546 Amendments of Christian ENGSTRÖM
Amendment 210 #
2013/2188(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
Amendment 5 #
2013/2114(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the impact assessment accompanying the document "Proposal for a Directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market
Amendment 7 #
2013/2114(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to the Working Document of the Committee on Legal Affairs "Copyright in the music and audiovisual sectors", approved on 29 June 2011,
Amendment 8 #
2013/2114(INI)
Motion for a resolution
Recital A
Recital A
A. whereas culture and artistic creation form the bedrock of the European identity past and present, and will play a vital role in themake manifest the fabric of economic and social development of the European Union now, and in the future;
Amendment 11 #
2013/2114(INI)
Motion for a resolution
Recital B
Recital B
B. whereas cultural content plays a pivotal role in the digital economy, whereas Europe's digital growth will depend in future on having a varied supply of high- quality cultural content, and whereas it has emerged from consultations and several independent surveys that the cultural and creative sectors are facing common challenges from digitisation and globalisation, along with funding problemse and artistic creation is integral to the digital economy, whereas expression of both high-end and mundane cultural content relies on equal access to Europe's digital growth, and whereas it has emerged from consultations that the European digital market still has not delivered on the promises of effective distribution, fair remuneration to creators and of fair and effective distribution of income within the cultural sector in general, and that EU-level action is needed to resolve these problems;
Amendment 14 #
2013/2114(INI)
Motion for a resolution
Recital C
Recital C
C. whereas digitisation is having a huge impact on the way in which cultural goodidentities are being producexpressed, distributed, marketed and consum and developed, and whereas lower distribution costsbarriers for participation and the appearance of new distribution channels can facilitates access to creative works and culture and improve the circulation of those works around the world, discovery and re-discovery of culture and artistic creation around the world and provides opportunities for creators and artists;
Amendment 18 #
2013/2114(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the proposal for a Directive on the collective management of copyright and related rights currently being discussed reinforces that approach to the management of copyright, placing requires particular emphasis on the transparency of the flows of remuneration collected, distributed and paid to rightholders by collecting societies, including for private copying;
Amendment 21 #
2013/2114(INI)
Motion for a resolution
Recital E
Recital E
E. whereas under Directive 2001/29 /EC, Member States may provide for an exception or limitation to the reproduction right for certain types of reproduction of audio, visual and audio-visual material for private use, accompanied by fair remuneration, and may allow consumers in countries that have introduced that limitation to copy their music and audio- visual collections from one medium or type of multimedia material to another freely and as frequently as they wish, without se eking authorisation from the rightholders, provided this is for their private use; whereas any levies should be calculatedthe pervasive nature and ubiquitous presence of digital works makes calculation of levies on the basis of the possible harm to the rightholders resulting from the private copying act ian questionimpossible task;
Amendment 25 #
2013/2114(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the sum total of private copying levies collected in 23 of the 28 EU Member has more than tripled since Directive 2001/29/EC came into force and, according to the Commission's estimates, now stands at over EUR 600 million, and whereas this constitutes a considerable amouless than 17% of the amount EUR 3.6 billion worth of liabilities to rightholders major collective management for the artistsganisations had accumulated in 2010;
Amendment 30 #
2013/2114(INI)
Motion for a resolution
Recital G
Recital G
G. whereas these levies only constitute a small proportion of the turnover of manufacturers and importers of, in some cases, constitute a substantial percentage of the price consumers pay for traditional and digital recording media and material;
Amendment 37 #
2013/2114(INI)
Motion for a resolution
Recital K
Recital K
K. whereas media and material prices do not vary according to the different rates of private copying levy applied across the Union,; whereas manufacturers cross- subside levies across the EU in cases where levies are a very significant proportion of the purchase price of a device; and whereas the abolition of private copying levies in Spain in 2012 has had no impact on media and material prices;
Amendment 40 #
2013/2114(INI)
Motion for a resolution
Recital L
Recital L
L. whereas disparities exist between the various models and collection rates for private copying levies and between their impact on consumers and the single market; and whereas a European framework should be created that guarantees that equivalent conditions apply to rightholders, consumers, manufacturers and importers of equipment and service providers across the Union until levies have been phased out;
Amendment 50 #
2013/2114(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the cultural sector provides 5 millions of jobs in the EU and 2.6 % of its GDP, that it is one of the main drivers for growth in Europe and a wellspring for new and non-relocatable jobs, and that it stimulates innovation and offers an effective means of combating the current recessioncontributes to its GDP, and is therefore in need of a modern legal framework adapted to the digital market;
Amendment 51 #
2013/2114(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that only some Member States have opted to introduce an exception for private copying, with compensation for right holders, and that the cultural sector is a strong driving force for growth also in Member States which have not opted to impose private copy levies;
Amendment 52 #
2013/2114(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that copyright law should balance the interests of inter alia creators and consumers; in this context considers that all European consumers should have a right to make private copies of legally acquired content;
Amendment 53 #
2013/2114(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Therefore calls upon the Commission to present a legislative proposal to review Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society including a provision to fully harmonize exceptions and limitations with regards, inter alia, to private copying;
Amendment 54 #
2013/2114(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Considers further that private copying of legally acquired content constitutes a normal use of the acquired products or services by the consumer which does not harm the legitimate interests of right holders and which should thus not warrant any compensation;
Amendment 58 #
2013/2114(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that in times of budget austerity, private copying levies constitute a vital source of revenue for the cultural sector, and particularly for the performance artssubstantial cost for consumers without providing a socially accepted source of revenue for the cultural sector;
Amendment 59 #
2013/2114(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that private copying levies currently constitute a source of income which is of varying importance for different categories of right holders and that its importance varies significantly between Member States;
Amendment 66 #
2013/2114(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the private copying levy system is a virtuous system that balances the right to copying for private use with fair remuneration to rightholders, and that it is a system worth preservingn obsolete old fashioned system that should be phased out to give room for fair remuneration of artists and the right to make copies for private use;
Amendment 67 #
2013/2114(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that the major disparities between national systems for the collection of levies, especially as regards the types of product subject to the levy and the rates of levy, can distorts competition and give rise to ‘forum shopping’ within the internal market, incites double payment of levies, impedes the proper functioning of the internal market and deteriorates the support for copyright among citizens;
Amendment 72 #
2013/2114(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Invites the Member States to decide on a common definition of thephase out private copying levy,ies and to look for common ground as regards to which products should not be subject to the levy and to harmonise the negotiating arrangement for the rates applicable toagreeing on the rates of decrease of private copying levy rates; calls on the Commission to facilitate that process;
Amendment 74 #
2013/2114(INI)
Motion for a resolution
Subheading 2
Subheading 2
Single collection procedure, clearer consumer information and more efficient reimbursement procedures during the phase out period
Amendment 81 #
2013/2114(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the private copying levy should apply to allnot be extended to include new materials, media and services whose value resides in their private recording and storage capacity;
Amendment 85 #
2013/2114(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that private copying levies should be payable by manufacturers or importers; notes that, if the levy were transferred to retailers, this would result in an excessivthe final retailer and not the manufacturer as a short and medium term measure to reach the goal of a completely phased out levy system; notes that, if the levy were transferred to retailers, this would support the development of new technologies for content delivery which reduce administrative burden for small and medium-sized distribution companies ands well as collective rights management organisations;
Amendment 92 #
2013/2114(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State in which thefinal customer resides; notes that if a product is placed on the market and that the product thenit shall be allowed to circulate freely in the internal market without being subject to additional levies;
Amendment 102 #
2013/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view that, accordingly, private copying levies canshould not be collected by a collective management organisation of aone Member State if remuneration of the same kind has already been collected in another Member State;
Amendment 105 #
2013/2114(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States, in consultation with all stakeholders, to simplify procedures for setting thethe phasing out of levies in such a way as to ensure fairness and objectivity;
Amendment 106 #
2013/2114(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 117 #
2013/2114(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes the view that consumers must be informed of the exact amount of the levy paid by them; urges the Commission and Member States accordingly, in consultation with manufacturers, importers, retailers and consumer associations, to ensure that this information is indicated on packaging and, as far as possible,explicit on invoices and receipts issued to consumers at the retailer level;
Amendment 119 #
2013/2114(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges Member States to adopt more transparent exemption arrangementrules regarding professional uses to ensure that they are exempt, also in practice, from private copy levies in compliance with CJEU case law;
Amendment 120 #
2013/2114(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to introduce efficient arrangements for the reimbursement of private copy levies where the media in question is used for professional purposes; ensure that private copy levies never have to be paid where the media in question is used for professional purposes and that various arrangements for the reimbursement of levies paid for professional users are replaced with systems which guarantee that these users are not liable to pay the levy in the first place;
Amendment 121 #
2013/2114(INI)
Motion for a resolution
Subheading 3
Subheading 3
Transparency regarding allocation of revenue and cultural policy
Amendment 127 #
2013/2114(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to earmark at least 25% of revenue from private copying levies to promote the creative and performance artssmooth phasing out of the system as a whole;
Amendment 128 #
2013/2114(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States to publish reports on the allocation of proceeds in open resources format with interpretable data the smooth phasing out of the system as a whole;
Amendment 129 #
2013/2114(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 134 #
2013/2114(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that private copying exemption arrangemgives citizents enable consumersthe right to copy freely their musical and audio-visual material from one medium or type of multimedia material to another without the need to seek the authorisation of rightholders, provided that this is for private use;
Amendment 141 #
2013/2114(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for the elimination of technical protection measures causing an imbalance between freedom to copy and fair remuneration for rightholders under private copying arrangemenwhich would impede the freedom of citizens to make use of their legal right to make copies for personal use as it also undermines a fair remuneration of artists;
Amendment 144 #
2013/2114(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 151 #
2013/2114(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Observes that, despite permanent access to online works, download storage and copying of works for offline use is increasing with increasing, storage and private copying for offline use is continuingcapacity of storage media; takes the view that a private copying levy system cannot therefore be replaced by a licencing systemupheld and has to be phased out;
Amendment 155 #
2013/2114(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes that the modern digital economy is providing a large multitude of online services where some services technically require copying of the content and others do not and where some of these services would thus be subject to private copying levies and others would not; takes the view that a private copying levy system should therefore be phased out in order not to discriminate between services;
Amendment 163 #
2013/2114(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that, as for online services, contractual authorisations cannot be allowed to prevail to the detriment of private copying exception arrangem licensing provisions should not limit the legal rights of citizens to make private copies of legally acquired contents;
Amendment 172 #
2013/2114(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that private copies of protected works made using new cloud computing technology may have the samenew purposes as compared to those made using traditional and/or digital recording media and materials; considers that these copies should be taken into account by thesuch new media and services should not be included in current private copying compensation mechanisms;
Amendment 178 #
2013/2114(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to assess the impact on the private copying system of the use of cloud computing technology for the private recording and storage of protected works, so as to determine how these private copies of protected works should be taken into account by theexcluded from private copying compensation mechanisms;
Amendment 178 #
2013/2024(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Urges a comprehensive agreement on the Data protection package which ensures a uniform and high level of protection for data subjects and a level playing field for business; insists that this is a precondition for free trade and police and judicial cooperation;
Amendment 187 #
2013/2024(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Rejects the notion of predictive policing without an initial suspicion, in particular the EU PNR proposal and the idea of an EU Terrorist Finance Tracking System; calls on the Commission to repeal the Data Retention Directive;
Amendment 57 #
2013/0309(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) Disparities in the national implementation of sector-specific end-user protection rules create significant barriers to the single digital market, in particular in the form of increased compliance costs for providers of electronic communications to the public wishing to offer services across Member States. Moreover, fragmentation and uncertainty as to the level of protection granted in different Member States undermines end-users' trust and dissuades them from purchasing electronic communications services abroad. In order to achieve the Union's objective to remove barriers to the internal market it is necessary to replace existing, divergent national legal measures with a smingle and fuimally harmonised set of sector-specific rules which create a high common level of end- user protection. Such full harmonisation of the legal provisions should not prevent providers of electronic communications to the public from offering end-users contractual arrangements which go beyond that level of protection. Member States may also require higher levels of protection.
