter alia, to the internal market, the energy sector, transport, communications and other concerned sectors, they should notify the Commission and all other Member States in due time of their intention to change their standard time and subsequently apply the notified changes. The Commission should, on the basis of that notification, inform all other Member States so that they can take all necessary measures. It should also inform the general public and stakeholders by publishing this information.
Amendment 47 #
2018/0332(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should apply from 1 April 2019, so that the last summer-time period subject to the rules of Directive 2000/84/EC should start, in every Member State, at 1.00 a.m., Coordinated Universal Time, on 31 March 2019. Member States that, after that summer-time period,8 months after this legislation has been adopted. Member States that intend to adopt a standard time corresponding to the time applied during the winter or summer season in accordance with Directive 2000/84/EC should change their standard time at 1.00 a.m., Coordinated Universal Time, on 27 October 2019the last Sunday in March or last Sunday in October that year, so that similar and lasting changes occurring in different Member States take place simultaneously. It is very desirable that Member States take the decisions on the standard time that each of them will apply as from 2019 in a concerted manner.
Amendment 53 #
2018/0332(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In order to strengthen the cooperation and coordination between Member States and to facilitate that Member States take decisions on their standard time in a concerted and coordinate manner, a network of national contact points on time arrangement should be set up.
Amendment 63 #
2018/0332(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Notwithstanding paragraph 1, Member States may still apply a seasonal change of their standard time or times in 2019the year of the implementation of this Directive, provided that they do so at 1.00 a.m., Coordinated Universal Time, on 27 October 2019the last Sunday in March or last Sunday in October of that year when this Directive is implemented, meaning 18 months after the adoption of this Directive. The Member States shall notify this decision in accordance with Article 2.
Amendment 71 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Without prejudice to Article 1, if a Member State decides to change its standard time or times in any territory under its jurisdiction, it shall notify the Commission and all other Member States at least 618 months before the change takes effect. Where a Member State has made such a notification and has not withdrawn it at least 618 months before the date of the envisaged change, the Member State shall apply this change.
Amendment 77 #
2018/0332(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Within 1 month of the notification, the Commission shall inform the other Member States thereof and publish that information in the Official Journal of the European Union and inform the general public.
Amendment 81 #
2018/0332(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall report to the European Parliament and to the Council on the implementation of this Directive by 31 December 2024five years after the adoption of this Directive at the latest.
Amendment 87 #
2018/0332(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall provide the Commission with the relevant information by 30 April 2024five years after the adoption of this Directive at the latest.
Amendment 93 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 1 April 201918 months after the adoption of this Directive at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 100 #
2018/0332(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1 April 201918 months after the adoption of this Directive.
Amendment 110 #
2018/0332(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Directive 2000/84/EC is repealed with effect from 1 April 201918 months after the adoption of this Directive.
Amendment 134 #
2018/0254(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In certain circumstances, if this is necessary for achieving the objectives of the action, it should be possible to derogate from the principle that recipients and their subcontractors should not be subject to control by non-associated third countries or non-associated third country entities. In that perspective, legal entities established in the Union that are controlled by a non-associated third country or a non- associated third country entity can be eligible if relevant and strict conditions relating to the security and defence interests of the Union and its Member States are fulfilled. The participation of such entities should not contravene the objectives of the Fund. Applicants should provide all relevant information about the infrastructure, facilities, assets and resources to be used in the action.
Amendment 220 #
2018/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The Fund shall be open to the European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement or equivalent agreements or arrangements.
Amendment 222 #
2018/0254(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall award funding for support to, but not limited to, disruptive technologies for defence through open and public consultations on the areas of intervention defined in the work programmes.
Amendment 267 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. By derogation from paragraph 1, an applicant established in the Union or in an associated country and controlled by a non- associated third country or a non- associated third country entity mayshall be eligible for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the Union and its Member States. In order to ensure protection ofprovided that guarantees approved by the Member State in which it is established in accordance with its national procedure are made available to the Commission. Those guarantees may refer to the undertaking’s executive managements structure established in the Union. If deemed appropriate by the Member State in which the undertaking is established, those guarantees may also refer to specific governmental rights in the control over the undertaking. The guarantees shall provide assurances that the involvement in an action of such an undertaking would not contravene the security and defence interests of the Union and its Member States, the call for proposals shall require the applicant to provide information demonstrating notably as established in the framework of the Common Foreign and Security Policy pursuant to Title V of the TEU, or the objectives set out in Article 3. The guarantees shall in particular substantiate that, for the purpose of the action, measures are in place to ensure that:
Amendment 279 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the control over the applicant will is not be exercised in a manner that restricts in any way its ability to perform and complete the action;
Amendment 281 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the access by non-associated third countries or by non-associated third country entities to classified and non- classified sensitive information relating to the action will beis prevented; and the persons involved in the action will have national security clearance issued by a Member State or associated country, where appropriate;
Amendment 287 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. All infrastructure, facilities, assets and resources used in actions financed under the Fund shall be located on the territory of the Union or associated countries. Furthermore, when performing an eligible action, beneficiaries and their subcontractors shall cooperate only with legal entities established in the Union or in an associated country and not controlled by non-associated third countries or non-associated third country entities.
Amendment 293 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. By derogation from the paragraph 3 beneficiaries and subcontractors involved in the action may use their assets, infrastructure, facilities and resources located or held on the territory of a non- associated third country if this is necessary for achievshould no competitive substitutes are readily available ing the objectives of an action andUnion provided that this will not put at risk the security of the Union and its Member States. Under the same conditionsFurthermore, when performing an eligible action, beneficiaries and their subcontractors may cooperate with an entity established in a non- associated third country. Such cooperation shall be consistent with the objectives set out in Article 3. The costs related to the use of such infrastructure, facilities, assets or resources and to such cooperation shall not be eligible under the Fund.
Amendment 297 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In order to ensure protection of the security interests of the Union and its Member States, the call for proposals or grant agreement shallmay specify further conditions. These conditions shall relate, in particular to the provisions on ownership of results of the action and access to classified and non-classified sensitive information and to guarantees on security of supply.
Amendment 298 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 299 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Applications which require the verifications under paragraph 2 or paragraph 4 may only be submitted with the agreementgranted funds with the approval or verification of the Member State or associated country in which the applicant is established.
Amendment 300 #
2018/0254(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. In the event of a change during the implementation of an action which might question the fulfilment of those criteria and conditions, the beneficiary shall inform the Commission, which shall assessk the Member state, where the beneficiary is established, to verify whether those criteria and conditions are still met and address the potential impact on the funding of the action.
Amendment 383 #
2018/0254(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 392 #
2018/0254(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where necessary for the protection of the essential security interest of the Union and its Member States, the Commission shall set the requisite eligibility conditions applicable to the procurement or prizes financed by the Fund. Particular regard shall be had, for that purpose, to the need for recipients to be established in the Union or in associated countries, to commit to carry out any relevant activities inside the Union and not to be effectively controlled by non-associated third countries or non-associated third country' entities. Those conditions shall be included in the documents relating to the procurement or prize, as applicable, and shall apply to the full life cycle of the resulting contract.
Amendment 406 #
2018/0254(COD)
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
8. Specific provisions regarding ownership, access rights and licensing shall be laid down in the grant agreements and contracts regarding pre-commercial procurement to ensure maximum uptake of the results and to avoid any unfair advantage. The contracting authorities shall enjoy at least royalty-free access rights to the results for their own use and the right to grant, or require the recipients to grant, non-exclusive licences to third parties to exploit the results under fair and reasonable conditions without any right to sub-license, upon their explicit request. All Member States and associated countries shall have royalty-free access to the special report, upon their explicit request. If a contractor fails to commercially exploit the results within a given period after the pre- commercial procurement as identified in the contract, it shall transfer any ownership of the results to the contracting authorities.
Amendment 409 #
2018/0254(COD)
Proposal for a regulation
Article 23 – paragraph 3 – point a
Article 23 – paragraph 3 – point a
(a) at least two Member States and/or associated countries intend to procure the final product or use the technology in a coordinated way, this may includinge joint procurement;
Amendment 411 #
2018/0254(COD)
(b) the action is based on commonharmonised technical specifications jointly agreed by the Member States and/or associated countries which co-finance the action.
Amendment 107 #
2018/0236(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Member States have long been active in the field of space. They have systems, infrastructure, national agencies and bodies linked to space. They can therefore make a big contribution the Programme, especially its implementation, and should be required to cooperate fully with the Union to promote the Programme’s services and applications. The Commission should be able to mobilise the means at Member States' disposal, might entrust the Member States with non-regulatory tasks in the execution of the Programme and benefit from their assistance. Moreover, the Member States concerned should take all necessary measures to ensure the protection of the ground stations established on their territories. In addition, Member States and the Commission should work together and with appropriate international bodies and regulatory authorities to ensure that the frequencies necessary for the Programme are available and have an adequate protectedion to allow for the full development and implementation of applications based on the services offered, in compliance with Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme15 . _________________ 15 Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).
Amendment 144 #
2018/0236(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) In addition, the SST should be complementary to existing mitigation measures, such as the Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space (COPUOS) and Guidelines for the Long- term Sustainability of Outer Space Activities, or other initiatives, to ensure the safety, security and sustainability of outer space activities. With a view to reducing risks of collision, the SST would also seek synergies with initiatives of active removal and passivation measures of space debris. The SST should contribute to ensuring the peaceful use and exploration of outer space. The increase in space activities may have implication on the international initiatives in the area of the space traffic management, including active debris removal. The Union should monitor those developments and may take them into consideration in the context of the mid-term review of the current MFF.
Amendment 178 #
2018/0236(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) an autonomous, user-driven, Earth observation system under civil control, offering geo-information data and services, comprising satellites, in situ sensors, ground infrastructure, data and information processing facilities, and distribution infrastructure, and fully integrating the needs and requirements of security (‘Copernicus’);
Amendment 232 #
2018/0236(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point f
Article 4 – paragraph 2 – point f
(f) stimulate economical growth by supporting and reinforceing the competitiveness, entrepreneurship, skills and capacity to innovate of legal and natural persons from the Union active or wishing to become active in that sector, with particular regard to the position and needs of small and medium-sized enterprises and start-ups.
Amendment 285 #
2018/0236(COD)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Programme's components, with the exception of the SST and GOVSATCOM, shall be open to the following third countries:
Amendment 287 #
2018/0236(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) countries with which the Union has arrangements for security policy cooperation.
Amendment 346 #
2018/0236(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Where necessary for the protection of the essential security interest of the Union and its Member States, in particular with regard to the need to preserve the integrity and resilience of the Union systems, as well as the autonomy of the industrial basis on which they rely, the Commission shall set the requisite eligibility conditions applicable to the procurement, grants or prizes covered by this Title. Particular regard shall be had, for that purpose, to the need for eligible undertakings to be established in a Member State, and to commit to carry out any relevant activities inside the Union and to be effectively controlled by Member States or nationals of Member States. Those conditions shall be included in the documents relating to the procurement, grant or prize, as applicable. In the case of procurement, the conditions shall apply to the full life cycle of the resulting contract.
Amendment 351 #
2018/0236(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point d a (new)
Article 27 – paragraph 1 – point d a (new)
(da) transparent and cost efficient management;
Amendment 358 #
2018/0236(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Commission or, for the tasks referred to in Article 30, the Agency may entrust specific tasks to Member States or national agencies or to groups of these Member States or national agencies. The Member States shall take all the necessary measures to ensure the smooth functioning of the Programme and the promotion of their use, including by helping to protect the frequencies required for this programme at an adequate level.
Amendment 463 #
2018/0236(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – point a
Article 34 – paragraph 1 – subparagraph 1 – point a
(a) the protection of infrastructure, both ground and space, interference with the data streams and of the provision of services, particularly against physical or cyber-attacks;
Amendment 505 #
2018/0236(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Copernicus shall be implemented building on prior Union investments of the Union and of the ESA Member States and, where appropriate, drawing on the national or regional capacities of Member States and taking into account the capacities of commercial suppliers of comparable data and information and the need to foster competition and market development.
Amendment 513 #
2018/0236(COD)
Proposal for a regulation
Article 48 – paragraph 3 – point c
Article 48 – paragraph 3 – point c
(c) data access and distribution component, which shall include infrastructure and services to ensure the discovery, viewing, long-term archiving, access to, distribution and exploitation of Copernicus data and Copernicus information, in a user-friendly manner;
Amendment 514 #
2018/0236(COD)
Proposal for a regulation
Article 48 – paragraph 3 – point d
Article 48 – paragraph 3 – point d
(d) user uptake, capacity building and market development component in accordance with Article 29(5), which shall include relevant activities, resources and services to promote Copernicus, its data and services at all levels to maximise socio- economic benefits which are referred to in Article 4(1).
Amendment 528 #
2018/0236(COD)
Proposal for a regulation
Article 50 – paragraph 1 – point a – introductory part
Article 50 – paragraph 1 – point a – introductory part
(a) environmental monitoring, sustainable development, reporting and compliance assurance services covering:
Amendment 69 #
2018/0231(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The Programme should therefore continue to support the specific activities covered by the 2017-2020 Capacity- Building Programme enhancing the involvement of consumers and other financial services end-users in Union policy-making, as set out in Regulation (EU) 2017/826 of the European Parliament and of the Council60 which continued the pilot programme and preparatory action of the years 2012-2017. This is necessary in order to provide policy makers with views from stakeholders other than financial sector professionals and ensure a better representation of the interests of consumers and other financial services end-users. The programme shall continuously develop its methodology and best practices on how to increase the engagement of consumers and financial-services end-users in order to identify issues relevant for Union policy-making and ensuring the interests of consumers in the area of financial services. This should result in better financial services policies, notably thanks to a better public understanding of the issues at stake in financial regulation and enhanced financial literacy. _________________ 60 Regulation (EU) 2017/826 of the European Parliament and of the Council of 17 May 2017 on establishing a Union programme to support specific activities enhancing the involvement of consumers and other financial services end-users in Union policy-making in the area of financial services for the period 2017-2020 (OJ L 129, 19.5.2017, p.17).
Amendment 91 #
2018/0231(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d – point ii
Article 3 – paragraph 2 – point d – point ii
(ii) enhancing the participation of consumers, other financial services end- users and civil society in financial services policy-making; promoting a better understanding of the financial sector and ensuring the interests of consumers in the area of retail financial services;
Amendment 157 #
2018/0228(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to reflect growing transport flows and the evolution of the networko ensure better connectivity of core ports and cross-border projects, the alignment of the core network corridors and their pre-identified sections should be adapted. These adaptations would secure a timely implementation of the TEN-T core network and assure that the nine core network corridors cover the whole of the European Union. In addition, these adaptations should be proportionate in order to preserve the consistency and the efficiency of the corridor development and coordination. For that reason the length of the core network corridors should not increase by more than 15%.
Amendment 1159 #
2018/0228(COD)
Proposal for a regulation
Annex I – Part III – point 1 – table – Core network corridor “Scandinavian- Mediterranean”
Annex I – Part III – point 1 – table – Core network corridor “Scandinavian- Mediterranean”
Core network corridor "Scandinavian – Mediterranean" Alignment RU border – Hamina/Kotka – Helsinki – Turku/Naantali – Stockholm – Örebro – Malmö Narvik/Oulu – Luleå – Umeå – Stockholm Oslo – Goteburg – Malmö – Trelleborg Malmö – København – Fredericia – Aarhus – Aalborg - Hirtshals/Frederikshavn København – Kolding/Lübeck – Hamburg – Hannover Bremerhaven – Bremen – Hannover – Nürnberg Rostock – Berlin – Leipzig – München Nürnberg – München – Innsbruck – Verona – Bologna – Ancona/Firenze Livorno/La Spezia – Firenze – Roma – Napoli – Bari – Taranto – Valletta Napoli – Gioia Tauro – Palermo/Augusta – Valletta Pre- Cross-border RU border – Helsinki Rail identified sections København – Hamburg: Fehmarn belt fixed link access routes München – Wörgl – Innsbruck – Fortezza – Bolzano – Trento – Verona: Brenner base tunnel and its access routes København – Hamburg: Fehmarn Rail/Road belt fixed link Trelleborg - Malmö - Göteborg - Rail No border (cross-border, rail)
Amendment 351 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point p
Article 2 – paragraph 2 – point p
(p) improving access to risk finance, in particular through synergies with InvestEU with a focus on phases where the market does not provide viable financing.
Amendment 354 #
2018/0225(COD)
Proposal for a decision
Article 2 – paragraph 2 – point p a (new)
Article 2 – paragraph 2 – point p a (new)
(p a) strengthening gender mainstreaming and the integration of the gender dimension in the content of research and innovation.
Amendment 440 #
2018/0225(COD)
Proposal for a decision
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) content of relevant work programmes and their revision as needed for achieving the mission objectives, in co- design with stakeholders and the public where relevant;
Amendment 668 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 2 – point 2.2 – point 2.2.1 – paragraph 2 – indent 1
Annex I – part I – point 2 – point 2.2 – point 2.2.1 – paragraph 2 – indent 1
– Mobility experiences within or outside Europe for the best or most promising researchers regardless of nationality to undertake excellent research and develop their skills as well as career in both the academic, including research infrastructures, and non-academic sector.
Amendment 680 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 2 – point 2.2 – point 2.2.4 – paragraph 1
Annex I – part I – point 2 – point 2.2 – point 2.2.4 – paragraph 1
Synergies between research and innovation systems and programmes at EU, regional and national level need to be significantly strengthened. This can be achieved in particular through synergies and complementarities with other parts of Horizon Europe such as the European Institute of Innovation and Technology (EIT) and other EU programmes, notably the ESF+, including via a Seal of Excellence. To make use of the synergies between the programmes, the rules must be streamlined and simplified.
Amendment 685 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 2 – point 2.2 – point 2.2.5 – paragraph 2 – indent 3
Annex I – part I – point 2 – point 2.2 – point 2.2.5 – paragraph 2 – indent 3
– Diffusion and clustering of knowledge through cross-project collaboration, NCP projects and other networking activities such as an alumni service.
Amendment 696 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 3 – point 3.1 – paragraph 3
Annex I – part I – point 3 – point 3.1 – paragraph 3
Past framework programmes have made a significant contribution towards the more efficient and effective use of national infrastructures as well as developed with the European Strategy Forum on Research Infrastructures (ESFRI) a coherent and strategy-led approach to policy making on pan-European research infrastructures. This strategic approach has generated clear advantages, including reducing duplication of effort with more efficient overall use of resources, as well as standardising processes and procedures. Research mobility plays an import role in strengthening the use of research infrastructures.
Amendment 706 #
2018/0225(COD)
Proposal for a decision
Annex I – part I – point 3 – point 3.2 – point 3.2.2 – paragraph 2 – indent 1
Annex I – part I – point 3 – point 3.2 – point 3.2.2 – paragraph 2 – indent 1
Amendment 732 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – paragraph 4
Annex I – part II – paragraph 4
The EU will benefit as user and producer of technologies and industries showcasing how modern industrialised, sustainable inclusive, open and democratic society and economy can function and develop. The growing economic-environmental-social examples of the sustainable industrial economy of the future will be fostered and boosted, be they for: health and well-being for all; or resilient inclusive and secure societies; or available clean energy and mobility; or a digitised economy and society; or a transdisciplinary and creative industry; or space marine or land-based solutions; or food and nutrition solutions; sustainable use of natural resources, protection of the environment, climate protection and adaptation, all generating wealth in Europe and offering higher quality jobs. Industrial transformation will be crucial. Gender equality is a crucial factor in order to obtain sustainable economic growth. It is therefor important to integrate a gender perspective in all global challenges in particular regarding digital transformation and AI.
Amendment 758 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.1 – paragraph 3
Annex I – part II – point 1 – point 1.1 – paragraph 3
Health research and innovation research and innovation have played a significant part in this achievement but also in improving productivity and quality in the health and care industry. However, the EU continues to face novel, newly emerging or persisting challenges that are threatening its citizens and public health, the sustainability of its health care and social protection systems, as well as the competitiveness of its health and care industry. Major health challenges in the EU include: the lack of effective health promotion and disease prevention; the rise of non-communicable diseases; the spread of antimicrobial drug resistance and the emergence of infectious epidemics; increased environmental pollution; the increase of mental illness; the persistence of health inequalities among and within countries affecting disproportionally people that are disadvantaged or in vulnerable stages of life; the detection, understanding, control, prevention and mitigation of health risks in a rapidly changing social, urban and natural environment; the increasing costs for European health care systems and the progressive introduction of personalised medicine approaches and digitalisation in health and care; and the increasing pressure on the European health and care industry to remain competitive in and by developing health innovation vis-a- vis new and emerging global players. Challenges also include taking full advantage of the progressive introduction of personalised medicine approaches and of the opportunities that digitalisation in health and care provide.
Amendment 762 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.1 – paragraph 4
Annex I – part II – point 1 – point 1.1 – paragraph 4
These health challenges are complex, interlinked and global in nature and require multidisciplinary, cross-sectorial and transnational collaborations. Research and innovation activities will build close linkages between discovery, clinical, epidemiological, ethical, environmental and socio- economic research as well as with regulatory sciences. They will harness the combined skills of academia and industry and foster their collaboration with health services, patients, policy-makers and citizens in order to leverage on public funding and ensure the uptake of results in clinical practice as well as in health care systems. They will foster strategic collaboration at EU and international level in order to pool the expertise, capacities and resources needed to create economies of scale, scope and speed as well as to share the expected benefits and financial risks involved.
Amendment 772 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.1 – paragraph 5
Annex I – part II – point 1 – point 1.1 – paragraph 5
The research and innovation activities of this global challenge will develop the knowledge base, build the research and innovation capacity and develop the solutions needed for a more effective promotion of health and the prevention, preventive measures, treatment and cure of diseases. Improving health outcomes will in turn result in increased life expectancy, healthy active lives and productivity of working age people, and sustainability of health and care systems.
Amendment 778 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.1 – paragraph 1
Annex I – part II – point 1 – point 1.2 – point 1.2.1 – paragraph 1
People in vulnerable stages of life (birth, infancy, childhood, adolescence, pregnancy, mature and late adulthood), including people with disabilities or injuries and other groups with special needs, have specific health needs that require better understanding and tailored solutions. This will allow reducing related health inequalities and improving health outcomes to the benefit of active and healthy ageing throughout the life course, in particular through a healthy start of life reducing the risk of mental and physical diseases later in life.
Amendment 804 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.2 – paragraph 1
Annex I – part II – point 1 – point 1.2 – point 1.2.2 – paragraph 1
Improved understanding of health drivers and risk factors determined by the social, economic and physical environment in people’s everyday life and at the workplace, including the health impact of digitalisation, pollution, climate change, clean sea and clean water, protection of the environment, preventive chemical control and other environmental issues, will contribute to identify and mitigate health risks and threats; to reducing death and illness from exposure to chemicals and environmental pollution; to supporting environmental-friendly, healthy, resilient and sustainable living and working environments; to promoting healthy lifestyles and consumption behaviour; and to developing an equitable, inclusive and trusted society.
Amendment 821 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.2 – paragraph 2 – indent 3
Annex I – part II – point 1 – point 1.2 – point 1.2.2 – paragraph 2 – indent 3
– Risk assessment, management and communication, including information sharing, supported by improved tools for evidence-based decision-making, including alternatives to animal testing;
Amendment 837 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.3 – paragraph 2 – indent 4
Annex I – part II – point 1 – point 1.2 – point 1.2.3 – paragraph 2 – indent 4
– Treatments or cures, including both pharmacological and nonpharmacological treatments, including gene and cell therapy;
Amendment 854 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.4 – paragraph 2 – indent 3
Annex I – part II – point 1 – point 1.2 – point 1.2.4 – paragraph 2 – indent 3
– Vaccines, diagnostics, treatments, including new antibiotics and cures for infectious diseases, including co- morbidities and co-infections;
Amendment 872 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 1
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 1
Health technologies and tools are vital for public health and contributed to a large extent to the important improvements achieved in the quality of life, health and care of people, in the EU. It is thus a key strategic challenge to design, develop, deliver and implement suitable, trustable, safe, and cost-effective tools and technologies for health and care, taking due account of the needs of people with disabilities and the aging society. These include artificial intelligence, robotics and other digital technologies, offering significant improvements over existing ones, as well as stimulating a competitive and sustainable health-related industry that creates high-value jobs. The European health-related industry is one of the critical economic sectors in the EU, accounting for 3% of GDP and 1.5 million employees.
Amendment 876 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 2 – indent 1
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 2 – indent 1
– Tools and, technologies and digital skills for applications across the health spectrum and any relevant medical indication, including functional impairment;
Amendment 877 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 2 – indent 1 a (new)
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 2 – indent 1 a (new)
- Artificial intelligence and robotics for health technologies and tools;
Amendment 882 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 2 – indent 4
Annex I – part II – point 1 – point 1.2 – point 1.2.5 – paragraph 2 – indent 4
– Innovative processes and services for the development, manufacturing and rapid delivery of tools and technologies for health and care and industry;
Amendment 898 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 1 – point 1.2 – point 1.2.6 – paragraph 2 – indent 3 a (new)
Annex I – part II – point 1 – point 1.2 – point 1.2.6 – paragraph 2 – indent 3 a (new)
- Big data analytics based on cloud computing and machine learning as advanced diagnostic tools;
Amendment 967 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.2 – paragraph 2 – indent 2
Annex I – part II – point 2 – point 2.2 – point 2.2.2 – paragraph 2 – indent 2
– Access to and sharing of cultural heritage and its information, with innovative patterns and uses, including digital ones, and participatory management models;
Amendment 1018 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.4 – paragraph 1
Annex I – part II – point 2 – point 2.2 – point 2.2.4 – paragraph 1
Disasters arise from multiple sources, whether natural or man-made, including those from terrorist attacks, climate-related and other extreme events (including from sea level rises), from forest fires, heat waves, floods, erosion, landslides, earthquakes, tsunamis and volcanic events, from water crises, from space weather events, from industrial and transport disasters, from CBRN events, as well as those from resulting cascading risks. The aim is to prevent and reduce the loss of life, harm to health and the environment, economic and material damage from disasters, ensure food security as well as to improve the understanding and reduction of disaster risks and post-disaster lesson learning. The mentioned disasters all have specific gender related aspects that need to be considered.
Amendment 1066 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 2
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 2
– Technologies to address, methods and best practices to address, prevent, mitigate and recover from current cybersecurity threats, anticipating future needs, and sustaining a competitive industry with high availability;
Amendment 1070 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 3 a (new)
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 3 a (new)
– Improved knowledge and awareness concerning cybersecurity risks and consequences;
Amendment 1071 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 3 b (new)
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 3 b (new)
– Secure software and hardware development and test facilities for security testing of software and hardware;
Amendment 1072 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 3 c (new)
Annex I – part II – point 2 – point 2.2 – point 2.2.6 – paragraph 2 – indent 3 c (new)
– Security level of cloud services and legal aspects of using cloud services.
Amendment 1088 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.1 – paragraph 3
Annex I – part II – point 3 – point 3.1 – paragraph 3
Digitisation is a major driver. As it continues at a rapid pace across all sectors, investment in priority areas ranging from artificial intelligence to next generation internet, high performance computing, photonics and nano-electronics, smart environmental data, becomes essential for the strength of our economy and the sustainability of our society. Investing, producing and using ICT provides a major boost to EU economic growth, amounting to an increase of 30% between 2001 and 2011 alone.
Amendment 1098 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.1 – paragraph 7
Annex I – part II – point 3 – point 3.1 – paragraph 7
The EU has the unique chance of being a global leader and increase its share of world markets, by showcasing how digital transformation, leadership in key enabling and space technologies, the transition to a low-carbon, bio-based and circular economy and competitiveness can reinforce each other through scientific and technological excellence.
Amendment 1106 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.1 – paragraph 9
Annex I – part II – point 3 – point 3.1 – paragraph 9
A strong engagement of industry is essential in setting priorities and developing research and innovation agendas, increasing the leverage of public funding, and ensuring the uptake of results. Societal understanding and acceptance, including consideration of universal design in the design of products, goods and services, are key ingredients for success, as well as a new agenda for industry-relevant skills and standardisation.
Amendment 1116 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.1 – paragraph 2 – indent 1
Annex I – part II – point 3 – point 3.2 – point 3.2.1 – paragraph 2 – indent 1
– Breakthrough manufacturing technologies such as additive manufacturing, flexible industrial automation and robotics, human integrated manufacturing systems, also promoted via an EU network of industrially-oriented infrastructures;
Amendment 1125 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.1 – paragraph 2 – indent 4 a (new)
Annex I – part II – point 3 – point 3.2 – point 3.2.1 – paragraph 2 – indent 4 a (new)
– Breakthrough innovations in digitalization enabling highly autonomous, integrated value chains, and smart process industrial production systems, including flexible and evolvable automation systems that are user oriented.
Amendment 1138 #
2018/0225(COD)
– Nano-electronics design and processing concepts responding to the specific requirements of digital transformation and global challenges, in terms of performance, functionality, energy consumption and integration;
Amendment 1142 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.2 – paragraph 2 – indent 2
Annex I – part II – point 3 – point 3.2 – point 3.2.2 – paragraph 2 – indent 2
– Sensing and actuating technologies and their co- integration with communications and computational units as the enabler of the Internet of Things, including innovative solutions on flexible and conformable materials for human- and environmental friendly interacting objects;
Amendment 1158 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.2 – paragraph 2 – indent 9 a (new)
Annex I – part II – point 3 – point 3.2 – point 3.2.2 – paragraph 2 – indent 9 a (new)
– Connectivity technologies for future smart and secure networks.
Amendment 1159 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.2 – paragraph 2 – indent 9 b (new)
Annex I – part II – point 3 – point 3.2 – point 3.2.2 – paragraph 2 – indent 9 b (new)
– High power technologies for lowering energy consumption and carbon footprint in the production, conversion and transmission of electricity.
Amendment 1165 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.3 – paragraph 1
Annex I – part II – point 3 – point 3.2 – point 3.2.3 – paragraph 1
The EU is a global leader in advanced materials and associated processes, which make up 20% of its industry base and form the root of nearly all value chains through the transformation of raw materials. To remain competitive and meet citizens’ needs for sustainable, safe and advanced materials, the EU must continue taking the lead in the processing of raw materials, developing new materials, improve the recyclability of materials, reduce the carbon and environmental footprint, and drive cross-sectoral industrial innovation by supporting new applications in all industry sectors.
Amendment 1173 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.3 – paragraph 2 – indent 2
Annex I – part II – point 3 – point 3.2 – point 3.2.3 – paragraph 2 – indent 2
– Integrated materials processes and production following a customer-oriented and ethical approach, including pre- normative activities and life-cycle assessment, sourcing and management of raw materials, including Critical Raw Materials, durability, reusability and recyclability, safety, risk assessment and management. Processes for separating biomaterials and improving resource efficiency;
Amendment 1184 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.4 – paragraph 2 – indent 2
Annex I – part II – point 3 – point 3.2 – point 3.2.4 – paragraph 2 – indent 2
– Safe, smart and efficient robotics including field robotics, enabling the integration of robotics technology in everyday life and complex embodied systems;
Amendment 1186 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.4 – paragraph 2 – indent 4
Annex I – part II – point 3 – point 3.2 – point 3.2.4 – paragraph 2 – indent 4
– Developing and networking the research competences of AI competence centres across Europe, where AI experimentation, studies and validation can be performed on real world data under strict confidentiality;
Amendment 1196 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.5 – paragraph 2 – indent 1
Annex I – part II – point 3 – point 3.2 – point 3.2.5 – paragraph 2 – indent 1
– Technologies and systems for trusted and energy-efficient smart network and service infrastructures (connectivity beyond 5G, software defined infrastructures, Internet of things, cloud infrastructures, cognitive clouds), enabling real-time capabilities, virtualisation and decentralised management (ultrafast and flexible radio, edge computing, blockchains, shared contexts and knowledge) to ensure scalable, efficient and reliable network performance suited for massive service deployment;
Amendment 1204 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.6 – paragraph 2 – indent 1
Annex I – part II – point 3 – point 3.2 – point 3.2.6 – paragraph 2 – indent 1
– High Performance Computing (HPC): development of the next generation of key exascale and post-exascale technologies and systems (e.g. low-power microprocessors, software, system integration); algorithms, codes and applications, and analytic tools and test- beds; industrial pilot test-beds and services; supporting research and innovation for a world-class HPC infrastructure, including the first hybrid HPC / Quantum computing infrastructure in the EUbusiness models for shared HPC infrastructures and services;
Amendment 1223 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.7 – paragraph 4 – indent 5
Annex I – part II – point 3 – point 3.2 – point 3.2.7 – paragraph 4 – indent 5
– ESafe handling or elimination of substances of concern in the production and end-of-life phases; safe substitutes, and safe and cost- efficient production technologies;
Amendment 1234 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.8 – paragraph 2
Annex I – part II – point 3 – point 3.2 – point 3.2.8 – paragraph 2
Breakthrough technologies to achieve significant reductions in greenhouse gases and pollutants, often combined with the technologies for circular industry above, and digital technologies, will lead to strong industrial value chains, revolutionise manufacturing capacities and improve the global competitiveness of industry; and at the same time make key contributions to our targets for climate action and environmental quality. Research and development focused on developing less hazardous substances should be encouraged and stimulated. This could include green chemistry.
Amendment 1285 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 8 a (new)
Annex I – part II – point 3 – point 3.2 – point 3.2.9 – paragraph 3 – indent 8 a (new)
– Space AI and robotics: novel solutions for space missions e.g. space assembly, space manipulation, cognitive space systems, robot-human collaboration in space.
Amendment 1336 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.1 – paragraph 2 – indent 4
Annex I – part II – point 4 – point 4.2 – point 4.2.1 – paragraph 2 – indent 4
– Adaptation pathways and policies for vulnerable ecosystems, critical economic sectors and infrastructure and the built environment in the EU (local/regional/national), including improved risk assessment tools.
Amendment 1417 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 1
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 1
Buildings and industry installations play an increasingly active role in their interaction with the energy system. Therefore, they are crucial elements in the transition to renewable energy, a carbon neutral society and bio-based economy.
Amendment 1420 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 2
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 2
Buildings are an important factor for quality of life of citizens. Integrating different technologies, appliances and systems and linking various energy uses, buildings as well as their inhabitants and users represent a very high potential for climate change mitigation, energy generation, storage and efficiency improvements.
Amendment 1431 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 4 – indent 5
Annex I – part II – point 4 – point 4.2 – point 4.2.4 – paragraph 4 – indent 5
– Buildings life-cycle design, construction, operation and dismantling, construction with light-weight and renewable materials, taking into account circularity and environmental performance, for energy and resource efficiency, climate resilience, carbon footprint and recycling;
Amendment 1444 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.5 – paragraph 1
Annex I – part II – point 4 – point 4.2 – point 4.2.5 – paragraph 1
It is estimated that by 2050, more than 80% of the EU's population will live in urban areas, consuming the lion's share of available resources, including energy, and being areas particularly vulnerable to the adverse meteorological change impacts worsen by climate change and natural disasters already now and increasingly in the future. A key challenge is to significantly increase the overall energy and resource efficiency as well as climate- resilience of Europe's communities and cities in a holistic fashion, targeting the building stock, energy systems, transport and mobility, climate change, as well as water, soil, air quality, waste and noise, whilst improving social inclusion, security, integration and attractiveness. Synergies with ERDF- funded urban policy and actions should be investigated and exploited.
Amendment 1461 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.6 – paragraph 2 – indent 2
Annex I – part II – point 4 – point 4.2 – point 4.2.6 – paragraph 2 – indent 2
– Vehicle/vessel/aircraft concepts and designs, including their spare parts, and software updates, using improved materials and structures, software solutions, efficiency, energy storage and recovery, safety and security features with less environment and health impact.
Amendment 1487 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.8 – paragraph 2 – indent 1
Annex I – part II – point 4 – point 4.2 – point 4.2.8 – paragraph 2 – indent 1
– Digital network-, vehicle- and traffic management: advanced decision support systems; next generation traffic management (including multi-modal network and traffic management, vehicle health management and services on demand); contributing to seamless, multimodal and interconnected mobility for passengers and freight; use and limitations of big data; use of innovative satellite positioning/navigation (EGNOS/Galileo);
Amendment 1492 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.8 – paragraph 2 – indent 4
Annex I – part II – point 4 – point 4.2 – point 4.2.8 – paragraph 2 – indent 4
– Connected, cooperative, interoperable and automated mobility systems and services, including technological solutions and non- technological issues such as changes in user behaviour and mobility patterns.
Amendment 1502 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 4 – point 4.2 – point 4.2.9 – paragraph 2 – indent 2
Annex I – part II – point 4 – point 4.2 – point 4.2.9 – paragraph 2 – indent 2
– Batteries and the EU value chain, including design, sustainable supply of raw materials, large-scale battery cell production technologies, reuse and recycling methods;
Amendment 1547 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.1 – paragraph 2 – indent 3
Annex I – part II – point 5 – point 5.2 – point 5.2.1 – paragraph 2 – indent 3
– Biodiversity status, ecosystem protection, climate mitigation and adaptation, food security, agricultureagriculture, soil fertility and forestry, land use and land use change, urban and peri-urban development, natural resources management, ocean exploitation and conservation, maritime security, and other relevant domains;
Amendment 1548 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.1 – paragraph 2 – indent 4
Annex I – part II – point 5 – point 5.2 – point 5.2.1 – paragraph 2 – indent 4
– User oriented applications including their scaling up, to contribute to the management of European natural resources, including exploration of raw materials, and ecosystems services and their related value chain.
Amendment 1555 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.2 – introductory part
Annex I – part II – point 5 – point 5.2 – point 5.2.2 – introductory part
5.2.2. Biodiversity and, Natural Capital and the protection of the Environment
Amendment 1565 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.2 – paragraph 2 – indent 4
Annex I – part II – point 5 – point 5.2 – point 5.2.2 – paragraph 2 – indent 4
– Ecotoxicology of compounds and new pollutants, chemical substances and their interactions and environmental behaviour, and altered biochemical loops under changing climate;
Amendment 1595 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.3 – paragraph 2 – indent 10
Annex I – part II – point 5 – point 5.2 – point 5.2.3 – paragraph 2 – indent 10
– Digital innovations in farming, forestry and across value chains and rural areas through the use of data and development of infrastructures, AI, robotics, technologies and governance models;
Amendment 1607 #
2018/0225(COD)
5.2.4. Sea and Ocean, Oceans and Inland Waters
Amendment 1613 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.4 – paragraph 1
Annex I – part II – point 5 – point 5.2 – point 5.2.4 – paragraph 1
Seas and ocean, oceans' and inland waters' natural capital and ecosystem services offer significant socio- economic and welfare benefits. This potential is at risk because of the severe pressure from human and natural stressors such as pollution, overfishing, climate change, sea-level rise, other water-use and extreme weather events. To prevent seas and oceans from reaching a point of no return, it is necessary to strengthen our knowledge and understanding in order to sustainably manage, protect and restore marine and coastal ecosystems and prevent marine pollution, in a context of an improved and responsible ocean governance framework. This will also include research to sustainably unlock the vast and unexploited economic potential of seas and ocean, oceans and inland waters aiming at producing more food without increasing pressures on them, as well the potential of aquaculture in all forms, and also contribute to alleviate pressure on land, freshwater and ocean resources. There is a need for partnering approaches, including sea basin and macro- regional strategies, extending beyond the EU (e.g. in the Mediterranean, the Baltic, the Black Sea, the Atlantic, the Caribbean Sea and in the Indian Ocean); and for contributing to International Ocean Governance commitments, initiatives like the United Nations Decade of Ocean Science for Sustainable Development and commitments linked to the conservation of marine biological diversity in areas beyond national jurisdiction.
Amendment 1627 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.4 – paragraph 2 – indent 2
Annex I – part II – point 5 – point 5.2 – point 5.2.4 – paragraph 2 – indent 2
Amendment 1654 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 6
Annex I – part II – point 5 – point 5.2 – point 5.2.5 – paragraph 2 – indent 6
– Environmentally sustainable, circular and resource efficient food systems from land and sea, towards safe drinking water and maritime issues, zero food waste throughout the entire food system, through reuse of food and biomass, recycling of food waste, new food packaging, demand for tailored and local food;
Amendment 1686 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 5 – point 5.2 – point 5.2.7 – paragraph 2 – indent 4
Annex I – part II – point 5 – point 5.2 – point 5.2.7 – paragraph 2 – indent 4
– Eco-innovation for prevention and remediation of environmental pollution from hazardous substances and chemicals of emerging concern; looking also at the interface between chemicals, products and waste and at sustainable solutions for primary and secondary raw materials production;
Amendment 1727 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 6 – point 6.2 – point 6.2.2 – paragraph 2 – point 4 – indent 5
Annex I – part II – point 6 – point 6.2 – point 6.2.2 – paragraph 2 – point 4 – indent 5
– Analysis of energy use and climate change mitigation of buildings, smart and sustainable cities, and industries;
Amendment 1728 #
2018/0225(COD)
Proposal for a decision
Annex I – part II – point 6 – point 6.2 – point 6.2.2 – paragraph 2 – point 4 – indent 7 a (new)
Annex I – part II – point 6 – point 6.2 – point 6.2.2 – paragraph 2 – point 4 – indent 7 a (new)
- Analysis of security of supply of raw materials, including the critical raw materials, in relation to primary and secondary resources information and data update of the Raw Materials Information System.
Amendment 1807 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 1 – point 1.1 – paragraph 3 – indent 6 a (new)
Annex I – part III – point 1 – point 1.1 – paragraph 3 – indent 6 a (new)
- Integrate the gender dimension in order to strengthen the innovation and market potential.
Amendment 1834 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 7
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 7
The Accelerator will mainly operate through a continuously open and bottom- up call, targeting individual entrepreneurs (mainly start-ups and SMEs), with a particular attention paid to young and to women innovators. This open and bottom- up call will be complemented by targeted support for on emerging breakthrough or disruptive technologies of potential strategic significance. Proposals may also be submitted by investors, including public innovation agencies, but the support will be awarded to the company.
Amendment 1840 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 8
Annex I – part III – point 1 – point 1.1 – point 1.1.2 – paragraph 8
The Accelerator will allow for fast-track take-up of innovations stemming from Pathfinder-supported projects from the Pathfinder, from similar Member States 'advanced research programmes' and from other pillars of the EU Framework Programmes28 , in order to support them to reach the market. This identification of projects supported in other pillars of Horizon Europe and also previous Framework Programmes will be based on pertinent methodologies, such as the Innovation Radar. _________________ 28 Such as ERC Proof of Concept, from projects supported under the 'Global Challenges and Industrial Competitiveness" Pillar, startups emerging from the KICs of the European Institute of Innovation and Technology, … Including from Horizon 2020 activities, particularly project selected under Horizon 2020 SME Phase 2 and related Seal of Excellence financed by Member States, (existing and future) European Partnerships.
Amendment 1847 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 1 – point 1.1 – point 1.1.3 – paragraph 1 – indent 1
Annex I – part III – point 1 – point 1.1 – point 1.1.3 – paragraph 1 – indent 1
– EIC business acceleration services in support of Pathfinder and Accelerator activities and actions. The aim will be to connect the EIC Community of funded innovators, including funded Seal of Excellence, to investors, partners and public buyand private buyers and customers. It will provide a range of coaching and mentoring services to EIC actions. It will provide innovators with access to international networks of potential partners, including industrial ones, to complement a value chain or develop market opportunities, and find investors and other sources of private or corporate finance. Activities will include live events (e.g. brokerage events, pitching sessions) but also, the development of matching platforms or use of existing ones, in close relation with financial intermediaries supported by the InvestEU and with the EIB Group. These activities will also encourage peer exchanges as a source of learning in innovation ecosystem, making particular good use of Members of the High Level Advisory board of the EIC and EIC Fellows;
Amendment 1856 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 1 – point 1.2 – point 1.2.1 – paragraph 2
Annex I – part III – point 1 – point 1.2 – point 1.2.1 – paragraph 2
The EIC Board will provide recommendations to the Commission regarding innovation trends or initiatives needed to enhance and foster the EU innovation ecosystem, including potential regulatory barriers and promote gender equality. The Board's advice should also identify emerging areas of innovation to be taken into account in the activities under the Global Challenges and Industrial Competitiveness pillar and missions. In this way, the Board is expected to contribute to the overall coherence of the Horizon Europe programme.
Amendment 1899 #
2018/0225(COD)
Proposal for a decision
Annex I – part III – point 3 – point 3.2 – point 3.2.1 – paragraph 2 – indent 2
Annex I – part III – point 3 – point 3.2 – point 3.2.1 – paragraph 2 – indent 2
– Accelerating regions towards excellence in countries that are modest or moderate innovators, in close cooperation with relevant structural funds.
Amendment 666 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1 – introductory part
Article 4 – paragraph 1 – point 1 – introductory part
(1) Pillar I 'OpExcellent Science', pursuing the specific objective set out in Article 3(2)(a) and also supporting specific objectives set out in Article 3(2)(b) and (c), with the following components:
Amendment 704 #
2018/0224(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 – point e
Article 4 – paragraph 1 – point 2 – point e
(e) cluster 'Food and, Natural Resources and Environment';
Amendment 732 #
2018/0224(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Dual use between the two specific programs should be pursued. Double investment for similar purposes shall be avoided, through co-use of facilities and resources.
Amendment 819 #
2018/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) be bold and inspirational, and hence have wide scientific, societal or economic relevance;
Amendment 825 #
2018/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point d
Article 7 – paragraph 3 – point d
(d) be selected in a transparent manner and be centered on ambitious but realistic research and innovation activities, at all stages of the research and innovation value chain;
Amendment 879 #
2018/0224(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) participation in and financial contribution to a programme of research and innovation activities, based on the commitment of the partners for financial and in-kind contributions and integration of their relevant activities using a Programme co-fund action (Co-funded European Partnerships); the co-funded activities could include the research and innovation activities and/or the operational costs of bottom-up initiatives driven by Member States and associated countries;
Amendment 892 #
2018/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point c
Article 8 – paragraph 2 – subparagraph 1 – point c
(c) Be time limited and where relevant include conditions for phasing-out the Programme funding.
Amendment 1312 #
2018/0224(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The action may in exceptional cases also be terminated where expected results have lost their relevance for the Union due to scientific, technological or economic reasons, including in the case of EIC and missions, their relevance as part of a portfolio of actions.
Amendment 1415 #
2018/0224(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. The beneficiary of the EIC Accelerator shall be a legal entity qualifying as a start-up, an SME or as a mid-cap, established in a Member State or associated country. The proposal may be submitted by the beneficiary, or by one or more natural persons or legal entities intending to establish or support that beneficiary.
Amendment 1493 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 1 – introductory part
Annex I – point 1 – introductory part
(1) Pillar I 'OpExcellent Science'
Amendment 1566 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point c – introductory part
Annex I – point 2 – paragraph 4 – point c – introductory part
(c) Cluster 'Digital and Industry': Reinforcing capacities and securing Europe's sovereignty in key enabling technologies for digitisation and production, and in space technology, to build a competitive, digital, low-carbon, bio-based and circular industry; ensure a sustainable supply of raw materials; and provide the basis for advances and innovation in all global societal challenges.
Amendment 1583 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point d – paragraph 1
Annex I – point 2 – paragraph 4 – point d – paragraph 1
Areas of intervention: Climate science and solutions; Climate change mitigation; Energy supply; Energy systems and grids; Buildings and industrial facilities in energy transition; Communities and cities; Industrial competitiveness in transport; Clean transport and mobility; Smart mobility; Energy storage.
Amendment 1588 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point e – introductory part
Annex I – point 2 – paragraph 4 – point e – introductory part
(e) Cluster 'Food and, natural resources and environment': Protecting, restoring, sustainably managing and using natural and biological resources from land and seawaters to address food and nutrition security and the transition to a low carbon, bio-based resource efficient circular economy.
Amendment 1593 #
2018/0224(COD)
Proposal for a regulation
Annex I – point 2 – paragraph 4 – point e – paragraph 1
Annex I – point 2 – paragraph 4 – point e – paragraph 1
Areas of intervention: Environmental observation; The protection of the environment; Biodiversity and natural capital; Agriculture, forestry and rural areas; Sea and oceans, oceans, inland waters and aquaculture; Food systems; Bio- based innovation systems; Circular systems
Amendment 1683 #
2018/0224(COD)
Proposal for a regulation
Annex III – paragraph 1 – point 2 – point d
Annex III – paragraph 1 – point 2 – point d
(d) Legally binding commitments, in particular for financial contributions, from each partner throughout the lifetime of the initiativeong-term political and financial commitment to earmark multiannual co- investment;
Amendment 78 #
2018/0216(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The CAP must take into account the principle of equality between women and men within the territory of the European Union, with a particular focus on promoting the participation of women in the socio-economic development of rural areas. This Regulation should help to ensure that the work that women do is more visible, better appreciated and taken into account within the specific objectives to be proposed by the Member States in their strategic plans.
Amendment 79 #
2018/0216(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) It is essential for the future of Europe and the planet that the EU urgently phases out agricultural support for farmers who do not pursue environmentally and climatically sustainable operations.
Amendment 88 #
2018/0216(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to give substance to the objectives of the CAP as established by Article 39 of the Treaty on the Functioning of the European Union (TFEU), as well as to ensure that the Union adequately addresses its most recent challenges and international undertakings, it is appropriate to provide for a set of general objectives reflecting the orientations given in the Communication on ‘The Future of Food and Farming’. A set of specific objectives should be further defined at Union level and applied by the Member States in their CAP Strategic Plans. WhileIn order to strikinge a balance across the dimensions of sustainable development, in line with the impact assessment, these specific objectives should translate the general objectives ofMember States should strive to achieve all of these specific objectives for the CAP intofor more concrete priorities and take into account relevant Union legislation, particularly with regard to climate, energy and environment.
Amendment 90 #
2018/0216(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The CAP has been unable to reduce the agricultural sector's dependence on pesticides. Therefore, specific policy instruments are needed to change farmers' use of pesticides, such as national tax measures, cross-compliance between integrated plant health, as defined in Directive 2009/128 / EC, and the CAP or direct subsidies. Scientific studies have established that today's intensive use of pesticides contributes to the gradual decline of biodiversity in Europe and this is extremely worrying, particularly the loss of winged insects. Therefore, the transition to a more sustainable use of pesticides, including low-risk methods and products, should be promoted in European agriculture.
Amendment 106 #
2018/0216(COD)
Proposal for a regulation
Recital 16 - point 1
Recital 16 - point 1
As many rural areas in the Union suffer from structural problems such as lack of attractive employment opportunities, skill shortages, underinvestment in connectivity, infrastructures and essential services, as well as youth drain, it is fundamental to strengthen the socio-economic fabric in those areas, in line with the Cork 2.0. Declaration, particularly through job creation and generational renewal, by bringing the Commission's jobs and growth to rural areas, promoting social inclusion, generational renewal, increased integration of women into the rural economy and the development of ‘Smart Villages’ across the European countryside. As indicated in the Communication on ‘The Future of Food and Farming’, new rural value chains such as renewable energy, the emerging bio- economy, the circular economy, and ecotourism can offer good growth and job potential for rural areas. In this context, financial instruments and the use of the InvestEU guarantee can play a crucial role for ensuring access to financing and for bolstering the growth capacity of farms and enterprises. There is a potential for employment opportunities in rural areas for legally staying third country nationals, promoting their social and economic integration especially in the framework of Community-led Local Development strategies.
Amendment 136 #
2018/0216(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Member States should set farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses, covering economic, environmental and social dimensions, and to identify the necessary improvements as regards all measures at farm level provided for in the CAP Strategic Plans. These farm advisory services should help farmers and other beneficiaries of CAP support to become more aware of the relationship between farm management and land management on the one hand, and certain standards, requirements and information, including environmental and climate and animal welfare ones, on the other hand. The list of the latter includes standards applying to or necessary for farmers and other CAP beneficiaries and set in the CAP Strategic Plan, as well as those stemming from the legislation on water, on the sustainable use of pesticides, as well as the initiatives to combat antimicrobial resistance and the management of risks. In order to enhance the quality and effectiveness of the advice, Member States should integrate advisors within the Agricultural Knowledge and Innovation Systems (AKIS), in order to be able to deliver up-to-date technological and scientific information developed by research and innovation.
Amendment 155 #
2018/0216(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) Female participation in rural areas in social, economic and environmental terms, is an important sustainable development pillar in rural areas and should be promoted, encouraged and supported by Member States in their strategic plans. In order to reduce the gender employment gap and to increase female employment, it is necessary for Member States’ Strategic Plans to promote the development of policies aimed at achieving a work-life balance.
Amendment 169 #
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 that are particularly important for social, economic or, environmental or reasons that affect animal welfare and undergo certain difficulties. 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 196 #
2018/0216(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) In order to promote the principle of equality between women and men, Member States may, in their CAP Strategic Plans, set out specific conditions for financial instruments related to improving the situation of rural women and their business opportunities. They should therefore prioritise women in their CAP Strategic Plans, in order, inter alia, to ensure better access to farmland and credit, thus contributing to a greater representation of rural women among farm holders and entrepreneurs.
Amendment 208 #
2018/0216(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) EAFRDThe EJFLU should not provide support to investments that would harm the environment, harm human or animal health or which cannot comply with existing animal welfare regulations. Hence it is necessary to provide in this Regulation a number of exclusion rules, as well as the possibility to further develop these guarantees in delegated acts. Notably, the EAFRD should not finance investments in irrigation which do not contribute towards the achievement, or the preservation, of good status of the associated water body or bodies and investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles.
Amendment 333 #
2018/0216(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) to strengthen the socio-economic fabric ofor both women and men in rural areas.
Amendment 339 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The achievement of the general objectives shall be pursued through simultaneously achieving the fulfilment of the following specific objectives:
Amendment 373 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) foster sustainable development and efficient management of natural resources such as water, soil and air; and greatly reduce dependence on chemical pesticides, while promoting alternative methods and low-risk products.
Amendment 390 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) contribute to the protection of biodiversity, enhancereversing the decline of biodiversity, including diversity in agriculture, strengthening ecosystem services and preserveing habitats and landscapes;.
Amendment 410 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) promote employment, growth, social inclusion, greater participation of women in economic activities, and local development in rural areas, including bio- economy and sustainable forestry;
Amendment 431 #
2018/0216(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(ia) improve animal welfare in line with Article 13 TFEU, the best available scientific research on animal welfare and in accordance with society's requirements.
Amendment 660 #
2018/0216(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point b a (new)
Article 22 – paragraph 4 – point b a (new)
(ba) In the cases referred to in subparagraphs (a) and (b), Member States may grant priority to women in order to achieve the objective referred to in point (h) of Article 6(1).
Amendment 709 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall provide support for voluntary schemes for the climate and, the environment and animal welfare ('eco- schemes') under the conditions set out in this Article and as further specified in their CAP Strategic Plans.
Amendment 719 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall support under this type of intervention genuine farmers who make commitments to observe, on eligible hectares, agricultural practices beneficial for the climate and, the environment and the welfare of farm animals.
Amendment 740 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Member States shall establish the list of agricultural practices beneficial for the climate and, the environment. and the welfare of farm animals
Amendment 756 #
2018/0216(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. Those practices shall be designed to meet one or more of the specific environmental- and climate-, climate and farm animal- related objectives laid down in points (d), (e) and (f) of Article 6(1).
Amendment 831 #
2018/0216(COD)
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. Where the linked income support concerns livestock production, only production methods that go beyond the minimum national requirements and the Union's animal welfare and animal health requirements shall be considered eligible
Amendment 855 #
2018/0216(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point d
Article 43 – paragraph 1 – point d
(d) integrated production., promote, develop and implement production methods that respect the environment, environmentally friendly cultivation methods and production techniques, sustainable use of natural resources, in particular the protection of water, soil and other natural resources, while reducing pesticide dependency;
Amendment 874 #
2018/0216(COD)
Proposal for a regulation
Article 49 – paragraph 1 – introductory part
Article 49 – paragraph 1 – introductory part
1. Member States shall choose in their CAP Strategic Plans for each specific objective set out in Article 6(1) one or more ofutilize the following types of interventions in the apiculture sector:
Amendment 890 #
2018/0216(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point h a (new)
Article 49 – paragraph 1 – point h a (new)
(ha) measures to improve pollination of honeybees and other wild pollinators.
Amendment 922 #
2018/0216(COD)
Proposal for a regulation
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
(a) improve competitiveness of Union wine producers including contributing to improvement of sustainable production systemreduction of environmental impact of the Union wine sector; by applying production methods that respect the environment, environmentally friendly cultivation methods and reproduction of environmental impact of the Union wine sectortechniques, sustainable use of natural resources, in particular for the protection of water, soil and other natural resources, while reducing pesticide dependence; those objectives relate to the specific objectives set out in points (b) to (f) and (h) to (i) of Article 6 (1);
Amendment 975 #
2018/0216(COD)
Proposal for a regulation
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
The Member States shall pursue one or more of the following objectives in the other sectors referred to in point (f) of Article 39:
Amendment 991 #
2018/0216(COD)
Proposal for a regulation
Article 60 – paragraph 1 – introductory part
Article 60 – paragraph 1 – introductory part
1. As regards the objectives referred to in points (a) to (g) of Article 59 Member States shall choose in their CAP Strategic Plans one or more ofutilize the following types of intervention:
Amendment 1080 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 5 – point b
Article 65 – paragraph 5 – point b
(b) go beyond the minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other mandatory requirements established by national and Union law;
Amendment 1081 #
2018/0216(COD)
Proposal for a regulation
Article 65 – paragraph 5 – point b a (new)
Article 65 – paragraph 5 – point b a (new)
(ba) goes beyond the minimum animal welfare requirements and other mandatory requirements laid down in EU law,
Amendment 1172 #
2018/0216(COD)
Proposal for a regulation
Article 68 – paragraph 3 – subparagraph 1 – point h a (new)
Article 68 – paragraph 3 – subparagraph 1 – point h a (new)
(ha) investments in infrastructure that do not comply with recommendations for good animal welfare, and principles contained in Council Directive 98/58/EC on the protection of animals in agriculture.
Amendment 1269 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 2 – subparagraph 1
Article 86 – paragraph 2 – subparagraph 1
At least 350% of the total EAFRD contribution to the CAP Strategic Plan as set out in Annex IX shall be reserved for interventions addressing the specific environmental-, climate and clanimatl welfare-related objectives set out in points (d), (e), (f) and (fia) of Article 6(1) of this Regulation, excluding interventions based on Article 66.
Amendment 1314 #
2018/0216(COD)
Proposal for a regulation
Article 86 – paragraph 7
Article 86 – paragraph 7
7. Member States may decide in their CAP Strategic Plan to use a certain share of the EAFRD allocation to leverage support and upscale integrated Strategic Nature Projects as defined under the [LIFE Regulation] and to finance actions in respect of transnational learning mobility of people in the field agricultural and rural development with a focus on young farmers, in accordance with the [Erasmus Regulation], and women in rural areas.
Amendment 1356 #
2018/0216(COD)
Proposal for a regulation
Article 92 – title
Article 92 – title
Increased ambitions with regard to environmental-, climate and clanimatl welfare-related objectives
Amendment 1361 #
2018/0216(COD)
Proposal for a regulation
Article 92 – paragraph 1
Article 92 – paragraph 1
1. Member States shall aim to make, through their CAP Strategic Plans and in particular through the elements of the intervention strategy referred to in point (a) of Article 97(2), a greater overall contribution to the achievement of the specific environmental-, climate and clanimatl welfare- related objectives set out in points (d), (e), (f) and (fia) of Article 6(1) in comparison to the overall contribution made to the achievement of the objective laid down in point (b) of the first subparagraph of Article 110(2) of Regulation (EU) No 1306/2013 through support under the EAGF and the EAFRD in the period 2014 to 2020.
Amendment 1378 #
2018/0216(COD)
Proposal for a regulation
Article 94 – paragraph 1 a (new)
Article 94 – paragraph 1 a (new)
1a. The Member States shall publish their CAP strategy plans and related annexes, both as drafts and after approval, in order to ensure the possibility of an informed public debate.
Amendment 1559 #
2018/0216(COD)
Proposal for a regulation
Annex I – EU Specific objectives – point 5
Annex I – EU Specific objectives – point 5
Promote employment, growth, social inclusion, greater participation of women in the rural economy, and local development in rural areas, including bio- economy and sustainable forestry;
Amendment 1581 #
2018/0216(COD)
Proposal for a regulation
Annex I – EU Specific objectives – point 6
Annex I – EU Specific objectives – point 6
contribute to the protection of biodiversity, enhancereversing the decline in biodiversity, including diversity of fauna and flora in agriculture, strengthening ecosystem services and preserveing habitats and landscapes;
Amendment 1586 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.20 a (new)
Annex I – Impact indicators – I.20 a (new)
1.20a Pollinators index
Amendment 1615 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.21 a (new)
Annex I – Impact indicators – I.21 a (new)
1.21a Attracting women farmers
Amendment 1619 #
2018/0216(COD)
Proposal for a regulation
Annex I – Result indicators – R.30 a (new)
Annex I – Result indicators – R.30 a (new)
R.30a Increasing the proportion of women who receive support under the CAP.
Amendment 1621 #
2018/0216(COD)
Proposal for a regulation
Annex I – Result indicators – R.30 b (new)
Annex I – Result indicators – R.30 b (new)
R.30b Young women in rural areas, increasing the proportion of young women* who receive support for the establishment of agricultural holdings or businesses under the CAP. _____________________ * The age limit must be the same as that indicated in the definition of a young farmer.
Amendment 1626 #
2018/0216(COD)
R.31a Increasing female employment in rural areas. The proportion of jobs for women in projects receiving CAP funding.
Amendment 1636 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.26 a (new)
Annex I – Impact indicators – I.26 a (new)
1.26a Sustainable use of veterinary products in livestock farming: sales/use of food producing animals
Amendment 1638 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.27
Annex I – Impact indicators – I.27
I.27 Sustainable pesticide use: Reduce risks and impactsd dependence on use of pesticides**
Amendment 1645 #
2018/0216(COD)
Proposal for a regulation
Annex I – Impact indicators – I.27 b (new)
Annex I – Impact indicators – I.27 b (new)
1.27b Sustainable use of biocides: reduce dependence on biocides
Amendment 1648 #
2018/0216(COD)
Proposal for a regulation
Annex I –Impact indicators – I.28 a (new)
Annex I –Impact indicators – I.28 a (new)
1.28a. Reduction of non-compliance with available animal welfare legislation (Council Regulation No 1099/2009, Council Directive 2007/43 / EC, Council Directive 1999/74 / ED) per animal in the Member State
Amendment 1649 #
2018/0216(COD)
Proposal for a regulation
Annex I –Impact indicators – I.28 b (new)
Annex I –Impact indicators – I.28 b (new)
1.28b. Measurement of animal density by species in the Member State
Amendment 1652 #
2018/0216(COD)
Proposal for a regulation
Annex I – Result indicators – R.36 a (new)
Annex I – Result indicators – R.36 a (new)
R.36a Sustainable use of veterinary products: proportion of livestock affected by support measures to limit the use of veterinary products (prevention/reduction) to reduce the risks and adverse effects of these products
Amendment 1655 #
2018/0216(COD)
Proposal for a regulation
Annex I – Result indicators – R.37
Annex I – Result indicators – R.37
R.37 Sustainable pesticide use: Share of agricultural land concerned by supported specific actions which lead to a sustainable use of pesticides in order to reduce risks and impactsreduced dependence on the use of pesticides
Amendment 1663 #
2018/0216(COD)
R.37a Sustainable use of biocides: proportion of agricultural land: proportion of agricultural land affected by specific supportive measures leading to reduction of biocide dependence
Amendment 1667 #
2018/0216(COD)
Proposal for a regulation
Annex I – EU Specific objectives – point 9 a (new)
Annex I – EU Specific objectives – point 9 a (new)
Improve animal welfare in line with Article 13 of the Treaty, best available research and knowledge and community requirements.
Amendment 1790 #
2018/0216(COD)
Proposal for a regulation
Annex III – SMR 16 a (new) – Requirements and standards
Annex III – SMR 16 a (new) – Requirements and standards
Council Regulation 1099/2009 of 24 September 2009 on the protection of animals at the time of killing
Amendment 1791 #
2018/0216(COD)
Proposal for a regulation
Annex III – SMR 16 b (new) – Requirements and standards
Annex III – SMR 16 b (new) – Requirements and standards
Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production
Amendment 1792 #
2018/0216(COD)
Proposal for a regulation
Annex III – SMR 16 c (new) – Requirements and standards
Annex III – SMR 16 c (new) – Requirements and standards
Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens
Amendment 87 #
2018/0212(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) EISF should be a Union instrument which complements national fiscal policies. It should be recalled that Member States should pursue sound fiscal policies and build up fiscal buffers in favourable economic times. This is vital in order to implement rapid measures combating asymmetric shocks effectively, while safeguarding sufficient financial flexibility promoting counter cyclical policies that foster sustainable growth in accordance with the Paris agreement;
Amendment 2 #
2018/0196(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. Not respecting the rule of law, human rights and fundamental European values, shall lead to a procedure where EU-funds can be withdrawn, and as an ultimate consequence, the suspension of voting rights in the Council shall be considered.
Amendment 143 #
2018/0179(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) the procedures and conditions applied for integrating sustainability risks in investment decisions; – sustainability risks are defined as: (i) issues relating to the quality and functioning of the natural environments and natural systems, including biodiversity loss; greenhouse gas (GHG) emissions, climate change, renewable energy, energy efficiency, air, water or resource depletion or pollution, waste, management, stratospheric ozone depletion, changes in land; (ii) issues relating to the rights, well-being and interests of people and communities, including human rights, labour standards in the supply chain, child, slave and bonded labour, workplace health and safety, freedom of association and freedom of expression, a free and independent civil society, the ability of human rights defenders to carry out their activities, human capital management and employee relations; diversity; relations with local communities including free, prior and informed consent, activities in conflict zones, health and access to medicine, HIV/AIDS, consumer protection; and controversial weapons; and (iii) issues relating to the governance of companies and other investee entities. In the listed equity context these include: board structure, size, diversity, skills and independence, executive pay, shareholder rights, stakeholder interaction, disclosure of information, business ethics, bribery and corruption, tax avoidance, privacy and data protection, internal controls and risk management, and, in general, issues dealing with the relationship between a company’s management, its board, its shareholders and its other stakeholders. This category may also include matters of business strategy, encompassing both the implications of business strategy for environmental and social issues, and how the strategy is to be implemented. In the unlisted asset classes governance issues also include matters of fund governance, such as the powers of Advisory Committees, valuation issues, fee structures, etc.;
Amendment 218 #
2018/0179(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the overall sustainability-related impact by the financial product by means of relevant sustainability risk indicators as defined in Article 4.1 (a);
Amendment 39 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 3
Article 3 – paragraph 2 – point 3
(3) 'intelligent speed assistance'‘speed limit information system´ (meaning 'intelligent speed assistance' in a way of informing about the current speed limit) means a system to aid the driver in observing the appropriate speed for the road environment by providing haptic feedback through the accelerator pedal with speed limit information obtained through observation of road signs and signals, based on infrastructure signals or electronic map data, or both, made available in-vehicle;
Amendment 45 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 6
Article 3 – paragraph 2 – point 6
Amendment 48 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 7
Article 3 – paragraph 2 – point 7
(7) 'emergency stop signal' means rapid flashing stop lamps or direction-indicator lamps to indicate to other road users to the rear of the vehicle that a high retardation force is being applied to the vehicle relative to the prevailing road conditions;
Amendment 51 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 8
Article 3 – paragraph 2 – point 8
(8) 'reversing detection' means a camera or monitor, optical or detection system to make the driver aware of people and objects at the rear of the vehicle with the primary aim to avoid collisions upon reversing;
Amendment 55 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 11
Article 3 – paragraph 2 – point 11
(11) 'lane-keeping system' means a system monitoring the position of the vehicle with respect to the lane boundary and issuing a warning or applying a torque to the steering wheelsystem, or pressure to the brakes, at least when a lane departure occurs or is about to occur and a collision may be imminent;
Amendment 59 #
2018/0145(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 13
Article 3 – paragraph 2 – point 13
(13) 'event (accident) data recorder' means a system recording and storing critical crash-related parameters and information before, and during and after a collision;
Amendment 69 #
2018/0145(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Vehicles of categories M1 and N1 shall be equipped with an accurate tyre pressure monitoring system capable of giving an in-vehicle warning to the driver when a loss of pressure occurs in a tyre, in the interests of optimum fuel consumption and road safety, over a wide range of road and environmental conditions.
Amendment 77 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) intelligent speed assistancespeed limit information system;
Amendment 83 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 93 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Intelligent speed assistanceSpeed limit information systems shall have the following minimum specifications:
Amendment 96 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) it shall be possible for the driver to feel through the accelerator pedal that the applicable speed limit is reached or exceededable to indicate the current speed limit at any time in the vehicle;
Amendment 108 #
2018/0145(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) where a cruise control system or a speed limiter is engaged, the intelligcurrent speed assistance system must automatically adapt to any lower speed limitlimit can be adapted by the driver.
Amendment 134 #
2018/0145(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 142 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) it shall be possible to switch off systems only one at a time, and only at standstill with the parking brake engaged, by a complex sequence of actions to be carried out by the driver;
Amendment 146 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 148 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point c
Article 9 – paragraph 4 – point c
Amendment 153 #
2018/0145(COD)
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Vehicles of categories M2, M3, N2 and N3 shall be designed and constructed so as to enhance the direct visibility of vulnerable road users from the driver seat. This should be done for new types of cabs only.
Amendment 167 #
2018/0145(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
The delegated acts referred to in article 12 shall be published at least 24 months before their application.
Amendment 125 #
2018/0114(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate that those members who held voting rights and who did not vote to approve the draft terms of conversion and those members without voting rights, who could not present their position, should be afforded the right to exit the company. Those members should be able to leave the company and receive cash compensation for their shares equivalent to the value of their shares. Furthermore, they should have a right to challenge the calculation and adequacy of that cash compensation offered before a court or by arbitration.
Amendment 148 #
2018/0114(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to ensure that members of the companies participating in the cross- border merger are treated equally, it is appropriate that members who held voting rights and who did not vote to approve the common draft terms of merger or those members without voting rights, who could not present their position, should be afforded the right to exit the company. Those members should be able to leave the company and receive cash compensation for their shares equivalent to the value of their shares. Furthermore, they should have a right to challenge the calculation and adequacy of that cash compensation offered before a court or by arbitration.
Amendment 286 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) No 2017/1132
Article 86 j – paragraph 5
Article 86 j – paragraph 5
5. Member States shall provide that any member who has accepted the offer of cash compensation referred to in paragraph 3 but who considers that the compensation has not been adequately set, is entitled to demand the recalculation of the cash compensation offered before a national court or by arbitration within one month of the acceptance of the offer.
Amendment 380 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) No 2017/1132
Article 126 a – paragraph 6
Article 126 a – paragraph 6
6. Member States shall ensure that any member who has accepted the offer of cash compensation referred to in paragraph 3, but who considers that the cash compensation has not been adequately set, is entitled to demand the recalculation of the cash compensation offered before a national court or by arbitration within one month of the acceptance of the offer.
Amendment 17 #
2018/0076(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Since the adoption of, first, Regulation (EC) No 2560/2001 of the European Parliament and of the Council10 and subsequently Regulation (EC) No 924/2009 of the European Parliament and of the Council11 , charges for cross-border payments in euro between Member States of the euro area have strongly decreased to the levels that are insignificant in the vast majority of cases of charges for corresponding payments within a Member State. _________________ 10 Regulation (EC) No 2560/2001 of the European Parliament and of the Council of 19 December 2001 on cross-border payments in euro (OJ L 344, 28.12.2001, p. 13). 11 Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 (OJ L 266, 9.10.2009, p. 11).
Amendment 18 #
2018/0076(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Cross-border payments in euro from non-euro area Member States however account for a very large part80% of all cross- border payments from non-euro area Member States. The charges for those specific cross-border payments remain highexcessively high in most non-euro Member States, even though payment service providers have access to the same efficient infrastructures to process those transactions at very low costs as payment service providers from the euro area.
Amendment 22 #
2018/0076(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) HExcessively high charges for both euro and non-euro currencies cross- border payments remain a barrier to the full integration into the single market of businesses and citizens in non-euro area Member States. They perpetuate the existence of two categories of payment service users in the Union: on the one hand payment service users, the vast majority of which benefit from the single euro payments area (‘SEPA’), and on the other hand, payment service users that pay arbitrarily high costs for their cross-border payments in euro and non-euro currencies.
Amendment 27 #
2018/0076(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to facilitate the functioning of the Single Market and end the barriers between payment service users in the euro area and non-euro area Member States in respect of cross-border payments in euro, it is necessary to ensure that charges for cross- border payments in euro within the Union are aligned with charges for domestic payments made in the official currency of a Member State.
Amendment 29 #
2018/0076(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Currency conversion charges represent a significant cost of cross-border payments when different currencies are in use in the payer’s and the payee’s countries. Article 45 of Directive (EU) 2015/2366 of the European Parliament and of the Council12 requires transparency of charges and of the exchange rate used prior to the initiation of a payment transaction. When alternative currency conversion options are offered at a point of sale or at an automated teller machine (ATM), that transparency may not allow for a quick and clear comparison between those different currency conversion options. That lack of transparency prevents competition from bringing down costs of currency conversion and increases the risk of payers choosing expensive currency conversion optionsunintentionally choosing the often more expensive currency conversion option – namely ‘dynamic currency conversion’ (DCC). When the consumer is faced with the option of making use of DCC or paying in the local currency, he/she usually has to make a quick decision in a time constrained environment (for example in the queue in a shop, or at withdrawal in an ATM with its associated queue). This creates further difficulty for the consumer to make a beneficial and well-considered choice. It is therefore necessary to develop measures addressed to payment service providers that will improve transparency and protect consumers against excessive charges for currency conversion services, in particular when consumers are not given the information they need to choose the best currency conversion option. _________________ 12 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
Amendment 35 #
2018/0076(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to improve payment service user transparency, the payment service provider of the payer shall be required to inform the payer about various currency conversion services and their costs, including charges related to the practice of ‘dynamic currency conversion’(DCC) when making foreign card payments (making a cash withdrawal at ATMs, card payment at the point of sale, and payments made online), in good time prior to the initiation of payment transactions, in a clear and neutral manner in conformity with Article 52.3b of Directive (EU) 2015/2366. The payment service provider shall neither preselect a currency conversion option, nor present any of the currency conversion options in a misleading manner. Furthermore, the payment service provider of the payer shall give to the holder of the card-based payment instrument the possibility to block the use of alternative currency conversion services (DCC).
Amendment 37 #
2018/0076(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) With the aim of improving price comparability between paying in ‘home currency’ using alternative currency conversion services (DCC), or paying in ‘local currency’ using the currency conversion service of the card scheme and his/her bank, the payment service provider of the payer shall inform the payment service user of the full cost (including mark-ups and fixed fees) of all currency conversion options simultaneously and in a clear and neutral manner. This information shall be displayed as the final amount of DCC and non-DCC options in the currency of the card-holder.
Amendment 38 #
2018/0076(COD)
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) Currency conversion services applying currency conversion rates for clearing and settlements at another time than the actual time of purchase or withdrawal shall be required to estimate an ‘approximate currency conversion rate’ in order to enable accurate price comparison between different currency conversion services.
Amendment 41 #
2018/0076(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Transparency in currency conversion charges requires adapting current payment infrastructures and processes, in particular for payments made online, at the point of sale or for ATM cash withdrawals. To that end, market players should be given sufficient time to adapt their infrastructure and processes in relation to those provisions that relate to currency conversion charges in order to comply with regulatory technical standards to be adopted by the Commissthe new transparency requirements of currency conversion charges in this Regulation. These provisions shall apply from 24 months after the entry into force of this Regulation.
Amendment 46 #
2018/0076(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 51 #
2018/0076(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) This regulation should increase transparency and thus allowing comparability of costs related to credit transfers for both consumers and businesses. Therefore, payment service providers should inform payment service users of the estimated full cost of credit transfer currency conversion services prior to the initiation of the transaction, in order for payment service users to compare alternative currency conversion options and their corresponding costs. Payment service providers applying a currency conversion rate for clearing and settlement at another time than the actual time of the initiated credit transfer, should estimate an ‘approximate currency conversion rate’ to be applied at the time of the initiated credit transfer.
Amendment 57 #
2018/0076(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 71 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Regulation (EC) No 924/2009
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Charges levied by a payment service provider on a payment service user in respect of cross-border payments in euro shall be the same as the charges levied by that payment service provider on payment service users for corresponding national payments of the same value and in the official currency of the payment service user’s Member State.
Amendment 75 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 1
Article 3 a – paragraph 1
Amendment 89 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3a – paragraph 2 – subparagraph 1
Article 3a – paragraph 2 – subparagraph 1
Amendment 93 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 2 – subparagraph 2
Article 3 a – paragraph 2 – subparagraph 2
Amendment 95 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 2 – subparagraph 3
Article 3 a – paragraph 2 – subparagraph 3
Amendment 97 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 2 – subparagraph 4
Article 3 a – paragraph 2 – subparagraph 4
Amendment 98 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 2 a (new)
Article 3 a – paragraph 2 a (new)
2a. The payment service provider of the payer shall inform the payer about various currency conversion services and their costs in good time prior to the initiation of payment transactions, in a clear and neutral manner in conformity with Article 52 (3) (b) of Directive (EU) 2015/2366.
Amendment 99 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 2 b (new)
Article 3 a – paragraph 2 b (new)
2b. The payment service provider issuing card-based payment instruments shall give to the holder of the card-based payment instrument the right to insert into his payment instrument the possibility of blocking the use of alternative currency conversion services.
Amendment 100 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 2 c (new)
Article 3 a – paragraph 2 c (new)
2c. The payer shall be able to easily change his preference with regard to alternative currency conversion services through technical tools put at his disposal by his payment service provider.
Amendment 101 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
2d. If the payer had given consent to use alternative currency conversion services, from 24 months after the entry into force of this regulation, at an ATM or point of sale, where relevant, the payment service providers of the payer and of the payee shall inform the payment service user of the full cost of all currency conversion options simultaneously, in a clear and neutral manner. This information shall be displayed as the final amount in the currency of the card- holder.
Amendment 102 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 924/2009
Article 3 a – paragraph 2 e (new)
Article 3 a – paragraph 2 e (new)
2e. If the currency conversion service applies currency conversion rates for clearing and settlements at another time than the actual time of purchase or withdrawal made by the payments service user, the payment service provider shall then be required to estimate an ‘approximate currency conversion rate’ that must be applied at the actual time of purchase or withdrawal.