Amendment 66 #
2013/0309(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The freedom of end-users to access and distribute information and lawful content, run applications and use services of their choice is subject to the respect of Union and compatible national law. This Regulation defines the limits for any restrictions to this freedom by providers of electronic communications to the public but is without prejudice to other Union legislation, including copyright rules and Directive 2000/31/EC.
Amendment 69 #
2013/0309(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 70 #
2013/0309(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for content, applications and service providers to negotiate such flexible quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services and is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to conclude specialised services agreements on defined levels of quality of service as long as such agreements do not substantially impair the general quality of internet access services.
Amendment 73 #
2013/0309(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) National regulatory authorities play an essential role in ensuring that end-users are effectively able to exercise this freedom to avail of open internet access. To this end national regulatory authorities should have monitoring and reporting obligations, and ensure compliance of providers of electronic communications to the public and the availability of non-discriminatory internet access services of high quality which are not impaired by specialised services. In their assessment of a possible general impairment of internet access services, national regulatory authorities should take account of quality parameters such as timing and reliability parameters (latency, jitter, packet loss), levels and effects of congestion in the network, actual versus advertised speeds, performance of internet access services compared with specialised services, and quality as perceived by end-users. National regulatory authorities should be empowered to impose minimum quality of service requirements on all or individual providers of electronic communications to the public if this is necessary to prevent general impairment/degradation of the quality of service of internet access services.
Amendment 75 #
2013/0309(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The measures to ensure better transparency and comparability of prices, tariffs, terms and conditions, and quality of service parameters including those specific to the provision of internet access services, should increase the ability of end-users to optimise their selection of providers and thus benefit fully from competition. Any voluntary certification scheme for interactive comparison websites, guides or similar tools shall be independent from any provider of electronic communications, use plain and clear language, use complete and up-to-date information, have transparent methodology, be reliable and accessibility according to Web Content Accessibility Guidelines 2.0 and have an effective complaints handling procedure.
Amendment 78 #
2013/0309(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Contracts are an important means of giving end-users a high level of transparency of information and legal certainty. Providers of electronic communications to the public should give end-users clear and comprehensible information on all essential elements of the contract before the end-user is bound by the contract. The information should be mandatory and not be altered except by subsequent explicit agreement of the end- user and the provider. The Commission and several national regulatory authorities recently found considerable discrepancies between the advertised speed of internet access services and the speed actually available to end-users. Providers of electronic communications to the public should therefore inform end-users, prior to the conclusion of the contract, of the speed and other quality of service parameters which they can realistically deliver at the end- user's main location.
Amendment 90 #
2013/0309(COD)
Proposal for a regulation
Recital 64
Recital 64
(64) Contracts with transferring providers of electronic communications to the public should be cancelled automatically after switching without any additional steps being required from end-users. In the case of pre-paid services any credit balance which has not been spent should be refunded to the switching consumer. The consumer may also request that any unused balance be transferred to the receiving telecommunications provider.
Amendment 94 #
2013/0309(COD)
Proposal for a regulation
Recital 71
Recital 71
(71) In order to ensure consistency between the objective and the measures needed to complete the single market for electronic communications pursuant to this Regulation and some specific existing legislative provisions and to reflect key elements of evolving decisional practice, Directive 2002/21/EC, the Directives 2002/20/EC and 2002/22/EC and Regulation No 531/2012 should be amended. This includes making provision for Directive 2002/21/EC and the related Directives to be read in conjunction with this Regulation, the introduction of strengthened powers of the Commission in order to ensure consistency of remedies imposed on European electronic communications providers having significant market power in the context of the European consultation mechanism, harmonisation of the criteria adopted in assessing the definition and competitiveness of relevant markets, the adaptation of the notification system under Directive 2002/20/EC in view of the single EU authorisation as well as the repeal of provisions on minimum harmonisation of end-users rights provided in Directive 2002/22/EC made redundant by the full harmonisation provided in this Regulation.
Amendment 95 #
2013/0309(COD)
Proposal for a regulation
Recital 76
Recital 76
(76) In addition, the significant reduction in mobile termination rates throughout the Union in the recent past should now allow the elimination of additional roaming charges for incomingall calls.
Amendment 97 #
2013/0309(COD)
Proposal for a regulation
Recital 80 a (new)
Recital 80 a (new)
(80a) Where consent regarding data processing is given by the end-user, this consent should be informed, specific and unambiguous. This consent should not be a pre-requisite for the end-user's enjoyment of telecommunication services.
Amendment 106 #
2013/0309(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The provisions of this Regulation are without prejudice to the Union acquis relating to data protection and Articles 7 and 8 of the Charter of Fundamental Human Rights.
Amendment 116 #
2013/0309(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
Amendment 143 #
2013/0309(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Providers of electronic communications to the public shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or place of residence unless such differences are objectively justified.
Amendment 159 #
2013/0309(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Freedom to provide and right to avail of open internet access, and reasonable traffic management
Amendment 160 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1
Article 23 – paragraph 1 – subparagraph 1
End-users shall have the right to be free to access and distribute information and content, run applications, connect hardware and use services and software of their choice via their internet access service. Internet access providers can thus not block, discriminate against, impair or degrade, including through price surcharge or preferential treatment, the ability of any person to use a service to access, use, send, post, receive or offer any content, application or service of their choice, irrespective of source or target. Providers of internet access services shall not make the prices of these services dependent on the content, applications and services that are offered or used via these internet access services.
Amendment 173 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 178 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 188 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. All services offered by internet service providers shall be treated equally. Internet service providers shall not prioritise any service above any other.
Amendment 189 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 4
Article 23 – paragraph 4
4. The exercise of the freedoms provided for in paragraphs 1 and 2 shall be facilitated by the provision of complete information in accordance with Article 25(1), Article 26 (2), and Article 27 (1) and (2).
Amendment 192 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1
Article 23 – paragraph 5 – subparagraph 1
Amendment 209 #
2013/0309(COD)
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
Article 23 – paragraph 5 – subparagraph 2
Amendment 214 #
2013/0309(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. National regulatory authorities and national data protection authorities shall closely monitor and ensure the effective ability of end-users to benefit from the freedoms provided for in Article 23 (1) and (2), compliance with Article 23 (5), and the continued availability of non- discriminatory internet access services at levels of quality that reflect advances in technology and that are not impaired by specialised services. They shall, in cooperation with other competent national. National regulatory authorities, also monitor the effects of specialised services on cultural diversity and innovation. National regulatorynd national data protection authorities shall report on an annual basis to the Commission and BEREC on their monitoring and findings.
Amendment 225 #
2013/0309(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Where a service provider has failed to fulfil their service requirements, as provided inter alia in Article 25, the end- user shall have the right to rescind the contract, and may also avail of rights as established in national law.