Amendment 106 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 924/2009
Article 3 b
Article 3 b
Amendment 109 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 924/2009
Article 3 b a (new)
Article 3 b a (new)
(4a) The following Article 3 b a is inserted : Article 3ba Credit transfer currency conversion services 1. When a currency conversion is offered by the payment service provider of the payer for a credit transfer as defined in Regulation (EU) No 260/2012, the payment service provider shall prior to the initiation of the transaction inform the payment service user of the full cost the credit transfer in a clear and neutral manner, including any transaction fee and charge in the exchange rate. Payment service providers shall disclose the total amount of all charges applicable to the conversion of the payment transaction in both the currency of the payer and the payee. The payment service provider shall also inform the payment service user of the total amount to be received by the payee after the payment service providers chargers have been levied, without any receiving fees. These requirements shall apply 12 months after the entry into force of this Regulation. 2. If the payment service provider applies a currency conversion rate for clearing and settlements at another time than the actual time of the initiated credit transfer made by the payment service user, the payment service provider shall then be required to estimate an ‘approximate currency conversion rate’ that must be applied at the time of the initiated credit transfer. These requirements shall apply 12 months after the entry into force of this Regulation.
Amendment 110 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Regulation (EC) No 924/2009
Article 14
Article 14
(4c) Article 14 (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R0924&from=EN)is 14 deleted "" Or. en
Amendment 111 #
2018/0076(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 924/2009
Article 15
Article 15
By 31 October 2022, the Commission shall present to the European Parliament, the Council, the European Economic and Social Committee and the European Central Bank a report on the application of this Regulation, accompanied, if appropriate, by a proposal. That report shall cover, in particular, the appropriateness of amending Article 1(2) to ensure that this Regulation covers all currencies of Member States of the Unionthis Regulation with the aim of further reducing consumer and business costs associated with both domestic and cross- border payments in all Member States. In addition, the report shall evaluate the effectiveness of the provisions in this Regulation to ensure price comparability of different currency conversion services, and if further amendments to this Regulation are needed to ensure full price transparency and comparability for both businesses and consumers.
Amendment 186 #
2018/0043(COD)
Proposal for a directive
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
Amendment 193 #
2018/0043(COD)
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. For the purposes of ensuring compliance with the requirements listed in paragraph 1, Member States shall lay down rules for cover pool derivative contracts including at least:
Amendment 194 #
2018/0043(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 201 #
2018/0043(COD)
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 204 #
2018/0043(COD)
(c) regarding the necessary documentation to be provided in relation to derivative contracts.
Amendment 211 #
2018/0043(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States mayshall require that credit institutions issuing covered bonds appoint a cover pool monitor to perform ongoing monitoring of the cover pool with regard to the requirements set out in Articles 6 to 12 and Articles 14 to 17.
Amendment 48 #
2017/2253(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the EU should promote global financial regulatory reforms aimed at reducing systemic risk and should work towards an open, integrated and resilient financial system that supports sustainable and inclusive economic growth, job creation and sustainable investment;
Amendment 97 #
2017/2226(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights, however, the persistent structural problem of insufficient growth of potential output and productivity, flanked by too low a level of investments and wages, leading to persistent social inequalities; emphasises that higher wages is a prerequisite for increasing investments and sustainable growth while reducing unemployment;
Amendment 135 #
2017/2226(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the improvements in public finances, in particular the gradually declining debt/GDP ratios for the EU and euro area and falling headline budget deficits; recalls that, while many Member States have limited fiscal leeway for implementing sustainable, growth-friendly structural reforms, some Member States still have large surpluses which should be used to sustain investments and growth across the EU; nevertheless believes that structural reforms eligible for public investments should be carefully selected not to jeopardize the soundness of public finances, while supporting inclusive and sustainable growth;
Amendment 186 #
2017/2226(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that the European Semester and the Country-Specific Recommendations should achieve the objectives set out in the Pillar of Social Rights; increasing investments in education and life-long learning, while fostering gender equality, is key in order to achieve inclusive growth in a structurally fast-changing labour market;
Amendment 214 #
2017/2226(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the fact that the AGS 2018 acknowledges the need for efficient and fair tax systems to ensure sustainable finance and reverse the current fall in capital income taxation; supports the Commission’s initiatives to achieve increased transparency, a reformed VAT system and, a common consolidated corporate tax base, and a public country-by-country reporting;
Amendment 271 #
2017/2226(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to adopt adequate measures to help refugees settle and integrate and to anticipate at an early stage the requirements for facilitating their smooth transition to the labour market, as well as ensuring that public services are provided with sufficient resources; investing sufficiently in language learning will be crucial to foster integration into the labour market and society at large; stresses that social partners should play a key role in facilitating the integration of migrants and preventing them from suffering from labour abuse;
Amendment 33 #
2017/2191(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to monitor the implementation of directives linked to the completion of the single market, particularly in the energy and transport sector, ands well as in retail financial services, in order to enhance the enforcement of EU competition rules in order to avoid uneven application thereof in the Member States;
Amendment 14 #
2017/2114(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the GDP growth rate for the euro area was 1.8 % in 2016 and is set to remain steady at 1.7 % in 2017 and at 1.9 % in the EU overall, surpassing pre- crisis levels while still being insufficientcertain Member States still struggle with high unemployment which requires higher growth in these economies to further foster job creation;
Amendment 176 #
2017/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 198 #
2017/2114(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 228 #
2017/2114(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Agrees that the economic upswing needs to be supported by investment and notes that there is still an investment gap in the euro area; recognises, however, that in some Member States investments already exceed the pre-crisis level;
Amendment 256 #
2017/2114(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that a timely agreement in the ongoing negotiations on the revised European Fund for Strategic Investments (EFSI) could help to improve the effectiveness of this instrument and to address shortcomings experienced in its implementation so farby ensuring real additionality as a criteria of the projects selected so that the EFSI addresses market failures or suboptimal investment situations, hence supporting investments that otherwise would not have been realized;
Amendment 288 #
2017/2114(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the fact that deficits in the euro area are projected to decline; is concerned, however, that this process is slowing down and agrees that government debt remains toohowever, it is a source of concern that the pace of declining government debt is slowing down while debt levels remain alarmingly high in some Member States;
Amendment 371 #
2017/2114(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Takes note of the Commission’s recommendation to close the Excessive Deficit Procedures for several Member States; welcomes past and ongoing fiscal and reform efforts, yet insists that these efforts will need to continue toin a sustainable pace not to aggravate the economic difficulties of some Member States, while ensureing the durability of the correction of the excessive deficit;
Amendment 156 #
2017/2072(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that there are risks associated with sovereign debt;continuously lowering structural government debt and anchoring financial discipline in national law and regulations is key to further foster growth and financing of real social investments, such as paid maternity leave and vocational training, hence bolstering labour market participation and increasing tax revenues in order to strengthen public finances; notes that in some Member States financial institutions have overly invested in bonds issued by their own governments, constituting excessive ‘home bias’; takes note, in this respect, of the Commission’s ongoing work on the idea of so-called sovereign bond-backed securities (SBBS);
Amendment 27 #
2017/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that instead of playing a partly anti-cyclical role, the key priority for the EIB should be to focus on areas where markets fail; in order to boost sustainable investments, innovation, and thus fostering green growth as well as inclusive growth across the Union.
Amendment 80 #
2017/2066(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that consumers must be able to choose the best rates and be aware of fees and additional costs when making transactions, payments abroad, ATM withdrawals, including when using dynamic currency conversion; asks the Commission to issue guidance that requires providers to disclose any exchange rate mark-up as a charge as part of the costs and charges disclosure under PSD2, and that rates offered by various financial services providers be presented in a transparent manner, including a neutral reference rate provided by a non-business actor;
Amendment 39 #
2017/2052(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that funding should be guaranteed for the new industrial policy strategy so that the EU can become the world leader in innovation, digitisation and decarbonisation; calls for the necessary financial programme to be safeguarded through a dedicated investment programme that facilitates the development of a comprehensive industrial strategy; targeting key EU industrial sectors such as the bio- economy, energy, ICT, transport and health.
Amendment 4 #
2017/2044(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for the 2018 budget to reflect the priorities outlined in the European Semester, specifically re-launching investment, pursuing structural reforms and conducting responsible fiscal policies, innovation, growth and job creation, fostering convergence, pursuing sustainable and socially balanced structural reforms to modernise European economies making them more competitive, conducting fiscal policies which would ensure investment and sustainable growth;
Amendment 11 #
2017/2044(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Points out the need to support the current debate on the future of the EMU by financing the necessary tools to ensure a broad debate with citizens and stakeholders;
Amendment 14 #
2017/2044(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the inclusion of adequate resources in the 2018 budget to support the European Supervisory Authorities (ESAs); underlines that the role of the ESAs is essential in fostering the consistent application of Union law and better coordination between national authorities, and in ensuring financial stability, better integrated financial markets and consumer protection; emphasises that the ESAs must stick strictly to the tasks assigned to them by the European Parliament and the Council and must not seek to broaden theipoints out that a more significant part of the ESAs' resources should be allocated to retail investor mandate beyond those assignments consumer protection;
Amendment 23 #
2017/2044(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Suggests that, as the workload of the ESAs is shifting from legislative tasks to supervisory convergence and enforcement, the budget and manpower of the ESAs should be allocated accordingly; eEmphasises that all three agencies will have to assign resources to analyse the implications of Brexit for the future of Union financial markets;
Amendment 28 #
2017/2044(BUD)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 47 #
2017/2044(BUD)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 55 #
2017/2044(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Points out the need to ensure the adequate resources to support the Union action to fight tax fraud, tax evasion and aggressive tax planning, notably through a preparatory action on capacity building, programmatic development and communication in the context of the fight against tax avoidance, tax evasion and tax fraud, following the pilot project launched in 2016;
Amendment 57 #
2017/2044(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Reiterates its critique on the fact that the user-friendliness of Eurostat's website continues to leave significant room for improvement;calls on Eurostat to make improvements in that regard and to ensure that all objectives from the European Statistical Programme are in fact accomplished.
Amendment 59 #
2017/2044(BUD)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the Commission to continue the reform of the European Financial Reporting Advisory Group (EFRAG), in particular with regard to its task and responsibilities, thereby also strengthening the Union's influence in international accounting standard-setting.
Amendment 60 #
2017/2044(BUD)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Stresses the importance of supporting the Commission’s completion of its Capital Markets Union initiative, as well as ensuring the implementation of the Consumer Financial Services Action Plan, thereby benefiting consumers, businesses and investors.
Amendment 173 #
2017/2044(BUD)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Recalls the 2013 Fox-Häfner report, which estimated the costs of the geographic dispersion of the Parliament to be between EUR 156 million and EUR 204 million and equivalent to 10 % of the Parliament's budget; notes the finding that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11,000 to 19,000 tonnes of CO2 emissions; reiterates the negative public perception caused by this dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines;
Amendment 71 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to ensure that the EU develops the highest international standards regarding (a) social protection for ‘workpreneurs’ in collaborative economies, (b) safety guarantees for the customers of collaborative economies, and (c) cohabitation synergies with traditional business models;
Amendment 74 #
2017/2003(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls upon the Commission to make it easier for Member States to ensure adequate social protection for both employees and the self-employed in sharing economies, while the Commission must respect the social partners’ autonomy at the national level, national collective agreements and national labour market traditions and models, and refrain from taking initiatives that may affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practice.
Amendment 90 #
2017/2003(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission to ensure that EU legislation and policies are future- friendly and provide legal certainty in order to unleash the full potential of collaborative economies for EU employees, businesses and citizens, while redefining and modernising – where necessary – the concepts of ‘work/service’, ‘worker’ and ‘service provider’;
Amendment 9 #
2017/0326(COD)
Draft legislative resolution
Paragraph 5
Paragraph 5
5. Deplores the lack of transparency and accountability, in the voting procedure the Council has undertaken on the 20 November 2017, leaving final decisions to a draw; points to the fact that the agencies are currently partly funded by the Union budget and that also relocation costs may partly occur at the expense of the Union budget which are subject to ongoing negotiations between the European Union and the United Kingdom; stresses that most of the costs related to EBA's relocation should be borne by the Member State that has decided to leave the Union; highlights therefore the need for democratic accountability as well as a transparent and understandable decision- making in the interest of the European public; Requests further details on the weighting of the criteria applied by the Council in the selection procedure for the location of EBA;
Amendment 18 #
2017/0326(COD)
Draft legislative resolution
Paragraph 9
Paragraph 9
9. Underlines that the relocation and the new premises need to be ready and fit by the time the withdrawal of the United Kingdom from the European Union comes into effect; highlights that any delay affecting the full functioning and operability of the EBA in the relocated site could cause excessive harmful effects on the implementation of consistent prudential regulation and supervision across the Union banking sector;
Amendment 141 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 125% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.1 of Part A of Annex I;
Amendment 151 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 4 – point b
Article 1 – paragraph 4 – point b
(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet-wide target equal to a 125% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.1 of Part B of Annex I;
Amendment 158 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point a
Article 1 – paragraph 5 – point a
(a) for the average emissions of the new passenger car fleet, an EU fleet-wide target equal to a 3055% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part A of Annex I;
Amendment 168 #
2017/0293(COD)
Proposal for a regulation
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(b) for the average emissions of the new light commercial vehicles fleet, an EU fleet- wide target equal to a 3055% reduction of the average of the specific emissions targets in 2021 determined in accordance with point 6.1.2 of Part B of Annex I.
Amendment 81 #
2017/0291(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2009/33/EU
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
This Directive shall apply to new contracts concluded after the Directive has entered into force for the purchase, lease, rent or hire-purchase of road transport vehicles by:
Amendment 144 #
2017/0291(COD)
Proposal for a directive
ANNEX 1
ANNEX 1
Directive 2009/33/EU
Annex – table 3
Annex – table 3
Table 3: Alternative fuel requirements for heavy-duty vehicles Vehicle categories Alternative fuels M3, N2, N3 vehicles Electricity*, hydrogen, natural gas includingadvanced biofuels and natural gas including biomethane, in gaseous form (compressed natural gas (CNG)) and liquefied form (liquefied natural gas (LNor liquefied form (CNG, LNG, CBG and LBG). *For use in a vehicle as defined in Art. 2 (2) of Directive 2014/94/EU, provided that electricity is used for a relevant part of the operational use of the vehicle.
Amendment 27 #
2017/0248(CNS)
Proposal for a regulation
Recital 6
Recital 6
(6) As a first step towards a definitive VAT system as proposed in in Communication from the Commission on an action plan on VAT - Towards a single EU VAT area - Time to decide31, the reverse charge procedurtaxation at destination principle is to apply to intra-Union supplies of goods where the person acquiring the goods is a certified taxable person. It is therefore essential for taxable persons supplying goods within the Union to know whether or not their customers have been granted certified taxable person status. Given the practical similarity with the current exemption for intra-Community supplies of goods, and to avoid unnecessary costs or burden, information on the certified taxable person status should be provided by the VAT Information Exchange System (VIES). __________________ 31 COM(2016)148 final of 7 April 2016. COM(2016)148 final of 7 April 2016.
Amendment 29 #
2017/0248(CNS)
Proposal for a regulation
Recital 11
Recital 11
(11) For the purpose of ensuring the effective and efficient monitoring of VAT on cross-border transactions, Regulation (EU) No 904/2010 provides for the presence of officials in administrative offices and during administrative enquiries in other Member States. In order to strengthen the capacity of tax authorities to check cross-border supplies, there should be joint audits enabling officials from two or more Member States to form a single audit team and actively take part in a joint administrative enquiry, in a cooperative and productive spirit in order to detect and counter cross-border VAT fraud which is currently eroding the tax bases of Member States.
Amendment 36 #
2017/0248(CNS)
Proposal for a regulation
Recital 16
Recital 16
(16) To protect the financial interests of the Union against serious cross-border VAT fraud, the Member States participating in the European Public Prosecutor’s Office should communicate to that office in a timely manner, including via Eurofisc liaisons officials, information on the most serious VAT offences as referred to in Article 2(2) of Directive (EU) 2017/1371 of the European Parliament and of the Council36. __________________ 36 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 38 #
2017/0248(CNS)
Proposal for a regulation
Recital 18
Recital 18
(18) The Commission mayshould have access to the information communicated or collected pursuant to Regulation (EU) No 904/2010 only in so far as it is necessary for care, maintenance and development of the electronic systems hosted by the Commission and used by the Member States for the purpose of this Regulation, and to ensure the proper implementation of this Regulation.
Amendment 39 #
2017/0248(CNS)
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of this Regulation, it is appropriate to consider limitations on certain rights and obligations laid down by Regulation (EU) 2016/679 of the European Parliament and of the Council37 in order to safeguard the interests referred to in Article 23(1)(e) of that Regulation. Such limitations are necessary and proportionate in view of the potentialhuge losses of revenue for Member States and the crucial importance of making information available in order to combating VAT fraud jointly and much more effectively. __________________ 37 Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (OJ L 119, 4.5.2016, p. 1).
Amendment 50 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EU) No 904/2010
Article 7 – paragraph 4 – subparagraph 4
Article 7 – paragraph 4 – subparagraph 4
Where the competent authorities of at least two Member States consider that an administrative enquiry is required, the requested authority shall not refuse to undertake thate enquiry concerned. Member States shall ensure that arrangements are put in place between those requesting authorities and the requested authority whereby officials authorised by the requesting authorities shall take part in the administrative enquiry carried out in the territory of the requested authority with a view to collecting the information referred to in the second subparagraph. Such administrative enquiry shall be carried out jointly by the officials of the requesting and requested authorities in a cooperative and productive spirit. The officials of the requesting authorities shall exercise the same powers of inspection as those conferred on officials of the requested authority. The officials of the requesting authorities shall have access to the same premises and documents as the officials of the requested authority for the sole purpose of carrying out the administrative enquiry in order to detect and counter cross-border VAT fraud which is currently eroding national tax bases.
Amendment 55 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EU) No 904/2010
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
(e) information as regardsing the status of a certified taxable person pursuant to Article 13a of Directive 2006/112/EC, as well as the date on which that status was granted, refused and withdrawn.
Amendment 57 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point e
Article 1 – paragraph 1 – point 3 – point e
Regulation (EU) No 904/2010
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Commission shall determine by means of implementing acts the exactspecific categories to be comprised in the standard forms, templates and procedures for provision of information referred to in point (f) of paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2).;
Amendment 59 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b – point i
Article 1 – paragraph 1 – point 4 – point b – point i
Regulation (EU) No 904/2010
Article 21 – paragraph 2 – point e – point i
Article 21 – paragraph 2 – point e – point i
(i) access is in connection with an investigation into suspected fraud or is to detect or identify perpetrators of fraud and serious misconduct;
Amendment 62 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EU) No 904/2010
Article 21 – paragraph 2a – subparagraph 1 – introductory part
Article 21 – paragraph 2a – subparagraph 1 – introductory part
With respect to the information referred to in Article 17(1)(f), at least the following detailsinformation shall be accessible:
Amendment 64 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EU) No 904/2010
Article 21 – paragraph 2a – subparagraph 1 – point d – point i
Article 21 – paragraph 2a – subparagraph 1 – point d – point i
(i) access is in connection with an investigation into suspected fraud or is to detect or identify perpetrators of fraud and serious misconduct;
Amendment 65 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 904/2010
Article 21a – paragraph 2 – subparagraph 1 – point i
Article 21a – paragraph 2 – subparagraph 1 – point i
(i) access is in connection with an investigation into suspected fraud or is to detect or identify perpetrators of fraud and serious misconduct;
Amendment 66 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point a
Article 1 – paragraph 1 – point 8 – point a
Regulation (EU) No 904/2010
Article 28 – paragraph 2a
Article 28 – paragraph 2a
2a. By agreement between the requesting authorityies and the requested authority, and in accordance with the arrangements laid down by the latter, officials authorised by the requesting authorityies may, with a view to collecting and exchanging the information referred to in Article 1, take part in the administrative enquiries carried out in the territory of the requested Member State. Such administrative enquiries shall be carried out jointly in a spirit of mutual trust and fruitful cooperation by the officials of the requesting and requested authorities with the aim of combating cross-border VAT fraud. The officials of the requesting authority shall exercise the sameequal powers of inspection as those conferred on officials of the requested authority. The officials of the requesting authorities shall have access to the same premises and documents as the officials of the requested authority for the sole purpose of carrying out the administrative enquiry. By agreement between the requesting authority and the requested authority, and in accordance with the arrangements laid down by the requested authority, both authorities may draft a common audit report.
Amendment 68 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) No 904/2010
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The competent authorities of each Member State shall ensure that personindividuals involved in the intra-Community supply of goods or of services and non-established taxable persons supplying telecommunication services, broadcasting services and electronically supplied services, in particular those referred to in Annex II to Directive 2006/112/EC, are allowed to obtain, for the purposes of such transactions, confirmation by electronic means of the validity of the VAT identification number of any specified person as well as the associated name and address. The competent authorities of each Member State shall also ensure that it can be verified by electronic means whether any specified person is a certified taxable person pursuant to Article 13a of Directive 2006/112/EC where such tax status is relevant for the purposes of that Article. This information shall correspond to the data referred to in Article 17 of this Regulation.
Amendment 69 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 904/2010
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall, on the basis of the informationdetails provided by the Member States, publish on its website the details of the provisions approved by each Member State which transpose Chapter 2 of Title VIII, Article 167a, Chapter 3 of Title XI and Chapter 1 of Title XII of Directive 2006/112/EC.
Amendment 74 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) No 904/2010
Article 35 – paragraph 1
Article 35 – paragraph 1
The Commission shall provide Eurofisc with technical and logistical support. The Commission shall not have access to the information referred to in Article 1, which may be exchanged over Eurofisc, except infor the circumstances provided for in Article 55(2).
Amendment 77 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Regulation (EU) No 904/2010
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Eurofisc working field coordinators may forward, on their own initiative or on request, some of the collated and processed informationinformation on serious cross- border VAT offences to Europol and the European Anti-Fraud Office (‘OLAF’), as agreed by the working field participants.
Amendment 82 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) No 904/2010
Article 48 – paragraph 1 – subparagraph 2
Article 48 – paragraph 1 – subparagraph 2
Where the Member State of establishment becomes aware that a taxable person making a request for refund of VAT, in accordance with Article 5 of Directive 2008/9/EC, has undisputed VAT liabilities in that Member State of establishment, it mayshall inform the Member State of refund of those liabilities so that the Member State of refund shall requests the consent of the taxable person for the transfer of the VAT refund directly to the Member State of establishment in order to discharge the outstanding VAT liabilities. Where the taxable person consents to this transfer, the Member State of refund on behalf of the taxable person shall transfer this amount to the Member State of establishment, to the extent that it is required to discharge the outstanding VAT liability. The Member State of establishment shall inform the taxable person whether the amount transferred amounts to either a full or a partial discharge of the VAT liability within 150 working days of the receipt of the transfer from the Member State of refund.
Amendment 83 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) No 904/2010
Article 48 – paragraph 1 – subparagraph 3
Article 48 – paragraph 1 – subparagraph 3
Where the Member State of establishment becomes aware that a taxable person making a request for refund of VAT, in accordance with Article 5 of Directive 2008/9/EC, has disputed VAT liabilities in that Member State of establishment, it mayshall inform the Member State of refund of those liabilities, so that the Member State of refund shall requests the consent of the taxable person for the transfer of the VAT refund directly to the Member State of establishment in order that it be retained as a precautionary measure. Where the taxable person consents to this transfer and retention, the Member State of refund on behalf of the taxable person shall transfer this amount to the Member State of establishment to the extent that it is required to secure the payment of the disputed VAT liability. The Member State of establishment shall inform the taxable person of the transfer and of the retention of the amount transferred within 150 working days of the receipt of the transfer from the Member State of refund. The transfer of the amount to the Member State of establishment shall only be permitted where the Member State of establishment has in place effective judicial control, which enables the courts to grant the release, at the request of the taxable person and in all stages of the proceedings, of the amount retained or of any part of it.
Amendment 89 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point a
Article 1 – paragraph 1 – point 19 – point a
Regulation (EU) No 904/2010
Article 55 – paragraph 2
Article 55 – paragraph 2
2. Persons duly accredited by the Security Accreditation Authority of the Commission mayshall have access to this information only in so far as it is necessary for care, maintenance and development of the electronic systems hosted by the Commission and used by the Member States to implement this Regulation, and to ensure the proper implementation of this Regulation;
Amendment 91 #
2017/0248(CNS)
Proposal for a regulation
Article 1 – paragraph 1 – point 19 – point b
Article 1 – paragraph 1 – point 19 – point b
Regulation (EU) No 904/2010
Article 55 – paragraph 5
Article 55 – paragraph 5
All storage, processing or exchange of information referred to in this Regulation is subject to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council(*). However, Member States shall, for the purpose of the correct application of this Regulation, restrict the scope of the obligations and rights provided for in Articles 12 to 22 and Articles 5 and 34 of Regulation (EU) 2016/679 to the extent required in order to safeguard the interests referred to in Article 23(1)(e) of that Regulation. The processing and storage of information referred to in this Regulation shall be carried outapproved only for the purposes referred to in Article 1(1) of this Regulation and the storage periods of this information shall be limited to the extent necessary to achieve those purposes.’
Amendment 306 #
2017/0230(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 311 #
2017/0230(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 314 #
2017/0230(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 327 #
2017/0230(COD)
Proposal for a regulation
Recital 55
Recital 55
Amendment 336 #
2017/0230(COD)
Proposal for a regulation
Recital 63
Recital 63
Amendment 339 #
2017/0230(COD)
Proposal for a regulation
Recital 64
Recital 64
Amendment 362 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU) 1093/2010
Article 1 – point 6
Article 1 – point 6
Amendment 678 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 – point a
Article 1 – paragraph 1 – point 24 – point a
Regulation (EU) No 1093/2010
Article 40 – paragraph 1 – point aa
Article 40 – paragraph 1 – point aa
Amendment 710 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 28
Article 1 – paragraph 1 – point 28
Regulation (EU) No 1093/2010
Article 44 – paragraph 1, subparagraphs 2 to 6, and paragraph 4
Article 44 – paragraph 1, subparagraphs 2 to 6, and paragraph 4
Amendment 724 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) No 1093/2010
Article 45
Article 45
Amendment 746 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 31
Article 1 – paragraph 1 – point 31
Amendment 762 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Amendment 763 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33
Article 1 – paragraph 1 – point 33
Regulation (EU) No 1093/2010
Article 46
Article 46
Amendment 768 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 1093/2010
Article 47
Article 47
Amendment 790 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Regulation (EU) No 1093/2010
Article 48
Article 48
Amendment 805 #
2017/0230(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Amendment 1165 #
Amendment 209 #
2017/0225(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
All measures to be taken under the Regulation shall have regard for the principles of free movement of goods and services established in the Treaty on the Functioning of the European Union and shall be non-discriminatory. This concerns in particular the preparation, adoption and application of standards and technical specifications defining technical requirements and/or a security evaluation methodology associated with a cybersecurity scheme.
Amendment 234 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘conformity assessment’ means conformity assessment as defined in point (12), Article 2 of Regulation (EC) No 765/2008, defined through a standard;
Amendment 258 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Agency shall contribute to increaseing cybersecurity capabilities at Union level in order to complement the action of developing Member States skills in preventing and responding to cyber threats, notably in the event of cross-border incidents.
Amendment 363 #
2017/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c a (new)
Article 11 – paragraph 1 – point c a (new)
(c a) In collaboration with European Cybersecurity Certification Group (the 'Group') established under Article 53 provide advice and support to the Commission in matters regarding cyber security certification and agreements for mutual recognition of cyber security certificates with foreign markets and third countries.
Amendment 400 #
2017/0225(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
With a view to ensuring the proper functioning of the internal market while aiming at a high level of cybersecurity, cyber resilience and trust within the Union, a voluntary European cybersecurity certification framework shall be introduced. The Framework shall provide fair and equal opportunities for all companies in Europe. A European cybersecurity certification scheme shall attest that the ICT development procedures, products and/or services that have been certified s been evaluated, using accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of assurance, actions that aim to compromise the availability, authentic standardised methodology for conformity assessment, against specified security standards laid down in a European cybersecurity certification scheme, that have been defined with the aim to protect the availability, integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by, or accessible via, those products, processes, services and systems.
Amendment 520 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) detailed specification of the cybersecurity requirements against which the specific ICT products and services are evaluated, for example by reference to Union or international standards or technical specifications in accordance with point (1) of Article 2 of Regulation (EU) No 1025/2012;
Amendment 526 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point d
Article 47 – paragraph 1 – point d
(d) specific evaluation criteria and methods used, including types of evaluation, in order to demonstrate that the specific objectives referred to in Article 45 are achieved by reference to standards or technical specifications in accordance with point (1) of Article 2 of Regulation (EU) No 1025/2012;
Amendment 562 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 4 – introductory part
Article 48 – paragraph 4 – introductory part
4. By the way of derogation from paragraph 3, and only in duly justified cases, a particular European cybersecurity scheme may provide that a European cybersecurity certificate resulting from that scheme can only be issued by a public body. Such public body shall be one of the following:a body that is accredited as conformity assessment body pursuant to Article 51(1).
Amendment 563 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 4 – point a
Article 48 – paragraph 4 – point a
Amendment 585 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Each national certification supervisory authority shall, in its organisation, funding decisions, legal structure and decision-making, be independent of the entities they supervise. The national certification supervisory authority may not be a certificate body or certificate issuer.
Amendment 196 #
2017/0136(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The degree of risk posed by a systemically-important CCP to the financial system and stability of the Union varies. The requirements for systemically- important CCPs should therefore be applied in a manner proportionate to the risks that the CCP may present to the Union. Where ESMA and the relevant central bank(s) of issue conclude that a third-country CCP is of such systemic importance that additional requirements will not ensure the financial stability of the Union, ESMA should be able to recommend to the Commission that that CCP should not be recognised. The Commission should be able to adopt an implementing act declaring that the third- country CCP should be established in the Union and authorised as such to provide clearing services in the Union.
Amendment 476 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Amendment 484 #
2017/0136(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 – point b
Article 2 – paragraph 1 – point 9 – point b
Regulation (EU) No 648/2012
Article 25 – paragraph 2 c – subparagraph 2
Article 25 – paragraph 2 c – subparagraph 2
Amendment 63 #
2017/0125(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to contribute to the enhancement of the competitiveness and innovation capacity of the Union's defence industry, a European Defence Industrial Development Programme (hereinafter referred to as the Programme) should be established. The Programme should aim at enhancing the competitiveness of the Union's defence industry inter alia cyber defence by supporting the cooperation between Member States and undertakings in the development phase of defence products and technologies. The development phase, which follows the research and technology phase, entails significant risks and costs that hamper the further exploitation of the results of research and adversely impact the competitiveness of the Union's defence industry. By supporting the development phase, the Programme would contribute to a better exploitation of the results of defence research and it would help to cover the gap between research and production as well as to promote all forms of innovation. The Programme should complement activities carried out in accordance with Article 182 TFEU and it does not cover the production of defence products and technologies.
Amendment 75 #
2017/0125(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Programme should cover a two year period from 1 January 2019 to 31 December 2020 whereas the amount for the implementation of the Programme should be determined for this period. Without prejudice to the powers of the Budgetary Authority, the overall budget for the implementation of the Programme should be exclusively made available through redeployments within the Multiannual Financial Framework 2014- 2020.
Amendment 122 #
2017/0125(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As the Programme aims at enhancing the competitiveness of the Union's defence industry, only entities established in the Union and effectively controlled by Member States or their nationals should be eligible for support. Additionally, in order to ensure the protection of essential security interests of the Union and its Member States, the infrastructure, facilities, assets and resources used by the beneficiaries and subcontractors in actions funded under the Programme, shall not be located on the territory of non-Member Statesfacilities, assets and resources used by the beneficiaries and subcontractors in actions funded under the Programme, should in principle be located on the territory of the European Union. European companies owned by non-EU entities should have a EU management structure and have a government license from the Member State in which they are based. Beneficiaries should identify before the signature of the funding agreement all relevant elements and infrastructure to be used in the action. Beneficiaries should also take into account Member States' concerns regarding security of supply.
Amendment 169 #
2017/0125(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The financial assistance of the Union under the Programme should not exceed 20% of the total eligible cost of the action when it relates to prototyping which is often the most costly action in the development phase. The totality of the eligibleUp to 50% of the total costs shcould however be covered for other actions in the development phase.
Amendment 188 #
2017/0125(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) To ensure the success of the Programme the Commission should endeavour to maintain dialogue with a broad spectrum of Europe’s industry, including SME’s and non-traditional suppliers to the defence sector.
Amendment 247 #
2017/0125(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The Union's financial assistance mayshall be provided through the types of financing envisaged bygrants in accordance with Regulation (EU, Euratom) No 966/2012, and in particular:.
Amendment 248 #
Amendment 252 #
2017/0125(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
Amendment 255 #
2017/0125(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 263 #
2017/0125(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 278 #
2017/0125(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The action shall be undertaken in a cooperation of at least three undertakingundertakings in a consortium of at least three eligible entities which are established in at least two different Member States. The undertakings which are beneficiariAt least three of the eligible entities established in at least two different Member States shall not be effectively be controlled, directly or indirectly, by the same entity or shall not control each other.
Amendment 311 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Beneficiaries shall be undertakings established in the Union, in which Member States and/or nationals of Member States own more than 50% of the undertaking and effectively control it within the meaning of Article 6(3), whether directly or indirectly through one or more intermediate undertakings. In addition, all infrastructure, facilities, assets and resources used by the participants, including subcontractors and other third parties, in actions funded under the Programme shall not be located on the territory of non-Member States during the entire duration of the action. Beneficiaries owned by an entity outside Europe, shall have a European management, and a license issued by the Member State in which it is located.
Amendment 334 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 339 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The beneficiaries may on a non- systemically base use subcontractors, assets, infrastructure, facilities and resources located or held outside the territory of Member States or controlled by third countries, if this usage would not contravene the security interests of the Union.
Amendment 343 #
2017/0125(COD)
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2b. Beneficiaries may cooperate with undertakings established outside the territory of EU Member States when developing an eligible action if this cooperation does not contravene the security interests of the Union, as agreed by the Member States within the Common Foreign and Security Policy.
Amendment 346 #
Amendment 348 #
2017/0125(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Each applicantconsortium wishing to participate in an action shall declare, by written statement, that it is fully aware of and compliant with applicable national and Union legislation and regulations relating to activities in the domain of defence.
Amendment 400 #
2017/0125(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The financial assistance of the Union provided under the Programme may not exceed 20% of the total cost of the action where it relates to design or system prototyping. In all the other cases, the assistance may cover up to 50% of the total cost of the action.
Amendment 289 #
2016/2306(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that well-functioning, flexiproductive and more adaptable labour markets have proven to be quicker to recover from the economic downturn;
Amendment 338 #
2016/2306(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 120 #
2016/2305(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Points out that 5G will be the cornerstone in realising the vision of the Networked Society and will increase the possibilities to live, study and work in the European Union, which is a prerequisite for people and companies to fully benefit from the digital revolution;
Amendment 148 #
2016/2305(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. CUnderlines that Europe faces a digital gap in terms of skills; considers that the development and improvement of digital skills is crucial and should take place through major investment in education with two main objectives: training a highly skilled workforce able to retain and create technological jobs and putting an end to digital illiteracy – a cause of digital divide and exclusion;
Amendment 173 #
2016/2305(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Points out that other countries and regions are progressing quickly in the development of 5G; stresses the need for the European Union, Member States and all the relevant actors to take their responsibility and working together to ensure not being left behind in the global race;
Amendment 184 #
2016/2305(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that in order to facilitate the adoption of 5G technologies, the European Commission and Member States must encourage and incentivise cross-sector innovation as well as ensuring that policies and rules are future-oriented, pro-investment and pro- innovation;
Amendment 237 #
2016/2305(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Points out that public institutions (such as national health services, education, local and regional authorities) can have an important role to play as early adopters of 5G solutions that can help to kick-start 5G in Europe;
Amendment 10 #
2016/2271(INI)
Motion for a resolution
Recital A
Recital A
A. whereas energetic efforts to reindustrialise Europe must be pursued with concrete policies and actions with the aim of combining competitiveness and sustainability;
Amendment 124 #
2016/2271(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of an EU governance structure for the digitalisation of industry that facilitates the coordination of national initiatives and platforms on industrial digitalisation; calls on the Commission to consider setting a non- binding orientation target, that allows the EU to remain a global industrial leader; underlines the importance of advancing digitalisation particularly in those regions that are lagging behind; underlines the importance of cooperation between relevant actors and expects that, besides industry leaders and social partners, stakeholders from academia, the standardisation community, trade unions, policy-makers and civil society as well as industry leaders, especially SMEs, will also be invited to play an active role;
Amendment 160 #
2016/2271(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights in this context the need to advance investment in connectivity through 5G and fibre optics as an instrument for convergence across Europe, including all regions and all Member States, and ensuring a robust, safe and reliable digital infrastructural backbone for Europe’s industry. A world-class digital infrastructure will support the European industry and foster innovation;
Amendment 289 #
2016/2271(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights the fact that the digital transformation of industry will have a major societal impact on areas ranging from employment, working conditions, workers’ rights to education and skills; underlines the importance of an inclusive transition towards good and fair digital work; demands that essential social rights, such as information and consultation rights, right to collective bargaining and safe and secure work environment, be maintained and reinforced in a digitally transformed industry; calls on the Commission to adequately study the social effects of industrial digitalisation;
Amendment 309 #
2016/2271(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the importance of long- term anticipation of change for workers in the digital transformation of the industry and that Europe faces a digital gap in terms of skills; calls for the implementation of a skills guarantee and the right to (re-)training and life-long- learning; emphasises the importance of ensuring the promotion of digital skills; calls on industry to grant employees a ‘digital sabbatical’; asks the Commission to launch a pan-European up-skilling initiative;
Amendment 329 #
2016/2271(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Demands that the gender perspective is incorporated in all digital initiatives, ensuring that the ongoing digital transformation also becomes a driving force for gender equality; emphasises the need to address the severe gender gap within the ICT sector, which is essential for Europe's long-term growth and prosperity;
Amendment 14 #
2016/2243(INI)
Motion for a resolution
Recital A
Recital A
A. whereas FinTech should be understood as finance enabled by or provided via new technologies, affecting the whole financial sector, from banking to insurance, pension funds, investment advice, digital payments and market infrastructures;
Amendment 34 #
2016/2243(INI)
Motion for a resolution
Recital D
Recital D
D. whereas FinTech developments should contribute to the competitiveness of the European financial system and economy, without hampering financial stability and, while maintaining a level playing field and the highest possible level of consumer protection;
Amendment 63 #
2016/2243(INI)
Motion for a resolution
Recital G
Recital G
G. whereas FinTech can serve as an effective tool for financial inclusion, opening up tailor-made financial services to those who could not access them before; nevertheless, financial education should be advocated in all EU member states and across all age groups for real financial inclusion so that no one is left behind;
Amendment 271 #
2016/2243(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Acknowledges the importance of application programming interfaces (APIs) in providing new actors with access to financial infrastructure; recommends the creation of a set of standardised APIs to be used by providers, for example in the area of open banking;
Amendment 6 #
2016/2224(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the European Parliament has established two special committees and one committee of inquiry following these revelations;
Amendment 13 #
2016/2224(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas, because of the lack of protection, one might not be willing to blow the whistle to avoid the risk of reprisal and/or retaliation;
Amendment 17 #
2016/2224(INI)
Draft opinion
Recital C
Recital C
C. whereas EU law already contains certain provisions protecting whistle- blowers against reprisals, including with regard to money laundering, but does not yet provide for horizontal legislation applying to all public and private bodies; whereas fragmented provisions might prove to be unclear and inefficient;
Amendment 21 #
2016/2224(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the European Court of Human Rights has a well-established case law regarding whistle-blowers;
Amendment 22 #
2016/2224(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. whereas the Charter of Fundamental Rights of the European Union ensures the freedom of expression and the right to good administration;
Amendment 23 #
2016/2224(INI)
Cc. whereas an effective protection of whistle-blowers would contribute to the efficiency of the internal market and reinforce the citizens’ trust in the EU;
Amendment 24 #
2016/2224(INI)
Draft opinion
Recital C d (new)
Recital C d (new)
Cd. whereas the European Parliament called for a protection of whistle-blowers in several reports, such as the two reports “Tax rulings and other measures similar in nature or effect” and the report “Bringing transparency, coordination and convergence to corporate tax policies in the Union”;
Amendment 32 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to present horizontal legislation to protect whistle- blowers as soon as possibl, covering public and private sector without any distinction, as soon as possible, and where necessary to adapt existing regulations to this purpose;
Amendment 33 #
2016/2224(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to present horizontal legislation to protect whistle- blowers as soon as possible, both in the private and public sector;
Amendment 35 #
2016/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises the unreasonable and worrying fact that citizens and journalists are being subject to prosecution rather than legal protection when disclosing information in the public interest, including suspected misconduct, wrongdoing, fraud or illegal activity, particularly when it comes to conduct violating the fundamental principles of the EU, such as tax avoidance, tax evasion and money laundering;
Amendment 37 #
2016/2224(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers it necessary to settle a clear legal definition of “whistle-blower”;
Amendment 45 #
2016/2224(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reaffirms the vital role of whistle- blowers in revealing suspected misconduct, wrongdoing, fraud or illegal activity; stresses that disclosures such as the revelations of LuxLeaks and Panama Papers are clearly in the public interest, visibly disclosing the massive scale of tax evasion, tax avoidance and money laundering;
Amendment 59 #
2016/2224(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Requests that the forthcoming review of the European Supervisory Authorities (ESAs) adapt their powers and procedures to protect whistle-blowers;
Amendment 60 #
2016/2224(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Believes that an independent body at EU level should provide citizens with a single reporting channel and, when justified, legal and financial advices and protections, as well as anonymity and confidentiality;
Amendment 73 #
2016/2224(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to put forward an EU-wide legislation to protect whistle-blowers, including a selection of tools for safeguarding protection against unjustified legal prosecution, including measures to tackle economic sanctions, discrimination and job loss; suggests the creation of an independent European body responsible for collecting and analysing information while carrying out investigations, as well as a pan-European whistle-blower common fund in order to ensuring adequate financial assistance to whistle-blowers.
Amendment 76 #
2016/2224(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 82 #
2016/2224(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Believes that any international agreement (trade, immigration, etc.) concluded with the EU shall include provisions on the protection of whistle- blowers;
Amendment 28 #
2016/2147(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the objective of H2020 is to contribute to building a society and an economy based on knowledge and innovation by leveraging additional national public and private R&D funding and by helping to attain the target of 3% of GDP for R&D by 2020; stresses the need to keep a pace with our global competitors and regrets that the EU invested only 2.03% of GDP in 2015, with the individual figures for different countries ranging from 0.46% to 3.26%14 ; _________________ 14 ‘Horizon 2020, the EU framework programme for research and innovation. European Implementation Assessment’. European Parliament Research Service.
Amendment 102 #
2016/2147(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Confirms that ‘excellence’ should remain the key criterion across the three pillars, while noting that it is only one of the three evaluation criteria, alongside ‘impact’ and ‘quality and efficiency of the implementation’; calls for the reweighting of these criteria and invites the Commission to set out additional sub- criteria by adding ‘SSH integration and geographical balance’ under ‘impact’ and ‘project size’ under ‘efficiency of the implementation’;
Amendment 117 #
2016/2147(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for better evaluation, transparency and quality assurance by the evaluators; takes note ofstresses the need to take into account the complaints made by unsuccessful applicants that the Evaluation Summary Reports lack depth and clarity on what should be done differently in order to succeed;
Amendment 150 #
2016/2147(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to continue to enhance the societal challenges approach and emphasises the importance of collaborative research; underlines the need to reinforce some societal challenges such as migration and integration, innovation in agriculture and health, especially cancer and antimicrobial resistance research plans;
Amendment 164 #
2016/2147(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that synergies between funds and also with EU programs are crucial to make investments more effective; stresses that RIS3 are an important tool to catalyse synergies setting out national and regional frameworks for R&D&I investments; regrets the presence of substantial barriers to making synergies fully operational19 such as the State Aid rules; calls on the Commission to revise the State Aid rules and to allow R&D structural fund projects to be justifiable within the FP rules of procedure; _________________ 19 Large research infrastructure fits within the scope and goals of the ERDF, but ERDF funds allocated nationally cannot be used to co-finance it; construction costs associated with new research infrastructures are eligible under the ERDF, but operational and staff costs are not.
Amendment 174 #
2016/2147(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the R&I capabilities of North/South and West/East Member States are very different; recognises the European dimension to the problem of the participation gap, which must be addressed by the FP if the EU is to exploit its full potential; welcomes, in this respect, the Widening Programme; calls on the Commission to assess whether the three Widening instruments have achieved their specific objectives and to clarify the rational and general goal of the Programme, to review the indicator used to define ‘underrepresented’ countries, and to keep a dynamic list that allows Member States to be in or out depending on how their capabilities evolve; calls on the Commission to adapt or adopt newcurrent measures to bridge this gap;
Amendment 196 #
2016/2147(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. CStresses that global cooperation is an important means to strengthen European research; confirms that international co- operation fell from 5% in FP7 to 2.8% in Horizon 2020, which is worrying; recalls that the FP should contribute to ensuring that Europe remains a key global player, while underlining the importance of scientific diplomacy; calls for a strategic vision and structure to support this objective and welcomes initiatives such as PRIMA;
Amendment 221 #
2016/2147(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that Horizon 2020 is not focused on the ‘valley of death’ that constitutes the main barrier to converting prototypes into mass production, and that H2020 is the first FP to put research and innovation together; welcomes the creation of an EIC20 , but insists that this should not lead again to the separation of research from innovation; calls on the Commission to clarify the instruments and functioning of the EIC; _________________ 20 Commission Communication entitled ‘Europe’s next leaders: the Start-up and Scale-up Initiative’ (COM/2016/0733).
Amendment 226 #
2016/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to clarify the instruments and functioning of the EIC; uUnderlines the need to keep and strengthen the SME Instrument and the Fast Track to Innovation, and to facilitate funding for the final stages of research so that laboratory scientific innovations can develop into commercial businesses; considers that communication about success rate and profile of potential participants in these instruments can be improved; asks the Commission to analyse also how KICs can be integrated intoct with the EIC;
Amendment 5 #
2016/2056(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the EU market in retail financial services is still rather underdeveloped, for example in terms of the low number of cross-border transactions, and there is a substantial potential for improvements in several parts of that market;
Amendment 35 #
2016/2056(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas any effort made at strengthening the EU retail financial services market should be coordinated with the DSM (Digital Single Market), CMU (Capital Markets Union) and SMS (Single Market Strategy) agendas and have as the overall aim to strengthen job creation, growth, financial stability and the role of the consumer in the European economy;
Amendment 186 #
2016/2056(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission, in the procedure linked to the planned White Paper on the ESAs' funding and governance, to have a particular focus on ensuring that the authorities get the funding models and mandates needed to take a more active and consumer-oriented role in the retail financial services market while ensuring financial stability; observes that one could, in this context, consider broadening their mandates as regards supervisory convergence or cooperation between home and host national authorities;
Amendment 214 #
2016/2056(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Urges the Commission and the Member States to strengthen the Alternative Dispute Resolution (ADR) structures linked to the retail financial services market by making sure that ADR bodies are truly independent, by making certain that these bodies are adhered to by all actors in the market and by taking measures to ensure that FIN-NET is made more efficient and well-known to consumers;
Amendment 7 #
2016/0403(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Cross-border trade and cross-border investment in certain business and construction services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not. The potential for more growth and jobs in the Single Market should be fully exploited, while at the same time high standards for consumers and workers should be maintained, and fair competition and a level playing field for companies should be en fully exploitsured.
Amendment 11 #
2016/0403(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Cross-border trade and cross-border investment in certain business and construction services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not. The potential for more growth and jobs in the Single Market should be fully exploited, while at the same time high standards for consumers and workers should be maintained, and fair competition and a level playing field for companies should be en fully exploitsured.
Amendment 12 #
2016/0403(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Addressing remaining obstacles to more cross-border activities in services, while at the same time maintaining high standards for consumers and workers, will help to strengthen competition, resulting in more choice and better prices for consumers as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation.
Amendment 13 #
2016/0403(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.
Amendment 13 #
2016/0403(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In so doing, this Regulation specifically targets business and construction service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.
Amendment 14 #
2016/0403(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) All matters, activities and fields excluded from the scope of Directive 2006/123/EC should remain excluded from the scope of this Regulation. In particular, this Regulation does not affect matters, activities and fields such as those deriving from taxation, social security and labour law, including any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers and workers. This Regulation is without prejudice to the different labour market models of the Member States, including labour market models regulated by collective agreements. Equally this Regulation does not affect the social security legislation of the Member States. This Regulation is also without prejudice to any provision stemming from competition law as well as any rule on the applicable law or jurisdiction pursuant to private international law.
Amendment 15 #
2016/0403(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The European services e-card should be fully electronic, rely almost exclusively on data provided by reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. The Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e-cards electronically available to their holders and to competent authorities. _________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1)
Amendment 17 #
2016/0403(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. In any case, all of such documents should be used and accepted in simple form.
Amendment 19 #
2016/0403(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 19 #
2016/0403(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The application of this Regulation should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, increased transparency about cross-border providers, competition, prices and quality of the services provided and on workers’ rights. The effects of this Regulation and the practical functioning of the cooperation between coordinating authorities should be evaluated regularly. This monitoring will happen in cooperation with Member States, social partners and other relevant stakeholders.
Amendment 20 #
2016/0403(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. In any case, all of such documents should be used and accepted in simple form.
Amendment 21 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Regulation, in particular its Chapter III, shall be without prejudice to shall be without prejudice to the fundamental rights of workers, including trade union rights, the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU.
Amendment 22 #
2016/0403(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 22 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 a (new)
Article 2 – paragraph 3 – subparagraph 2 a (new)
This Regulation is without prejudice to the different labour market models of the Member States, including labour market models regulated by collective agreements, and shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.
Amendment 23 #
2016/0403(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 26 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Regulation, in particular its Chapter III, shall be without prejudice to shall be without prejudice to the fundamental rights of workers, including trade union rights, the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU. This Regulation shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.
Amendment 27 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept public documents in a simple copy f,certified orm and shall not request that documents submitted to them are subject to legalisation, apostille formalities, certification or authenticationuthenticated documents, and their certified copies.
Amendment 29 #
2016/0403(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor the implementation and the impacts of this Regulation, in particular on workers’ rights and its impacts on the freedom of establishment and freedom to provide services across Member States for the services covered, with regard to costs for providers of expanding operations cross- border, enhancing transparency about cross-border providers, increasing competition and how it impacts prices and quality of those services concerned, considering relevant indicators.
Amendment 30 #
2016/0403(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
14. “home Member State” means twhe Member State to which a provider addressed the application for a European services e-cardre the service provider is established, performs substantial economic activity and employs human resources;
Amendment 38 #
2016/0403(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 42 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept public documents in a simple copy f, certified orm and shall not request that documents submitted to them are subject to legalisation, apostille formalities, certification or authenticationuthenticated documents and their certified copies.
Amendment 44 #
2016/0403(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 51 #
2016/0403(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 55 #
2016/0403(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 8 #
2016/0402(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Cross-border trade and cross-border investment in csertain business and construction services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has notvices could be further enhanced and there is a potential for better integration of services markets. The potential for more growth and jobs in the Single Market should be fully exploited, while at the same time high standards for consumers and workers should be maintained, and fair competition and a level playing field for companies should be en fully exploitsured.
Amendment 10 #
2016/0402(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 15 #
2016/0402(COD)
Proposal for a directive
Recital 21
Recital 21
(21) There are two types of European services e-cards offered to service providers: a simpler procedure for temporary cross-border provision of services into other Member States, essentially controlling their previous establishment in the home Member State and allowing a host Member State to object to temporary provision of cross-border services only due to overriding reasons of public interests, and a more complex one, framing the control by host Member States of an economic activity in their territory for an indefinite period through secondary establishment in the form of branches, agencies or offices, as long as they justify minimum economic substance, in order to ensure, in a simplified workflow, mutual recognition is performed properly and expeditiously.
Amendment 16 #
2016/0402(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Directive 2006/123/EC of the European Parliament and of the Council17 establishes general provisions facilitating the exercise of the freedom of establishment for service providers and the free movement of services. It provides inter alia that Member States should provide for administrative simplification, for instance offering electronic procedures via Points of Single Contact, simplifying existing procedures and the need for certified documents and making best use of a system of tacit approval. The Directive also sets a framework furthering the freedom to provide services on a temporary basis in another Member State. The Services Directive also stresses that it is important to achieve an internal market for services, with the right balance between market opening and preserving public services and social and consumer rights. __________________ 17 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 17 #
2016/0402(COD)
Proposal for a directive
Recital 23
Recital 23
(23) The European services e-card for secondary establishment should allow for provision of services in the host Member State through branches, agencies but also any form of office located in its territory. Branches, agencies or offices should be able to justify minimum economic substance, i.e. the existence of human and physical resources specific to the entity, its management autonomy, its legal reality and, where appropriate, the nature of its assets to avoid letter-box companies and tax avoidance. However, for the purposes of the European services e-card, secondary establishment should not include provision of services in the host Member State through subsidiaries of companies established in the home Member State. The fact that a subsidiary is a separate legal entity requires more complex controls than those pertaining to provision of services through a branch, agency or office without separate legal personality. The European services e-card procedure is not suited to cover those complex controls.
Amendment 18 #
2016/0402(COD)
Proposal for a directive
Recital 24
Recital 24
(24) The coordinating authority of the home Member State should, upon receiving an application for a European services e-card, complete it and validate its contents in order to accurately demonstrate legal establishment of the provider in its home Member State and describe its circumstances in a manner conducive for host Member State's authorities to pursue their own controls. While inaction on the part of the applicant should lead to a halt in the procedure, inaction on the part of the home Member State's authorities should give way to judicial redressA mere letter-box company does not constitute an establishment.
Amendment 18 #
2016/0402(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Cross-border trade and cross-border investment in csertain business and construction services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has notvices could be further enhanced and there is a potential for better integration of services markets. The potential for more growth and jobs in the Single Market should be fully exploited, while at the same time high standards for consumers and workers should be maintained, and fair competition and a level playing field for companies should be en fully exploitsured.
Amendment 19 #
2016/0402(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to make it easier to take up and pursue service activities, this Directive builds upon Directive 2006/123/EC but does in no way amend its rules. The scope of this Directive is even more limited compared to the scope laid down in the Services Directive. It specifically targets business and construction service sectors, where many obstacles to cross-border activities still remain. In addition, cross- border trade and investment in construction and several business services are low and both sectors have seen weak productivity growth over the last decade.
Amendment 20 #
2016/0402(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) This Directive respects the different labour market models of the Member States, including labour market models regulated by collective agreements.
Amendment 24 #
2016/0402(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by two additional weeks should ensure that the host Member State has the appropriate time and means to consider applications for a European services e- card. A lack of information from the host Member State on applicable requirements should also not impede automatic issue of a European services e-card.
Amendment 27 #
2016/0402(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Prior to the issuance of the European services e-card, a host Member State should be allowed to invoke legitimate policy concerns. Nevertheless, in the interest of allowing for a simplified and swift procedure, the principle of tacit approval should be observed in issuing a European services e-card. That is the general principle introduced under Directive 2006/123/EC. An alert of impending tacit approval and the extension of the applicable deadlines by two additional weeks should ensure that the host Member State has the appropriate time and means to consider applications for a European services e- card. A lack of information from the host Member State on applicable requirements should also not impede automatic issue of a European services e-card.
Amendment 29 #
2016/0402(COD)
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC limited period.
Amendment 31 #
2016/0402(COD)
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in time, without prejudice to, in relation to temporary cross-border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC limited period of time.
Amendment 32 #
2016/0402(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The application of this Directive should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, particularly in relation to service providers, on consumer perception regarding such providers, particularly those holding a European services e-card, and on competition, prices and quality of services and on workers’ rights. The effects of the provisions contained in this Directive should be evaluated regularly, in particular in order to assess whether it would be appropriate to introduce a European services e-card for other service activities. This monitoring will take place in cooperation with Member States, social partners and other relevant stakeholders.
Amendment 35 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to fundamental rights of workers, including trade union rights and the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU.
Amendment 36 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This Directive shall be without prejudice to the fundamental rights of workers, including trade union rights and the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU. This directive shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.
Amendment 36 #
2016/0402(COD)
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Directive shall not in any way affect a Member State’s right to assess whether a company is established in its territory
Amendment 37 #
2016/0402(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. "home Member State" means the Member State to which a provider addressed the application for a European services e-cardwhere the service provider is established, performs substantial economic activity and employs human resources;
Amendment 39 #
2016/0402(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 13 a (new)
Article 3 – paragraph 1 – point 13 a (new)
13a. “minimum economic substance” means the factual criteria which can be used to define a branch, agency or office, such as the existence of human and physical resources specific to the entity, its management autonomy, its legal reality and, where appropriate, the nature of its assets;
Amendment 39 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A European services e-card for temporary cross-border provision of services conc, as regards the service activities coverned by that e-card, shall be valid throughout the territory of the host Member State.
Amendment 40 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration period of 18 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17.
Amendment 45 #
2016/0402(COD)
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Providers of service activities that have not been economically active in the home Member State for more than six months shall not be eligible for a European services e-card.
Amendment 46 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
A European services e-card for temporary cross-border provision of services conc, as regards the service activities coverned by that e-card, shall be valid throughout the territory of the host Member State.
Amendment 46 #
2016/0402(COD)
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.
Amendment 47 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration period of 18 months, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. Without prejudice to Article 17(4), Member States shall at any time, perform checks, inspections or investigations, in accordance with Union law and in particular Article 17(5) of this Directive in order to ascertain the occurrence of any event that may, as prescribed by Articles 15 and 16, determine a suspension or revocation of a European services e-card. This shall be without prejudice to measures put in place in accordance with Article 18 of Directive 2006/123/EC.
Amendment 47 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onefour weeks of having received an application for a European services e-card:
Amendment 48 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twofour weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 50 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 a (new)
Article 12 – paragraph 1 – subparagraph 1 a (new)
A Member State shall not be prevented from applying its rules on employment conditions, including those laid down in collective agreements.
Amendment 51 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Amendment 51 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by twofour additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that there is ano objection to the issue of the European services e-card to the applicant.
Amendment 53 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicarejected toby the hostme Member State in accordance with Article 11(2).
Amendment 54 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onefour weeks of having received an application for a European services e-card:
Amendment 54 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by twofour additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that the European services e-card shalls be issued to the applicanten rejected.
Amendment 55 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinating authority of the host Member State shall assess, within onetwo weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 56 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within onetwo weeks, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 57 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within onetwo weeks, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 58 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
(b) verify the completeness and accuracy of the information provided; legal establishment and minimum economic substance of the applicant in that Member State for the services activities in question, including the verification of the content and validity of accompanying documents, if any, that prove compliance with requirements of legal establishment and minimum economic substance to which the applicant is subject in the home Member State;
Amendment 58 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been issued by the host Member State in the terms communicarejected toby the host Member State in accordance with Article 11(2).
Amendment 59 #
2016/0402(COD)
Proposal for a directive
Article 16 – paragraph 3 – point vi a (new)
Article 16 – paragraph 3 – point vi a (new)
(via) does not respect the existing employer obligations or workers’ and trade unions’ rights.
Amendment 60 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point d
Article 11 – paragraph 1 – subparagraph 1 – point d
(d) verify the content and validity of accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject inmpleteness and accuracy of the other information provided, including documents provided to show compliance with requirements imposed on providers for commencement of provision of the services in question in the territory of the host Member State, except for the information reserved for assessment by the homest Member State;
Amendment 60 #
2016/0402(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor and assess the implementation and impacts of this Directive, in particular on workers’ rights and how it impacts freedom of establishment and freedom to provide services across Member States for the service activities covered, namely by reducing costs for providers, enhancing transparency about providers expanding cross-border and increasing competition, and how it impacts prices and quality of the services concerned, considering relevant indicators.
Amendment 61 #
2016/0402(COD)
Proposal for a directive
Annex I – Section F
Annex I – Section F
Amendment 62 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
An application for a European services e- card may be rejected by the coordinating authority of the home Member State due to failure to verify the application in accordance with points (b), (c) and (d) of the first subparagraph or due to inaction by the applicant to provide supplement of an incomplete application. Where the coordinating authority of the home Member State requests supplementing of the application from the applicant, the time-limit is suspended until that information is provided.
Amendment 64 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicate without delay the application to the coordinating authority of the host Member State, with information to the applicant. This communication shall constitute proof of establishment and minimum economic substance of the applicant in the territory of its home Member State, entitled, in the territory of the home Member State, to provide the service activities to which the application refers.
Amendment 65 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The decisions and actions by the coordinating authority ofDue to unforeseen circumstances, such as the hcome Member State, notified to the applicant through the electronic platform where the standard form for application is made available, or the absence of a decision or action within the time-limit shall be subject to appeal under national law of the home Member Stateplexity of the application, the coordinating authority may extend the time limit; the coordinating authority shall without delay notify the applicant of this extension.
Amendment 66 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twofour weeks from receiving the application the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 70 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The host Member State shall take due account in that assessment of the requirements that the applicant already meets in its home Member States. For the purpose of that assessment and within the above-mentioned time-limit, the coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limit referred to in this paragraph is suspended until the requested necessary clarification or necessary additional information is supplied. The procedure for requesting clarifications or additional information will be laid down by way of the delegated acts referenced in paragraph 4. An application for a European services e-card may be dismissed by the coordinating authority of the host Member State due to inaction by the applicant to provide clarifications or additional information which has been requested.
Amendment 71 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Taking into account the rights of Member States as referred to in Article 10, if the coordinating authority of the host Member State does not react within the time-limit referred to in paragraph 1, that time limit shall automatically be extended by twofour additional weeks and the electronic platform where the application for a European services e-card has been submitted shall issue an alert to the coordinating authority of the host Member State to the effect that failure to react shall imply that there is ano objection to the issue of the European services e-card to the applicant.
Amendment 75 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e-card shall be deemed to have been issued by the home Member State in the terms communicarejected toby the hostme Member State in accordance with Article 11(2).
Amendment 78 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1
Article 13 – paragraph 1 – subparagraph 1
In the context of a procedure for issuing a European services e-card for establishment in the form of a branch, agency or office, the coordinating authority of the host Member State shall, within four weeks from receiving the application, identify which, if any, prior authorisation scheme or prior notification scheme as referred to in Article 5(2) is applicable, in compliance with EU law, to such establishment. If such a prior authorisation scheme or prior notification scheme has been identified, the host Member State shall also identify the conditions which the applicant is required to comply with, including the minimum economic substance requirement as referred to in Article 3(13a), with the exception of those referred to in Article 5(5). The host Member State shall indicate why the application of such a prior authorisation scheme or prior notification scheme is necessary and proportionate for the pursuance of overriding reasons of public interest.
Amendment 81 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 83 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 1
Article 13 – paragraph 4 – subparagraph 1
The coordinating authority of the host Member State shall assess, within onetwo weeks upon receipt of proof of compliance with the conditions identified in accordance with paragraph 1, whether to issue the European services e-card or reject the application for the European services e- card.
Amendment 90 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 4 – subparagraph 4
Article 13 – paragraph 4 – subparagraph 4
Upon receipt of the observations of the applicant or, where no observations have been made, upon expiration of the time- limit to present those observations, the coordinating authority of the host Member State shall decide, within onetwo weeks, whether to issue the European services e- card or reject the application for the European services e-card.
Amendment 94 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 5 – subparagraph 1
Article 13 – paragraph 5 – subparagraph 1
The coordinating authority of the host Member State shall be allowed to request necessary clarifications or necessary additional information from the home Member State or the applicant which is not yet contained in the application. In that case, the time limits referred to in paragraphs 1 and 4 are suspended until the requested necessary clarification or necessary additional information is supplied. An application for a European services e-card may be dismissed by the coordinating authority of the host Member State due to inaction by the applicant to provide clarifications or additional information which has been requested.
Amendment 97 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
6. In case the host Member State, upon expiration of the periods for its reaction mentioned in paragraphs, 2 and 4, does not request compliance with any condition under paragraph 1 or does not take the decision to issue the European services e-card under paragraph 4, the European services e-card shall be deemed to have been issued by the host Member State in the terms communicarejected toby the host Member State in accordance with Article 11(2).
Amendment 116 #
2016/0402(COD)
Proposal for a directive
Annex I – paragraph 1 – part 1
Annex I – paragraph 1 – part 1
Amendment 88 #
2016/0382(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) On 12th December 2015, the EU agreed together with other nations on the Paris Agreement on climate action, which the EU successfully ratified on 4th October 2016 and which entered into force on 4th November 2016. The objectives of the global agreement commit the EU to further action to reduce greenhouse gas emissions and to reassess its contribution to the global commitment of limiting the increase of atmospheric temperature to well below 2 degrees Celsius while pursuing efforts to limit the increase to 1.5 degrees Celsius. The revision of this Directive must be in line with the EU's obligations as a party of the Paris Agreement.
Amendment 91 #
2016/0382(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) National binding targets have been straightforward measurable indicators against which progress can be measured to assess the effectiveness of the measures included in this Directive.
Amendment 92 #
2016/0382(COD)
Proposal for a directive
Recital 7
Recital 7
(7) It is thus appropriate to establish a Union binding target of at least 2740% share of renewable energy. Member States should define their contribution to the achievement of this target as part of their Integrated National Energy and Climate Plans through the governance process set out in Regulation [Governance], to be accompanied by national binding targets.
Amendment 117 #
2016/0382(COD)
Proposal for a directive
Recital 7
Recital 7
(7) It is thus appropriate to establish a Union binding target of at least 2740% share of renewable energy. Member States should define their contribution to the achievement of this target as part of their Integrated National Energy and Climate Plans through the governance process set out in Regulation [Governance], to be accompanied by national binding targets.
Amendment 120 #
2016/0382(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to support Member States' ambitious contributions to the Union in reaching their targets, a financial framework aiming to facilitate investments in renewable energy projects in those Member States should be established, also through the use of financial instruments.
Amendment 123 #
2016/0382(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The Commission should facilitate the exchange of best practices between the competent national or regional and local authorities or bodies, for instance through regular meetings to find a common approach to promote a higher uptake of cost-efficient renewable energy projects, encourage investments in new, flexible and clean technologies, and set out an adequate strategy to manage the retirement of technologies which do not contribute to the reduction of emissions or deliver sufficient flexibility, based on transparent criteria and reliable market price signals.
Amendment 132 #
2016/0382(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Electricity generation from renewable sources, including energy storage, should be deployed at the lowest possible cost for consumers and taxpayers. When designing support schemes and when allocating support, Member States should seek to minimise the overall system cost of deployment, taking full account of grid and system development needs, the resulting energy mix, and the long term potential of technologies.
Amendment 139 #
2016/0382(COD)
Proposal for a directive
Recital 17
Recital 17
(17) The opening of support schemes to cross-border participation limits negative impacts on the internal energy market and can, under certain conditions, help Member States achieve the Union target more cost- efficiently. Cross-border participation is also the natural corollary to the development of the Union renewables policy, with a Union-level binding target replacaccompanying national binding targets. It is therefore appropriate to require Member States to progressively and partially open support to projects located in other Member States, and define several ways in which such progressive opening may be implemented, ensuring compliance with the provisions of the Treaty on the Functioning of the European Union, including Articles 30, 34 and 110.
Amendment 140 #
2016/0382(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Member States should take additional measures in the event that the share of renewables at the Union level does not meet the Union trajectory towards the at least 2740% renewable energy target. As set out in Regulation [Governance], if an ambition gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Plans, the Commission may take measures at Union level in order to ensure the achievement of the target. If a delivery gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Progress Reports, Member States should apply the measures set out in Regulation [Governance], which are giving them enough flexibility to choose.
Amendment 155 #
2016/0382(COD)
Proposal for a directive
Recital 26
Recital 26
(26) To create opportunities for reducing the cost of meeting the Union targets laid down in this Directive and to give flexibility to Member States to comply with their obligation not to go below their 2020 national targets after 2020, it is appropriate both to facilitate the consumption in Member States of energy produced from renewable sources in other Member States, and to enable Member States to count energy from renewable sources consumed in other Member States towards their own renewable energy share. For this reason, cooperation mechanisms are required to complement the obligations to open up support to projects located in other Member States. Those mechanisms include statistical transfers, joint projects between Member States or joint support schemes.
Amendment 156 #
2016/0382(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Member States should be encouraged to pursue all appropriate forms of cooperation in relation to the objectives set out in this Directive. Such cooperation can take place at all levels, bilaterally or multilaterally. Apart from the mechanisms with effect on target renewable energy share calculation and target compliance, which are exclusively provided for in this Directive, namely statistical transfers between Member States, joint projects and joint support schemes, cooperation should also take place within the framework of macro-regional partnership as established by Regulation [Governance] and can also take the form of, for example, exchanges of information and best practices, as provided for, in particular, in the e-platform established by Regulation [Governance], and other voluntary coordination between all types of support schemes. The European Commission's Trans-European Networks for Energy (TEN-E) strategy should support the objectives of this Directive and set out additional incentives for cross-border cooperation as well as regional cooperation between Member States in the area of renewable energy.
Amendment 158 #
2016/0382(COD)
Proposal for a directive
Recital 28
Recital 28
(28) It should be possible for imported electricity, produced from renewable energy sources outside the Union to count towards Member States’ renewable energy sharestargets. In order to guarantee an adequate effect of energy from renewable sources replacing conventional energy in the Union as well as in third countries it is appropriate to ensure that such imports can be tracked and accounted for in a reliable way. Agreements with third countries concerning the organisation of such trade in electricity from renewable energy sources will be considered. If, by virtue of a decision taken under the Energy Community Treaty18 to that effect, the contracting parties to that Treaty are bound by the relevant provisions of this Directive, the measures of cooperation between Member States provided for in this Directive should be applicable to them. __________________ 18 OJ L 198, 20.7.2006, p. 18.
Amendment 166 #
2016/0382(COD)
Proposal for a directive
Recital 53
Recital 53
(53) With the growing importance of self-consumption of renewable electricity, there is a need for a definition of renewable self-consumers and a regulatory framework which would empower self-consumers to generate, store, consume and sell electricity without facing disproportionate burdens. Collective self-consumption should be allowed in certain cases so thatfor citizens living in apartments who for example can benefit from consumer empowerment to the same extent as households in single family homes.
Amendment 167 #
2016/0382(COD)
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53a) Since energy poverty affects around 11% of the population and around 50 million households of the Union, renewable energy policies have an essential role to play in addressing energy poverty and consumer vulnerability.
Amendment 168 #
2016/0382(COD)
Proposal for a directive
Recital 53 b (new)
Recital 53 b (new)
(53b) Member States should therefore actively support policies that focus especially on low-income households at risk of energy poverty or in social housing.
Amendment 282 #
2016/0382(COD)
Proposal for a directive
Recital 101
Recital 101
(101) Since the objectives of this Directive, namely to achieve at least 2740% share of energy from renewable sources in the Union's gross final consumption of energy by 2030, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 288 #
2016/0382(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive establishes a common framework for the promotion of energy from renewable sources. It sets a binding Unionminimum targets for the overall share of energy from renewable sources in gross final consumption of energy in 2030. It also lays down rules on financial support to electricity produced from renewable sources, self-consumption of renewable electricity, andThe Union target is to be collectively achieved by Member States through binding national targets. It also lays down rules on financial support to electricity produced from renewable sources and access to the electricity grid for energy from renewable sources, self-consumption of renewable electricity, renewable energy communities and their cross-border cooperation, renewable energy use in the heating and cooling and transport sectors, regional cooperation between Member States and with third countries, guarantees of origin, administrative procedures and information and training. It establishes sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels.
Amendment 296 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) ‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture, including vegetal and animal substances, forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of waste, including industrial and municipal waste of biological originmaterial of biological origin excluding peat and material embedded in geological formations and/or transformed to fossil;
Amendment 328 #
2016/0382(COD)
Proposal for a directive
Recital 101
Recital 101
(101) Since the objectives of this Directive, namely to achieve at least 2740% share of energy from renewable sources in the Union's gross final consumption of energy by 2030, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 364 #
2016/0382(COD)
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) ‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture, including vegetal and animal substances, forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of waste, including industrial and municipal waste of biological originmaterial of biological origin excluding peat and material embedded in geological formations and/or transformed to fossil ;
Amendment 381 #
2016/0382(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Union and national binding overall targets for 2030
Amendment 385 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 2740%.
Amendment 391 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 398 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 399 #
2016/0382(COD)
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Mandatory national overall targets Each Member State shall ensure that the share of energy from renewable sources, calculated in accordance with Articles 7 to 13, in gross final consumption of energy in 2030, is equal to at least its national overall target for the share of energy from renewable sources in that year, as set out in the third column of the table in part A of Annex I. Such mandatory national overall targets shall be consistent with a target of at least a 40 % share of energy from renewable sources in the Union’s gross final consumption of energy in 2030. In order to achieve the targets laid down in this Article more easily, each Member State shall promote and encourage energy efficiency and energy saving.
Amendment 403 #
2016/0382(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Subject to State aid rules, iIn order to reach the Union and national targets set in Article 3(1) or to achieve higher targets, Member States may apply support schemes. Support schemes for electricity from renewable sources shall be designed so as to avoid unnecessary distortions of electricity markets and ensure that producers take into account the supply and demand of electricity as well as possible grid constraints.
Amendment 455 #
2016/0382(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State’s gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, excluding low indirect land-use change- risk biofuels as defined in Article 2 (u) and pure or high-blend biofuels used in dedicated vehicles, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
Amendment 485 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union's gross final consumption of energy in 2030 is at least 2740%.
Amendment 486 #
2016/0382(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) deducted from the amount of energy from renewable sources that is taken into account in measuring the renewable energy sharecompliance with the national target of the Member State making the transfer for the purposes of this Directive; and
Amendment 487 #
2016/0382(COD)
Proposal for a directive
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) added to the amount of energy from renewable sources that is taken into account in measuring the renewable energy share ofcompliance with the national target of the Member State accepting the transfer for the purposes of this Directive .
Amendment 489 #
2016/0382(COD)
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) deducted from the amount of electricity or heating or cooling from renewable energy sources that is taken into account, in measuring the renewable energy sharecompliance with the national target of the Member State issuing the letter of notification under paragraph 1; and
Amendment 490 #
2016/0382(COD)
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Electricity from renewable energy sources produced in a third country shall be taken into account only for the purposes of measuring compliance with Member States' renewable energy sharetargets if the following conditions are met:
Amendment 494 #
2016/0382(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States' respective contributionbinding targets to this overall 2030 target shall be set and notified to the Commission as part of their Integrated National Energy and Climate Plans in accordance with Articles 3 to 5 and Articles 9 to 11 of Regulation [Governance].
Amendment 500 #
2016/0382(COD)
Proposal for a directive
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
5a. Member States shall ensure via their permit or concession granting processes that by 31 December 2020 all fuel stations along the roads of the core network established by Regulation (EU) No 1315/2013 ('TEN-T Core Network') are equipped with public accessible charging points for electric vehicles. The Commission is empowered to adopt delegated acts in accordance with Article 32 to extend the scope of this paragraph to fuels falling under Article 25.
Amendment 504 #
2016/0382(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Member States, with the participation of local and regional authorities, shall develop suitable information, awareness-raising, guidance or training programmes in order to inform citizens of the benefits and practicalities of developing and using energy from renewable sources, including by self- consumption or in the framework of renewable energy communities, as well as of the benefits of cooperation mechanisms between Member States and different kinds of cross-border cooperation.
Amendment 516 #
2016/0382(COD)
Proposal for a directive
Article 22 – paragraph 1 – subparagraph 2 – point a
Article 22 – paragraph 1 – subparagraph 2 – point a
(a) shareholders or members are natural persons, regional or local authorities, including municipalities, or SMEs operating in the fields or renewable energy;
Amendment 553 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
1. With effect from 1 January 2021, Member States shall requireensure that fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin, from waste- based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
Amendment 569 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1 a (new)
Article 25 – paragraph 1 – subparagraph 1 a (new)
Amendment 610 #
2016/0382(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 1
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 1
(b) for the calculation of the numerator, the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, waste based fossil fuels supplied to all transport sectors, and renewable electricity supplied to road vehicles, shall be taken into account.
Amendment 621 #
2016/0382(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shallmay open support for electricity generated from renewable sources to generators located in other Member States under the conditions laid down in this Article.
Amendment 630 #
2016/0382(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that support for at least 10% of the newly- supported capacity in each year between 2021 and 2025 and at least 15% of the newly-supported capacitmay opt to apply the provision above only to installations located in Member States to which they are directly lin each year between 2026 and 2030 is open to installations located in other Member Statesked by interconnectors or to Member States where such an opening is expected to lead to a more cost effective deployment of renewable electricity production.
Amendment 693 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
However, biofuels, bioliquids and biomass fuels produced from forest biomass from thinnings and biodiversity enhancing management activities, waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, need only fulfil the greenhouse gas emissions saving criteria set out in paragraph 7 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of this paragraph. This provision shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.
Amendment 715 #
2016/0382(COD)
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall ensure that investors have sufficient predictability of the planned support for energy from renewable sources. To this aim, Member States shall define and publish a long-term schedule in relation to expected allocation for support, covering at least the following threfive years and including for each scheme the indicative timing, the capacity, the budget expected to be allocated,main parameters as well as a consultation of stakeholders on the design of the support.
Amendment 724 #
2016/0382(COD)
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall ensurcourage that their competent authorities at national, regional and local level include provisions for the integration and deployment of renewable energy and the use of unavoidable waste heat or cold when planning, designing, building and renovating urban infrastructure, industrial or residential areas and energy infrastructure, including electricity, district heating and cooling, natural gas and alternative fuel networks.
Amendment 737 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of raw material does not involve drainage of previously undrained soil.
Amendment 752 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 5 – point a – point i
Article 26 – paragraph 5 – point a – point i
i) harvesting is carried out in accordance to the conditions of the harvesting permit or equivalent procedure within legally gazetted boundaries;
Amendment 758 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 5 – point a – point iii
Article 26 – paragraph 5 – point a – point iii
iii) areas of highdesignated, by law or the relevant competent national authority, for nature conservation valuepurposes, including wetlands and peatlands, are protected;
Amendment 774 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 5 – point a – point iv
Article 26 – paragraph 5 – point a – point iv
iv) the impacts ofduring forest harvesting on soil quality and biodiversity are minimised; and
Amendment 781 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 5 – point a – point v
Article 26 – paragraph 5 – point a – point v
v) harvesting does not exceed the long-term production capacity of the forests;
Amendment 791 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 5 – point b – introductory part
Article 26 – paragraph 5 – point b – introductory part
(b) when evidence referred to in the first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems or equivalent procedure are in place at forest holding level to ensure that:
Amendment 795 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 5 – point b – point i
Article 26 – paragraph 5 – point b – point i
i) the forest biomass has been harvested according to a legal permit or equivalent procedure within legally gazetted boundaries;
Amendment 805 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 5 – point b – point iii
Article 26 – paragraph 5 – point b – point iii
iii) areas of highdesignated, by law or the relevant competent national authority, for nature conservation valuepurposes, including peatlands and wetlands, are identified and protected;
Amendment 819 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 5 – point b – point iv
Article 26 – paragraph 5 – point b – point iv
iv) impacts ofduring forest harvesting on soil quality and biodiversity are minimised;
Amendment 826 #
2016/0382(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. For the purposes of proving to final customers the share or quantity of energy from renewable sources in an energy supplier’s energy mix and in the energy supplied to consumers under contracts marketed with reference to the consumption of energy from renewable sources , Member States shall ensure that the origin of energlectricity produced from renewable energy sources can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparent and non- discriminatory criteria.