Amendment 235 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point e – point iii
Article 25 – paragraph 1 – subparagraph 1 – point e – point iii
(iii) a clear and comprehensible explanation as to how any data volume limitation, the actually available speed and other quality parameters, and the simultaneous use of specialised services with an enhanced quality of service, may practically impact the use of content, applications and services;
Amendment 236 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 – point g
Article 25 – paragraph 1 – subparagraph 1 – point g
(g) their standard contract terms and conditions, including any minimum contractual period, the conditions for and any charges due on early termination of a contract, the procedures and direct charges related to switching and portability of numbers and other identifiers, and compensation arrangements for delay or abuse of switching;
Amendment 239 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The information shall be published in a clear, comprehensive and easily accessible form in the official language(s) of the Member State where the service is offered, and be updated regularly. The information shall, on request, be supplied to the relevant national regulatory authorities in advance of its publication. Any differentiation in the conditions applied to consumers and other end-users shall be made explicit.
Amendment 242 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Commission may adopt implementing acts specifying theBEREC shall, following consultation with all relevant stakeholders, adopt methods for measuring the speed of internet access services, the quality of service parameters and the methods for measuring them, and the content, form and manner of the information to be published, including possible quality certification mechanisms. The CommissionBEREC may take into account the parameters, definitions and measurement methods set out in Annex III of the Directive 2002/22/EC .Those implementing acts shall be adopted in . The Commission shall be empowered, via implementing acts, to adopt BEREC's proposals regarding the aforementioned measuring methods, in accordance with the examination procedure referred to in Article 33(2).
Amendment 243 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. End-users shall have access to independent evaluation tools allowing them to compare the performance of electronic communications network access and services and the cost of alternative usage patterns. To this end, the Member States, following consultation with all relevant stakeholders, shall establish a voluntary certification scheme for interactive websites, guides or similar tools. Certification shall be granted on the basis of objective, transparent and proportionate requirements, in particular independence from any provider of electronic communications to the public, the use of plain language, the provision of complete and up-to-date information, and the operation of an effective complaints handling procedure. Where certified comparison facilities are not available on the market free of charge or at a reasonable price, national regulatory authorities or other competent national authorities shall make such facilities available themselves or through third parties in compliance with the certification requirements. The information published by providers of electronic communications to the public shall be accessible, free of charge, for the purposes of making available comparison facilities. Where possible, existing comparison websites shall be used as basis for the abovementioned independent evaluation tools.
Amendment 245 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. Upon request of the relevant public authorities, pProviders of electronic communications to the public shall distribute public interest information free of charge to end-users, where appropriate, by the same means as those ordinarily used by them in their communications with end- users. In such a case, that information shall be provided by the relevant public authorities to the providers of electronic communications to the public in a standardised format and may, inter alia, cover the following topics:
Amendment 249 #
2013/0309(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
(b) the means of protection against risks to personal security and unlawful access to personal data when using electronic communications services, including the measures taken by the provider of electronic communications and any impact thereof on personal data protection.
Amendment 251 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point b – point iv a (new)
Article 26 – paragraph 1 – point b – point iv a (new)
(iva) any necessary technical information, free of charge, for the end-user to use the terminal equipment of his choice
Amendment 252 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) details of prices and tariffs (for consumers, including taxes and possibly due additional charges) that may be levied and the means by which up-to-date information on all applicable tariffs and charges are made available;
Amendment 253 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point e – point iii
Article 26 – paragraph 1 – point e – point iii
(iii) any charges due on early termination of the contract, including any cost recovery with respect to terminal equipment, (on the basis of customary depreciation methods) and other promotional advantages, (on a pro rata temporis basis);
Amendment 254 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point f
Article 26 – paragraph 1 – point f
(f) any compensation and refund arrangements, including an explicit reference to statutory rights of the end- user, which apply, including the right to rescind the contract, if contracted service quality levels are not met;
Amendment 255 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point g
Article 26 – paragraph 1 – point g
(g) where an obligation exists in accordance with Article 25 of Directive 2002/22/EC, the end-users' options as to whether or not to include their personal data in a directory, and the data concerned; in accordance with Article 12 of Directive 2002/58/EC, end-users should also be informed of the purposes of such a directory and use of this data for search functions, and end-users should be given information regarding the modalities of exercising their rights to verify, correct or withdraw their personal data from the directory in question.
Amendment 256 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point j
Article 26 – paragraph 1 – point j
(j) the type of action that might be taken by the provider in reaction to security or integrity incidents or threats and vulnerabilities. This information shall include information on the communications inspection techniques underlying such actions, as well as their effect on end user privacy and data protection rights:
Amendment 258 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point j – point i (new)
Article 26 – paragraph 1 – point j – point i (new)
(i) the purposes for which end-user personal data will be processed, and justification thereof;
Amendment 259 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 a (new)
Article 26 – paragraph 1 – subparagraph 1 a (new)
In addition to the information referred to in subparagraph 1, if the contract includes the provision of internet access and data services, that contract shall include the following information: (a) details of unit data pricing plans, pricing plans for bulk data and any applicable thresholds. For data volumes above thresholds, unit or bulk pricing on an ad hoc basis, and any data speed limitations that may be applied; (b) how end-users can monitor the current level of their consumption, and define the level of their preferred consumption limit (c) the actual available data speed for download and upload at the main location of the end-user, as well as the minimum guaranteed speeds; (d) other quality of service of service parameters as defined in this Regulation, in addition Member States may impose additional parameters; (e) a clear and easily understood explanation of how any volume limitation, the actual available speeds and other quality of service parameters may have a practical impact on the use of content applications and services.
Amendment 262 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
(e) a clear and comprehensible explanation as to how any volume limitation, the actually available speed and other quality of service parameters, and the simultaneous use of specialised services with an enhanced quality of service, may practically impact the use of content, applications and services.
Amendment 263 #
2013/0309(COD)
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. Member States may maintain or introduce additional requirements in relation to contracts to which this Article applies.
Amendment 266 #
2013/0309(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Providers of electronic communications to the public shall offer end-users the opportunity to opt, free of charge, for a facility which provides information on the accumulated consumption of different electronic communications services expressed in the currency in which the end- user is billed. Such information regarding consumption shall be provided in a timely manner. Such a facility shall guarantee that, without the end-user's consent, the accumulated expenditure over a specified period of use does not exceed a specified financial limit set by the end- user.
Amendment 267 #
2013/0309(COD)
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Providers of electronic communications to the public shall offer end-users the opportunity to opt, free of charge for receiving itemised bills., in electronic or paper format
Amendment 269 #
2013/0309(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. In accordance with Directive 2011/83/EC, the consumer has the right to withdraw from a distance or off premises contract within 14 days after the conclusion of such a contract.
Amendment 271 #
2013/0309(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Any significant and non-temporary discrepancy between the actual performance regarding speed or other quality parameters and the performance indicated by the provider of electronic communications to the public in accordance with Article 26 shall be considered as non-conformity of performance for the purpose of determining the end-user's remedies in accordance with national law. End-users shall also have the right to rescind the contract in this case of non-conformity of performance.
Amendment 275 #
2013/0309(COD)
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
6. A subscription to additional services provided by the same provider of electronic communications to the public shall not re-start the initial contract period unless the price of the additional service(s) significantly exceeds that of the initial services or the additional services are offered at a special promotional price linked to the renewal of the existing contract. The consumer shall be duly informed and shall explicitly accept the renewal.
Amendment 276 #
2013/0309(COD)
Proposal for a regulation
Article 28 – paragraph 7 a (new)
Article 28 – paragraph 7 a (new)
7a. Member States may maintain or introduce additional requirements in relation to contracts to which this Article applies.
Amendment 282 #
2013/0309(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. The end-users' contracts with transferring providers of electronic communications to the public shall be terminated automatically after conclusion of the switch. Transferring providers of electronic communications to the public shall refund any remaining credit to the consumers using pre-paid services. End- users may also request to have their remaining pre-paid credit transferred to the receiving provider.
Amendment 283 #
2013/0309(COD)
Proposal for a regulation
Article 30 – paragraph 5 a (new)
Article 30 – paragraph 5 a (new)
5a. Providers shall provide technical information or protocols allowing the end-user to reprogramme the hardware to be compatible from one provider to another. This information shall be free of charge.
Amendment 313 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph – point 2 a (new)
Article 36 – paragraph – point 2 a (new)
Directive 2002/22/EC
Article 26 – paragraph 1
Article 26 – paragraph 1
(2a) Article 26(1) is replaced by the following: "1. Member States shall ensure that, in addition to any other national emergency call numbers specified by the national regulatory authorities, all end-users of publicly available telephone services, including users of public pay telephones and users of private telecommunications networks, are able to call the emergency services free of charge, by using the single European emergency call number .112.." Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:108:0051:0051:EN:PDF)
Amendment 314 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 2 b (new)
Article 36 – paragraph 1 – point 2 b (new)
Directive 2002/22/EC
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 315 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 2 c (new)
Article 36 – paragraph 1 – point 2 c (new)
Directive 2002/22/EC
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
(2c) In Article 26, the following paragraph is added: "3a. The Commission shall maintain a database of European emergency service E.164 numbers to ensure that emergency services can contact each other."
Amendment 316 #
2013/0309(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point 2 d (new)
Article 36 – paragraph 1 – point 2 d (new)
2002/22/EC
Article 26 – paragraph 5
Article 26 – paragraph 5
(2d) Article 26(5) is replaced by the following: "5. Member States shall ensure that undertakings concerned make caller location information available free of charge to the authority handling emergency calls as soon as the call reaches that authority. This shall apply to all calls to the single European emergency call number '112', including calls from private telecommunications networks and roaming calls. Member States may extend this obligation to cover calls to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided." Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:108:0051:0077:EN:PDF)
Amendment 325 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 4
Article 37 – point 4
Regulation 531/2012
Article 4 a (new)
Article 4 a (new)
Amendment 327 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 4
Article 37 – point 4
Regulation 531/2012
Article 4 a – paragraph 3
Article 4 a – paragraph 3
Amendment 328 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 4 a (new)
Article 37 – point 4 a (new)
Regulation 531/2012
Article 7
Article 7
(4a) Article 7 is replaced by the following: "1. The average wholesale charge that the visited network operator may levy on the customer's roaming provider for the provision of a regulated roaming call originating on that visited network, inclusive, inter alia, of origination, transit and termination costs, shall not exceed EUR 0,140 per minute as of 1 July 2012. 2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a 12-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or before 30 June 2022. The maximum average wholesale charge shall decrease to EUR 0,10 on 1 July 2013 and to EUR 0,0504 on 1 July 2014 and shall, without prejudice to Article 19, remain at EUR 0,054 until 30 June 2022. 3. The average wholesale charge referred to in paragraph 1 shall be calculated by dividing the total wholesale roaming revenue received by the total number of wholesale roaming minutes actually used for the provision of wholesale roaming calls within the Union by the relevant operator over the relevant period, aggregated on a per-second basis adjusted to take account of the possibility for. the operator of the visited network shall noto apply any initial minimum charging period not exceeding 30 seconds." lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:172:0010:0035:EN:PDF)." Or. en (http://eur-
Amendment 331 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 5 – point a
Article 37 – point 5 – point a
Regulation (EU) No 531/2012
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
"2. With effect from 1 July 20132, the retail charge (excluding VAT) for a euro-voice tariff which a roaming provider may levy on its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,2415 per minute for any call made or EUR 0,075 per minute for any call received. The maximum retail charge for calls made shall decrease to EUR 0,19 on 1 July 2014. As of 1 July 2014, roaming providers shall not levy any charge on their roaming customers for calls received, without prejudice to measures taken to prevent anomalous or fraudulent usage and the maximum retail charge for calls received shall decrease to EUR 0,03 on 1 July 2014. Without prejudice to Article 19 those maximum retail charges for the euro-voice tariff shall remain valid until 30 June 2017. " Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:172:0010:0035:EN:PDF)
Amendment 333 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 5 – point b
Article 37 – point 5 – point b
Regulation (EU) No 531/2012
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
Amendment 334 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 5 – point ba (new)
Article 37 – point 5 – point ba (new)
(ba) the fourth subparagraph is replaced by the following: "The roaming provider may not apply an initial minimum charging period not exceeding 30 seconds to calls made which are subject to a euro-voice tariff. " Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:172:0010:0035:EN:PDF)
Amendment 335 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 5 a (new)
Article 37 – point 5 a (new)
Regulation (EU) No 531/2012
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 336 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 5 b (new)
Article 37 – point 5 b (new)
Regulation (EU) No 531/2012
Article 10 – paragraph 2
Article 10 – paragraph 2
(5b) Article 10(2) is replaced by the following: "2. With effect from 1 July 2012, the retail charge (excluding VAT) for a euro-SMS tariff which a roaming provider may levy on its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any regulated roaming SMS message but shall not exceed EUR 0,097. That maximum charge shall decrease to EUR 0,08 on 1 July 2013 and to EUR 0,065 on 1 July 2014 and shall, without prejudice to Article 19, remain at EUR 0,065 until 30 June 2017. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:172:0010:0035:EN:PDF)" Or. en (http://eur-
Amendment 339 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 5 c (new)
Article 37 – point 5 c (new)
Regulation (EU) No 531/2012
Article 12 – paragraph 1
Article 12 – paragraph 1
(5c) Article 12 (1) is replaced by the following: "1. With effect from 1 July 2012, the average wholesale charge that the visited network operator may levy on the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 0,25 per megabyte of data transmitted. The safeguard limit shall decrease to EUR 0,15 per megabyte of data transmitted on 1 July 2013 and to EUR 0,05 per me10 EUR per gigabyte of data transmitted on 1 July 2014 and shall, without prejudice to Article 19, remain at 10 EUR 0,05 per megigabyte of data transmitted until 30 June 2022. lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:172:0010:0035:EN:PDF)" Or. en (http://eur-
Amendment 340 #
2013/0309(COD)
Proposal for a regulation
Article 37 – point 5 d (new)
Article 37 – point 5 d (new)
(5d) In Article 13(2), the first subparagraph is replaced by the following: "2. With effect from 1 July 2012, the retail charge (excluding VAT) of a euro-data tariff which a roaming provider may levy on its roaming customer for the provision of a regulated data roaming service shall not exceed EUR 0,70 per megabyte used. The maximum retail charge for data used shall decrease to 20 EUR 0,45 per megabyte used on 1 July 2013 and to EUR 0,20 per megigabyte used on 1 July 2014 and shall, without prejudice to Article 19, remain at 20 EUR 0,20 per megigabyte used until 30 June 2017." Or. en (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:172:0010:0035:EN:PDF)
Amendment 344 #
2013/0309(COD)
Proposal for a regulation
Article 40 – paragraph 2 – subparagraph 2
Article 40 – paragraph 2 – subparagraph 2
Amendment 46 #
2013/0306(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) The internet has developed over the past decades as an open platform for innovation with low access barriers for end-users, content and application providers and internet service providers. Fundamentally equal treatment and non- discrimination in forwarding data packages, irrespective of content, service, application, origin or destination, must be safeguarded by law throughout the EU, to provide a lasting guarantee that all internet users can in principle access or provide all online content, services or applications. Access network operators are under a general obligation to forward data packages while providing users with transfer services of suitable quality and constantly adapted to technological progress, regardless of the origin, destination or nature of the content, services and applications to be transferred. The open and non- discriminatory nature of the internet is the key to stimulating innovation and economic efficiency. These essential characteristics help ensure freedom and diversity of expression in the media and in the cultural sector. The existing regulatory framework aims at promoting the ability of end-users to access and distribute information or run applications and services of their choice. Recently, however, the report of the Body of European Regulators for Electronic Communications (BEREC) on traffic management practices published in May 2012 and a study, commissioned by the Executive Agency for Consumers and Health and published in December 2012, on the functioning of the market of internet access and provision from a consumer perspective, showed that a significant number of end-users are affected by traffic management practices which block or slow down specific applications. These tendencies require clear rules at the Union level to maintain the open internet and to avoid fragmentation of the single market resulting from individual Member States' measures. An open internet operating exclusively on the best-effort principle should not be impaired or restricted by the development of other products and services.
Amendment 49 #
2013/0306(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) This Regulation is without prejudice to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
Amendment 50 #
2013/0306(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) In addition, there is demand on the part of content, applications and services providers, for the provision of transmission services based on flexible quality parameters, including lower levels of priority for traffic which is not time- sensitive. The possibility for . For the provision of specialised services in closed networks, it is necessary that content, applications and service providers have the opportunity to negotiate such flexiblea specific quality of service levels with providers of electronic communications to the public is necessary for the provision of specialised services andfor a limited group of users. This is expected to play an important role in the development of new services such as machine-to-machine (M2M) communications. At the same time such arrangements should allow providers of electronic communications to the public to better balance traffic and prevent network congestion. Providers of content, applications and services and providers of electronic communications to the public should therefore be free to concludeSpecial services must neither impair open internet access service quality nor be marketed or used as an internet substitute. They are admissible only if there is a manifest technical and de facto need, over and above economic self-interest, to be able to supply real-time critical applications of a particular quality. If specialised services agreements on defined levels of quality of ser offered or marketed by access network providers, they are also under the obligation to provicde as long as such agreements do not substantially impair the general quality of internet access servicesn open internet access service as referred to in recital (45). All open internet services are subject to the best- effort principle.
Amendment 56 #
2013/0306(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 14
Article 2 – paragraph 2 – point 14
(14) ‘'internet access service’' means a publicly available electronic communications service that provides connectivity to the internet, and thereby connectivity between virtually all end points connected to the internet, irrespective of the network technology used; the Member States shall impose reasonable minimum requirements in respect of internet access service quality, which must be constantly adapted to technological progress; an internet access service enables end-users to use any internet-based application in accordance with the best effort principle; the only permissible derogation from this principle is proportional and justified traffic management where the conditions for its use are clearly defined;
Amendment 57 #
2013/0306(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point 15
Article 2 – paragraph 2 – point 15
(15) ‘'specialised service’' means an electronic communications service or any other service that provides the capability to access specific content, applications or services, or a combination thereof, and whose technical characteristics are controlled from end-to-endd and operated only within a closed, electronic communications networks and not marketed or used as an internet substitute or functionally identical to open internet content, applications or proservidces the capability to send or receive data to or from a determined number of parties or endpoints; and that is not marketed or widely used as a substitute for internet access service;. A special service shall only be only admissible if there is a manifest technical and de facto need, over and above economic self- interest, for particular real-time critical applications or applications requiring special safeguards which meet particular quality criteria.
Amendment 63 #
2013/0306(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
Amendment 65 #
2013/0306(COD)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
Article 23 – paragraph 2 – subparagraph 2
Amendment 19 #
2013/0089(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 21 #
2013/0089(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 24 #
2013/0089(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a Freedom of expression Nothing in this Directive shall limit the right of all persons, including legal persons, to publicly express themselves, through any means or media they choose, provided that they do not violate the rights afforded by Article 10. This includes, but is not limited to, expressions for the purposes of political or social commentary, teaching, scientific research, journalism, artistic expression, personal communication, criticism or review, comparisons of products or services, caricature, parody or pastiche.