Amendment 828 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 5 – point b – point v
Article 26 – paragraph 5 – point b – point v
v) harvesting does not exceed the long-term production capacity of the forests.
Amendment 831 #
2016/0382(COD)
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energlectricity from renewable sources. Member States may arrange for guarantees of origin to be issued for gas or heating and cooling from renewable sources as well as for electricity, gas or heating and cooling from non-renewable energy sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced.
Amendment 848 #
2016/0382(COD)
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 3
Article 19 – paragraph 2 – subparagraph 3
Member States shall ensurmay provide that no guarantees of origin are issued to a producer that receives financial support from a support scheme for the same production of energy from renewable sources. Member States shallmay issue such guarantees of origin and transfer them to the market by auctioning them. The revenues raised as a result of the auctioning shall be used to offset the costs of renewables support.
Amendment 852 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 4
Article 26 – paragraph 6 – subparagraph 4
Amendment 856 #
2016/0382(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. For the purpoAny uses of paragraph 1,a guarantees of origin shall be valid with respect to the calendar year in which the energy unit is produced. Six months after the end of each calendar year, Member States shall ensure that all guarantees of origin from the previous calendar year that have not been cancelled shall expire. Expired guarantees of origin shall be included by Member States in the calculationtake place within 12 months of production of the corresponding energy unit. A guarantee of origin shall be cancelled once it has been used. Member States shall set a date after the end of each calendar year after which any cancellation of guarantees of origin related to a production period from this previous calendar year should count for disclosure of the residunext cal energy mixdar year.
Amendment 858 #
2016/0382(COD)
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 862 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 7 – point a
Article 26 – paragraph 7 – point a
(a) at least 50 % for biofuels, biogas consumed in transport and bioliquids produced in installations in operation on or before 5 October 2015;
Amendment 865 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 7 – point b
Article 26 – paragraph 7 – point b
(b) at least 60 % for biofuels, biogas consumed in transport and bioliquids produced in installations starting operation from 5 October 2015;
Amendment 870 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 7 – point c
Article 26 – paragraph 7 – point c
(c) at least 70 % for biofuels, biogas consumed in transport and bioliquids produced in installations starting operation after 1 January 2021;
Amendment 870 #
2016/0382(COD)
Proposal for a directive
Article 19 – paragraph 8
Article 19 – paragraph 8
8. Where an electricity supplier is required to prove the share or quantity of energy from renewable sources in its energy mix for the purposes of Article 3 of Directive 2009/72/EC, it shallmay do so by using guarantees of origin. Where Member States have arranged to have guarantees of origin for other types of energy, suppliers shall always use for disclosure the same type of guarantees of origin as the energy supplied. Likewise, guarantees of origin created pursuant to Article 14(10) of Directive 2012/27/EC shallmay be used to substantiate any requirement to prove the quantity of electricity produced from high- efficiency cogeneration. Member States shall ensure that transmission losses are fully taken into account whenIn relation to paragraph 2, where electricity is generated from cogeneration using renewable sources only one guarantees of origin are used to demonstrate consumption of renewable energy or electricity from high efficiency cogenerationmay be issued specifying both characteristics.
Amendment 879 #
2016/0382(COD)
Proposal for a directive
Article 19 – paragraph 13
Article 19 – paragraph 13
13. Where energy suppliers market energy from renewable sources or high- efficiency cogeneration to customers with a reference to environmental or other benefits of energy from renewable sources or from high-efficiency cogeneration , Member States shallmay require those energy suppliers to use guarantees of origin to disclose the amount or share of energy from renewable sources or from high efficiency cogeneration
Amendment 905 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 9
Article 26 – paragraph 9
9. For the purposes referred to in points (a), (b) and (c) of paragraph 1, Member States shall not refuse to take into account, on other sustainability grounds, biofuels, biomass fuels and bioliquids obtained in compliance with this Article.
Amendment 911 #
2016/0382(COD)
Proposal for a directive
Article 26 – paragraph 10
Article 26 – paragraph 10
Amendment 926 #
2016/0382(COD)
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 1
Article 27 – paragraph 3 – subparagraph 1
3. Member States shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria set out in Article 26(2) to (7) and make available to the Member State, on request, the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. First or second party auditing may be used up to the first gathering point of the biomass. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the data.
Amendment 938 #
2016/0382(COD)
Proposal for a directive
Article 27 – paragraph 5 – subparagraph 1
Article 27 – paragraph 5 – subparagraph 1
5. The Commission shall adopt decisions under paragraph 4 only if the scheme in question meets adequate standards of reliability, transparency and independent auditing. In the case of schemes to measure greenhouse gas emission saving, such schemes shall also comply with the methodological requirements in Annex V or Annex VI. Lists of areas of high biodiversity valuedesignated, by law or by relevant competent national authority for nature conservation purposes, as referred to in Article 26(2)(b)(ii) shall meet adequate standards of objectivity and coherence with internationally recognised standards and provide for appropriate appeal procedures.
Amendment 941 #
2016/0382(COD)
Proposal for a directive
Article 27 – paragraph 5 – subparagraph 3
Article 27 – paragraph 5 – subparagraph 3
In order to ensure that compliance with the sustainability and greenhouse gas emissions saving criteria is verified in an efficient and harmonised manner and in particular to prevent fraud, the Commission may specify detailed implementing rules, including adequate standards of reliability, transparency and independent auditing and require all voluntary schemes to apply those standards. When specifying these standards, the Commission shall pay special attention to the need to minimize administrative burden, thus allowing first or second party auditing up to the first gathering point of the biomass. This shall be done by means of implementing acts adopted in accordance with the examination procedure referred to in Article 31 (3). Such acts shall set a time frame by which voluntary schemes need to implement the standards. The Commission may repeal decisions recognising voluntary schemes in the event that those schemes fail to implement such standards in the time frame provided for.
Amendment 961 #
2016/0382(COD)
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States may submit to the Commission reports including information on the typical greenhouse gas emissions from cultivation of agricultural and forestry raw materials of those areas on their territory classified as level 2 in the nomenclature of territorial units for statistics (NUTS) or as a more disaggregated NUTS level in accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council35 The reports shall be accompanied by a description of the method and data sources used to calculate the level of emissions. That method shall take into account soil characteristics, climate and expected raw material yields. __________________ 35 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
Amendment 962 #
2016/0382(COD)
Proposal for a directive
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission may decide, by means of an implementing act adopted in accordance with the examination procedure referred to in Article 31(2), that the reports referred to in paragraphs 2 and 3 of this Article contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of agriculture and forestry biomass feedstocks produced in the areas included in such reports for the purposes of Article 26(7). These data may therefore be used instead of the disaggregated default values for cultivation laid down in part D or E of Annex V for biofuels and bioliquids and in Part C of Annex VI for biomass fuels.
Amendment 1038 #
Amendment 1044 #
2016/0382(COD)
Proposal for a directive
Annex IX – Part A – point o
Annex IX – Part A – point o
(o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre- commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oil.
Amendment 1104 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that district heating and cooling suppliers provide information to end-consumcontractual partners on their energy performance and the share of renewable energy in their systems. Such information shall be in accordance with standards used under Directive 2010/31/EU.
Amendment 1114 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall lay down the necessary measures to allow customers of those district heating or cooling systems which are not 'efficient district heating and cooling' within the meaning of Article 2(41) of Directive 2012/27/EU to disconnect from the system in order to produce heating or cooling from renewable energy sources themselves, or to switch to another supplier of heat or cold which has access to the system referred to in paragraph 4.
Amendment 1129 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Member States shallmay lay down the necessary measures to ensure non- discriminatory access to district heating or cooling systems for heat or cold produced from renewable energy sources and for waste heat or cold. This non-discriminatory access shall enable direct supply of heating or cooling from such sources to customers connected to the district heating or cooling system by suppliers other than the operator of the district heating or cooling system.
Amendment 1134 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 5
Article 24 – paragraph 5
5. AnIn Member States with non- discriminatory access to district heating or cooling systems by suppliers other than the operator of the system the operator of a district heating or cooling system may refuse access to suppliers where the system lacks the necessary capacity due to other supplies of waste heat or cold, of heat or cold from renewable energy sources or of heat or cold produced by high-efficiency cogeneration. Member States shall ensure that where such a refusal takes place the operator of the district heating or cooling system provides relevant information to the competent authority according to paragraph 9 on measures that would be necessary to reinforce the system.
Amendment 1138 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 1146 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 7
Article 24 – paragraph 7
7. The right to disconnect or switch supplier may be exercised by individual customers, by joint undertakings formed by customers or by parties acting on the behalf of customers. For multi-apartment blocks, such disconnection may only be exercised at whole building level.
Amendment 1147 #
2016/0382(COD)
Proposal for a directive
Article 24 – paragraph 8
Article 24 – paragraph 8
8. Member States shallmay require electricity distribution system operators to assess at least biennially, in cooperation with the operators of district heating or cooling systems in their respective area, the potential of district heating or cooling systems to provide balancing and other system services, including demand response and storing of excess electricity produced from renewable sources and if the use of the identified potential would be more resource- and cost-efficient than alternative solutions.
Amendment 87 #
2016/0381(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The 2015 Paris Agreement on climate change (COP21) must be reflected in the Union’s efforts to decarbonise its buildings stock, taking into account that almost 50% of the Union’s final energy demand is used for heating and cooling, of which 80% is used in buildings. The Union’s energy and climate goals therefore need to be based 100% on renewable energy by 2050, which can be achieved only making full use of energy saving potential and the “energy efficiency first” principle.
Amendment 112 #
2016/0381(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The agendas of the Digital Single Market and the Energy Union should be aligned and serve common goals. The digitalisation of the energy system is quickly changing the energy landscape, from the integration of renewables to smart grids and smart-ready buildings. In order to digitise the building sector, targeted incentives should be provided to promote smart-ready systems and digital solutions in the built environment. Those targets should, however, take into account the less digitally engaged consumers who should not be left behind. In-building physical communications infrastructure is addressed in Directive 2014/61/EU of the European Parliament and of the Council. Targeted incentives should take into account the Union's connectivity targets, which are a prerequisite to the development of connected, smart homes. However, nearly zero emission buildings with good insulation may block indoor mobile connection and hamper the development of small cells and 5G networks unless the issue is considered during construction and renovation.
Amendment 116 #
2016/0381(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) It is crucial to bear in mind the extraordinary potential of the opportunities created by the development of ICT technologies, smart controls, big data and the internet of things when designing measures to improve energy efficiency.
Amendment 122 #
2016/0381(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to adapt this Directive to the technical progress, 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 to supplement it by defining the smartness indicator and enabling its implementation. The smartness indicator should be used to measure buildings’ capacity to use ICT and electronic systems to optimise operation and interact with the grid. TWhile the smartness indicator will raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and will give confidence to the occupant about the actual savings of these new enhanced- functionalities, consumers should always be in control of their data.
Amendment 147 #
2016/0381(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Notably for large installations, bBuilding automation and electronic monitoring of technical building systems have proven to be an effective replacement for inspections. The installation of such equipment should be considered as the most cost-effective alternative toolds great potential to provide cost-effective and significant energy savings for both consumers and businesses. In particular for large installations, building automation and electronic monitoring of technical building systems have proven to be effective and, because they support informed actions taken on energy savings, can replace inspections in large non- residential and, increasingly frequently, also in multifamily buildings of a sufficient size that allow a payback of less than three years. The current possibility to of opting for alternative measures is therefore deleted. However it should be possible to exempt technical systems explicitly covered by an energy service company (ESCO) programme from the inspection requirement. To avoid double inspections, installations that are operated by a utility or network operator and that are subject to inspections at the system level should be exempt from this requirement. For small -scale installations, the documentation of the system performance by installers and the registration of this information in the databases on energy performance certification will support the verification of compliance with the minimum requirements set for all technical building systems and reinforce energy performance certificates (EPC) role. In addition, existing regular safety inspections and programmed maintenance work will remain an opportunity to provide direct advice on energy efficiency improvements.
Amendment 211 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2010/31/EU
Article 2 – point 3
Article 2 – point 3
3. ‘technical building system’ means technical equipment for space heating, space cooling, ventilation, domestic hot water, built-in lightingindoor and outdoor lighting, elevators and escalators, building automation and control, solar shading, on- site electricity generation, on-site infrastructure for electro-mobility, or a combination of such systems, including those using energy from renewable sources, of a building or building unit;;
Amendment 260 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2 a – paragraph 2 – subparagraph 1
Article 2 a – paragraph 2 – subparagraph 1
‘2. In their long-term renovation strategy referred to in paragraph 1, Member States shall set out a roadmap with clear milestones and measureactions to deliver on the long-term 2050 goal to ensure a highly energy efficient and decarbonise theird national building stock, with specific milestones for 2030. and 2040, including indicators measuring progress of implementation towards these milestones. Member States shall specify how their milestones contribute to achieving the Union's binding energy efficiency target of 40% in 2030 and the Union's target to reduce greenhouse gas emissions by 80- 95% by 2050.
Amendment 292 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2 a – paragraph 3 – introductory part
Article 2 a – paragraph 3 – introductory part
3. To guide investment decisions as referred to in point (d) in paragraph 1, Member States shall introduce or sustain mechanisms for:
Amendment 304 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2010/31/EU
Article 2 a – paragraph 3 – point c a (new)
Article 2 a – paragraph 3 – point c a (new)
(ca) accessible and transparent advisory tools, such as one-stop-shops for consumers, for guidance on energy efficiency, replacement of fossil fuel boilers with renewable-based alternatives and available financial instruments for energy efficiency renovations in buildings."
Amendment 316 #
2016/0381(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 2010/31/EU
Article 2 a – paragraph 3 a (new)
Article 2 a – paragraph 3 a (new)
(ba) in Article 2a, the following paragraph is added: "3a. Member States shall, with effect from 1 January 2020, adopt long-term renovation strategies containing policies and measures resulting in the deep renovation of building stock. Those measures shall include trigger points for energy renovation, a minimum energy performance requirement for the renovation of commercial and public buildings, and financing mechanisms."
Amendment 318 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b b (new)
Article 1 – paragraph 1 – point 2 – point b b (new)
(bb) in Article 2a, the following paragraph is added: "3b. Each Member State shall carry out a public consultation on its draft long- term renovation strategy at least six months prior to submission of its long- term renovation strategy to the Commission. The result of the public consultation shall be published in summarised form as an annex to the strategy and made accessible online."
Amendment 324 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b c (new)
Article 1 – paragraph 1 – point 2 – point b c (new)
Directive 2010/31/EU
Article 2 a – paragraph 3 c (new)
Article 2 a – paragraph 3 c (new)
(bc) in Article 2a, the following paragraph is added: "3c. Each Member State shall report on the implementation of its long-term renovation strategy in accordance with Article 19(a) of Regulation xxx/xxx/EU of the European Parliament and of the Council [on the Governance of the Energy Union, 2016/0375 (COD)], as a part of their integrated national energy and climate progress report."
Amendment 326 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b d (new)
Article 1 – paragraph 1 – point 2 – point b d (new)
Directive 2010/31/EU
Article 2 a – paragraph 3 d (new)
Article 2 a – paragraph 3 d (new)
Amendment 332 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2010/31/EU
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
(3a) in Article 7, the following paragraph is inserted after the fourth paragraph: "Member States shall ensure that energy performance upgrades also contribute to achieving a healthy indoor environment and avoiding problems such as mould."
Amendment 334 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/31/EU
Article 7 – subparagraph 5
Article 7 – subparagraph 5
(4) in Article 7, the fifth subparagraph is deleted;replaced by the following: "Member States shall encourage, in relation to buildings undergoing major renovation, the consideration and taking into account of alternative, high- efficiency systems, in so far as this is technically, functionally and economically feasible."
Amendment 356 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
‘2. Member States shall ensure that in all new non-residential buildings and in all existing non-residential buildings undergoing major renovation with more than ten parking spaces, at least one of every ten is equipped with a recharging point within the meaning of Directive 2014/94/EU on the deployment of alternative fuels infrastructure17 , which is capable of starting and stopping charging in reaction to price signalelectrical or parking lot related renovation, every parking space inside or flanked to the building is equipped with pre-cabling to enable the installation of recharging points for electric vehicles. This requirement shall apply to all non- residential buildings, with more than ten parking spaces, as of 1 January 2025. __________________ 17 OJ L 307, 28.10.2014, p. 1 OJ L 307, 28.10.2014, p. 1
Amendment 384 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2010/31/EU
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that newly built residential buildings and thosthat are new or that are undergoing major renovations, with more than teregard to the electrical infrastructure of the building or the adjacent or built-in parking spaceslot, include the pre- cabling or ducting to enable the installation of recharging points for electric vehicles for every parking space.
Amendment 413 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/31/EU
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Member States shall set incentives to ensure that, when a technical building system is installed, replaced or upgraded, the overall energy performance of the complete altered system is improved, assessed, documented it and passed on to the building owner, so that it remains available for the verification of compliance with the minimum requirements set pursuant to paragraph 1 and the issue of energy performance certificates. Member States shall ensure that this information is included in the national energy performance certificate database referred to in Article 18(3) or in a similar certified database.
Amendment 452 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2010/31/EU
Article 10 – paragraph 6
Article 10 – paragraph 6
‘6. Member States shall link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savings achieved due to such renovation. These savings shall be determined by comparing energy performance certificates issued before and after renovation, where proportionate to the volume of the renovation, or by using standard values for calculation of energy savings in buildings or similar relevant, transparent methodology for documentation.’;
Amendment 470 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2010/31/EU
Article 10 – paragraph 6a
Article 10 – paragraph 6a
‘6a. When Member States put in place a database or use an existing database for registering EPCs it shall allow tracking the actual energy consumption of the buildings covered, regardless of their size and category. The database shall contain the actual energy consumption data of public buildings frequently visited by the public with useful floor area of over 250 m² which shall be regularly updated.
Amendment 498 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b – introductory part
Article 1 – paragraph 1 – point 7 – point b – introductory part
(b) paragraphs 2, 3, 4 and 53 are deleted and replaced by the following:
Amendment 541 #
2016/0381(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b – introductory part
Article 1 – paragraph 1 – point 8 – point b – introductory part
(b) paragraphs 2, 3, 4 and 53 are deleted and replaced by the following:
Amendment 604 #
2016/0381(COD)
Proposal for a directive
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
Directive 2010/31/EU
Annex I – point 2 – subparagraph 1
Annex I – point 2 – subparagraph 1
‘2. The energy needs for space heating, space cooling, domestic hot water and adequate, lighting and ventilation shall be calculated in order to ensure minimum healthmaximise health, indoor air quality and comfort levels defined by Member States at national or regional level.
Amendment 612 #
2016/0381(COD)
Proposal for a directive
Annex I – paragraph 1 – point 1 – point b
Annex I – paragraph 1 – point 1 – point b
Directive 2010/31/EU
Annex I – point 2 – subparagraph 3
Annex I – point 2 – subparagraph 3
Primary energy factors shall disas well as counting or discounting of renewable energy on site shall be defined by Member States. They may take into account the share of renewable energy in energy carriers soin thate calculations equally treatboth with regard to: (a) the energy from renewable source that is generated on-site (behind the individual meter, i.e. not accounted as supplied), and (b) the energy from renewable energy sources supplied through the energy carrier.’;
Amendment 90 #
2016/0376(COD)
Proposal for a directive
Recital 1
Recital 1
(1) Moderation of energy demand is one of the five dimensions of the Energy Union Strategy adopted on 25 February 2015. Improving energy efficiency will benefit the environment, reduce greenhouse gas emissions, improve energy security by reducing dependence on energy imports from outside the Union, cut energy costs for households and companies, benefit public health, help alleviate energy poverty and lead to increased jobs and economy-wide economic activity. This is in line with the Union commitments made in the framework of the Energy Union and global climate agenda established by the Paris Agreement of December 2015 by the Parties of the United Nation Framework Convention on Climate Change.
Amendment 110 #
2016/0376(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The European Council of October 2014 set a 27 % energy efficiency target for 2030, to be reviewed by 2020 'having in mind an Union level of 30 %'. In DecemberJune 20156, the European Parliament called upon the Commission to also assess the viability of apropose a binding 40 % energy efficiency target for the same timeframe. It is therefore appropriate to review and consequently amend the Directive to adapt it to the 2030 perspective.
Amendment 124 #
2016/0376(COD)
Proposal for a directive
Recital 4
Recital 4
(4) There are no binding targets at both national and Union level in the 2030 perspective. The need for the Union to achieve its energy efficiency targets at EU level, expressed in primary and final energy consumption, in 2020 and 2030 should be clearly set out in the form of a binding 340 % target. This clarification at Union level should not restrict (when compared to projections for 2030 based on PRIMES modelling using a 2007 baseline). Although Member States ashould retain their freedom is kept to setto set the level of their national contributiontargets based on either primary or final energy consumption, primary or final energy savings, or energy intensity. Member States, they should set their binding national indicative energy efficiency contributiontargets taking into account that the Union’s 2030 energy consumption has to be no more than 1 321129 Mtoe of primary energy and no more than 987825 Mtoe of final energy. This means that primary energy consumption should be reduced by 234 % and final energy consumption should be reduced by 317 % in the Union compared to 2005 levels. A regular evaluation of progress towards the achievement of the Union 2030 target is necessary and is provided for in the legislative proposal on Energy Union Governance.
Amendment 148 #
2016/0376(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In view of the climate and energy framework for 2030 and the Union's long- term decarbonisation goals in line with the Paris Agreement, the energy savings obligation should be extended beyond 2020. Extending the commitment period beyond 2020 would create greater stability for investors and thus encourage long term investments and long term energy efficiency measures, such as the renovation of buildings and moving towards 'nearly zero energy buildings'.
Amendment 191 #
2016/0376(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Improvements to the energy efficiency of buildings should benefit in particular vulnerable consumers affected byt risk of energy poverty. Member States can already require obligated parties to include social aims in energy saving measures, in relation to energy poverty, and this possibility should now be extended to alternative measures, strengthened to require a significant share to be implemented as a priority, and transformed into an obligation while leaving full flexibility to Member States with regard to the size, scope and content of such measures. In line with Article 9 of the Treaty, the Union's energy efficiency policies should be inclusive and therefore also ensure accessibility of energy efficiency measures for energy poor consumers.
Amendment 201 #
2016/0376(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) With around 50 million households in the Union being affected by energy poverty, energy efficiency measures must be central to any cost- effective strategy to address energy poverty and consumer vulnerability and are complementary to social security policies at the Member State level.
Amendment 204 #
2016/0376(COD)
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) The Union's building stock will need to become ‘nearly zero energy buildings’ by 2050, in line with the objectives of the Paris Agreement. Present building renovation rates are insufficient and those buildings occupied by low- income citizens at risk of energy poverty are the hardest to reach. Therefore, the measures laid down in Articles 7, 7a and 7b are of particular importance.
Amendment 222 #
2016/0376(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As part of the measures set out in the Commission's Communication New Deal for Energy Consumers, in the context of the Energy Union and the Heating and Cooling strategy, consumers' minimum rights to clear and timely information about their energy consumption need to be strengthened. Articles 9 to 11 and Annex VII of Directive 2012/27/EU should be amended to provide for frequent and enhanced feedback on energy consumption. It should also be clarified that rights relating to billing and billing information apply for consumers of heating, cooling or hot water supplied from a central source even where they have no direct, individual contractual relationship with an energy supplier. Therefore, for the purposes of these provisions, the term 'final user', should cover final customers purchasing heating, cooling or hot water for their own use as well as occupants of individual units of multi-apartment or multi-purpose buildings where such units are supplied from a central source. The term 'sub-metering' should refer to measuring consumption in individual units of such buildings. By 1 January 2020 newly installed heat meters and heat cost allocators should be remotely readable to ensure cost-effective, frequent provision of consumption information. The new Article 9a is intended to apply only to heating, cooling and hot water supplied from a central source.
Amendment 226 #
2016/0376(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The Member States should have discretion to decide how best to design the detailed measures providing frequent and enhanced feedback on energy consumption for occupants living in individual units of multi-apartment or multi-purpose buildings supplied with heating, cooling or hot water from a central source. The term 'sub-metering' should refer to measuring consumption in individual units of such buildings.
Amendment 240 #
2016/0376(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to be able to evaluate the effectiveness of Directive 2012/27/EU, a requirement for a general review of the Directive and a report to the European Parliament and the Council by 28 February 2024 should be introducedEnergy and climate law is complementary and should be mutually reinforcing. Thus, as part of the obligations under the Paris Agreement, within six months of the UNFCCC global stocktake in 2023 the Commission should undertake a general review of the Directive and a report to the European Parliament and the Council should be introduced assessing the general effectiveness of Directive 2012/27/EU and the need to adjust the Union's energy efficiency policy according to the objectives of the Paris Agreement. Such a review should be undertaken in subsequent global stocktakes thereafter.
Amendment 253 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2012/27/EU
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union’s 2020 20 % headline targets and its 2030 30 40 % binding headline targets on energy efficiency are met and paves the way for further energy efficiency improvements beyond those dates, in line with the EU's long-term decarbonisation goals and the UNFCC Paris Agreement of December 2015. It lays down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provides for the establishment of indicative national energy efficiency targets and contributions for 2020 andfor 2020 and binding national energy efficiency targets for 2030.;
Amendment 336 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
4. Each Member State shall set bindicativeng national energy efficiency contributions towardstargets which shall cumulatively be in line with the Union's 2030 target referred to in Article 1 paragraph 1 in accordance with Articles [4] and [6] of Regulation (EU) XX/20XX [Governance of the Energy Union]. When setting those contributione level of their targets, Member States shall take into account that the Union’s 2030 energy consumption has to be no more than 1 321129 Mtoe of primary energy and no more than 987825 Mtoe of final energy. Member States shall notify those contributiontargets to the Commission as part of their integrated national energy and climate plans in accordance with the procedure pursuant to Articles [3] and [7] to [11] of Regulation (EU) XX/20XX [Governance of the Energy Union].;
Amendment 345 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2012/27/EU
Article 5
Article 5
(2a) Article 5 shall be amended as follows: “Article 5 Exemplary role of public bodies' buildings 1. Without prejudice to Article 7 of Directive 2010/31/EU, each Member State shall ensure that, as from 1 January 2014, 3 % of the total floor area of heated and/or cooled buildings owned and occupied by its central governmentpublic authorities is renovated each year to meet at least the minimum energy performance requirements that it has set in application of Article 4 of Directive 2010/31/EU. The 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 2500 m 2 owned and occupied by the central government of the Member State concerned that, on 1 January of each year, do not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU. That threshold shall be lowered to 250 m 2 as of 9 July 2015. Where a Member State requires that the obligation to renovate each year 3 % of the total floor area extends to floor area owned and occupied by administrative departments at a level below central government, the 3 % rate shall be calculated on the total floor area of buildings with a total useful floor area over 500 m 2 and, as of 9 July 2015, over 250 m 2 owned and occupied by central government and by these administrative departmentpublic authorities of the Member State concerned that, on 1 January of each year, do not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU. When implementing measures for the comprehensive renovation of central governmentpublic authority buildings in accordance with the first subparagraph, Member States may choose to consider the building as a whole, including the building envelope, equipment, operation and maintenance. Member States shall require that central governmentpublic authority buildings with the poorest energy performance be a priority for energy efficiency measures, where cost- effective and technically feasible. 2. Member States may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings: (a) buildings officially protected as part of a designated environment, or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance; (b) buildings owned by the armed forces or central government and serving national defence purposes, apart from single living quarters or office buildings for the armed forces and other staff employed by national defence authorities; (c) buildings used as places of worship and for religious activities. 3. If a Member State renovates more than 3 % of the total floor area of central government buildings in a given year, it may count the excess towards the annual renovation rate of any of the three previous or following years. 4. Member States may count towards the annual renovation rate of central governmentpublic authority buildings new buildings occupied and owned as replacements for specific central governmentpublic authority buildings demolished in any of the two previous years, or buildings that have been sold, demolished or taken out of use in any of the two previous years due to more intensive use of other buildings. 5. For the purposes of paragraph 1, by 31 December 2013, Member States shall establish and make publicly available an inventory of heated and/or cooled central governmentpublic authority buildings with a total useful floor area over 500 m 2 and, as of 9 July 2015, over 250 m 2 , excluding buildings exempted on the basis of paragraph 2. The inventory shall contain the following data: (a) the floor area in m 2 ; and (b) the energy performance of each building or relevant energy data. 6. Without prejudice to Article 7 of Directive 2010/31/EU, Member States may opt for an alternative approach to paragraphs 1 to 5 of this Article, whereby they take other cost- effective measures, including deep renovations and measures for behavioural change of occupants, to achieve, by 2020, an amount of energy savings in eligible buildings owned and occupied by their central governmentpublic authorities that is at least equivalent to that required in paragraph 1, reported on an annual basis. For the purpose of the alternative approach, Member States may estimate the energy savings that paragraphs 1 to 4 would generate by using appropriate standard values for the energy consumption of reference central governmentpublic authorities buildings before and after renovation and according to estimates of the surface of their stock. The categories of reference central governmentpublic authority buildings shall be representative of the stock of such buildings. Member States opting for the alternative approach shall notify to the Commission, by 31 December 2013, the alternative measures that they plan to adopt, showing how they would achieve an equivalent improvement in the energy performance of the buildings within the central governmentpublic authorities estate. 7. Member States shall encourage public bodies, including at regional and local level, and social housing bodies governed by public law, with due regard for their respective competences and administrative set-up, to: (a) adopt an energy efficiency plan, freestanding or as part of a broader climate or environmental plan, containing specific energy saving and efficiency objectives and actions, with a view to following the exemplary role of central governmentpublic authority buildings laid down in paragraphs 1, 5 and 6; (b) put in place an energy management system, including energy audits, as part of the implementation of their plan; (c) use, where appropriate, energy service companies, and energy performance contracting to finance renovations and implement plans to maintain or improve energy efficiency in the long term.”
Amendment 416 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
Amendment 438 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) allow energy savings from renewable energy sources achieved in the energy transformation, distribution and transmission sectors, including efficient district heating and cooling infrastructure, as a result of implementing the requirements set out in Article 14(4), point (b) of Article 14(5) and Article 15(1) to (6) and (9), to be counted towards the amount of energy savings required under paragraph 1;
Amendment 440 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
Amendment 448 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 2 – point e
Article 7 – paragraph 2 – point e
(e) exclude from the calculation of the energy savings requirement referred to in paragraph 1 the verifiable amount of energy generated on or in buildings for own use as a result of policy measures promoting new installation of renewable energy technologies, so as to ensure improved energy performance of buildings in line with the guiding principle of achieving nearly zero energy buildings.
Amendment 466 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 3 – point a
Article 7 – paragraph 3 – point a
(a) for the calculation of the amount of energy savings required for the period referred to in point (a) of paragraph 1 Member States may make use of points (a), (b), (c), and (dc) of paragraph 2;
Amendment 470 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2012/27/EU
Article 7 – paragraph 3 – point b
Article 7 – paragraph 3 – point b
(b) for the calculation of the amount of energy savings required for the period referred to in point (b) of paragraph 1 Member States may make use of points (b), (c), (d) and (e) of paragraph 2, provided individual actions in the meaning of point (d) continue to have a verifiable and measurable impact after 31 December 2020.
Amendment 504 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7a – paragraph 5 – point a
Article 7a – paragraph 5 – point a
(a) shall include and make public requirements with a social aim in the saving obligations they impose, including by requiring a significant share of energy efficiency measures to be implemented as a priority in vulnerable households affected byt risk of energy poverty and in social housing;
Amendment 526 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2012/27/EU
Article 7b – paragraph 2
Article 7b – paragraph 2
2. In designing alternative policy measures to achieve energy savings, Member States shall take into account the effect on households affected by energy poverty and ensure a significant share of such measures are implemented as a priority in vulnerable households at risk of energy poverty and in social housing, and make this information public.
Amendment 547 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2012/27/EU
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall ensure that, in so far as it is technically possible, financially reasonablcost effective and proportionate in relation to the potential energy savings, final customers for natural gas are provided with competitively priced individual meters that accurately reflect the final customer's actual energy consumption and that provide information on actual time of use.;
Amendment 558 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 1 – subparagraph 2
Article 9a – paragraph 1 – subparagraph 2
Where heating and, cooling or hot water are supplied to a building from a central source servicing multiple buildings or from a district heating andor cooling network, a heat or hot water meter shall always be installed at the heat exchanger or point of delivery.
Amendment 561 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 2 – subparagraph 1
Article 9a – paragraph 2 – subparagraph 1
In multi-apartment and multi-purpose buildings with a central heating or cooling source or supplied from district heating and cooling systems, individual meters shall be installed to measure the consumption of heat or cooling or hot water for each building unit if technically feasible and cost-efficient, as well as proportionate in relation to the potential energy savings.
Amendment 569 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 2 – subparagraph 2
Article 9a – paragraph 2 – subparagraph 2
Where the use of individual meters is not technically feasible or where it is not cost- efficient or proportionate in relation to the potential energy savings to measure heating or cooling in each building unit, individual heat cost allocators shall be used to measure heat consumption at each radiator unless it is shown by the Member State in question that the installation of such heat cost allocators would not be cost efficient. In those cases, alternative cost- efficient methods of heat consumption measurement may be considered. The conditions of technical non-feasibility and, non-cost effectiveness and non- proportionality shall be clearly set out and published by each Member State.
Amendment 578 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 2 – subparagraph 3
Article 9a – paragraph 2 – subparagraph 3
In new buildings of the kind referred to in the first sub-paragraph or when such a building undergoes major renovation, as set out in Directive 2010/31/EU, individualhot-water meters shall always be provided if technically feasible, cost-effective and proportionate in relation to the potential energy savings and while ensuring that this does not increase the risk of energy poverty.
Amendment 585 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 3 – introductory part
Article 9a – paragraph 3 – introductory part
3. Where multi-apartment and multi- purpose buildings are supplied from district heating or cooling, or where own common heating or cooling systems for such buildings are prevalent, Member States shall introduce and make public transparent national rules on the allocation of the cost of heating, cooling and hot water consumption in such buildings to ensure transparency and accuracy of accounting for individual consumption including:
Amendment 586 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2012/27/EU
Article 9a – paragraph 4 – subparagraph 1
Article 9a – paragraph 4 – subparagraph 1
For the purposes of this Article, as of 1 January 2020 meters and cost allocators installed shall be remotely readable devices. The conditions regarding technical feasibility, cost-effectiveness and proportionality set out in the first and second subparagraphs of paragraph 2 shall continue to apply.
Amendment 630 #
2016/0376(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2012/27/EU
Article 24 – paragraph 12
Article 24 – paragraph 12
12. The Commission shall evaluate this Directive by 28 February 2024 at the latest, and every five years thereafter, and shall submit a report to the European Parliament and the Councilundertake a general review this Directive within six months of the UNFCCC global stocktake in 2023, and after subsequent global stocktakes thereafter, and shall submit a report to the European Parliament and the Council assessing the general effectiveness of this Directive and the need to adjust the Union's energy efficiency policy in accordance with the objectives of the Paris Agreement. That report shall be accompanied, if appropriate, by proposals for further measures.;
Amendment 209 #
2016/0375(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation sets out the necessary legislative foundation for a reliable and transparent Governance that ensures the achievement of the 2030 long- term objectives and targets of the Energy Union through complementary, coherent and ambitious efforts by the Union and its Member States, while promoting the Union's Better Regulation principlesa resilient Energy Union in line with the Paris Agreement.
Amendment 219 #
2016/0375(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) This regulation aims to support a just transition for citizens and regions which could be adversely impacted by the transition to a low-carbon economy.
Amendment 222 #
2016/0375(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The European Energy Union should ensure the shift to a highly energy efficient and highly renewables-based energy system cover five key dimensions: energy security; the internal energy market; energy efficiency; decarbonisation; and research, innovation and competitiveness.
Amendment 234 #
2016/0375(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The goal of a resilient Energy Union with an ambitious climate policy at its core is to give Union consumers, both households and businesses, secure, sustainable, competitive and affordable energy, which requires a fundamental transformation of Europe's energy system. That objective can only be achieved through coordinated action, combining both legislative and non-legislative acts at Union, local and national level as well as within the frame of macro-regional partnerships.
Amendment 244 #
2016/0375(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Commission's proposal was developed in parallel to and is adopted together with a series of initiatives in sectorial energy policy, notably with regard to renewable energy, energy efficiency and market design. Those initiatives form a package under the overarching theme of energy efficiency first, the Union’s global leadership in renewables, and a fair deal for energy consumers including by eradicating energy poverty.
Amendment 251 #
2016/0375(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The European Council agreed on 24 October 2014 on the 2030 Framework for Energy and Climate for the Union based on four key targets: at least 40% cut in economy wide greenhouse gas ("GHG") emissions, at least 27% improvement in energy efficiency with a view to a level of 30%, at least 27% for the share of renewable energy consumed in the Union, and at least 15% for electricity interconnection. It specified that the target for renewable energy is binding at Union level and that it will be fulfilled through Member States’ contributions guided by the need to deliver collectively the Union target. This Regulation must take into account the increased targets expressed in the sectorial legislations. The European Council specified on 24 October 2014 that the target for electricity interconnection should be at least 15%.
Amendment 278 #
2016/0375(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The European Council also concluded on 24 October 201414 that a reliable and transparent governance system, without any unnecessary administrative burden, should be developed to help ensure that the Union meets its energy policy goals, with the necessary flexibility for Member States and fully respecting their freedom to determine their energy mix. It emphasized that such governance system should build on existing building blocks, such as national climate programmes, national plans for renewable energy and energy efficiency as well as the need to streamline and bring together separate planning and reporting strands. It also agreed to step up the role and rights of consumers, transparency and predictability for investors, inter alia by systematic monitoring of key indicators for an affordable, safe, competitive, secure and sustainable energy system and to facilitate coordination of national energy policies and foster regional cooperation between Member States. and macro- regional partnerships between Member States. For the purposes of promoting regional cooperation between the Member States, national regulators should liaise with the Agency for the Cooperation of Energy Regulators. __________________ 14 Conclusions of the European Council 23 - 24 October 2014 (EUCO 169/14).
Amendment 288 #
2016/0375(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Commission's Energy Union Strategy of 25 February 2015 states the need for an integrated Governance to make sure that energy-related actions at Union, macro-regional, national and local level all contribute to the Energy Union's objectives, thereby broadening the scope of Governance – beyond the 2030 Framework for Climate and Energy – to all five key dimensions of the Energy Union.
Amendment 296 #
2016/0375(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Conclusions of the Council of 26 November 201516 recognised that the Governance of the Energy Union will be an essential tool for the efficient and effective construction of the Energy Union and the achievement of its objectives. They underlined that the governance system should be based on the principles of integration of strategic planning and reporting on the implementation of climate and energy policies and coordination between actors responsible for energy and climate policy, at Union, regional and national level. They also underlined that the Governance should ensure that the agreed energy and climate targets for 2030 are met; and that the Governance would monitor the Member States' and the Union’'s collective progress towards the achievement of theargets and policy objectives across the five dimensions of the Energy Union. __________________ 16 Conclusions of the Council of 26 November 2015 (14632/15).
Amendment 318 #
2016/0375(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The transition to a low-carbonhighly energy- efficient and highly renewables-based economy requires changes in investment behaviour and incentives across the entire policy spectrum. Achieving greenhouse gas emission reductions requires a boost to efficiency and innovation in the European economy and in particular should also lead to improvements of air quality.
Amendment 328 #
2016/0375(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In line with the Commission's strong commitment to Better Regulation, the Energy Union Governance should result in a significant reduction of administrative burden for the Member States, the Commission and other Union Institutions and it should help to ensure coherence and adequacy of policies and measures at Union and nationmacro-regional, national and local level with regard to the transformation of the energy system towards a low-carbonhighly energy-efficient and highly renewables-based economy.
Amendment 337 #
2016/0375(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The achievement of the Energy Union targets and objectives should be ensured through a combination of Union initiatives and coherent national policies set out in integrated national energy and climate plans. Sectorial Union legislation in the energy and climate fields sets out planning requirements, which have been useful tools to drive change at the national level. Their introduction at different moments in time has led to overlaps and insufficient consideration of synergies and interactions between policy areas. Current separate planning, reporting and monitoring in the climate and energy fields should therefore as far as possible be streamlined and integrated.
Amendment 340 #
2016/0375(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) An assessment of the overlapping impacts of the planned policies and measures to achieve decarbonisation is necessary, namely impacts on the supply- demand balance of the EU ETS.
Amendment 341 #
2016/0375(COD)
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
(17b) Member States shall ensure policy coherence between their national energy and climate plans and their long term low emission strategies with the UN 2030 Agenda for Sustainable Development.
Amendment 344 #
2016/0375(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The integrated national energy and climate plans should cover ten-year periods and provide an overview of the current energy system and policy situation. They should set out national targets and objectives for each of the five key dimensions of the Energy Union and corresponding policies and measures to meet those objectives and have an analytical basis. The national plans covering the first period from 2021 to 2030 should pay particular attention to the 2030set out the 2030 national binding targets for greenhouse gas emission reductions, renewable energy, energy efficiency and electricity interconnection. Member States should aim to ensure that the national plans are consistent with and contribute to achieving the Sustainable Development Goals.
Amendment 357 #
2016/0375(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The implementation of policies and measures in the areas of the energy and climate has an impact on the environment. Member States should therefore ensure that the public is given early and effective opportunities to participate in and to be consulted on the preparation of the integrated national energy and climate plans and long-term climate and energy strategies in accordance, where applicable, with the provisions of Directive 2001/42/EC of the European Parliament and of the Council24 and the United Nations Economic Commission for Europe ("UNECE") Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (the "Aarhus convention"). Member States should also ensure involvement of social partners in the preparation of the integrated national energy and climate plans. __________________ 24 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p.30).
Amendment 363 #
2016/0375(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Regional cooperation is key to ensure an effective achievement of the objectives of the Energy UnionThe Commission should facilitate the establishment of partnerships between Member States and identify the costs of non-acting together. Member States should also get the opportunity to comment on other Member States' plans before they are finalised to avoid inconsistencies and potential negative impacts on other Member States and ensure that common objectives are met collectively. Regional cooperation in elaborating and finalising national plans as well as in the subsequent implementation of national plans should be essential to improve effectiveness and efficiency of measures and foster market integration and energy security.
Amendment 410 #
2016/0375(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In view of the collective achievement of the objectives of the Energy Union Strategy, itt will be essential for the Commission to assess draft national plans as wiell be essential for the Commission to assessas the implementation of notified national plans and, basedby means onf progress reports, their implementation. For the first ten-year period, this concerns in particular the achievement of the Union-level in view of the achievement of the objectives of the Energy Union Strategy for the first period, in particular with regard to the binding Union-level and national binding 2030 targets for energy and climate and national contributions to those targets. Such assessment should be undertaken on a biennial basis, and on an annual basis only where necessary, and should be consolidated in the Commission's State of the Energy Union reports.
Amendment 433 #
2016/0375(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Should the ambition of integrated national energy and climate plans or their updates be insufficient for the collective achievement of the Energy Union objectives and, for the first period, in particular the 20302030 binding national targets for renewable energy and energy efficiency, the Commission should take measures at Union level in order to ensure the collective achievement of these objectives and targets (thereby closing any 'ambition gap'). Should progress made by the Union towards these objectives and targets be insufficient for their delivery, t. The Commission should, in addition to issuinge recommendations, take measures at Union level or Member States should takerequest additional measures in order to ensure achievement of these objectives and targets (thereby closing any 'delivery gap'). Such measures should take into account early ambitious contributions made by Member States to the 2030 targets for renewable energy and energy efficiency when sharing the effort for collective target achievement. In the area of renewable energy, such measures can also include financial contributions by Member States to a financing platform managed by the Commission, which would be used to contribute to renewable energy projects across the Union. Member States' national renewable energy targets for 2020 should serve as baseline shares of renewable energy from 2021 onwards. In the area of energy efficiency, additional measures can in particular aim at improving the energy efficiency of products, buildings and transport.
Amendment 468 #
2016/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) iImplement strategies and measures designed to meet the objectives and targets of the Energy Union, and for the first ten- year period from 2021 to 2030 in particular the EU's 2030 targets for energy and climatlong-term climate and energy strategies and measures to achieve by 2050 a highly energy efficient and highly renewables-based energy system, which fully reflects the Energy Efficiency First principle;
Amendment 480 #
2016/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point b a (new)
Article 1 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) structure new partnerships between Member States at macro-regional level to achieve the targets and objectives of the Energy Union in a cost-optimised manner and between Member States, their city regions and local authorities;
Amendment 482 #
2016/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point b b (new)
Article 1 – paragraph 1 – subparagraph 1 – point b b (new)
(bb) ensure predictability, transparency and effective public participation in climate and energy planning undertaken by Member States to build-up a broad societal consensus around climate change and the energy transition as well as to contribute to greater investor’s certainty;
Amendment 484 #
2016/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point b c (new)
Article 1 – paragraph 1 – subparagraph 1 – point b c (new)
(bc) support a just transition for citizens and regions which could be negatively impacted by the transition to a low-carbon economy;
Amendment 487 #
2016/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The governance mechanism shall be based on integrated national energy and climate plans covering ten-year periods starting from 2021 to 2030, corresponding integrated national energy and climate progress reports by the Member States and integrated monitoring arrangements by the European Commission. It shall define a structured, transparent, iterative process between the Commission and Member States ensuring full participation of citizens, social partners and local authorities in view of the finalisation of the national plans and their subsequent implementation, including with regard to regional cooperation, and corresponding Commission action.
Amendment 492 #
2016/0375(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 a (new)
Article 1 – paragraph 1 – subparagraph 2 a (new)
In conjunction with this Regulation, the Commission shall develop mechanisms to encourage coordination of energy and climate policies between relevant third countries and the EU, including, where appropriate, the sharing of long-term strategies and national energy and climate plans.
Amendment 503 #
2016/0375(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 9
Article 2 – paragraph 2 – point 9
Amendment 517 #
2016/0375(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 18 a (new)
Article 2 – paragraph 2 – point 18 a (new)
(18a) ‘macro-region’ means a grouping of two or more Member States engaged in a structured partnership covering at least one of the five dimensions of the Energy Union;
Amendment 518 #
2016/0375(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 18 b (new)
Article 2 – paragraph 2 – point 18 b (new)
(18b) ‘just transition’ means a comprehensive effort to support workers and communities which could be adversely impacted by the transition to a low-carbon economy;
Amendment 521 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. By 1 January 2019 and every tenfive years thereafter, each Member State shall notify to the Commission an integrated national energy and climate plan. The plans shall contain the elements set out in paragraph 2 and Annex I. The first plan shall cover the period from 2021 to 2030. The following plans shall cover the ten- year period immediately following the end of the period covered by the previous plans from 2026 to 2035, from 2031 to 2040, from 2036 to 2045 and from 2041 to 2050.
Amendment 537 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) an overview of the process followed for establishing the integrated national energy and climate plan consisting of: (i) an executive summary, a description of the consultation and involvement of stakeholders and their results, and of regional cooperation with other Member States in preparing the plan; (ii) an overview of current policy situation; (iii) a description of the consultation and involvement of local authorities, civil society, social partners, citizens and their results; (iv) a description of macro-regional partnerships established pursuant to Article 11 of this Regulation and of regional cooperation with other Member States in preparing the plan and in organising together a cost-optimised highly energy-efficiency and highly renewables-based energy system;
Amendment 542 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
Amendment 549 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) a description of the policies and measur, measures and investment strategies foreseen to meet the corresponding objectives, and targets and contributions set out under point (b)s set out under points (b) and (c), including a description of the way Energy Efficiency First principle is integrated into these policies and measures;
Amendment 557 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) a description of the current situation of the five dimensions of the Energy Union including with regard to the energy system and greenhouse gas emissions and removals as well as projections with regard to the objectives and targets referred to in point (b) and (c) with already existing (implemented and adopted) policies and measures;
Amendment 561 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(e) an assessment of the impacts of the planned policies and measur, measures and investment strategies to meet the targets and objectives referred to in point (b) and (c); a description of the planned policies and measures and their individual and aggregated environmental, health, macro- economic, skills and social impact on workers and communities;
Amendment 570 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e a (new)
Article 3 – paragraph 2 – point e a (new)
(ea) a list and a description of renewable energy projects of Energy Union interest elaborated pursuant to Article 11a of this Regulation;
Amendment 571 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point f a (new)
Article 3 – paragraph 2 – point f a (new)
(fa) Targets and objectives submitted by Member States shall only be at least equal to the ones set out in Article 4 and reflect an increased level of ambition as compared to the ones set in the latest integrated national energy and climate plan;
Amendment 582 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. When preparing the national plans referred to in paragraph 1, Member States shall take into account the interlinkages between the five dimensions of the Energy Union notably the Energy Efficiency First principle and they shall use consistent data and assumptions across the five dimensions where relevant.;
Amendment 591 #
2016/0375(COD)
Proposal for a regulation
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
Amendment 594 #
2016/0375(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Amendment 595 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Member States shall set out in their integrated national energy and climate plan the following main objectives, and targets and contributions, as specified in Section A.2. and A.3 of Annex I:
Amendment 599 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 1 – point iii
Article 4 – paragraph 1 – point a – point 1 – point iii
iii. where applicable, other national objectives and targets consistent with existingthe Paris Agreement and the long-term low emission strategies;
Amendment 609 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i
Article 4 – paragraph 1 – point a – point 2 – point i
i. with a view to achieving the Union's binding target of at least 2735% renewable energy in 2030 as referred to in Article 3 of [recast of Directive 2009/28/EC as proposed by COM(2016) 767], a contribution to this target in terms of the Member State's share of energy from renewable sources in gross final consumption of energy in 2030, with a linear trajectory for that contribution from 2021 onwards;
Amendment 627 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i a (new)
Article 4 – paragraph 1 – point a – point 2 – point i a (new)
ia. the Member State's binding national target of energy from renewable sources in gross final consumption of energy in 2030, with a binding linear trajectory to achieved the target from 2021 onwards starting from the share of energy from renewable sources in the year 2020 as set out in the third column of the table in part A of Annex I of Directive 2009/28/EC on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC, and pursuant to [Article 3] of [recast of Directive 2009/28/EC as proposed by COM(2016) 767];
Amendment 628 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i b (new)
Article 4 – paragraph 1 – point a – point 2 – point i b (new)
ib. the Member State's linear trajectories for the overall share of renewable energy in final energy consumption from 2030 onwards consistent with the long-term energy and climate strategies; as well as long-term strategy and trajectory for renewable energy produced and self-consumed by household consumers to facilitate consumers' small-scale renewable self- generation projects;
Amendment 629 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point i b (new)
Article 4 – paragraph 1 – point a – point 2 – point i b (new)
ib. the Member States interim targets based on a linear trajectory starting in 2022 and then every two years up to 2028, which is compatible with the Member State's binding national target of energy from renewable sources in gross final consumption of energy in 2030;
Amendment 631 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point ii
Article 4 – paragraph 1 – point a – point 2 – point ii
ii. the Member State's trajectories for the sectorial share of renewable energy in final energy consumption from 2021 to 2030 in the heating and cooling, electricity, and transport sectors;
Amendment 636 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a – point 2 – point ii a (new)
Article 4 – paragraph 1 – point a – point 2 – point ii a (new)
iia. the Member State's share of as well as trajectories and objectives for energy from renewable sources produced by cities, renewable energy communities and self-consumers in 2030 and renewable energy trajectories from 2021 to 2030 including expected total gross final energy consumption
Amendment 644 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1 – paragraph 1
Article 4 – paragraph 1 – point b – point 1 – paragraph 1
Amendment 648 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1 – paragraph 1
Article 4 – paragraph 1 – point b – point 1 – paragraph 1
Amendment 664 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 1 – paragraph 2
Article 4 – paragraph 1 – point b – point 1 – paragraph 2
Member States shall express their contributionenergy efficiency targets in terms of absolute level of primary energy consumption and final energy consumption in 2020 and 2030, with a binding linear trajectory for that contribution from 2021 onwards. They shall explain their underlying methodology and the conversion factors used;
Amendment 679 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b – point 4 a (new)
Article 4 – paragraph 1 – point b – point 4 a (new)
(4a) Share of energy efficiency measures (under Article 7a and 7b of the Energy Efficiency Directive) to be implemented as a priority in households affected by energy poverty and in social housing;
Amendment 697 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point 4
Article 4 – paragraph 1 – point c – point 4
(4) national objectives with regard to deployment of domestic renewable energy sources (notably renewable energy);, demand response and storage and the uptake of energy efficiency measures.
Amendment 711 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 2
Article 4 – paragraph 1 – point d – point 2
(2) key national objectives for electricity and gas transmission and distribution infrastructure that are necessary for the achievement of objectives and targets under any of the five dimensions of the Energy Union Strategy;
Amendment 716 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3 a (new)
Article 4 – paragraph 1 – point d – point 3 a (new)
(3a) indicators on flexibility from generation, demand-side, storage, and interconnection, measured in terms of flexible capacity available (MW) and volumes valorised in the different markets (MWh);
Amendment 718 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3 b (new)
Article 4 – paragraph 1 – point d – point 3 b (new)
(3b) national objectives related to the deployment of smart grids and storage, the growth of demand response and smart self-consumption; objectives related to the advancement of aggregation;
Amendment 719 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 3 c (new)
Article 4 – paragraph 1 – point d – point 3 c (new)
(3c) national objectives related to the non-discriminatory participation of renewable energy, demand response and storage, including via aggregation, in all energy markets;
Amendment 723 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point 4 a (new)
Article 4 – paragraph 1 – point d – point 4 a (new)
(4a) national objectives with regard to energy poverty and vulnerable consumers, including a timeframe for when the objectives should be met and a national action plan to achieve those objectives which could include providing benefits in social security systems to ensure the necessary energy supply to vulnerable customers or providing for support for energy efficiency improvements to address energy poverty where identified; for this purpose Member States shall : (a) define the concept of vulnerable customers and energy poverty based on the EU indicators of low income, high energy expenditure, and poor energy efficiency of houses; (b) continuously monitor the number of households in energy poverty and share those data in the European Energy Poverty Observatory (EPOV).
Amendment 738 #
2016/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e – point 2
Article 4 – paragraph 1 – point e – point 2
(2) national 2050 objectives for the deployment of low carbon technologies ensuring a highly efficiency and highly renewable-based system;
Amendment 750 #
2016/0375(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 770 #
2016/0375(COD)
Proposal for a regulation
Article 6
Article 6
Amendment 798 #
2016/0375(COD)
Proposal for a regulation
Article 7 – title
Article 7 – title
National policies and measur, measures and investments strategies for each of the five dimensions of the Energy Union
Amendment 802 #
2016/0375(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall describe, in accordance with Annex I, in their integrated national energy and climate plan, the main existing (implemented and adopted) and planned policies and measures to achieve in particular the objectives set out in the national plan, including measures to ensure regional cooperation and appropriate financing at national, local and regional level.
Amendment 804 #
2016/0375(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
The description of the main existing and planned policies and measures to achieve the objectives set out in the national plans shall be accompanied by an overview of the investments needed to achieve these objectives;
Amendment 810 #
2016/0375(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall describe, in accordance with the structure and format specified in Annex I, the current situation for each of the five dimensions of the Energy Union including of the energy system and greenhouse gas emissions and removals at the time of submission of the national plan or on the basis of the latest available information. As of 1st January 2019, the expected effect on the supply- demand balance of the ETS of planned policies or significant changes to existing policies shall be calculated as specified in Annex of this Regulation. Member States shall also set out and describe projections for each of the five dimensions of the Energy Union for the first ten-year period at least until 2040 (including for the year 2030) expected to result from existing (implemented and adopted) policies and measures.
Amendment 812 #
2016/0375(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Member States shall describe in their integrated national energy and climate plan their assessment, at national and where applicable macro-regional level, of:
Amendment 819 #
2016/0375(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the macroeconomic, health, environmental, skills and social impact on workers and communities of the planned policies and measures referred to in Article 7 and further specified in Annex I, for the first ten-year period at least until the year 2030 including a comparison with the projections based on existing (implemented and adopted) policies and measures referred to in paragraph 1;
Amendment 825 #
2016/0375(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) interactions between existing (implemented and adopted) and planned policies and measures within a policy dimension and between existing (implemented and adopted) and planned policies and measures of different dimensions for the first ten- year period at least until the year 2030.This shall also include a quantitative assessment of the extent to which each of the Member State's planned policies and measures affect the supply-demand balance of the ETS. Projections concerning security of supply, infrastructure and market integration shall be linked to robust energy efficiency scenarios.
Amendment 836 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. By 1 January 2018 and every tenfive years thereafter Member States shall prepare and submit to the Commission a draft of the integrated national energy and climate plan referred to in Article 3(1).
Amendment 847 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The Commission may issue recommendations on the draft plans to Member States in accordance with Article 28. Those recommendations shall in particular set outshall assess the draft plans and issue country-specific recommendations to Member States in accordance with Article 28 in order to:
Amendment 851 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the level of ambition of objectives, targets and contributions in view ofensure the collectively achievingement by Member States of the Energy Union objectives and notably the Union's 2030 targets for renewable energy and energy efficiencytargets of all dimensions of the Energy Union;
Amendment 853 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a a (new)
Article 9 – paragraph 2 – point a a (new)
(aa) ensure the achievement by Member States of national binding targets;
Amendment 854 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) improve existing and planned policies and, measures relating to Member States' and Union level objectives and other policies and measuresand investment strategies included in national energy and climate plans including those of potential cross-border relevance;
Amendment 856 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b a (new)
Article 9 – paragraph 2 – point b a (new)
(ba) suggest the adoption of additional policies and measures in national energy and climate plans;
Amendment 858 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) interactions between andensure consistency of existing (implemented and adopted) and planned policies and measures included in the integrated national energy and climate plan within one dimension and among different dimensions of the Energy Union.;
Amendment 863 #
2016/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(ca) ensure the consistency of the investment strategies and instruments with the Member State's policies and measures foreseen to meet the corresponding objectives and targets set out under Article 3.2 (b) and (c).
Amendment 885 #
2016/0375(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. In a spirit of partnership, Member States shall establish a permanent Energy Dialogue to support active engagement of local authorities, civil society, social partners, investors, any other relevant stakeholders and the general public in managing the energy transition, including energy poverty and promoting a just transition.
Amendment 888 #
2016/0375(COD)
Proposal for a regulation
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
1b. Member States shall submit to this Energy Dialogue different options and scenarios envisaged for their short, medium and long-term energy and climate policies, together with a cost- benefit analysis for each option
Amendment 889 #
2016/0375(COD)
Proposal for a regulation
Article 10 – paragraph 1 c (new)
Article 10 – paragraph 1 c (new)
1b. Member States shall include in the submission of their final integrated national energy and climate plan and of their progress reports to the Commission a summary of the public's views and the way they have been take into consideration;
Amendment 895 #
Amendment 903 #
2016/0375(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall cooperate with each other at macro-regional level to effectively meet the targets, and objectives and contributions set out in their integrated national energy and climate plan.
Amendment 912 #
2016/0375(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall, well before submitting their draft integrated national energy and climate plan to the Commission pursuant to Article 9(1), identify opportunities for macro-regional cooperationpartnerships and consult neighbouring Member States and the other Member States expressing an interest. Member States shall set out in their draft integrated national energy and climate plans the results of such regional consultation, including where applicable how comments have been taken into account.
Amendment 922 #
2016/0375(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. For the purposes specified in paragraph 1, Member States shall continue to cooperate at macro-regional level when implementing the policies and measures of their plans.
Amendment 925 #
2016/0375(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 931 #
2016/0375(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the targets, objectives and contributionrelated investment strategies are sufficient for the collective achievement of the Energy Union objectives and for the first ten-years period in particular the targets of the Union's 2030 Climate and Energy Framework;
Amendment 935 #
2016/0375(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
Article 12 – paragraph 1 – point a a (new)
(aa) the existing and foreseen policies, measures and related investment strategies are sufficient for the achievement of the national binding targets referred to in Article 4 of this Regulation;
Amendment 943 #
2016/0375(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Amendment 944 #
2016/0375(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 984 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. Member States shall prepare and report to the Commission by 1 January 202019 and every 10 years thereafter their long-term low emission strategies with a 50 years perspective as set out in Annex II (new), however, for the purposes of meeting the Paris Agreement goals, the first long-term low emission strategies shall have 2050 as a starting point, to contribute to:
Amendment 1024 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) links to other national long-term planning.objectives, planning and other policies and measures;
Amendment 1029 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point d a (new)
Article 14 – paragraph 2 – point d a (new)
(da) the investments, differentiated between public and private investments, required to effectively implement the long- term low emission strategies.
Amendment 1031 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The long-term low emission strategies and the integrated national energy and climate plans referred to in Article 3 shouldmust be consistent with each other.
Amendment 1039 #
2016/0375(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. The Commission shall support Member States in their preparation of long-term strategies by providing information on the state of the underlying scientific knowledge and technological development relevant to achieving the objectives referred to in Article 1. The Commission shall also provide opportunities for Member States and other stakeholders to provide additional information and discuss their perspectives and produce best practice and guidance for Member States to use during the development and implementation phase of their strategies.
Amendment 1052 #
2016/0375(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
(a) information on the progress accomplished towards reaching the targets, and objectives and contributions set out in the integrated national energy and climate plan, and towards implementing the policies and measures necessary to meet them;
Amendment 1053 #
2016/0375(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point a a (new)
Article 15 – paragraph 2 – point a a (new)
(aa) the information referred to and on the progress accomplished towards reaching the targets, objectives and commitments set out in the long-term energy and climate strategies in Article 14;
Amendment 1058 #
2016/0375(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point g a (new)
Article 15 – paragraph 2 – point g a (new)
(ga) progress towards financing measures and policies foreseen to meet the targets and objectives set out in the national energy and climate plan.
Amendment 1065 #
2016/0375(COD)
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. Member States shall make available to the public the reports submitted to the Commission pursuant to this Article.
Amendment 1109 #
2016/0375(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point a – point 1
Article 19 – paragraph 1 – point a – point 1
(1) the trajectory for primary and final energy consumption from 2020 to 2030 as the national energy savings contributionbinding targets to achieving the Union-level 2030 target including underlying methodology;
Amendment 1118 #
2016/0375(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 1
Article 19 – paragraph 1 – point b – point 1
(1) implemented, adopted and planned policies, measures and programmes to achieve the indicative national energy efficiency contributionnational binding targets for 2030 as well as other objectives presented in Article 6, including planned measures and instruments (also of financial nature) to promote the energy performance of buildings, measures to utilise energy efficiency potentials of gas and electricity infrastructure and other measures to promote energy efficiency;
Amendment 1122 #
2016/0375(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 4
Article 19 – paragraph 1 – point b – point 4
(4) long-term strategy for the renovation of the national stock of both public and private residential and commercial buildings, including policies and measures to stimulate cost-effective deep and staged deep renovation; as well as the planned renovation rate and the summarised results of the public consultation according to Article 2 (a) (3) of [EPBD recast];
Amendment 1125 #
2016/0375(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 4 a (new)
Article 19 – paragraph 1 – point b – point 4 a (new)
(4a) policy and measures specially targeting the worst performing segments of the national building stock, energy poor consumers, social housing and households subject to split-incentive dilemma according to Article 2 (a) of [EPBD recast];
Amendment 1127 #
2016/0375(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point b – point 5 a (new)
Article 19 – paragraph 1 – point b – point 5 a (new)
(5a) policies and measures to develop the economic potential of high efficient cogeneration and efficient heating and cooling systems in line with Article 14 of the EED;
Amendment 1147 #
2016/0375(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point b
Article 21 – paragraph 1 – point b
(b) key national objectives for electricity and gas distribution and transmission infrastructure that are necessary for the achievement of objectives and targets under any of the five key dimensions of the Energy Union;
Amendment 1165 #
2016/0375(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point e
Article 21 – paragraph 1 – point e
(e) national objectives with regards to energy poverty, inclu and vulnerable consumers and data shared in the European Poverty Observatory (EPOV) regarding the number of households in energy poverty;
Amendment 1201 #
2016/0375(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Member States shall use the online platform for the purposes of submitting to the Commission the reports referred to in this Chapter once the platform becomes operational. The final reports shall be made available to the public.
Amendment 1205 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. By 31 October 2021 and every second year thereafter, the Commission shall assess, in particular on the basis of the integrated national energy and climate progress reports, of other information reported under this Regulation of data from the European Environment Agency, of the indicators and of European statistics where available:
Amendment 1213 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
(b) the progress made by each Member State towards meeting its national binding targets, and objectives and contributions and implementing the policies and measures set out in its integrated national energy and climate plan;
Amendment 1222 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c a (new)
Article 25 – paragraph 1 – point c a (new)
(ca) the appropriateness of the investment strategies and instruments for the Member States’ policies and measures foreseen to meet the corresponding objectives and targets.
Amendment 1229 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. In the area of renewable energy, as part of its assessment referred to in paragraph 1, the Commission shall assess the progress made in the share of energy from renewable sources in the Union’s gross final consumption on the basis of a binding linear trajectory starting from 20% in 2020 and reaching at least 2735% in 2030 as referred to in Article 4(a)(2)(i).
Amendment 1242 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1
Article 25 – paragraph 3 – subparagraph 1
In the area of energy efficiency, as part of its assessment referred to in paragraph 1, the Commission shall assess progress towards collectively achieving a maximum energy consumption at Union level of 1 1321 Mtoe of primary energy consumption and 987846 Mtoe of final energy consumption in 2030 as referred to in Article 6(1)(a)4(b), on the basis of a linear trajectory, starting from 1483 Mtoe of primary energy consumption and 1086 Mtoe of final energy in 2020.
Amendment 1256 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2 – point a
Article 25 – paragraph 3 – subparagraph 2 – point a
(a) considerassess whether individual Member States are on track to meet their national binding target and whether the Union's milestonetarget of no more than 1483 Mtoe of primary energy and no more than 1086 Mtoe of final energy in 2020 is achieved;
Amendment 1263 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2 – point c a (new)
Article 25 – paragraph 3 – subparagraph 2 – point c a (new)
(ca) the accuracy of the Member State estimates of the effect of national level overlapping policies and measures on the supply-demand balance of the EU ETS, or, in absence of such estimates, conduct its own assessment of the same impact;
Amendment 1264 #
2016/0375(COD)
Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 2 – point c b (new)
Article 25 – paragraph 3 – subparagraph 2 – point c b (new)
(cb) the overall effect of Union level overlapping policies and measures on the supply-demand balance of the EU ETS.
Amendment 1293 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 1313 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. If, on the basis of its aggregate assessment of Member States' integrated national energy and climate progress reports pursuant to Article 25(1)(a), and supported by other information sources, as appropriate, the Commission concludes that the Union is at risk of not meeting the objectives of the Energy Union and, in particular, for the first ten-years period, the targets of the Union's 2030 Framework for Climate and Energy, it mayshall issue recommendations to all Member States pursuant to Article 28 to mitigate such risk. The Commission shall, as appropriate, take measures at Union level in addition to the recommendations in order to ensure, in particular, the achievement of the Union's 2030 targets for renewable energy and energy efficiency. With regard to renewable energy, such measures shall take into consideration ambitious early efforts by Member States to contribute to the Union's 2030 target.
Amendment 1326 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1 – introductory part
Article 27 – paragraph 4 – subparagraph 1 – introductory part
If, in the area of renewable energy, without prejudice to the measures at Union level set out in paragraph 3, the Commission concludes, based on its assessment pursuant to Article 25(1) and (2) in the year 2023, that the linear Union trajectory referred to in Article 25(2)and every two years thereafter, that a Member State is not making sufficient progress to comply with its not collectively met, Member States shall ensure by the year 2024ational binding target, the Member States concerned shall submit to the Commission by the year 2024 and every two years thereafter an action plan ensuring that any emerging gap is covered by additional measures, such as:
Amendment 1368 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 1 – point c
Article 27 – paragraph 4 – subparagraph 1 – point c
(c) making a financial contribution to athe financing platform set up at Union level pursuant to Article 11 a of this Regulation, contributing to renewable energy projects and managed directly or indirectly by the Commission;
Amendment 1380 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
Such measures shall take into account the level of ambition of early contributions to the Union's 2030 targetcompliance with their national binding target and trajectory for renewable energy by the Member State concerned.
Amendment 1398 #
2016/0375(COD)
Proposal for a regulation
Article 27 – paragraph 5 – introductory part
Article 27 – paragraph 5 – introductory part
5. If, in the area of energy efficiency, without prejudice to other measures at Union level pursuant to paragraph 3, the Commission concludes, based on its assessment pursuant to Article 25(1) and (3), in the year 2023 that progress towards collectively achieving the Union’s energy efficiency target mentioned national binding the first subparagraph of Article 25(3)argets is insufficient, it shall take measures by the year 2024 in addition to those set out in Directive 2010/31/EU [version as amended in accordance with proposal COM(2016) 765] and Directive 2012/27/EU [version as amended in accordance with proposal COM(2016) 761] to ensure that the Union's binding 2030 energy efficiency targets are met. Such additional measures may in particular improve the energy efficiency of:
Amendment 1449 #
2016/0375(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point k b (new)
Article 29 – paragraph 2 – point k b (new)
(kb) an overall assessment of the contribution of local authorities to the achievement of the targets and objectives of the Energy Union;
Amendment 1498 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 1 – point 1.3 – point iii
Annex I – part 1 – section A – paragraph 1 – point 1.3 – point iii
iii. Consultations with stakeholders, including social partners, and engagement of civil society and citizens
Amendment 1500 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 1 – point 1.4 – point -i (new)
Annex I – part 1 – section A – paragraph 1 – point 1.4 – point -i (new)
-i. Description of macro-regional partnerships
Amendment 1502 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2
Annex I – part 1 – section A – paragraph 2
2. NATIONAL OBJECTIVES AND TARGETTARGETS AND OBJECTIVES
Amendment 1504 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1
2.1.1. GHG emissions and removals (for the plan covering the period from 2021 to 2030, the 2030 Framework target of at least 40% domestic reduction in economy- wide greenhouse gas emissions as compared to 1990)1 __________________ 1. Consistency to be ensured with long-term low emission strategies pursuant to Article 14
Amendment 1506 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1 – point i a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1 – point i a (new)
ia. The Member State’s national 2030 target and trajectories from 2021 onwards for enhancing removals from sinks
Amendment 1508 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.1 – point ii
ii. If applicable, oOther national objectives and targets consistent with existingthe Paris Agreement and the long-term low emission strategies leading to net-zero greenhouse gas emissions within the Union by 2050 at the latest. If applicable, other objectives and targets, including sector targets and adaptation goals
Amendment 1511 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point i
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point i
i. The Member State's planned share ofbinding national target for energy from renewable sources in gross final consumption of energy in 2030 as its national contribution to achieve the binding EU-level target of at least 27% in 2030set out in Annex Ia (new)
Amendment 1512 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point ii
ii. A linear trajectory for the overall share of renewable energy in gross final energy consumption from 2021 to 2030; as well as long-term strategy and trajectory for renewable energy produced and self- consumed by household consumers to facilitate consumer's small-scale renewable self-generation projects;
Amendment 1513 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point ii a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point ii a (new)
iia. The Member State’s interim targets based on a linear trajectory starting in 2022 and then every two years up to 2028
Amendment 1516 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point iii a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point iii a (new)
iiia. The Member State's share of as well as trajectories and objectives for energy from renewable sources produced by cities, renewable energy communities and self-consumers in 2030 and renewable energy trajectories from 2021 to 2030 including expected total gross final energy consumption
Amendment 1518 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point vi a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.1 – point 2.1.2 – point vi a (new)
via. Other national objectives and targets consistent with the Paris Agreement and the long term emissions strategies
Amendment 1525 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point i
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point i
i. The indicative national energy efficiency contribution to achieving the Union's bindingMember State's binding national target for energy efficiency target of 30% in 2030 as referred to in Article 1(1) and, Article 3(4) of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)761], based on either primary or final energy consumption, primary or final energy savings, or energy intensity; and Annex XX (new), expressed in terms of absolute level of primary energy consumption and final energy consumption in 2020 and 2030, with a linear trajectory for that contribution from 2021 onwards; including the underlying methodology and the conversion factors used
Amendment 1527 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point ii
ii. Cumulative amount of energy savings to be achieved over the period 2021-2030 and following periods up to 2050 under Article 7 on energy saving obligations of Directive 2012/27/EU [version as amended in accordance with proposal COM(2016)761],
Amendment 1528 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point iii
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point iii
iii. Objectives for 2030 and 2040 for the long-term renovation of the national stock of residential and commercial buildings (both public and private), with the aim of providing for the decarbonisation of the building stock by 2050 and delivering affordability for tenants and owners of the buildings including policies and actions to target the worst performing segments of the national building stock.
Amendment 1533 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point iv a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.2 – point iv a (new)
iva. Share of energy efficiency measures (under Article 7a and 7b of the Energy Efficiency Directive) to be implemented as a priority in households affected by energy poverty and in social housing;
Amendment 1537 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.3 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.3 – point ii
ii. National objectives with regard to reducing energy import dependency from fossil fuels (oil, coal and gas), from third countries
Amendment 1539 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.3 – point iv
Annex I – part 1 – section A – paragraph 2 – point 2.3 – point iv
iv. National objectives with regard to deployment of domestic renewable energy sources (notably renewable energy), demand response and storage and the uptake of energy efficiency measures
Amendment 1548 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i a (new)
ia. Indicators on flexibility from generation, demand-side, storage, and interconnection, measured in terms of flexible capacity available (MW) and volumes valorised in the different markets (MWh)
Amendment 1550 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i b (new)
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i b (new)
ib. National objectives related to the deployment of smart grids and storage, the growth of demand response and smart self-consumption; objectives related to the advancement of aggregation
Amendment 1552 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i c (new)
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point i c (new)
ic. National objectives related to the non-discriminatory participation of renewable energy, demand response and storage, including via aggregation, in all energy markets
Amendment 1556 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point ii a (new)
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.3 – point ii a (new)
iia. National objectives with regard to ensuring consumer participation in the energy system and consumer outcome and benefits from new technologies, including smart meter. This shall include all residential, commercial and industrial consumers, and shall measure various indicators including self-generation and community projects, selling demand response in the markets, and access to smart meters, real-time price signals and user-friendly information to shift demand. These indicators shall be measured in terms of the number of consumers engaged, net revenue for consumers, the capacity of the consumer participation (MW) and the volumes shifted (MWh)
Amendment 1559 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.4
Annex I – part 1 – section A – paragraph 2 – point 2.4 – point 2.4.4
2.4.4. Energy poverty National objectives with regard to energy poverty and vulnerable consumers, including a timeframe for when the objectives shall be met ould be met and a national action plan to achieve those objectives which could include providing benefits in social security systems to ensure the necessary energy supply to vulnerable customers or providing for support for energy efficiency improvements to address energy poverty where identified; for this purpose Member States shall: i. define the concept of vulnerable customers and energy poverty based on the EU indicators of low income, high energy expenditure, and poor energy efficiency of the building stock ii. continuously monitor the number of households in energy poverty and share this data in the European Energy Poverty Observatory (EPOV)
Amendment 1562 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 2 – point 2.5 – point ii
Annex I – part 1 – section A – paragraph 2 – point 2.5 – point ii
ii. If appropriate, national objectives including long-term targets (2050) for the deployment of low-carbon technologies ensuring a highly energy efficient and highly renewable-based system, including for decarbonising energy - and carbon- intensive industrial sectors and, if applicable, for related carbon transport and storage infrastructure
Amendment 1563 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – title
Annex I – part 1 – section A – paragraph 3 – title
3. POLICIES AND MEASURES AND INVESTMENT STRATEGIES
Amendment 1565 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.1 – point i
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.1 – point i
i. Policies and measures to achieve the target set under Regulation [ ] [ESR] as referred to in 2.1.1 and policies and measures to comply with Regulation [ ] [LULUCF ], covering all key emitting sectors and sectors for the enhancement of removals, with an outlook to the long-term vision and goal to become a low-carbon economy with a 50 years perspectivenear-zero greenhouse gas emissions economy and achieving a balance between emissions and removals in accordance with the Paris Agreement
Amendment 1568 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.1 – point iii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.1 – point iii a (new)
iiia. Overview of the investments needed to achieve the target
Amendment 1570 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point i
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point i
i. Policies and measures to achieve the 2030 national contribution to the binding EU-level 2030binding target for renewable energy and trajectories as presented in 2.1.2 including sector - and technology-specific measures6 __________________ 6. When planning these measures, Member States shall take into account the end of life of existing installations and the potential for repowering.
Amendment 1574 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv
iv. Specific measures to introduce a one-stop-shop, streamline administrative procedures, provide information and training, and empower renewable self- consumers and energy communities. Expected impact in terms of triggered new renewable energy capacity
Amendment 1578 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv a (new)
iva. Specific measures to confer the right to and encourage all consumers to become renewable self-consumers, individually and collectively, producing, storing, self-consuming and selling their renewable energy, and expected impact in terms of triggered new renewable energy capacity
Amendment 1579 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point vi a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point vi a (new)
via. Overview of the investments needed to achieve the target
Amendment 1580 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv b (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.2 – point iv b (new)
ivb. Specific measures to facilitate the growth of the purchase of energy from renewable sources by corporate customers in accordance with article 15.9 of Recast RES Directive
Amendment 1585 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.3 – point iv a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.1 – point 3.1.3 – point iv a (new)
iva. National policies and measures foreseen to phase out fossil fuel and its related subsidies
Amendment 1588 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.2 – introductory part
Annex I – part 1 – section A – paragraph 3 – point 3.2 – introductory part
Planned policies, measures and programmes to achieve the indicative national energy efficiency target for 2030 as well as other objectives presented in 2.2, including planned measures and instruments (also of financial nature) to promote the energy performance of buildings, in particular as regards the following:
Amendment 1593 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point iii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point iii a (new)
iiia. Description of measures to promote energy savings in households affected by energy poverty, in social housing as well as for tenants
Amendment 1595 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point iv
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point iv
iv. Other planned policies, measures and programmes to achieve the indicative national energy efficiency target for 2030 as well as other objectives presented in 2.2 (for example measures to promote the exemplary role of public buildings and energy-efficient public procurement, measures to promote energy audits and energy management systems9, consumer information and training measures10, and other measures to promote energy efficiency)11 __________________ 9 In accordance with Article 8 of Directive 2012/27/EU. 10 In accordance with Articles 12 and 17 of Directive 2012/27/EU 11 In accordance with Article 19 of Directive 2012/27/EU.