Amendment 44 #
2013/0089(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a trade mark only if and to the extent that the main function of the trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected. When determining whether a trade mark is adversely affected, it is necessary to interpret this provision in the light of Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights in order to guarantee the fundamental right of freedom of expression.
Amendment 48 #
2013/0089(COD)
Proposal for a directive
Recital 22
Recital 22
(22) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a registered European trade mark shouldall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member StateUnion without being released for free circulation there, where such goods, including packaging, come from a third countriesy and bear without authorization a trade mark which is essentially identical to the European trade mark validly registered in respect of such goods and which cannot be distinguished in its essential aspects from that trade mark. In order not to hamper the production, circulation and distribution of legitimate goods, this rule should only apply if the proprietor of the trade mark is able to demonstrate clear and documented evidence of a substantial risk of fraudulent diversion of the allegedly counterfeit goods into a Member State. The European Commission shall develop and implement guidelines for national customs authorities with clear indicators on how to establish such substantial risk of fraudulent diversion. The list of clear indicators shall reflect the importance of unrestricted trade in, inter alia, generic medicines, and shall be in line with prevailing CJEU case law.
Amendment 50 #
2013/0089(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Recognising that the main public health concern lies with the quality of the medicines and not with trade mark or other intellectual property enforcement and should be addressed by other measures, including regulation aimed at improving quality standards.
Amendment 51 #
2013/0089(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 78 #
2013/0089(COD)
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 81 #
2013/0089(COD)
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The proprietor of a registered European trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member State where the trade mark is registeredUnion without being released for free circulation there, where such goods, including packaging, come from a third countriesy and bear without authorization a trade mark which is essentially identical to the European trade mark validly registered in respect of such goods, or and which cannot be distinguished in its essential aspects from that trade mark. In order not to hamper the production, circulation and distribution of legitimate goods, this rule should only apply if the proprietor of the trade mark is able to demonstrate clear and documented evidence of a substantial risk of fraudulent diversion of the allegedly counterfeit goods into a Member State. The European Commission shall develop and implement guidelines for national customs authorities with clear indicators on how to establish such substantial risk of fraudulent diversion. The list of clear indicators shall reflect the importance of unrestricted trade in, inter alia, generic medicines, and shall be in line with prevailing CJEU case law.
Amendment 88 #
2013/0089(COD)
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Limitation of the rights conferred by a trade mark Nothing in this directive shall limit the right of all persons, including legal persons, to publicly express themselves, through any means or media they choose, provided that they do not violate the rights afforded by Article 10. This includes, but is not limited to, expressions for the purposes of political or social commentary, teaching, scientific research, journalism, artistic expression, personal communication, criticism or review, comparisons of products or services, caricature, parody or pastiche.
Amendment 91 #
2013/0089(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18 a Indemnification of the Importer and the Owner of the Goods Appropriate agencies shall have the authority to order a proprietor of a trade mark to pay the importer, the consignee and owner of the goods appropriate compensation for any injury caused to them through a wrongful detention of goods due to import restriction rights granted in Article 10.
Amendment 24 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) 207/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 26 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) 207/2009
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 30 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) 207/2009
Article 12 a (new)
Article 12 a (new)
Nothing in this regulation shall limit the right of all persons, including legal persons, to publicly express themselves, through any means or media they choose, provided that they do not violate the rights afforded by Article 9. This includes, but is not limited to, expressions for the purposes of political or social commentary, teaching, scientific research, journalism, artistic expression, personal communication, criticism or review, comparisons of products or services, caricature, parody or pastiche.
Amendment 76 #
2013/0088(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a European trade mark only if and to the extent that the main function of the European trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected. When determining whether a trade mark is adversely affected, it is necessary to interpret this provision in the light of Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights in order to guarantee the fundamental right of freedom of expression.
Amendment 81 #
2013/0088(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a registered European trade mark shouldall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there, where such goods, including packaging, come from a third countriesy and bear without authorization a trade mark which is essentially identical to the European trade mark validly registered in respect of such goods. and which cannot be distinguished in its essential aspects from that trade mark. In order not to hamper the production, circulation and distribution of legitimate goods, this rule should only apply if the proprietor of the trade mark is able to demonstrate clear and documented evidence of a substantial risk of fraudulent diversion of the allegedly counterfeit goods into a Member State. The European Commission shall develop and implement guidelines for national customs authorities with clear indicators on how to establish such substantial risk of fraudulent diversion. The list of clear indicators shall reflect the importance of unrestricted trade in, inter alia, generic medicines, and shall be in line with prevailing CJEU case law.
Amendment 83 #
2013/0088(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Recognising that the main public health concern lies with the quality of the medicines and not with trade mark or other intellectual property enforcement and should be addressed by other measures, including regulation aimed at improving quality standards.
Amendment 84 #
2013/0088(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 113 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 117 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The proprietor of a registered European trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there, where such goods, including packaging, come from a third countriesy and bear without authorization a trade mark which is essentially identical to the European trade mark validly registered in respect of such goods, or and which cannot be distinguished in its essential aspects from that trade mark. In order not to hamper the production, circulation and distribution of legitimate goods, this rule shall only apply if the proprietor of the trade mark is able to demonstrate clear and documented evidence of a substantial risk of fraudulent diversion of the allegedly counterfeit goods into a Member State. The European Commission shall develop and implement guidelines for national customs authorities with clear indicators on how to establish such substantial risk of fraudulent diversion. The list of clear indicators shall reflect the importance of unrestricted trade in, inter alia, generic medicines, and shall be in line with prevailing CJEU case law.
Amendment 122 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 207/2009
Article 12 a (new)
Article 12 a (new)
Amendment 126 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 207/2009
Article 23 a (new)
Article 23 a (new)
(23a) The following Article 23a is inserted: 'Article 23a Indemnification of the Importer and the Owner of the Goods Appropriate agencies shall have the authority to order a proprietor of a trade mark to pay the importer, the consignee and owner of the goods appropriate compensation for any injury caused to them through a wrongful detention of goods due to import restriction rights granted in Article 9.'
Amendment 178 #
2013/0088(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 108 a (new)
Article 1 – paragraph 1 – point 108 a (new)
Regulation (EC) No 207/2009
Article 139 – paragraph 2
Article 139 – paragraph 2
(108a) In Article 139, paragraph 2 is replaced by the following: 'The revenue and expenditure shown in the budget shall not show a deficit. Any surplus shall be integrated into the general budget of the European Union.'
Amendment 110 #
2013/0027(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Since the more common causes of system failure, such as natural causes or human error, continue to be unintentional, infrastructure should be resilient both to intentional and unintentional disruptions, and operators of critical infrastructure should design resilience based systems that remain operational even when other systems beyond their control fail.
Amendment 117 #
2013/0027(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Where possible, Member States may use or adapt existing organisational structures when applying the provisions of this Directive. An inventory and assessment should be made of existing plans and processes by Member States when elaborating the national NIS strategies.
Amendment 118 #
2013/0027(COD)
Proposal for a directive
Recital 14
Recital 14
(14) A secure information-sharing infrastructure should be put in place to allow for the exchange of sensitive and confidential information within the cooperation network. The Secure Trans European Services for Telematics between Administrations (STESTA) could be used for this purpose. Without prejudice to their obligation to notify incidents and risks of Union dimension to the cooperation network, access to confidential information from other Member States should only be granted to Members States upon demonstration that their technical, financial and human resources and processes, as well as their communication infrastructure, guarantee their effective, efficient and secure participation in the network.
Amendment 120 #
2013/0027(COD)
Proposal for a directive
Recital 16
Recital 16
(16) To ensure transparency and properly inform EU citizens and market operators, the competent authorities should set up a common website to publish non confidential information on the incidents and risks. Any personal data published on this website should be limited to only what is necessary and as anonymous as possible.
Amendment 124 #
2013/0027(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Given the global nature of NIS problems, there is a need for closer international cooperation to improve security standards and information exchange, and promote a common global approach to NIS issues. Any framework for such international cooperation should be subject to the provisions of Directive 95/46/EC and Regulation (EC) No 45/2001.
Amendment 130 #
2013/0027(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) This Directive is without prejudice to the Union acquis relating to data protection. Any personal data used according to the provisions of this Directive should be limited to what is strictly necessary and only transmitted to the actors strictly necessary, and be as anonymous as possible, if not completely anonymous.
Amendment 131 #
2013/0027(COD)
Proposal for a directive
Recital 30 b (new)
Recital 30 b (new)
(30b) Adopting at EU level general data protection legislation should precede the adoption of cybersecurity legislation at EU level. Therefore, this Directive should be adopted only after the General Data Protection Regulation has been adopted.
Amendment 132 #
2013/0027(COD)
Proposal for a directive
Recital 31
Recital 31
(31) Personal data are in many cases compromised as a result of incidents. In this context, competent authorities and data protection authorities should cooperate and exchange information on all relevant matters, where appropriate with market operators, in order to tackle the personal data breaches resulting from incidents in line with applicable data protection rules. Member states shall implement the obligation to notify security incidents in a way that minimises the administrative burden in case the security incident is also a personal data breach in line with the Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Liaising with the competent authorities and the data protection authorities, ENISA could assist by developing information exchange mechanisms and templates avoiding the need for two notification templates. This single notification template would facilitate the reporting of incidents compromising personal data thereby easing the administrative burden on businesses and public administrations.
Amendment 142 #
2013/0027(COD)
Proposal for a directive
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Directive shall also be without prejudice to Directive 95/46/CE of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, ,and to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and to the Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. by the Community institutions and bodies and on the free movement of such data. Any use of the personal data should be limited to what is strictly necessary for the purposes of this Directive, and this data should be as anonymous as possible, if not completely anonymous.
Amendment 145 #
2013/0027(COD)
Proposal for a directive
Article 3 – point 2 a (new)
Article 3 – point 2 a (new)
(2a) "cyber resilience" means the ability of a network and information system to resist and recover to full operational capacity after incidents, including but not limited to, technical malfunction, power failure or security incidents;
Amendment 149 #
2013/0027(COD)
Proposal for a directive
Article 3 – point 8 – point b
Article 3 – point 8 – point b
(b) operator of critical infrastructure that are essential for the maintenance of vital economic and societal activities in the fields of energy, transport, banking, stock exchanges and healthstability and resilience, public health, public safety or any combination thereof, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions, a non -exhaustive list of which is set out in Annex II.
Amendment 157 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) A risk assessment plan to identify risks and assess the impacts of potential incidents; the plan should be reviewed and updated annually;
Amendment 161 #
2013/0027(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The national NIS strategy and the national NIS cooperation plan shall be communicated to the Commission within onthree months from their adoption.
Amendment 176 #
2013/0027(COD)
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall establish, by means of implementing acts, the necessary modalities to facilitate the cooperation between competent authorities and the Commission referred to in paragraphs 2 and 3. Those implementing acts shall be adopted in accordance with the consultexamination procedure referred to in Article 19(2).
Amendment 177 #
2013/0027(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Personal data shall be only disclosed to recipients who need to process these data for the performance of their tasks in accordance with an appropriate legal basis. The disclosed data shall be limited to what is necessary for the performance of their tasks. Compliance with the purpose limitation principle shall be ensured. The time limit for the retention of these data shall be specified for the purposes set out in this Directive.
Amendment 178 #
2013/0027(COD)
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. the criteria for the participation of Member States in the secure information sharing system to ensure that a high level of security and resilience is guaranteed by all participants at all steps of the processing, including by appropriate confidentiality and security measures in accordance with Articles 16 and 17 of Directive 95/46/EC and Articles 21 and 22 of Regulation (EC) No 45/2001.
Amendment 180 #
2013/0027(COD)
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 concerning the definition of the criteria to be fulfilled for a Member State to be authorized to participate toin the secure information-sharing system, regarding:
Amendment 192 #
2013/0027(COD)
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Sufficient redundancy shall be built into a coordinated response plan
Amendment 194 #
2013/0027(COD)
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. The Union NIS cooperation plan shall be designed to be coherent with national NIS strategies and cooperation plans as provided by Article 5 of this Directive, including where appropriate, the inventory referred to in Recital 13a.
Amendment 199 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that public administrations and market operators take appropriate technical and organisational measures to manage the risks posed to the security of the networks and information systems which they control and use in their operations. Having regard to the state of the art, tThese measures shall guaranteensure a level of security appropriate to the risk presented. In particular, effective and proportionate measures shall be taken to prevent and minimise the impact of incidents affecting their network and information system on the core services they provide and thus ensure the continuity of the core services underpinned by those networks and information systems. Where necessary, public administrations and market operators must also take, at their own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service.
Amendment 203 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Software producers shall be responsible for correcting security breaches, within 24 hours of being informed for serious cases, and 72 hours for cases were the effects are unlikely to result in any significant financial loss or serious breach of privacy.
Amendment 205 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 2 b (new)
Article 14 – paragraph 2 b (new)
2b. Commercial software producers shall not be protected from "no-liability" clauses when it can be demonstrated that their products are not properly designed to handle foreseeable security threats.
Amendment 206 #
2013/0027(COD)
Proposal for a directive
Article 14 – paragraph 2 c (new)
Article 14 – paragraph 2 c (new)
2c. The supervisory body concerned shall also inform the public or require the trust service provider to do so. Notification and publication shall normally occur without undue delay; however the trust service provider may request a delay in notification and publication so that vulnerabilities can be fixed. If the supervisory body grants such a delay, it shall not exceed 45 days and the responsible entity shall agree to indemnify all relying parties, wherever in the world they are located, against losses directly arising from the delay in notification.
Amendment 224 #
2013/0027(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. To ensure convergent implementation of Article 14(1), Member States shall encourage the use of open standards and/or specifications relevant to networks and information security.
Amendment 4 #
2012/2132(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Is mindful of the fact that the Audiovisual Media Services Directive is based on the principle of technological neutrality and thus covers all services with audiovisual content irrespective of the technology used to deliver it; calls on the Commission to step up the promotion of patent-unencumbered formats for audiovisual services, in particular with the view of the transition to next generation web-standards, thereby guaranteeing a level playing field for all audiovisual media service providers;
Amendment 24 #
2012/2040(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. BelievesNotes that technologies for electronic payments are developing rapidly at the moment, does not believe that domestic and cross-boarder multilateral interchange fees in the Single Euro Payments Area (SEPA) should be harmonised and progressively banned by a fixed deadline and that, in parallel, surcharges, rebates and other steering practices should be progressively banned as well, paving the way for a more transparent European single market of paymentsregulated in detail at this time;
Amendment 31 #
2012/2040(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 34 #
2012/2040(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers it likely that there will be a growing number of European companies whose activities are effectively dependent on being able to accept payments by card; considers it to be in the public interest to define objective rules describing the circumstances and procedures under which card payment schemes may unilaterally refuse acceptance;
Amendment 35 #
2012/2040(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Highlights that non-banks should not have access to information on the balance of funds of a customers' bank account, apart from a simple confirmation at the point when the transaction takes place that there are sufficient funds to complete a transaction;
Amendment 36 #
2012/2040(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Asks the Commission to assess the possibility of liberalising the payment card market and promoting new entrants into this market, by for example having a common payment infrastructure for all transactions regardless of the card provider.
Amendment 20 #
2012/2038(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the initiatives taken by third countries to introduce the resale right and calls on the Commission, within the framework of foreign policy, to continue its efforts to make Article 14ter of the Berne Convention mandatory to continue its efforts in multilateral fora to strengthen the European art market's position in the world;
Amendment 2 #
2012/2030(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is of the opinion that a full harmonisation of exceptions and limitations to copyright is a prerequisite for the completion of the digital single market;
Amendment 11 #
2012/2030(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers clear and understandable information for internet users about which personal data is to be gathered, for what purpose and for how long to be essential in strengthening users‘ rights and bolstering their confidence in the internet; emphasises that legal certainty and clarity and a very high level of data protection must be assured when revising the acquis of data protection; welcomes the announcement of a general European strategy on the issue of cloud computing for 2012 and, in particular, expects questions ofn jurisdiction, data protection and areas of responsibility to be clarified in this regard;
Amendment 12 #
2012/2030(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Requests clarification that internet service providers are obliged to adhere to EU data protection law and EU competition law and to comply with intellectual property rights protectionthe e- Commerce directive1 and the "Telecoms Package"2 when gathering data within the EU, irrespective of where these data are stored and/or processed; __________________ 1 Directive 2000/31/EC of the European Parliament and of the Council of June 8 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market (OJ L 178, 17.7.2000, p.1). 2 Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 (OJ L 337, 18.12.2009, p.11) and Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009 (OJ L 337, 18.12.2009, p.37).
Amendment 17 #
2012/2030(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Strongly supports an active campaign to prevent product counterfeiting and product piracy on the Internet;
Amendment 31 #
2012/2030(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the e-commerce directive is the cornerstone of the Digital Single Market and that a revision of this directive is not required; welcomes, however, the Commission's initiative for improving its implementation and providing clarification, e.g. with regard to the notice and action procedures;
Amendment 56 #
2012/2030(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to examine the possibilities of simplifying and standardising the VAT rules for cross-border online transactions and of greater EU-wide harmonisation as regards rates and regimes, and to cut red tape with a view to ensuring a simpler, easier, and more efficient system; stresses that digital products such as, inter alia, e- books should be subject to the same VAT rate as the equivalent product in physical format;
Amendment 73 #
2012/2030(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes, therefore, the Commission's proposed new data protection regulation, highlights the need to give citizens better control over the processing of their personal data, and stresses the need to approve and implement a new regulation on the subject in a form that, while protecting privacy and safeguarding fundamental rights, allows sufficient flexibility to companies to enable them to develop their business without taking on huge costs, while also offering them simplification and reduction of administrative burdens;
Amendment 78 #
2012/2030(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to modernise the legal framework governing intellectual property rights by proposing and rapidly implementing the European Strategy for Intellectual Property Rights, and looks forward to its proposals on the matter; asks the Commission to draw up a proposal, with the European Parliament being a party to the negotiations, for the establishment of the new jurisdictional system for patent disputes, the Unitary Patent Court Agreement;
Amendment 98 #
2012/2030(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Recalls its resolution of 2 February 2012 "Towards a coherent European Approach to Collective Redress"1; calls on the Commission to propose legislation on a balanced EU wide coherent and coordinated approach to collective redress; ______________ 1 P7_TA-PROV(2012)0021
Amendment 103 #
2012/2030(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls on the Commission to propose legislation to ensure net neutrality;
Amendment 114 #
2012/0366(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 178 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco productsfor smoking with a characterising flavour.
Amendment 182 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco productsfor smoking, as long as the additives do not result in a product with a characterising flavour.