Amendment 1597 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point vii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.2 – point vii a (new)
viia. Overview of the investments needed to achieve the target
Amendment 1609 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point ii
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point ii
ii. Measures to increase the flexibility of the energy system with regard to renewable energy production, including the roll-out of intraday market coupling and cross- border balancing markets, adjustment of product definitions, equal treatment for all market actors, and the removal of barriers to aggregation
Amendment 1611 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point ii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point ii a (new)
iia. Measures to ensure the non- discriminatory participation of renewable energy, demand response and storage, including via aggregation, in all energy markets
Amendment 1613 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iii
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iii
iii. Measures to ensure priority access and dispatch of electricity produced from renewable energy sources or high- efficiency cogeneration and prevent the curtailment or re-dispatch of this electricity18 __________________ 18In accordance with [recast of Directive 2009/72/EC as proposed by COM(2016) 864 and recast of Regulation (EC) No 714/2009 as proposed by COM(2016) 861]related to the adaptation of system operation rules and practices to enhance system flexibility; measures related to the use of dispatching rules which serve the achievement of the national renewable energy and greenhouse gas emissions reduction targets; measures related to the use of rules which minimise and compensate renewable energy re-dispatching and curtailment; measures to advance aggregation
Amendment 1615 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iii a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iii a (new)
iiia. Measures for the deployment of smart grids and storage, the growth of demand response and smart self- consumption
Amendment 1617 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iv a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.4 – point 3.4.3 – point iv a (new)
iva. Measures related to the adjustment of charges for access to and use of the network, to support the uptake of storage, self-generation, self-consumption, demand response, including through aggregation
Amendment 1625 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section A – paragraph 3 – point 3.5 a (new)
Annex I – part 1 – section A – paragraph 3 – point 3.5 a (new)
3.5a. Energy Efficiency First Principle Description of how the dimensions and the policies and measures are taking into account the Energy Efficiency First Principle
Amendment 1630 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 4 – point 4.4 – point i
Annex I – part 1 – section B – paragraph 4 – point 4.4 – point i
i. Current energy mix, domestic energy resources, including demand response, import dependency, including relevant risks
Amendment 1632 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 4 – point 4.4 – point ii
Annex I – part 1 – section B – paragraph 4 – point 4.4 – point ii
ii. Projections of development with existing policies and measures at least until 2040 (including for the year 2030) while fully taking into account the achievement of the 2020 and 2030 energy efficiency and renewable energy targets
Amendment 1636 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 4 – point 4.6 a (new)
Annex I – part 1 – section B – paragraph 4 – point 4.6 a (new)
4.6a. Energy Efficiency First Principle Description of how the dimensions and the policies and measures are taking into account the Energy Efficiency First Principle
Amendment 1638 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.1
Annex I – part 1 – section B – paragraph 5 – point 5.1
5.1. Impacts of planned policies and measur, measures and investment strategies described in section 3 on energy system and greenhouse gas emissions and removals including comparison to projections with existing policies and measures (as described in section 4).
Amendment 1640 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.1 – point ii
Annex I – part 1 – section B – paragraph 5 – point 5.1 – point ii
ii. Assessment of policy interactions (between existing and planned policies and measures within a policy dimension and between existing and planned policies and measures of different dimensions) at least until the last year of the period covered by the plan, in particular to establish a robust understanding of the impact of energy efficiency / energy savings policies on the sizing of the energy system and to reduce the risk of stranded investments in energy supply
Amendment 1647 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.1 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.1 (new)
5.2.1. Consumer, competitiveness and economic impacts i. Expected trends in long term consumer energy prices and/or energy costs ii. Energy poverty impacts and related policy measures iii. Trade impacts, industrial competitiveness iv. Relevant industrial strategies or restructuring plans v. Assessment of distributive impact of the costs and benefits of support schemes for renewables and of network costs
Amendment 1649 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.2 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.2 (new)
5.2.2. Social impacts and the ‘just transition’ i. Employment implications of strategy (sectors likely to grow or contract) ii. Development of alternative industries, regional development, state aid implications, educational and skills aspects (retraining etc.)
Amendment 1651 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.3 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.3 (new)
5.2.3. Health and wellbeing i. Implications for air quality and related health effects ii. Other health and wellbeing impacts (e.g. water, noise or other pollution, walking and cycling expansion, commuting or other transport changes etc.)
Amendment 1653 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.4 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.4 (new)
5.2.4. Environmental impacts i. Details of any strategic environmental assessment or environmental impact assessments related to the strategy or national plans ii. Water-related aspects e.g. water demand or extraction (taking account of potential future climate change), impacts on water or marine habitats of hydro or tidal power etc. iii. Environmental (and climate) impacts of any increased mobilisation of bioenergy use (crop-based biofuels, forest biomass etc.) and relationship to strategy for removals in the land use sector
Amendment 1655 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 – section B – paragraph 5 – point 5.2.5 (new)
Annex I – part 1 – section B – paragraph 5 – point 5.2.5 (new)
5.2.5. Any other environmental issues
Amendment 1658 #
2016/0375(COD)
Proposal for a regulation
Annex I – part 1 a (new)
Annex I – part 1 a (new)
Amendment 1662 #
2016/0375(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Annex Ia Opportunity-based macro-regional partnerships: 1. Baltic Energy Market Interconnection Plan (BEMIP): Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Sweden 2. Central and South-Eastern Europe Connectivity (CESEC): Austria, Bulgaria, Croatia, Czech Republic, Greece, Hungary, Poland, Romania, Slovakia, Slovenia 3. Central-West Regional Energy Market (CWREM): Belgium, France, Germany, Luxembourg, the Netherlands, Spain 4. Euro-Mediterranean partnership (Euromed): Croatia, Cyprus, France, Italy, Greece, Malta, Portugal, Slovenia, Spain 5. Northern Seas Belgium, Denmark, France, Germany, Ireland, Luxembourg, the Netherlands, Sweden, the United Kingdom
Amendment 10 #
2016/0374(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) Council Directive 2006/112/EC7 provides that Member States may apply reduced rates of value added tax (VAT) to publications on any means of physical support. However, a reduced VAT rate cannot be applied to electronically supplied publications, which have to be taxed at the standard VAT rate. That comparative disadvantage for electronically supplied publications vis-à-vis publications on any means of physical support could impede the development of the digital economy in the Union. _________________ 7 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).
Amendment 13 #
2016/0374(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) In line with the Commission's Digital Single Market Strategy8 and in order to keep abreast of technological progrto ensure its global competitiveness in a digitalised economy, Member States should be enabled to align the VAT rates for electronically supplied publications with lower VAT rates for publications on any means of physical support. _________________ 8 COM(2015) 0192 final COM(2015) 0192 final
Amendment 51 #
2016/0364(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The principle of equal pay for male and female workers for equal work or work of equal value is laid down in art 157 TFEU. This needs to be applied in a consistent way by credit institutions and investment firms. Therefore they should demonstrate a gender neutral remuneration policy.
Amendment 103 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2013/36/EU
Article 3 – point 64 a (new)
Article 3 – point 64 a (new)
(64a) Gender neutral remuneration policy in a credit institution or investment firm means a remuneration policy based on equal pay for women and men for equal work or work of equal value.
Amendment 171 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2013/36/EU
Article 74
Article 74
(11a) Article 74 is amended as follows: "1. Institutions shall have robust governance arrangements, which include a clear organisational structure with well- defined ,transparent and consistent lines of responsibility, effective processes to identify, manage, monitor and report the risks they are or might be exposed to, adequate internal control mechanisms, including sound administration and accounting procedures, and remuneration policies and practices that are consistent with and promote sound and effective risk management. Those remuneration policies and practices shall be gender neutral. .2. The arrangements, processes and mechanisms referred to in paragraph 1 shall be comprehensive and proportionate to the nature, scale and complexity of the risks inherent in the business model and the institution's activities. The technical criteria established in Articles 76 to95 shall be taken into account 3. EBA shall issue guidelines on the 3. arrangements ,processes and mechanisms referred to in paragraph 1, in accordance with paragraph 2. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0036&from=EN)One year after the adoption of this directive, EBA will issue guidelines on gender neutral remuneration policy for credit institutions and investment firms. Two years after the publication of these guidelines and based on the information collected by the national competent authorities, EBA will draft a report about the application of gender neutral remuneration policies by credit institutions and investment firms. " Or. en
Amendment 172 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2013/36/EU
Article 75 – paragraph 1
Article 75 – paragraph 1
1. Competent authorities shall collect the information disclosed in accordance with the criteria for disclosure established in points (g), (h), (i) and (k) of Article 450(1) of Regulation (EU) No 575/2013 and shall use its well as the information provided by credit institutions and investment firms on the gender pay gap and shall use this information to benchmark remuneration trends and practices. The competent authorities shall provide EBA with that information.
Amendment 208 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b a (new)
Article 1 – paragraph 1 – point 15 – point b a (new)
Directive 2013/36/EU
Article 92 – paragraph 2 – point a a (new)
Article 92 – paragraph 2 – point a a (new)
(ba) In paragraph 2, the following point (aa) is inserted: (aa) the remuneration policy is gender neutral: female and male workers will be equally remunerated for equal work or work of equal value.
Amendment 271 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Directive 2013/36/EU
Article 104 – paragraph 1 – introductory part
Article 104 – paragraph 1 – introductory part
1. For the purposes of Article 92(2)(b), Article 97, Article 98(4), Article 101(4) and Article 102 and the application of Regulation (EU) No 575/2013, competent authorities shall have at least the following powers:
Amendment 275 #
2016/0364(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 – point a
Article 1 – paragraph 1 – point 21 – point a
Directive 2013/36/EU
Article 104 – paragraph 1 – point g
Article 104 – paragraph 1 – point g
(g) to require institutions to limit variable remuneration as a percentage of net revenues where it is inconsistent with the maintenance of a sound capital base; and, to require credit institutions and investment firms to comply with the guidelines issued by EBA on gender neutral remuneration policies.
Amendment 193 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45 – paragraph 2 – subparagraph 1 a (new)
Article 45 – paragraph 2 – subparagraph 1 a (new)
The institutions and entities referred to in points (b), (c) and (d) of Article1(1) shall be allowed to meet part of the requirement referred to in paragraph 1 with debt, thereby allowing for higher systemic risk buffers.
Amendment 291 #
2016/0362(COD)
Proposal for a directive
Article 1 – paragraph 23
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45b – paragraph 3 – subparagraph 1 a (new)
Article 45b – paragraph 3 – subparagraph 1 a (new)
Where needed, the level of the requirement that is to be covered by instruments that meet the conditions set out in Article 72b of Regulation (EU) No 575/2013 may exceed the level that arises or would arise from the application of Article 92a(1) of that Regulation.
Amendment 57 #
2016/0338(CNS)
Proposal for a directive
Recital 4
Recital 4
(4) With a view to create a fairer tax environment so that taxes are paid where the profits are generated, rules on transparency need to be enhanced and anti- avoidance measures need to be strengthened. At the same time in the spirit of a fair taxation system, it is necessary to ensure that taxpayers are not taxed twice on the same income and that mechanisms on dispute resolution are comprehensive, effective and sustainable. Improvements to double taxation dispute resolution mechanisms are also necessarkey to respond to a risk of increased number of double or multiple taxation disputes with potentially high amounts being at stake due to more regular and focused audit practices established by tax administrations.
Amendment 85 #
2016/0338(CNS)
Proposal for a directive
Article 1 – paragraph 4
Article 1 – paragraph 4
This Directive shall not preclude the application of national legislation or provisions of international agreements where it is necessary to prevent tax evasion and avoidance, tax fraud or abuse.
Amendment 95 #
2016/0338(CNS)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The competent authorities shall acknowledge receipt of the complaint within one month from the receipt of the complaint. They shall also inform the competent authorities of the other Member States concerned on the receipt of the complaint within a reasonable period of time.
Amendment 231 #
2016/0288(COD)
Proposal for a directive
Recital 139
Recital 139
(139) In situations where undertakings are deprived of access to viable alternatives to non-replicable assets up to the first distribution point, national regulatory authorities should be empowered to impose access obligations to all operators, without prejudice to their respective market power. In this regard, national regulatory authorities should take into consideration all technical and economic barriers to future replication of networks. The mere fact that more than one such infrastructure already exists should not necessarily be interpreted as showing that its assets are replicable. The first distribution point should be identified by reference to objective criteria. Under special circumstances, national regulatory authorities should be able to impose access to active network components used for service provision on such infrastructure. Such circumstances may occur when access to passive elements would be economically inefficient or physically impracticable. National regulatory authorities should not impose obligations beyond the first concentration or distribution point when access is already provided at a technical level that allows the access seeker the same functionality and ability to control and tailor its services and costs in a similar way as if they would have enjoyed access through symmetrical regulation. In order to safeguard sustainable competitive outcomes for the end users, it must be ensured that the largest possible share of the value chain of any end user product is subject to competition.
Amendment 723 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 2 – point c
Article 59 – paragraph 1 – subparagraph 2 – point c
Amendment 729 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 1 – subparagraph 3
Article 59 – paragraph 1 – subparagraph 3
Amendment 742 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 1
Article 59 – paragraph 2 – subparagraph 1
National regulatory authorities shall impose obligations uponto meet reasonable request to grants for access to wiring and cables inside buildings or up to the firsta concentration or distribution point where that point ias clocated outside the buildingse as possible to end-users, on the owners of such wiring and cable or on undertakings that have the right to use such wiring and cables, where this is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable. The access conditions imposed may include specific rules on access, transparency and, non- discrimination and for apportioning the coststhe price of access, which, where appropriate, are adjusted to take into account risk factors.When imposing access regulation beyond the first concentration or distribution point, national regulatory authorities may under special circumstances impose active or virtual access to such wiring and cables.
Amendment 749 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 2
Article 59 – paragraph 2 – subparagraph 2
Amendment 763 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – introductory part
Article 59 – paragraph 2 – subparagraph 3 – introductory part
National regulatory authorities shall not impose obligations in accordance with the second subparagraphbeyond the first concentration or distribution point where:
Amendment 775 #
2016/0288(COD)
Proposal for a directive
Article 59 – paragraph 2 – subparagraph 3 – point a
Article 59 – paragraph 2 – subparagraph 3 – point a
(a) a viable and functionally similar alternative means of access to end-users is made available to any undertaking, provided that the access is offered on fair and reasonable terms and conditions to a very high capacity network by an undertaking meeting the criteria listed in Article 77 paragraphs (a) and (b); andor
Amendment 23 #
2016/0287(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high-speed broadband in the centres of public life. Such entities could include municipalities and other local public authorities, libraries and hospital, schools, hospitals and retirement homes.
Amendment 42 #
2016/0287(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high-speed broadband in the centres of public life. Such entities could include municipalities and other local public authorities, libraries and hospital, schools, hospitals and retirement homes.
Amendment 187 #
2016/0276(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to partly finance the contribution from the general budget of the Union to the EU guarantee fund for the additional investments to be made, a transfer should be made from the available envelope of the Connecting Europe Facility (CEF), provided for in Regulation (EU) No 1316/2013 of the European Parliament and of the Council4 . Moreover, EUR 1 145 797 000 of appropriations should be transferred from the CEF financial instruments to the grant part of the CEF with a viewin order to facilitating blending with the EFSI or to other relevant instruments, in particular those dedicated to energy efficiency. _________________ 4 Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010, OJ L 348, 12.2013, p. 129.
Amendment 313 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point - a (new)
Article 1 – paragraph 1 – point 4 – point - a (new)
Regulation (EU) No 2015/1017
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
(-a) in paragraph 5, the first subparagraph is replaced by the following: ‘The EFSI Agreement shall providescribe that the EFSI is to have a managing director, who is to be responsible for the day- to-day management of the EFSI and the preparation and chairing of meetings of the Investment Committee referred to in paragraph 6.’;
Amendment 342 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point -a (new)
Article 1 – paragraph 1 – point 5 – point -a (new)
Regulation (EU) No 2015/1017
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
Amendment 372 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) No 2015/1017
Article 9 – paragraph 2 – subparagraph 1 a
Article 9 – paragraph 2 – subparagraph 1 a
The EIB shall target that at least 40 % of EFSI financing under the infrastructure and innovation window supports projects with components that contribute tothat foster climate action, in line with the COP21 commitments. The Steering Board shall provide detailed guidance to that end.;
Amendment 32 #
2016/0231(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) On 10 June 2016 the Commission presented the proposal for the EU to ratify the Paris agreementThe Council ratified the Paris Agreement on 5 October 2016, following the approval of the European Parliament on 4 October 2016. The Paris agreement entered into force on 4 November 2016 and aims at keeping the increase of global temperature below 2 °C above pre- industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. This legislative proposal forms part of the implementation of the EU's commitment in the Paris agreement. The Union's commitment to economy-wide emission reductions was confirmed in the intended nationally determined contribution of the Union and its Member States that was submitted to the Secretariat of the UNFCCC on 6 March 2015.
Amendment 52 #
2016/0231(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) This Regulation should provide an incentive for emission reductions consistent with other Union climate and energy legislation. Taking into account that over 75% of the Union´s greenhouse gas emissions are related to energy, for sectors covered by this Regulation a particular significance is to be given to energy efficiency policies. Energy efficiency is key not only for reducing energy bills, decarbonising the economy, and ensuring energy security, but also for strengthening economic competitiveness, creating skilled jobs and tackling energy poverty. Furthermore, measures taken in the sectors covered by this Regulation, while helping Member States achieve their targets, pay for themselves over time. When translating this Regulation into national policies, Member States should properly invest on energy efficiency across sectors.
Amendment 69 #
2016/0231(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning. The review should take into account evolving national circumstances and be informed by the results of the global stocktake of the Paris Agreement. Where necessary, the review of this Regulation should be accompanied by legislative proposals in order to enhance the Union´s climate action, according to the evolutions emerging from the facilitative dialogue under the UNFCCC.
Amendment 74 #
2016/0231(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down obligations on the minimum contributions of Member States to meeting the greenhouse gas emission reduction commitment of the Union for the period from 2021 to 2030, rules on determining annual emission allocations and for the evaluation of Member States' progress towards meeting their minimum contributions, requiring Member States to reach the targets set in Annex I in order to collectively reduce greenhouse gas emissions covered in Article 2 by at least 30% in 2030 compared to 2005.
Amendment 78 #
2016/0231(COD)
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The general objective of this Regulation is to contribute to set the Union on a cost- effective path to reach the goals of the Paris Agreement, being consistent with the Union’s Energy Roadmap 2050.
Amendment 87 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 2020 on the value of the 2020 annual emission allocation according to Decision 2013/634/EU and subsequent amendments, or on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3, using whichever value is lower, and ending in 2030 on the limit set for that Member State in Annex I to this Regulation.
Amendment 96 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall adopt an implementing act delegated act in accordance with Article 12 to supplement this Regulation by setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of CO2 equivalent as specified in paragraphs 1 and 2. For the purposes of this implementingdelegated act, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by Member States pursuant to Article 7 of Regulation No (EU) 525/2013.
Amendment 104 #
2016/0231(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 144 #
2016/0231(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. In 2027 and 2032, if the reviewed greenhouse gas emissions of a Member State exceed its annual emission allocation for any specific year of the period, pursuant to paragraph 2 of this Article and the flexibilities used pursuant to Articles 5 to 7, the following measures shall apply:
Amendment 151 #
2016/0231(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall ensure the accurate accounting under this Regulation through the Union Registry established pursuant to Article 10 of Regulation (EU) No 525/2013, including. The Commission shall, for that purpose, adopt a delegated act in accordance with Article 12 to supplement this Regulation, concerning in particular annual emission allocations, flexibilities exercised under Article 4 to 7, compliance under Article 9 and changes in coverage under Article 10 of this Regulation. The Central Administrator shall conduct an automated check on each transaction under this Regulation and, where necessary, block transactions to ensure there are no irregularities. This information shall be accessible to the public.
Amendment 154 #
2016/0231(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(3), 7(2) and 11 of this Regulation shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.
Amendment 159 #
2016/0231(COD)
Proposal for a regulation
Article 13
Article 13
Amendment 160 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
Within six months of the facilitative dialogue under the UNFCCC in 2018, the Commission shall submit a report to the European Parliament and the Council assessing the consistency of the Union´s climate change legislation with the Paris Agreement goals. The report shall assess in particular the adequacy of the obligations laid down in this Regulation.
Amendment 161 #
2016/0231(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Commission shall report to the European Parliament and to the Council by 28 February 2024 and every five years thereafter on the operation of this Regulation, its contribution to the EU'’s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, and may make legislative proposals if appropriate.
Amendment 31 #
2016/0230(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Paris Agreement, inter alia, sets out a long-term goal in line with the objective to keep the global temperature increase well below 2°C above pre- industrial levels and to pursue efforts to keep it to 1.5°C above pre-industrial levels. In order to achieve this goal, tit is necessary that the Parties increase their collective efforts to mitigate climate change and limit global warming. The Union needs to continue to lead by example and increase its climate efforts to levels in line with the Paris Agreement's objective. The Parties should prepare, communicate and maintain successive nationally determined contributions. The Paris Agreement replaces the approach taken under the 1997 Kyoto Protocol which will not be continued beyond 2020. The Paris Agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century, and invites Parties to take action to conserve and enhance, as appropriate, sinks and reservoirs of greenhouse gases, including forests.
Amendment 41 #
2016/0230(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The LULUCF sector constitutes a valuable resource in the progressive efforts against global warming and can contribute to climate change mitigation in several ways, in particular by reducing emissions, facilitating the substitution of carbon-intense fossil materials with renewable low-carbon biomass from forests and maintaining and enhancing sinks and carbon stocks. In order for measures aiming in particular at increasing carbon sequestration to be effective, the long-term stability and adaptability of carbon pools is essential.
Amendment 48 #
2016/0230(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to determine accurate accounts of emissions and removals in accordance with the 2006 Intergovernmental Panel on Climate Change ('IPCC') Guidelines for National Greenhouse Gas Inventories ('IPCC Guidelines'), the annually reported values under Regulation (EU) No. 525/2013 for land use categories and the conversion between land use categories should be utilised, thereby streamlining the approaches used under the UNFCCC and the Kyoto Protocol. Land that is converted to another land use category should be considered in transition to that category for the default value of 20 years in the IPCC Guidelines. However, considering the diverging natural and ecological circumstances between Member States, not least due to varying geographical and climate conditions which have an impact on the actual lengths of the transition periods for carbon stock changes, derogations from this default value shall be granted as justified under the IPCC Guidelines.
Amendment 50 #
2016/0230(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Emissions and removals from forest land depend on a number of natural circumstances, age-class structure, as well as past and present management practices and these differences between Member States shall be respected. The use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation. The relevant accounting rules should instead provide for the use of reference levels to exclude the effects of natural and country- specific characteristics. In the absence of the international review under the UNFCCC and the Kyoto Protocol, a review procedure should be established to ensure transparency and improve the quality of accounting in this category.
Amendment 94 #
2016/0230(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By derogation from the requirement to apply the default value established in Article 5(3), a Member State may transition cropland, grassland, wetland, settlements and other land from the category of such land converted to forest land to the category of forest land remaining forest land after 3more than 20 years from the date of conversion, as justified by the derogations permitted under the IPCC Guidelines.
Amendment 114 #
2016/0230(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
The national forestry accounting plan shall contain all the elements listed in Annex IV, section B and include a proposed new forest reference level based on. Member States shall base that new forest reference level on one of the following options: (a) the continuation of current forest management practice and intensity, as documented between 1990-2009 per forest type and per age class in national forests, expressed in tonnes of CO2 equivalent per year. (b) the sustainable forest management practice and adopted national forest programmes or similar policies and programmes based on sustainable forest management, as documented up to 2017 for the period 2021 - 2025, and up to 2022 for the period 2026 - 2030 per forest type and per age class in national forests, expressed in tonnes of CO2 equivalent per year.
Amendment 125 #
2016/0230(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 2 a (new)
Article 8 – paragraph 3 – subparagraph 2 a (new)
Member States which choose to base their new forest reference level on the option provided in point (a) of the second subparagraph of Article 8(3) shall be entitled to use net removals from the accounting category 'managed forest land' to ensure compliance with their commitments under Regulation [] on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030, within the flexibilities provided therein.
Amendment 132 #
2016/0230(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The CommissionSelected experts comprising both Commission and Member States representatives shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs (3) and (4) as well as Article 5(1). To the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs (3) and (4) as well as Article 5(1), the Commission mayMember State concerned shall recalculate the proposed new or corrected forest reference levels.
Amendment 158 #
2016/0230(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission shall report to the European Parliament and to the Council by 28 Februarywithin six months of the facilitative dialogue under the UNFCCC in 202418 and every five years thereafter on the operatprovisions of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, and may make proposalshall propose necessary amendments if appropriate.
Amendment 43 #
2016/0185(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Therefore, the existing maximum wholesale roaming charges for voice calls, SMS and data services should be lowered substantially.
Amendment 70 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EU) No 531/2012
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, among others, of origination, transit and termination costs, shall not exceed a safeguard limit of EUR 0.041 per minute as of 15 June 2017 and shall, without prejudice to Article 19, remain at EUR 0.041 until 30 June 2022
Amendment 81 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 3
Article 1 – point 3
Regulation (EU) No 531/2012
Article 9 – paragraph 1
Article 9 – paragraph 1
1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of a regulated roaming SMS message originating on that visited network shall not exceed a safeguard limit of EUR 0.0105 per SMS message and shall, without prejudice to Article 19, remain at EUR 0.0105 until 30 June 2022.
Amendment 84 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 4
Article 1 – point 4
Regulation (EU) No 531/2012
Article 12 – paragraph 1
Article 12 – paragraph 1
1. With effect from 15 June 2017, the average wholesale charge that the visited network operator may levy on the roaming provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0.0085 per me2.5 per gigabyte of data transmitted. This safeguard limit shall, on 1 July 2018, decrease to EUR 2 per gigabyte of data transmitted, on 1 July 2019 to EUR 1.5 per gigabyte of data transmitted, and shallon 1 July 2020, to EUR 1 per gigabyte of data transmitted. It shall remain, without prejudice to Article 19, remain at EUR 0.00851 per megigabyte of data transmitted until 30 June 2022.
Amendment 106 #
2016/0185(COD)
Proposal for a regulation
Article 1 – point 6 – point a
Article 1 – point 6 – point a
In addition, the Commission shall submit a report to the European Parliament and the Council every two years after 15 June 2017no later than 15 June 2019 and every two years thereafter. The report shall be accompanied by a legislative proposal from the Commission for a revision of the wholesale charges for regulated roaming services laid down in this Regulation, taking into consideration, in particular, changes in data usage patterns by European consumers.
Amendment 23 #
2016/0182(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Both organisations provided added value both to the sum of activities of their national members and to Union consumers in a way that national consumer advocacy groups were unable to deliver. National organisations dealing with all kinds variety of consumers' issues often lack technical expertise in policy areas related to financial services. In addition, no other similar organisations have been identified at Union level so far. The evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012, which tends to show that no other organisation is currently able to carry out similar Union- wide activities.
Amendment 52 #
2016/0182(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In order to benefit from the Programme, these beneficiaries shall remain non-governmental, non-profit- making legal entities, independent of industry, commerce or business. They shall have no other conflicting interests and represent through their members the interests of Union consumers and other end-users in the field of financial services. With the objective to safeguard the interests of consumers and end-users in all Member States, the beneficiaries shall seek to expand their network of active members within the Member States, and thus strive to ensuring comprehensive geographical coverage. The Commission shall ensure continued compliance with these criteria for the duration of the Programme by including them in the annual work programmes referred to in Article 7 and by assessing annually whether the beneficiaries meet these criteria before awarding the action grants referred to in Article 4.
Amendment 61 #
2016/0182(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. No later than twelveeighteen months before the end of the Programme, the Commission shall submit to the European Parliament and the Council an evaluation report on the achievement of the Programme's objectives. Thate report shall appraise the overall relevance and added value of the Programme, the effectiveness and efficiency of its execution and the overall and individual effectiveness of the beneficiaries' performance in terms of achievements of the objectives set out in Article 2.
Amendment 129 #
2016/0151(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure coherence and give certainty to businesses and Member States' authorities, the notion of "incitement to hatred" should, to the appropriate extent and where applicable to Member States, be aligned to the definition in the Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law which defines hate speech as "publicly inciting to violence or hatred". This should include aligning the grounds on which incitement to violence or hatred is based.
Amendment 134 #
2016/0151(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to empower viewers, including parents and minors, in making informed decisions about the content to be watched, it is necessary that audiovisual media service providers provide sufficient information about content that may impair minors' physical, mental or moral development. This could be done, for instance, through a system of content descriptors indicating the nature of the content. Content descriptors could be delivered through written, graphical or acoustic means. The different means of content descriptors should be clear enough to stipulate whether the specific content may be of harm to minors.
Amendment 148 #
2016/0151(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Certain widely recognised nutritional guidelines exist at national and international level, such as the WHO Regional Office for Europe's nutrient profile model, in order to differentiate foods on the basis of their nutritional composition in the context of foods television advertising to children. Member States should be encouraged to ensure that self-and co-regulatory codes of conduct are used to effectively reduceffectively ensure that the exposure of children and minors to audiovisual commercial communications regarding foods and beverages that are high in salt, sugars or fat or that otherwise do not fit these national or international nutritional guidelines is reduced. Self-regulation and co- regulation should contribute to this objective.
Amendment 152 #
2016/0151(COD)
Proposal for a directive
Recital 11
Recital 11
(11) Similarly, Member States should be encouraged to ensure that self-regulation and co- regulatory codes of conduction are used to effectively limitend the exposure of children and minors to audiovisual commercial communications for alcoholic beverageproducts. Certain co- regulatory or self-regulatory systems exist at Union and national level in order to market responsibly alcoholic beverages, including in audiovisual commercial communications. Those systems should be further encouraged and Member States should be allowed to take further steps in drafting national guidelines, in particular those aiming at ensuring that responsible drinking messages accompany audiovisual commercial communications for alcoholic beverageproducts.
Amendment 156 #
2016/0151(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Given the potential harm caused by alcohol on all individuals and on society as a whole, Member States should be encouraged to limit the exposure of products containing alcohol. The rules applicable to tobacco products, which prohibit the advertisement of such products due to their harmful effects, the same rules should be applied to alcoholic products.
Amendment 181 #
2016/0151(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Sponsorship represents an important means of financing audiovisual media services or programmes while promoting a legal or physical person's name, trade mark, image, activities or products. As such, for sponsorship to constitute a valuable form of advertising technique for advertisers and audiovisual media service providers, sponsorship announcements can contain promotional references to the goods or services of the sponsor, while not being allowed to directly encouraginge the purchase of the goods and services. Sponsorship announcements should continue to clearly inform the viewers of the existence of a sponsorship agreement. The content of sponsored programmes should not be influenced in such a way as to affect the audiovisual media service provider's editorial independence.
Amendment 218 #
2016/0151(COD)
Proposal for a directive
Recital 19
Recital 19
(19) While this Directive does not increase the overall amount of admissible advertising time during the period from 7:00 to 23:00, it is important for broadcasters to have more flexibility and to be able to decide, where practical and applicable, when to place advertising in order to maximise advertisers' demand and viewers' flow. The hourly limit should thus be abolished while a daily limit of 20% of advertising within the period from 7:00 to 23:00 should be introduced.
Amendment 222 #
2016/0151(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to increase the flexibility for broadcasters while maintaining a high level of protection for consumers and viewers, specific time slots could be established where the permitted advertising is liberalised. By establishing certain time slots the consumer will be aware of the relevant rules regarding permitted advertising time and be able to make solid decisions. Having specific time slots in which the existing rules of 12 minutes per hour is not fixed the broadcasters are given more flexibility and could therefore adjust their advertising slots more freely.
Amendment 231 #
2016/0151(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Providers of on-demand audiovisual media services should promote the production and distribution of European works, if such measures do not affect the services provided to the consumer, by ensuring that their catalogues contain a minimum share of European works and that those are given enough prominencewithout affecting the principle of media pluralism.
Amendment 236 #
2016/0151(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Providers of on-demand audiovisual media services should be encouraged to promote the production and distribution of European works if their catalogues contain a share of European works and the viewing experience of the consumer is not affected by this.
Amendment 261 #
2016/0151(COD)
Proposal for a directive
Recital 26
Recital 26
(26) There are new challenges, in particular in connection with video-sharing platforms, on which users - particularly minors - increasingly consume audiovisual content. In this context, harmful content and hate speech stored on video-sharing platforms have increasingly given rise to concern. It is necessary, in order to protect minors from harmful content and all citizens from content containing incitement to violence or hatred, to set out proportionate rules on those matters in accordance with Union and national law.
Amendment 276 #
2016/0151(COD)
Proposal for a directive
Recital 28
Recital 28
(28) An important share of the content stored on video-sharing platforms is not under the editorial responsibility of the video-sharing platform provider. However, those providers typically determine the organisation of the content, namely programmes or user-generated videos, including by automatic means or algorithms. Therefore, those providers should be required to take appropriate measures to protect minors from content that may impair their physical, mental or moral development and protect all citizens from incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion, belief or disability, descent or national or ethnic origin.
Amendment 328 #
2016/0151(COD)
Proposal for a directive
Recital 38
Recital 38
(38) This Directive is without prejudice to the ability of Member States to impose obligations to ensure discoverability and accessibilityaccess to and appropriate prominence of content of general interest under defined general interest objectives such as media pluralism, freedom of speech and cultural diversity. Such obligations should only be imposed where they are necessary to meet general interest objectives clearly defined by Member States in conformity with Union law. In this respect, Member States should in particular examine the need for regulatory intervention against the results of the outcome of market forces. Where Member States decide to impose discoverability rules, they should only impose proportionate obligations on undertakings, in the interest of legitimate public policy considerations. Such obligations should be proportionate and meet general interest objectives such as media pluralism, freedom of speech and cultural diversity clearly defined by Member States in conformity with Union law.
Amendment 434 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2010/13/EU
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) if a media service provider has its head office in one Member State but editorial decisions on the audiovisual media service are taken in another Member State, it shall be deemed to be established in the Member State where the majority of the workforce involved in the pursuit of the audiovisual media service activity operates;; a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in each of those Member States, the media service provider shall be deemed to be established in the Member State where it has its head office. If a significant part of the workforce involved in the pursuit of the audiovisual media service activity operates in neither of those Member States, the media service provider shall be deemed to be established in the Member State where it first began its activity in accordance with the law of that Member State, provided that it maintains a stable and effective link with the economy of that Member State;
Amendment 477 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
Amendment 498 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Where the Member State concerned does not provide the information requested within the period fixed by the Commission or where it provides incomplete information, the Commission shall take a decision that the measures taken by the Member State in accordance with paragraph 2 are incompatible with Union law. If the Commission decides that the measures are incompatible with Union law, the Member State shall put an end to the measures in question as a matter of urgency and no longer than within two weeks.
Amendment 502 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Member States may, if the service provided by a media service provider gravely infringes upon the conditions laid down by point (a), (b) and (c) in paragraph 2 in urgent cases, derogate from the conditions laid down in points (b) and (c) of paragraph 3. Where this is the case, the measures shall be notified in the shortest possible time to the Commission and to the Member State which has jurisdiction over the media service provider, setting out the reasons for which the Member State considers that there is such urgency that derogating from those conditions is necessary.
Amendment 508 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2010/13/EU
Article 3 – paragraph 7
Article 3 – paragraph 7
7. Without prejudice to the Member State’'s possibility of proceeding with the measures referred to in paragraph 6, the Commission shall examine the compatibility of the notified measures with Union law in the shortest possible time. Where it comes to the conclusion that the measures are incompatible with Union law, the Commission shall require the Member State concerned to refrain from taking any intended measures or urgently to put an end to those measures within shortest possible time.
Amendment 544 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point c
Article 4 – paragraph 4 – point c
(c) the Commission has decided within 2 months, after having consulted ERGA, that the measures are compatible with Union law, in particular that assessments made by the Member State taking those measures under paragraphs 2 and 3 are correctly founded.
Amendment 549 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 5 – subparagraph 1
Article 4 – paragraph 5 – subparagraph 1
The Commission shall decide within 3 2 months following the notification provided for in point (a) of paragraph 4. That period shall begin on the day following the receipt of a complete notification. The notification shall be considered as complete if, within 3 months from its receipt, or from the receipt of any additional information requested, the Commission does not request any further information.
Amendment 555 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2010/13/EU
Article 4 – paragraph 7 – subparagraph 1
Article 4 – paragraph 7 – subparagraph 1
Member States shall encourage co- regulation and self-regulation through codes of conduct adopted at national level in the fields coordinated by this Directive to the extent permitted by their legal systems. Those codesteps shall be such that they are broadly accepted by the main stakeholders inacting under the jurisdiction of the Member States concerned. The codes of conductsteps laid down shall clearly and unambiguously set out their objectives. They shall provide for regular, transparent and independent monitoring and evaluation of the achievement of the objectives aimed at. They shall provide for effective enforcement, including when appropriate effective and proportionate sanctions within the member state's jurisdiction.
Amendment 579 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2010/13/EU
Article 6
Article 6
Member States shall ensure by appropriate and applicable means that audiovisual media services provided by media service providers under their jurisdiction do not contain any incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.;
Amendment 611 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2010/13/EU
Article 7
Article 7
(10) Article 7 is deleted; replaced by the following: 'Article 7 1. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.';
Amendment 617 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2010/13/EU
Article 7 a (new)
Article 7 a (new)
(10a) The following article is inserted: 'Article 7a 1. Member States shall take measures to ensure that services provided by media service providers under their jurisdiction are made gradually accessible to people with a visual or hearing disability in line with their obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). 2. Member States shall require an annual report from the media service providers under their jurisdiction on the process towards increased accessibility for their services. 3. The European Commission and ERGA shall promote the exchange of best practices within the field of accessibility between different Member States and media service providers.';
Amendment 638 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications, accompanying or included in programmes with a significant children’'s audience, of foods and, beverages and other products containing nutrients and substances with a nutritional or physiological effect, excessive intakes of which in the overall diet are not recommended, in particular fat, trans-fatty acids, salt or sodium and sugars.
Amendment 644 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2010/13/EU
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Those codesteps should be used to effectively reduce the exposure of minors to audiovisual commercial communications of foods and, beverages and other products that are high in salt, sugars or fat or that otherwise do not fit national or international nutritional guidelines. Those codesteps should provide that the audiovisual commercial communications are not to emphasise the positive quality of the nutritional aspects of such foods and, beverages and other products.
Amendment 654 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2010/13/EU
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States and the Commission shall encourage the development of self- and co-regulatory codes of conduction regarding inappropriate audiovisual commercial communications for alcoholic beverageproducts. Those codesteps should be used to effectively limit the exposure of minors to audiovisual commercial communications for alcoholic beveragproducts, for instance prohibiting commercial communications for alcoholic products during times when children are most likely to be exposed through audiovisual media services.
Amendment 671 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2010/13/EU
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) they shall not directly encourage the purchase or rental of goods or services;
Amendment 691 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
(b) they shall not directly encourage the purchase or rental of goods or services;
Amendment 700 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
(b) specific medicinal products or medical treatments available only on prescription in the Member State under whose jurisdiction the media service provider falls or in the Member State targeted by the media service provider;
Amendment 701 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2010/13/EU
Article 11 – paragraph 4 – point b a (new)
Article 11 – paragraph 4 – point b a (new)
‘(ba) alcoholic beverages and other alcoholic products or product placement from undertakings whose principal activity is the manufacture or sale of alcohol and other alcoholic products.’
Amendment 716 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2010/13/EU
Article 12 – subparagraph 2
Article 12 – subparagraph 2
The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls, together with the measures mentioned above.
Amendment 728 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure thatould encourage providers of on-demand audiovisual media services under their jurisdiction secure at least a 20%to provide a share of European works in their catalogue and ensure prominence of these works, provided that this do not affect the consumer negatively by altering the service provided in a way which was not agreed upon by the consumer.
Amendment 744 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2010/13/EU
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States may require providers of on-demand audiovisual media services established under their jurisdiction to contribute financially to the production of European works, including via direct investment in content and contributions to national funds. Member States may require providers of on-demand audiovisual media services, targeting audiences in their territories, but established in other Member States to make such financial contributions. In this case, the financial contribution shall be based only on the revenues earned in the targeted Member States. If the Member State where the provider is established imposes a financial contribution, it shall take into account any financial contributions imposed by targeted Member States. Any financial contribution shall comply with Union law, in particular with State aid rules.
Amendment 783 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2010/13/EU
Article 20 – paragraph 2
Article 20 – paragraph 2
The transmission of films made for television (excluding series, serials and documentaries), cinematographic works and news programmes may be interrupted by television advertising and/or teleshopping once for each scheduled period of at least 230 minutes.
Amendment 808 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The daily proportion of television advertising spots and teleshopping spots within the period between 7:00 and 23:00a given clock hour shall not exceed 20 %.
Amendment 814 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1 – point a (new)
Article 23 – paragraph 1 – point a (new)
‘1a. An exception could be made to the rules laid down in paragraph 1, if a Member State and media service providers under their jurisdiction establishes a framework where a certain number of hours constitute "prime time". During these hours the proportion of commercial communication should not exceed 20% but not be restricted to each specific clock hour.’
Amendment 816 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
‘1b. During the hours mentioned above as "prime time", Member States should be able to take concrete measures against audiovisual commercial communications for alcoholic products in order to protect vulnerable viewers and minors in particular. Such measures could be to prohibit audiovisual commercial communications during hours defined as "prime time’.
Amendment 828 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Directive 2010/13/EU
Article 23 – paragraph 2 – point c
Article 23 – paragraph 2 – point c
(c) product placements not in conflict with provisions laid down in Article 11, paragraph 4;
Amendment 847 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point a
Article 28 a – paragraph 1 – point a
(a) protect minors from content which may impair their physical, mental or moral development. Such content shall only be made available in such a way as to ensure that minors will not normally hear or see it. These measures may include selecting the time of their availability, age verification tools or other technical measures;
Amendment 864 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 1 – point b
Article 28 a – paragraph 1 – point b
(b) protect all citizens from content containing incitement to violence or hatred directed against a group of persons or a member of such a group defined by reference to sex, race, colour, religion or belief, disability, descent or national or ethnic origin.
Amendment 873 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 1
Article 28 a – paragraph 2 – subparagraph 1
What constitutes an appropriate measure for the purposes of paragraph 1 shall be determined in light of the nature of the content in question, the harm it may cause, the characteristics of the category of persons to be protected as well as the rights and legitimate interests at stake, including those of the video-sharing platform providers and the users having created and/or uploaded the content as well as the public interest. The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures, such as encryption and effective parental controls. Video-sharing platform providers shall give viewers sufficient information about such content, preferably using a system of descriptors indicating the nature of the content.
Amendment 892 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point b
Article 28 a – paragraph 2 – subparagraph 2 – point b
(b) establishing and operating easy to use mechanisms for users of video-sharing platforms to report or flag to the video- sharing platform provider concerned the content referred to in paragraph 1 stored on its platform;
Amendment 893 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 2 – subparagraph 2 – point b a (new)
Article 28 a – paragraph 2 – subparagraph 2 – point b a (new)
(ba) the mechanism established according to point (b) shall be constituted by transparency and must inform the user of the video-sharing platform and publicly disclose the measures taken regarding the reported and/or flagged content.
Amendment 936 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 6
Article 28 a – paragraph 6
6. Member States shall ensure that complaint and redress mechanisms are publicly disclosed and available for the settlement of disputes between users and video-sharing platform providers relating to the application of the appropriate measures referred to in paragraphs 1 and 2.
Amendment 950 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive 2010/13/EU
Article 28 a – paragraph 8
Article 28 a – paragraph 8
8. Video-sharing platform providers or, where applicable, the organisations representing those providers in this respect shall submit to the Commission draft Union codes of conduct and amendments to existing Union codes of conduct. The Commission mayshall request ERGA to give an opinion on the drafts, amendments or extensions of those codes of conduct. The Commission may give appropriate publicity to those codes of conduct.
Amendment 293 #
2015/2344(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that incentives for sound fiscal policymaking and for addressing structural weaknesses at national level, taking into account the aggregate euro area fiscal stance and ensuring, that all Eurozone countries contribute to macroeconomic adjustment towards real convergence, including those who have greater fiscal space to be used to the benefit of the monetary union as a whole, are core elements for the functioning of the euro area; considers that beyond a proper use of the MIP between deficit and surplus countries, a fiscal capacity should, moreover, address specific concerns for the euro area in the case of absorbing shocks;
Amendment 437 #
2015/2344(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Considers that the fiscal capacity for the euro area should be funded by own resources of the EMU, including revenues from a financial transaction tax, and new financing instruments as Eurobonds;
Amendment 441 #
2015/2344(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Stresses that a euro area fiscal capacity should be complemented by a long term strategy for debt sustainability and reduction of eurozone countries, including partial pooling and common management of sovereign debt, which would bring down overall re-financing costs and debt/GDP ratios to give more margin for growth enhancing policies and investment;
Amendment 488 #
2015/2344(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that structural reforms should be ecologically and socially balanced and aim at strengthening growth potential towards a fully sustainable new growth model, promoting fair and sustainable welfare systems and reducing social inequalities;
Amendment 539 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – indent 2
Paragraph 26 – indent 2
– labour market, including minimum wagesincome,
Amendment 555 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – indent 3 – paragraph 1
Paragraph 26 – indent 3 – paragraph 1
– investment, notably in research and development;, healthcare and education,
Amendment 557 #
2015/2344(INI)
Motion for a resolution
Paragraph 26 – indent 3 – paragraph 1 a (new)
Paragraph 26 – indent 3 – paragraph 1 a (new)
– Social cohesion, including EMU- wide minimum social standards;
Amendment 2 #
2015/2190(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that ESMA’'s role in promoting a common supervisory regime across the internal market is essential in order to ensure a better integrated, more efficient and safer financial markets as well as a high degree of consumer protection in the Union;
Amendment 6 #
2015/2190(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that ESMA when carrying out its activities needs to pay particular attention to the issue of proportionality andattention to ensuring compatibility with Union law, respecting the principle of proportionality and complying with the fundamental principles of the internal market for financial services; underlines that ESMA, on that basis, must strive to achieve outcomes that are unambiguous, coherent and free of superfluous complexity;
Amendment 10 #
2015/2190(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasizes that, on all issues linked to ESMA's resources, it has to be ensured that the mandate can consistently be fulfilled and that the practical limits of independent, reliable and effective supervision are not set by budgetary constraints;
Amendment 11 #
2015/2190(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Acknowledges that the setting-up phase of ESFS has still not been completed and therefore notes that the tasks already entrusted to ESMA, as well as additional tasks envisaged in on-going legislative work, require an adequate level of staff and budget to allow for satisfactory supervision, in terms of both numbers and qualifications, and funding to allow for satisfactory supervision; underlines that, in order to uphold the quality of the supervisory work, it is very often the case that an expansion of tasks has to be matched by an expansion of resources; emphasises however that any potential increases in ESMA's means must be explained thoroughly and accompanied by rationalisation measures wherever possible;
Amendment 17 #
2015/2190(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that given its limited resources, while making sure that all assignments are carried out in full, ESMA must stickcarefully strictlyk to the tasks assigned to it by the Union legislator and must not seek to de facto broaden its mandate beyond those assignments; stresses that whilen carrying out its work and in particular when drafting implementing legislationtechnical standards and technical advice, ESMA needs to timely, regularly and comprehensively inform the Union legislatorEuropean Parliament about its activities; regrets that ESMAthis has in the past not always met that standardbeen done;
Amendment 24 #
2015/2190(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that ESMA’'s mixed financing arrangement is, which relies heavily on contributions from national competent authorities, is inadequate, inflexible, burdensome and a potential threat to its independence; therefore calls on the Commission to reconsider the, in the White Paper planned for Q2 2016 and in a legislative proposal presented by 2017, to launch a different financing arrangement in favourbased ofn an independent separate budget line fromin the budget of the Union and on the introduction of feescomplete replacement of the contributions from national authorities by fees paid by market participants.
Amendment 2 #
2015/2189(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that EIOPA’'s role in promoting a common supervisory regime across the internal market is essential in order to ensure a better integrated, more efficient and safer financial markets as well as a high degree of consumer protection in the Union;
Amendment 6 #
2015/2189(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that EIOPA when carrying out its activities needs to pay particular attention to the issue of proportionality andattention to ensuring compatibility with Union law, respecting the principle of proportionality and complying with the fundamental principles of the internal market for financial services; underlines that EIOPA, on that basis, must strive to achieve outcomes that are unambiguous, coherent and free of superfluous complexity;
Amendment 10 #
2015/2189(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasizes that, on all issues linked to EIOPA's resources, it has to be ensured that the mandate can consistently be fulfilled and that the practical limits of independent, reliable and effective supervision are not set by budgetary constraints;
Amendment 11 #
2015/2189(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Acknowledges that the setting-up phase of ESFS has still not been completed and therefore notes that the tasks already entrusted to EIOPA as well as additional tasks envisaged in on-going legislative work, require an adequate level of staff and budget to allow for satisfactory supervision, in terms of both numbers and qualifications, and funding to allow for satisfactory supervision; underlines that, in order to uphold the quality of the supervisory work, it is very often the case that an expansion of tasks has to be matched by an expansion of resources; emphasises however that any potential increases in EIOPA's means must be explained thoroughly and accompanied by rationalisation measures wherever possible;
Amendment 17 #
2015/2189(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that given its limited resources, while making sure that all assignments are carried out in full, EIOPA must stickcarefully strictlyk to the tasks assigned to it by the Union legislator and must not seek to de facto broaden its mandate beyond those assignments; stresses that whilen carrying out its work and in particular when drafting implementing legislationtechnical standards and technical advice, EIOPA needs to timely, regularly and comprehensively inform the Union legislatorEuropean Parliament about its activities; regrets that EIOPAthis has in the past not always met that standardbeen done;
Amendment 24 #
2015/2189(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that EIOPA’'s mixed financing arrangement is, which relies heavily on contributions from national competent authorities, is inadequate, inflexible, burdensome and a potential threat to its independence; therefore calls on the Commission to reconsider the, in the White Paper planned for Q2 2016 and in a legislative proposal presented by 2017, to launch a different financing arrangement in favourbased ofn an independent separate budget line fromin the budget of the Union and on the introduction of feescomplete replacement of the contributions from national authorities by fees paid by market participants.
Amendment 2 #
2015/2188(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that EBA’'s role in promoting a common supervisory regime across the internal market is essential in order to ensure a better integrated, more efficient and safer financial markets, as well as a high degree of consumer protection in the Union;
Amendment 7 #
2015/2188(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that EBA, when carrying out its activities, needs to pay particular attention to the issue of proportionality andattention to ensuring compatibility with Union law, respecting the principle of proportionality and complying with the fundamental principles of the internal market for financial services; underlines that EBA, on that basis, must strive to achieve outcomes that are unambiguous, coherent and free of superfluous complexity;
Amendment 11 #
2015/2188(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasizes that, on all issues linked to EBA's resources, it has to be ensured that the mandate can consistently be fulfilled and that the practical limits of independent, reliable and effective supervision are not set by budgetary constraints;
Amendment 12 #
2015/2188(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. ATakes note of the conclusion of the European Court of Auditors, in its special report 2014/05, that, overall, EBA's resources during its start-up phase were insufficient to allow it to fulfil its mandate; acknowledges that the setting-up phase of ESFS has still not been completed and therefore notes that the tasks already entrusted to EBA, as well as additional tasks envisaged in ongoing legislative work, require an adequate level of staff and budget to allow for satisfactory supervision, in terms of both numbers and qualifications, and funding to allow for satisfactory supervision; underlines that, in order to uphold the quality of the supervisory work, it is very often the case that an expansion of tasks has to be matched by an expansion of resources; emphasises, however, that any potential increases in EBA’'s means must be explained thoroughly and accompanied by rationalisation measures wherever possible;
Amendment 18 #
2015/2188(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that, given its limited resourceswhile making sure that all assignments are carried out in full, EBA must stickcarefully strictlyk to the tasks assigned to it by the Union legislator and must not seek to de facto broaden its mandate beyond those assignments; stresses that, whilen carrying out its work and in particular when drafting implementing legislationtechnical standards and technical advice, EBA needs to timely, regularly and comprehensively inform the Union legislatorEuropean Parliament about its activities; regrets that EBAthis has in the past not always met that standardbeen done;
Amendment 25 #
2015/2188(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that EBA’'s mixed financing arrangement is, which relies heavily on contributions from national competent authorities, is inadequate, inflexible, burdensome and a potential threat to its independence; therefore calls on the Commission to reconsider the, in the White Paper planned for Q2 2016 and in a legislative proposal presented by 2017, to launch a different financing arrangement in favourbased ofn an independent separate budget line fromin the budget of the Union and on the introduction of feescomplete replacement of the contributions from national authorities by fees paid by market participants.
Amendment 37 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that an efficient and customer-friendly payment system is a crucial underpinning of the Digital Single Market; welcomes the progress that has in recent years been made in enabling access, enhancing competition, improving security and facilitating cross-border activities in the payment services market (for example through SEPA, the new payment accounts directive, the new regulation on interchange fees and the revised payment services directive); underlines that additional measures should be considered in the coming years in order to keep up with innovative developments and to pave the way for further cross-border integration;
Amendment 64 #
2015/2113(INI)
Motion for a resolution
Recital C
Recital C
C. whereas measures for developing the Energy Union and achieving the 2030 and 2050 climate targets must take full account of the impacts on energy priceboth positive and negative impacts, costs and benefits, on the competitiveness of the EU economy in order to get the necessary support from citizens and industryboth short and long term in order to give a correct and fair evaluation of the situation and to get the necessary support from citizens and industry; keeping in mind the markets ability to adapt when long term certainty is given to investors;
Amendment 97 #
2015/2113(INI)
Motion for a resolution
Recital F
Recital F
F. whereas EU energy and climate policies must complement each another, and their objectives actions taken must reinforce rather than undermine one another; the Energy Union should therefore complement European reindustrialisation targets, boost the transition to a low-emission economy and enhance the global competitiveness of the European economy, while effectively avoiding any threat of carbon leakage;
Amendment 231 #
2015/2113(INI)
Motion for a resolution
Recital Y
Recital Y
Y. whereas diversification of supplies, the completion of the internal energy market, more efficient energy consumption, the development of indigenous energy resourcessafe and sustainable low carbon indigenous energy resources, in particular renewable energy, and R&D activities are the key drivers of the Energy Union;
Amendment 245 #
2015/2113(INI)
Motion for a resolution
Recital Z
Recital Z
Z. whereas the EU's aspiration is to raise the contribution of industry to its GDP to as much as 20 % by 2020, and affordable energyenergy at competitive price levels will be indispensable to achieving this ambition;
Amendment 260 #
2015/2113(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises that the completion of the internal market, increased energy efficiency and use of renewable energy are of key importance to reduce EUs external energy dependence and increase its security of supply.
Amendment 288 #
2015/2113(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that all EU infrastructure projects aimed at diversifying energy sources, suppliers and routes must be fully in line with long term climate objectives, EU legislation and EU energy security priorities;
Amendment 320 #
2015/2113(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that, in the context of the future Energy Union, security of energy supply is the most pressone of the maing issues and that Member States must coordinate and cooperate in this respect with their neighbours when developing their energy policies; calls on the Commission, in this respect, to examine how the current architecture of national preventive and emergency response measures could be streamlined at both regional and EU level;
Amendment 405 #
2015/2113(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to establish an EU-wide target fortake action to reducinge energy import dependency andthrough increased use of renewables and improved energy efficiency; calls on the commission to publish regular progress reports in this respect;
Amendment 431 #
2015/2113(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that the Union can reduce its dependency on particular suppliers and fuels by maximising its use of indigenous sources of energy, including conventional and unconventional low-emission fossil fuels andsafe and sustainable low carbon indigenous sources of energy, in particular renewables, and therefore stresses that no fuel or technology contributing to energy security and long term climate goals should be discriminated against;
Amendment 456 #
2015/2113(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Believes that indigenous resources, both conventional and unconventionalsafe and sustainable low carbon indigenous resources, in particular renewables, which have the potential to increase the EU's energy security of supply should be fully tapped and that unnecessary regulatory burdens on the entities willing to invest in these fields must be avoided;
Amendment 473 #
2015/2113(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to facilitate the effective use of existing EU funding schemes, including the European Fund for Strategic Investments, so as to support investment in the development of Europe's indigenous energy resources, based on a technology-neutral approachsafe and sustainable low carbon indigenous energy resources, in particular renewables;
Amendment 508 #
2015/2113(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Stresses the need to modernise and decarbonise the heating sector through the use of renewable fuels, in particular in district heating, in order to reduce gas imports and emissions while improving security of supply.
Amendment 588 #
2015/2113(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need for full implementation and enforcement of existing EU energy legislation and for a swift adoption of ambitious European network codes and guidelines, which must go hand in hand with strengthening the competences of the Agency for the Cooperation of Energy Regulators (ACER) on cross border issues, the European Network of Transmission System Operators for Electricity (ENTSO-E) and the European Network of Transmission System Operators for Gas (ENTSO-G);
Amendment 605 #
2015/2113(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that a properly designed future model of the electricity market in the EU must aim at a more market-based and optimal, from the point of view of network security, integration of renewable energy sources;supportive framework for the development and integration of renewable energy sources while maintaining a high network security.
Amendment 673 #
2015/2113(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports regional approaches where there are particular regional challenges or opportunities, or where acting regionally could speed up market integration and fulfilment of the 2030 targets, including through the creation of regional hubs to enhance market liquidity;
Amendment 692 #
2015/2113(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Points out that in order to successfully balance the internal market, market based investment is needed not only in interconnectors but also in, inter alia, storage capacity, such as LNG terminals and smart grids, in order to cope withincentivise enhanced renewable and distributed generation;
Amendment 706 #
2015/2113(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses the need to create a legislative framework that empowers consumers and makes them active participants in the market as investors and stakeholders; notes that consumers' involvement can be strengthened through, inter alia, demand response, energy cooperatives and micro-generation and enhanced competition in retail markets, transparency of prices and consumer choices; points out that such initiatives could contribute to reducing energy prices and help address serious social problems, such as fuel poverty while at the same time gradually phasing out price regulation in EU Member States;
Amendment 742 #
2015/2113(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that following the European Council conclusions of 23 and 24 October 2014, post-2020 EU energy-efficiency targets must be non-binding and not apply at national level; reiterates the parliaments call to the Commission and the Member States to set a binding EU 2030 energy efficiency target of 40 %1 a; stresses the need for a legislative proposal for a robust and predictable 2030 governance system to ensure that the EU energy efficiency target is reached; __________________ 1a 2013/2135(INI)
Amendment 772 #
2015/2113(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that improvements in energy- efficiency pursued on a cost-effective basis will make a key contribution to energy security, competitiveness and the achievement of climate objectives; stresses, however, that gains in energy efficiency cannot replace diversification of energy supply, in particular in the district heating sector;
Amendment 800 #
2015/2113(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Believes that it will be important to avoid over-prescriptive legislation that can constrain domestic policy choices about how best to promote energy efficiency within a national context; Stresses therefore the need for a legislative proposal for a robust and predictable 2030 governance system to ensure the EU energy efficiency target is reached;
Amendment 840 #
2015/2113(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Acknowledges that local authorities of European cities undoubtedly make an important contribution to energy independence by increasing energy- efficiency through cogeneration, modernising district heating systems by switching fuel to bioenergy and waste or industrial surplus heat and increased efficiency, increasing the use of cleaner public transport, encouraging more active travel models and renovating buildings;
Amendment 860 #
2015/2113(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 878 #
2015/2113(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Underlines the crucial role of a legislative proposal for a robust and predictable 2030 governance system in order to ensure the attainment of the 2030 renewable energy target and to create long term certainty for investors.
Amendment 907 #
2015/2113(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses, however, that the EU must employ a technology-neutral approach to decarbonising our energy systems, adopting strategies for using and promoting not only renewable energy sources but also other low-emission sources of energy; calls on the Commission, in this respect, to revise its Energy and Environmental State Aid Guidelines in a way which will provide for an equitable treatment of energy production from different energy sources;
Amendment 933 #
2015/2113(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses that decarbonisation which is not pursued through a technology-neutral approach could result in ashould be the main aim, to hinder stranded assets and drastic increase in energy costs in some Member States, which would lead to energy poverty, deindustrialisation of the European economy and a subsequent rise in unemployment; stresses that it therefore needs to be a sovereign decision of each Member State on how to decarbonise its economy; reaffirms the need for a well- functioning EU ETS with a strengthened price signal in order to stimulate safe and sustainable low carbon investments in the EU; stresses the need to phase out fossil fuel subsidies within the EU;
Amendment 958 #
2015/2113(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Recognises that indigenous energy sources such as nuclear, clean coal technologies and fossil fuels with carbon capture and storage (CCS)safe sustainable low carbon indigenous energy sources, in particular renewables, would make a fundamental contribution to EU energy security and decarbonisation, with shale gas facilitating the transition to a low- emission economy; believes, in this respect, that the Energy Union must reflect the need for the EUMember states to use all lowsafe and lower emission sources at Member States'sustainable low carbon energy sources at their disposal;
Amendment 992 #
2015/2113(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Calls on the Commission to put forward proposals for establishing a Modernisation Fund, which should have strict criteria and guidance to ensure that funding is targeted at genuine energy modernisation projects, which would be selected based on a technology-neutral approach and on whether they are demonstrably consistent with attainment of the EU's 2030 greenhouse gas objectives; in this respect, believes that modernisation of district heating systems is an essential measure to reduce carbon emissions and improve security of supply.
Amendment 1021 #
2015/2113(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls on the Commission and the Member States to undertake common effortsimprove the functioning of the market in order to bring down wholesale and retail gas and energy prices by 20 % by 2020;
Amendment 1058 #
2015/2113(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls on the Commission to intensify its research efforts regarding the better use of Europe's renewable indigenous resources, both conventional and unconventional;.
Amendment 1080 #
2015/2113(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Stresses that the EU must collectively step up its efforts as regards efficient, low- emissionrenewable technologies in order to meet its 2030 objectives and improve its energy security and facilitate economic recovery;
Amendment 1089 #
2015/2113(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Believes that greater effort in developing innovative low-emissionrenewable technologies and solutions can bring significant long-term benefits in terms of reduced generation costs and reduced energy demand;
Amendment 120 #
2015/2106(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that accurate, complete and easily available information is crucial to ensure proper consumer protection, but that this does not necessarily entail large volumes of information; is concerned that themean that information volumes have to be large; stresses the importance of focusing on operational high-quality information rather than on a scattered multiplicity of low-quality customer information which might not ultimately serve real customer needs; points to the necessity of a European initiative for more and better financial education;
Amendment 130 #
2015/2106(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines that employees providing customer advice at financial institutions have a crucial role to play in ensuring proper consumer protection; stresses that such employees should be given the training and time necessary to be able to serve the customers in an accurate way and that they should not be made subject to sales targets or inducements that could bias or distort their advice;
Amendment 249 #
2015/2106(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes, as a key development in the financial system, the progress being made in improving access, efficiency and competition in the payment services market (for example through SEPA, the new payment accounts directive, the new regulation on interchange fees and the revised payment services directive); stresses that intensive supervisory and regulatory work will probably be needed in the years to come in order to keep up with innovation and technological advances in this market;
Amendment 316 #
2015/2106(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Believes that better financial regulation starts with Member States applying the current acquis; considers that ‘gold- plating’ does not facilitate the functioning of the internal market; stresses, at the same time, that there are situations where gold- plating, given circumstances such as the structure and risk profile of the national financial sector, is legitimate and necessary;
Amendment 326 #
2015/2106(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission to ensure balanced participation in consultations by reflecting the diversity of stakeholders and providing better conditions for small stakeholders to participate; urges the Commission, in the framework of an overhaul of the expert groups system based on the advice of the European Ombudsman, to ensure that expert groups linked to financial services regulation are transparent, balanced and free from conflicts of interest;
Amendment 371 #
2015/2106(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Reminds the ESAs that technical standards, guidelines and recommendations are bound by the principle ofto be drafted in a proportionalit way; calls on the ESAs to adopt a restrictive approach tomake a careful assessment of the extent and number of guidelines, particularly where they are not explicitly empowered in the basic act; notes that such a restrictive approach is also required in view of the ESAs’ resources and the need to prioritise, that is needed in order to optimise the functioning and stability of the financial sector; underlines that the ESAs should be provided with the resources necessary for them to adequately carry out their tasks;
Amendment 113 #
2015/0270(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In June 2015, the Five Presidents Report on Completing Europe’s Economic and Monetary Union pointed out that a single banking system can only be truly single if confidence in the safety of bank deposits is the same irrespective of the Member State in which a bank operates. This requires single bank supervision, single bank resolution and single deposit insurance. The Five Presidents report therefore proposed tocalled for completeion of the Banking Union by establishing a European Deposit Insurance Scheme (EDIS), the third pillar of a fully-fledged Banking Union alongside bank supervision and resolution, that should be completed by a common fiscal backstop based in the European Stability Mechanism. Concrete steps in that direction should already be taken as a priority, with a re-insurance system at the European level for the national deposit guarantee schemes as a first step towards a fully mutualised approach. The scope of this reinsurance system should coincide with that of the SSM.
Amendment 127 #
2015/0270(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The absence of a homogenous level of depositor protection can distort competition and create an effective barrier for the freedoms of establishment and free provision of services by credit institutions within the internal market. A common deposit insurance scheme is therefore essential for the completion of the internal market in financial services, while improving the competitive position of the Union as the safest financial area in the world.
Amendment 141 #
2015/0270(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Funds used by deposit guarantee schemes to repay depositors for unavailable covered deposits in accordance with Article 8 of Directive 2014/49/EU on deposit guarantee schemes do not constitute State aid or Fund aid. However, where those funds are used in the restructuring of credit institutions and constitute State aid or Fund aid, they must comply with Article 108 of the Treaty on the Functioning of the European Union and, respectively, with Article 19 of Regulation (EU) No 806/2014 of the European Parliament and of the Council13, which should be amended for that purpose. __________________ 13 Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1).
Amendment 152 #
2015/0270(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure parallelism with the SSM and the SRM, EDIS should apply to participating Member States. Banks established in the Member States not participating in the SSM should not be subject to EDIS. As long as supervision in a Member State remains outside the SSM, that Member State should remain responsible for ensuring the protection of depositors against the consequences of the insolvency of a credit institutiondeposits becoming unavailable. As Member States join the SSM, they should also automatically become subject to the EDIS. Ultimately, the EDIS could potentially extend to the entire internal market.'
Amendment 155 #
2015/0270(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure a level playing field within the internal market as a whole, this Regulation is consistent with Directive 2014/49/EU. It complements the rules and principles of that Directive to ensure the proper functioning of EDIS and that appropriate funding is available to the latter. The key objective of the EDIS is to enhance the effective deposit guarantee framework with a view to protecting depositors against the consequences of deposits becoming unavailable. At the full insurance stage, the objective is to provide an equal level of protection to all depositors of credit institutions affiliated to the participating DGSs. The material law on deposit guarantee to be applied within the EDIS framework will therefore be consistent with the one applicable by the national DGSs or designated authorities of the non- participating Member States, harmonised through the Directive 2014/49/EU.
Amendment 160 #
2015/0270(COD)
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15b) It should also be possible for the DIF to go beyond a pure reimbursement function and to use the available financial means in order to prevent the failure of a credit institution with a view to avoiding the costs of reimbursing depositors and other adverse impacts. Those measures should, however, be carried out within a clearly defined framework including appropriate systems and procedures in place for selecting and implementing such measures and monitoring affiliated risks. Implementing such measures should be subject to the imposition of conditions as defined in Directive 2014/49/EU. The costs of the measures taken to prevent the failure of a credit institution should not exceed the costs of fulfilling the statutory or contractual mandates of the respective DIF with regard to protecting covered deposits at the credit institution or the institution itself.
Amendment 166 #
2015/0270(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) EDIS should progressively evolve from a reinsurance scheme into a fully mutualised co-insurance scheme over a number of years. In the context of efforts to deepen the EMU, together with the work on the establishment of bridge-financing arrangements for the Single Resolution Fund (SRF) and on developing a common fiscal backstop, this step is necessary to reduce the bank/sovereign links in individual Member States by means of steps towards risk sharing among all the Member States in the Banking Union, and thereby to reinforce the Banking Union in achieving its key objective. HoweverIn parallel, such risk sharing implied by steps to reinforce Banking Union must proceed in parallel with risk reducing measures designed to break the bank-sovereign link more directly.s already supported by the SSM and SRM, which significantly reduce the likelihood of bank failures, and by a wide range of prudential measures which have been taken in respect of banks, with the objective of strengthening supervision and crisis management, improving the amount and quality of capital, reducing concentration of exposures, fostering deleveraging, limiting pro-cyclical lending behaviour, reinforcing access to liquidity, addressing systemic risk due to size, complexity and interconnectedness, reinforcing depositor confidence, and incentivising proper risk management via rules on governance
Amendment 198 #
2015/0270(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) As the Deposit Insurance Fund, in the re-insurance stage, would only provide an additional source of funding and would only weaken the link between banks and their national sovereign, without however ensuring that all depositors in the Banking Union enjoy an equal level of protection, the reinsurance stage should, after threewithin two years, gradually progress into a co- insurance scheme and ultimately into a fully mutualised deposit insurance scheme. Only a fully mutualized EDIS would ensure that all depositors enjoy an equal level of protection.
Amendment 206 #
2015/0270(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) While the reinsurance and coinsurance stages would share many common features, ensuring a smooth gradual evolution, pay-outs under the co- insurance stage would be shared between national DGS and the Deposit Insurance Fund as of the first euro of loss. The relative contribution from the Deposit Insurance Fund would gradually increase to 100 percent, resulting in the full mutualisation of depositor risk across the Banking Union after fourwithin three years.
Amendment 220 #
2015/0270(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Deposit Insurance Fund is an essential element without which the progressive establishment of EDIS could not be achieved. Different national systems of funding would not provide for homogenous deposit insurance across the Banking Union. Throughout the three stages, the Deposit Insurance Fund should help ensuring the stabilising role of DGSs, a uniform high level of protection to all depositors in a harmonised framework throughout the Union and avoiding the creation of obstacles for the exercise of fundamental freedoms or the distortion of competition in the internal market due to different levels of protection at national level, since savers have the right to open a bank account in any Member State irrespective of their legal domicile.
Amendment 246 #
2015/0270(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In principle, contributions should be collected from the industrybanks prior to, and independently of, any deposit insurance action. When prior funding is insufficient to cover the losses or costs incurred by the use of the Deposit Insurance Fund, additional contributions should be collected to bear the additional cost or loss. Moreover, the Deposit Insurance Fund should be able to contract borrowings or other forms of support from credit institutions, financial institutions or other third parties in the event that the ex-ante and ex post contributions are not immediately accessible or do not cover the expenses incurred by the use of the Deposit Insurance Fund in relation to deposit insurance actions.
Amendment 263 #
2015/0270(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Ensuring effective and sufficient financing of the Deposit Insurance Fund is of paramount importance to the credibility and efficiency of EDIS. The capacity of the Board to contract alternative funding means for the Deposit Insurance Fund should be enhanced in a manner that optimises the cost of funding and preserves the creditworthiness of the Deposit Insurance Fund. Immediately after the entry into force of this Regulation, the necessary steps should be taken by the Board in cooperation with the participating Member States to develop the appropriate methods and modalities permitting the enhancement of the borrowing capacity of the Deposit Insurance Fund that should be in place by the date of application of this Regulation. It is essential also to create a mutualised credit line via the European Stability Mechanism (ESM) as an effective common fiscal backstop for the Banking Union to be used as a last resort.
Amendment 268 #
2015/0270(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) It is necessary to ensure that the Deposit Insurance Fund is fully available for the purpose of ensuring the guarantee of deposits. Therefore, the Deposit Insurance Fund should primarily be used for the efficient implementation of deposit guarantee requirements and actions. Furthermore, it should be used only in accordance with the applicable deposit guarantee objectives and principles. Under certain conditions, the Deposit Insurance Fund could also provide funding where the available financial means of a DGS are used in resolution in accordance with Article 79 of this Regulation. Furthermore, the Deposit Insurance Fund could be used for the implementation of alternative measures, as established in Article 77a of this Regulation, under a strict supervision framework.
Amendment 288 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 806/2014
Article 1 – paragraph 2 – subparagraph 1 – introductory part
Article 1 – paragraph 2 – subparagraph 1 – introductory part
2. In addition, in order to ensure that all depositors in the Banking Union enjoy an equal level of protection, this Regulation establishes a fully mutualised European Deposit Insurance Scheme ('EDIS') by 2022 in three successive stages:
Amendment 331 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)Regulation (EU) No 806/2014
Article 1 – paragraph 1 – point 5 a (new)Regulation (EU) No 806/2014
Article 5 – title
Amendment 333 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)Regulation (EU) No 806/2014
Article 1 – paragraph 1 – point 5 b (new)Regulation (EU) No 806/2014
Article 5 – paragraph 1 – subparagraph -1 (new)
5b. In Article 5(1), the following new subparagraph -1 is added: ‘-1. Where, pursuant to this Regulation, the Board decides to exercise the recovery rights, which, pursuant to Directive 2014/49/EU are exercised by the DGS, the Board shall, for the application of this Regulation and of Directive 2014/49/EU, be considered to be the relevant DGS in national insolvency proceedings.’
Amendment 337 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
9a. in Article 34, paragraph 5 is replaced by the following: ‘5. The Board, the ECB, the national competent authorities and, the national resolution authorities and the national designated authorities may draw up memoranda of understanding with a procedure concerning the exchange of information. The exchange of information between the Board, the ECB, the national competent authorities, and the national resolution authorities and the national designated authorities shall not be deemed to infringe the requirements of professional secrecy.’
Amendment 340 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 b (new)Regulation (EU) No 806/2014
Article 1 – paragraph 1 – point 9 b (new)Regulation (EU) No 806/2014
Article 38 – paragraph 2 – point c a (new)
9b. In Article 38(2), the following point (ca) is added: ‘(ca) where they intentionally or negligently fail to comply with decisions of the DGS to which they are affiliated, including a failure associated with the invoices on contributions, in accordance with Article 74e.’;'
Amendment 363 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41a – paragraph 1
Article 41a – paragraph 1
1. As from the date of application set out in Article 99(5a), participating DGSs are reinsured by EDIS in accordance with this Chapter for a period of threewo years (‘reinsurance period’).
Amendment 415 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41d – paragraph 1
Article 41d – paragraph 1
1. As from the end of the re-insurance period, the participating DGS shall be co- insured by EDIS in accordance with this Chapter for a period of fourthree years (‘co- insurance period’).
Amendment 450 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41h a (new)
Article 41h a (new)
Article 41ha By way of derogation to Article 1(2) and Article 74c(4) the Commission may adopt a delegated act in accordance with Article 93 in order to supplement this Regulation by anticipating the date of application of this Chapter and its related pre-conditions as defined in Articles 41e and 41j in case the legislative proposals presented by the Commission on 23rd November 2016 (e.g. the "EU banking reform" package) have been officially adopted.
Amendment 456 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) No 806/2014
Article 41i – paragraph 1
Article 41i – paragraph 1
1. A participating DGS shall not be covered by EDIS in the reinsurance, co- insurance or full insurance phase, if the Commission, acting on its own initiative or upon a request of the Board or a participating Member State, decides and informs the Board accordingly that at least one of the following disqualifying conditions is met: The Commission and the Board shall monitor the ability of DGSs to meet their obligations under the relevant legislation on a continuous basis. The Commission and the Board shall monitor in particular compliance with Articles 4(8), 4(9), 4(10), 4(11), 5, 6 8(1), 8(2), 8(6) and 10 of Directive 2014/49/EU and with Articles 41j and 41p of this Regulation. 1a. If the Commission or Board identifies instances of non-compliance with any or all of its obligations under paragraph 1, it shall inform the other and the DGS concerned. 1b. The Board, based on the information of the Commission or acting on its own initiative, may issue a recommendation to the DGS to comply with those obligations within a maximum period of 3 months. That recommendation shall include remedial actions and may also include technical assistance from the SRB. 1c. If a DGS fails to comply with a recommendation of the Commission within the specified time frame, the Commission may decide that the funding from EDIS in the case of a payout event or a resolution action shall be provided as a loan subject to the conditions in paragraph 1d. If EDIS has already provided funds and the DGS arrangements are inadequate for a payout event or a resolution action and do not comply with the obligations under paragraph 1, the Commission may decide to convert the funding provided by EDIS into a loan up to a period of [3 year] following the payout event or the resolution action and subject to the conditions in paragraph 1d. Any future payout event or resolution action shall also be provided as a loan as long as the DGS continues to fail to comply with the instructions. 1d. EDIS shall grant a loan under the following conditions: (a) the DGS must fully deplete its available financial means; (b) the DGS has committed to comply with the instruction of the Commission; (c) the rate of interest of the loan shall not be less than 1% above the 12 month EURIBOR rate; unless the Commission, after consulting the Board, decides otherwise in its instruction on the grounds of proportionality, including the non- punitive nature of the loan. The DGS shall calculate the ex-post contributions for the national banking system to pay the interest; (d) the maturity of the loan shall not exceed [3] years; (e) the loan shall not exceed the amount of liquidity support that the DGS would have received. 1e. The Commission shall decide that a participating DGS shall not be covered by EDIS if it continues to fail to comply with its obligations under paragraph 1 and following the steps set out in this article. If a participating DGS is not covered by EDIS it shall repay the loan within [1 year]. The participating DGS concerned shall notify the Commission on the fulfilment of its obligations. The Commission should upon the notification re-evaluate the decision on the loss of cover of the participating DGS and, if appropriate, issue a recommendation that the DGS re- qualifies for EDIS coverage. (a) the participating DGS has failed to comply with the obligations under this Regulation or Articles 4, 6, 7 or 10 of Directive 2014/49/EU; (b) the participating DGS, the relevant administrative authority within the meaning of Article 3 of Directive 2014/49/EU, or any other relevant authority of the respective Member State have, in relation to a particular request for coverage by EDIS, acted in a way that runs counter to the principle of sincere cooperation as laid down in Article 4(3) of the Treaty on European Union.
Amendment 636 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 b – paragraph 5 a (new), 5 b (new), 5 c (new), 5 d (new)
Article 74 b – paragraph 5 a (new), 5 b (new), 5 c (new), 5 d (new)
5a. In all phases, the coverage level for the aggregate deposits of each depositor is EUR 100 000 in the event of deposits being unavailable. 5b. In addition to paragraph 5a, EDIS shall ensure that the following deposits are protected up to EUR 400 000 for at least six months once the amount has been credited or from the moment when such deposits become legally transferable: (a) deposits resulting from real estate transactions relating to private residential properties; (b) deposits that serve social purposes laid down in this Regulation and are linked to particular life events of a depositor such as marriage, divorce, retirement, dismissal, redundancy, invalidity or death; (c) deposits that serve purposes laid down in this Regulation and are based on the payment of insurance benefits or compensation for criminal injuries or wrongful conviction. The Commission shall be empowered to adopt a delegated act in accordance with Article 93 in order to establish conditions for enlarging the coverage included in points (a), (b) and (c) of this paragraph. 5c. The amount referred to in paragraph 5a shall be reviewed periodically by the Commission and at least once every five years. If appropriate, the Commission shall submit to the European Parliament and to the Council a proposal for a Directive to adjust the amount referred to in paragraph 5a, taking account in particular of developments in the banking sector and the economic and monetary situation in the Union. The first review shall not take place before 3 July 2020 unless unforeseen events necessitate an earlier review. 5d. The Commission shall be empowered to adopt delegated acts in accordance with Article 93 in order to adjust the amounts referred to in paragraphs 5a and 5b at least every five years, in accordance with inflation in the Union on the basis of changes in the harmonised index of consumer prices published by the Commission since the previous adjustment.