Amendment 199 #
2012/0366(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use provides a legal framework to assess the quality, safety and efficacy of medicinal products including nicotine containing products which claim to have properties beneficial to human health. A significant number of nicotine-containing products werpresenting such claims have already been authorised under this regulatory regime. The authorisation Member Staktes into account the nicotine content of the product in question. Subjecting allare obliged to ensure nicotine- containing products, whose nicotine content equals or exceeds the content of a nicotine containing product previously authorised under Directive 2001/83/EC, to the same legal framework clarifies the legal situation, levels out differences between national legislations, ensures equal treatment of all nicotine containing products usable for smoking cessation purposes and creates incentives for research and innovation in smoking cessation. This should be without prejudice to the application of Directive 2001/83/EC to other products covered by this Directive if the conditions set by Directive 2001/83/EC are fulfilledich do not fall under Directive 2001/83/EC and which are placed on the common market comply with the appropriate legislation listed in [new] Annex IV.
Amendment 207 #
2012/0366(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Labelling provisions should be introduced for nicotine containing products below the threshold set out in this Directivefalling outside of the scope of Directive 2001/83/EC drawing the attention of consumers to potential health risks, and Member States should be obliged to ensure that national age restrictions for buying nicotine containing products are kept in line with those for the sale of tobacco products.
Amendment 250 #
2012/0366(COD)
Proposal for a directive
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Amendment 289 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
This tobacco product can damage your health and is addictive, but presents substantially lower risks to your health than smoking
Amendment 370 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shallmay prohibit the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden.
Amendment 371 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Member States shall set maximum limits for toxic or carcinogenic substances present in smokeless tobacco products placed on the market. The substances and required limits are as detailed in Annex IIa.
Amendment 372 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
Amendment 421 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The following nNicotine-containing products that are presented as having properties for treating or preventing disease in human beings, other than through any message specified in paragraph 3, may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:.
Amendment 424 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. This Directive shall not apply to nicotine containing products authorised pursuant to Directive 2001/83/EC.
Amendment 425 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
1b. For nicotine-containing products where paragraph 1 does not apply, the products may be placed on the market if they comply with this Directive
Amendment 426 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 c (new)
Article 18 – paragraph 1 c (new)
1c. Member States shall ensure that nicotine containing products comply with Union consumer protection, safety and other relevant legislation in force.
Amendment 427 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 d (new)
Article 18 – paragraph 1 d (new)
1d. No later than 12 months from entry into force of this Directive, each Member State shall provide the Commission with a report on the measures it has taken to implement and enforce the legislation set out in Annex IIb as it applies to nicotine containing products and the effectiveness of those measures.
Amendment 431 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 433 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 435 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 439 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Commission shall, be empowered to adopt delegated acts in accordance with Article 22 to update the nicotine quantities set out in paragraph 1 taking into account scientific developments and marketing authorisations grantey 1 April 2017, carry out a study on nicotine-containing products in consultation with relevant stakeholders and the Member States. This study will consider whether there is a need for specific legislation with regard to nicotine- containing products pursuant to Directive 2001/83/EC.
Amendment 461 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall prohibit the placing on the market of tobacco products for smoking with a characterising flavour.
Amendment 476 #
2012/0366(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products for smoking, as long as the additives do not result in a product with a characterising flavour.
Amendment 476 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) nicotine containing products below the threshold set out in Article 18(1);
Amendment 480 #
2012/0366(COD)
Proposal for a directive
Annex 2 a (new)
Annex 2 a (new)
ANNEX IIa Maximum permissible content in smokeless tobacco, toxin per unit weight dry tobacco: NNN (N-nitrosonornicotine) plus NNK (4-(methylnitrosamino)-1-(3-pyridyl)-1- butanone): 2.0 mg/kg B(a)P (Benzo[a]Pyrene): 5.0 µg/kg
Amendment 481 #
2012/0366(COD)
Proposal for a directive
Annex 2 b (new)
Annex 2 b (new)
ANNEX IIb EU legislation applicable to nicotine- containing products: General safety: General Product Safety Directive 2001/95/EC, in particular with regard to the RAPEX system - notification and alerts of dangerous products Packaging and labelling: Dangerous Substances Directive 67/548/EEC Dangerous Preparations Directive 99/45/EC Classification, Labelling and Packaging of Substances and Mixtures - the CLP Regulation 1272/2008 applies from 2015. Chemical safety: Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation (EC) 1907/2006 Electrical safety: Low Voltage Directive 2006/95/EC Electro-Magnetic Compatibility Directive 2004/108/EC Restriction of Hazardous Substances (RoHS) Directive 2011/65/EU (where appropriate) Waste Electrical and Electronic Equipment (WEEE) Directive 2012/19/EU Batteries Directive 2006/66/EC Weights and measures: Making-up by weight or by volume of certain pre-packaged products - Directive 76/211/EEC Nominal Quantities for Prepacked Products Directive 2007/45/EC Commercial practice: Distance Selling Directive 97/7/EC Directive on Electronic Commerce 2000/31/EC Misleading and Comparative Advertising Directive 2006/114/EC Unfair Commercial Practices Directive 2005/29/EC
Amendment 799 #
2012/0366(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
This tobacco product can damage your health and is addictive, but presents substantially lower risks to your health than smoking
Amendment 1020 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shallmay prohibit the placing on the market of tobacco for oral use, without prejudice to Article 151 of the Act of Accession of Austria, Finland and Sweden.
Amendment 1024 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Maximum limits shall be set for toxic and carcinogenic substances present in smokeless tobacco products placed on the market. The substances and required limits are as detailed in [new] Annex III.
Amendment 1027 #
2012/0366(COD)
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the substances and limit values laid down in paragraph 1a and Annex III, taking into account scientific developments and internationally agreed standards, taking account of the principles of proportionality, non-discrimination and the objective of developing the internal market with a high level of health protection.
Amendment 1150 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. The following nNicotine-containing products that are presented as having properties for treating or preventing disease in human beings, other than through any message specified in paragraph 3, may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:
Amendment 1162 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. This Directive shall not apply to nicotine containing products authorised pursuant to Directive 2001/83/EC.
Amendment 1167 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
Amendment 1168 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 c (new)
Article 18 – paragraph 1 c (new)
1c. Member States shall ensure that nicotine containing products comply with European Union consumer protection, safety and other relevant legislation in force.
Amendment 1169 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 d (new)
Article 18 – paragraph 1 d (new)
1d. No later than 12 months from entry into force of this Directive, each Member State shall provide the Commission with a report on the measures it has taken to implement and enforce the legislation set out in [new] Annex IV as it applies to nicotine containing products and the effectiveness of those measures.
Amendment 1170 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 e (new)
Article 18 – paragraph 1 e (new)
1e. Member States shall ensure that nicotine-containing products are not sold to persons below the national legal age for purchasing tobacco products.
Amendment 1171 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 1182 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 1196 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
Amendment 1218 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Commission shall, be empowered to adopt delegated acts in accordance with Article 22 to update the nicotine quantities set out in paragraph 1 taking into account scientific developments and marketing authorisations grantey 1 April 2017, carry out a study on nicotine-containing products in consultation with relevant stakeholders and the Member States. This study will consider whether there is a need for specific legislation in regard to nicotine- containing products pursuant to Directive 2001/83/EC.
Amendment 1229 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
Each unit packet and any outside packaging of nicotine-containing products below the thresholds set out in paragraph 1which do not fall under the scope of Directive 2001/83/EC shall carry the following health warning:
Amendment 1233 #
2012/0366(COD)
Proposal for a directive
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
This product contains nicotine which is addictive and canmay damage your health.
Amendment 1333 #
2012/0366(COD)
Proposal for a directive
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) nicotine containing products below the threshold set out in Article 18(1);
Amendment 1359 #
2012/0366(COD)
Proposal for a directive
Annex 2 a (new)
Annex 2 a (new)
ANNEX III Maximum permissible content in smokeless tobacco, toxin per unit weight dry tobacco: NNN (N-nitrosonornicotine) plus NNK (4-(methylnitrosamino)-1-(3-pyridyl)-1- butanone): 2.0 mg/kg B(a)P (Benzo[a]Pyrene): 5.0 µg/kg
Amendment 1360 #
2012/0366(COD)
Proposal for a directive
Annex 2 b (new)
Annex 2 b (new)
Amendment 76 #
2012/0180(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Where the amounts due to rightholders cannot be distributed, because the collective management organisation failed to identify and locate the rightholders, it would provide a disincentive for the collective management organisations to be diligent in their effort to locate the proper rightholders, if they were allowed to keep the money and use it for other purposes if they fail. Since it is Member States that have primary responsibility for cultural policy, it is appropriate that the money that cannot be distributed shall be paid to a fund set up and managed for this purpose by the Member State in which the money was collected. The fund is thereafter responsible for any claims from reappearing rightholders. In addition to that, each Member State will decide how to use the money in the fund for related purposes, such as paying reappearing rightholders according to Directive 2012/28/EU on Certain Permitted Uses of Orphan Works, digitising and restoring our cultural heritage, and promoting cultural diversity.
Amendment 94 #
2012/0180(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societies establishedve management organisations active in at least one Member State in the Union.
Amendment 98 #
2012/0180(COD)
Proposal for a directive
Article 3 – point a
Article 3 – point a
(a) ‘'collecting society’ve management organisation' means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than one rightholder, to manage copyright or rights related to copyright on behalf of more than one rightholder, for the collective benefit of those rightholders as its sole or one of its main purposes, and which is: (i) owned or controlled by its members, or (ii) organised as a not for profit organisation, or (iii) owned or controlled by one or more collective management organisations;
Amendment 104 #
2012/0180(COD)
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘'rights revenue’' means income collected by a collecting societyve management organisation on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation, and including any income derived from the investments of rights revenue;
Amendment 113 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, categories of rights, works or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting societyve management organisation or the rightholder.