Amendment 744 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EU) No 806/2014
Article 74 g – paragraph 1 a (new)
Article 74 g – paragraph 1 a (new)
1a. The board may raise loans as a mutualised credit line via the European Stability Mechanism regarding the immediate availability of additional financial means to be used where the amounts raised or available are not sufficient to meet the Funds' obligations. A common backstop shall be developed during the re-insurance period to facilitate borrowing by the DIF. The use of the common backstop shall be fiscally neutral in the long term.
Amendment 763 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 36
Article 1 – paragraph 1 – point 36
Regulation (EU) No 806/2014
Article 75 – paragraph 3
Article 75 – paragraph 3
3. The Board shall have a prudent and safe investment strategy that is provided for in the delegated acts adopted pursuant to paragraph 4 of this Article, and shall invest the amounts held in the SRF and the DIF in obligations of the Member States or intergovernmental organisations, or in highly liquid assets of high creditworthiness, taking into account the delegated act referred to in Article 460 of Regulation (EU) No 575/2013 as well as other relevant provisions of that Regulation. Investments shall be sufficiently sectorally, geographically and proportionally diversified. The return on those investments shall benefit the SRF and the DIF respectively, in strict proportion to the monies invested on behalf of each of those funds.
Amendment 774 #
2015/0270(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 37
Article 1 – paragraph 1 – point 37
Regulation (EU) No 806/2014
Article 77 a – paragraph 3 a (new)
Article 77 a – paragraph 3 a (new)
3a. The Board may allow the use of the DIF for alternative measures in order to prevent the failure of a credit institution provided that the conditions defined in the Article 11(3) of the Directive 2014/49/EU are met. The Board may decide that the available financial means may also be used to finance measures to preserve the access of depositors to covered deposits, including transfer of assets and liabilities and deposit book transfer, in the context of national insolvency proceedings, provided that the costs borne by the DIF do not exceed the net amount of compensating covered depositors at the credit institution concerned.
Amendment 198 #
2015/0149(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Improving the efficiency of energy- related products through informed consumer choice benefits the Union economy overall, drives innovation and willreduces energy demand thereby contributing to energy security, allows consumers to save money on their energy bills, incentivises research and innovation, thereby giving competitive advantage to industries which develop and produce the most energy efficient products. It also contributes to the achievement of the Union's 2020 and 2030 energy efficiency targets. It will also allow consumers to save money.
Amendment 204 #
2015/0149(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The conclusions of the European Council of 23 and 24 October 2014 set an indicative target at Union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption. This target will be reviewed by 2020 having in mind an Union level of 30%. They European Parliament has repeatedly called for a binding energy efficiency target of 40 %, most recently in its resolution on the Energy Union strategy of 15 December 2015. The European Council also set a binding EU target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990, including a 30% reduction of emissions in non-ETS sectors.
Amendment 237 #
2015/0149(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Manufacturers respond to the energy label by creating ever more efficient products. This technological development leads to products populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten years would be appropriate, taking into account the need to avoid over burdening manufacturers. This Regulation should therefore lay down detailed arrangements for rescalingshould be based on the need to provide strong incentives for manufacturers to improve energy efficiency, to maintain long term relevance of the labelling for consumers and to avoid over burdening manufacturers when rescaling is not yet needed for these purposes. This Regulation should therefore lay down detailed arrangements for rescaling, aiming at covering approximately ten years of progress in energy efficiency for each product group, in order to maximise legal certainty for suppliers and dealers. A newly rescaled label should have enough empty top classes to encourage technological progress over the projected timeframe for the label and enable ever more efficient products to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short timeframe.
Amendment 272 #
2015/0149(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to facilitate the monitoring of compliance and to provide up-to-date market data for the regulatory process on revisions of product-specific labels and information sheets, suppliers should provide their product compliance information electronically in a database established by the Commission. Where some technical information is so sensitive that it is inappropriate to include it in the category of technical documentation as detailed in the relevant implementing acts, market surveillance authorities should retain the power to access this information when necessary in accordance with the duty of cooperation on suppliers. The information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels. Market surveillance authorities should have access to the information in the database.
Amendment 284 #
2015/0149(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The public interface of the database should develop into a useful tool in order to enable consumers to easily find and compare selected information of any energy-related product allowing them to identify and choose the most energy efficient products. The information available should be searchable, downloadable and allow for easy filtering by separated variables. The data should be available through open standards for the use of third party developers of applications which could help improve product comparison sites.
Amendment 311 #
2015/0149(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) Second hand products;Products that were put into service and made available on the market for a second or additional time
Amendment 319 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'Manufacturer' means any natural or legal person who manufactures an energy- related product or has such a product designed or manufactured, and markets that energy- related product under his name or trademark;
Amendment 323 #
2015/0149(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘Dealer’ means a retailer or other person who sells, hires, offers for hire purchase or displays energy related products to customers;
Amendment 454 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where Member States provide any incentives for an energy-related product covered by this Regulation and specified in a delegated act, these shall aim at the highest class of the most energy efficiencyt products available in the specific market at that time as laid down in the applicable delegated act.
Amendment 463 #
2015/0149(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall shall lay down the rules on penalties and enforcement mechanisms applicable to infringements or for misleading commercial practices of the provisions of this Regulation and its delegated acts, and shall take all measures necessary to ensure that they are implemented. The penalties must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by the date of application of this Regulation and shall notify without delay any subsequent amendment affecting them.
Amendment 504 #
2015/0149(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where tThe market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the supplier to take.
Amendment 532 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when a label is introduced or rescaled, the requirements are laid down so that no products are expected tothe estimated time within which a majority of models falls in energy classes A or B at the moment of the introduction of the label and so that thto the A and B classes shall be at least ten years later. In order to achieve this, each scale should be destimated time within which a majority of models falls into those classes shall be at least ten years laterigned so that an appropriate number of the energy classes are empty at the moment of the introduction of the label.
Amendment 542 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Commission shall ensure that any rescaled label is visually different from the old label and that consumers can instantly recognise rescaled labels as new labels.
Amendment 546 #
2015/0149(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodicallyRe-scaled labels for existing product groups shall enter into force at the latest 3 years after the date of application of this Regulation. The rescaled labels for the product groups of washing machines, dishwashers, refrigerators and freezers, lamps and televisions for which the preparatory work has been finalised shall enter into force at the date of application of this Regulation. Re-scaled labels for the product groups which entered into force on 26 September 2013 shall enter into force at the date of application of this Regulation using the existing data without any additional preparatory studies and without leaving empty classes.
Amendment 617 #
2015/0149(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
Amendment 647 #
2015/0149(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point g
Article 12 – paragraph 3 – subparagraph 1 – point g
(g) the content and, where appropriate, the format and other details concerning the technical documentation and product information sheet; For the technical documentation, to ensure the safeguarding of confidential information, it should be specified what information to be uploaded in the product database and what information to be made available on the request of Member States authorities and the Commission.
Amendment 56 #
2015/0148(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The European Council confirmed that a well-functioning, reformed EU ETS with an instrument to stabilise the market will be the main European instrument to achieve this target, with an annual reduction factor of 2.2% from 2021 onwards, free allocation not expiring but existing measures continuing after 2020 to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in other major economies, without reducing the share of allowances to be auctioned. The auction share should be expressed as a percentage figure in the legislation, to enhance planning certainty as regards investment decisions, to increase transparency and to render the overall system simpler and more easily understandable. However, those orientations decided by the European Council may not be sufficient to fulfil the EU's commitments taken during the COP21, therefore an annual reduction factor of 2.4% is advisable.
Amendment 85 #
2015/0148(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as thea transitional exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 57% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of Member States, including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 . __________________ 18 SEC(2015)XX SEC(2015)XX 19 Decision (EU) 2015/… of the European Parliament and of the Council of … concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L […], […], p. […]).
Amendment 86 #
2015/0148(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Notes that the European Union is clear on its intention to maintain its Emissions Trading System (ETS) as the centrepiece of EU climate policy; Observe that the People’s Republic of China announced its plans for a national ETS to start in 2017; Considers that since January 2015, California and Quebec carbon markets have been linked; Emphasized that Korea launched a national ETS in 2015, becoming the first nation-wide trading program in Asia.
Amendment 87 #
2015/0148(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Whereas the EU industry is facing a race against time in order to regain its global competitiveness and capacity to invest in Europe and hence meet the social and environmental challenges it faces and which it must overcome while remaining a reference for the world in terms of the social and environmental responsibility of its operations;
Amendment 90 #
2015/0148(COD)
Proposal for a directive
Recital 7
Recital 7
(7) To preserve the environmental benefit of emission reductions in the Union while actions by other countries do not provide comparable incentives to industry to reduce emissions, free allocation should continue to installations in sectors and sub- sectors at genuine risk of carbon leakage. Experience gathered during the operation of the EU ETS confirmed that sectors and sub-sectors are at risk of carbon leakage to varying degrees, and that free allocation has prevented carbon leakage. While some sectors and sub-sectors can be deemed at a higher risk of carbon leakage, others are able to pass on a considerable share of the costs of allowances to cover their emissions in product prices without losing market share and only bear the remaining part of the costs so that they are at a low risk of carbon leakageThe aim of the free allocation is not to give operational subsidies to the firm but to incentivize and finance investments in mitigation technologies against climate change in the industry. The Commission should determine and differentiate the relevant sectors based on their trade intensity and their emissions intensity to better identify sectors at a genuine risk of carbon leakage. Where, based on these criteria, a threshold determined by at a genuine risk of carbon leakage. Where a certaking into account the respective possibility for sectors and sub-sectors concerned to pass on costs in product priceshold is exceeded, the sector or sub-sector should be deemed at risk of carbon leakage. Others should be considered at a low risk or at no risk of carbon leakage. Taking into account the possibilities for sectors and sub-sectors outside of electricity generation to pass on costs in product prices should also reduce windfall profits.
Amendment 110 #
2015/0148(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Earmarking is a key element in order for ETS Phase IV to finally trigger a virtuous circle. The Member-States should spend at least 80% of the auction revenues on climate actions listed in this Directive, and undertakings which receive free allocations in excess should use this resource exclusively on low carbon investment in the installations.
Amendment 112 #
2015/0148(COD)
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) Considers the necessity of enhanced transparency framework; requires new standards for reporting and review of all nations' climate efforts will provide a foundation for building confidence not only in nations' actions but also for the use of high-integrity carbon markets to drive the deep emissions reductions called for by science.
Amendment 121 #
2015/0148(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiawilly compensate, in accordance with state aid rulesthrough a centralized arrangement at European level, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. A harmonised system will therefore avoid competitive distortions in between Members States. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 128 #
2015/0148(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Whereas the increase of the CO2 price would drive an investment shift to cleaner sources and processes, it has also potentially adverse effects on employment and purchasing power of the European citizens. The EU should monitor the social effects of CO2 price in order to avoid more inequalities and to incentivise job creation.
Amendment 132 #
2015/0148(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The main long-term incentive from this Directive for the capture and storage of CO2 (CCS), capture and re-use of CO2 (CCU), new renewable energy technologies and breakthrough innovation in low-carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for CO2 emissions which are permanently stored or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS/CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS/CCU facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes in the Union for CO2 stored or avoided on a sufficient scale, provided an agreement on knowledge sharing is in place. The majority of this support should be dependent on verified avoidance of greenhouse gas emissions, while some support may be given when pre-determined milestones are reached taking into account the technology deployed. The maximum percentage of project costs to be supported may vary by category of project.
Amendment 143 #
2015/0148(COD)
Proposal for a directive
Recital 12
Recital 12
(12) The European Council confirmed that the modalities, including transparency, of the optional free allocation to modernise the energy sector in certain Member States should be improved. Investments with a value of €10 million or more should be selected by the Member State concerned through a competitive bidding process on the basis of clear and transparent rules to ensure that free allocation is used to promote real investments modernising the energy sector in line with the Energy Union objectives. The list of projects, both selected and not, should be public. Investments with a value of less than €10 million should also be eligible for funding from the free allocation. The Member State concerned should select such investments based on clear and transparent criteria set in this Directive. The results of this selection process should be subject to public consultation. The public should be duly kept informed at the stage of the selection of investment projects as well as of their implementation.
Amendment 153 #
2015/0148(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Whereas financial support for regions and sectors which depend on carbon-intensive activities will be essential to implementing a just transition in Europe. The impact of the energy transition on these regions and sectors has to be better assessed and taken into account especially considering the future of those workers who will be affected.
Amendment 155 #
2015/0148(COD)
Proposal for a directive
Recital 13
Recital 13
(13) EU ETS funding should be coherent with other Union funding programmes, including European Structural and Investment Funds, Horizon 2020 and the European fund for Strategic investments so as to ensure the effectiveness of public spending.
Amendment 167 #
2015/0148(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, 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 Article 3d(3), Article 10(4), Article 10a(1) and (8), Article 10b, Article 10d, Article 14(1), Article 15, Article 19(3), Article 22, Article 24, Article 24a and Article 25a of Directive 2003/87/EC. In order to reduce delegations to the minimum, the existing powers in respect of the operation of the special reserve, for attributing quantities of international credits which may be exchanged and placing further standards for what may be exchanged and for further rules on double counting in Article 3f(9), Article 11a(9) and Article 11b(7) of Directive 2003/87/EC are deleted. Acts adopted pursuant to those provisions continue to apply. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. As regards the delegation in respect of Article 10(4) of Directive 2003/87/EC, those Member States which do not use the common platform for auctioning may continue not to do so.
Amendment 182 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Article 6
Paragraph 2
Amendment 183 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Article 7
(2b) Article 7 is amended as follows: Without undue delay, the operator shall inform the competent authority of any planned changes to the nature or functioning of the installation, or any extension or significant reduction of its capacity, which may require updating the greenhouse gas emissions permit. Where appropriate, the competent authority shall update the permit. Where there is a change in the identity of the installation's operator, the competent authority shall update the permit to include the name and address of the new operator.
Amendment 189 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Article 9 paragraph 2
Article 9 paragraph 3
Starting in 2021, the linear factor shall be 2.24%.
Amendment 217 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – subparagraph 2a (new)
Article 1 – paragraph 1 – point 4 – point a – subparagraph 2a (new)
Article 10
Paragraph 1 – subparagraph 3a (new)
Up to 2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a harmonised compensation scheme as set out in article 10a, paragraph 6, of this Directive.
Amendment 226 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b a (new)
Article 1 – paragraph 1 – point 4 – point b a (new)
(ba) paragraph 3 is amended as follows: Member States shall determine the use of revenues generated from the auctioning of allowances, within the frame set hereafter. At least 80% of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in paragraph 2, points (b) and (c), or the equivalent in financial value of these revenues, shall be used for one or more of the following:
Amendment 228 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b b (new)
Article 1 – paragraph 1 – point 4 – point b b (new)
Article 10
Paragraph 3 (a)
(bb) In paragraph 3, the point (a) is modified as follows: to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to the Adaptation Fund as made operational by the Poznan Conference on Climate Change (COP 14 and COP/MOP 4) and to the Green Climate Fund; to adapt to the impacts of climate change and to fund research and development as well as demonstration projects for reducing emissions and for adaptation to climate change, including participation in initiatives within the framework of the European Strategic Energy Technology Plan and the European Technology Platforms;
Amendment 229 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b c (new)
Article 1 – paragraph 1 – point 4 – point b c (new)
Article 10
Paragraph 3 (b)
(bc) In paragraph 3, the point (b) is modified as follows: to develop renewable energies to meet the engagements of using 30 % renewable energies by 2030, as well as to develop other technologies contributing to the transition to a safe and sustainable low- carbon economy and to help meet the engagements to increase energy efficiency by 40 % by 2030;
Amendment 230 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b d (new)
Article 1 – paragraph 1 – point 4 – point b d (new)
Article 10
Paragraph 3 (e)
(bd) In paragraph 3, the point (e) is complemented as follows: the environmentally safe capture and re- use of CO2 (CCU).
Amendment 233 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Article 10
Paragraph 3 (j)
Amendment 244 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Article 10
Paragraph 3 point m (new)
(la) measures which favour the recycling of base materials as a part of the circular economy;
Amendment 248 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c a (new)
Article 1 – paragraph 1 – point 4 – point c a (new)
Article 10
Paragraph 3 new subparagraph
(ca) In paragraph 3, the following subparagraph is added at the end: The abovementioned report made by Member-States to the Commission creates an inventory of the use of revenues and actions taken pursuant to this paragraph which is made public.
Amendment 255 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 10
Paragraph 5
(da) Paragraph 5 is complemented as follows: Refers in this regard to the obligation bore by Member States to inform the Commission as to the use of ETS revenues; underlines that increased transparency would help citizens see how ETS revenues are being used by national authorities.
Amendment 257 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d b (new)
Article 1 – paragraph 1 – point 4 – point d b (new)
Article 10
Paragraph 5a
(db) A new paragraph 5a is added: The Commission shall build a database providing information on the carbon content of products made by the industry covered by the ETS.
Amendment 259 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d d (new)
Article 1 – paragraph 1 – point 4 – point d d (new)
Article 10
Paragraph 6 (new)
(dd) A new paragraph 6 is added: "Every two years Member States shall communicate to the Commission the closures of electricity generation capacity due to national measures. The Commission shall calculate the equivalent number of allowances that these closures represent. Member States may surrender a corresponding volume of allowances and place them into the MSR."
Amendment 265 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Article 10a
Paragraph 1 Subparagraph 2
The Commission shall be empowered to adopt a delegated act in accordance with Article 23. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operationchanges. Any 10% increase or decrease in production expressed as a rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11 should be adjusted with a corresponding amount of allowances by placing allowances into and releasing allowances from the reserve referred to in paragraph 7.
Amendment 278 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 10a
Paragraph 1
(aa) The third paragraph of paragraph 1 is modified as follows: The measures referred to in the first subparagraph shall, to the extent feasible, determine Community-wide ex-ante benchmarks so as to ensure that allocation takes place in a manner that provides incentives for reductions in greenhouse gas emissions and energy efficient techniques, by taking account of the most efficient techniques, substitutes, alternative production processes, high efficiency cogeneration, efficient energy recovery of waste gases, use of biomass, capture and re-use of CO2 and capture and storage of CO2, where such facilities are available, and shall not provide incentives to increase emissions. No free allocation shall be made in respect of any electricity production, except for cases falling within Article 10c and electricity produced from waste gases.
Amendment 349 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Article 10a
Paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mannerapplied so that the 10% best performers of each sector or sub-sector are not impacted.
Amendment 362 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Article 10a
paragraph 6
Amendment 405 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e a (new)
Article 1 – paragraph 1 – point 5 – point e a (new)
Article 10a
Paragraph 7a (new)
(ea) A new paragraph is added: The sectors and sub sectors concerned by paragraphs 1 and 2 of Article 10b will receive free allocations which annual excess, if any, are exclusively dedicated to low carbon investment in the installations belonging to the same sector or sub-sector during the whole fourth period, in conformity with paragraphs b, e, g, l and m(new) of article 10 paragraph 3, as well as with the rules for the public investments financed by free allocations in the article 10c paragraph 2 and 3; the assets coming from the free allocations monetisation during the fourth period have to be paid or engaged for low carbon investments at the latest 12/31/2030. A balance will be made two times during the fourth period, in 2025 and 2030 with a possibility of sanctions under Article 16.
Amendment 409 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Article10a
paragraph 8
paragraph 8
Amendment 447 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Article 10a
Paragraph 8
The Commission shall be empowered to adopt a delegated act in accordance with Article 23, taking due account of the following principles: - Projects should focus on research and innovation for the design and development of breakthrough solutions and implementation of demonstration programmes, including in real industrial environments; - Projects should deliver ambitious reduction in specific GHG emission intensity of at least 20%, with respect to the best available technologies; - The activities should run close-to-market in production plants to demonstrate the viability of breakthrough technologies in overcoming the technological as well as non-technological barriers; - Projects should address technological solutions that could have widespread applications and may combine different technologies; - Solutions and technologies should ideally have the potentials to be transferred within the sector and possibly to other sectors.
Amendment 449 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Article 10a
Paragraph 8 last subparagraph
The last subparagraph of paragraph 8 is modified as follows: Allowances shall be set aside for the projects that meet the criteria referred to in the third subparagraph. Support for these projects shall be given via Member States and shall be complementary to substantial co-financing by the operator of the installation. They could also be co- financed by the Member State concerned, as well as by other instruments and programmes such as EFSI and H2020. No project shall receive support via the mechanism under this paragraph that exceeds 15 % of the total number of allowances available for this purpose. These allowances shall be taken into account under paragraph 7. Monetisation of allowances shall start only in 2022 and be made gradual throughout Phase IV.
Amendment 508 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
3. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices,not at risk of carbon leakage and shall not be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 535 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10b
Paragraph 4 a (new)
4a. A new paragraph is added: Free allocations distributed to the industrial sectors concerned by paragraphs 1 and 2 of this article constitute a temporary adaptation measure for the modernisation of the European energy intensive industries until 2030. After Phase IV, all the allocations will be auctioned.
Amendment 541 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in € at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity productiongenerators for the modernisation and diversification of the energy sector. This derogation shall end after 2030.
Amendment 562 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (b)
(b) ensure that only projects which contribute to the diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies and modernisation of the energy production, transmission and distribution sectors, as well as energy efficiency and energy storage are eligible to bid;
Amendment 576 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (i)
(i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emission reduction and realise a pre- determined significant level of CO2 reductions, in line with Annexes I and II of the European Investment Bank Climate Strategy;
Amendment 580 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (ii)
(ii) are additional, clearly respond to replacement and modernisation needs and do not supply a market-driven increase in energy demand and were not included in the national investment plan for phase 3;
Amendment 593 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (iv) (new)
(iv) promote community-driven integrated approaches;
Amendment 594 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (v) (new)
(v) do not contribute to new coal-fired energy generation capacity nor increase coal-dependency;
Amendment 630 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Article 10 d
Paragraph 1 – subparagraph 3 (new)
They should follow the same criteria as in Article 10c, in particular: (i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emission reduction and realise a pre- determined significant level of CO2 reductions, in line with Annexes I and II of the European Investment Bank Climate Strategy; (ii) are additional, clearly respond to replacement and modernisation needs and do not supply a market-driven increase in energy demand and were not included in the national investment plan for phase 3; (iii) offer best value for money; (iv) promote community-driven integrated approaches; (v) do not contribute to new coal-fired energy generation capacity nor increase coal-dependency;
Amendment 655 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Article 10 d
Paragraph 3 a (new)
3a. A new paragraph 3a is added: Any beneficiary Member State which have chosen to grant transitional free allocation pursuant to Article 10c may transfer these allowances to its share of the Modernisation Fund set out in Annex IIb and allocate them pursuant to the provisions of Article 10d.
Amendment 711 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Article 10 d
Paragraph 7
Amendment 717 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
(7a) The following Article 10e is inserted: Article 10e Just Transition Fund A Just Transition Fund is created as of 2021 as a complement to the European Regional Development Fund and the European Social Fund; it is funded through the pooling of 2% of the auctioning revenues. The revenues of these auctions would remain at the EU level, with the goal to use them for cushioning the social impact of climate policies in regions which combine a high share of workers in carbon-dependent sectors and a GDP per capita well below the EU-average. These auctioning revenues aimed at just transition can be put to use in different ways: - Creating redeployments and/or mobility cells - Education/Training initiatives to re-skill or upskill workers - Support in job search, including paid time-off to search for jobs - Social protection measures - Subsistence allowances - Business creation - Monitoring and pre-emptive measures to avoid or minimise the negative impact of restructuring process on physical and mental health. The core activities to be financed by a Just Transition Fund being strongly related to the labour market, social partners should be actively involved into the fund management – on the model of the ESF committee – and the participation of local social partners should be a key requirement for projects to get funding.
Amendment 718 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Article 11
Paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the five years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent five years shall be submitted every five years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the five calendar years preceding its submission. Production activity shall be updated yearly in order to allow for a more dynamic allocation. Free allocations shall only be given to installations where such information is provided.
Amendment 746 #
2015/0148(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
(13 a) In article 15a, the following paragraph is added: Allowances have to be published on the operators' annual accounts and the European Union encourages the resumption of work on an international accounting standard in this field.
Amendment 763 #
2014/2145(INI)
Motion for a resolution
Paragraph 37 – indent 2
Paragraph 37 – indent 2
– a social dimension, including a minimum wage mechanism, which must respect national practices and industrial relations systems and have the support of national trade unions, and a minimum unemployment benefit scheme, for the euro area, and in-depth reforms to favour mobility,
Amendment 92 #
2014/2144(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission, as a key element in building the Digital Single Market, to present a proposal aimed at allowing Member States to apply reduced VAT rates to books - and possibly also other media products - provided in a digital format; notes that the current situation, where reduced rates can only be applied to books if they are provided on physical means of support, is not in line with the principle of subjecting similar goods and services to the same VAT rates;
Amendment 282 #
2014/2144(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Underlines the importance of not creating tax structures that exacerbate social inequalities; stresses that large inequalities are not only unacceptable per se, but could also have negative effects on economic growth;
Amendment 284 #
2014/2144(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Stresses, in line with Commission observations, that environmental taxes are relatively growth-friendly and that shifts towards this field of taxation could therefore be beneficial to growth;
Amendment 286 #
2014/2144(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the fact that MSs’ taxation policy on environmental taxes should be aligned with the EU 2030 strategy; recognises that an increase in environmental taxes has the potential to generate revenues, growth and jobs; calls on the Commission to come forward with appropriate legislative proposals;
Amendment 1 #
2014/2122(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes note of the observation made by the Commission, in its recent report on the operation of the European Supervisory Authorities (ESAs) and the ESFS, that, in spite of difficult circumstances, the ESAs have quickly established well-functioning organisations which, overall, have performed well against their broad range of tasks, while facing increasing demands with limited human resources;
Amendment 4 #
2014/2122(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that ESMA’s role in promoting a common supervisory regime across the Single Market is essential to ensure better integrated, more efficient and safer financial markets in the EU;
Amendment 5 #
2014/2122(DEC)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasizes, without questioning that overall opinion, that ESMA needs to get its act together on a couple of minor points highlighted by the Court; finds the 2013 situation regarding late payments of bills and incorrectly paid VAT to be unacceptable;
Amendment 9 #
2014/2122(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges that the ESFS is still in a setting-up phase and stresses that the tasks already entrusted to ESMA, as well as future tasks envisaged in on-going legislative work, require an adequate level of staff and budget to allow for satisfactory supervision; emphasizes that, as a general principle, additional tasks should be accompanied by additional resources; stresses however that any potential increases in its means should be preceded and/or complemented by rationalisation efforts wherever possible;
Amendment 14 #
2014/2122(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that, given its limited resources, ESMA must stick strictly to the tasks assigned to it by the Union legislator and; underlines that ESMA should carry out those assignments in full, but that it must not seek to de facto broaden its mandate beyond those assignmentsem;
Amendment 17 #
2014/2122(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that ESMA, while waiting for a stronger mandate on consumer protection, should seek to make broader and more active use of already available powers in that field; underlines that intensified consumer-focused collaboration with the other ESAs through the Joint Committee would be a positive step forward in this regard;
Amendment 24 #
2014/2122(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Concludes that ESMA’s mixed financing arrangement is inflexible, burdensome and a potential threat to its independence; therefore calls on the Commission to reconsider the financing arrangement in favour of an independent separate budget line fromin the EU budget and the introductionan extended use of fees by market participants.
Amendment 1 #
2014/2121(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes note of the observation made by the Commission, in its recent report on the operation of the European Supervisory Authorities (ESAs) and the ESFS, that, in spite of difficult circumstances, the ESAs have quickly established well-functioning organisations which, overall, have performed well against their broad range of tasks, while facing increasing demands with limited human resources;
Amendment 4 #
2014/2121(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that EIOPA’s role in promoting a common supervisory regime across the Single Market is essential to ensure a better integrated, more efficient and safer insurance and pension sector in the EU;
Amendment 7 #
2014/2121(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Acknowledges that the ESFS is still in a setting-up phase and stresses that the tasks already entrusted to EIOPA, as well as future tasks envisaged in on-going legislative work, require an adequate level of staff and budget to allow for satisfactory supervision; emphasizes that, as a general principle, additional tasks should be accompanied by additional resources; stresses however that any potential increases in its means should be preceded and/or complemented by rationalisation efforts wherever possible;
Amendment 13 #
2014/2121(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that, given its limited resources, EIOPA must stick strictly to the tasks assigned to it by the Union legislator and; underlines that EIOPA should carry out those assignments in full, but that it must not seek to de facto broaden its mandate beyond those assignmentsem;
Amendment 15 #
2014/2121(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that EIOPA, while waiting for a stronger mandate on consumer protection, should seek to make broader and more active use of already available powers in that field; underlines that intensified consumer-focused collaboration with the other ESAs through the Joint Committee would be a positive step forward in this regard;
Amendment 23 #
2014/2121(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Concludes that EIOPA’s mixed financing arrangement is inflexible, burdensome and a potential threat to its independence; therefore calls on the Commission to reconsider the financing arrangement in favour of an independent separate budget line fromin the EU budget and the introduction of fees by market participants.
Amendment 1 #
2014/2120(DEC)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Takes note of the observation made by the Commission, in its recent report on the operation of the European Supervisory Authorities (ESAs) and the ESFS, that, in spite of difficult circumstances, the ESAs have quickly established well-functioning organisations which, overall, have performed well against their broad range of tasks, while facing increasing demands with limited human resources;
Amendment 4 #
2014/2120(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that EBA’s role in promoting a common supervisory regime across the Single Market is essential to ensure a better integrated, more efficient and safer banking sector in the EU;
Amendment 8 #
2014/2120(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. ATakes note of the conclusion of the European Court of Auditors, in its special report 2014/05, that, overall, EBA's resources during its start-up phase were insufficient to allow it to fulfil its mandate; acknowledges that the ESFS is still in a setting-up phase and stresses that the tasks already entrusted to EBA, as well as future tasks envisaged in on-going legislative work, require an adequate level of staff and budget to allow for satisfactory supervision; emphasizes that, as a general principle, additional tasks should be accompanied by additional resources; stresses however that any potential increases in its means should be preceded and/or complemented by rationalisation efforts wherever possible;
Amendment 14 #
2014/2120(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that, given its limited resources, EBA must stick strictly to the tasks assigned to it by the Union legislator and; underlines that EBA should carry out those assignments in full, but that it must not seek to de facto broaden its mandate beyond those assignmentsem;
Amendment 18 #
2014/2120(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Takes note of the European Court of Auditors’ special report 2014/05 and urges EBA to tackle the shortcomings outlined in that report regarding the functioning of the new arrangements in respect of cross- border banking supervision, the assessment of the resilience of European banks and the promotion of consumer protection ; urges EBA, with respect to those parts of the recommendations that are not exclusively addressed to the Commission or to the co- legislators, to take appropriate measures aimed at tackling these shortcomings;
Amendment 19 #
2014/2120(DEC)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that EBA, while waiting for a stronger mandate on consumer protection, should seek to make broader and more active use of already available powers in that field; underlines that intensified consumer-focused collaboration with the other ESAs through the Joint Committee would be a positive step forward in this regard;
Amendment 25 #
2014/2120(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. Concludes that EBA’s mixed financing arrangement is inflexible, burdensome and a potential threat to its independence; therefore calls on the Commission to reconsider the financing arrangement in favour of an independent separate budget line fromin the EU budget and the introduction of fees by market participants.
Amendment 3 #
2014/2059(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Commission Communication of 6 December 2012 on An Action Plan to strengthen the fight against tax fraud and tax evasion (COM(2012)0722),
Amendment 87 #
2014/2059(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses, therefore, the importance of continuing the process of deep and, balanced and socially sustainable structural reforms to deliver on growth and jobs; reiterates, in this connection, the fact that the EU cannot and should not primarily compete on costs alone, but needs to invest much more in research and development, education and skills, and resource efficiency, both at national and European level;
Amendment 144 #
2014/2059(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that the social partners, with full respect for their autonomy and rights, should be much more actively involved in the European Semester; underlines that strong social dialogue at all levels is a crucial key to making the European labour market work;
Amendment 194 #
2014/2059(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Deplores that the gender equality aspect is often neglected in the framework of the European Semester; stresses that structural reforms to enhance gender equality are essential in building stronger economies and that this factor should never be overlooked in economic analyses or recommendations;
Amendment 226 #
2014/2059(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses that the social dimension should be comprehensively strengthened throughout the system of EU economic governance; welcomes the proposal of Jean-Claude Juncker, in his political guidelines for the next European Commission presented to the European Parliament in July 2014, to make any future support or reform programme subject to a social impact assessment;
Amendment 239 #
2014/2059(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Underlines that fair and equal treatment of workers is a crucial key to building a more dynamic internal labour market; stresses, in line with the political guidelines for the next European Commission presented by Mr Jean- Claude Juncker in July 2014, that social dumping has no place in the EU and that the same work at the same place should be remunerated in the same manner;
Amendment 249 #
2014/2059(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses, once again, its call on Member States to simplify their tax systems and reiterates its call to shift taxes from labour to consumption to make the use of resources more efficient and sustainable; calls on the Commission; calls on the Commission, drawing from the experiences of delivering on the 2012 Action Plan in this area to take urgent action and develop a comprehensive strategy based on concrete legislative measures to fight tax fraud and tax evasion;
Amendment 283 #
2014/2059(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Believes that the biggest limitations on the EU economy isare the low level of private investment and the lack of leverage effect from the public investment at the current level;
Amendment 1 #
2014/2040(BUD)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Welcomes the preference of the Commission to put strong emphasis on innovation, competitiveness, growth and jobs by making subheading 1.1 – which covers key policies to promote positive developments in those fields – highly prioritised in its draft budget;
Amendment 7 #
2014/2040(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the European Parliament has strongly supported and very actively contributed to the creation of the European Supervisory Authorities (ESAs) and believes that the Union needs to further improve the supervision at Union level; believes that, besides the ECB, the ESAs are a cornerstone of fully functioning financial markets in the Union and are essential for the economic recovery and the creation of jobs and growth in Europe, as well as for the prevention of future crises in the financial sector.
Amendment 14 #
2014/2040(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Stresses that the additional tasks entrusted to the ESAs, in particular the monitoring of proper implementation of new EU law and compliance with new legal acts, and the new mandates stemming inter alia from the banking union legislation, as well as future tasks envisaged in planntabled legislative proposals, will require appropriate budgetary means in order to fulfil their supervisory and regulatory role as provided for in the ESA regulations;
Amendment 19 #
2014/2040(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3 Expresses therefore its concerns with respect to the Commission proposal for a considerable decrease in payment appropriations for the three ESAs, in comparison to their respective budgets for 2014 as well as the Commission proposal to keep the number of establishment plan posts of the ESAs stable at the level of 2014 in 2015; cannot see any reasonable logic in the Commission's approach in this case of reducing the budgets of authorities placed in the "new tasks" category;
Amendment 20 #
2014/2040(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Regrets that the Council has chosen the same overly restrictive line as the Commission regarding the appropriations for the ESAs;
Amendment 23 #
2014/2040(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the ESAs need the appropriate human resources in order to fulfil their supervisory and regulatory role in a satisfactory manner; suggests that eventualunderlines that increases in human resources should always be preceded and/or accompanied by rationalisation efforts such as reallocation to achieve efficiency gains; points out that the ESAs stated havinghave difficulties in employing staff members of a certain seniority and are limited inrestrained from fulfilling their mandates by a lack of resources,the fact that staff and other available resources do not reflect the tasks required to be carried out, in particular the highly resource intensive and time- constrained work of delivering the single rulebook.
Amendment 28 #
2014/2040(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that the Chair, Executive Director and the members of the Board of Supervisors and Management Boards should be in a position to act independently and only, objectively and in the interest of the Union as a whole; considers that compulsory contributions of the competent authorities of the Member States could conflict with the independence of the ESAs; believes that the current financing arrangements of the ESAs based on a mixed and nationally oriented financing system are inflexible, create administrative burdens and might pose a threat to their independence.
Amendment 31 #
2014/2040(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls therefore on the Commission to propose a financing system by 2017 that: - is solely based on the introduction of fees by market participants., or - combines fees by market participants with basic funding from the EU budget;
Amendment 34 #
2014/2040(BUD)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses, in this context, that such a new financing system must be designed in a way which fully safeguards the integrity of the ESAs vis-à-vis the actors in the financial sector;
Amendment 35 #
2014/2040(BUD)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Underlines that it is crucial, not least for the enhancement of the coordinated fight against tax fraud and evasion, that the Fiscalis 2020 programme gets off to a good start; notes that the relatively modest appropriations proposed by the Commission in this area could be seen as acceptable; stresses, however, that the reductions from the Commission level suggested by the Council could undermine planned Fiscalis 2020 activities and should therefore not be accepted;
Amendment 36 #
2014/2040(BUD)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Emphasizes that the resources allocated to statistics must continuously reflect the heavy workload and high quality demands in this policy area, not least when it comes to the delivery of crucial economic and financial data; stresses that the relevant appropriations in the 2015 budget must not be any smaller than what has now been proposed by the Commission; disagrees, therefore, with the Council line of taking key appropriations down from the Commission level;
Amendment 287 #
2014/0091(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Action is needed to further develop complementary private retirement savings such asin the form of occupational pensions. This is important since social-security systems are coming under increasing pressure, which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future, for many citizens, the occupational pension is a valuable addition to what is provided through the social-security pension system. Occupational retirement pensions should therefore be developed, without, however, calling into question the fundamental importance of social-security pension systems in terms of secure, durable and effective social protection, which should for all citizens guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the European social model.
Amendment 296 #
2014/0091(COD)
Proposal for a directive
Recital 5
Recital 5
(5) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, notably, the right to protection of personal data, the right to conduct a business, the right to information and consultation within the undertaking, the right of collective bargaining and action and the right to a high level of consumer protection, in particular by ensuring a higher level of transparency of retirement provisioning, informed personal financial and retirement planning as well as facilitating cross-border business of institutions for occupational retirement provision and businesses. This Directive must be implemented in accordance with these rights and principles.
Amendment 342 #
2014/0091(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Institutions for occupational retirement provision are financial service providers whichactors with a social set-up and purpose which operate in the area of financial services. These institutions bear a heavy responsibility for the provision of occupational retirement benefits and should therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation.
Amendment 389 #
2014/0091(COD)
Proposal for a directive
Recital 37
Recital 37
(37) Remuneration policies which encourage excessive risk-taking behaviour can undermine sound and effective risk management of institutions. Principles and disclosure requirements for remuneration policies applicable to other types of financial institutions in the Union should be made applicable also to institutions, bearing in mind, however, the particular governance structure of institutions in comparison to other types of financial institutions and the need to take account of the size, nature, scope and complexity of the activities of institutions. The provisions on remuneration should be without prejudice to the rights, where applicable, of the social partners to conclude and enforce collective agreements, in accordance with national law and customs.
Amendment 392 #
2014/0091(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) An active role of social partners in the management of the institutions is key to ensuring that the institutions act in a responsive and responsible way. The provisions on governance in this Directive should therefore be without prejudice to rules and practices aimed at guaranteeing or facilitating such a role, such as national legislation on the representation of employees in the management or supervisory body.
Amendment 395 #
2014/0091(COD)
Proposal for a directive
Recital 39
Recital 39
(39) All persons that perform key functions should be fit and proper. However, only the key function holders should be subject to notification requirements to the competent authority. Where at least one of the persons performing key functions is a representative of the social partners, it should be possible for the institution to fulfil the fit and proper requirements in a collective assessment involving all, or a relevant subgroup of, the persons performing key functions.
Amendment 558 #
2014/0091(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Where at least one of the persons having key functions is a representative of the social partners, Member States shall ensure that the institution can fulfil the requirements laid down in paragraph 1 by means of a fit and proper assessment where all, or a relevant subgroup of, the persons having key functions are evaluated on a collective basis.
Amendment 571 #
2014/0091(COD)
Proposal for a directive
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The provisions on remuneration in this Article are without prejudice to the rights, where applicable, of the social partners to conclude and enforce collective agreements, in accordance with national law and customs.
Amendment 581 #
2014/0091(COD)
Proposal for a directive
Article 25 – paragraph 6 – point a
Article 25 – paragraph 6 – point a
(a) when the person or organisational unit carrying out the key function has detected a risk that the institution is unlikely to comply with a materially significant statutory requirement and reported it to the administrative, management or supervisory body of the institution;
Amendment 582 #
2014/0091(COD)
Proposal for a directive
Article 25 – paragraph 6 – point b
Article 25 – paragraph 6 – point b
(b) when the person or organisational unit carrying out the key function has observed a materially significant breach of the legislation or regulations applicable to the institution and its activities in the context of the key function of that person or organisational unit and reported it to the administrative, management or supervisory body of the institution.
Amendment 584 #
2014/0091(COD)
Proposal for a directive
Article 25 – paragraph 7 a (new)
Article 25 – paragraph 7 a (new)
7a. With regard to employees in functions other than those referred to in paragraphs 4 to 7, Member States shall ensure that competent authorities establish effective, reliable and confidential mechanisms to encourage reporting of potential or actual breaches of national provisions transposing this Directive to them. These mechanisms shall include appropriate protection for employees at least against retaliation, discrimination or other types of unfair treatment.
Amendment 585 #
2014/0091(COD)
Proposal for a directive
Article 25 – paragraph 7 b (new)
Article 25 – paragraph 7 b (new)
7b. Member States shall require institutions to have in place appropriate procedures for the employees referred to in paragraph 7a to report breaches internally through a specific, independent, autonomous and confidential channel. Such a channel may also be provided through arrangements provided for by social partners. The same protection as referred to in paragraph 7a shall apply.
Amendment 144 #
2014/0020(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Remuneration policies which encourage excessive risk-taking can undermine sound and effective risk management of banks. By complementing relevant existing Union law in this area, and while respecting the rights and roles of social partners, remuneration provisions should contribute to preventing circumvention of the prohibition of proprietary trading. Similarly, it should curtail any residual or hidden proprietary trading activity by core credit institutions when carrying out prudent risk management.
Amendment 187 #
2014/0020(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Separation entails changes to the legal, organisation and operational structure of affected banking groups, all of which generate costs. In order to limit the risk of costs being passed on to clients or employees and grant the credit institutions the time necessary to execute a separation decision in an orderly fashion, separation should not be applicable immediately upon entry into force of the Regulation but apply as of [OP please enter the exact date 18 months from the date of publication of this Regulation].
Amendment 189 #
2014/0020(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) The active involvement of employees is a key to making separation work. When planning for separation, the group or credit institution should ensure that there are procedures in place to inform and consult with employees and their representatives throughout the separation process. Where applicable, collective agreements, or other arrangements provided for by social partners, should be taken into account in this regard.
Amendment 201 #
2014/0020(COD)
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45 a) The provisions on remuneration in this Regulation should be without prejudice to the full exercise of fundamental rights guaranteed by Article 153(5) TFEU, and the rights, where applicable, of the social partners to conclude and enforce collective agreements, in accordance with national law and customs.
Amendment 356 #
2014/0020(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Without prejudice to the remuneration rules laid down in Directive 2013/36/EU, the remuneration policy of the entities referred to in Article 3 shall be designed and implemented in such a way that it does not, directly or indirectly, encourage or reward the carrying out by any staff member of activities prohibited in Article 6(1). Social partners shall, where applicable, be consulted in this process, with respect for their rights to conclude and enforce collective agreements.
Amendment 577 #
2014/0020(COD)
Proposal for a regulation
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
The management body shall ensure that the remuneration policy of the core credit institution is in line with the provisions set out in the first subparagraph, acting on the advice of the risk committee, where such a committee is established in accordance with Article 76(3) of Directive 2013/36/EU. In doing this, the management body shall, where applicable, consult the social partners.
Amendment 661 #
2014/0020(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point b a (new)
Article 18 – paragraph 2 – subparagraph 2 – point b a (new)
(b a) a description of the procedures to be used for informing and consulting with employees and their representatives throughout the separation process;
Amendment 808 #
2014/0020(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
(b a) whether and to what extent a natural person not holding a management position has merely followed internal rules, instructions or practices;
Amendment 815 #
2014/0020(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) appropridequate protection for persons working under a contract of employmentees, who report breaches or who are accused of breaches, against retaliation, discrimination or other types of unfair treatment;
Amendment 818 #
2014/0020(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Member States shall require employers to have in place appropriate internal proceduresmechanisms, to which paragraph 2 of this article shall be applied, for their employees to report breaches referred to in Article 28(1). Such mechanisms can be established through collective agreements or other arrangements provided for by social partners.
Amendment 9 #
2013/2945(RSP)
Motion for a resolution
Citation 9
Citation 9
– having regard to the fact that accession negotiations with Turkey were opened on 3 October 2005 and that the opening of such negotiations is the starting point for a long- lasting and open-ended process based on fair and rigorous conditionality and the commitment to reform, with the common goal of full EU membership as soon as the membership criteria' are fulfilled,
Amendment 14 #
2013/2945(RSP)
Motion for a resolution
Citation 12
Citation 12
– having regard to the fact that full compliance with the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remains the basis for accession to the EU,
Amendment 116 #
2013/2945(RSP)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned that no progress had been made regarding anti-discrimination legislation and that the current anti- discrimination laws are insufficient and not in line with the EU acquis; stresses the urgent need for comprehensive anti- discrimination legislation and the establishment of an anti-discrimination and equality board to protect individuals against discrimination based on ethnicity, religion, gender, age, disability, sexual orientation or sexual identity;
Amendment 144 #
2013/2945(RSP)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reiterates the importance of active and independent civil society organisations (CSO's) for democracy; underlines the importance of dialogue with them and stresses their crucial role in contributing to enhanced regional cooperation on social and political aspects; is therefore worried that CSO's continue to face fines, closure proceedings, and administrative obstacles to their operations and that consultation of CSO's remains to be an exception rather than the rule; welcomes the Turkish governments improved cooperation with NGOs, but calls for their broader consultation in policy-making, including the formulation of policies and legislation and in the monitoring of activities of the authorities;
Amendment 203 #
2013/2945(RSP)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights the problem of women not having equal access to education, the labour market and politics; underlines that further continuous work is needed to turn gender equality legislation into political, social and economic reality; encourages the Turkish government to ensure this, to proactively promote changes in stereotypes and in the perception of gender roles in all spheres; stresses the importance of mainstreaming gender equality in the legislative process and in the implementation of laws;
Amendment 237 #
2013/2945(RSP)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes the limited progress in the areas of labour and trade union rights; regrets that the legislation on trade unions rights is still not in line with EU and ILO standards and that collective action by trade unions suffers numerous restrictions; calls on Turkey to continue working on new legislation in this area to ensure that it is in line with the EU acquis and ILO conventions;
Amendment 358 #
2013/2277(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Deplores the lack of respect for the rights, role and autonomy of social partners that the Troika has shown in its work with programme countries; underlines that all present and future programmes of this kind must be built on full respect for the rights of workers and employers, for the role of social partners and for national practices and institutions for wage formation;
Amendment 436 #
2013/2277(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is concerned about the weakening of social dialogue in programme countries – for example seen in a sharply declining coverage of collective agreements in Spain – and the negative effects that this has brought about in the labour market; underlines that strengthening the social dialogue is now a crucial key to improving the overall social situation;
Amendment 570 #
2013/2277(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Deplores that the gender equality aspect has to a large extent been absent in the work of the Troika; stresses that enhanced gender equality is an important key to building stronger economies and that this factor should never be overlooked in economic analyses or recommendations;
Amendment 95 #
2013/2176(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Believes Member States should be encouraged to promote the retention of older workers on the labour market by encouraging the extension of working lives, by measures to enhance knowledge about health and safety at work and by developing flexible labour markets and valuing experience;
Amendment 173 #
2013/2176(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the main barriers facing start-ups and affecting the development of high-growth SMEs are access to and cost of finance, burdensomelack of knowledge about regulations, indirect labour costs, access to export markets, average payment times and skills shortages;
Amendment 174 #
2013/2176(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the introduction of the ‘SME test’; believes that mitigating measures must be introduced, e.g. longer implementation time, fewer inspections or lighterbetter and more effective inspections and guidelines to simplify firms’ paperwork, but without creating a two-tier labour market;
Amendment 183 #
2013/2176(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Believes that Member States must be encouraged to share best practice on innovative ways to reduce bureaucracy and red tape and improve mutual communication, particularly for SMEs and micro- enterprises;
Amendment 190 #
2013/2176(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses the need for efficient regulation that canand clearly worded regulation with guidelines that enable it to be implemented in a simple manner and can help entrepreneurs operate within the rule of law and benefit from the opportunities and protection afforded by employment and health and safety legislation;
Amendment 196 #
2013/2176(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes the Commission’s review of the ‘Top 10’ most burdensome laws for SMEs; believes there is a need to ensure that the EU takes account of the specific needs of, and considers support measures for. businesses, in particular SMEs and micro-enterprises, in the policy process;
Amendment 204 #
2013/2176(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the new health and safety strategy; hopes it willconsiders that it should take account of the present and future development and needs of working life and focus on simplclarification, prevention and better implementation of existing legislation instead of additional regulationto ensure workers’ health and safety;
Amendment 212 #
2013/2176(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that one response to the top ten consultation conclusion is that the Working Time Directive is complex and inflexible and in many cases requires SMEs to obtain costly specialised legal assistance; calls on the Commission to produce its detailed impact assessment as a matter of urgency; and at the same time to consider what short- and long-term effects an amendment to the directive would have for European workers;
Amendment 217 #
2013/2176(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that the Temporary Agency Workers Directive has also been identified as hampering businesses’ ability to work across borders by creating administrative burdens and disproportionate requirementCalls for better guidelines to enhance businesses’ knowledge of current European and national rules on temporary agency workers;
Amendment 223 #
2013/2176(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Commission and the Member States to act with speed and ambition to reduce the regulatory burden on SMEs, while ensuring that any proposed solutions are evidence- based and take into account social rights including health and safety;
Amendment 235 #
2013/2176(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on MEPs to make full use of the Impact Assessment and European Added Value Directorate in order to scrutinise the cost and other consequences of proposals on draft policy;
Amendment 243 #
2013/2176(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission to address the negative effects that the accumulation ofEU legislation has on businesses, particularly with regard to the aspects of lack of knowledge and overall perception of EU legislof EU legislation and lack of support for its practical application, especially in the area of employment and health and safety legislation;
Amendment 252 #
2013/2176(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission, in the context of the REFIT programme, to ensure that all legislation is doing what it was intended to do and to identify areas where there are excessive burdens, inconsistencies or ineffective measures, particularly in the area of employment and social affairs;
Amendment 266 #
2013/2176(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission and the co- legislators, in the context of the Posting of Workers Directive, to ensure that any measures adopted are proportionate and to limit the burdens on businesses seeking to benefit from the freedom to provide services without reducing worker protection or limiting Member States’ ability to adopt controls on compliance;
Amendment 273 #
2013/2176(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the EU to work with Member States and universities to coordinate and make full use of EU funding sources such as ESF, ERDF and Horizon 2020, in order to allocate funding for long-term research into working life and promote an entrepreneurial culture, particularly among young people;
Amendment 1 #
2013/2157(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the Commission Communication of 6 December 2012 on An Action Plan to strengthen the fight against tax fraud and tax evasion (COM(2012)0722),
Amendment 41 #
2013/2157(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the importance of continuing the process of deep and sustainable structural reforms; stresses that the EU cannotshould compete on costs alone, but needs towith knowledge rather than on costs, investing more consistently and at much higher levels in research and development, education and skills, and resource efficiency, at both national and European level;
Amendment 75 #
2013/2157(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the Commission that the Member States need to continue to pursue growth-friendly fiscal consolidation; calls on Member States with sufficient fiscal space to reduce taxes and social security contributions with a view to stimulating private investment, in order to make the consolidation efforts more efficient, to enhance investments in education, R&D, welfare, the green transformation and active labour market policies with a view to stimulating sustainable growth and job creation;
Amendment 90 #
2013/2157(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses that structural reforms need to be complemented bymust include the build-up of more solid capacities to maintain strong longer-term investments in education, research, innovation and sustainable energy; believes that public-private partnerships are more successful in delivering growth than public investment programmes alone, complementing public investment programmes, could be successful in delivering smart and sustainable growth;
Amendment 95 #
2013/2157(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to simplify their tax systems and reiterates its call for them to shift taxes from labour to consumption and environmentally harmful activities in order to make resource use more efficient and sustainable; calls for urgent action to be taken and a comprehensive strategy basstronger and more consistent action to be taken on the basis of the Commission's comprehensive Action Plan, launched oin concrete legislative measures to be launched by the Commission to fight tax fraud and tax evasion2012, to strengthen the fight against tax fraud and tax evasion; calls on the Commission to, when needed, update and expand this Action Plan in order to make sure that it remains an efficient tool for concrete legislative delivery in this area;
Amendment 100 #
2013/2157(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on Member States to commit to the ambitious but realistic target of at least halving the tax gap by 2020; calls for coordinated action aimed at achieving this target to be established as a vital and highly prioritised line of work within the framework of the European Semester;
Amendment 118 #
2013/2157(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that social partners, on the basis of full respect for their autonomy and rights, should be much more actively involved in the European Semester; underlines that strong social dialogue at the national and European level is a crucial key to making the common labour market work;
Amendment 140 #
2013/2112(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Points out that the Europe 2020 Strategy draws attention to the need for more women on the labour market, and considers that workplace inspectors should have a knowledge of the working conditions of both women and men;
Amendment 144 #
2013/2112(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Takes the view that the Commission’s Advisory Committee on Safety and Health at Work should be regularly updated on developments in the Member States in the field of labour inspectorates and health and safety at work;
Amendment 145 #
2013/2112(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Takes the view that these health and safety aspects should also be taken into account in the forthcoming EU strategy on safety and health at work;
Amendment 165 #
2013/2112(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to introduce a forgery-proof European social security card, on which would be stored all the data needed to verify the bearer’s employment relationship, including details of social security cover and working hours, for example, and which would be subject to strict data-protection rules, particularly where privacy-sensitive personal data is processed; therefore stresses the importance, before and during the whole process of developing such a card, of carefully examining its impact on privacy;
Amendment 194 #
2013/2112(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Criticises the Commission’s suggestion, in relation to the directive on the enforcement of the Posting of Workers Directive, for closed lists of measures restricting national powers of inspection; considers it important that national labour inspectorates and employee organisations should be able to conduct inspections in every case where they deem it needful to do so;
Amendment 59 #
2013/2077(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Underlines that the REFIT agenda launched by the Commission must not undermine or weaken existing EU legislation in the fields of occupational health and safety or information and consultation of workers; stresses that the Commission should carefully reconsider the approach it has so far taken on these issues;
Amendment 61 #
2013/2077(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Emphasizes that improving the health and safety at work and the information and consultation of workers are two important keys to strengthening productivity and competitiveness in the European economy; stresses that strong and stable regulation in those areas does not hamper, but rather contributes to growth;
Amendment 64 #
2013/2077(INI)
Motion for a resolution
Paragraph 12 g (new)
Paragraph 12 g (new)
12g. Stresses that the REFIT agenda must never become an excuse for not respecting agreements made between social partners at the European level in line with Art 155 TFEU; underlines that such agreements should without exemption be properly implemented;
Amendment 1 #
2013/2025(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Commission communication of 6 December 2012 on An Action Plan to strengthen the fight against tax fraud and tax evasion (COM(2012)0722),
Amendment 2 #
2013/2025(INI)
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the Commission recommendation of 6 December 2012 on aggressive tax planning (C(2012)8806),
Amendment 3 #
2013/2025(INI)
Motion for a resolution
Citation 7 c (new)
Citation 7 c (new)
- having regard to the Commission recommendation of 6 December 2012 regarding measures intended to encourage third countries to apply minimum standards of good governance in tax matters (C(2012)8805),
Amendment 5 #
2013/2025(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the OECD report on "Addressing Base Erosion and Profit Shifting"1,
Amendment 7 #
2013/2025(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the final Statement of the G20 Meeting of Finance Ministers and Central Bank Governors in Moscow, 15-16 February 20132,
Amendment 8 #
2013/2025(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU economies have a rather modest outlook for economic growth; 1 http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/ecofin/135430.pdf 2 http://www.g20.org/news/20130216/781212902.html– particularly given the weak focus in the current policy mix on investment, competitiveness, employment and fair and efficient taxation – have a negative outlook for economic growth and employment rates; Or. en
Amendment 14 #
2013/2025(INI)
Motion for a resolution
Recital B
Recital B
B. whereas since the outbreak of the recent debteconomic crisis, the structure of tax revenues has quite significantly changed in a number of Member States, and the related structural and cyclical effects of this modification are hard to distinguish;
Amendment 17 #
2013/2025(INI)
Motion for a resolution
Recital C
Recital C
C. whereas, because of the debteconomic crisis, the Member States are facing the difficult challenge of having to balance their budgets and promote economic growth at the same time;
Amendment 20 #
2013/2025(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the debtfinancial crisis has led to a financial anbroad economic crisis and, at the same time, to the gradu, including a general slow-down of the EU economy;
Amendment 30 #
2013/2025(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the need to restore the credibility of budgetary policy, and reduce the sovereign debt, makes it necessary to reducfind a proper balance between reducing some budget expenses, introduceing growth-friendly structural reforms and, at the same time, to increaseing some taxes, taking care to give priority to growth- oriented fiscal measures and to those taxes that are levied more on consumptionapital and environmentally harmful activities than on labour;
Amendment 34 #
2013/2025(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas active and well-calibrated policy development in the field of environmental taxation is a vital key to enhancing growth and to making growth prospects sustainable;
Amendment 37 #
2013/2025(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas there is a very substantial tax gap in Europe: an estimated EUR 1 trillion in public revenue is lost every year in the EU because of tax fraud and tax avoidance, representing a yearly cost of around EUR 2000 to every EU citizen;
Amendment 39 #
2013/2025(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that taxation policy still remains a national competence and that the different tax systems of the Member States have therefore to be respected; notes that any change with regard to taxation policy, especially the transfer of competences in the area of taxation from the national to the Union level, requires a change in the Treaty, which in turn requires the unanimous agreement of all Member States;
Amendment 52 #
2013/2025(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes theNotes that fair and healthy competition between different tax systems that exists in the Single Market, as this competition boosts, accelerates and stimulates the European economies could have some positive effects on the European economies, if focused on facilitating compliance, improving predictability and reducing the administrative burden; underlines, on the other hand, that harmful tax competition has a very detrimental economic impact, opening up for aggressive tax planning, double non-taxation and unfair market conditions in general;
Amendment 57 #
2013/2025(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that besides ensuring compliance with the sustainable fiscal policies, in order to achieve economic balance it is necessary to implement growth-conducive measures such as viable tax reductions; fighting tax fraud and evasion, countering aggressive tax planning, broadening tax bases, minimising tax- related cross-border obstacles in the single market and shifting taxation towards more growth-friendly fields;
Amendment 63 #
2013/2025(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Asks the Commission and the Member States to cooperate further in order to ensure thefull transparency of tax policy for both citizens and enterprises, and to reduce further; calls on Member States to decisively reduce all legal gaps and uncertainties that may create possibilities for tax evasion and tax fraud;
Amendment 72 #
2013/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Emphasises that a reliable tax environment is an important prerequisite for investment, growth and job creation; recommends, therefore, that Member States proceed carefully when altering existing taxes and introducing new taxes, ensuring that they areis is done in a growth- friendly way and that individuals and the business sector hasve sufficient time to prepare itself before the new fiscal measures enter into force;
Amendment 74 #
2013/2025(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the importance of not creating tax structures that exacerbate social inequalities; stresses that large inequalities are not only unacceptable per se, but could also have detrimental consequences for economic growth;
Amendment 76 #
2013/2025(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Is concerned about the effects that the general shift in many Member States towards more extensively taxing consumption could have on social inequalities; stresses that since such taxes often have the strongest impact on low- income households, the troublesome result could be that these households are forced to take a larger share of the overall tax burden; calls on Member States to be attentive to this potential problem, to consider appropriate compensatory measures and to carefully study the negative implications of eroding the progressivity of the tax system as a whole;
Amendment 78 #
2013/2025(INI)
Motion for a resolution
Subheading 2
Subheading 2
Identifying hidden resources that could contribute tostrategies for enhancing economic growth through taxation policy
Amendment 82 #
2013/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that economic growth is basically generated by three factors: labour, capital and technological progress, and that taxation policy should be adjustedpay careful attention to these factors in the short, medium and long term;
Amendment 86 #
2013/2025(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that taxation policy cshould operate in a new way based on a two-step model, designed with the aim of boosting the economy and creating new demands in the long term, whereby the first step would consist of tax reductions onbe designed with the aim of boosting the economy, inter alia by building tax structures that facilitate export- oriented activities, and the second step of tax adjustments that stimulate job creation;
Amendment 91 #
2013/2025(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that reducing taxes on research and development has benefits in the long termwould most likely have benefits in the long term, in particular if part of a balanced overall taxation strategy;
Amendment 96 #
2013/2025(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that tax cuts should be based on a solid and carefully planned fiscal policy, where the sustainability of public finances is in no way put in danger, and accompanied by measures aimed at increasing growth and employment;
Amendment 99 #
2013/2025(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that is a need to create a so- called intelligent and coordinatedt could be interesting, on the basis of a thorough analysis, to create an EU- wide ‘system, possibly called a 'tax- snake’ system', which rather than, harmonising the different national tax systems coordinates them in a way that takes accounttructures would facilitate coordination between them by continuously and transparently keeping track of the cuts and increases made within each systemtructure;
Amendment 107 #
2013/2025(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that environmental taxes, in addition to generating revenues, should be consistently and dynamically used for internalising environmentally harmful externalities and for keeping economic developments on a sustainable path;
Amendment 108 #
2013/2025(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Underlines, in line with solid Commission observations, that environmental taxes are among the most growth-friendly in relative terms and that shifts towards this field of taxation would therefore be beneficial to growth;
Amendment 109 #
2013/2025(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Calls on Member States to pay close attention to the Commission's recommendations about raising environmental taxes and about strengthening the specific tax arrangements in this field;
Amendment 110 #
2013/2025(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Emphasizes that an update of the 2003 Energy Taxation Directive is long overdue; calls, therefore, on Member States to reach agreement on a solid revision of this Directive before the end of this year;
Amendment 111 #
2013/2025(INI)
Motion for a resolution
Paragraph 16 e (new)
Paragraph 16 e (new)
16e. Notes that the enhanced cooperation on the Financial Transaction Tax (FTT), to be implemented in 11 Member States together representing 2/3 of EU GDP, is a major step forward in the coordination of taxation policy in Europe;
Amendment 112 #
2013/2025(INI)
Motion for a resolution
Paragraph 16 f (new)
Paragraph 16 f (new)
16f. Notes that if revenues are smartly recycled back into the economy, the FTT could, according to the Commission's calculations, have a positive impact on GDP of 0,2%;
Amendment 113 #
2013/2025(INI)
Motion for a resolution
Subheading 3
Subheading 3
Amendment 114 #
2013/2025(INI)
Motion for a resolution
Paragraph -17 (new)
Paragraph -17 (new)
-17. Underlines that stepping up the fight against tax fraud and evasion is a vital key to promoting sustainable growth in the EU; stresses that reduced levels of fraud and evasion would strengthen the growth potential in the economy by making public finances healthier and by making enterprises compete on an honest and level playing field;
Amendment 115 #
2013/2025(INI)
Motion for a resolution
Paragraph -17 a (new)
Paragraph -17 a (new)
-17a. Calls on Member States to commit to a bold but realistic target of halving the tax gap in the EU by 2020; notes that such a target could be integrated into the European Semester;
Amendment 116 #
2013/2025(INI)
Motion for a resolution
Paragraph -17 b (new)
Paragraph -17 b (new)
-17b. Welcomes the Commission's Action Plan against tax fraud and evasion and its complementary recommendations urging Member States to take determined and coordinated action against aggressive tax planning and tax havens; calls on Member States to strongly endorse the Action Plan, to fully implement the two recommendations and to quickly finalise the procedures on all pending legislative proposals in these areas;
Amendment 117 #
2013/2025(INI)
Motion for a resolution
Paragraph -17 c (new)
Paragraph -17 c (new)
-17c. Urges Member States, following the positive report from the European Parliament, to without delay adopt and implement the Commission's proposal for a Quick Reaction Mechanism against VAT fraud;
Amendment 118 #
2013/2025(INI)
Motion for a resolution
Paragraph -17 d (new)
Paragraph -17 d (new)
-17d. Calls on Member States to conclude the process of upgrading and extending the scope of the Savings Taxation Directive in order to ensure fair and proper taxation in this field and to end banking secrecy;
Amendment 119 #
2013/2025(INI)
Motion for a resolution
Paragraph -17 e (new)
Paragraph -17 e (new)
-17e. Welcomes, in the field of corporate taxation, the intensified international work aimed at addressing base erosion and profit shifting; finds the OECD report on this theme to be a crucial contribution and looks forward to the follow-up action plan to be presented this summer; expects the G 20 finance ministers, after having endorsed the report at their recent meeting in Moscow, to take bold and collective action on the basis of that action plan;
Amendment 120 #
2013/2025(INI)
Motion for a resolution
Paragraph -17 f (new)
Paragraph -17 f (new)
-17f. Calls for a common EU approach towards tax havens;
Amendment 122 #
2013/2025(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that in countries where labour costs are high relative to productivity, and where the creation of jobs is therefore hindered, possible taxation measures to reduce these costs orcould be examined, while making determined efforts aimed at increaseing productivity could be examined;
Amendment 125 #
2013/2025(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses, in this context, that the roles of social partners, as well as national practices and institutions for wage formation, should always be fully respected;
Amendment 128 #
2013/2025(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the Commission's initiative regarding the elaboration of a single guide for the calculation of corporate taxes; calls on Member States to agree on and start implementing the Common Consolidated Corporate Tax Base as a matter of priority;
Amendment 130 #
2013/2025(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that there is a substantial growth potential in reducing and removing tax-related impediments to cross-border activities in the single market; stresses that the revision of the VAT Directive, the work on the Common Consolidated Corporate Tax Base and the development of administrative cooperation in the area of taxation are crucial factors in making full use of that potential;
Amendment 136 #
2013/2025(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Is concerned by the tendency in a number of Member States to cut staff and other resources at tax authorities and similar bodies; stresses that this could weaken the ability to provide fair and efficient service to enterprises and individuals and to counter tax fraud and evasion;
Amendment 102 #
2013/0402(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Directive shall be without prejudice to the autonomy of the social partners and their right to enter into collective agreements in accordance with national law, traditions and practices and while respecting the provisions of the Treaty.
Amendment 167 #
2013/0402(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) workers representatives' acquisition and disclosure of trade secrets in the context of the exercise of the rights of workers representatives to information and, consultation and participation in accordance with Union and national law and/or practices;, and the collective defence of the interests of workers and employers, including co-determination."
Amendment 270 #
2013/0402(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the competent judicial authorities, on the application of the injured party, order the infringer who knew or ought to have known that he or she was engaging in unlawful acquisition, disclosure or use of a trade secret, to pay the trade secret holder damages commensurate to the actual prejudice suffered. In accordance with their national law and practice, Member States may restrict the liability for damages of employees towards their employers for the unlawful acquisition, use or disclosure of a trade secret of the employer. This option also applies when unlawful acquisition, use and disclosure of trade secrets occurs after the employment of an employee has terminated.
Amendment 48 #
2013/0265(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For domestic transactions, a transition period is necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a two year periodperiod of twelve months following the entry into force of this Regulation and in order to provide for a completion of an internal market for card- based payments, the caps on interchange fees for consumer card transactions should be extended to cover all, cross-border and domestic payments.
Amendment 91 #
2013/0265(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation does not apply to payment instruments that can be used only within a limited network designed to address precise needs through payment instruments only to be used in a limited way, because they allow the specific instrument holder to acquire goods or services only in the premises of the issuer, within a limited network of service providers under a direct commercial agreement with a professional issuer, or because they can be used only to acquire a limitedvery narrow range of goods or services.
Amendment 208 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With effect from two yearelve months after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2 % of the value of the transaction for any debit card based transactions.
Amendment 220 #
2013/0265(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from two yearelve months after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,3 % of the value of the transaction for any credit card based transactions.
Amendment 299 #
2013/0265(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Paragraphs 1 and 2 are without prejudice to the rules on charges, reductions or other steering set out in Article 55 of the proposal COM (2013)547Directive [the revised Payment Services Directive, on the basis of proposal COM (2013)547] [OP please insert number of Directive once adopted] and in Article 19 of Directive 2011/83/EU22 . __________________ 22 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights…
Amendment 313 #
2013/0265(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Four years after the entry into force of this Regulation, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation. The Commission's report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges, taking into account the use and cost of the various means of payments and the level of entry of new players and, new technology and innovative business models on the market.
Amendment 120 #
2013/0264(COD)
Proposal for a directive
Recital 3
Recital 3
(3) The review of the Union legal framework on payment services and notably the analysis of the impact of Directive 2007/64/EC and the consultation on the Commission Green Paper ‘Towards an integrated European market for card, internet and mobile payments’24 have shown that developments have given rise to important challenges from a regulatory perspective. Important areas of the payments market, in particular card payments, internet and mobile payments are often still fragmented along national borders. Many innovative payment products or services do not fall, entirely or in large parts, under the scope of Directive 2007/64/EC. Furthermore, the scope of Directive 2007/64/EC and in particular, the elements excluded therefrom, as certain payment-related activities from the general rules, proved in a few cases too ambiguous, too general or simply outdated, taking into account the market developments. This has resulted in legal uncertainty, potential security risks in the payment chain and a lack of consumer protection in certain areas. For innovative and easy-to-use digital payment services it has proven to be difficult to take off and provide consumers and retailers with effective, convenient and secure payment methods in the Union. There is a large positive potential in this which needs to be more consistently exploited. __________________ 24 COM(2012) 941 final.
Amendment 126 #
2013/0264(COD)
Proposal for a directive
Recital 5
Recital 5
(5) New rules should be provided in order to close the regulatory gaps while at the same time providing for more legal clarity and ensuring a consistent application of the legislative framework across the Union. Equivalent operating conditions should be guaranteed to both existing and new players on the market, facilitating new means of payment to reach a broader market and ensuring a high level of consumer protection in the use of these payment services across the whole of the Union. This should generate efficiencies in the payment system as a whole and should lead to a downward trend in costs and prices for payment services users and more choice and transparency of payment services.
Amendment 128 #
2013/0264(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The recent establishment of the Euro Retail Payments Board (ERPB), the successor of the SEPA Council, is a positive step forward in strengthening SEPA governance. With a broader composition and mandate than its predecessor, the ERPB has the potential to substantially enhance the development of an integrated, innovative and competitive market for retail payments in euro throughout the Union. This potential should be used to the full. The Commission should take very active part in the work of the ERPB.
Amendment 133 #
2013/0264(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In addition to the general measures to be taken at Member States’ level in Directive [pls insert number of NIS Directive after adoption], the security risks related to payment transactions should also be addressed at the level of the payment service providers. The security measures to be taken by the payment service providers need to be proportionate to the security risks concerned. A regular reporting mechanism should be established, so as to ensure payment services should provide the competent authorities at least on an annual basis with updated information on the assessment of their security risks and the (additional) measures that they have taken in response to these risks. Furthermore, in order to ensure that damages to other payment service providers and payment systems, such as a substantial disruption of a payment system and to users is kept to a minimum, it is essential that payment service providers have the obligation to report within undue delay major security incidents to the European Banking Authority.
Amendment 137 #
2013/0264(COD)
Proposal for a directive
Recital 9
Recital 9
(9) In order to avoid divergent approaches across Member States to the detriment of consumers, the provisions on transparency and information requirements for payment service providers in this Directive should also apply to transactions where the payer’s or payee’s payment service provider is located within the European Economic Area (hereinafter ‘EEA’) and the other payment service provider is located outside the EEA. On the basis of a review and a proposal from the Commission, the application of this Directive to such transactions should also be extended to include the major part of the provisions on rights and obligations in relation to providing and using payment services. It is also appropriate to extend the application of transparency and information provisions to transactions in all currencies between payment service providers that are located within the EEA.
Amendment 144 #
2013/0264(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services, which does not fit the purpose of the limited network exemption as provided for in Directive 2007/64/EC. That implies greater risks and no legal protection for payment service users, in particular for consumers and clear disadvantages for regulated market actors. A more precise description of a limited network, in line with Directive 2009/110/EC, is necessary in order to limit those risks. A payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific physical or web- based store or chain of stores, or for a limitedvery narrow range of goods or services, regardless of the geographical location of the point of sale. Such instruments could include store cards, petrol cards, membership cards, public transport cards, meal vouchers or vouchers for specific services, which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation. Where such a specific-purpose instrument develops into a general purpose instrument, the exemption from the scope of this Directive should no longer apply. Instruments which can be used for purchases in physical or web- based stores of listed merchants should not be exempted from the scope of this Directive as such instruments are typically designed for a network of service providers which is continuously growing. The exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network.
Amendment 149 #
2013/0264(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Directive 2007/64/EC exempts from its scope certain payment transactions by means of telecom or information technology devices where the network operator not only acts as an intermediary for the delivery of digital goods and services through the device in question, but also adds value to these goods or services. In particular, this exemption allows for so called operator billing or direct to phone- bill purchases which, starting with ringing tones and premium SMS-services, contributes to the development of new business models based on low-value sale of digital content. Feedback from the market shows no evidence that this payment method, trusted by consumers as convenient for low threshold payments, has developed into a general payment intermediation service. However, due to the ambiguous wording of the current exemption, this rule has been implemented differently in Member States. This translates into lack of legal certainty for operators and consumers and has occasionally allowed other payment intermediation services to claim eligibility for the exemption of the application of Directive 2007/64/EC. It is therefore appropriate to narrow down the negative scope of that Directive. TIn order not to leave large-scale payment activities unregulated, the exemption should focus specifically on micro-payments for digital content, such as ringtones, wallpapers, music, games, videos, or applications. The exemption should only apply to payment services when provided as ancillary services to electronic communications services (i.e. the core business of the operator concerned).
Amendment 157 #
2013/0264(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Since the adoption of Directive 2007/64/EC new types of payment services have emerged, especially in the area of internet payments. In particular, third party providers (hereinafter ‘TPPs’) have evolved, offering so-called payment initiation services to consumers and merchants, often without entering into the possession of the funds to be transferred. Those services facilitate the e-commerce payments by establishing a software bridge between the website of the merchant and the online banking platform of the consumer in order to initiate internet payments on the basis of credit transfers or direct debits. The TPPs offer a low-cost alternative to card payments for both merchants and consumers and provide consumers a possibility to shop online even if they do not possess credit cardspayment cards. The TPPs also have a promising potential when it comes to facilitating cross-border e-commerce in the internal market. However, as TPPs are currently not subject to Directive 2007/64/EC, they are not necessarily supervised by a competent authority and do not follow the requirements of Directive 2007/64/EC. This raises a series of legal issues, such as consumer protection, security and liability as well as competition and data protection issues. The new rules should therefore respond to those issues.
Amendment 161 #
2013/0264(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Payment service providers when engaging in the provision of one or more of the payment services covered by this Directive should always hold payment accounts used exclusively for payment transactions. For payment institutions to be able to provide payment services, it is indispensable that they have access to payment accounts. Member States should ensure that such access is non- discriminatory and provided in a way proportionate to the legitimate aim it intends to serve. While the access could be basic, it should always be extensive enough for the payment institution to be able to provide its services in an unobstructed and efficient way. The fees charged for such access should not be unreasonable or out of line with standard business practice.
Amendment 180 #
2013/0264(COD)
Proposal for a directive
Recital 49
Recital 49
(49) In order to facilitate customer mobility and thereby enhance competition, it should be possible for consumers to terminate a framework contract after a yearsix months without incurring charges. For consumers, the period of notice agreed should be no longer than a month, and for payment service providers no shorter than two months. This Directive should be without prejudice to the payment service provider’s obligation to terminate the payment service contract in exceptional circumstances under other relevant Union or national legislation, such as legislation on money laundering and terrorist financing, any action targeting the freezing of funds, or any specific measure linked to the prevention and investigation of crimes.
Amendment 183 #
2013/0264(COD)
Proposal for a directive
Recital 51
Recital 51
(51) It is necessary to set up the criteria under which TPPs are allowed to access and use the information on the availability of funds on the payment service user’s account held with another payment service provider. In particular, necessary data protection and security requirements set or referred to in this Directive or included in the EBA guidelines should be fulfilled by both the TPP and the payment service provider servicing the account of the payment service user. The payers should give an explicit consent to the TPP to access their payment account and be properly informed about the extent of this access. To allow the development of other payment services providers which cannot receive deposits, it is necessary that credit institutionIn addition to TPPs, there are other third party actors in the market which, like the TPPs, cannot receive deposits, but which, unlike the TPPs, build their business models on the issuance of card-based payment instruments. In order to allow for the development of these third party payment instrument issuers, it is necessary that account servicing payment service providers provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrumentm.
Amendment 186 #
2013/0264(COD)
Proposal for a directive
Recital 51 a (new)
Recital 51 a (new)
(51a) In order for innovation to be facilitated and a level playing field to be maintained, TPPs should not be required to enter into contractual relationships with account servicing payment service providers in the context of payment initiation or account information services. TPPs should only have to respect and comply with the general legislative and supervisory framework.
Amendment 190 #
2013/0264(COD)
Proposal for a directive
Recital 54
Recital 54
(54) In the case of unauthorized payment transactions the payer should be refunded immediately, as a maximum within 24 hours of the payment service provider having noted or having been notified about the transactions, the amount of the respective transaction. In order to prevent the payer from any disadvantages, the credit value date of the refund should not be later than the date when the respective amount has been debited. In order to provide an incentive for the payment service user to notify, without undue delay, the provider of any theft or loss of a payment instrument and thus to reduce the risk of unauthorised payment transactions, the user should be liable only for a very limited amount, unless the payment service user has acted fraudulently or with gross negligence. In this context an amount of EUR 50 seems to be adequate in order to ensure a harmonized and a high level user protection within the Union. Moreover, once users have notified a payment service provider that their payment instrument may have been compromised, the users should not be required to cover any further losses stemming from unauthorised use of that instrument. This Directive should be without prejudice to the payment service providers’ responsibility for technical security of their own products.
Amendment 194 #
2013/0264(COD)
Proposal for a directive
Recital 57
Recital 57
(57) This Directive should lay down rules for a refund to protect the consumer when the executed payment transaction exceeds the amount which could reasonably have been expected. In order to prevent a financial disadvantage for the payer, it needs to be ensured that the credit value date of any refund is no later than the date when the respective amount has been debited. In the case of direct debits payment service providers should be able to provide even more favourable terms to their customers, who should have an unconditional right to a refund of any disputed payment transactions. However, this unconditional refund right which ensures the highest level of consumer protection is not justified in cases where the merchant has already fulfilled the contract and the corresponding good or service has already been consumed. In cases where the user makes a claim for the refund of a payment transaction refund rights should affect neither the liability of the payer vis-à-vis the payee from the underlying relationship, e.g. for goods or services ordered, consumed or legitimately charged, nor the users rights with regard to revocation of a payment order.
Amendment 197 #
2013/0264(COD)
Proposal for a directive
Recital 63
Recital 63
(63) Different national practices concerning charging for the use of a given payment instrument (hereinafter ‘surcharging’) have led to extreme heterogeneity of the Union’s payments market and become a source of confusion for consumers, in particular in the e- commerce and cross-border context. Merchants located in Member States where surcharging is allowed offer products and services in Member States where it is prohibited and in this case still surcharge the consumer. There are also many examples of merchants having surcharged consumers at levels much higher than the cost borne by the merchant for the use of a specific payment instrument. Moreover, a strong rationale for revision of surcharging practices is supported by the fact that Regulation (EU) No xxx/yyyy establishes rules for multilateral interchange fees for card-based payments. As interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card-based payments, the rules on interchange fees should be accompanied by a revision of surcharging rules. In order to promote cost transparency and the use of the most efficient payment instruments, Member States and payment service providers should not prevenhance the functioning of the Union’s payment market, to reduce the confusion for consumers and to entd the payee from requesting a charge from the payer for using a specific payment instrument, duly taking into account the provisions set out in Directive 2011/83/EU. However, the right of the payee toractice of excessive surcharging, Member States should ban surcharging by consistently preventing payees from requesting a surcharge should only apply tofrom those payment instruments for which interchange fees are not regulated. This should act as a steering mechanism towards the cheapest means of payer for using a specific payment instruments.
Amendment 209 #
2013/0264(COD)
Proposal for a directive
Recital 74
Recital 74
(74) Without prejudice to the right of customers to bring action in the courts, Member States should ensure anthat easily accessible and cost-sensitive out-of-court, independent, impartial, transparent and effective out-of-court procedures are established and maintained for the resolution of conflictdisputes between payment service providers and consumpayment service users arising from the rights and obligations set out in this Directive. Regulation (EC) No 593/2008 of the European Parliament and of the Council40 provides that the protection afforded to consumers by the mandatory rules of the law of the country in which they have their habitual residence may not be undermined by any contractual terms on law applicable. With regard to establishing an efficient and effective dispute resolution procedure, Member States should ensure that payment service providers put in place an effective consumer complaint procedure that can be followed by their consumpayment service users before the dispute is referred to be resolved in an out- of-court procedure or before court. The complaints procedure should contain short and clearly defined timeframes within which the payment service provider should reply to a complaint. __________________ 40 Regulation (EC) No 593/2008 of the European parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (ROME I) (OJ L 177, 4.7.2008, p.6).
Amendment 216 #
2013/0264(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph a (new)
Article 2 – paragraph 1 – subparagraph a (new)
Amendment 232 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) services based on specific instruments that are designed to address precise needs that can be used only in a limited way, because they allow the specific instrument holder to acquire goods or services only in in the premises of the issuer or within a limited network of service providers under direct commercial agreement with a professional issuer or because they can be used only to acquire a limitedvery narrow range of goods or services;
Amendment 239 #
2013/0264(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) payment transactions carried out by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services, regardless of the device used for the purchase or consumption of the content, provided that the value of any single payment transaction does not exceed EUR 250 and the cumulative value of payment transactions does not exceed EUR 2100 in any billing month;
Amendment 248 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 21
Article 4 – paragraph 1 – point 21
21. ‘authentication’ means a procedures which allows the payment service provider to verify the identity of a user of a specific payment instrument, including the use of its personalised security features or the checking of personalised identity documents, or to identify an interacting third party payment service provider;
Amendment 254 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 22
Article 4 – paragraph 1 – point 22
22. ‘strong customer authentication’ means a procedure for the validation of the identification of a natural or legal person based on the use of two or more elements categorised as knowledge, possession and inherence (something only the user knows), possession (something only the user possesses) and inherence (something the user is) that are independent, in that the breach of one does not compromise the reliability of the others and is designed in such a way as to protect the confidentiality of the authentication data.
Amendment 258 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 26
Article 4 – paragraph 1 – point 26
26. ‘payment instrument’ means any personalised device(s) and/or set of procedures agreed between the payment service user and the payment service provider and used by the payment service user, or on its behalf, in order to initiate a payment order;
Amendment 259 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 26 a (new)
Article 4 – paragraph 1 – point 26 a (new)
26a. ‘card-based payment instrument’ means any payment instrument, including a card, mobile phone, computer or any other technological device containing the appropriate application, used by the payer to initiate a payment order which is not a credit transfer or a direct debit as defined by Article 2 of Regulation (EU) No 260/2012;
Amendment 260 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 26 b (new)
Article 4 – paragraph 1 – point 26 b (new)
26b. ‘third party payment instrument issuer’ means a payment service provider pursuing business activities referred to in point 5 of Annex I on the basis of card- based payment instruments;
Amendment 268 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 32
Article 4 – paragraph 1 – point 32
32. ‘payment initiation service’ means a payment service enabling access to a, provided by a third party payment accountservice provided by a third party payment service provider,r, enabling access to a payer’s payment account in a procedure where the payer can be actively involved in the payment initiation or the third party payment service provider’s software, or where payment instruments can be used by the payer or the payee to transmit the payer’s credentials to the account servicing payment service provider;
Amendment 271 #
2013/0264(COD)
Proposal for a directive
Article 4 – paragraph 1 – point 33
Article 4 – paragraph 1 – point 33
33. ‘account information service’ means a payment service provided by a third party payment service provider where consolidated and user-friendly information is provided to a payment service user on one or several payment accounts held by the payment service user with one or several account servicing payment service providers;
Amendment 294 #
2013/0264(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. When payment institutions engage in the provision of one or more of the payment services, they may hold only covered by this Directive, they shall hold payment accounts used exclusively for payment transactions. Member States shall ensure that access to those payment accounts is proportionatell payment institutions are granted non- discriminatory access to payment accounts. The access shall be extensive enough for the payment institution to be able to provide its services in an unobstructed and efficient way.
Amendment 305 #
2013/0264(COD)
Proposal for a directive
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
(a) the average of the preceding 12 months’ total amount of payment transactions executed and/or initiated by the person concerned, including any agent for which it assumes full responsibility, does not exceed EUR 1 million per month. That requirement shall be assessed on the projected total amount of payment transactions in its business plan, unless an adjustment to that plan is required by the competent authorities;
Amendment 319 #
2013/0264(COD)
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
Member States mayshall stipulate that the burden of proof shall lie with the payment service provider to prove that it has complied with the information requirements set out in this Title.
Amendment 322 #
2013/0264(COD)
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
2. Member States shall ensure that for payment initiation services, the third party payment service provider shall provide the payer with clear and comprehensive information about the service offered and contact information to the third party payment service provider.
Amendment 340 #
2013/0264(COD)
Proposal for a directive
Article 48 – paragraph 2
Article 48 – paragraph 2
2. Termination of a framework contract concluded for a fixed period exceeding 126 months or for an indefinite period shall be free of charge for the payment service user after the expiry of 126 months. In all other cases charges for the termination shall be appropriate and in line with costs.
Amendment 360 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. The payment service provider may not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this Title, unless otherwise specified in Articles 70(1), 71(5) and 79(24). Those charges shall be agreed between the payment service user and the payment service provider and shall be appropriate and in line with the payment service provider’s actual costs.
Amendment 366 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The payment service provider shall not prevent the payee from requesting from the payer a charge, offering him a reduction or otherwise steering him towards the use of a given payment instrument. Any charges applied shall, however, not exceed the costs borne by the payee for the use the specificoffering the payer a reduction for the use of a given payment instrument.
Amendment 375 #
2013/0264(COD)
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
4. However, Member States shall ensure that the payee shall not request any charges for the use of a payment instruments for which interchange fees are regulated under Regulation (EU) No [XX/XX/XX/] [OP please insert number of Regulation once adopted].
Amendment 384 #
2013/0264(COD)
Proposal for a directive
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
Consent to execute a payment transaction or a series of payment transactions shall be given in the form agreed between the payer and the payment service provider. Consent may also be given directly or indirectly via the payee. Consent to execute a payment transaction shall also be considered given where the payer authorises a third party payment service provider to initiate thea payment transaction with thean account servicing payment service provider servicing an account owned by the payer.
Amendment 387 #
2013/0264(COD)
Proposal for a directive
Article 57 – paragraph 4
Article 57 – paragraph 4
4. The procedure for giving consent shall be agreed between the payer and the relevant payment service provider(s). When the payer makes use of a third party payment service provider for initiating a transaction, this procedure shall be agreed between the payer and that third party payment service provider.
Amendment 394 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 2 – introductory part
Article 58 – paragraph 2 – introductory part
2. Where a third party payment service provider has been authorised by the payer to provide payment services under paragraph 1, heit shall have the following obligations:
Amendment 403 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 2 – point b
Article 58 – paragraph 2 – point b
(b) every time a payment is initiated or account information is collected, to authenticate itself in an unequivocal manner towards the account servicing payment service provider(s) of the account owner.
Amendment 415 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 3 a (new)
Article 58 – paragraph 3 a (new)
3a. EBA shall, in close cooperation with the ECB, issue guidelines addressed to payment service providers in accordance with Article 16 of Regulation (EU) No 1093/2010 on how, in accordance with paragraph 3 of this Article, the account servicing payment service provider shall notify and inform the third party payment service provider. Those guidelines shall be issued by (insert date - twelve months from the date of entry into force of this Directive) and be updated on a regular basis as appropriate.
Amendment 418 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Account servicing payment service providers shall treat payment orders transmitted through the services of a third party payment service provider without any discrimination for other than objective reasons in terms ofin terms of for example timing and, priority or charges vis- à-vis payment orders transmitted directly by the payer himself.
Amendment 420 #
2013/0264(COD)
Proposal for a directive
Article 58 – paragraph 4 a (new)
Article 58 – paragraph 4 a (new)
4a. Third party payment service providers shall not be required to enter into contractual relationships with account servicing payment service providers in the context of payment initiation or account information services.
Amendment 426 #
2013/0264(COD)
Proposal for a directive
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Member States shall ensure that a payer has the right to make use of a third party issuer of a card-based payment instrument issuer to obtain payment card services.
Amendment 431 #
2013/0264(COD)
Proposal for a directive
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Account servicing payment service providers shall treat payment orders transmitted through the services of a third party payment instrument issuer without any discrimination for other than objective reasons in terms ofin terms of for example timing and, priority in respect ofor charges vis-à-vis payment orders transmitted directly by the payer personallyhimself.
Amendment 444 #
2013/0264(COD)
Proposal for a directive
Article 63 – paragraph 2
Article 63 – paragraph 2
2. Where a third party payment service provider is involved, the payment service user shall also obtain rectification from the account servicing payment serviceinform the third party payment service provider and notify the account servicing payment service provider. The payment service user shall obtain rectification from the account servicing provider pursuant to paragraph 1 of this Article, without prejudice to Articles 65(2) and 80(1).
Amendment 449 #
2013/0264(COD)
Proposal for a directive
Article 64 – paragraph 1 – subparagraph 2
Article 64 – paragraph 1 – subparagraph 2
If the payment transaction has been initiated through a third party payment service provider, the burden shall be on the latter to prove that the payment transaction was not affected by an authentication problem, a technical breakdown or other deficiencies linked to the payment service it is in charge of.
Amendment 457 #
2013/0264(COD)
Proposal for a directive
Article 65 – paragraph 1
Article 65 – paragraph 1
1. Member States shall ensure that, without prejudice to Article 63, in the case of an unauthorised payment transaction, the payer's payment service provider refunds to the payer immediately, as a maximum within 24 hours of having noted or having been notified about the transaction, the amount of the unauthorised payment transaction and, where applicable, restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for the payer's payment account shall be no later than the date the amount had been debited.
Amendment 459 #
2013/0264(COD)
Proposal for a directive
Article 65 – paragraph 2
Article 65 – paragraph 2
2. Where a third party payment service provider is involved, the account servicing payment service provider shall refund the amount of the unauthorised payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place. Financial compeIf the third party payment service provider cannot demonstrate that the responsibility for the unauthorised payment transaction tolies with the account servicing payment service provider by the third party, it shall without undue delay compensate for the refund by transferring the amount of the transaction to the account servicing payment service provider may be applicable.
Amendment 470 #
2013/0264(COD)
Proposal for a directive
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
Amendment 471 #
2013/0264(COD)
Proposal for a directive
Article 66 – paragraph 1 b (new)
Article 66 – paragraph 1 b (new)
1b. In cases where the payer has neither acted fraudulently nor with intent failed to fulfil his obligations under Article 61, Member States may reduce the liability referred to in paragraph 1 of this Article, taking into account, in particular, the nature of the personalised security features of the payment instrument and the circumstances under which it was lost, stolen or misappropriated.
Amendment 490 #
2013/0264(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 2
Article 67 – paragraph 1 – subparagraph 2
At the payment service provider's request, the payer shall bear the burden to proveprovide factual elements relating to such conditions are met.
Amendment 497 #
2013/0264(COD)
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 4
Article 67 – paragraph 1 – subparagraph 4
For direct debits the payer has an unconditional right for refund within the time limits set in Article 68, except where the payee has already fulfilled the contractual obligations and the services have already been received or the goods have already been consumed by the payer. At the payment service provider's request, the payee shall bear the burden to prove that the conditions referred to in the third subparagraph.
Amendment 509 #
2013/0264(COD)
Proposal for a directive
Article 70 – paragraph 1 – subparagraph 3
Article 70 – paragraph 1 – subparagraph 3
The framework contract may include a condition thatpayment service provider shall not charge the payment service provider may chargeuser for such a notification if the refusal is objectively justified.
Amendment 540 #
2013/0264(COD)
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
3. Upon receipt of the notification, and where relevant, EBA shall notify the competent authorities in the other Member States involved.
Amendment 542 #
2013/0264(COD)
Proposal for a directive
Article 85 – paragraph 4
Article 85 – paragraph 4
4. In addition to the provisions of Article 14(4) of Directive [NIS Directive] [OP please insert number of Directive once adopted], where the security incident has the potential of impacting the financial interests of the payment service users of the payment service provider, it shall without undue delay notify its payment service users of the incident and inform them of possiabout all available mitigation measures that they can take on their side to mitigate the adverse effects of the incident.
Amendment 548 #
2013/0264(COD)
Proposal for a directive
Article 86 – paragraph 1
Article 86 – paragraph 1
1. Member States shall ensure that payment service providers provide to the authority designated under Article 6(1) of Directive [NIS Directive] [OP please insert number of Directive once adopted] on a yearly basis updated and comprehensive information ofn the assessment of the operational and security risks associated with the payment services they provide and on the adequacy of the mitigation measures and control mechanisms implemented in response to these risks. The authority designated under Article 6(1) of Directive [NIS Directive] [OP please insert number of Directive once adopted] shall without undue delay transmit a copy of this information to the competent authority in the home Member State.
Amendment 561 #
2013/0264(COD)
Proposal for a directive
Article 87 – paragraph 3
Article 87 – paragraph 3
3. EBA shall, in close cooperation with the ECB, issue guidelines addressed to payment service providers as set out in Article 1(1) of this Directive in accordance with Article 16 of Regulation (EU) No 1093/2010 on how third party payment service providers shall authenticate themselves towards account servicing payment service providers, on state of the art customer authentication and on any exemption to the use of strong customer authentication. Those guidelines shall be issued by (insert date - two yearelve months from the date of entry into force of this Directive) and be updated on a regular basis as appropriate.
Amendment 567 #
2013/0264(COD)
Proposal for a directive
Article 89 – paragraph 2
Article 89 – paragraph 2
2. The authorities referred to in paragraph 1 shall possess all the powers and resources necessary for the performance of their duties. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively.
Amendment 570 #
2013/0264(COD)
Proposal for a directive
Article 90 – paragraph 2
Article 90 – paragraph 2
2. Member States shall require that payment service providers make every possible effort to reply, in writing, to the payment service users' complaints, addressing all points raised, within an adequate timeframe and at the latest within 15 business days. In exceptional situations, if the answer cannot be given within 15 business days for reasons beyond the control of the payment service provider, it shall be required to send a holding reply, clearly indicating the reasons for a delay in answering to the complaint and specifying the deadline by which the consumer will receive the final reply. That deadline may not, in any case, exceed another 3015 business days.
Amendment 572 #
2013/0264(COD)
Proposal for a directive
Article 91 – paragraph 1
Article 91 – paragraph 1
1. Member States shall ensure that adequate, independent, impartial, transparent and effective out-of-court complaint and redress procedures for the settlement of disputes between payment service users and payment service providers concerning the rights and obligations arising under this Directive are established according to the relevant national and Union legislation, using existing bodies where appropriate. Member States shall ensure that such procedures are applicable to payment service providers and that they also cover the activities of appointed representatives.
Amendment 577 #
2013/0264(COD)
Proposal for a directive
Article 91 – paragraph 2
Article 91 – paragraph 2
2. Member States shall require the bodies referred to in paragraph 1 to cooperate for the resolution of cross-border disputes concerning the rights and obligations arising under this Directive. Member States shall ensure that these bodies have sufficient capacity to engage in an adequate and efficient way in such cross- border cooperation.
Amendment 587 #
2013/0264(COD)
Proposal for a directive
Article 96 – paragraph 1 a (new)
Article 96 – paragraph 1 a (new)
Within two years of the entry into force of this Directive, the Commission shall present a specific report, if appropriate accompanied by a legislative proposal, on the feasibility and desirability of introducing a requirement to make the IBAN, as defined in Article 2(15) of Regulation (EU) No 260/2012, or another similar identifier, available in an electronically readable format on debit cards and other relevant payment instruments.
Amendment 145 #
2013/0253(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Resolution plans should take the impact on employees into account and should include procedures for informing and consulting with employees or their representatives throughout the resolution process. Where applicable, collective agreements, or other arrangements provided for by social partners, should be respected in this regard. Resolution plans, including any update, should as soon as they have been finalised be communicated to the employees or their representatives.
Amendment 189 #
2013/0253(COD)
Proposal for a regulation
Recital 49 a (new)
Recital 49 a (new)
(49a) When applying resolution tools and exercising resolution powers, the Board should inform and consult with the employees or their representatives. Where applicable, collective agreements, or other arrangements provided for by social partners, should be respected in this regard.
Amendment 198 #
2013/0253(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) So as to ensure that the Board has access to all relevant information, the employees should not be able to invoke professional secrecy rules to prevent the disclosure of information to the Board. At the same time, the disclosure of such information to the Board should never be seen as a breach of professional secrecy.
Amendment 223 #
2013/0253(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union, notably the right to property, the protection of personal data, the freedom to conduct a business, workers' right to information and consultation within the undertaking, the right to an effective remedy and to a fair trial, and has to be implemented in accordance with those rights and principles.
Amendment 352 #
2013/0253(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point r a (new)
Article 7 – paragraph 5 – point r a (new)
(ra) a description of the procedures to be used for informing and consulting with employees or their representatives in the process of carrying out the plan.
Amendment 145 #
2013/0139(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. To be considered representative, services should be subject to a fee or offered free of charge at a minimum of one payment service provider in Member States. In addition, where possible, fee terminology should be standardised at EU level, thus allowing for comparison across the Union. The European Banking Authority (EBA) should establish guidelines to assist Member States to determine the most representative payment services, subject to a fee or offered free of charge, at national level.
Amendment 149 #
2013/0139(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Once national competent authorities have determined a provisional list of the most representative services subject to a fee or offered free of charge at national level together with terms and definitions, the Commission should review them to identify, by means of delegated acts, the services that are common to the majority of Member States and propose standardised EU level terms and definitions for them.
Amendment 151 #
2013/0139(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) All standardised fee terminology, at EU and national level, should be made as clear and concise as possible.
Amendment 153 #
2013/0139(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to help consumers compare payment account fees throughout the single market easily, payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology as well as, where applicable, all other services linked to the account. This would also contribute towards establishing a level playing field between credit institutions competing in the payment account market. The fee information document should only contain information onbe based on standardised terminology regarding the most representative payment services in each Member State, using the terms and definitions established at EU level where relevantapplicable. In order to help consumers understand the fees they have to pay for their payment account, a glossary providing explanations for at least thell fees and services contained in the list should be made available to them. The glossary should serve as a useful tool to encourage a better understanding of the meaning of fees, contributing towards empowering consumers to choose from a wider choice of payment account offers. An obligation should also be introduced for payment service providers to inform consumers, at least annually, of all the fees charged and the interest earned and paid on their account. Ex-post information should be provided in a dedicated summary. It should provide a complete overview of the fees incurred and the interest earned and paid to enable a consumer to understand what fee expenditures and interests relate to, and to assess the need to either modify consumption patterns or move to another provider. This benefit would be maximised by the ex-post fee information covering the same services as the ex-ante information. To consumers who ask for it, the statement of fees should be sent in paper format. Otherwise, the statement could be distributed electronically.
Amendment 161 #
2013/0139(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to ensure the consistent use of applicable EU level terminology across the Union, Member States should establish an obligation for payment service providers to use the applicable EU level terminology together with the remaining national standardised terminology identified in the provisional list when communicating with consumers, including in the fee information document and, the statement of fees. Except for in the fee information document and statement of fees, payment service providers may use brand names to denote services and contractual information. In commercial information, payment service providers may use brand names to denote services as long as the corresponding terms standardised at the EU and national level, where applicable, are clearly identified.
Amendment 164 #
2013/0139(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to obtain impartial information on bank fees, consumers should be able tofees charged and interest rates applied on payment accounts, consumers should have free of charge access to comparison websites which are financially and operationally independent from payment service providers. Member States should therefore ensure that at least one such website is available to consumers in their respective territories. Such comparison websites may be operated by competent authorities, other public authorities and/or accredited private operators. Member States should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria. A comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited. Such websites should also comply with the quality criteria. In order for consumers to get easy access to comparison websites also in other Member States, a Union web portal containing links to all national level websites should be established.
Amendment 172 #
2013/0139(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear and, quick. The fees, if any, charged by payment service providers in relation to the switching service should be in line with the actual cost incurred by payment service providers and inexpensive. In order to have positive impact on competition, switching should also be facilitated at cross-border level. Given that switching cross-border could be more complex than the switching at national level and may require payment service providers to adapt and refine their internal procedures, longer deadlines for the cross-border switch should be foreseen. The need to maintain different deadlines should be evaluated in the context of the review of the proposed Directive.
Amendment 176 #
2013/0139(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Regarding switching between domestic payment service providers, Member States should be allowed to uphold or lay down rules that deviate slightly from those outlined in this Directive as long as this entails efficiencies that are clearly in the interest of the consumer.
Amendment 184 #
2013/0139(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State. In order to ensure the widest possible access to such accounts, consumers should have access to them irrespective of their financial circumstances, – such as unemployment status, level of income, credit history or personal bankruptcy, – and of their place of residence. Moreover, the right to access a payment account with basic features in any Member State should be granted in conformity with the requirements set out in Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, in particular with regard to customer due diligence procedures.
Amendment 187 #
2013/0139(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Member States should ensure that at least one payment account with basic features is offered to consumers by all payment service providers offers aing payment account with basic features to consumers to consumers as an integral part of their regular business. Access should not be overly difficult and should not entail excessive costs for consumers. In this respect, Member States should consider factors such as the location of the designated payment service providers in their territory. In order to minimise the risk for consumers to become financially excluded, Member States should improve financial education, including at school, and combat over- indebtedness. Furthermore, Member States should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education.
Amendment 198 #
2013/0139(COD)
Proposal for a directive
Recital 29
Recital 29
(29) To exercise their right to access a basic payment account, consumers should not already hold a payment account in the same territory. When it is not possible to use electronic systems to establish whether or not a consumer already holds a payment account, payment service providers should accept a formal declaration by consumers as a reliable means of verifying that they do not already hold a payment account.
Amendment 199 #
2013/0139(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Consumers should be guaranteed access to a range of basic payment services, for which a minimum number of operations shall be determined by Member States in a way that should take into account both the needs of the consumers and the commercial practices in the Member State concerned. Beyond this list of minimumbasic services, banks may apply their regular fees. Services linked to basic payment accounts should include the facility to deposit and withdraw money. Consumers should be able to undertake essential payment transactions such as receiving income or benefits, paying bills or taxes and purchasing goods and services, including via direct debit, credit transfer and the use of a payment card. Such services should allow the purchase of goods and services online and should give consumers the opportunity to initiate payment orders via the payment service provider's online banking facility, where available. However, a payment account with basic features should not be restricted to online usage as this would create an obstacle for consumers without internet access. Consumers should not be given access to an overdraft facility with a payment account with basic features. However, Member States may allow payment services providers to offer buffering facilities for very small amounts in relation to payment accounts with basic features. As long as a payment account with basic features is operated by the consumer for personal use, there should be no limits to the number of operations to be provided to the consumer under the specific pricing rules of this account.
Amendment 201 #
2013/0139(COD)
Proposal for a directive
Recital 31
Recital 31
(31) In order to ensure that basic payment accounts are available to the widest possible range of consumers, they should be offered free of charge or for a reasonable fee. Furthermore, any additional charges to the consumer for non- compliance with the terms laid down in the contract should be reasonable. Member States should establish what constitutes a reasonable charge according to national circumstances and never higher than the fees of the regular pricing policy of the provider. Payment service providers should be required to ensure that, among the products they offer, the payment account with basic features is always the most affordable account for carrying out basic payment transactions. There should be a reasonable upper limit for the total amount of fees charged in a year by a payment service provider to the consumer for the operation of a payment account with basic features. Member States should establish what constitutes a reasonable charge, and a reasonable upper limit for the total amount of fees in a year, according to national circumstances, inter alia with regard to the average income of people living at risk of poverty or social exclusion. In order to ensure consistency and efficiency in the implementation of the principle of a reasonable charge, the EBA should be tasked with issuing guidelines as regards the general criteria identified in this Directive.
Amendment 204 #
2013/0139(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) Where appropriate, and in particular with regard to people with no fixed address, Member States should put in place non-discriminatory and flexible mechanisms to assist consumers in meeting customer due diligence requirements related to the payment accounts with basic features, while complying with the legislation on money laundering and terrorist financing.
Amendment 205 #
2013/0139(COD)
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) In order for customers holding payment accounts with basic features to be serviced in an appropriate manner, Member States should ensure that the relevant employees at payment service providers offering these accounts are given adequate training, sufficient time and, where applicable, reasonably adapted sales targets.
Amendment 210 #
2013/0139(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Within threewo years from entry into force of this Directive and every two years thereafter, Member States should obtain reliable annual statistics on the functioning of the measures introduced by the present Directive. They should use any relevant sources of information and communicate that information to the Commission.
Amendment 212 #
2013/0139(COD)
Proposal for a directive
Recital 39
Recital 39
(39) A review of this Directive should be carried out fivthree years after its entry into force in order to take account of market developments, such as the emergence of new types of payment accounts and payment services, as well as developments in other areas of Union law and the experiences of Member States. The review should assess whether the measures introduced have improved consumer understanding of payment account fees, the comparability of payment accounts and the ease of switching accounts. It should also determine how many basic payment accounts have been opened including by previously unbanked consumers. It should also assess whether extended deadlines for payment service providers performing cross-border switching are to be maintained for a longer period. Also, it should assess whether the provisions on the information to be provided by payment service providers when offering packaged products are sufficient or whether additional measures are needed. The Commission should submit a report to the European Parliament and the Council accompanied, if appropriate, by legislative proposals.
Amendment 224 #
2013/0139(COD)
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Without prejudice to the specific provisions set out in Articles 15-19, a payment account with basic features shall be seen as a payment account for the purposes of this Directive.
Amendment 234 #
2013/0139(COD)
Proposal for a directive
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘fees’ means theall charges and penalties, if any, payable by the consumer to the payment service provider for, and in relation to, the provision of payment services or for transactions operatand other services linked ton a payment account;
Amendment 246 #
2013/0139(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
List of the most representative payment services subject to a fee at national level and standardised terminology
Amendment 249 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of at least 2015 payment services accounting for at least 890% of the most representative payment services, subject to a fee at national level. The listor offered free of charge, at national level. The list, to be made clear and concise, shall contain terms and definitions for each of the services identified.
Amendment 272 #
2013/0139(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised terminology for those payment services that are common to at least a majority of Member States. The EU standardised terminology, to be made clear and concise, will include common terms and definitions for the common services.
Amendment 278 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph 5 of Article 3 and the corresponding fees for each service as well as, where applicable, all other services and corresponding fees linked to the account.
Amendment 284 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that payment service providers do not apply any fees that are not explicitly mentioned in the fee information document.
Amendment 287 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package, the fee for the entire package and the separate fees for anyll service that is not referred to in paragraph 1s included in the package.
Amendment 301 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that payment service providers make available to consumers a glossary of at least the list of paymentll services referred to in paragraph 1 and the related definitions.
Amendment 316 #
2013/0139(COD)
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the fee information document, its common symbol and the order in which the services referred to in paragraph 5 of Article 3, as well as all other services, shall be presented in the fee information document.
Amendment 323 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide the consumer with a statement of all fees incurred and the interest earned and paid on their payment account at least annually.
Amendment 339 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the interest earned and paid on the account during the relevant period;
Amendment 352 #
2013/0139(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the statement of fees, its common symbol and the order in which the services referred to in paragraph 5 of Article 3, as well as all other services, shall be presented in the statement of fees.
Amendment 360 #
2013/0139(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevantapplicable, the terms and definitions contained in the list of the most representative payment services referred to in Article 3, paragraph 5.
Amendment 367 #
2013/0139(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Payment service providers may use brand names to designate their services in their contractual and commercial information, subject to the condition that they identify, where relevantapplicable, the corresponding term in the list referred to in Article 3, paragraph 5. Payment service providers shall not use brand names in the fee information document or, the statement of fees or contractual information.
Amendment 372 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that consumers have free access to at least one website comparing fees charged and interest rates applied by payment service providers for services offered on payment accounts at national level in accordance with paragraphs 2 and 3.
Amendment 375 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall establish a voluntary accreditation scheme for websites comparing fees charged and interest rates applied by payment service providers for services offered on payment accounts operated by private operators. In order to be granted accreditation, comparison websites operated by private operators shall:
Amendment 377 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) be financially and operationally independent of any payment service provider;
Amendment 382 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) use plain language and, where relevantapplicable, the terms referred to in Article 3, paragraph 5;
Amendment 393 #
2013/0139(COD)
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
Amendment 419 #
2013/0139(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Regarding switching between domestic payment service providers, Member States may uphold or establish provisions that deviate slightly from those outlined in Article 10 if this entails efficiencies that are clearly in the interest of the consumer.
Amendment 420 #
2013/0139(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
EBA shall develop draft regulatory technical standards to specify what kinds of deviations indicated in paragraph 1a are to be allowed. EBA shall submit those draft regulatory technical standards to the Commission by... Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
Amendment 458 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) set up within seven calendarbusiness days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation;
Amendment 476 #
2013/0139(COD)
Proposal for a directive
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven calendarbusiness days of receiving the request;
Amendment 502 #
2013/0139(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that fees, if any, applied by the transferring or the receiving paymentall services providerd to the consumer for any service provided under Article 10, other than those referred to in paragraphs 1 to 3, shall be appropriate and in line with the actual costsoffered free of tchat payment service providerrge.
Amendment 527 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least one payment service provider in their territory offersensure that a payment account with basic features is offered to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment serv by all payment service providers offering payment accounts, covering at least the services listed in Article providers that provide the account solely with online banking facilitie16(1), as an integral part of their regular business.
Amendment 552 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1. Such a right shall apply irrespective of the consumer's financial circumstances and place of residence. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Before opening the payment account with basic features, payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory.
Amendment 562 #
2013/0139(COD)
Proposal for a directive
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) Where a consumer already holds a payment account, with a payment service provider located in their territory, which allows him to make use of the payment services listed in Article 176(1);
Amendment 628 #
2013/0139(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine, for all the services referred to in paragraph 1, a minimum number of operations which will be providensure that, as long as a payment account with basic features is operated toby the consumer for the fee, if any, referred to in Article 17. The minimum number of operations shall be reasonable and in line with the common commercial practice in the Member State concernedpersonal use, there are no limits to the number of operations which will be provided to the consumer under the specific pricing rules set out in Article 17.
Amendment 646 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that the fees charged to the consumer for non- compliance with the consumer's commitments laid down in the framework contract are reasonable and never higher than the fees of the regular pricing policy of the provider.
Amendment 647 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States shall require payment service providers to ensure that, among the products they offer, the payment account with basic features is always the most affordable account for making use of the services listed in Article 16(1).
Amendment 649 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. Member States shall establish a reasonable upper limit for the total amount of fees charged in a year by a payment service provider to the consumer for the services listed in Article 16(1).
Amendment 652 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. Member States shall ensure that the competent authorities establish what constitutes a reasonable fee, as well as a reasonable upper limit for the total amount of fees charged in a year, according to one or several of the following criteria:
Amendment 653 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) national income levels, with particular regard to the average income of people living at risk of poverty or social exclusion;
Amendment 654 #
2013/0139(COD)
Proposal for a directive
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) totalhe costs / relating to the provision ofvenue profile of offering the payment account with basic features as a complement to the regular product line;
Amendment 669 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) the consumer knowingly provided incorrect information in order to obtain the payment account with basic features where the correct information would have resulted in the absence of such rightpplication being refused;
Amendment 687 #
2013/0139(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination, and of the alternative dispute resolution mechanisms available, at least 2 months before the termination enters into force, in writing and free of charge.
Amendment 717 #
2013/0139(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Member States shall provide the Commission with information on the following matters for the first time within 32 years from entry into force of this Directive and every 2 years thereafter:
Amendment 720 #
2013/0139(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission shall present to the European Parliament and the Council, within fivthree years of entry into force of this Directive, a report on the application of this Directive accompanied, if appropriate, by a proposal.
Amendment 722 #
2013/0139(COD)
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The review shall assess, on the basis of the fees actually charged for services linked to payment accounts with basic features, whether further reductions of the fees are needed in order to take financial exclusion down to acceptable levels. In this context, the possibility of moving to a consistent free of charge approach shall be considered.
Amendment 723 #
2013/0139(COD)
Proposal for a directive
Article 27 – paragraph 2 b (new)
Article 27 – paragraph 2 b (new)
2b. The review shall assess whether the switching service provisions in Article 10 need to be enhanced by an obligation for all Member States to ensure that there is a system for automated redirection of standing orders and direct debits to the account held by the consumer with the receiving payment service provider.
Amendment 55 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required to include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employee-worker- related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 58 #
2013/0110(COD)
Proposal for a directive
Recital 6
Recital 6
(6) In order to enhance consistency and comparability of non-financial information disclosed throughout the Union, companies should be required to include in their annual report a non-financial statement containing information relating to at least environmental matters, social and employee-worker- related matters, respect for human rights, anti-corruption and bribery matters. Such statement should include a description of the policies, results, and the risks related to those matters.
Amendment 61 #
2013/0110(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) On worker-related matters, undertakings should in this information be specifically clear regarding the respect for workers' right to be informed and consulted, to negotiate and conclude collective agreements and to take collective action.
Amendment 63 #
2013/0110(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Throughout an undertaking's supply chain – including suppliers, subcontractors and other business partners – there could be substantial risks to the undertaking itself, its customers and the wider society. It is therefore important that undertakings carry out careful due diligence operations – at least with regard to environmental matters, social and worker-related matters, respect for human rights, anti-corruption and bribery matters – covering the whole supply chain and that they disclose the objectives and results of those operations. With regards to groups, all supply chains should be covered.
Amendment 64 #
2013/0110(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) On worker-related matters, undertakings should in this information be specifically clear regarding the respect for workers' right to be informed and consulted, to negotiate and conclude collective agreements and to take collective action.
Amendment 69 #
2013/0110(COD)
Proposal for a directive
Recital 6 g (new)
Recital 6 g (new)
(6g) Throughout an undertaking's supply chain – including suppliers, subcontractors and other business partners – there could be substantial risks to the undertaking itself, its customers and the wider society. It is therefore important that undertakings carry out careful due diligence operations – at least with regard to environmental matters, social and worker-related matters, respect for human rights, anti-corruption and bribery matters – covering the whole supply chain and that they disclose the objectives and results of those operations. With regards to groups, all supply chains should be covered.
Amendment 76 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets andbalance sheet total and net turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the mannualagement report should only apply to those companies whose average number of employees exceeds 500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 millionlarge undertakings and parent undertakings of large groups, following the categorisation set out in Article 3 of Directive 2013/34/EU.
Amendment 85 #
2013/0110(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Diversity of competences and views of the members of administrative, management and supervisory bodies of companieundertakings facilitates a good understanding of the business organisation and affairs. It enables members of these bodies to exercise a constructive challenge of the management decisions and to be more open to innovative ideas, addressing the similarity of views of members, the ‘"group- think’" phenomenon. It contributes thus to effective oversight of the management and a successful governance of the company. It would therefore be important to enhance transparency regarding the diversity policy companies have in place. This would inform the market of corporate governance practices and thus put indirect pressure on companies to have more diversified boards. In this context, employee representation in management bodies could, by adding a key perspective and genuine knowledge of the internal workings of undertakings, be seen as a positive way of enhancing diversity.
Amendment 87 #
2013/0110(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The obligation to disclose their diversity policies for their administrative, management and supervisory bodies with regard to aspects such as age, gender, geographical diversityprovenance, educational and professional background should only apply to large listed companies. Therefore small and medium-sized companies that may be exempted from certain accounting obligations under article 27 of Directive 78/660/EEC should not be covered to by this obligationand employee representation should only apply to large undertakings. Disclosure of the diversity policy should be part of the corporate governance statement, as laid down by Article 46a20 of Directive 78/660/EEC. Companies not having a such a diversity policy should not be obliged to put one in place, but they should clearly explain why this is the case2013/34/EU.
Amendment 90 #
2013/0110(COD)
Proposal for a directive
Recital 11
Recital 11
(11) The scope of these non-financial disclosure requirements should be defined by reference to the average number of employees, total assets andbalance sheet total and net turnover. SMEs should be exempted from additional requirements, and the obligation to disclose a non-financial statement in the mannualagement report should only apply to those companies whose average number of employees exceeds 500, and exceed either a balance sheet total of EUR 20 million or a net turnover of EUR 40 millionlarge undertakings and parent undertakings of large groups, following the categorisation set out in Article 3 of Directive 2013/34/EU.
Amendment 91 #
2013/0110(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to further enhance transparency, and in line with the conclusions of the European Council of 22 May 2013, the revision of Directive 2013/34/EU should also include an extension of the scope of country-by- country reporting obligations so that they apply to all large undertakings and groups and all public-interest entities.
Amendment 102 #
2013/0110(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Diversity of competences and views of the members of administrative, management and supervisory bodies of companieundertakings facilitates a good understanding of the business organisation and affairs. It enables members of these bodies to exercise a constructive challenge of the management decisions and to be more open to innovative ideas, addressing the similarity of views of members, the ‘"group- think’" phenomenon. It contributes thus to effective oversight of the management and a successful governance of the company. It would therefore be important to enhance transparency regarding the diversity policy companies have in place. This would inform the market of corporate governance practices and thus put indirect pressure on companies to have more diversified boards. In this context, employee representation in management bodies could, by adding a key perspective and genuine knowledge of the internal workings of undertakings, be seen as a positive way of enhancing diversity.
Amendment 106 #
2013/0110(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The obligation to disclose their diversity policies for their administrative, management and supervisory bodies with regard to gender and other aspects such as age, gender, geographical diversityprovenance, educational and professional background should only apply to large listed companies. Therefore small and medium-sized companies that may be exempted from certain accounting obligations under article 27 of Directive 78/660/EEC should not be covered to by this obligationand employee representation should only apply to large undertakings. Disclosure of the diversity policy should be part of the corporate governance statement, as laid down by Article 46a20 of Directive 78/660/EEC. Companies not having a such a diversity policy should not be obliged to put one in place, but they should clearly explain why this is the case2013/34/EU.
Amendment 109 #
2013/0110(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to further enhance transparency, and in line with the conclusions of the European Council of 22 May 2013, the revision of Directive 2013/34/EU should also include an extension of the scope of country-by- country reporting obligations so that they apply to all large undertakings and groups and all public-interest entities.
Amendment 142 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 a – point a (new)
Article 1 – point 3 a – point a (new)
Directive 2013/34/EU
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 147 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 b – point a (new)
Article 1 – point 3 b – point a (new)
Directive 2013/34/EU
Article 20 – paragraph 1 – point fa (new)
Article 20 – paragraph 1 – point fa (new)
(3b) Article 20 is amended as follows: (a) In paragraph 1, the following point is added: '(fa) a description of the undertaking's diversity policy for its administrative, management and supervisory bodies with regard to aspects such as age, gender, integration of people with disabilities, educational and professional background and employee representation, the objectives of the diversity policy, the way in which it has been implemented and the results in the reporting period.'
Amendment 150 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 c – point a (new)
Article 1 – point 3 c – point a (new)
(3c) Article 29 is amended as follows: (a) The following paragraph 1a is added: '1a. For the purposes of paragraph 1 of this Article, the review of parent undertakings of a large group shall also include a non-financial statement containing information relating to at least environmental, social and worker matters, respect for human rights, anti-corruption and bribery matters, including: (i) a description of the policy pursued by the group in relation to these matters; (ii) the results of these policies, including descriptions of deviations from and violations of the policies and the action taken to handle such events; (iii) the risks related to these matters and how the group manages those risks; (iv) a description of the objectives and results of the due diligence operations that are carried out by the group in order to ensure that policies are applied and risks are managed throughout its supply chains, including suppliers, subcontractors and other business partners. Where the group does not pursue policies in relation to one or more of these matters, the review shall provide a clear and substantial explanation for not doing so. In providing the information set out in the first subparagraph, the parent undertaking shall rely on national, EU- based or international frameworks and shall specify which frameworks it has relied upon. To the extent necessary for an understanding of the group's development, performance or position, the analysis shall include both financial and non- financial key performance indicators relevant to the particular business. In providing the analysis, the review shall, where appropriate, include references to, and additional explanations of, amounts reported in the annual financial statements.'
Amendment 152 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 d (new)
Article 1 – point 3 d (new)
Directive 2013/34/EU
Article 42 – paragraph 1
Article 42 – paragraph 1
(3d) Article 42 is amended as follows: (a) Paragraph 1 is replaced by the following: 'Member States shall require large undertakings and all public-interest entities to prepare and make public a report on payments made to governments on an annual basis.'
Amendment 153 #
2013/0110(COD)
Proposal for a directive
Article 1 – point 3 e (new)
Article 1 – point 3 e (new)
Directive 2013/34/EU
Article 44 – paragraph 1
Article 44 – paragraph 1
(3e) Article 44 is amended as follows: (a) Paragraph 1 is replaced by the following: '1. A Member State shall require any large undertaking or any public-interest entity governed by its national law to draw up a consolidated report on payments to governments in accordance with Articles 42 and 43 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in Article 22(1) to (6).'
Amendment 182 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point d
Article 2 a (new) – point d
Directive 2013/34/EU
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 190 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point e
Article 2 a (new) – point e
Directive 2013/34/EU
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(e) In Article 20(1), the following point is added: '(fa) a description of the undertaking's diversity policy for its administrative, management and supervisory bodies with regard to gender and other aspects such as age, integration of people with disabilities, educational and professional background and employee representation, the objectives of the diversity policy, the way in which it has been implemented and the results in the reporting period.'
Amendment 197 #
2013/0110(COD)
Proposal for a directive
Article 2 a (new) – point f
Article 2 a (new) – point f
Directive 2013/34/EU
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
Amendment 66 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 2012/34/EU
Article 19
Article 19
7a. Article 19 (d) is amended as follows: "d) have not been convicted of serious or repeated failure to fulfil social or labour law obligations, including obligations under occupational safety and health legislation and collective agreements, and customs law obligations in the case of a company seeking to operate cross-border freight transport subject to customs procedures.”
Amendment 67 #
2013/0029(COD)
Proposal for a directive
Article 1 – point 7 b (new)
Article 1 – point 7 b (new)
Directive 2012/34/EU
Article 19
Article 19
7b. The following point shall be added to Article 19: "e) has undertaken to apply, in those Member States in which the undertaking intends to operate, collective agreements of general validity or usual in a particular sector according to the customary practice in the Member States.”
Amendment 72 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 1 – subparagraph 3
Article 2a – paragraph 1 – subparagraph 3
The competent authorities shall adopt the public transport plans after consultation of relevant stakeholders and publish them. For the purpose of this Regulation, relevant stakeholders to be taken into consideration are at least transport operators, infrastructure managers if appropriate, and representative passenger and employee organisations.
Amendment 80 #
2013/0028(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Regulation (EC) No 1370/2007
Article 2a – paragraph 5 – subparagraph 2
Article 2a – paragraph 5 – subparagraph 2
The competent authority shall in an appropriate manner consult relevant stakeholders such as a minimum, transport operators, infrastructure managers if appropriate and representative passenger and employee organisations on these specifications and take their positions into consideration.
Amendment 11 #
2012/2870(RSP)
Motion for a resolution
Citation 8
Citation 8
– having regard to the fact that accession negotiations with Turkey were opened on 3 October 2005 after the Council had approved the Negotiating Framework, and that the opening of such negotiations is the starting point for a long-lasting and open- ended process based on fair and rigorous conditionality and the commitment to reform, with the common goal of full EU membership as soon as the membership criteria's are fulfilled,
Amendment 19 #
2012/2870(RSP)
Motion for a resolution
Citation 11
Citation 11
– having regard to the fact that full compliance with the Copenhagen criteria and EU integration capacity, in accordance with the conclusions of the December 2006 European Council meeting, remain the basis for accession to the EU, which is a community based on shared values, sincere cooperation and mutual solidarity amongst all its Member States,
Amendment 203 #
2012/2870(RSP)
Motion for a resolution
Paragraph 14a (new)
Paragraph 14a (new)
14a. Stresses the importance of active and independent civil society organisations (CSO's) for democracy; underlines the importance of dialogue with CSO's and stresses their crucial role in contributing to enhanced regional cooperation on social and political aspects; is therefore worried that CSO's continues to face fines, closure proceedings, and administrative obstacles to their operations and that consultation of CSO's remains to be an exception rather than the rule; welcomes the Turkish government's improved cooperation with NGOs, but calls for their broader consultation in policy-making, including the formulation of policies and legislation and in the monitoring of activities of the authorities;
Amendment 204 #
2012/2870(RSP)
Motion for a resolution
Paragraph 14b (new)
Paragraph 14b (new)
14b. Notes the limited progress in the areas of labour and trade union rights; regrets that the legislation on civil servants' trade unions rights is still not in line with EU and ILO standards and that collective actions by trade unions suffer numerous restrictions; calls on Turkey to continue working on new legislation in this area to ensure that it is in line with the EU acquis and ILO conventions;
Amendment 210 #
2012/2870(RSP)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the Law on the protection of family and prevention of violence against women; commends the National Action Plan to combat Violence against Women (2012-2015) and stresses the need to enforce it effectively nationwide; calls on the Ministry for Family and Social Policies to continue its efforts to increase the number and quality of shelters for women and minors in danger; stresses the importance to provide women who have been victims of violence with concrete alternatives and self-sustainment prospects; urges Turkey to continue to step up its preventive efforts at all levels in the fight against ‘honour killings’, domestic violence and the phenomenon of forced marriages and child brides; calls on the Ministry to continue to actively promote women's participation in the labour market, which remains low, in politics and at senior level in the administration and the private sector, if necessary by foreseeing reserved quotas; encourages the government to revise the Law on Political Parties and the Law on Elections to make the inclusion of women a priority for political parties;
Amendment 214 #
2012/2870(RSP)
Motion for a resolution
Paragraph 15a (new)
Paragraph 15a (new)
15a. Is bothered by women's negative portrayal in the media and the general male-dominated discourse; encourages the Turkish government to proactively promote changes in stereotypes and in the perception of gender roles in all spheres; stresses the importance of mainstreaming gender equality in the legislative process and in the implementation of laws;
Amendment 223 #
2012/2870(RSP)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the urgent need for comprehensive anti-discrimination legislation and the establishment of an anti- discrimination and equality board to protect individuals against discrimination based on ethnicity, religion, gender, age, disability, sexual orientation or sexual identity; calls on Turkey to adopt an action plan to promote the full equality of rights and full acceptance of LGBT persons;
Amendment 250 #
2012/2870(RSP)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that Turkey continued to demonstrate resilience at the terrorist attacks by the PKK; cCalls on Turkey to invest renewed efforts towards a political solution to the Kurdish issue; asks all political forces to ensure an adequate political platform and to debate in a constructive way the Kurdish issue and to facilitate a real opening to the claims for basic rights in the Constitutional process; asks all political forces to work in alliance towards the goal of reinforced political dialogue and a process of further political, cultural and socio-economic inclusion and participation of citizens of Kurdish origin, in order to guarantee the rights to freedom of expression, association and assembly and promote the peaceful inclusion of citizens of Kurdish origin into Turkish society; recalls that a political solution can only be built upon a truly democratic debate on the Kurdish issue and expresses concern at the large number of cases launched against writers and journalists writing on the Kurdish issue and the arrest of several Kurdish politicians, mayors and members of municipal councils, trade unionists, lawyers, protestors and human rights defenders in connection with the KCK trial; underlines the importance of promoting a discussion of the Kurdish issue within the democratic institutions, particularly the TGNA;
Amendment 55 #
2012/2309(INI)
Proposal for a Decision establishing the composition of the European Parliament
Article 3
Article 3
Pursuant to Article 1, the number of representatives in the European Parliament elected in each Member State is hereby set as follows, with effect from the beginning of the 2014-2019 parliamentary term: Belgium 21 Bulgaria 17 Czech Republic 21 Denmark 13 Germany 96 Estonia 6 Ireland 11 Greece 21 Spain 54 France 74 Croatia 11 Italy 73 Cyprus 6 Latvia 8 Latvia Lithuania 11 Lithuania Luxembourg 6 Luxembourg Hungary 21 Hungary Malta 6 Malta Netherlands 26 Austria 19 Austria Poland 51 Poland Portugal 21 Portugal Romania 32 Romania Slovenia 8 Slovenia Slovakia 13 Slovakia Finland 13 Finland Sweden 19 Sweden8 11 6 20 6 Netherlands 26 19 51 21 32 8 13 13 20 United Kingdom 73
Amendment 1 #
2012/2306(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
B a. whereas Article 14 of the TFEU and Protocol 26 thereto explicitly address services of general interest (SGI), which include social services of general interest (SSGI); and whereas it is confirmed that national, regional and local authorities have the essential role and wide discretion in providing, commissioning, funding and organising services of general economic interest (SGEI), and that the Treaties do not affect the competence of Member States to provide, commission, fund and organise non-economic services of general interest (NESGI);
Amendment 2 #
2012/2306(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls on the Commission to better integrate competition policy with respect to the employment and social targets of the EU 2020 Strategy, notably by allowing better support for SMEs, which are the main job creators and by taking into consideration the specificities of social services of general interest; stresses that competition policy should not be an excuse to undermine the services of general economic interest of the Member States;
Amendment 4 #
2012/2306(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Regrets that the Commission Report on Competition Policy 2011 does not have a specific section on the impact of the competition policy on employment and social affairs; calls on the Commission to remedy to this gap in future reports;
Amendment 7 #
2012/2306(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on Member States to create a convergent approach with respect to SGEI focusing on measures for the integration/reintegration of the available workforce into the labour market, promoting a match between labour supply and demand, and tailoring measures and programmes to prevent job destructionWelcomes that the State aid package on SGEI from December 2011 extend the exemption from the notification obligation beyond hospitals and social housing to social services meeting social needs and in particular health and long term care, childcare, access to and reintegration into the labour market, social housing and the care and social inclusion of vulnerable groups;
Amendment 8 #
2012/2306(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the European Commission to complete the State aid package on SGEI from December 2011 with a package on SGEI, based on the ordinary legislative procedure according to article 14 of the TFEU and taking into account their implications regarding internal market and employment and social affairs;
Amendment 10 #
2012/2306(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that the social housing sector plays an essential role for social inclusion and in creating jobs ; therefore regrets that in the State aid package on SGEI of December 2011 exemptions to state aid rules in the field of social housing are only permitted for disadvantaged citizens and socially less advantaged groups; calls on the Commission to enable Member States to address difficulties with their social housing sector arising as a result of this definition and of the current economic and social crisis ;
Amendment 14 #
2012/2306(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on Member Statesthe Commission to encourage the privatisanticipation of unproductive companieschange and the management of restructuring in a social and responsible way, in order to prevent dismissals due to the loss of competitiveness ofin those companie Member States;
Amendment 21 #
2012/2306(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to continue monitoring the implementation of State aid rules as the spillover effects of the crisis are still present. and underlines the necessity to preserve Services of General Interest in the Member States;
Amendment 1 #
2012/2292(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses,
Amendment 2 #
2012/2292(INI)
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
– having regard to Council Directive 2001/86/CE of 8.10.2001 supplementing the Statute for a European company with regard to the involvement of employees and Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees,
Amendment 3 #
2012/2292(INI)
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
– having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community,
Amendment 4 #
2012/2292(INI)
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
– having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community- scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees,
Amendment 11 #
2012/2292(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
Amendment 12 #
2012/2292(INI)
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
– having regard to the ILO Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) (1977),
Amendment 13 #
2012/2292(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the equal prominence of social rights and economic freedoms should be enshrined in the EU treaties;
Amendment 27 #
2012/2292(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the asymmetry between global companies and local workforces and workers' representatives gives multinational companies management a considerable comparative advantage over labour when setting working conditions at international level;
Amendment 28 #
2012/2292(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas those transnational company agreements should not undermine rights and obligations conferred to employees and employers by law and international conventions; whereas those transnational company agreements could positively complement existing labour law and international conventions; whereas systematic references to existing legal standards, in particular ILO conventions, can reinforce the legitimacy of transnational company agreements;
Amendment 41 #
2012/2292(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Highlights the need to strengthen transnational social dialogue and cross border collective bargaining particularly at company level where it is currently under developed, establishing new channels for its development and, with it, balanced cross-border industrial relations; further stresses that transnational social dialogue can provide a setting for more efficient cross border collective bargaining;
Amendment 42 #
2012/2292(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Is concerned about the imbalance between social rights and economic freedoms and an unclear situation regarding the possibility of cross border collective actions including sympathy actions; considers that remedying to this imbalance is necessary to provide solid foundations to cross border collective bargaining and transnational social dialogue; calls therefore for using secondary legislation and the next treaty revision process to introduce a clear clause on social rights, including the right to strike, being treated equally to economic freedoms
Amendment 47 #
2012/2292(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that this resolution ifocuses concerned with European transnational company agreements concluded by European trade union federations and European employers either between trade unions and/or European trade union federations, on the one hand, and, on the other hand, individual companies and/or employers' federations, generally at sectoral level, and that the resolution does not concern international tFransnational companymework agreements (ITCFA) signed by international trade union federations with undertakings;
Amendment 53 #
2012/2292(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that in the medium term an optional European legal framework should be adopted for these European transnational company agreements in order to provide greater legal security, greater transparency, foreseeable and enforceable legal effects and for those agreements that follow this framework provisions;
Amendment 55 #
2012/2292(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Requests the Commission to prepare and start consultations with EU social partners following the procedure established in the Lisbon Treaty concerning a legislative proposal to set up a voluntary legal framework for transnational company agreements;
Amendment 81 #
2012/2292(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the application of such an optional legal framework should be optional for the social partners and companies and group of companies involved as well as based on flexibility and referral at national level in order to give the transnational company agreement legal effect;
Amendment 85 #
2012/2292(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the representative European trade union federations to negotiate and conclude only European transnational company agreements; observes that, if a European trade union federation has not agreed any internal procedure for issuing a negotiating mandate, agreements may only be concluded by representative national trade unions; considers that European works councils should be fully involved in the negotiations;Highlights the value of parties to the agreements receiving negotiating mandates in order to fully involve national representative social partners without undermining national collective bargaining; further stresses that the legal mechanism of a mandate can be use for the multinational company to engage subsidiaries and possibly subcontractors and suppliers
Amendment 90 #
2012/2292(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the usefulness of national social partners signing adhesion agreements through which they could take over the content of Transnational Company Agreements in order to ensure national ownership and enforceability;
Amendment 92 #
2012/2292(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. considers that European works councils should be fully involved in the negotiations with European trade union Federations where applicable; notably as they are able to detect the need/opportunity for a TCA, initiate the process and pave the way for negotiations, help in ensuring the transparency and dissemination of information concerning the agreements toward the workers involved; welcome that some European trade union Federations have designed procedural rules to involve European works council;
Amendment 103 #
2012/2292(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends introducing extrajudicial alternative dispute settlement procedures; considers that, in European transnational company agreements, a first ad hoc contact pointjoint mechanism at undertaking level should be agreed in order to bring about solutions to conflicts between the contracting partiesfor instance encouraging the signing parties on a voluntary basis to agree on dispute resolution clauses in order to bring about solutions to conflicts between the contracting parties; suggests that these clauses may be based on alternative dispute resolution templates agreed and provided by the EU social partners at sectoral level;
Amendment 111 #
2012/2292(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends furthermore, at the same time as a second stage, introducing a European extrajudiciallabour-related alternative dispute resolution agency,tripartite body to devise and then implement a tenable solution for collective labour disputes with the participation of the contracting parties, in which context the dispute resolution agency should be convened at the joint request of the European social partners voluntarily and from case to case in order to settle conflicts extra judiciallyout-of-court;
Amendment 119 #
2012/2292(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends, in the medium term , in view of the increasing transnationalisationcross-border tendency of industrial relations, establishing over the next few yearsa consultation process with the social partners aiming at addressing the imbalances between social rights and economic freedoms and the unclear situation of cross border collective actions and in this context investigate the need for an independent three-tierripartite system of European labour courts;
Amendment 123 #
2012/2292(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Requests the Commission to prepare a proposal to be discussed with EU social partners in order to set up an EU alternative dispute resolution mechanism to handle transnational labour conflicts respecting the national industrial relations traditions and their specificities in the out-of-court settlement of collective labour disputes;
Amendment 129 #
2012/2292(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends the establishment of fundamental criteria for European transnational company agreements which the negotiating parties should discuss and whose outcome they should record in writing in order to prevent problems of subsequent interpretation and application; notes that the following points, in particular, should be covered: - the mandating procedure, i.e. clarification of the legitimaccapacity and representativeness of the negotiating parties between which agreements are concluded, - the place and date of conclusion of an agreement, - substantive and geographical scope, - the most favourable clause and the non- regression clause, - the period of validity, - the preconditions for denouncing the agreement and the dispute settlement procedures; - the subjects covered by the agreement; - the articulation rules with the national level of agreements, where applicable; - further formal requirements addressed to provide transparency and dissemination (deposit or registration to make the TCA public for all workers concerned and facilitate the implementation); - enforceability provisions;
Amendment 137 #
2012/2292(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes theand encourages further development of capacity building policies to support social partners, in particular trainings on the new optional legal framework and activities which the Commission is making available for exchanges of experience for social partners and experts, in order to support them, for example collecting examples, establishing databases and performing studies;
Amendment 139 #
2012/2292(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Encourages European social partners to make full use of the possibility of EU agreements as provided by article 155 TFEU, while fully respecting their autonomy;
Amendment 140 #
2012/2292(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls for a stronger role of the European Social Partners in shaping European policies; in particular calls for the social partners to participate in drawing up the Annual Growth Survey and to play a stronger role in monitoring progress achieved by Member States;
Amendment 141 #
2012/2292(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls for tripartite social summits to be reformed and strengthened; considered that their recommendations shall be duly taking into account by the European Council and respected during the European semester process;
Amendment 142 #
2012/2292(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Deplores the Commission's advise for Member states to decentralise wage negotiations; considers that central and coordinated wage agreements should be promoted, guaranteeing a decent wage, decent working conditions and an equal treatment of both employees and employers;
Amendment 143 #
2012/2292(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Encourages monitoring and exchange views on wage developments in relation to productivity, inflation and internal demand, unemployment and income inequalities, with the involvement in of the social partners, the European Parliament, Member states' governments and national parliaments, while respecting Article 153(5) of the TFEU and the autonomy of social partners;
Amendment 200 #
2012/2256(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is concerned by the Commission's tendency within the European Semester to infringe upon the autonomy of social partners, not least by urging Member States to restructure national systems for wage formation or to reduce national wage levels; stresses that this autonomy, protected inter alia in Articles 152 and 153(5) of the TFEU, is a key element of any well-functioning labour market and should therefore be respected;
Amendment 7 #
2012/2234(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that regulation of adequate, sustainable retirement income is the sole responsibility of the Member States in question and that the Commission should limit its activities to compiling and disseminating information on the pensions situation and the pension reform efforts across the EU and, where appropriate, encourage the Member States to look critically at their systems and engage in exchanges of experience;
Amendment 24 #
2012/2234(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that a key pensions-related issue within the Europe 2020 strategy should be to make it feasible for many more employees, in particular in the most strenuous occupations, to work until the standard retirement age by strengthening public policy in the fields of occupational health, workplace environment and vocational retraining;
Amendment 27 #
2012/2234(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the exchange of experiences concerning pension documentationand identification of good practices concerning individual pension statements, which might be relevant to the 1st, 2nd or 3rd pillars.;
Amendment 28 #
2012/2234(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that, when systems for pension statements are fully developed, people should ideally have access to full information about all individual entitlements within all three pillars in one place, such as a coordinated web portal;
Amendment 43 #
2012/2234(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that the aim of the review of the IORP Directive should be to keep occupational pensions across Europe adequate, sustainable and safe by creating an environment that stimulates further national and internal market progress in this field, by providing enhanced protection to current and future pensioners and by adapting in a flexible way to the considerable cross-border and cross-sector diversity of existing schemes;
Amendment 48 #
2012/2234(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. RejectsStresses that any further regulatory harmonisation of quantitative or qualitative precautionary measures at EU level must be built on a solid impact analysis, on an active dialogue with social partners and other stakeholders and on a genuine understanding of and respect for national specificities;
Amendment 54 #
2012/2234(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Considers that Commission proposals regarding quantitative and qualitative precautionary measures are only of value if they lay stress onmust takinge into account the differences between thenational systems and comply strictly with the principle of proportionality in terms of weighing aims and benefits against the financial, administrative and technical burden involved;
Amendment 60 #
2012/2234(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Considers with regard to qualitative precautionary measures that proposals concerning strengthened corporate governance and risk management and those regarding enhanced transparency and information disclosure obligations are useful and should be put forward in the framework of the IORP review;
Amendment 65 #
2012/2234(INI)
Draft opinion
Paragraph 13
Paragraph 13
13. Is strongly opposed to Europe-wide harmonised requirements concerning own capital or evaluation; rejects any review of the Pension Funds Directive (the IORP Directive) which aims to achieve thisnot convinced, given the information available at this point in time, that Europe-wide harmonised requirements concerning own capital or balance-sheet valuation would be appropriate; believes, however, that the Quantitative Impact Study (QIS) currently being carried out by EIOPA, as well as possible follow-up analyses to that study, should be fully taken on board before drawing any definitive conclusions in this regard;
Amendment 72 #
2012/2234(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Stresses that the application of quantitative Solvency II requirements poses a great risk to pillar 2 systems, since these may, as a result of increased costs, be forced in future to accept lower company pensions or to stop them altogether; emphasises that this is not inEmphasizes that there are crucial differences between insurance products and occupational pension schemes; stresses that any direct application of quantitative Solvency II requirements to pillar 2 systems would be inappropriate and could potentially be harmful to the interests of both employees and employers; therefore concludes that there must be no provisions at EU level aimany initiative aimed at developing EU level solvency rules ing to apply Solvency II to 2nd pillar systhe area of occupational pensions must fully respect the reality and specific characteristics of pension schemes;
Amendment 80 #
2012/2234(INI)
Draft opinion
Paragraph 15
Paragraph 15
15. Considers the further development of variations to Sat the EU level of solvency IImodels, such as the Holistic Balance Sheet Model (HBS), to be useful only if specific national requirements are comptheir application, on the basis of solied with and if they are presented as recommendations; categorically rejects these as components of EU-level regulationimpact analysis, proves to be realistic in practical terms and effective in terms of costs and benefits, particularly given the diversity of IORPs within and across Member States;
Amendment 87 #
2012/2234(INI)
Draft opinion
Paragraph 16
Paragraph 16
16. Rejects theUnderlines that the idea of establishment ofing equal competition between life insurance and 2nd pillar systems, as the latter are not financial servi is valid and relevant only to a certain extent, given the crucial differences between insurance providerducts and can therefore not be compared with life insurance provideroccupational pension schemes;
Amendment 91 #
2012/2234(INI)
Draft opinion
Paragraph 17
Paragraph 17
17. Believes that, in the event of insolvency, entitlements under Article 8 of Directive 2008/94/EC must be safeguardedconsistently safeguarded in all Member States;
Amendment 92 #
2012/2234(INI)
Draft opinion
Paragraph 18
Paragraph 18
18. Believes it would make sense for the Commission to have anCalls on the Commission to carry out a comprehensive overview of national guarantee schemes and measures and to propose reliable procedure, if inadequacies are identified in that assessment, propose enhanced EU legislation in order to make certain that fully reliable mechanisms for simple, cost- effective and proportionate procedurestection of occupational pension rights are put in place all across the EU;
Amendment 94 #
2012/2234(INI)
Draft opinion
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that issues regarding pension protection in case of insolvency are closely related to key aspects of the IORP review; stresses that the Commission, in developing these two directives, should ensure that they are made congruent and fully compatible;
Amendment 95 #
2012/2234(INI)
Draft opinion
Paragraph 19
Paragraph 19
19. Welcomes the development of a guidecode of good practice in the field of occupational pension schemes, which aims to give an overview of reliable procedures and proposals regarding guarantee schemes and measures; calls on the Commission to properly coordinate this work with the IORP review and initiatives in the framework of Article 8 of Directive 2008/94/EC;
Amendment 96 #
2012/2234(INI)
Draft opinion
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Emphasizes that the gender aspect also needs to be specifically addressed in this context, given the problematic fact that women presently have more limited opportunities than men to accumulate adequate occupational retirement savings;
Amendment 97 #
2012/2234(INI)
Draft opinion
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Welcomes the Commission's intention to promote the development of pension tracking services in all Member States; underlines – given the current trend of employees changing jobs more frequently than in the past – that such services will become more and more important for people to get a proper overview of total entitlements and to make rational decisions on pensions-related matters;
Amendment 97 #
2012/2234(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that reform efforts in the field of pensions should give high priority to anti-poverty aspects; stresses that if bold action is not taken in this regard, the Europe 2020 goal on poverty and social exclusion will probably not be reached;
Amendment 98 #
2012/2234(INI)
Draft opinion
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Notes that, when fully developed, pension tracking services should ideally cover not only occupational pensions, but also 3rd pillar schemes and individualised information on 1st pillar entitlements;
Amendment 102 #
2012/2234(INI)
Draft opinion
Paragraph 20
Paragraph 20
20. Welcomes the discussion of – and the Commission's intention of starting a pilot project on – the establishment of cross- border pension tracking services for the 2nd pillar;
Amendment 105 #
2012/2234(INI)
Draft opinion
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Notes that cross-border mobility is not only a fundamental right of EU citizens, but also a crucial factor in making the internal market and the European economy work as efficiently as possible; stresses that a key aim of EU activities in the field of pensions should be to remove the remaining obstacles to such mobility;
Amendment 107 #
2012/2234(INI)
Draft opinion
Paragraph 22
Paragraph 22
22. Stresses therefore that the development of cross-border pension tracking services are only worthwhile if they are extremely efficient, legally and administratively small-scale and highly cost-effective– which would make it much easier for citizens working in different Member States during a career to keep track of and to claim all their accumulated pension entitlements – should be promoted as a matter of priority;
Amendment 113 #
2012/2234(INI)
Draft opinion
Paragraph 25
Paragraph 25
25. Stresses that maintaining appropriate provision in the 1st pillar, with its spiritprinciples of solidarity and adequate protection for all, should be the number one priority in the Member States and that the 3rd pillar can play a supplementary role as the demographic pressure decreases; rejects the reduction of the 1st pillar and a corresponding increase in the 3rd pillar;
Amendment 120 #
2012/2234(INI)
Draft opinion
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Emphasizes that the key priority of public policy should not be to subsidise 3rd pillar schemes, but to make certain that everyone is adequately protected within a well-functioning and sustainable 1st pillar;
Amendment 126 #
2012/2234(INI)
Draft opinion
Paragraph 33
Paragraph 33
33. RejecSupports the notion of voluntary codes of conductelaboration and establishment of EU level voluntary codes of conduct – and possibly also product certification schemes – with regard to quality, information provision to consumers and consumer protection in the 3rd pillar and urges the Member States to assume regulatory tasks in these areas;
Amendment 127 #
2012/2234(INI)
Draft opinion
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls on the Commission to look into ways to make better use of EU financial sector legislation when it comes to ensuring that consumers are given accurate and un-biased financial advice on pension and pensions-related products;
Amendment 128 #
2012/2234(INI)
Draft opinion
Paragraph 34
Paragraph 34
34. Calls on the Commission and the Member States concerned to reach agreement on how to avoid double taxation and double non-taxation in the field of cross-border pensions;
Amendment 129 #
2012/2234(INI)
Draft opinion
Paragraph 35
Paragraph 35
35. Regards discriminatory taxes as a major barrier to cross-border mobility and calls for their swift withdrawal;
Amendment 134 #
2012/2234(INI)
Draft opinion
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Calls on the Member States, inter alia on the basis of the 2012 Pension Adequacy Report, to intensify their work on preventing old-age poverty; underlines that if bold action is not taken on strengthening pensions systems in this regard, the Europe 2020 goal on poverty and social exclusion will probably not be reached;
Amendment 135 #
2012/2234(INI)
Draft opinion
Paragraph 38 b (new)
Paragraph 38 b (new)
38b. Stresses that a key to building more sustainable and adequate pension systems is to focus on eradicating inequalities between women and men; emphasizes that enhanced measures have to be taken in all Member States in this regard, for example when it comes to promoting equal pay, fighting gender-based discrimination, granting pension credits to caring for children and the elderly, reducing the incidence of involuntary part-time work as well as improving work and pension conditions in precarious jobs;
Amendment 227 #
2012/2234(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Member States, in close consultation with the social partners, to promote longer working-lives by strengthening public policy in the fields of occupational health and safety, workplace environment and vocational retraining; stresses that a core policy target in this regard should be to make it possible for employees, in particular in the most strenuous occupations, to work until the statutory retirement age;
Amendment 229 #
2012/2234(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Stresses that gender equality in the labour market is crucial to ensuring the sustainability of pension systems on the basis of higher employment rates, adequate individual contributions and economic growth;
Amendment 196 #
2012/2151(INI)
Motion for a resolution
Recital AE a (new)
Recital AE a (new)
AEa. whereas, in order to safeguard and promote the integrity and coherence of the Union as a whole, the EMU reform process should consistently take the internal market and EU-27 perspectives fully into account;
Amendment 198 #
2012/2151(INI)
Motion for a resolution
Recital AE b (new)
Recital AE b (new)
AEb. whereas it should at all times be ensured that no unnecessary or excessive obstacles, tensions or imbalances are created between euro area and non-euro area Member States;
Amendment 294 #
2012/2151(INI)
Motion for a resolution
Recital AW a (new)
Recital AW a (new)
AWa. whereas it should be ensured that the internal decision-making procedures of the single supervisory mechanism are carefully calibrated so that the views and concerns of closely cooperating non-euro area Member States are given the same consideration and weight as those of the euro area Member States;
Amendment 297 #
2012/2151(INI)
Motion for a resolution
Recital AX
Recital AX
AX. whereas the ECB and EBA will need appropriate budgetary and human resources to ensure an objective and integrated oversight of the European banking system;
Amendment 313 #
2012/2151(INI)
Motion for a resolution
Recital BA a (new)
Recital BA a (new)
BAa. whereas, in order to maintain the integrity and coherence of the internal market in the field of financial services following the establishment of the single supervisory mechanism, the proper and efficient functioning of the EBA needs to be ensured;
Amendment 317 #
2012/2151(INI)
Motion for a resolution
Recital BB a (new)
Recital BB a (new)
BBa. whereas, following the creation of the single supervisory mechanism, voting rules within the EBA should be carefully adapted so that constructive cooperation between euro area and non-euro area Member States is facilitated and so that the interests of all Member States are fully taken into account;
Amendment 484 #
2012/2151(INI)
Motion for a resolution
Recital CB a (new)
Recital CB a (new)
CBa. whereas the Commission activities in the contexts of fiscal and economic union should be based on proper social dialogue and should fully respect the autonomy of social partners;
Amendment 537 #
2012/2151(INI)
Motion for a resolution
Recital CH a (new)
Recital CH a (new)
CHa. whereas the coherence and smooth functioning of the internal market should always be safeguarded when the instrument of enhanced cooperation is applied;
Amendment 645 #
2012/2151(INI)
Motion for a resolution
Annex – part 1 – point 1.1 – paragraph 6
Annex – part 1 – point 1.1 – paragraph 6
The proposal should ensure the proper and efficient functioning of the EBA and that all tasks listed in Regulation (EU) No 1093/2010 continue to be exercised at Union level.
Amendment 647 #
2012/2151(INI)
Motion for a resolution
Annex – part 1 – point 1.1 – paragraph 6 a (new)
Annex – part 1 – point 1.1 – paragraph 6 a (new)
The internal decision-making procedures of the single supervisory mechanism should be carefully calibrated so that the views and concerns of closely cooperating Member States whose currency is not the euro are given the same consideration and weight as those of Member States whose currency is the euro.
Amendment 668 #
2012/2151(INI)
Motion for a resolution
Annex – part 1 – point 1.1 – paragraph 9 – indent 2
Annex – part 1 – point 1.1 – paragraph 9 – indent 2
– take due account of the impact of its activities on competition and innovation within the internal market, the integrity and coherence of the internal market and the Union as a whole, the Union's global competitiveness, financial inclusion, and the Union's strategy for jobs and growth;
Amendment 783 #
2012/2151(INI)
Motion for a resolution
Annex – part 2 – point 2.5 – paragraph 1
Annex – part 2 – point 2.5 – paragraph 1
The free movement of capital canmust not be used as a way to avoid tax, in particular for Member States whose currency is the euro and that are experiencing or threatened with serious difficulties with respect to their financial stability in the euro area. Therefore the Commission should, in line with its important initiative of the 27 June 2012 to reinforce the fight against tax fraud and evasion, finalise international agreement rounds and table proposals to improve cooperation and coordination between tax authorities.
Amendment 51 #
2012/2150(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned by the growing tendency of the Commission to infringe on the autonomy of social partners; notes, for example, that the Commission in this year's country-specific recommendations urges a number of Member States to restructure national systems for wage formation and/or to reduce national wage levels; stresses that this tendency is not acceptable and that it should be reversed; underlines that the autonomy of social partners is a crucial element of any well- functioning labour market and that it is protected inter alia in Articles 152 and 153.5 of the TFEU;
Amendment 92 #
2012/2150(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Welcomes the important Commission initiative of 27 June 2012 to reinforce the fight against tax fraud end evasion; stresses that enhanced efforts in this area - at the national and EU levels as well as in relation to third countries - should be a crucial element in programmes aimed at consolidating public finances; calls for the raised level of ambition signalled by the initiative to be fully materialised in future legislative proposals and to be clearly reflected in the continuous work within the framework of the European Semester;
Amendment 1 #
2012/2092(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the economic crisis is continuing to grip Europe, resulting in austeritywhich is reflected inter alia in fiscal consolidation measures across many Member States leading to reductions of public spending and increases in taxation;
Amendment 5 #
2012/2092(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that the EU budget should not be exempt fromis an effective and important instrument for promoting competitiveness, growth and jobs in Europe; underlines, therefore, that it is a crucial tool for growth and cohesion across the EU at a moment when the efforts of Member States to bringalance public spending under control andrevenues and spending, so as to return public finances to sustainability, are considerable in size;
Amendment 10 #
2012/2092(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Encourages a priority driven approach to bBudget 2013, with any budget line increase accompanied by a corresponding budget line cut focus on creating European added value and with a clear aim to identify both positive and negative priorities;
Amendment 16 #
2012/2092(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Believes the 2013 budget should be frozenat the Commission's draft budget for 2013 should be increased in order to fulfil the objectives of the Treaties and help the efforts of Member States to restore growth;
Amendment 22 #
2012/2092(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes the EUat the EU, in line with the Europe 2020 strategy, should prioritise programmes and funding that will deliver growth and jobs in the European Union in a socially inclusive and environmentally sustainable way;
Amendment 26 #
2012/2092(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the preference of the Commission for putting strong emphasis on innovation, competitiveness, growth and jobs by making subheading 1a – where the key policies promoting positive developments in those fields are concentrated – the most highly prioritised area in its draft budget;
Amendment 27 #
2012/2092(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Notes the long array of important additional tasks delegated to the European Supervisory Authorities (ESAs) which will require commensurate budgetary increases in order for them to fulfil their supervisory role;
Amendment 29 #
2012/2092(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Is very concerned by the cuts proposed by the Commission to the budgets of the EIOPA and ESMA especially given the crucial role they will play to promoting financial market stability and enabling our financial system to deliver growth; deeply deplores the Council's ambition to make the cuts for EIOPA and ESMA even larger as well as to impose a budget cut on EBA;
Amendment 31 #
2012/2092(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Is surprised by the Council's approach of not relating its ESA proposals to actual needs but of simply making them subject to a mechanical reduction scheme applied without differentiation to all decentralised agencies;
Amendment 32 #
2012/2092(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Stresses that the cuts proposed by the Commission and the Council for the ESAs run contrary not only to the build- up plans for these fledgling authorities and the well-founded budgetary estimates made by the authorities themselves but also to repeated calls from Parliament for the authorities to be adequately funded;
Amendment 33 #
2012/2092(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that when the ESAs are given additional tasks in the future there should be a detailed cost assessment made also at a suitablelater stage during the legislative process, such as during trilogue negotiations, in order for MEPs and Member States understandto get an updated and comprehensive picture of the cost consequences of the proposals they are making;
Amendment 36 #
2012/2092(BUD)
Draft opinion
Paragraph 9
Paragraph 9
9. Calls on the Commission to investigate differentadditional funding mechanismodels, such as an industry funding models, foree mechanisms, aimed at strengthening the ESAs so as to ensure their independence and objectivity and relieve the burden; stresses that every such mechanism must ensure that the integrity onf the taxpayerESAs vis-à- vis the financial sector actors is fully safeguarded;
Amendment 38 #
2012/2092(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Welcomes the increases suggested by the Commission for the Entrepreneurship and Innovation Programme (EIP) under the Competitiveness and Innovation Framework Programme (CIP) as an essential step in the right direction, in particular when it comes to facilitating access to financing for SMEs; regrets the markedly less ambitious approach of the Council to a programme of such key importance for the creation of growth and jobs;
Amendment 41 #
2012/2092(BUD)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Underlines that, in order for the crucial economic governance reforms to be implemented in an effective way, the human resources situation at the Commission's Directorate-General for Economic and Financial Affairs (DG ECFIN) must be gradually upgraded so that it matches all the extended and new responsibilities; welcomes, in this regard, the reinforcement of this DG proposed by the Commission; stresses that additional resources will probably need to be allocated following the adoption of the "two pack" legislative package (COD(2011)0385 and 0386);
Amendment 43 #
2012/2092(BUD)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Stresses that the resources allocated to Eurostat must continuously reflect the expanding workload and the enhanced quality demands in the key field of economic and financial statistics; points out that this aspect is particularly important in the process of making the new economic governance framework work; believes, against this background, that the increase below the rate of inflation as proposed by the Commission for staff expenditure in the 'Statistics' policy area is not big enough; calls on the Commission to clarify, as soon as possible, exactly what appropriations are needed for 2013 in the context of a new and more ambitious Union Statistical Programme (for 2013-2017) replacing the existing one;
Amendment 44 #
2012/2092(BUD)
Draft opinion
Paragraph 9 d (new)
Paragraph 9 d (new)
Amendment 40 #
2012/2061(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, the ‘Orientations for reference in managing change and its social consequences’ drawn up by the social partners in October 2003 have however not been followed by any significant measure leading to the practical implementation and concrete application of those guidelines; whereas these are still largely unknown not only from the national and sectoral social partners' organisations, but also, and more importantly, from companies and their workers' representatives; whereas, however, timely and effective observance of the principles enshrined in those Orientations and resulting also from many other studies and reports would be of great importance. since company practices in this field are frequently reactive rather than proactive, intervene too far downstream of the decision- making process and do not involve external entities that could play a role in attenuating its social impact either sufficiently or in a sufficiently timely manner;
Amendment 170 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 4, paragraph 2
Recommendation 4, paragraph 2
2. Long-term strategic planning shall include human resources, employment and skills objectives that focus on developing, on a permanent basis, the skills and competences of the workforce in order to increase the competitiveness of the company and its capacity of adaptation, as well as to increase the employabilitytransitions of employees and to managfacilitate their internal and external mobility.
Amendment 196 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 5, paragraph 2, point b
Recommendation 5, paragraph 2, point b
(b) multiannual plans of employment and skills development covering the following areas for example:
Amendment 198 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 5, paragraph 2, point b, subpoint 1a (new)
Recommendation 5, paragraph 2, point b, subpoint 1a (new)
– identification and anticipation of competence and qualifications needs;
Amendment 224 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 5, paragraph 5
Recommendation 5, paragraph 5
5. Dependent companies shall be informed of the mechanisms and plans provided for in paragraph 2. Their employees shall be covered by those mechanisms and plans upon the request of the dependent company, justified on the grounds that those mechanisms and plans are required or useful for their own adaptation and development. This shall not preclude dependent companies from developing their own mechanisms.
Amendment 231 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 6, paragraph 1
Recommendation 6, paragraph 1
1. Except in circumstances where restructuring is triggered by unforeseen or sudden events, aAny restructuring operation shall be preceded by an appropriate preparation with all the stakeholders concerned with a view to preventing or alleviating its economic, social and local impact.
Amendment 242 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 6, paragraph 2
Recommendation 6, paragraph 2
2. This preparation shall be carried out as early as possible and shall start as soon as the need to restructure is contemplated. Except in the exceptional circumstances referred to in paragraph 1 above, iIt shall be carried out within a timeframe that allows for the adoption of measures making it possible to avoid or to mitigate to the minimum its economic, social and local impact.
Amendment 282 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 8, paragraph 2
Recommendation 8, paragraph 2
2. In particular, companies shall consider the following options as alternatives for redundancies, for example:
Amendment 296 #
2012/2061(INI)
Proposal for a recommendation
Recommendation 8, paragraph 3
Recommendation 8, paragraph 3
3. When redundancies cannot be avoided or as part of the package to be implemented in the context of alternative options, companies shall make available to the employees concerned measures that aim to enhance their employability, awarding reemployment rights for previously made redundant workers if times get better and the firm subsequently wants to hire again and helping them to re-enter the labour market as quickly as possible.
Amendment 3 #
2012/2055(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the smooth functioning of the internal market and development of a modern, socially inclusive economy depends on the universal provision of affordable and easily accessible basic banking services and of a socially responsible banking sector;
Amendment 9 #
2012/2055(INI)
Motion for a resolution
Recital B
Recital B
B. whereas access to basic banking services is a precondition for consumers to benefit from the internal market, notably from cross-border migration, money transfer and the purchase of goods and services at non-discriminatoryreasonable transaction costs; whereas the annual opportunity cost of not having access to a payment account is estimated at between EUR 185 to EUR 365 per consumer;
Amendment 24 #
2012/2055(INI)
Motion for a resolution
Recital G
Recital G
G. whereas payment service providers, acting in accordance with market logic, tend to focus on commercially attractive consumers, leaving vulnerablless attractive consumers without the same choice of products; whereas industry codes as initiated in Germany, the United Kingdom, Italy, Ireland, Slovenia and Luxembourg have largely been a result of public pressure and demands for legislative initiatives; whereas self-regulation instruments have had positivemixed results but, at the same time,and have failed to effectively guarantee universal access to a basic bank account;
Amendment 30 #
2012/2055(INI)
Motion for a resolution
Recital H
Recital H
H. whereas legislative approaches to ensure universal access to basic banking services have had satisfactory results in Belgium and France where the number of unbanked citizens has dropped by 75 % and 30 % respectively, as well as in Finland and Denmark where close to 100 % of households are covered by banking services;
Amendment 35 #
2012/2055(INI)
Motion for a resolution
Recital J
Recital J
J. whereas in order to be effective a basic bankpayment account needs to be straightforward to open, even for those with non-standard proof of identity and to provide a specified range of core services, and there need to be measures in place for effective supervision and settlement of conflicts as well as for facilitating access to these accounts for consumers with no fixed address or without standard proof of identity;
Amendment 39 #
2012/2055(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas payment service providers, in the context of providing basic banking services, should apply customer due diligence requirements set out in anti- money laundering and anti-terrorist financing legislation in a balanced and proportional manner; whereas nobody should be denied access to or be disqualified from a basic payment account on these grounds unless there are well- founded and objective reasons for doing so; whereas such legislation should never be used as an unfounded pretext for rejecting commercially less attractive consumers;
Amendment 41 #
2012/2055(INI)
Motion for a resolution
Recital K
Recital K
K. whereas as part of their corporate social responsibility strategies, bankpayment service providers should sharbe responsibility with public authorities and civil societyle for the provision ofding access to a basic banking services withoutpayment account either free of charge or at a reasonable cost;
Amendment 48 #
2012/2055(INI)
Motion for a resolution
Recital L
Recital L
L. whereas any EU initiative to ensure access to basic banking services must include protection against garnishment, to establish consumers' trust and prevent costs respect national provisions on the protection against garnising from unused accouhments;
Amendment 54 #
2012/2055(INI)
Motion for a resolution
Recital M
Recital M
M. whereas distortions of competition must be prevented and consumers' needs in under-banked regions must be taken into account and hence the scope of the initiative should be as broad as possible; whereas, in addition to credit institutions, access to core basic banking services cshould as well be provided by other relevant payment service providers regulated by Directive 2007/64/EC;
Amendment 59 #
2012/2055(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas the employees at payment service providers offering basic payment accounts to commercially less attractive consumers should be given adequate training, sufficient time and reasonably adapted sales targets in the context of dealing with this customer group;
Amendment 70 #
2012/2055(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the requested proposal does not have any financial implications for the EU budget;
Amendment 75 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 1 – paragraph -1 (new)
Annex – recommendation 1 – paragraph -1 (new)
-1. A “basic payment account” should be defined as a payment account offered in line with the provisions of this legislation. Payment accounts of a basic nature that do not fully comply with these provisions should not be considered to be covered by this term.
Amendment 77 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 1 – paragraph 1
Annex – recommendation 1 – paragraph 1
1. The legislation should oblige as many ll payment service providers as possible, as defined in Article 4(9) of Directive 2007/64/EC, to provide basic bhat offer payment accounts to consumers as ank ing servicestegral part of the regular business to provide a basic payment account.
Amendment 84 #
2012/2055(INI)
2. HoweverAccordingly, in order to avoid undue burdens on payment service providers not offering services not linked to those required for a basic bank account, the following shouldpayment accounts to consumers, the following providers should normally be exempt from the obligation to provide such ana basic payment account:
Amendment 87 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 1 – paragraph 3
Annex – recommendation 1 – paragraph 3
3. Member States should be permitted to exempt, as long as it does not disproportionally harm competition or the right of access for consumers, be permitted to exempt the following providers from the obligation to provide a basic bankpayment account:
Amendment 99 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 1 – paragraph 4
Annex – recommendation 1 – paragraph 4
4. AnyMember States should be allowed to oblige payment service providers exempted under point (a) of point 3 shouldto contribute to a compensatory fund, unless the provider is operating at a non-profit basis.
Amendment 108 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 2 – paragraph 6
Annex – recommendation 2 – paragraph 6
6. The legislation should ensuEach Member State should be required that it is not undo set up a national register for specific information related to basic payment accounts. The register shoulyd burdensome for consumers to demonstrate that te used for the compilation of statistical data and for the verification of whether or not a consumer applying for a basic payment account already holds such an account with a different payment service provider in the same Member State. They do not already hold a basic bank account, and provide for a declaration by the consumer to that effect during the application processata should be as narrow as possible and the register should fully respect the integrity of the consumers involved. Every basic payment account should be entered into the register when the account is opened and deleted when the account is closed. Every refusal to grant a basic payment account should be anonymously registered together with the motivation. These refusal entries should be deleted from the register after no more than one year. Payment service providers should turn to the national authority responsible for this register to verify that a consumer applying for a basic payment account does not already hold such an account in that Member State.
Amendment 118 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 2 – paragraph 7
Annex – recommendation 2 – paragraph 7
7. The right to access a basic bank account should apply irrespective of the consumer's nationality or place of residence in the Union. Criteria such as the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or future activityexpected turnover of the account should not be taken into account for the opening a basic bank account. Access to a basic bank account should under no circumstances be made conditional on the purchase of other products or services, for instance insurance.
Amendment 121 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 2 – paragraph 8
Annex – recommendation 2 – paragraph 8
8. The legislation should be applied without prejudice to Union rules, in particular providers’ obligation to refuse access to or terminate thea basic bankpayment account contract in exceptional circumstances under relevant Union or national legislation, such as legislation on money laundering. The and terrorist financing. An account may also be refused or closed in case of imposture, abuse of confidence or falsification of documents.
Amendment 123 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 2 – paragraph 9
Annex – recommendation 2 – paragraph 9
9. Member States should be obliged to ensure that customer due diligence procedures do not lead to discriminatory practices, for instance against minorities and marginalised groups, migrants, ethnic or religious minorities or people with no fixed address. Therefore, sor to unnecessarily inflexible treatment of consumers with no fixed address or without standard proof of identity. Special consideration should be given to the meanusing targeted measures and procedures by which peopleconsumers with no fixed address or standard proof of identity can satisfy due diligence requirements and n. National best practices should be taken into account in order to effectively guarantee access to a core range of essential payment servicethis regard. If needed, Member States should set up specific schemes in support of these consumers where competent authorities and social services, in cooperation with payment service providers, establish solid and secure non- standard tools for pragmatically solving address and identification problems.
Amendment 128 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 2 – paragraph 10
Annex – recommendation 2 – paragraph 10
10. To facilitate this, basic bank accounts should be classifiedMember States should be allowed to classify basic payment accounts as low-risk products in accordance with Article 3(3) of Commission Directive 2006/70/EC implementing Directive 2005/60;/EC. Accordingly, providers shouldmay be obliged to apply simplified customer due diligence requirements and t. The Commission should aim to further harmonise nationalclarify interpretations of anti- money laundering rules to ensure that it can no longer be used to dand anti-terrorist financing rules to ensure that they, in the context of basic banking services, are applied in a balanced and proportional way. Nobody should be denied access to or be disqualified from a basic paymenyt access to a basic bank account. ount on these grounds unless there are well-founded and objective reasons for doing so. Such rules should never be used as an unfounded pretext for rejecting commercially less attractive consumers.
Amendment 129 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 2 – paragraph 11
Annex – recommendation 2 – paragraph 11
11. The legislation should oblige payment service providers to act transparently in relation to a decision to deny or close a basic bankpayment account, while respecting legislation on money laundering and terrorist financing as well as on the prevention and investigation of crimes. In order to allow the consumer to question the payment service provider's decision, the payment service provider should inform the consumer in writing of the reason for the refusal to open or decision to close a basic bankpayment account. The provider should also be obliged to inform the consumer about possibilities for alternative dispute resolution mechanisms.
Amendment 136 #
2012/2055(INI)
14. The payment service provider should not offer, explicitly or tacitly, any overdraft facilities or overrunning in conjunction with a basic bank account. A payment order to the consumer’s payment service provider should not be executed where such an execution would result in a negative balance of the consumer’s basic bank account. Access to credit should not be considered as a component of or a right relatattached to a basic bank account, whatever the purpose or the form of the credit. Payment service providers could, where not inappropriate, offer credit products as separate services to basic payment account customers, as long as the access to and use of the basic account is in no way restricted by or made conditional on the purchase of such products.
Amendment 142 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 15
Annex – recommendation 3 – paragraph 15
15. Access to a basic bankpayment account should be free of chargeoffered either free of charge or at a reasonable cost. If fees are charged, they should be such that no consumer is prevented from opening and using a basic payment account on cost-related grounds.
Amendment 147 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 15 a (new)
Annex – recommendation 3 – paragraph 15 a (new)
15a. Payment service providers should be required to ensure that, among the products that they offer, the basic payment account is always – no matter how the comparison is made – the most affordable account for carrying out basic payment transactions.
Amendment 148 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 15 b (new)
Annex – recommendation 3 – paragraph 15 b (new)
15b. In order to guarantee that costs for basic payment services do not in effect get unreasonable, every Member State should be required to establish an upper limit for how high the total annual fees related to opening and using a basic payment account are allowed to be. While such an upper limit should be adapted to national circumstances – for example general consumer price levels and average charges associated with regular payment accounts – it should in no Member State be fixed at a level higher than EUR 15, or, for non-euro Member States, the equivalent amount expressed in the applicable national currency.
Amendment 149 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 15 c (new)
Annex – recommendation 3 – paragraph 15 c (new)
15c. Member States should be allowed to specify that no more than a maximum number of transactions – possibly allocated across the different transaction categories – should be covered by the total annual fees under the upper limit. However, such transaction caps must always leave enough room for consumers to be able to carry out all normal everyday transactions without exceeding the maximum numbers. If maximum numbers of transactions are surpassed, the extra transactions should be charged at reasonable cost. Payment service providers should always alert consumers that are close to exceeding maximum numbers.
Amendment 150 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 15 d (new)
Annex – recommendation 3 – paragraph 15 d (new)
15d. Default charges should, in this context, not be included when calculating total annual fees.
Amendment 155 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 16
Annex – recommendation 3 – paragraph 16
16. Any default charges should be affordreasonable and at least as favourable as the provider’s usual pricing policy. The legislation should ensure that the consumer does not bear any fee or penalty arising from circumstances independent of his/her will, such as insufficient funds in his account due to late payment of wages or social benefits.
Amendment 160 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17 – section A – point -(a) (new)
Annex – recommendation 3 – paragraph 17 – section A – point -(a) (new)
-(a) services enabling all the operations required for the opening, operating and closing of a payment account;
Amendment 161 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17– section A – subparagraph
Annex – recommendation 3 – paragraph 17– section A – subparagraph
Amendment 169 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17– section B -point (c)
Annex – recommendation 3 – paragraph 17– section B -point (c)
(c) the execution of standing orders, including interbank executions, in Member States where its use is necessary for the execution of essential transactions;
Amendment 170 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17– section B -point (d)
Annex – recommendation 3 – paragraph 17– section B -point (d)
(d) the execution of direct debit including interbank executions in Member States where its use is necessary for the execution of essential transactions.
Amendment 174 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17– section B -subparagraph 1
Annex – recommendation 3 – paragraph 17– section B -subparagraph 1
For the execution of these services under A and B, the consumer should be entitled to non- discriminatory access to the different channels offered by the provider, such as manual transactions, transactions via ATM, online banking and phone banking. Member States should define a sufficient number of standard payment transactions that the provider must, on request, set up and execute on a monthly basis without imposing any charges, regardless of the channel used by the consumer. Where the consumer risks excee over the counter in branches, transactions via ATM, including othe maximum number of free transactions the provider should be requir providers’ ATMs whered to inform the consumer accordingly. The provider should be permitted either to charge additional transactions in a cost-based way and aligned with its usual pricing policy or to refuse the execution of transactions. The provider should be permitted to demand a cost-based one-off charge for providing a payment cardechnically possible, online banking and phone banking.
Amendment 177 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17– section C
Annex – recommendation 3 – paragraph 17– section C
Amendment 187 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 4 – paragraph 18 a (new)
Annex – recommendation 4 – paragraph 18 a (new)
18a. The consumers targeted by the introduction of basic payment accounts make up a customer group with specific interests and needs. In order to ensure that this group can be serviced in an attentive and accommodating way, the employees at payment service providers offering these accounts should in that context be given adequate training, sufficient time and reasonably adapted sales targets.
Amendment 201 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 4 – paragraph 23
Annex – recommendation 4 – paragraph 23
23. Member States should be required to ensure that providers on a continuous basis provide national authorities with reliable information at least on the number of basic bank accounts opened, the number ofon basic payment accounts opened and closed as well as on the applications for basic bankpayment accounts that are refused and the grounds for such refusals, the number of terminations of such accounts. Such information should be provided in an agg. This data should be compiled in the national registers for specific information related to basic payment accounts. Providers should also make detailed information available to national authorities on the costs reglated formto basic payment accounts.
Amendment 214 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 5 – paragraph 27
Annex – recommendation 5 – paragraph 27
27. Member States should closely monitor any distortions of competition between providers of basic bank accounts. Where a number of providers disproportionately shoulder the cost of providing basic bank accounts, financial compensation shcould be provided. While in under-banked Member States, additional support for the development of adequate infrastructure should be considered, intra-sector redistribution mechanisms should be sufficient in Member States with high bank account penetration. Competent authorities shouldmay facilitate the creation of a compensation fund to be financed by payment service providers within the scope of the legislation. Should the number of basic bank accounts be disproportionate to the economic importance of the individual provider, the provider shouldmay be entitled to benefit from compensatory payments.
Amendment 218 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 5 – paragraph 28
Annex – recommendation 5 – paragraph 28
28. Member States should be obliged to ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of disputes concerning the rights and obligations established under the principles set out in the legislation between payment service providers and consumers, using existing bodies where appropriate. Alternative dispute resolution (ADR) bodies need to be independent, easily accessible and its services free of charge. Its decisions should be legally binding. In order to ensure its impartiality, equal representation of providers, consumers and other users needs to be ensured. Member States should be required to ensure that all basic bank account providers adhere to one or more such bodies implementing such complaint and redress procedures.
Amendment 230 #
2012/2055(INI)
Proposal for a recommendation
Annex – recommendation 6 – paragraph 32 – point (c)
Annex – recommendation 6 – paragraph 32 – point (c)
(c) further harmonise nationalclarify interpretations of anti- money laundering and anti-terrorist financing rules in order to ensure that such rules can no longer be used as an argument to deny access to a basic bank accountare never used as an unfounded pretext for rejecting commercially less attractive consumers;
Amendment 58 #
2012/2045(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recalls that, as players on the global education market, national VET systems need to be connected to the wider world in order to remain up-to-date and competitive and that they have to be more capable of attracting learners from other European and third countries, providing them with education and training as well as making it easier to recognise their skills; highlights that demographic change and international migration make these issues even more relevant.
Amendment 59 #
2012/2045(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Stresses that, although a European area of education and training is emerging, the objective of removing obstacles to mobility has not been achieved yet and the mobility of learners in VET remains low; underlines that increasing the transnational mobility of VET learners and teachers substantially and recognising the knowledge, skills and competences they have acquired abroad will be an important challenge for the future and that better and targeted information provision and guidance are also needed to attract more foreign learners to our VET systems.
Amendment 18 #
2012/2042(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that health and safety at work and workers' protection cannot be considered burdensome regulations; calls on the Commission to simplify excessive administrative burdens while always ensuring health and safety at work and guaranteeing that SMEs provide adequate knowledge and resources to manage employees' working environment properly; this support could include: disseminating good practices, training employees, developing simple risk- assessment tools and guidelines, providing access to affordable, good-quality prevention services, offering financial incentives, etc.;
Amendment 48 #
2012/2042(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Within the framework of fitness checks, calls for the identification of areas in which there are excessive burdens, inconsistencies or ineffective legislation in the field of employment that have an adverse impact on SMEs; calls on the Commission to consider a ‘one in, one out rule’ that allows the objectives of health, safety and equality provisions to be maintained and safeguards the principle of subsidiarity;
Amendment 58 #
2012/2042(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Notes and strongly supports the focus onthe introduction of a micro- enterprises in a strengthenedities dimension in a SME test (see COM(2011)0803) through which all available possibilities such as exclusion from the scope, individual provisions, extended transition periods or lighter regimes are systematically assessed.; believes, however, that the SME test should in any case guarantee an appropriate compliance with European legislation on health and safety at work;
Amendment 20 #
2012/2028(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, without overlooking the broader Union perspective, the eurozone is in a unique situation, with eurozone Member States sharing a single currency but no common fiscal policy or common bond market;
Amendment 120 #
2012/2028(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that any move towards the common issuance of bonds should take the single market perspective fully into account, ensuring that no unnecessary obstacle or imbalance is created between participating and non-participating Member States;
Amendment 28 #
2012/2011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) processing is necessary for the purposes of the legitimate interests pursued by a controller, or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. This shall not apply to processing carried out by public authorities in the performance of their tasks.
Amendment 81 #
2012/2011(COD)
Proposal for a regulation
Article 82 – title
Article 82 – title
Processing ion the employment contexlabour market
Amendment 90 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 1
Article 82 – paragraph 1
1. Within the limits of this Regulation, Member States may adopt by lawMember States may, in accordance with national law and practices, adopt specific rules regulating the processing of employees‘' personal data ion the employment context, in particularlabour market, in particular but not limited to for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.
Amendment 118 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 2
Article 82 – paragraph 2
Amendment 125 #
2012/2011(COD)
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the safeguards for the processing of personal data for the purposes referred to in paragraph 1is regulation recognizes the role of the social partners. In countries where it has been left to the parties on the labour market to regulate wages and various other work condition through collective agreements the social partners' obligations and rights under collective agreements should be taken into specific consideration when applying Article 6.1 (f).
Amendment 78 #
2012/2004(INI)
Motion for a resolution
Paragraph 3 – point B
Paragraph 3 – point B
B. Social enterprises: the acting and operating institutions and organisations in the social business economy, in the form of either welfare organisations, private enterprises, associations, cooperatives, mutuals or foundthat deliver social products or services and that reinvest their profits into their activities, while being managed in an accountable and transparent way, in particular by promoting active participation - in decisions regarding the enterprise and its production process - of workers, members, customers and stakeholders affected by their activities; these enterprises may take the form of welfare organisations associations, cooperatives, mutuals or foundations and other forms of private enterprises/organisations;
Amendment 103 #
2012/2004(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. States that social welfare enterprises or organisations should not be exposed to unregulated competition, which may be the result if profit-oriented enterprises focus on lucrative areas, which are mostly urban, so that other areas, which are mostly rural –where logistic hinders incur higher costs – become more and more reliant on so-called ‘services for poor people’innovative social enterprises should be financially supported on a European level;
Amendment 144 #
2012/2004(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the adoption of a revised package of EU state-aid rules concerning social and local services whilst, however, encouraging the Commission to clarify these rules still further so as to facilitate their understanding and application by local and regional authorities, in particular with regards to social enterprises;
Amendment 162 #
2012/2004(INI)
Motion for a resolution
Paragraph 16 – introductory part
Paragraph 16 – introductory part
16. Points to two further specific characteristout that public execution of Social Services of sociGeneral eInterprises that need to be considered:est (SSGI) is not considered to be part of social business
Amendment 165 #
2012/2004(INI)
Motion for a resolution
Paragraph 16 – indent 1
Paragraph 16 – indent 1
Amendment 171 #
2012/2004(INI)
Motion for a resolution
Paragraph 16 – indent 2
Paragraph 16 – indent 2
Amendment 182 #
2012/2004(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Underlines that profit-making in general is allowed and supported; profits, operating surpluses, funds and reserves are to be reinvested in their activities;
Amendment 184 #
2012/2004(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 190 #
2012/2004(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Determines that social enterprises are mainly engaged in social, health, care and home services, assisted living, education and training, repair of goods, environmental and resource efficiency, art, culture, sports, research and innovation, tourism, crafts, transport etc;
Amendment 191 #
2012/2004(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 199 #
2012/2004(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Declares that even if social enterprises do not offer social products and services, their entrepreneurial objective will include social goals e.g. the inclusion and work integration of vulnerable groups, the provision of socio- pedagogic assistance or the (re)integration of persons with disabilities through training or sheltered workshops;
Amendment 206 #
2012/2004(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that the ‘EU Programme for Social Change and Innovation for 2014- 2020’, with its Microfinance and Social Entrepreneurship axis, will play a very important role in the effort to guarantee better access to micro-creditsHighlights the importance of partnerships created, at local and regional level, by social enterprises with public authorities, social enterprises, other type of private enterprises, trade unions and civil society in general;
Amendment 212 #
2012/2004(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Supports the establishment of the ‘European Social EntrepreTherefore encourages the Commission to develop further actions that would promote the development of such partneurships Funds’ (EuSEF), as it will help social enterprises to secure financing and give invwith a long-term perspective, also by encouraging local and regional authorities tors the security to invest in social business set up long-term strategies for the development of social enterprises (e.g. in the new programming period of the funds covered by the CPR);
Amendment 249 #
2012/2004(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 62 #
2012/0299(COD)
Proposal for a directive
Recital 14
Recital 14
(14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of a vacancy announcement opening up for applications and an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 75 #
2012/0299(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned on the basis of careful and extensive consultations with social partners at the national level.
Amendment 79 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 80 #
2012/0299(COD)
Proposal for a directive
Recital 14
Recital 14
(14) While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non- executive directors on the basis of a vacancy announcement opening up for applications and an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executives directors. Only an EU-level measure can effectively help to ensure a competitive level-playing field throughout the Union and avoid practical complications in business life.
Amendment 84 #
2012/0299(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate on the basis of pre- established, clear, neutrally formulated and unambiguous criteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership and communication skills and networking abilities. Priority should be given to the candidate of the under-represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability, competence and professional performance, and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex.
Amendment 90 #
2012/0299(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned on the basis of careful and extensive consultations with social partners at the national level.
Amendment 91 #
2012/0299(COD)
Proposal for a directive
Recital 17
Recital 17
(17) Companies listed on stock exchanges enjoy a particular economic importance, visibility and impact on the market as a whole. The measures provided for in this Directive should therefore apply to listed companies, which are defined as companies incorporated in a Member State whose securities are admitted to trading on a regulated market within the meaning of Article 4(1) (14) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments, in one or more Member States. These companies set standards for the economy in its entirety and their practices can be expected to be followed by other types of companies. The public nature of listed companies justifies that they be regulated to a greater extentadequately regulated in the public interest.
Amendment 91 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1) as well as forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 92 #
2012/0299(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Non-listed companies also play a major role in the economy. In principle, they should therefore be included in the scope of this Directive. However, since the gender situation in these companies is not generally well-known and since particular provisions might be needed in order to reflect their specificities and varying nature within and across Member States, the inclusion should not be made until at a later stage. The Commission should present a proposal with that effect after having carried out a thorough investigation into all relevant aspects.
Amendment 95 #
2012/0299(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive should not apply to micro, small and medium-sized enterprises (SMEs), as defined by Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, even if they are . This SME exemption should be applicable to listed, and at a later stage non-listed, companies.
Amendment 96 #
2012/0299(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published in an appropriate and easily accessible manner in the annual report and on the website and, where the company in question has not met the objective, it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 96 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 98 #
2012/0299(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned on the basis of careful and extensive consultations with social partners at the national level.
Amendment 107 #
2012/0299(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Listed companies in the Union should be imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. Those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre- established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non- executive directors of the under- represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders.
Amendment 119 #
2012/0299(COD)
Proposal for a directive
Recital 26
Recital 26
(26) In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non- executive directors is based on a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate on the basis of pre- established, clear, neutrally formulated and unambiguous criteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership and communication skills and networking abilities. Priority should be given to the candidate of the under-represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability, competence and professional performance, and if an objective assessment taking account of all criteria specific to the individual candidates does not tilt the balance in favour of a candidate of the other sex.
Amendment 120 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 130 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1) as well as forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 132 #
2012/0299(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Member States should provide for effective, proportionate and dissuasive sanctions for breaches of this Directive, which could include, inter alia, administrative fines and nullity or annulment declared by a judicial body of the appointment or of the election of non- executive directors made contrary to the national provisions adopted pursuant to Article 4(1) as well as forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 135 #
2012/0299(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 136 #
2012/0299(COD)
Proposal for a directive
Recital 31
Recital 31
Amendment 137 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner in the annual report and on their website.
Amendment 139 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 147 #
2012/0299(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published in an appropriate and easily accessible manner in the annual report and on the website and, where the company in question has not met the objective, it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 147 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 153 #
2012/0299(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be published in an appropriate and easily accessible manner in the annual report and on the website and, where the company in question has not met the objective, it should include a comprehensive description of the measures that it has taken so far and intends to take in the future in order to meet the objective.
Amendment 161 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 DecemberJuly 20218 at the latest and every two years thereafter. The Commission shall evaluate in particular whether the objectives of this Directive have been achieved.
Amendment 174 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 195 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 197 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that listed companies in whose boards members of the under-represented sex hold less than 40 per cent of the non-executive director positions make the appointments to those positions on the basis of a vacancy announcement opening up for applications and a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.
Amendment 213 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner in the annual report and on their website.
Amendment 216 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 225 #
2012/0299(COD)
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 227 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 242 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph -1 (new)
Article 9 – paragraph -1 (new)
-1. The Commission shall, no later than 1 January 2016, present a proposal for the inclusion in the scope of this Directive of non-listed companies which are not SMEs. The proposal might incorporate provisions aimed at reflecting the specificities and varying nature of these companies.
Amendment 247 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner in the annual report and on their website.
Amendment 252 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 DecemberJuly 20218 at the latest and every two years thereafter. The Commission shall evaluate in particular whether the objectives of this Directive have been achieved.
Amendment 253 #
2012/0299(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Article shall include the reasons for not reaching the objectives or commitments and a comprehensive description of the measures which the company has adopted or intends to adopt in order to meet the objectives or commitments.
Amendment 287 #
2012/0299(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) forced dissolution, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements.
Amendment 312 #
2012/0299(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 DecemberJuly 20218 at the latest and every two years thereafter. The Commission shall evaluate in particular whether the objectives of this Directive have been achieved.
Amendment 91 #
2012/0244(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In order to provide for the single supervisory mechanism, Council Regulation (EU) No …/… [127(6) Regulation] confers specific tasks on the ECB concerning policies relating to the prudential supervision of credit institutions in the Member States whose currency is the euro. Other Member States may enter in a close cooperation with the ECB. Under that Regulation, the ECB is to coordinate and express the position of those Member States on the decisions to be taken by the Board of Supervisors of the European Banking Authority (EBA) falling within the scope of the ECB tasks.
Amendment 102 #
2012/0244(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The conferral of supervisory tasks to the ECB in the banking sector for part of the Member States of the Union should not in any way hamper the functioning of the internal market in the field of financial services. It is therefore necessary to ensure the proper functioning of the EBA following that conferral. In order for the EBA to be able to carry out its tasks with proper integrity and efficiency in the new supervisory context, it will need adequate resources and a budget that is continuously updated as additional responsibilities are added.
Amendment 130 #
2012/0244(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Decisions concerning breaches of Union law and settlement of disagreements should be examined by an independent panel composed of voting members of the Board of Supervisors which do not have any conflicts of interest and appropriately qualified experts, appointed by the Board of Supervisors. The decisions proposed by the panel to the Board of Supervisors should be considered as adopted unless rejected by a simple majority, which should include an adequate number of votes from members from Member States participating in the SSM and from Member States that do not participate in the SSM.
Amendment 139 #
2012/0244(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The members of the independent panel set up according to Article 41(2) of Regulation (EU) No 1093/2010 who are not qualified experts should not be considered to be in a situation of conflict of interest on the sole ground that they are representatives of competent authorities which are part of the SSM and a given case to be decided upon by the Panel concerns the SSM. The EBA should develop rules of procedure for the panel that ensure its independence and objectivity.
Amendment 217 #
2012/0244(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) No 1093/2010
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
"For the purposes of Article 17 and 19, the Board of Supervisors shall establish an independent panel consisting of the Chairperson and, two members appointed by the Board of Supervisors among its voting members and two appropriately qualified experts appointed by the Board of Supervisors. At least one of the two members of the independent panel appointed by the Board of Supervisors among its voting members shall be from a Member State which is not a participating Member State in accordance with Regulation (EU) No …/… [127(6) TFEU Council Regulation]. The experts shall be fully independent of the EBA, the ECB and national competent authorities."
Amendment 103 #
2012/0242(CNS)
Proposal for a regulation
Recital 6
Recital 6
(6) The European Banking Authority (EBA), established in 2011 by Regulation (EU) No. 1093/2010 of the European Parliament and the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), and the European System of Financial Supervision established by Article 2 of that Regulation and of Regulation (EU) No 1094/2010 of 24 November 2010 establishing a European Supervisory Authority (EIOPA), and Regulation (EU) No 1095/2010 of 24 November 2010 establishing a European Supervisory Authority (ESMA)6 have significantly improved cooperation between banking supervisors within the Union. EBA is making important contributions to the creation of a single rulebook for financial services in the Union, and has been crucial in implementing in a consistent way the recapitalisation of major Union credit institutions agreed by the European Council in October 2011. In order for the EBA to be able to carry out its tasks with proper integrity and efficiency in the reformed supervisory context, it will need adequate resources and a budget that is continuously updated as new responsibilities are added.
Amendment 222 #
2012/0242(CNS)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) In non-euro Member States which have established a close cooperation with the ECB, the tasks of setting higher prudential requirements, applying additional measures to credit institutions as well as imposing and enforcing additional capital buffers should all remain with national competent authorities as long as the Member State concerned does not take part in a common mechanism where the responsibility for recapitalisation and resolution of financial institutions is placed at the European level. Where only national mechanisms can be used, these supervisory tools need to be adjusted at the national level so that the safety of national credit institutions matches the capacity of those national mechanisms.
Amendment 263 #
2012/0242(CNS)
Proposal for a regulation
Recital 25
Recital 25
Amendment 289 #
2012/0242(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) As regards the supervision of cross- border banks active both inside and outside the Euro area the ECB should cooperate closely with the competent authorities of non participating Member States. As a competent authority the ECB should be subject to the related obligations to cooperate and exchange information under Union law and should participate fully in the colleges of supervisors. In addition, since the exercise of supervisory tasks by a European institution brings about clear benefits in terms of financial stability and sustainable market integration, Member States not participating in the common currency should therefore also have the possibility to participate in the new mechanism. However, it is a necessary pre- condition for an effective exercise of supervisory tasks, that supervisory decisions are implemented fully and without delay. Member States wishing to participate in the new mechanism should therefore undertake to ensure that their national competent authorities will abide by and adopt any measure in relation to credit institutions requested by the ECB. The ECB should be able to establish a close cooperation with the competent authorities of a Member State not participating in the common currency. It should be obliged to establish the cooperation where the conditions set out in this regulation are met. The conditions under which rRepresentatives of the competent authorities of the Member States which established a close co-operation take part to the activities of the Supervisory Board should allow the greatest possible involvement of those representatives taking into account the limits following from the Statute of ESCBwith the ECB should be granted equitable treatment and representation in all aspects of the activities of the Supervisory Board and ofin the ECB, in particular as regards the integrity of its decision making procesadministrative work underpinning those activities.
Amendment 336 #
2012/0242(CNS)
Proposal for a regulation
Recital 36
Recital 36
(36) In particular, a supervisory board responsible for preparing decisions on supervisory matters should be set up with the ECB encompassing the specific expertise of national supervisors. The board should therefore be chaired by a Chair and a Vice-Chair, both to be elected by the ECB Governing Council following an open selection procedure and after approval by the European Parliament, and composed, in addition, of representatives from the ECB and from national authorities. In order to allow for an appropriate rotation while ensuring the full independence of the Chair and the Vice-Chair, their term should not exceed five years and should not be renewable. All Member States which have established a close cooperation with the ECB should have a seat on the board. Representatives of the competent authorities of those Member States should be granted voting rights equal to those of the euro area Member States. In order to ensure full coordination with the activities of the EBA and with the prudential policies of the Union, the EBA and the European Commission should be observers in the supervisory board. The performance of the supervisory tasks conferred upon the ECB requires the adoption of a large number of technically complex acts and decisions, including decisions on individual credit institutions. In order to effectively carry out those tasks in accordance with the principle of separation from tasks relating to monetary policy, the ECB Governing Council of the ECB should be able to delegate certain clearly defined supervisory tasks and related decisions to the supervisory board, subject to the oversight and responsibility of the Governing Council, which can give instructions and directions to that body. The supervisory board may be supported by a steering committee with a more limited composition.
Amendment 502 #
2012/0242(CNS)
Proposal for a regulation
Article 4 – paragraph 1 – point l
Article 4 – paragraph 1 – point l
Amendment 608 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – title
Article 6 – title
Close cooperation with the competent authorities of non participating Member StatesMember States whose currency is not the euro
Amendment 618 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
To that end, the ECB may address guidelines or requests to the national competent authority of the non participating Member State concerned.
Amendment 621 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2 a (new)
Article 6 – paragraph 1 – subparagraph 2 a (new)
Where a close cooperation has been established, the tasks referred to in points d and e of Article 4 (1) shall not be carried out by the ECB if the Member State concerned does not take part in a common mechanism where the responsibility for recapitalisation and resolution of financial institutions is placed at the European level.
Amendment 624 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The close cooperation between the ECB and the national competent authority of a non participating Member StateMember State whose currency is not the euro shall be established, by a decision adopted by the ECB, where the following conditions are met:
Amendment 643 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The decision referred to in paragraph 2 shall determine, in compliance with the Statute of ESCB and of the ECB, the conditions under which rRepresentatives of the competent authorities of the Member States which established a close cooperation in accordance with this Article shall take part to the activities of the Supervisory Boardbe granted equitable treatment and representation in all aspects of the activities of the Supervisory Board and in the administrative work underpinning those activities.
Amendment 649 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. A Member State intending to terminate its close cooperation shall notify the ECB. The ECB shall adopt a decision to terminate the cooperation. The decision shall start to apply no later than 30 days after the notification. The decision shall be notified to the Member State concerned and shall be published in the Official Journal of the European Union. The decision shall indicate the date from which it applies. Before taking the decision, the ECB shall, after having heard the views of the Member State concerned on the matter, establish a transition plan for the efficient transfer of supervisory responsibilities to the national competent authority. The plan shall take due consideration of the need to continuously maintain supervisory effectiveness and to protect the legitimate interests of credit institutions.
Amendment 653 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 5a* – subparagraph 1
Article 6 – paragraph 5a* – subparagraph 1
5a. Where the conditions set out in paragraph 2(a) to (c) are no longer met by a Member State concerned, or where its competent authority does not act in accordance with the obligation referred to in paragraph 2(c), the ECB may decide to terminate the close cooperation with that Member State. * NB: wrongly numbered as a shall notify that Member State of its intention to terminate the close cooperation if adequate corrective action is not taken. If such action is not taken within 10 days, a conciliation committee shall be established comprising three representatives each from the ECB and the Member State concerned. The conciliation committee shall work for 20 days at clarifying the situation and seeking to find ways to maintain the close cond paragraph ‘5’ in the Commission proposaloperation. If the conciliation committee cannot agree on how to resolve differences, the ECB may decide to terminate the close cooperation.
Amendment 657 #
2012/0242(CNS)
Proposal for a regulation
Article 6 – paragraph 5a* – subparagraph 2
Article 6 – paragraph 5a* – subparagraph 2
The decision shall be notified to the Member State concerned and shall be published in the Official Journal of the European Union. The decision shall indicate the date from which it applies, taking due consideration of supervisory effectiveness and legitimate interests of credit institutions. * NB: wrongly numbered as a second paragraph ‘5’ in the Commission proposal. Before taking the decision, the ECB shall, after having heard the views of the Member State concerned on the matter, establish a transition plan for the efficient transfer of supervisory responsibilities to the national competent authority. The plan shall take due consideration of the need to continuously maintain supervisory effectiveness and to protect the legitimate interests of credit institutions.
Amendment 822 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. In addition, the supervisory board shall include a Chair and a Vice-Chair elected by the members of the Governing Council from the members, with the exception of the President, of the Executive Board, and a Vice-Chair elected by and from the members of the Governing Council of the ECBollowing an open selection procedure and after approval by the European Parliament.
Amendment 846 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The supervisory board may appoint from among its members a steering committee with a more limited composition which supports its activities, including preparing the meetings. Among the members of the committee, there shall be a proportional representation of euro area Member States and Member States which have established a close cooperation. If there is at least one Member States in close cooperation, it shall be ensured that no less than one member of the committee is a representative of the national competent authority of such a Member State.
Amendment 852 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The representatives of the competent authority of the Member States which established a close cooperation in accordance with Article 6 shall take part to the activities of the supervisory board in accordance with the conditions be granted voting rights equal to thoset out in the decision adopted in accordance with paragraphs 2 and 3 of Article 6, in compliance with the Statute of ESCB and of the ECBf the euro area Member States.
Amendment 857 #
2012/0242(CNS)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Chair of the European Banking Authority and a member of the European Commission may participate as observers in the meetings of the supervisory board. Where relevant, the Chairs of the European Securities and Markets Authority, the European Insurance and Occupational Pensions Authority and the European Systemic Risk Board may also participate as observers.
Amendment 949 #
2012/0242(CNS)
Proposal for a regulation
Article 26 – paragraph 1 – point d
Article 26 – paragraph 1 – point d
(d) the appropriateness of governance arrangements, including the composition of the supervisory board and the collaboration between euro area Member States and Member States which have established a close cooperation.
Amendment 950 #
2012/0242(CNS)
Proposal for a regulation
Article 26 – paragraph 1 – point d a (new)
Article 26 – paragraph 1 – point d a (new)
(da) the impact of the supervisory activities of the ECB on the interests of the Union as a whole and on the coherence and integrity of the single market in financial services.
Amendment 8 #
2012/0205(CNS)
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) The enhanced fight against tax fraud and evasion is a key to restoring and maintaining the stability and strength of public finances across Europe.
Amendment 10 #
2012/0205(CNS)
Proposal for a directive
Recital 1
Recital 1
(1) Tax fraud in the field of value added tax (VAT) leads to considerable budget losslosses to public finances and affects the conditions of competition, and thus the fair and efficient operation of the internal market, in a negative way. Specific sudden and massive forms of tax fraud have recently developed especially via the use of electronic means which facilitate rapid illegitimate trade on a large scale.
Amendment 12 #
2012/0205(CNS)
Proposal for a directive
Recital 2
Recital 2
(2) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax8 allows Member States to apply for a derogation from that Directive in order to prevent certain forms of tax evasion or avoidance. Authorisation of such derogation requires a proposal from the Commission and its adoption by the Council. Recent experience has demonstrated that the process for granting derogations is not always quick or flexible enough to ensure a prompt and suitable reaction to requests by Member States.
Amendment 13 #
2012/0205(CNS)
Proposal for a directive
Recital 7
Recital 7
(7) The designation of the recipient as person liable for the payment of the VAT (reverse charge) is an effective measure to stop at once many of the most well-known types of tax evasion in certain sectors. However, given existing weaknesses in VAT systems and as the situation may evolve over time, it may also be necessary to allow for other measures. To that end, the Council should, where appropriate, upon proposal of the Commission and after consulting the European Parliament, determine any other measure as falling within the scope of the Quick Reaction Mechanism. The type of measures that could be authorised should be clearly and thoroughly established in order to minimise the time necessary for the authorisation of the derogations by the Commission.
Amendment 16 #
2012/0205(CNS)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In order to continuously develop and improve the Quick Reaction Mechanism, the Commission should report regularly to the Council and the European Parliament on its application, examining, inter alia, other measures to be added to the scope of the mechanism and new ways to strengthen cooperation between Member States in the general framework of the mechanism.
Amendment 17 #
2012/0205(CNS)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) In order for the Quick Reaction Mechanism to function in a satisfactory way, the Commission at all times has to be capable of acting swiftly and accurately on these matters. It should therefore be ensured that human and other resources are adequate and that an accelerated internal decision-making procedure is set up and maintained for the purpose of the mechanism.
Amendment 18 #
2012/0205(CNS)
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) Since the application of a special measure in one Member State could have repercussions on the VAT systems of the other Member States, the Commission should, in order to maintain transparency, inform all Member States about all requests being made and about all decisions being taken with regard to those requests.
Amendment 19 #
2012/0205(CNS)
Proposal for a directive
Recital 9 d (new)
Recital 9 d (new)
(9d) In its work on enhancing and fine- tuning the Quick Reaction Mechanism, the Commission should consult extensively with business actors in fraud- prone sectors and with other relevant stakeholders.
Amendment 21 #
2012/0205(CNS)
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a The Commission shall, by 1 January 2014, present a report on how the regular derogation procedure set out in Article 395 of Directive 2006/112/EC could be made quicker. The aim of the report shall be to identify changes to existing structures and routines that would ensure that the Commission always completes the procedure within five months of receipt of an application from a Member State. The report shall, if appropriate, be followed up by legislative proposals.
Amendment 22 #
2012/0205(CNS)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
For the purposes of point (a), the and (b), any special measure being used shall be subject to appropriate control measures by the Member States with respect to taxable persons who supply the goods or services to which that measure applies.
Amendment 23 #
2012/0205(CNS)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2006/112/EC
Section 1a – Article 395a – paragraph 2 – subparagraph 1
Section 1a – Article 395a – paragraph 2 – subparagraph 1
A Member State wishing to introduce a measure as provided for in paragraph 1 shall send an application to the Commission. The Member State shall provide it with the information indicating the sector concerned, the type and the features of the fraud, its sudden and massive character and its consequences in terms of considerable and irreparable financial losses. If the Commission considers it does not have all the necessary information, it shall contact the Member State concerned within one monthtwo weeks of receipt of the application and specify what additional information is required.
Amendment 25 #
2012/0205(CNS)
Proposal for a directive
Article 1 – paragraph 1 (new)
Article 1 – paragraph 1 (new)
Directive 2006/112/EC
Section 1a – Article 395a – paragraph 2 – subparagraph 1a (new)
Section 1a – Article 395a – paragraph 2 – subparagraph 1a (new)
A fraud shall be seen as having a massive character, as referred to in the first subparagraph, if it has resulted in or is expected to lead to aggregate financial losses exceeding 0,25% of the requesting Member State's total VAT receipts during a specific period of time. A fraud where losses do not exceed 0,25% of total VAT receipts shall be deemed to have a massive character only if it is narrowly concentrated to a specific sub-sector or product.
Amendment 26 #
2012/0205(CNS)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2006/112/EC
Section 1a – Article 395a – paragraph 2 – subparagraph 2
Section 1a – Article 395a – paragraph 2 – subparagraph 2
Once the Commission has all the information it considers necessary for appraisal of the request it shall,: (a) notify the requesting Member State accordingly, (b) transmit the request, in its original language, to the other Member States, (c) within one month, either authorise the special measure or, in case the Commission objects to the requested measure, inform the Member State concerned and the other Member States thereof.
Amendment 29 #
2012/0205(CNS)
Proposal for a directive
Article 1 – paragraph 1 (new)
Article 1 – paragraph 1 (new)
Directive 2006/112/EC
Section 1a – Article 395c – paragraph 1 (new)
Section 1a – Article 395c – paragraph 1 (new)
Article 395c Every three years and for the first time by 1 July 2014, the Commission shall submit to the Council and the European Parliament a report on the application of the mechanism established under this Section. The report shall, inter alia, examine further special measures to be added to the scope of the mechanism and new ways to strengthen cooperation between Member States in the general framework of the mechanism.
Amendment 9 #
2012/0164(APP)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas it is crucial, in this context, to fully respect the role of social partners as well as national practices and institutions for wage formation;
Amendment 186 #
2012/0150(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Recovery and resolution plans should include procedures for informing and consulting with employees and their representatives throughout the recovery and resolution processes. Where applicable, collective agreements, or other arrangements provided for by social partners, should be respected in this regard.
Amendment 201 #
2012/0150(COD)
Proposal for a directive
Recital 29
Recital 29
(29) When applying resolutions tools and exercising resolution powers, resolution authorities should make sure that shareholders and creditors bear an appropriate share of the losses, that the managers are replaced, that the costs of the resolution of the institution are minimised, and that all creditors of an insolvent institution that are of the same class are treated in a similar manner. Resolution authorities should consistently take the employee perspective into account and should ensure that no resolution action has an unnecessarily negative impact on employees. When the use of the resolution tools involves the granting of State aid, interventions should have to be assessed in accordance with the relevant State aid provisions. State aid may be involved, inter alia, where resolution funds or deposit guarantee funds intervene to assist in the resolution of failing institutions.
Amendment 205 #
2012/0150(COD)
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) When applying resolution tools and exercising resolution powers, resolution authorities should inform and consult with the employees and their representatives. Where applicable, collective agreements, or other arrangements provided for by social partners, should be respected in this regard.
Amendment 206 #
2012/0150(COD)
Proposal for a directive
Recital 29 b (new)
Recital 29 b (new)
(29b) Where practised, employee representation in the management body should, by adding a key perspective and genuine knowledge of internal structures, be seen as a positive factor in processes aimed at putting unsound or failing institutions back on a sustainable path. Therefore, the use of early intervention measures, as well as the application of resolution tools and the exercise of resolution powers, should be without prejudice to provisions on the representation of employees in company boards as provided for by national legislation or practice.
Amendment 547 #
2012/0150(COD)
Proposal for a directive
Article 9 – paragraph 4 – point m a (new)
Article 9 – paragraph 4 – point m a (new)
(ma) a description of the procedures to be used for informing and consulting with employees and their representatives in the process of carrying out the plan;
Amendment 844 #
2012/0150(COD)
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 3 a (new)
Article 23 – paragraph 2 – subparagraph 3 a (new)
The application of measure (d) in paragraph 1 of this Article shall be without prejudice to provisions on the representation of employees in company boards as provided for by national legislation or practice.
Amendment 857 #
2012/0150(COD)
Proposal for a directive
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. The special manager shall inform and consult with employees and their representatives. Where applicable, collective agreements, or other arrangements provided for by social partners, shall be respected in this regard.
Amendment 970 #
2012/0150(COD)
Proposal for a directive
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. When applying the resolution tools and exercising the resolution powers, resolution authorities shall inform and consult with the employees and their representatives. Where applicable, collective agreements, or other arrangements provided for by social partners, shall be respected in this regard.
Amendment 972 #
2012/0150(COD)
Proposal for a directive
Article 29 – paragraph 3 b (new)
Article 29 – paragraph 3 b (new)
3b. When resolution authorities apply resolution tools and exercise resolution powers, this shall be done without prejudice to provisions on the representation of employees in company boards as provided for by national legislation or practice.
Amendment 1037 #
2012/0150(COD)
Proposal for a directive
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
(b) the resolution authority appoints the bridge institution's board of directors, approves the relevant salariesalaries of those directors and determines the appropriate responsibilities;
Amendment 1115 #
2012/0150(COD)
Proposal for a directive
Article 38 – paragraph 2 – subparagraph 1 – point e – point i
Article 38 – paragraph 2 – subparagraph 1 – point e – point i
(i) an employee, in relation to accrued salary, pension benefits or other fixed remuneration, except forand, regarding non- executive staff only, in relation to variable remuneration of any form;
Amendment 1336 #
2012/0150(COD)
Proposal for a directive
Article 74 – paragraph 5 – subparagraph 3
Article 74 – paragraph 5 – subparagraph 3
The authority or authorities responsible for that decision shall notify the institution in question. A notification pursuant to this paragraph may take the form of the public notification referred to in paragraph 6. If the notification is not made public in accordance with paragraph 6, the management body shall without any delay inform the employees and their representatives about it.
Amendment 1337 #
2012/0150(COD)
Proposal for a directive
Article 74 – paragraph 6
Article 74 – paragraph 6
6. Where the resolution authority takes a resolution action, it shall make that action public and shall take reasonable steps to notify all known shareholders and creditors, in particular employees and retail investors, affected by the exercise of the resolution power. The measures specified in Article 75(4) shall be deemed reasonable steps for the purposes of this paragraph.
Amendment 1669 #
2012/0150(COD)
Proposal for a directive
Annex 1 – section 1 – paragraph 1 – point 9 a (new)
Annex 1 – section 1 – paragraph 1 – point 9 a (new)
(9 a) a general assessment of the effects that the implementation of the plan would have on the employees of the institution;
Amendment 1671 #
2012/0150(COD)
Proposal for a directive
Annex 1 – section 1 – paragraph 1 – point 9 b (new)
Annex 1 – section 1 – paragraph 1 – point 9 b (new)
(9 b) a description of the procedures to be used for informing and consulting with employees and their representatives throughout the recovery phase;
Amendment 1676 #
2012/0150(COD)
Proposal for a directive
Annex 1 – section 2 – paragraph 1 – point 17 a (new)
Annex 1 – section 2 – paragraph 1 – point 17 a (new)
(17 a) a description of the arrangements that the institution has in place for informing and consulting with employees and their representatives, including, where applicable, collective agreements in force;
Amendment 1679 #
2012/0150(COD)
Proposal for a directive
Annex 1 – section 3 – paragraph 1 – point 3 a (new)
Annex 1 – section 3 – paragraph 1 – point 3 a (new)
(3 a) The extent to which there are adequate arrangements in place for informing and consulting with employees and their representatives throughout a resolution process;
Amendment 77 #
2012/0061(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The key characteristic of genuine posting is that the workers concerned are not seeking access to the labour market of the host Member State to which they are posted.
Amendment 255 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall tmake into accountan overall assessment of all factual elements characterising the activities carried out by an undertaking in the Member State in which it is established and, where necessary, in the Member State to which the posting takes place in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may include in the Member State of establishment or the employment of staff only in the Member State to which the posting takes place. In particular, the following elements shall be taken into consideration:
Amendment 268 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, has a professional licence or is registered with the chambers of commerce or professional bodiesperforms its substantial business activity in the sector where the posted worker is employed,
Amendment 275 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
Article 3 – paragraph 1 – subparagraph 1 – point a a (new)
(a a) the place where the undertaking pays taxes and social security contributions,
Amendment 276 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
Article 3 – paragraph 1 – subparagraph 1 – point a b (new)
(a b) the generation of more than 25% turnover in the Member State of establishment,
Amendment 279 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point b
Article 3 – paragraph 1 – subparagraph 1 – point b
(b) the place where posted workers are recruited and usually employed,
Amendment 283 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point c
Article 3 – paragraph 1 – subparagraph 1 – point c
(c) the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clientsproportion of staff working in the Member State of establishment, on the one hand, and the place where the majority of contracts with clients are carried out, on the other hand,
Amendment 335 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point a
Article 3 – paragraph 2 – subparagraph 2 – point a
(a) the work is carried out for a limited period of time in another Member State. In particular, attention shall be paid to the time spent by the worker on posting compared to the length of employment in the habitual place of work;
Amendment 406 #
2012/0061(COD)
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b Applicable law 1. Where it is not established that an undertaking performs genuine substantial activity in the Member State of establishment in accordance with Article 3.1, the undertaking shall be considered to be established in the Member State where it provides the service. 2. Where it is not established that a posted worker is temporarily carrying out work in a Member State other than the one in which he normally works in accordance with Article 3.2, the habitual place of employment, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided. 3. Terms and conditions of employment, as provided for in the national laws and collective agreements of the Member State of establishment and/or the Member State where the service is provided, which are more favourable to workers shall apply. 4. In the event of absence, lack or incompletion of documents such as the ones referred to in Article 3 of Directive 91/533 or the A1 certificate concerning the social security legislation, as stipulated for posted workers by Regulation 883/2004 and implementing Regulation 987/2009, the situation should not be characterised as one of 'temporarily posting' to another Member State, and thus the applicable terms and conditions of employment, shall be those of the Member State where the service is provided.
Amendment 448 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where, in accordance with national law, traditions and practices and with full respect for the autonomy of the social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with aArticle 3 paragraph 1 and 8 of that Directive, Member States should ensure that the social partners shall identify these and make available the relevant information, in particular concerning the different minimum rates of pay and their constituent elements, the method used to calculate the remuneration due and the qualifying criteria for classification in the different wage categories, , available in an accessible and transparent way for service providers from other Member States and posted workers. Terms and conditions of employment should be available in an accessible and transparent way.
Amendment 488 #
2012/0061(COD)
Proposal for a directive
Article 6 – paragraph 7
Article 6 – paragraph 7
7. Member States shall ensure the confidentiality of the information which they exchange. Information exchanged shall be used only in respect of the matter(s) for which it was requested in accordance with national law and practice.
Amendment 533 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only impose the followingshall impose administrative requirements and effective control measures. These measures shall include in particular:
Amendment 542 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities at the latest at the commencementone month in advance of the service provision, whereby the declaration may only covershall cover in particular: - the identity of the service provider,; - the presence of one or more clearly identifiable posted workers, their anticipated number, the anticipated duration and location of their presence, andanticipated number and the individual identification data of the posted workers; - the anticipated duration of posting; - the place where the service is to be provided; - the services justifying the posting;
Amendment 553 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) an obligation for the service provider to inform the responsible national competent authorities without delay: - in case the posting does not or has not taken place or was terminated ahead of schedule; - in case the service justifying the posting is interrupted; - in case the posted worker has been assigned by his employer to another undertaking, in particular in the event of a merger or a transfer of undertaking; - in case of any other changes related to the information provided according to Article 9.1 (a);
Amendment 555 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) an obligation to keep or make available documents and/or retain copies in paper or electronic form for the competent authorities and the trade unions, at the place where the service is provided, during the period of service provision and up to two years after the period of service provision. This obligation concerns the following documents in particular: - a copy of the A1 form as proof of social security coverage in the home member state, - of the employment contract (or an equivalent document within the meaning of Directive 91/533, including, where appropriate or relevant, the additional information referred to in Article 4 of that Directive), - payslips, - time-sheets and, - proof of payment of wages or copies of equivalent documents during the period of posting, - an assessment of the risks to safety and health at work, including protective measures to be taken, in accordance with Directive 89/391/EC, - where the posted worker is a third country national, copies of the work permit and of the residence permit. The documents shall be kept in an accessible and clearly identified place in itsthe territory of the host Member State, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 588 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation to designate a contact person to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.legal representative present in the Member State to which the posting takes place, during the period in which the services are provided, to negotiate and to conclude collective agreements, if necessary, in accordance with national legislation and practice on behalf of the employer with the relevant social partners in that Member State
Amendment 597 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) other administrative requirements and control measures without which competent authorities cannot carry out their supervisory tasks effectively. These requirements shall be made publicly available.
Amendment 652 #
2012/0061(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In Member States where, in accordance with national law and practice, the setting of the terms and conditions of employment of posted workers referred to in Article 3 of Directive 96/71/EC, and in particular the minimum rates of pay, including working time, is left to management and labour they may, at the appropriate level and subject to the conditions laid down by the Member States, also the monitor the application of the relevant terms and conditions of employment of posted workers, provided that an adequate level of protection equivalent to that resulting from Directive 96/71/EC and this Directive is guaranteed.
Amendment 664 #
2012/0061(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that trade unions and other third parties, such as associations, organisations and other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive and Directive 96/71/EC are complied with, may engage, on behalf or in support of the posted workers or their employer, with their approval in any judicial or administrative proceedings provided for with the objective of implementing this Directive and Directive 96/71/EC and/or enforcing the obligations under this Directive and Directive 96/71/EC. Trade unions shall have the right of collective action in order to ensure compliance with the requirements of this Directive and Directive 96/71/EC and the possibility of taking representative action on behalf of posted workers.
Amendment 20 #
2011/2082(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that one of the key features of VAT is the principle of neutrality3 , and that since VAT is a final consumption tax, businesses should not bear the burden of the VAT; points out that Member States should ensure that in principle all commercial transactions are taxed as far as possible and that any exemptions are construed narrowly, whilst also ensuring that similar goods and services are subject to the same VAT treatments; underlines, for example, that all books regardless of format should be treated in exactly the same way, which means that downloadable and streamed books should be subject to the same VAT treatment as books on physical means of support;
Amendment 40 #
2011/2082(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Underlines that non-profit-making organisations play a vital and very beneficial role for democracy, growth and prosperity in Europe; calls on the Commission to propose a mechanism allowing Member States wishing to strengthen civil society to generally exempt from VAT all or most of the activities and transactions carried out by these organisations; stresses that at least the smaller non-profit-making organisations should be covered by such a mechanism;
Amendment 56 #
2011/2082(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Commission to look carefully into the issue of further reducing VAT red tape for non-profit- making organisations; underlines that there should be a higher degree of flexibility in the VAT system for Member States wishing to take ambitious measures in order to ease the VAT administration burden for these organisations;
Amendment 1 #
2011/2071(INI)
Draft opinion
Citation 1 (new)
Citation 1 (new)
– having regard to Articles 148 and 153(5) of the Treaty on the Functioning of the European Union (TFEU),
Amendment 18 #
2011/2071(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for a Convention on the democratic dimension of the European semester of policy coordination so as to enable the European Parliament and National Parliaments to define its calendar, content and methodology in interaction with social partners and civil society;
Amendment 31 #
2011/2071(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to make use of all available information and expertise, including that of the European Foundation for the Improvement of Living and Working Conditions, in its assessment of the progress towards the Europe 2020 objectives and related initiatives;
Amendment 32 #
2011/2071(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to carry out an impact assessment based on Article 9 TFEU regarding its recommendations for action, including the proposals for priority actions to the Spring European Council and its recommendations for guidance on a country-by-country basis to the June European Council;
Amendment 54 #
2011/2071(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that employment and social policies have a central role in the whole Europe 2020 strategy and in its governance; considers that these policies must be strengthened in the light of the crisis, and that the European Semester is essential in reaching this objective;
Amendment 57 #
2011/2048(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that a change in procurement practices should seek to simplify procurement rules and thus facilitate socially innovative public procurement; stresses that the Public Procurement Directive should be amended to make it clearer that it is both desirable and possible for public operators to impose conditions and take account both of social criteria and of good quality employment when awarding contracts;
Amendment 81 #
2011/2048(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Regrets that the Green Paper does not use the opportunity to clarify the divergent views on public procurement in relation to the posting of workers and calls on the Commission to amend the Directive so that it specifically does not prevent any country from meeting the demands of ILO Convention 94;
Amendment 2 #
2011/2019(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 3 #
2011/2019(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. ENotes that the crisis has clearly highlighted the importance for the strength of government finances of having effective and fraud-proof tax collection systems; emphasises that the fight against tax fraud must be highly prioritised and that the appropriations proposed for the Fiscalis programme for 2012 are not ambitious enough;
Amendment 82 #
2011/2019(BUD)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that the European Supervisory Authorities have a crucial role to play in safeguarding market stability and that they need to be adequately funded in order for regulatory reforms to be effective; reiterates that one single supervisory authority would be more cost-efficient; welcomes the budget increases proposed for all three authorities as important steps in their build-up procedures, while calling for additional resources for the joint committee; emphasises that any additional tasks entrusted to these authorities must be swiftly accompanied by the corresponding allocation of supplementary resources; underlines, inter alia, that the new responsibilities planned for the European Securities and Markets Authority (ESMA) in the areas of short-selling and derivatives must be promptly reflected in the 2012 budget procedure as soon as the legal bases are in place;
Amendment 87 #
2011/2019(BUD)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the increase (+ EUR 5.7 million) in the overall level of commitment appropriations for the Competitiveness and Innovation Framework programme compared to what was initially foreseen; hopes that this increase will contribute to improving the access of SMEs to this programme and to developing specific programmes and innovative financial mechanisms; supports, in particular, the sharp increase in payments proposed for the CIP-EIP programme as an indispensable reaction to the positive trend of SMEs recovering from the crisis; notes that the present budgetary request – being based on very recent developments – is to be seen as provisional; stresses, therefore, that there should be a preparedness throughout the 2012 budget process to further increase the payments in this programme if the recovery over the coming months turns out to be stronger than currently foreseen;
Amendment 96 #
2011/2019(BUD)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Is concerned about the proposed reduction in appropriations for the Union Statistical Programme and the very limited – below the rate of inflation – increase in staff expenditure in the ‘Statistics’ policy area; emphasises that there is a strong need to continuously make sure that the resources of Eurostat match the expanding workload and the enhanced quality demands in the key area of economic and financial statistics;
Amendment 101 #
2011/2019(BUD)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Notes that the crisis has clearly highlighted the importance for the strength of government finances of having effective and fraud-proof tax collection systems; stresses that the fight against tax fraud and evasion must be highly prioritised and that the appropriations for Fiscalis must enable the programme to respond to this ambition;
Amendment 213 #
2011/2019(BUD)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Acknowledges the Commission’s efforts not to request any additional posts, but views with scepticism its commitment to meet all its needs, including those relating to new priorities and to the entry into force of the TFEU, merely by means of internal redeployment of existing human resources; wonders in particular where the 230 additional posts for thneeded to ensure the appropriate monitoring of Member States’ economic and financial situation within DG ECFIN are to be redeployed from and what the impact of 70 fewer posts for administrative support and programmes management will be, following redeployments within specific Directorates-General; stresses that the human resources issue is made all the more important by the fact that DG ECFIN may have to be further strengthened to cope with vital additional tasks as soon as the economic governance package has been adopted;
Amendment 83 #
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 45(2), Article 53(1), Article 62 and Article 114 as well as Protocol 26 thereof,
Amendment 87 #
2011/0438(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. 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 sectors and Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending,enable procurers to make better use of public procurement in support of sustainable development compliance with social and labour rights and other common societal goals and in order thereby to increase the efficiency of public spending, guaranteeing the best possible results in terms of cost effectiveness 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 Union rules on public procurement, in particular as regards the method used to achieve the sustainability objectives which should be part and parcel of public procurement policy and 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.
Amendment 120 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)
Article 1 – paragraph 1 – subparagraph 1 a (new)
This Directive is without prejudice to the right of public authorities at all levels to decide whether, how, and to what extent they want to perform public functions themselves. Public authorities may perform public interest tasks using their own resources, without being obliged to call on outside economic operators. They may do so in cooperation with other public authorities.
Amendment 124 #
2011/0438(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Contracts for social and other specific services listed in Annex XVI are exclusively regulated by articles 74-76 in this Directive.
Amendment 130 #
2011/0438(COD)
Proposal for a directive
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) employment contracts or collective agreements which contributes to the improvement of conditions of work and employment;
Amendment 132 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
Amendment 133 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point a
Article 11 – paragraph 1 – subparagraph 1 – point a
Amendment 134 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point b
Article 11 – paragraph 1 – subparagraph 1 – point b
Amendment 138 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point c
Article 11 – paragraph 1 – subparagraph 1 – point c
Amendment 141 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Amendment 144 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 148 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Amendment 152 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 - subparagraph 1 – point a
Article 11 – paragraph 3 - subparagraph 1 – point a
Amendment 154 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
Article 11 – paragraph 3 – subparagraph 1 – point b
Amendment 157 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point c
Article 11 – paragraph 3 – subparagraph 1 – point c
Amendment 162 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – introductory part
Article 11 – paragraph 3 – subparagraph 2 – introductory part
Amendment 165 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point a
Article 11 – paragraph 3 – subparagraph 2 – point a
Amendment 169 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point b
Article 11 – paragraph 3 – subparagraph 2 – point b
Amendment 172 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point c
Article 11 – paragraph 3 – subparagraph 2 – point c
Amendment 176 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2 – point d
Article 11 – paragraph 3 – subparagraph 2 – point d
Amendment 178 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
Amendment 180 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
Amendment 183 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 184 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point c
Article 11 – paragraph 4 – point c
Amendment 187 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point d
Article 11 – paragraph 4 – point d
Amendment 188 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 4 – point e
Article 11 – paragraph 4 – point e
Amendment 191 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1
Article 11 – paragraph 5 – subparagraph 1
Amendment 193 #
2011/0438(COD)
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
Amendment 201 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Public procurement is to be used to achieve a smart, sustainable and inclusive growth and to support common societal goals and to provide goods and services of high quality. It is the right of public authorities at all levels to decide how they want to provide commissioning and organise their services.
Amendment 204 #
2011/0438(COD)
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
1b. Economic operators shall apply obligations relating to social and employment protection and the working conditions which apply in the place where the work, service or supply is to be performed as set out by national legislation and/or collective agreements or international labour law provisions listed in Annex XI and in particular ILO Convention 94.
Amendment 217 #
2011/0438(COD)
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3a. Member States that have whistle- blower protection for public employees to combat corruption and other breaches of civil law and/or crimes (within the public sector) may request that an equivalent protection is given to an employee employed by the economic operator, if the economic operator performs publically funded services
Amendment 254 #
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 for the label only concern characteristics which are linked to the subject-matter of the contract or the production of 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 298 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1 – point a
Article 66 – paragraph 1 – subparagraph 1 – point a
(a) the most socially, environmentally and economically advantageous tender;
Amendment 303 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 2 – introductory part
Article 66 – paragraph 2 – introductory part
2. The most economically, socially and environmentally 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 or the production of the subject-matter of the public contract in question, such as:
Amendment 307 #
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 the design of works, the organisation, qualification and experience of the staff assigned to performing the contract in question as well as the capacities, abilities and professional conduct of any subcontractor may be taken into consideration, with the consequence that, following the award of the contract, such staff may only be replaced and further subcontracting will only be permitted with the consent of the contracting authority, which must verify that replacements or further subcontracting ensure equivalent organisation and quality;
Amendment 309 #
2011/0438(COD)
Proposal for a directive
Article 66 – paragraph 5 – subparagraph 1
Article 66 – paragraph 5 – subparagraph 1
In the case referred to in point (a) of paragraph 1 the contracting authority shall specify, in the contract notice, in the invitation to confirm interest, in the procurement documents or, in the case of a competitive dialogue, in the descriptive document, the relative weighting which it gives to each of the criteria chosen to determine the most economically, socially and environmentally advantageous tender.
Amendment 339 #
2011/0438(COD)
Proposal for a directive
Article 70 a (new)
Article 70 a (new)
Amendment 80 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
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, applicable regime, competent authorities involved, card number, security features, education, professional experience, training courses of importance to public safety and reference to a valid proof of identity.
Amendment 88 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
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 healthrelating to the public interest, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 97 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2005/36/EC
Article 5 – paragraph 1 – point b – subparagraph 2 – point b
Article 5 – paragraph 1 – point b – subparagraph 2 – point b
Amendment 108 #
2011/0435(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2005/36/EC
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
For the first provision of services, in the case of regulated professions having public health or safety implicationswith overriding reasons relating to the public interest, which do not benefit from automatic recognition under Chapter II or III of Title III , the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient, the service provider or the public in general due to a lack of professional qualification of the service provider and where this does not go beyond what is necessary for that purpose.
Amendment 105 #
2011/0386(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In applying this Regulation, the Council and the Commission should fully respect the role of the social partners, as well as differences in the national systems, such as the systems for wage formation.
Amendment 124 #
2011/0386(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The application of this Regulation shall fully observe Article 152 TFEU and shall fully respect national practices and institutions for wage formation. This Regulation takes into account Article 28 of the Charter of Fundamental Rights of the European Union, and, accordingly, does not affect the right to negotiate, conclude or enforce collective agreements or to take collective action in accordance with national law and practices.
Amendment 60 #
2011/0385(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In applying this Regulation, the Council and the Commission should fully respect the role of social partners, as well as differences in national systems, such as the systems for wage formation.
Amendment 95 #
2011/0385(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The application of this Regulation shall fully observe Article 152 TFEU and shall fully respect national practices and institutions for wage formation. This Regulation shall take into account Article 28 of the Charter of Fundamental Rights of the European Union, and, accordingly, shall not affect the right to negotiate, conclude or enforce collective agreements or to take collective action in accordance with national law and practices.
Amendment 253 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. In order to ensure that the funding levels allocated to the main categories of stakeholders and beneficiaries will not be reduced below the levels guaranteed by the Lifelong Learning, Youth in Action and Erasmus Mundus programmes for the 2007-2013 period, allocation among the main educational sectors shall be in line with the following percentages: higher education 25%, vocational training and adult learning 22% (with adult learning making up 7%), school education 7% and youth 7%.
Amendment 291 #
2011/0371(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The National Agency shall enable local and regional authorities and stakeholders to take part in shaping the implementation and monitoring of projects.
Amendment 32 #
2011/0308(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to provide for enhanced transparency of payments made to governments, large undertakings and public interest entities which are active in the extractive industry or logging of primary forests1 should disclose in a separate report on an annual basis material payments made to governments in the countries in which they operate. SuchThe report should be attached to the annual financial statement. As regards undertakings are active in countries rich in natural resources, in particular minerals, oil, natural gas as well as primary forests. T, the report should include types of payments comparable to those disclosed by an undertaking participating in the Extractive Industries Transparency Initiative (EITI). The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market. __________________ 1 Defined in Directive 2009/28/EC as ‘naturally regenerated forest of native species, where there is no clearly visible indication of human activities and the ecological processes are not significantly disturbed.’
Amendment 38 #
2011/0308(COD)
Proposal for a directive
Recital 33
Recital 33
(33) The reports should serve to facilitate governmprovide citizents of resource-rich countries in implementing the EITI Principles and Criteria andand civil society with all information needed to efficiently hold governments to account tofor their citizens for payments such governments payments they receive from undertakings active within the extractive industry or loggers of primary forests operating within their jurisdictionir jurisdiction. As regards resource-rich countries, the reports should specifically aim to facilitate the implementation of the EITI Principles and Criteria. The report should incorporate disclosures on a country-by-country and project-by-project basis, where a project is considered as the lowest level of operational reporting unit at which the undertaking prepares regular internal management reports, such as a concession, geographical basin, etc and where payments have been attributed to such projects. In the light of the overall objective of promoting good governance in these countries, the materiality of payments to be reported should be assessed in relation to the recipient government. Various cCriteria on materiality cshould be envisaged such asset out in terms of payments of an absolute amount, or a percentage threshold (such as payments in excess of a percentage of a country’s GDP) and these can be defined through a delegated act and should be defined in detail through a delegated act. As a general point of reference, payments exceeding EUR 20 000 should normally be considered to be material. The reporting regime should be subject to a review and a report by the Commission within fivthree years of the entry into force of the Directive. The review should consider the effectiveness of the regime and take into account international developments including issues of competitiveness and energy security. The review should also take into account the experience of preparers and users of the payments information and consider whether it would be appropriate to include additional paymentfinancial information, such as effective tax ratesturnover, quantities produced, profits or losses before tax, effective tax rates and fixed asset investment, and recipient details, such as bank account information.
Amendment 90 #
2011/0308(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall require large undertakings and all public interest entities active in the extractive industry or the logging of primary forests to prepare and make public a report on payments made to governments on an annual basis. The report shall be attached to the annual financial statement.
Amendment 129 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) taxes on profits, in absolute terms and in relation to profits before tax;
Amendment 159 #
2011/0308(COD)
Proposal for a directive
Article 38 – paragraph 5
Article 38 – paragraph 5
Amendment 167 #
2011/0308(COD)
Proposal for a directive
Article 39 – paragraph 1
Article 39 – paragraph 1
1. A Member State shall require any large undertaking or any public interest entity active in the extractive industry or the logging of primary forests and governed by its national law to draw up a consolidated report on payments to governments in accordance with Articles 37 and 38 if that parent undertaking is under the obligation to prepare consolidated financial statements as laid down in Article 23(1) to 23(6) of this Directive. The report shall be attached to the annual financial statement.
Amendment 183 #
2011/0308(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
The Commission shall review and report on the implementation and effectiveness of this Chapter, in particular as regards the scope of the reporting obligations and the modalities of the reporting on a project basis. The review should also take into account international developments and consider the effects on competitiveness and security of energy supply. It should be completed at the latest fivthree years after the date of entry into force of this Directive. The report shall be submitted to the European Parliament and the Council, together with a legislative proposal, if appropriate.
Amendment 12 #
2011/0307(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to provide for enhanced transparency of payments made to governments, issuers whose securities are admitted to trading on a regulated market and which have activities in the extractive or logging of primary forest industries should disclose in a separate report on an annual basis payments made to governments in the countries in which they operate. The report should include types of payments comparable to those disclosed under the Extractive Industries Transparency Initiative (EITI) and providebe attached to the annual financial statement and should incorporate disclosures on a country-by- country as well as on a project-by-project basis. The report should provide citizens and civil society with all the information to hold governments of resource-rich countries to account for their receipts from the exploitation of natural resourcesneeded to efficiently hold governments to account for the payments they receive from issuers active within their jurisdiction. As regards issuers active in countries rich in natural resources, the report should include types of payments comparable to those disclosed under the Extractive Industries Transparency Initiative (EITI). The initiative is also complementary to the EU FLEGT Action Plan (Forest Law Enforcement, Governance and Trade) and the Timber Regulation which require traders of timber products to exercise due diligence in order to prevent illegal wood from entering into the EU market. The detailed requirements are defined in Chapter 9 of Directive 2011/.../EU of the European Parliament and of the Council.
Amendment 34 #
2011/0307(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2004/109/EC
Article 6
Article 6
Member States shall require issuers active in the extractive or logging of primary forest industries, as defined in […] to prepare, in accordance with Chapter 9 of Directive 2011/.../EU of the European Parliament and of the Council (*), a report on payments made to governments on an annual basis. The report shall be made public at the latest six months after the end of eachincorporate disclosures on a country-by-country as well as on a project-by-project basis. It shall be attached to the annual financial yearstatement and shall remain publicly available for at least five years. Payments to governments shall be reported at consolidated level.
Amendment 252 #
2011/0298(COD)
Proposal for a directive
Recital 38
Recital 38
(38) It is necessary to strengthen the role of management bodies of investment firms in ensuring sound and prudent management of the firms, the promotion of the integrity of the market and the interest of investors. The management body of an investment firm should at all time commit sufficient time and possess adequate knowledge, skills and experience to be able to understand the business of the investment firm and its main risk. To avoid group thinking and facilitate critical challenge, management boards of investment firms should be sufficiently diverse as regards age, gender, provenance, education and professional background to present a variety of views and experiences. Gender balance is of a particular importance to ensure adequate representation of demographical reality. Employee representation in management bodies should also, by adding a key perspective and genuine knowledge of the internal workings of the firms, be seen as a positive way of enhancing diversity.
Amendment 295 #
2011/0298(COD)
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52a) In order to ensure adequate investor protection, investment firms should be obliged to maintain appropriate recruitment policies and working conditions for those employees who give advice, provide services and sell financial products to clients. The firms should make certain that these employees are well-qualified, that they are continuously provided with relevant training and that they are given the time necessary to be able to deliver balanced and comprehensive advice. The firms should not make the employees subject to biased sales strategies, based for example on excessive sales targets or sales instructions pointing to a specific service or product, which create incentives not to deliver fair and honest recommendations in accordance with the best interest of clients.
Amendment 357 #
2011/0298(COD)
Proposal for a directive
Recital 99
Recital 99
(99) In order to detect potential breaches, competent authorities should have the necessary investigatory powers, and should establish effective and reliable mechanisms to encourage reporting of potential or actual breaches. Employees reporting breaches within their own institutions should be well-protected and have full anonymity. These mechanisms should be without prejudice to adequate safeguards for accused persons. Appropriate procedures should be established to ensure the right of the reported person of defence and to be heard before the adoption of a final decision concerning him as well as the right to seek remedy before a tribunal against a decision concerning him.
Amendment 530 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall require investment firms to take into account diversity as one of the criteria for selection of members of the management body. In particular, taking into account the size of their management body, investment firms shall put in place a policy promoting gender, age, educational, professional and geographical diversity on the management body. Employee representation in the management body shall also, by adding a key perspective and genuine knowledge of the internal workings of the firm, be seen as a positive way of enhancing diversity.
Amendment 547 #
2011/0298(COD)
Proposal for a directive
Article 9 – paragraph 8 a (new)
Article 9 – paragraph 8 a (new)
8a. This Article shall be without prejudice to provisions on the representation of employees in company boards as provided for by national legislation or practice.
Amendment 668 #
2011/0298(COD)
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall require investment firms to take all appropriatethe necessary steps to identify conflicts of interest between themselves, including their managers, employees and tied agents, or any person directly or indirectly linked to them by control and their clients or between one client and another that arise in the course of providing any investment and ancillary services, or combinations thereof.
Amendment 841 #
2011/0298(COD)
Proposal for a directive
Article 25 a (new)
Article 25 a (new)
Article 25 a Recruitment policies and working conditions for frontline employees In order to ensure that the provisions on investor protection in Articles 24 and 25 of this Directive are met, Member States shall require that investment firms maintain appropriate recruitment policies and working conditions for those employees who give advice, provide services and sell financial products to clients. These employees shall: (a) be at sufficiently high qualification and knowledge levels with regard to the services and products on offer, (b) be continuously provided with adequate training and updated information on new services and products, (c) be given the time and resources necessary to be able to deliver balanced and comprehensive advice and to provide clients with all relevant information, (d) not be made subject to biased sales strategies, based for example on excessive sales targets or sales instructions pointing to a specific service or product, which create incentives to deviate from giving fair and honest recommendations in line with the best interests of clients.
Amendment 972 #
2011/0298(COD)
Proposal for a directive
Article 48 – paragraph 3
Article 48 – paragraph 3
3. Member States shall require market operators to take into account diversity as one of the criteria for selection of members of the management body. In particular, taking into account the size of their management body, market operators shall put in place a policy promoting gender, age, educational, professional and geographical diversity on the management body. Employee representation in the management body should also, by adding a key perspective and genuine knowledge of the internal workings of the operator, be seen as a positive way of enhancing diversity.
Amendment 974 #
2011/0298(COD)
Proposal for a directive
Article 48 – paragraph 7 a (new)
Article 48 – paragraph 7 a (new)
7a. This Article shall be without prejudice to provisions on the representation of employees in company boards as provided for by national legislation or practice.
Amendment 1230 #
2011/0298(COD)
Proposal for a directive
Article 73 – paragraph 2
Article 73 – paragraph 2
2. Member States shall ensure that where obligations apply to investment firms and market operators, in case of a breach, administrative sanctions and measures can be applied to the members of the investment firms' and market operators' management body, and any other natural or legal persons who, under national law, are responsible for a violation. Such sanctions and measures shall not be applied to employees who have been encouraged or pressured to act in a certain way by the internal rules, instructions or practices of the relevant firm or operator.
Amendment 1251 #
2011/0298(COD)
Proposal for a directive
Article 77 – paragraph 1 – subparagraph 1
Article 77 – paragraph 1 – subparagraph 1
1. Member States shall ensure that competent authorities establish effective and reliable mechanisms to encourage reporting of potential or actual breaches of the provisions of Regulation …/….../... (MiFIR) and of national provisions implementing this Directive to competent authorities.
Amendment 1252 #
2011/0298(COD)
Proposal for a directive
Article 77 – paragraph 1 – subparagraph 2 – point b
Article 77 – paragraph 1 – subparagraph 2 – point b
(b) appropriate protection, including full anonymity, for employees of financial institutions who denounce breaches committed within the financial institution;
Amendment 1254 #
2011/0298(COD)
Proposal for a directive
Article 77 – paragraph 1 – subparagraph 2 – point c a (new)
Article 77 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) clear rules that prohibit institutions from inquiring the identity of the individual who has reported a breach.
Amendment 1255 #
2011/0298(COD)
Proposal for a directive
Article 77 – paragraph 2
Article 77 – paragraph 2
2. Member States shall require financial institutions to have in place appropriate procedures for their employees to report breaches internally trough a specific channel. Such procedures can be established through collective agreements or other arrangements provided for by social partners. The same protection as referred to in points (b), (c) and (ca) of the second subparagraph of paragraph 1 shall apply.
Amendment 384 #
2011/0295(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 – point b a (new)
Article 27 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) where applicable, the extent to which an employee has been encouraged or pressured to act in a certain way by the internal rules, instructions or practices of the relevant institution;
Amendment 389 #
2011/0295(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) appropriate protection, including full anonymity, for persons who report potential or actual breaches;
Amendment 394 #
2011/0295(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. Member States shall require financial institutions to have in place appropriate procedures for their employees to report breaches internally through a specific channel. Such procedures can be established through collective agreements or other arrangements provided for by social partners. The same protection as referred to in paragraphs 1b and 1c shall apply.
Amendment 57 #
2011/0261(CNS)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Since avoidance, evasion and abuse rates will partly depend on the capability of Member States to verify taxable transactions carried out on trade venues outside the EU, Member States and, where applicable, the Commission should make full use of instruments for cooperation on tax matters established by the OECD, the Council of Europe and other international organisations. If deemed necessary, new bilateral and multilateral cooperative initiatives should be taken in this regard.
Amendment 61 #
2011/0261(CNS)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) If the provisions of this Directive are adopted by a limited number of Member States by way of enhanced cooperation, comprehensive measures should be taken in order to ensure that such a move does not negatively affect the functioning of the internal market.
Amendment 161 #
2011/0261(CNS)
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. In order to verify taxable transactions carried out on trade venues outside the EU, Member States and, where applicable, the Commission shall make full use of instruments for cooperation on tax matters established by relevant international organisations.
Amendment 54 #
2011/0203(COD)
Proposal for a directive
Recital 46
Recital 46
(46) The lack of monitoring by boards of management decisions is partly due to the phenomenon of group think. This phenomenon is, among other reasons, caused by a lack of diversity in boards' composition. To facilitate independent opinions and critical challenge, management bodies of institutions should therefore be sufficiently diverse as regards age, gender, geographical provenance, educational and professional background to present a variety of views and experiences. Gender balance is of particular importance to ensure adequate representation of population. Employee representation in management bodies should also, by adding a key perspective and genuine knowledge of the internal workings of the institutions, be seen as a positive way of enhancing diversity. More diverse boards should more effectively monitor management and therefore contribute to improved risk oversight and resilience of institutions. Therefore, diversity should be one of the criteria of board composition.
Amendment 55 #
2011/0203(COD)
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46a) In order to strengthen legal compliance and corporate governance, Member States should establish effective and reliable mechanisms to encourage reporting to competent authorities of potential or actual breaches of the provisions of Regulation (EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms] and of national provisions implementing this Directive. Employees reporting breaches committed within their own institutions should be well protected and have full anonymity.
Amendment 169 #
2011/0203(COD)
Proposal for a directive
Article 69 – paragraph 1 – point b a (new)
Article 69 – paragraph 1 – point b a (new)
(ba) where applicable, the extent to which an employee has been encouraged or pressured to act in a certain way by the explicit or implicit policies or practices of the relevant institution;
Amendment 172 #
2011/0203(COD)
Proposal for a directive
Article 70 – paragraph 1
Article 70 – paragraph 1
1. Member States shall ensure that competent authorities establish effective and reliable mechanisms to encourage reporting of potential or actual breaches of the provisions of Regulation [inserted by OP(EU) No .../2012 of the European Parliament and of the Council of ... [on prudential requirements for credit institutions and investment firms] and of national provisions implementing this Directive to competent authorities.
Amendment 173 #
2011/0203(COD)
Proposal for a directive
Article 70 – paragraph 2 – point b
Article 70 – paragraph 2 – point b
(b) appropriate protection, including full anonymity, for employees of institutions who denounce breaches committed within the institution;
Amendment 174 #
2011/0203(COD)
Proposal for a directive
Article 70 – paragraph 2 – point c a (new)
Article 70 – paragraph 2 – point c a (new)
(ca) clear rules that prohibit institutions from inquiring the identity of an individual who has reported a breach.
Amendment 175 #
2011/0203(COD)
Proposal for a directive
Article 70 – paragraph 3
Article 70 – paragraph 3
3. Member States shall require institutions to have in place appropriate procedures for their employees to report breaches internally through a specific channel. Such procedures can be established through collective agreements or other arrangements provided for by social partners. The same protection as referred to in points (b), (c) and (ca) of paragraph 2 shall apply.
Amendment 313 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 3
Article 87 – paragraph 3
3. Competent authorities shall require institutions to take into account diversity as one of the criteria for selection of members of the management body. In particular, institutions shall put in place a policy promoting gender, age, geographical, educational and professional diversity on the management body. Employee representation in the management body should also, by adding a key perspective and genuine knowledge of the internal workings of the institution, be seen as a positive way of enhancing diversity.
Amendment 325 #
2011/0203(COD)
Proposal for a directive
Article 87 – paragraph 5 a (new)
Article 87 – paragraph 5 a (new)
5a. This article shall be without prejudice to provisions on the representation of employees in company boards as provided for by national legislation or practice.
Amendment 381 #
2011/0203(COD)
Proposal for a directive
Article 98 a (new)
Article 98 a (new)
Article 98a Definitions For the purpose of this Chapter, the following definitions shall apply: (1) 'Systemic institution' means an institution which in case of failure or malfunction could cause systemic risk within a Member State or across two or more Member States; (2) 'Systemic risk' means a risk of disruption in the financial system with the potential to have serious negative consequences for the financial system and the real economy; (3) 'Systemic buffer' means the own funds ratio that a specific systemic institution is required to maintain in accordance with Article 98c.
Amendment 382 #
2011/0203(COD)
Proposal for a directive
Article 98 b (new)
Article 98 b (new)
Article 98b Identification of systemic institutions 1. Competent authorities shall, based on quantitative and qualitative analysis, identify systemic institutions within their jurisdiction taking into account, in particular, their: (a) Size; (b) Market share; (c) Substitutability of the services provided; (d) Interconnectedness with the financial system; (e) Complexity; (f) Cross border activity. 2. The identified systemic institutions shall be notified to the ESRB, EBA and the Commission.
Amendment 383 #
2011/0203(COD)
Proposal for a directive
Article 98 c (new)
Article 98 c (new)
Amendment 384 #
2011/0203(COD)
Proposal for a directive
Article 98 d (new)
Article 98 d (new)
Article 98d Systemic institutions By December 2014 the Commission shall, after consulting EBA, review Articles 98a to 98d taking into account internationally agreed standards for systemic institutions and, if appropriate, submit a legislative proposal to the European Parliament and the Council.
Amendment 24 #
2011/0092(CNS)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In order for the internal market to function in an adequate and efficient way in the area of energy, all Union initiatives and pieces of legislation related to this area need to be continuously and carefully coordinated. Not only should the revised Directive 2003/96/EC be made compatible with other energy-related policies. Those policies should also be appropriately adapted to the energy taxation framework. Any lack of coherence would be detrimental to the fulfilment of the long-term Union objectives of building smart, sustainable and inclusive growth.
Amendment 26 #
2011/0092(CNS)
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
Amendment 27 #
2011/0092(CNS)
Proposal for a directive
Recital 3
Recital 3
(3) Taxation related to CO2 emissions can beis generally a cost-effective means for Member States to achieve the reductions of greenhouse gasses necessary according to Decision 406/2009/EC of the European Parliament and the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Union's greenhouse gas emission reduction commitments up to 2020 as regards sources not covered by the Union scheme under Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC. In view of the present and potential role of CO2-related taxation, the proper functioning of the internal market requires common rules on that taxation.
Amendment 36 #
2011/0092(CNS)
Proposal for a directive
Recital 6
Recital 6
(6) Each of those components should be calculated on the basis of objective criteria, allowing for equal treatment of different energy sources. For the purposes of CO2- related taxation, reference should be made to CO2-emissions caused by the use of each energy product concerned, using the reference CO2 emission factors set out in Commission Decision 2007/589/EC of 18 July 2007 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council. For the purposes of general energy consumption taxation, reference should be made to the energy content of the various energy products and of electricity as referred to in Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC. In this context, account should be taken of the environmental advantages of biomass or products made of biomass. These products should be taxed on the basis of the CO2 emission factors specified in Decision 2007/589/EC for biomass or products made of biomass and of their energy content as specified in Annex III to Directive 2009/28/EC. Biofuels and bioliquids defined in Article 2(h) and (i) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources are by far the most important category concerned. Since the environmental advantages of these products vary, depending on whether they comply with the sustainability criteria laid down in Article 17 of that Directive, the specific reference values for biomass and products made of biomass should only Since the environmental advantages of these products vary, depending on whether they comply with relevant sustainability criteria, the specific reference values for biomass and products made of biomass should only apply where such criteria are met. For biofuels and bioliquids defined in Article 2(h) and (i) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources, the sustainability criteria to be applied are those laid down in Article 17 of that Directive. For biomass products that are not biofuels or bioliquids, a proposal on specific sustainability criteria shall be presented by the Commission no later than one year after the adoption of this Directive. As soon as the proposal has been endorsed, these specific sustainability criteria shall apply whereto theose criteria are metproducts.
Amendment 45 #
2011/0092(CNS)
Proposal for a directive
Recital 8
Recital 8
(8) In the interest of fiscal neutrality, the same minimum levels of taxation should apply for each component of energy taxation, to all energy products put to a given use. Where equal minimum levels of taxation are thus prescribed, Member States should, also for reason of fiscal neutrality, ensure equal levels of national taxation on all products concerned. Where needed,Regarding motor fuels, a transitional periods for the purposes of equalising those levels should be foreseen.
Amendment 49 #
2011/0092(CNS)
Proposal for a directive
Recital 9
Recital 9
(9) The minimum levels of CO2-related taxation should be fixed in the light of the national targets for Member States as laid down in Decision 406/2009/EC on the effort of Member States to reduce their greenhouse gas emissions to meet the Union's greenhouse gas emission reduction commitments up to 2020. Since that Decision recognises that efforts to reduce their greenhouse gas emissions should be fairly distributed between the Member States, transitional periods shcould be fixed for certain Member States. The periods should be as short and as limited in scope as possible. If the Union decides to raise its targets for reducing greenhouse gas emissions, these periods should be re- examined and then re-designed or removed.
Amendment 54 #
2011/0092(CNS)
Proposal for a directive
Recital 11
Recital 11
(11) It should be ensured that the minimum levels of taxation preserve their intended effects. Since CO2-related taxation complements the operation of Directive 2003/87/EC, the market price of the emission allowances should be closely monitored in the periodic review of the Directive, incumbent on the Commission. The minimum levels of both general energy consumption taxation and CO2-related taxation should at regular intervals be automatically alignupdated to take into account the evolution of their real value in order to preserve the current level of rate harmonisation; to reduce the volatility stemming from energy and food prices, thisese alignments should be made on the basis of the changes in the Union-wide harmonised index of consumer prices excluding energy and unprocessed food as published by Eurostat. However, since CO2-related taxation complements the operation of Directive 2003/87/EC, the minimum level of CO2-related taxation should, if and when the market price of emission allowances is higher than the real value of the CO2 base level, instead be aligned with that price. Moreover, if the Union targets for reducing greenhouse gas emissions are raised, the CO2 base level should be brought into line with the new objectives.
Amendment 61 #
2011/0092(CNS)
Proposal for a directive
Recital 12
Recital 12
(12) In the field of motor fuels, the more favourable minimum level of taxation applicable to gas oil, a product originally put to business use for the most part and thus traditionally taxed at a lower level, could be seen as createsing a distortive effect with regard to petrol, its main competing fuel. Article 7 of Directive 2003/96/EC therefore provides for the first steps of a gradual alignment to the minimum level of taxation applicable to petrol. It is necessaryreasonable to complete this alignment and gradually move to a situation where gas oil and petrol are taxed at an equal level.
Amendment 74 #
2011/0092(CNS)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Since the introduction of electric and hybrid vehicles is a key to easing the dependence on non-renewable fuels in the transport sector, Member States should for a limited period of time have the possibility of applying an exemption or reduction in the level of taxation to electricity utilised to charge such vehicles.
Amendment 78 #
2011/0092(CNS)
Proposal for a directive
Recital 17
Recital 17
(17) Exemption or reductions to the benefit of households and charitable organisations may form part of social measures defined by Member States. TIn order to set the right incentives for investments in energy savings and enhanced energy efficiency, the possibility in Article 15 to apply such exemptions or reductions sto househould, for reasons of equal treatment between energys and charitable organisations shources, be extended to all energy products used as heating fuel and electricity. In order to ensure that their impact on the internal market remains limited, such exemptions and reductions should be applied only to non-business activitild, after a long phase- out period, be removed. In Member States where this affects energy prices, low- income households and charitable organisations should be compensated via solid and comprehensive social measures.
Amendment 82 #
2011/0092(CNS)
Proposal for a directive
Recital 18
Recital 18
(18) In the case of liquefied petroleum gas (LPG) and natural gas used as propellants, advantages in the form of lower minimum levels of general energy consumption taxation or the possibility to exempt those energy products from taxation are no longert justified, in particular in the light of the need to increase the market share of renewable energy sources and should therefore be removed in the medium termthe long run and should therefore be removed. However, since these fuels have a less harmful environmental impact than other fossil fuels and since their distribution infrastructure could be beneficial in the introduction of renewable alternatives, the advantages should be gradually phased out.
Amendment 86 #
2011/0092(CNS)
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2003/96/EC obliges Member States to exempt from taxation fuel used for navigation in Community waters as well as electricity produced on board a craft, including while at berth in a port. Moreover, Member States may extend this favourable tax treatmenton-pleasure air and sea navigation. This ban is not in line with the overall environmental objectives of the Union, the subsidiarity principle or the aim of establishing a level playing field in energy taxation. It should therefore be removed. At the same time, Member States should in these two areas be given the possibility to apply reduced or full exemptions regarding both general energy consumption taxation and CO2-related taxation. Consequently, while respecting bi- and multilateral international agreements as well as the fact that the aviation sector will and the maritime sector might be included in the Union emissions trading scheme, Member States should be fully free to design the energy tax structures for air and sea navigation that they find appropriate. This tax treatment should also be applicable to inland waterways. In some harbours a cleaner energy alternative exists with the use of shore-side electricity which, however, is taxable. In order to set a first incentive for the development and application of this technology, pending the adoption of a more comprehensive framework in the matter, Member State should exempt the use of shore-side electricity by ships while at berth in a port from energy taxation. This exemption should apply during a period long enough in order not to discourage port operators from making the necessary investments but at the same time be time- limited in such a way that its maintenance, in full or in part, is made subject to a new decision in due time.
Amendment 89 #
2011/0092(CNS)
Proposal for a directive
Recital 20
Recital 20
(20) Article 15(3) of Directive 2003/96/EC allows Member States to apply to agricultural, horticultural and piscicultural works as well as to forestry not only the provisions generally applicable to business uses but also a level of taxation down to zero. An examination of that option has revealed that as far as general energy consumption taxation is concerned its maintenance would be contrary to the Union's wider policy objectives unless it is linked to a counterpart ensuring advances in the field of energy efficiency. The energy efficiency increases should be clearly defined and closely monitored by national authorities. As regards CO2 related taxation the treatment of the sectors concerned should be aligned to the rules applying to industrial sectors.
Amendment 91 #
2011/0092(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) The general rules introduced by this Directive take account of the specificities of fuels that are biomass or made of biomass complying with the sustainability criteria laid down in Article 17 of Directive 2009/28/EC with regard both to their contribution to the CO2-balance and to their lower energy content per quantitative unit, as compared to some of the competing fossil fuels. The sustainability criteria are for biofuels and bioliquids defined in Article 2(h) and (i) of Directive 2009/28/EC laid down in Article 17 of that Directive and will for other biomass products be established following a proposal from the Commission. Consequently, the provisions in Directive 2003/96/EC authorising reductions or exemptions for those fuels should be removed in the medium term. For the interim period, it should be ensured that the application of these provisions is made consistent with the general rules introduced by this Directive. Biofuels and bioliquids defined in Article 2(h) and (i) of Directive 2009/28/EC should therefore only benefit from additional tax advantages applied by Member States if they fulfil their sustainability criteria laid down in Article 17 of this Directive. . Other biomass products should, as soon as their specific sustainability criteria have been adopted following the Commission’s proposal, only benefit from additional tax advantages if these new criteria are fulfilled.
Amendment 96 #
2011/0092(CNS)
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) The tax evasion phenomena of 'tank tourism' in commercial road transport and 'tankering' in commercial aviation distort the internal market and make it disadvantageous for individual Member States to apply levels of taxation that are higher than in other states. One way to deal with these problems could be to shift, in whole or in part, from the present system of taxing the quantities purchased nationally of the relevant transport fuels to a system of taxing these fuels on the basis of the quantities that are actually used within the territory of each Member State. In order to get a better picture of this alternative solution, the Commission should present a report on the feasibility and expected impact of such a shift.
Amendment 101 #
2011/0092(CNS)
Proposal for a directive
Recital 28
Recital 28
(28) Every fivthree years and for the first time by the end of 2015, the Commission should report to the European Parliament and to the Council on the application of this Directive, examining in particular the minimum level of CO2-related taxation in the light of the evolution of the market price in the EU of the emission allowances, the impact of innovation and technological developments, the impact on harmful or potentially harmful emissions other than of CO2 and the justification for the tax exemptions and reductions laid down in this Directive, including for fuel used for the purpose of air and maritime navigation. The list of sectors or sub-sectors deemed to be exposed to a significant risk of carbon leakage shall be the subject of regular review, in particular taking into account the availability of emerging evidence.
Amendment 107 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2003/96/EC
Article 1 – paragraph 1
Article 1 – paragraph 1
1. Member States shall impose taxation on energy products and electThis Directive establishes a common Union framework for the taxation of energy products and electricity. It lays down a set of mandatory rules that Member States shall observe when imposing national taxation in these areas. It sets a definition and reference structure for the relevant fuels, minimum levels of taxation, princity in accordance with this Directive. ples for how tax rates shall be mutually related and updated, a system for the coordination of energy taxation with the EU Emissions Trading Scheme, a number of phasing-out and exemption arrangements as well as provisions for how the legislation in this field shall be further developed.
Amendment 116 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 1
Article 1 – point 1
Directive 2003/96/EC
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. No later than one year after the adoption of this Directive, the Commission shall present a proposal on establishing sustainability criteria for biomass products that are not biofuels or bioliquids. As soon as the proposal has been adopted, the reference CO2 emission factors set out in point 11 of Annex I to Commission Decision 2007/589/EC and the net calorific reference values set out in Annex III to Directive 2009/28 shall in the case of biomass products that are not biofuels or bioliquids apply only when the product concerned complies with the new sustainability criteria. Where such biomass products do not comply with these criteria, Member States shall apply the reference CO2 emission factor and net calorific reference value for the equivalent heating or motor fuel for which minimum levels of taxation are specified in this Directive.
Amendment 127 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2003/96/EC
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. Without prejudice to the exemptions, differentiations and reductions provided for in this Directive, Member States shall ensure that where equal minimum levels of taxation are laid down in Annex I in relation to a given use, equal levels of taxation are fixed for products put to that use. Without prejudice to Article 15(1)(i), for motor fuels referred to in Annex I Table A, this obligation shall apply as from 1 January 2023in full as from 1 January 2028 and shall until then be gradually introduced in two steps: (a) as from 1 January 2018, Member States shall ensure that the national minimum levels for any individual motor fuel are no more than 20% lower than those of any of the other motor fuels; (b) as from 1 January 2023, Member States shall ensure that an equal level of CO2- related taxation is fixed for all motor fuels and that the national minimum level of general energy consumption taxation for any individual motor fuel is no more than 10% lower than that of any of the other motor fuels.
Amendment 139 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2003/96/EC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
4. The minimum levels of general energy consumption taxation laid down in this Directive shall be adapted every three years starting from 1 July 2016 in order to take account of the changes in the harmonised index of consumer prices excluding energy and unprocessed food as published by Eurostat. The Commission shall publish the resulting minimum levels of taxation in the Official Journal of the European Union.
Amendment 144 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2003/96/EC
Article 4 – paragraph 4 – subparagraph 2 a (new)
Article 4 – paragraph 4 – subparagraph 2 a (new)
Amendment 145 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2003/96/EC
Article 4 – paragraph 4 – subparagraph 2 b (new)
Article 4 – paragraph 4 – subparagraph 2 b (new)
If the Union decides that the levels of greenhouse gas emissions be reduced by 2020 by more than 20% compared to the levels attained in 1990, the Commission shall, no later than three months after such a decision has been taken, present a report on which adjustments in this Directive are advisable for the new objectives to be met. The Council shall, no later than six months after the publication of that report, take a decision on how to adapt the CO2 base level to the new circumstances.
Amendment 146 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Directive 2003/96/EC
Article 4 – paragraph 4 – subparagraph 2 c (new)
Article 4 – paragraph 4 – subparagraph 2 c (new)
The Commission shall publish the resulting minimum levels of general energy consumption taxation and CO2- related taxation in the Official Journal of the European Union.
Amendment 161 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 11 – point a – point ii a (new)
Article 1 – point 11 – point a – point ii a (new)
Directive 2003/96/EC
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(iia) point (b) is deleted
Amendment 162 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 11 – point a – point ii b (new)
Article 1 – point 11 – point a – point ii b (new)
(iib) point (c) is deleted
Amendment 165 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 11 – point a – point iii
Article 1 – point 11 – point a – point iii
Directive 2003/96/EC
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) until 31 December 20203, electricity directly provided to vessels berthed in ports.
Amendment 167 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 11 – point a a (new)
Article 1 – point 11 – point a a (new)
Directive 2003/96/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(aa) Paragraph 2 is deleted
Amendment 172 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13 – point a – point -i (new)
Article 1 – point 13 – point a – point -i (new)
Directive 2003/96/EC
Article 15 – paragraph 1 – point b a (new)
Article 15 – paragraph 1 – point b a (new)
(-i) the following point is inserted: '(ba) until 1 January 2023, electricity utilised to charge electric and hybrid vehicles used for road transport;'
Amendment 173 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13 – point a – point -i a (new)
Article 1 – point 13 – point a – point -i a (new)
Directive 2003/96/EC
Article 15 – paragraph 1 – point (f)
Article 15 – paragraph 1 – point (f)
(-ia) point (f) is replaced by the following: '(f) energy products supplied for use as fuel for sea navigation and navigation on inland waterways (including fishing), other than in private pleasure craft, and electricity produced on board a craft; For the purposes of this Directive 'private pleasure craft' shall mean any craft used by its owner or the natural or legal person who enjoys its use either through hire or through any other means, for other than commercial purposes and in particular other than for the carriage of passengers or goods or for the supply of services for consideration or for the purposes of public authorities.'
Amendment 174 #
2011/0092(CNS)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point -i b (new)
Article 1 – paragraph 1 – point 13 – point a – point -i b (new)
Directive 2003/96/EC
Article 15 – paragraph 1 – point f a (new)
Article 15 – paragraph 1 – point f a (new)
(-ib) the following point (f) a is inserted: '(fa) energy products supplied for use as fuel for the purpose of air navigation other than in private pleasure-flying; For the purposes of this Directive 'private pleasure-flying' shall mean the use of an aircraft by its owner or the natural or legal person who enjoys its use either through hire or through any other means, for other than commercial purposes and in particular other than for the carriage of passengers or goods or for the supply of services for consideration or for the purposes of public authorities.'
Amendment 177 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 2003/96/EC
Article 15 – paragraph 1 – point h
Article 15 – paragraph 1 – point h
(h) energy products used as heating fuel and electricityuntil 1 January 2023, electricity, natural gas, coal and solid fuels if used by households and/or by organisations recognised as charitable by the Member State concerned. In the case of such charitable organisations, Member States shall confine the exemption or reduction to use for the purpose of non- business activities. Where mixed use takes place, taxation shall apply in proportion to each type of use. If a use is insignificant, it may be treated as nil;
Amendment 180 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 2003/96/EC
Article 15 – paragraph 1 – point i
Article 15 – paragraph 1 – point i
(i) Until 1 January 2023, natural gas and LPG used as propellants;. From 1 January 2023 until 1 January 2028, Member States may apply a reduction of up to 50% of the minimum levels of taxation for one or both of these fuels as long as the national market share for vehicles using the fuel in question is less than 10%.
Amendment 191 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2003/96/EC
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States may apply a level of general energy consumption taxation down to zero on the consumption of energy products and electricity used for agricultural, horticultural, aquacultural works and in forestry. The beneficiaries shall be subject to arrangements that must lead to increased energy efficiency broadly equivalent to those that would have been achieved if the standard Union minimum rates had been observed. The energy efficiency enhancement process shall be closely monitored by national authorities. For beneficiaries failing to deliver the expected efficiency increases, energy consumption shall be taxed at a level corresponding to the extent of the failure.
Amendment 193 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 13a* – point a
Article 1 – point 13a* – point a
Directive 2003/96/EC
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Until 1 January 2023, Member States may, without prejudice to paragraph 5 of this Article, apply an exemption or a reduced rate of general energy consumption taxation under fiscal control on the taxable products referred to in Article 2 of this Directive where such products are made up of, or contain, one or more of the following products and where, (a) as far as biofuels and bioliquids defined in Article 2(h) and (i) of Directive 2009/28/EC are concerned, these products comply with the sustainability criteria laid down in Article 17 of that Directive: * NB: wrongly numb, (b) as far as biomass products other than biofuels and bioliquids are concerned '(1)' in the Commission proposal., these products comply with the sustainability criteria to be established in accordance with Article 1 paragraph 4 a of this Directive, as soon as these criteria have been adopted:
Amendment 199 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 14
Article 1 – point 14
Directive 2003/96/EC
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Bulgaria, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Romania and Slovakia may, for uses referred to in Articles 8 and 9, apply a transitional period until 1 January 2021 to introduce CO2-related taxation. If the Union decides that the levels of greenhouse gas emissions be reduced by 2020 by more than 20% compared to the levels attained in 1990, the Commission shall examine the application of these transitional periods and, if appropriate, present a proposal with a view to shortening them and/or modifying the minimum levels of CO2- related taxation as set out in Annex I.
Amendment 200 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 17 – point c a (new)
Article 1 – point 17 – point c a (new)
Directive 2003/96/EC
Article 21 – paragraph 6 a (new)
Article 21 – paragraph 6 a (new)
(ca) The following paragraph is added: '6a. No later than two years after the adoption of this Directive, the Commission shall present a report on the feasibility and expected impact of shifting, in whole or in part, from the present system of taxing the quantities of transport fuels that are purchased nationally to a system of taxing these fuels on the basis of the quantities that are actually used within the territory of each Member State. If deemed appropriate, the report should be followed up by relevant legislative proposals.'
Amendment 202 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2003/96/EC
Article 29 – paragraph 1
Article 29 – paragraph 1
Every fivthree years and for the first time by the end of 2015, the Commission shall submit to the European Parliament and the Council a report on the application of this Directive and, where appropriate, a proposal for its modification.
Amendment 206 #
2011/0092(CNS)
Proposal for a directive
Article 1 – point 21
Article 1 – point 21
Directive 2003/96/EC
Article 29 – paragraph 2
Article 29 – paragraph 2
The report by the Commission shall, inter alia, examine the minimum level of CO2- related taxation, the impact of innovation and technological developments, in particular as regards energy efficiency, the impact on harmful or potentially harmful emissions other than of CO2, the use of electricity in transport and the justification for the exemptions and reductions, including for fuel used for the purpose of air and maritime navigation, laid down in this Directive. The report shall take into account the proper functioning of the internal market, the real value of the minimum levels of taxation and the wider objectives of the Treaty.
Amendment 44 #
2011/0058(CNS)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) The aim of the CCCTB should be to stimulate growth and job-creation by reducing administrative costs, cutting red tape, eradicating double-taxation and closing tax evasion loopholes for companies in the EU. The system should not put any structural downward pressure on company taxation rates or revenues in the Member States.
Amendment 46 #
2011/0058(CNS)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5 b) The CCCTB should be seen in a global context. The new system should be carefully coordinated with agreements made and principles applied at the international level. The impact of the system on the global operations of EU companies should be fully taken into account.
Amendment 80 #
2011/0058(CNS)
Proposal for a directive
Recital 21
Recital 21
(21) The formula for apportioning the consolidated tax base should comprise three equally weighted factors (labour, assets and sales). While the labour and asset factors should have a weight of 45% each, the sales factor should have a weight of 10%. The labour factor should be computed on the basis of payroll and the number of employees (each item counting for half). The asset factor should consist of all fixed tangible assets. Intangibles and financial assets should be excluded from the formula due to their mobile nature and the risks of circumventing the system. The use of these factors gives appropriate weight to the interests of the Member State of origin. Finally, sales should be taken into account in order to ensure fair participation of the Member State of destination. Those factors and weightings should ensure that profits are taxed where they are earned. As an exception to the general principle, where the outcome of the apportionment does not fairly represent the extent of business activity, a safeguard clause provides for an alternative method.
Amendment 289 #
2011/0058(CNS)
Proposal for a directive
Article 86 – paragraph 1 – introductory part
Article 86 – paragraph 1 – introductory part
1. The consolidated tax base shall be shared between the group members in each tax year on the basis of a formula for apportionment. In determining the apportioned share of a group member A, the formula shall take the following form, giving equal weight tocovering the factors of sales, labour and assets:
Amendment 290 #
2011/0058(CNS)
Proposal for a directive
Article 86 – paragraph 1 – formula
Article 86 – paragraph 1 – formula
Amendment 418 #
2011/0058(CNS)
Proposal for a directive
Article 133 – paragraph 1
Article 133 – paragraph 1
The Commission shall, fivthree years after the entry into force of this Directive, review its application and report to the European Parliament and to the Council on the operation of this Directive. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter XVI of this Directive on the distribution of the tax bases between the Member States. The report should also focus on the implications of this Directive for growth and job-creation, on its consequences for the global operations of EU companies as well as on its efficiency in countering tax evasion and fraud.
Amendment 66 #
2010/2272(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the importance of the Member States adopting the EU Directive on equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation, and calls on the Member States to make this a priority and adopt it as soon as possible;
Amendment 75 #
2010/2272(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the need for a new efficient approach to disability starting from the creation of a more effective mechanism to coordinate and monitor the implementation of the EDS; stresses in this context how important it is that people with disabilities, and civil society organisations working in this area, should be involved in this work;
Amendment 104 #
2010/2272(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Member States to try as far as possible to reduce institutional care in favour of other forms of support such as personal assistance and other services which support independent living;
Amendment 181 #
2010/2272(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reaffirms that products, goods and services, including their modified versions, should not be discriminative and therefore cannot have alternative pricings, especially for disabled people; furthermore, the European public procurement legislation should be reviewed and accessibility requirements should be incorporated into its provisions;
Amendment 195 #
2010/2272(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on the EU institutions to set an example as regards the employment of people with disabilities and urges the Member States to pursue this strategy too;
Amendment 234 #
2010/2272(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Recalls Article 24 of the UN Convention on the Rights of Persons with Disabilities, in which the States Parties undertake to ensure that persons with disabilities are not excluded from the general education system, or from secondary education, on the basis of disability, and that reasonable accommodation is provided for the individual’s requirements, together with the support required; urges the Member States to meet their undertakings;
Amendment 82 #
2010/2239(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Realises that workers generally do not work until their notional retirement age and that employees in the most onerous occupational categories tend to retire earlier than others; stresses that the first priority in reaching sustainability is to ensure workers‘' ability to work until thae retirement age by implementing adequate employment enhancing policies, including measures aimed particularly at making it easier for the employees with the most onerous jobs to work until that age;
Amendment 86 #
2010/2239(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that, in order for everyone to be able to secure a decent retirement income, periods of child-care, family-care, part-time work and precarious employment have to be better taken into account in most pension schemes;
Amendment 147 #
2010/2239(INI)
Draft opinion
Paragraph 14
Paragraph 14
14. Considers that Solvency II is a valuable starting point for developing a solvency regime for IORPs; underlines that such athe key aim of such a regime would be to provide enhanced protection to current and future pensioners; stresses that this regime needs to be adapted to the specificities of pensions, in particular as regards the conditionality of pension rights, the duration of pension portfolios and the dedicated purpose vehicle operating a homogenous product portfolio;
Amendment 204 #
2010/2239(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes that national budgets are under severe pressure and that many Member States are reviewing the efficiency of expenditure; calls on Member States toConsiders that in view of the current budgetary pressure social spending has played a significant economic and social role in softening the effect of the crisis; considers introducing compensation so that all taxpayers who cannot achieve the level of ambition in the first and second pillars are entitled to a supplementary offset of pension contributions in the second pillar or of contributions to private pension schemes in the this regard that pay-as-you- go schemes have demonstrated their fundamental role in creating solidarity within and between generations; also considers that the second and third pillar; notes that this could also help Member States to establish a three-pillar structureve a supplementary role to play in this regard;
Amendment 226 #
2010/2239(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that, in view of demographic trends, and the consequent need to ensure that pensions can be paid for, are not uniform throughout the European Union; but believes it is necessary for more people to participate in the labour market and to do so for longer; observes that life expectancy is growing and calls on Member States to consider linking the statutory retirement age to life expectancy, which requires a concerted effort in terms of combating unemployment, achieving a proper work-life balance and addressing immigration;
Amendment 254 #
2010/2239(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that there are major disparities in the statutory retirement age and in the actual age at which older people cease to be employed; observes that these disparities are especially salient for employees in the most onerous occupational categories; calls on Member States and the two sides of industry, therefore, to exchange information about good experiences and to conclude agreements leading to a prolongation of working life, for example by rewarding people who work for longerparticularly for those employees with the most burdensome and physically demanding jobs; observes in this context that it would be reasonable for Member States to reward people who work for longer, but stresses that any reward system must be fair and balanced, fully taking into account the varying conditions for working until a late age across Member States;
Amendment 365 #
2010/2239(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that, because of the diversity and complexity of the various second-pillar systems, conditions need to be laid down concerning the portability of acquired pension entitlements in the sense that portability begins when new contracts are concluded, an application for transfer being approved only if the actuarial sum transferred is to be placed in a fund whose purpose is payment of old-age pensions; considers that tax must be calculated and paid in the Member State where the entitlements have been accumulated; with regard to cross-border issues, the clear focus of EU activity should be on developing minimum standards for the acquisition and preservation of pension rights and on facilitating the establishment of national tracking systems for those rights;
Amendment 39 #
2010/2105(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines the fact that a balanced and thorough feasibility study on an EU FTT is the basis on which the procedure of introducing such a tax should be taken forward; points out that, while studies carried out so far have made clear that an EU FTT is technically practicable, there is still a lot of work to be done in getting a more nuanced picture of its positive and negative effects in the European and global context;
Amendment 85 #
2010/2105(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Points out that the experiences in some EU Member States have alreadyand a number of non- EU countries from having introduced similar types of transaction taxes with no apparent negative impact; are mainly positive; stresses that in the few cases where the picture is less positive, this is primarily due to far too high tax rates, inconsistent tax structures across market segments and poor implementation;
Amendment 115 #
2010/2105(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that an EU FTT should have the broadest base possible so as to guarantee a level playing field in the financial markets and not drive transactions to less transparent vehicles; considers, therefore, that all spot and derivatives transactions tradedcarried out on markets as well asnd Over-The-Counter (OTC) derivatives should be covered; points out that the grading of an EU FTT, with differentiated rates across trading venues, could further enhance market stability by creating positive incentives for financial actors to move transactions away from OTC vehicles to more transparent and well-regulated venues;
Amendment 134 #
2010/2105(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is aware of different options for the management of the additional revenues generated by the taxation of the financial sector at both national and European level; stresses that, in order to give tax-payers an adequate picture of the rationale behind additional financial sector taxation, the assessment of and prioritisation among these options should be seen as an essential element in the overall debate on innovative financing; is convinced that in order to safeguard the European added value of the aforementioned innovative financing tools a substantial part of those revenues shcould be allocated to the EU budget to finance EU projects and policies;
Amendment 140 #
2010/2105(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Emphasizes that the possible introduction of these new taxation tools in the financial sector should be analysed in the context of the existing tax environment of that sector, taking into account secondary effects and keeping a special focus on finding synergies between old and new taxes;
Amendment 7 #
2010/2088(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. The European Parliament's Committee on Economic and Monetary Affairs notWelcomes the Commission's important initiative to launch a fruitful and seriousserious, comprehensive and forward-looking dialogue on improving and complementing gross domestic product (GDP) as an indicator for assessing economic activity andperformance and social progress.;
Amendment 16 #
2010/2088(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. The committee believes that GDP suffers from many shortcomingsBelieves that although GDP is a solid measure of macro-economic activity, it suffers from many shortcomings as an indicator for overall societal development - for example, it does not record important social factors like unemployment, underemployment, or inequalities or environmental disaste, nor a wide range of vital environmental sustainability indicators - particularly bearing in mind that the development model followed as a dogma by our economies, aimed first and foremost at maximum profit tends to be too much focused on maximum profit as a sole objective. The use and management of the statistical indicators for an economy reflect the type of economic development followed by each society. In the dominant development model applied until now, the quality of life, well-being of citizens and environmental changes far too often play a secondary role.;
Amendment 23 #
2010/2088(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Underlines that the use of social and environmental indicators as a supplement to the GDP measure is fully in line with the aim of generating inclusive and sustainable growth, embedded in the Europe 2020 strategy and other major initiatives;
Amendment 31 #
2010/2088(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. In principle it is a positiveConsiders it a positive and important step that the Commission is putting forward five actions to better measure progress in a changing world, i.e. 1. Complementing GDP with environmental and social indicators, 2. Near real-time information for decision- making, 3. More accurate reporting on distribution and inequalities, 4. Developing a European sustainable development scoreboard, and 5. Extending national accounts to environmental and social issues.;
Amendment 39 #
2010/2088(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. The committee nevertheless believes that challenging GDP's monopolyBelieves that improving and complementing GDP as a key statistical indicator guiding economic policiethe policy-making process requires radical changes to the system for planning and, implementing and evaluating economic and social policies, in addition to the above actions, so as to take account of both environmental and social parameters.;
Amendment 42 #
2010/2088(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Supports fully the establishment of a solid legal framework for the European Environmental Economic Accounts as a positive step in the ‘GDP and beyond’ process. It is of great importance that the European environmental economic accounts, as soon as the system is fully operational, are actively and accurately used in all relevant EU policy making as key input to impact assessments, action plans, legislative proposals and other significant products of the policy process. It is also very important that the system is closely coordinated and evaluated in order for it to pave the way for further developments in this field;
Amendment 3 #
2010/2075(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the lack of transparency and the accompanying opacity of risk patterns in the financial system was an aggravating factor in the financial crisis, facilitating the spread of general distrust and thereby contributing to drastically reduced liquidity flows,
Amendment 8 #
2010/2075(INI)
Motion for a resolution
Recital B
Recital B
B. whereas consumer protection and, competition on a level playing field as well as transparent, liquid and efficient markets were the keymain objectives when MiFID came into force, and whereas, following the financial crisis, limiting systemic risk must be prioritisedadded to these highly relevant priority areas in the MiFID review,
Amendment 51 #
2010/2075(INI)
Motion for a resolution
Recital H
Recital H
H. whereas greater transparency via pre- and post-trade reporting of trading activity across all asset classes fosters trust between market actors, facilitates efficient price formation, strengthens the protection of investors and provides improved early warning of the build-up and scale of developing problems,
Amendment 55 #
2010/2075(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas an overall aim of the MiFID review should be to improve transparency by reducing the proportion of OTC trading, which at the current level of 30 to 40 % of the market is far too high,
Amendment 71 #
2010/2075(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Asks for an investigation into the functioning of the systematic internaliser (SI) regime and the bringing forward of improvements to the way in which this category is regulated to increase its use as a subset of OTCin order to substantially increase its use in the execution of orders on a bilateral basis;
Amendment 110 #
2010/2075(INI)
Motion for a resolution
Paragraph 10 – point a
Paragraph 10 – point a
Amendment 118 #
2010/2075(INI)
Motion for a resolution
Paragraph 10 – point c
Paragraph 10 – point c
Amendment 67 #
2010/2039(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the need for concrete measures to effectively and significantly reduce poverty and social exclusion, ensuring a fair redistribution of income and wealth and also giving meaning and content to the European Year for Combating Poverty and to the achievement of the Millennium Development Goals, including guaranteeing an adequate minimum income throughout the European Union accordance with different practices, collective bargaining and national law in the member states;
Amendment 78 #
2010/2039(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the multidimensional nature of poverty and social exclusion, and highlights the social dimension and social sustainability of macroeconomic policies, as an integral part of the crisis exit strategy and economic and social cohesion, and the fact this implies changing the monetary priorities and policies, among others, of the Stability and Growth Pact, and also competition policies, internal market policies, and budgetary and fiscal policies;
Amendment 110 #
2010/2039(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the promotion of social integration and inclusion, in order to guarantee protection of fundamental human rights, and clear commitments to draw up EU and national policies to combat poverty and social exclusion, by ensuring universal access to public health services, vocational education and training, housing and social protection, in addition to employment with rights, fair wages, decent pensions and an adequate income for everyone in accordance with different practices, collective bargaining and national law in the member states;
Amendment 144 #
2010/2039(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that the various experiments with minimum incomes, accompanied by social integration measures, show that this is a further essential way of combating poverty and social exclusion; therefore calls on the European Commission to prepare an initiative supporting these experiments, taking into account best practices and ensuring an adequate minimum income throughout the European Unionin accordance with different practices, collective bargaining and national law in the member states as a means to prevent poverty and guarantee social justice and equal opportunities for all, without calling into question the specific situations in each Member State;
Amendment 41 #
2010/2018(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Endorses the European Parliament's report 2008/2034(INI) and once again calls on the Council to agree an EU target for minimum pay of at least 60% of indicative average pay and a timetable for meeting that target in all the Member StatesCalls for an ambitious long-term strategy against poverty with the aim of reducing inequalities and social exclusion with far-reaching targets for poverty reduction and in-work poverty; proposes in this regard an EU framework policy on minimum income schemes in accordance with subsidiarity, different practices, collective bargaining and national law in the member states, on the basis of European criteria scaled to reflect the standard of living in each Member State; calls also for a child allowance with above aim of reducing poverty, inequalities and social exclusion;
Amendment 39 #
2010/2010(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers it very important that a new Community framework have a sufficient budget to support public research and make research results accessible in a simple and unbureaucratic way so that all companies, including micro-enterprises and SMEs, can make changes with respect to energy efficiency, the use of new energy sources, new production processes and recycling and the better use of resources, and create jobs with rights;
Amendment 86 #
2010/2010(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Points out that training and lifelong learning for employees affected by changes in a company's or industry's production processes also creates new jobs;
Amendment 113 #
2010/2010(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Stresses that the transition to a new economy should not be used as a pretext for cutting various equal opportunities measures, but should instead be regarded as a unique opportunity to improve women's participation in the EU labour market because this is a precondition for ensuring sustainable growth, the optimum development of job potential and strengthening competitiveness;
Amendment 81 #
2010/2009(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls for it to be ensured that, when remuneration is being regulated, this is not done to the detriment of the fundamental rights guaranteed by the Treaties, in particular the right of social partners to - in accordance with national laws and practices - conclude and enforce collective agreements;
Amendment 12 #
2010/2006(INI)
Motion for a resolution
Recital F
Recital F
F.: whereas citizens demand that the EU institutions urgently create an adequate framework which, in the event of crisis, would preserve financial stability, would minimise the cost to taxpayers, would preserve basic banking services and, would protect depositors and would safeguard the interests of employees in failing banks,
Amendment 61 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 1 – paragraph 1 – indent 7 a (new)
Annex – recommendation 1 – paragraph 1 – indent 7 a (new)
• ensure that the interests of employees are taken into account;
Amendment 165 #
2010/2006(INI)
Motion for a resolution
Annex – recommendation 2 – paragraph 2
Annex – recommendation 2 – paragraph 2
2. Systemic Banks shall adhere to the new special regime which shall overcome legal impediments to effective action across borders while ensuring clear and predictable treatment of shareholders, depositors, creditors, employees and other stakeholders.
Amendment 22 #
2010/2002(BUD)
Motion for a resolution
Paragraph 13a new
Paragraph 13a new
13a. Is very concerned about the decrease regarding CIP - Entrepreneurship and innovation, particularly given the key role that the SMEs have in driving the economic recovery; has taken note of the problems described by the Commission in keeping payments at a high level in times of crisis, but is not convinced that the payments need to be drastically reduced to the very low level that has been proposed; urges the Commission to look further into this issue;
Amendment 24 #
2010/2002(BUD)
Motion for a resolution
Paragraph 14a new
Paragraph 14a new
14a. Stresses that the new financial supervision authorities - the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA) and the European Securities and Markets Authority (ESMA) - must be accurately financed, which inter alia means that if the legislator decides to entrust these authorities with increased tasks compared to what was originally proposed by the Commission, the corresponding allocation of additional resources should be provided for;
Amendment 27 #
2010/2002(BUD)
Motion for a resolution
Paragraph 16a new
Paragraph 16a new
16a. Is concerned about the very modest - below the rate of inflation - increase in appropriations for the Programme for the Modernisation of European Enterprise and Trade Statistics (MEETS) programme, which is not really in line with the intention declared by the Commission to give high priority to the policy area of statistics;
Amendment 28 #
2010/2002(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that heading 1a includes many EU2020 strategy flagship initiatives, such as Innovation Union, Youth on the Move, Resource-efficient Europe, New Skills and Jobs, and Industrial Policy for the Globalisation Era; deplores the fact that it is impossible to identify clearly, from a budgetary point of view, the financial implications of the EU2020 strategy and; expresses its doubts regarding the capacity to ensure, given the very limited room for manoeuvre available in the context of the current financial framework, adequate funding for these initiatives; underlines that these new policy initiatives should go beyond the mere re-labelling of already existing policies and deserve new financial means in order to get off to a good start;
Amendment 153 #
2010/2002(BUD)
Motion for a resolution
Paragraph 56 a new
Paragraph 56 a new
56a. Welcomes the proposed increases in administrative appropriations for competition policy, which is a crucial field not least in times of crisis, as well as for statistics, where recent developments have demonstrated the vital importance of having access to reliable data on financial markets and public finances; is, however, deeply concerned about the proposed decrease in administrative expenditures for the coordination and surveillance of the economic and monetary union, given the ongoing turbulence in the Eurozone; recalls that it has several times in the past underlined the need to allocate enough resources to the functioning of the Eurogroup;
Amendment 50 #
2010/0281(COD)
Proposal for a regulation
Recital 9
Recital 9
9. Based on the multilateral surveillance procedure and the alert mechanism, the Commission should identify the Member States to be subject to an in-depth review. The in-depth review should encompass a thorough analysis of sources of imbalances in the Member State under review. It should be built on a detailed investigation of a broad range of economic variables and should acknowledge the national specificities regarding industrial relations and social dialogue. It should be discussed within the Council and the Euro Group for the Member States whose currency is the euro.
Amendment 53 #
2010/0281(COD)
Proposal for a regulation
Recital 12
Recital 12
12. If macroeconomic imbalances are identified, recommendations should be addressed to the Member State concerned to provide guidance on appropriate policy responses. The policy response of the Member State concerned to imbalances should be timely and should use all availablerelevant policy instruments under the control of public authorities. It should be based on a thorough dialogue with social partners and other national stakeholders and should fully take into account the restrictions that the fundamental rights of these actors place on government action. It should be tailored to the specific environment and circumstances of the Member State concerned and cover the main economic policy areas, potentially including fiscal and wage policies, labour markets, product and services markets and financial sector regulation.
Amendment 54 #
2010/0281(COD)
Proposal for a regulation
Recital 15
Recital 15
15. Any Member State placed under the excessive imbalance procedure should establish a corrective action plan setting out details of its policies designed to implement the Council recommendations. The corrective action plan should reflect the nature of the imbalances, be restricted to policy aspects under the legitimate control of government authorities and include a timetable for implementation of the measures envisaged. It should be endorsed by the Council on a report from the Commission.
Amendment 79 #
2010/0281(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Taking account of the discussions in the Council and the Euro Group, as provided for in Article 4(4), the Commission shall prepare an in-depth review for each Member State it considers affected by, or at risk of, imbalances. This assessment shall include an evaluation of whether the Member State in question is affected by imbalances, and of whether these imbalances constitute excessive imbalances. The in-depth review should be built on a detailed investigation of a broad range of economic variables and should acknowledge the national specificities regarding industrial relations and social dialogue.
Amendment 83 #
2010/0281(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Observes that the Commission’s recommendations should not encroach upon fields such as wage formation which explicitly fall outside the Union’s remit; considers that the utmost importance should be assigned to national labour market practices and traditions and that these should be decisive in determining all recommendations which have a bearing on the responsibilities of the social partners or their special position in the social dialogue;
Amendment 88 #
2010/0281(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Any Member State for which an excessive imbalance procedure is opened shall submit a corrective action plan to the Council and the Commission within a deadline to be defined in the recommendations in accordance with Article 7. The corrective action plan shall make use of all relevant policy instruments under the control of public authorities, taking into account the fundamental rights of citizens, social partners and other national stakeholders. The plan shall set out the specific and concrete policy actions the Member State concerned has implemented or intends to implement and shall include a timetable for implementation thereof.
Amendment 120 #
2010/0281(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Based on the multilateral surveillance procedure and the alert mechanism, the Commission should identify the Member States to be subject to an in-depth review. The in-depth review should encompass a thorough analysis of sources of imbalances in the Member State under review. It should be built on a detailed investigation of a broad range of economic variables and should acknowledge the national specificities regarding industrial relations and social dialogue. It should be discussed within the Council and the Euro Group for the Member States whose currency is the euro.
Amendment 123 #
2010/0281(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) A procedure to monitor and correct adverse macroeconomic imbalances, with preventive and corrective elements, will require enhanced surveillance tools based on those used in the multilateral surveillance procedure. This may include enhanced surveillance missions by the Commission to Member States and additional reporting by the Member State in case of severe imbalances, including imbalances that jeopardise the proper functioning of the economic and monetary union. Since these missions should aim at getting a broad and balanced picture of the macroeconomic situation, social partners and other national stakeholders should be actively engaged in the dialogue.
Amendment 140 #
2010/0281(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) If macroeconomic imbalances are identified, recommendations should be addressed to the Member State concerned to provide guidance on appropriate policy responses. The recommendations should fully respect the Charter of Fundamental Rights of the European Union, Article 153 of the Treaty as well as the model of industrial relations, social dialogue and collective bargaining of each Member State. The policy response of the Member State concerned to imbalances should be timely and should use all availablerelevant policy instruments under the control of public authorities. It should be based on a thorough dialogue with social partners and other national stakeholders and should fully take into account the restrictions that the fundamental rights of these actors place on government action. It should be tailored to the specific environment and circumstances of the Member State concerned and cover the main economic policy areas, potentially including fiscal and wage policies, labour markets, product and services markets and financial sector regulation.
Amendment 158 #
2010/0281(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Any Member State placed under the excessive imbalance procedure should establish a corrective action plan setting out details of its policies designed to implement the Council recommendations. The corrective action plan should reflect the nature of the imbalances, be restricted to policy aspects under the legitimate control of government authorities and include a timetable for implementation of the measures envisaged. It should be endorsed by the Council on a report from the Commission.
Amendment 273 #
2010/0281(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Taking account of the discussions in the Council and the Euro Group, as provided for in Article 4(4), the Commission shall prepare an in-depth review for each Member State it considers affected by, or at risk of, imbalances. This assessment shall include an evaluation of whether the Member State in question is affected by imbalances, and of whether these imbalances constitute excessive imbalances. The in-depth review should be built on a detailed investigation of a broad range of economic variables and should acknowledge the national specificities regarding industrial relations and social dialogue.
Amendment 295 #
2010/0281(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. If, on the basis of its in-depth review referred to in Article 5 of this Regulation, the Commission considers that a Member State is experiencing imbalances, it shall inform the Council accordingly. The Council, on a recommendation from the Commission, may address the necessary recommendations to the Member State concerned, in accordance with the procedure set out in Article 121(2) of the Treaty. The recommendations made by the Council should fully respect the Charter of Fundamental Rights of the European Union, Article 153 of the Treaty as well as the model of industrial relations, social dialogue and collective bargaining of each Member State.
Amendment 327 #
2010/0281(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Any Member State for which an excessive imbalance procedure is opened shall submit a corrective action plan to the Council and the Commission within a deadline to be defined in the recommendations in accordance with Article 7. The corrective action plan shall make use of all relevant policy instruments under the control of public authorities, taking into account the restrictions that the fundamental rights of citizens, social partners and other national stakeholders place on government action. The plan shall set out the specific and concrete policy actions the Member State concerned has implemented or intends to implement and shall include a timetable for implementation thereof.
Amendment 356 #
2010/0281(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission may carry out surveillance missions to the Member State concerned to monitor implementation of the corrective action plan. Since these missions should aim at getting a broad and balanced picture of the macroeconomic situation, social partners and other national stakeholders should be actively engaged in the dialogue.
Amendment 129 #
2010/0250(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) On 23 September 2009, the Commission adopted proposals for three Regulations establishing the European System of Financial Supervisors, including the creation of three European Supervisory Authorities to contribute to a consistent application of Union legislation and to the establishment of high quality common regulatory and supervisory standards and practices. These are the European Banking Authority (EBA) established by Regulation …/…EU…, the European Securities and Markets Authority (ESMA) established by Regulation …/…EU…, and the European Insurance and Occupational Pensions Authority (EIOPA) established by Regulation …/…EU…. These authorities have a crucial role to play in safeguarding the stability of the financial sector. It is therefore essential to continuously make sure that the development of their work is a matter of high political priority and that they are adequately resourced.
Amendment 132 #
2010/0250(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Over-the-counter (OTC) derivatives lack transparency as they are privately negotiated contracts and any information concerning them is usually only available to the contracting parties. They create a complex web of interdependence which can make it difficult to identify the nature and level of risks involved. The financial crisis has demonstrated that such characteristics increase uncertainty in times of market stress and accordingly, pose risks to financial stability. This Regulation lays down conditions for mitigating those risks andby improving the transparency of derivative contracts. Greater OTC transparency will also foster trust between market actors, facilitate efficient price formation, strengthen the protection of investors and provide improved early warning of the build-up and scale of developing problems.
Amendment 188 #
2010/0250(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) There should be effective, proportionate and dissuasive penalties with regard to the clearing and reporting obligations. Member States should enforce those penalties in a manner that does not reduce the effectiveness of those rules. Member States shall ensure that the penalties being imposed are publicly disclosed and that assessment reports on the effectiveness of existing rules are published at regular intervals.
Amendment 201 #
2010/0250(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) A CCP should have a sound risk management framework to manage credit risks, liquidity risks, operational and other risks, including the risks that it bears or poses to other entities as a result of interdependencies. A CCP should have adequate procedures and mechanisms in place to deal with the default of a clearing member. In order to minimise the contagion risk of such a default, the CCP should have in place stringent participation requirements, collect appropriate initial margins, maintain a default fund and other financial resources to cover potential losses. As part of its risk management function and to cover its exposure to its clearing members, a CCP shall only accept highly liquid collateral with minimal credit and market risk. The type of assets to be accepted as collateral may, without compromising the safety of the CCP, to some extent be adapted to the nature of the counterparty. Regarding non-financial counterparties, a CCP may where appropriate accept bank guarantees or equivalent assets as collateral.
Amendment 278 #
2010/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ’independent member of the board' means a member of the board that has no previous or present business, family or other relationship that raises a conflict of interest with the CCP, its controlling shareholder(s) or management or its clearing members or management;
Amendment 541 #
2010/0250(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of the rules under this Title and shall take all measures necessary to ensure that they are implemented. Those penalties shall include at least administrative fines. The penalties provided for shall be effective, proportionate and dissuasive. When establishing and adjusting national penalty rules, Member States shall consult with ESMA.
Amendment 542 #
2010/0250(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States shall ensure that the competent authorities responsible for the supervision of financial, and where, appropriate, non-financial counterparties disclose every penalty that has been imposed for infringements of Articles 3 to 8 to the public, unless such disclosure would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved. Member States should at regular intervals publish assessment reports on the effectiveness of the penalty rules being applied.
Amendment 625 #
2010/0250(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Each Member State shall ensure that the competent authorities have the resources and the supervisory and investigatory powers necessary for the exercise of their functions.
Amendment 640 #
2010/0250(COD)
Proposal for a regulation
Article 22
Article 22
The competent authority or any other authority shall inform ESMA, the college and other relevant authorities without undue delay of any potential or actual emergency situation relating to a CCP, including developments in financial markets, which may have an adverse effect on market liquidity and the stability of the financial system in any of the Member States where the CCP or one of its clearing members are established.
Amendment 850 #
2010/0250(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. A CCP shall only accept highly liquid collateral with minimal credit and market risk to cover its exposure to its clearing members. ItRegarding non-financial counterparties, bank guarantees or equivalent assets may where appropriate be accepted as collateral. The CCP shall apply adequate haircuts to asset values that reflect the potential for their value to decline over the interval between their last revaluation and the time by which they can reasonably be assumed to be liquidated. It shall take into account the liquidity risk following the default of a market participant and the concentration risk on certain assets that may result in establishing the acceptable collateral and the relevant haircuts.
Amendment 858 #
2010/0250(COD)
Proposal for a regulation
Article 43 – paragraph 3 – subparagraph 1
Article 43 – paragraph 3 – subparagraph 1
Powers are delegated to the Commission to adopt regulatory technical standards specifying the type of collateral that can be considered highly liquid and the haircuts referred to in paragraph 1. Without prejudice to the need to keep a CCP safe, the Commission shall in adopting these standards also have regard to the nature of the counterparty.
Amendment 947 #
2010/0250(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. A trade repository shall, at regular intervals and in an easily accessible way, publish aggregate positions by class of derivatives on the contracts reported to it.
Amendment 26 #
2010/0115(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) As part of comprehensive "exit strategies" for the economic crisis, Member States should carry out ambitious reforms to ensure macroeconomic stability and the sustainability of public finance, improve competitiveness, reduce macroeconomic imbalances, strengthen social cohesion and enhance labour market performance. The gradual withdrawal of the fiscal stimulus, to be started as soon as the economy is on the way to a sustainable recovery, should be implemented and coordinated inter alia within the framework of the Stability and Growth Pact.
Amendment 31 #
2010/0115(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Member States should also, through their reform programmes, aim at "sustainable growth". Sustainable growth means building a resource-efficient, sustainable and competitive economy, a fair distribution of the cost and benefits and exploiting Europe's leadership in the race to develop new processes and technologies, including green technologies. These technologies should, as far as possible, be made accessible to all companies, including micro-enterprises and SMEs, so that changes in order to enhance sustainability can be carried out across the board. Member States should implement the necessary reforms to reduce greenhouse gases emissions and use resources efficiently. They should also improve the business environment, stimulate creation of green jobs and modernise their industrial base. The crisis should not obstruct or delay this crucial transformation to a green and sustainable economy.
Amendment 37 #
2010/0115(NLE)
Proposal for a decision
Recital 12 a (new)
Recital 12 a (new)
(12a) During the process of elaborating and carrying out structural reforms, Members States should have a particular focus on making sure that the growth that is promoted is employment-intensive and accompanied by substantial job creation in the real economy.
Amendment 50 #
2010/0115(NLE)
Proposal for a decision
Guideline 7 – paragraph 3
Guideline 7 – paragraph 3
In order to increase competitiveness and raise participation levels, particularly for the low-skilled, and in line with economic policy guideline 2, Member States should review tax and benefit systems and the capacity of public services to provide the necessary support. Member States should increase labour force participation through policies to promote active ageing, gender equality and equal pay and labour market integration of young people, disabled, legal migrants and other vulnerable groups. Work-life balance policies with the provision of affordable care and innovation in work organisation should be geared to raising employment rates, particularly among youth, older workers and women, in particular to retain highly-skilled women in scientific and technical fields. Member States should also remove barriers to labour market entry for newcomers, support self-employment and job creation in areas including green employment and care and promote social innovation. In enhancing the functioning and performance of the labour market, Member States should actively engage social partners in national policy elaboration and should fully respect their right– in accordance with national laws and practices – to conclude and enforce collective agreements.
Amendment 52 #
2010/0115(NLE)
Proposal for a decision
Guideline 7 – paragraph 4
Guideline 7 – paragraph 4
The EU headline target, on the basis of which Member States will set their national targets, is of aiming to bring by 2020 to at least 75% the employment rates for both women and men aged 20-64 including through the greater participation of youth, older workers and low skilled workers and the better integration of legal migrants.
Amendment 57 #
2010/0115(NLE)
Proposal for a decision
Recital 8
Recital 8
(8) As part of comprehensive "‘exit strategies"’ for the economic crisis, Member States should carry out ambitious reforms to ensure macroeconomic stability and the sustainability of public finance, improve competitiveness, reduce macroeconomic imbalances, strengthen social cohesion and enhance labour market performance. The gradual withdrawal of the fiscal stimulus, to be started as soon as the economy is on the way to a sustainable recovery, should be implemented and coordinated inter alia within the framework of the Stability and Growth Pact.
Amendment 60 #
2010/0115(NLE)
Proposal for a decision
Guideline 10 – paragraph 1
Guideline 10 – paragraph 1
Member States' efforts to reduce poverty should be aimed at promoting full participation in society and economy and extending employment opportunities, making full use of the European Social Fund. Efforts should also concentrate on ensuring equal opportunities, including through access to affordable, sustainable and high quality services and public services (including online services, in line with guideline 4) and in particular health care. Member States should put in place effective anti-discrimination measures. Equally, to fight social exclusion, empower people and promote labour market participation, social protection systems, lifelong learning and active inclusion policies should be enhanced to create opportunities at different stages of people's lives and shield them from the risk of exclusion. Social security and pension systems must be modernised to ensure that they can be fully deployed to ensure adequate income support and access to healthcare — thus providing social cohesion — whilst at the same time remaining financially sustainable. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one- parent families, minorities, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. Member States should also actively promote the social economy and social innovation in support of the most vulnerable. In enhancing the sustainability of public finances, Member States should pay particular attention to the positive effects that improvements in social cohesion have on national budgets. Reduced poverty and enhanced participation lead to decreases in social expenditures and increased tax revenues.
Amendment 80 #
2010/0115(NLE)
Proposal for a decision
Recital 10
Recital 10
(10) Member States should also, through their reform programmes, aim at "‘sustainable growth"’. Sustainable growth means building a resource-efficient, sustainable and competitive economy, a fair distribution of the cost and benefits and exploiting Europe'’s leadership in the race to develop new processes and technologies, including green technologies. These technologies should, as far as possible, be made accessible to all companies, including micro-enterprises and SMEs, so that changes in order to enhance sustainability can be carried out across the board. Member States should implement the necessary reforms to reduce greenhouse gases emissions and use resources efficiently. They should also improve the business environment, stimulate creation of green jobs and modernise their industrial base. The crisis should not obstruct or delay this crucial transformation to a green and sustainable economy.
Amendment 110 #
2010/0115(NLE)
Proposal for a decision
Recital 12 a (new)
Recital 12 a (new)
(12 a) In the course of elaborating and carrying out structural reforms, Members States should have a particular focus on making sure that the growth that is promoted is employment-intensive and accompanied by substantial job creation in the real economy.
Amendment 195 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 3
Annex – Guideline 7 – paragraph 3
In order to increase competitiveness and raise participation levels, particularly for the low-skilled, and in line with economic policy guideline 2, Member States should review tax and benefit systems and the capacity of public services to provide the necessary support. Member States should increase labour force participation through policies to promote active ageing, gender equality and equal pay and labour market integration of young people, disabled, legal migrants and other vulnerable groups. Work-life balance policies with the provision of affordable care and innovation in work organisation should be geared to raising employment rates, particularly among youth, older workers and women, in particular to retain highly-skilled women in scientific and technical fields. Member States should also remove barriers to labour market entry for newcomers, support self-employment and job creation in areas including green employment and care and promote social innovation. In enhancing the functioning and performance of the labour market, Member States should actively engage social partners in national policy elaboration and should fully respect their right,– in accordance with national laws and practices, to conclude and enforce collective agreements.
Amendment 210 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 7 – paragraph 4
Annex – Guideline 7 – paragraph 4
The EU headline target, on the basis of which Member States will set their national targets, is of aiming to bring by 2020 to 75% the employment rates for both women and men aged 20-64 including through the greater participation of youth, older workers and low skilled workers and the better integration of legal migrants.
Amendment 285 #
2010/0115(NLE)
Proposal for a decision
Annex – Guideline 10 – paragraph 1
Annex – Guideline 10 – paragraph 1
Member States" efforts to reduce poverty should be aimed at promoting full participation in society and economy and extending employment opportunities, making full use of the European Social Fund. Efforts should also concentrate on ensuring equal opportunities, including through access to affordable, sustainable and high quality services and public services (including online services, in line with guideline 4) and in particular health care. Member States should put in place effective anti-discrimination measures. Equally, to fight social exclusion, empower people and promote labour market participation, social protection systems, lifelong learning and active inclusion policies should be enhanced to create opportunities at different stages of people's lives and shield them from the risk of exclusion. Social security and pension systems must be modernised to ensure that they can be fully deployed to ensure adequate income support and access to healthcare thus providing social cohesion whilst at the same time remaining financially sustainable. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one- parent families, minorities, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. Member States should also actively promote the social economy and social innovation in support of the most vulnerable. In enhancing the sustainability of public finances, Member States should pay particular attention to the positive effects that improvements in social cohesion have on national budgets. Reduced poverty and enhanced participation lead to decreases in social expenditures and increased tax revenues.
Amendment 19 #
2010/0073(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The need to supplement already existing indicators with data that incorporate environmental and social aspects in order to allow more coherent and comprehensive policy making has been recognised in Commission Communication COM(2009) 433 of August 2009 on GDP and beyond. To this end, environmental accounts offer a means of monitoring the pressures exerted by the economy on the environment and of exploring how these might be abated. In line with the tenets of sustainable development and the drive to achieve a low-carbon economy, embedded in the Lisbon SEurope 2020 strategy and various major initiatives, developing a data framework that consistently includes environmental issues along with economic ones becomes all the more imperative.
Amendment 22 #
2010/0073(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) It is of great importance that the European environmental economic accounts, as soon as the system is fully operational, are actively and accurately used in all relevant EU policy making as a key input to impact assessments, action plans, legislative proposals and other significant products of the policy process.
Amendment 23 #
2010/0073(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) In order for the Commission (Eurostat) to be able to meet the key new responsibilities that it acquires under this Regulation, adequate human and financial resources should be allocated.
Amendment 27 #
2010/0073(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission shall draw up a comprehensive and coordinated programme for pilot studies to be carried out by Member States on a voluntary basis in order to develop the reporting and data quality, establish long time series and develop methodology.
Amendment 29 #
2010/0073(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. In order to further develop the European environmental economic accounts, including the cooperation between the national statistics authorities and the Commission (Eurostat) in this field, the Commission shall, by ...* and every four years thereafter, submit a report to the European Parliament and the Council on the quality and usefulness of the statistics compiled pursuant to this Regulation. * Two years from the entry into force of this Regulation.
Amendment 206 #
2009/2220(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls upon the Commission and the Member States to eliminate administrative burdens in order to facilitate the business environment, especially for SMEs. Stresses, however, the importance of ensuring that health and safety legislation must not under any circumstances be seen as an administrative burden on businesses;
Amendment 106 #
2009/0140(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The ESRB should decide whether a recommendation should be kept confidential or made public, bearing in mind that public disclosure can help to foster compliance with the recommendations in certain circumstancesis generally a good way to foster compliance.
Amendment 146 #
2009/0140(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a and subparagraph 1 a (new)
Article 6 – paragraph 1 – point f a and subparagraph 1 a (new)
(fa) six independent persons, each Board of Supervisors and each Stakeholder Group of the European Supervisory Authorities designating one. The persons referred to in point (fa) shall not be members of the ESAs but shall be chosen on the basis of their general competence and their diverse backgrounds in academic fields or other sectors, in particular in small and medium-sized enterprises, trade unions or as providers or consumers of financial services. The persons should represent a fair balance between buy-side, sell-side and employees’ representatives. At the time of nomination the European Supervisory Authorities shall indicate which person is designated also to serve on the Steering Committee. The nominations shall be confirmed by the other members of the General Board with voting rights. In carrying out their responsibilities, the persons appointed shall neither seek nor take instructions from any government or other institution, body, office, entity or private person. They shall refrain from any action incompatible with their duties or the performance of their tasks.
Amendment 234 #
2009/0140(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The General Board of the ESRB shall decide on a case-by-case basis whether a warning or a recommendation should be made public on a case-by-ca. Warnings and recommendations should be kept confidential only in those bcasis. By derogation to Article 10(2), a qualified majority of two- thirds of the votes is needed to make a warning or recommendation publices where there is an apparent risk that they could prompt seriously destabilising market reactions. Deviating from Article 10(2), the non-disclosure of a warning or recommendation requires a qualified two- thirds majority of the votes cast.
Amendment 11 #
2009/0139(CNS)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) In order to assess the effect of the application of the mechanism on fraudulent activities in a transparent manner, evaluation reports by Member States should be based on pre-defined criteria established by Member States. With a view to ensuring uniform application, the Commission should be empowered to adopt measures designed to specify, taking into account the advice of the VAT Committee, the evaluation criteria that will be used by Member States when assessing the effect of the application of the reverse-charge mechanism on fraudulent activities. Such criteria should be established by the Commission by June 2010. Any such evaluation should clearly assess the level of fraud before and after the application of the mechanism and any shifts in trends of fraudulent activities, including supplies of other goods and services, supplies at the retail level and supplies in other Member States.
Amendment 14 #
2009/0139(CNS)
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) By July 2014, the Commission should submit an impact assessment to the European Parliament and the Council together with appropriate proposals, on the basis of the Member States' evaluation reports, assessing the overall effectiveness and efficiency of the measure applying the mechanism.
Amendment 19 #
2009/0139(CNS)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/112/EC
Article 199a – paragraph 3 a (new)
Article 199a – paragraph 3 a (new)
3a. The evaluation criteria referred to in paragraph 3(b) shall be defined by the Commission after consulting the VAT Committee.
Amendment 22 #
2009/0139(CNS)
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/112/EC
Article 199a – paragraph 4 a (new)
Article 199a – paragraph 4 a (new)
4a. By July 2014, the Commission shall submit an impact assessment to the European Parliament and the Council together with appropriate proposals on the basis of the Member States' reports referred to in paragraph 4, assessing the overall effectiveness and efficiency of the measure applying the mechanism.
Amendment 72 #
2009/0099(COD)
Proposal for a directive – amending act
Recital 3
Recital 3
(3) In order to address the potentially detrimental effect of poorly designed remuneration structures on the sound management of risk and control of risk- taking behaviour by individuals, the requirements of Directive 2006/48/EC should be supplemented by an express obligation for credit institutions and investment firms to establish and maintain, for those categories of staff whose professional activities have a material impact on their risk profile, remuneration policies and practices that are consistent with effective risk management. Those categories should include at least senior management, risk-takers and control functions.
Amendment 83 #
2009/0099(COD)
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The provisions on remuneration should be without prejudice to the rights, where applicable, of social partners in collective bargainingfull exercise of fundamental rights guaranteed by the Treaties, in particular the right of social partners to conclude and enforce collective agreements, in accordance with national laws and traditions.
Amendment 92 #
2009/0099(COD)
Proposal for a directive – amending act
Recital 12
Recital 12
(12) Good governance structures, transparency and disclosure are essential for sound remuneration policies. In order to ensure adequate transparency to the market of their remuneration structures and the associated risk, credit institutions and investments forms should disclose detailed information on their remuneration policies and practices for those staff whose professional activities have a material impact on the risk profile of the institution. That information should be made available to all stakeholders (shareholders, employees and the general public). However, this obligation should be without prejudice to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with the regard to the processing of personal data and the free movement of such data. The role of the European works councils should be respected in regard to the provision of information to and consultation of employees.
Amendment 157 #
2009/0099(COD)
Proposal for a directive – amending act
Annex I – point 1
Annex I – point 1
Directive 2006/48/EC
Annex V – section 11 – point 22 – point b a (new)
Annex V – section 11 – point 22 – point b a (new)
(ba) the provisions on remuneration in point 22 are without prejudice to the full exercise of fundamental rights guaranteed by the Treaties, in particular the right of social partners, in accordance with national laws and traditions, to conclude and enforce collective agreements;
Amendment 73 #
2008/0195(COD)
Proposal for a directive
Article 1 – point 2 – subpoint b
Article 1 – point 2 – subpoint b
Directive 2002/15/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
"'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i. who does not have the freedom to organise the relevant working activities; ii. whose income does not depend directly on the profits made; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers for whom one of the following indicators apply: i. who is subordinated to a user undertaking: does not have the freedom to organise his working place and time and the relevant working activities or has to submit to orders and instructions of another party in the performance of work; ii. whose income does not depend directly on the profits made, and who is economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who receives the following: periodic payment of remuneration and such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers; iiia. whose work is very similar to previous work executed for the same contractor; iiib. whose work involves the provision of tools, materials and machinery by the party requesting the work; iiic. who does not dispose of the vehicle used, either through ownership or through leases / lease; To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."