Amendment 119 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant free licences for the non- commercial use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free licence has been granted.
Amendment 123 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights, works or types of works and other subject matter granted to a collecting societyve management organisation or to withdraw from a collecting societyve management organisation any of the rights or categories of rights, works or types of works and other subject matter of their choice, at any time during the term of the authorisation, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societyve management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 126 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societieve management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights, works or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting societyve management organisation.
Amendment 127 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights, works or type of works and other subject matter which that rightholder authorises the collecting societyve management organisation to manage and that any such consent is evidenced in documentary form.
Amendment 129 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Each member of a collective management organisation shall have the right to request external independent audits of their collective management organisation at any time during the term of the authorisation.
Amendment 136 #
2012/0180(COD)
Proposal for a directive
Recital 3
Recital 3
(3) When established in the Union, collecting societieve management organisations – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States. This implies that collecting societieey are in particular not covered by the derogation provided in Article 17(11) in respect of copyright which relates to the rights as such (existence of the right, scope and exceptions, duration, etc) and does not concern services linked to the management of such rights, such as those provided by collective management organisations. This implies that collective management organisations should be free to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States.
Amendment 141 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
Amendment 145 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The general meeting shall control the activities of the collecting societyve management organisation by, at least, deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor's report. If the financial management practice of the collective management organisation is reasonably in doubt, the general meeting may decide to conduct an external audit. The result of such external audit shall be communicated to all members and to the public.
Amendment 149 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Every member of a collective management organisation shall have the right to vote at the general meeting, including, where appropriate, by electronic vote. Any restriction on the right of the members of the collecting societyve management organisation to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria:
Amendment 150 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 152 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name. To be valid, the proxy shall have been given freely by the member to the proxy holder no more than three months before its use.
Amendment 155 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting societyat organisation. There shall be fair and balanced representation of the members of the collecting societydifferent categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 156 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The body entrusted with the supervisory function shall meet regularlyno less than every three months and shall have at least the following powers:
Amendment 161 #
2012/0180(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Those procedures shall include an annual individual statement by each of those persons and directors, to the body entrusted with the supervisory function, to the members, and publicly accessible through the website of the collective management organisation. The statement shall be made before each of those persons take up their duties, and shall thereafter be renewed annually. The statement shall containing the following information:
Amendment 163 #
2012/0180(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Collecting societies shall be diligent in the collection and the management of rights revenueve management organisations shall be diligent, accurate and transparent in the collection and the management of rights revenue. Except in Member States with systems of extended collective licensing, a collective management organization shall ensure that it only collects rights revenue on behalf of rightholders whose rights it is authorised to represent.
Amendment 165 #
2012/0180(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societieve management organisations. To this end, collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisory function.
Amendment 172 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisations regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societyve management organisation shall carry out such distribution and payments no later than 12 months from the end of the financial year in whichwithout undue delay and no later than three months after the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting societyve management organisation from respecting this deadline. The collecting societyve management organisation shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 175 #
2012/0180(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Where the amounts due to rightholders cannot be distributed because the collective management organisation failed to identify and locate the rightholders, it would provide a disincentive for the collective management organisation to be diligent in its effort to locate the relevant rightholders, if it was allowed to keep the money and use it for other purposes. Since Member States have primary responsibility for cultural policy, it is appropriate that the money that cannot be distributed are paid to a fund set up and managed for this purpose by the Member State in which the money was collected. The fund should thereafter be responsible for any claims from reappearing rightholders. In addition to that, each Member State will decide how to use the money in the fund for related purposes, such as paying reappearing rightholders in accordance with Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works1, digitising and restoring our cultural heritage, and promoting cultural diversity. ______________ 1 OJ L 299, 27.10.2012, p.5
Amendment 176 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Collective management organisation shall start distributing rights holder revenue when the amount collected reasonably covers collection costs. The minimum level required before distribution takes place may not unreasonably exceed the lowest minimum amount utilized by comparable collective management organisations.
Amendment 178 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting societybecause the collective management organisation failed to identify and locate the rightholders, the money shall be paid to a fund set up and managed for this purpose by the Member State in which the money was collected. The fund is thereafter responsible for any claims from reappearing rightholders.
Amendment 199 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes the following information available ato the request of any rightholder whose rights it represents, any collecting society on whose behalf it manages rights under a representation agrepublic on the collective management or gany user, by electronic means, without undue delayisation's website:
Amendment 202 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting society shall make available at the request of any rightholder or any collecting society, any information on works for which one or more rightholders have not been identifiedve management organisation shall make publicly available any information on works for which one or more rightholders have not been identified in accordance with the provisions laid down in Directive 2012/28/EU on Certain Permitted Uses of Orphan Works, including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 205 #
2012/0180(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societieve management organisations. It also lays down requirements for multi-territorial licensing by collecting societieve management organisations of authors' rights in musical works for online use.
Amendment 213 #
2012/0180(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that collecting societies establishedactive in their territory comply with the requirements in this Title when granting multi-territorial licences for online rights in musical works.
Amendment 215 #
2012/0180(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The collecting society may take reasonable measures to protect the accuracy and integrity of the data, to control its re-use and to protect personal data and, when necessary, commercially sensitive information.
Amendment 217 #
2012/0180(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A collecting society which grants multi- territorial licences for online rights in musical works shall have procedures in place to enable rightholders and, other collecting societies, and users to object to the contents of the data referred to in Article 22(2) or to information provided under Article 23, where such rightholders and, collecting societies, and users, on the basis of reasonable evidence, believe that the data or the information are inaccurate in respect of their online rights in musical works. Where the claims are sufficiently substantiated, the collecting society shall ensure that the data or the information are corrected without undue delay.
Amendment 226 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘'collecting society’ve management organisation' means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than one rightholder, to manage copyright or rights related to copyright on behalf of more than one rightholder, for the collective benefit of those rightholders as its sole or one of its main purposes, and which is: (i) owned or controlled by its members;, or (ii) organised as a not for profit organisation, or (iii) owned or controlled by one or more collective management organisations; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 241 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body.
Amendment 242 #
2012/0180(COD)
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 39 continuously monitor the compliance with the requirements laid down in Title III of this Directive by collecting societies establishedactive in their territory when granting multi-territorial licences for online rights in musical works.
Amendment 242 #
2012/0180(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘'rights revenue’' means income collected by a collecting societyve management organisation on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation, including any income derived from the investments of rights revenue;
Amendment 252 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, categories of rights, works or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting societyve management organisation or the rightholder.
Amendment 260 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. Rightholders shall have the right to grant free licences for the non- commercial use of their works and rights. In this case rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free licence has been granted.
Amendment 263 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights, works or types of works and other subject matter granted to a collecting societyve management organisation or to withdraw from a collecting societyve management organisation any of the rights or categories of rights, works or types of works and other subject matter of their choice, at any time during the term of the authorisation, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societyve management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 268 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societieve management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights, works or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting societyve management organisation.
Amendment 270 #
2012/0180(COD)
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights, works or type of works and other subject matter which that rightholder authorises the collecting societyve management organisation to manage and that any such consent is evidenced in documentary form.
Amendment 274 #
2012/0180(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societieve management organisations shall accept rightholders, or any other members as defined in Article 3(c), as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective and non-discriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting societyve management organisation and shall be made publicly available.
Amendment 296 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
Amendment 315 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The general meeting shall control the activities of the collecting societyve management organisation by, at least, deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor's report. If the financial management practice of the collective management organisation is reasonably in doubt, the general meeting may decide to conduct an external audit, at the request of any member of a collective management organisation. The result of such external audit shall be communicated to all members and to the public.
Amendment 319 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Every member of a collective management organisation shall have the right to vote at the general meeting, including, where appropriate, by electronic vote. Any restriction on the right of the members of the collecting societyve management organisation to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria:
Amendment 322 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 327 #
2012/0180(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name. To be valid, the proxy shall have been given freely by the member to the proxy holder no more than three months before its use.
Amendment 333 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting societyat organisation. There shall be fair and balanced representation of the members of the collecting societydifferent categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 336 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The body entrusted with the supervisory function shall meet regularlyno less than every three months and shall have at least the following powers:
Amendment 347 #
2012/0180(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 356 #
2012/0180(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Those procedures shall include an annual individual statement by each of those persons and directors, to the body entrusted with the supervisory function, containing and to the members, and publicly accessible through the website of the collective management organisation. The statement shall be made before each of those persons take up their duties, and shall thereafter be renewed annually. The statement shall contain the following information:
Amendment 358 #
2012/0180(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Collecting societies shall be diligent in the collection and the management of rights revenueve management organisations shall be diligent, accurate and transparent in the collection and the management of rights revenue. Except in Member States with systems of extended collective licensing, a collective management organisation may not collect rights revenue or bring or seek infringement proceedings in respect of works, rights or territories which it is not authorised to represent.
Amendment 377 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisations regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societyve management organisation shall carry out such distribution and payments no later than 12 months from the end of the financial year in whichwithout undue delay and no later than three months after the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting societyve management organisation from respecting this deadline. The collecting societyve management organisation shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 378 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Collective management organisation shall start distributing rightholder’s revenue when the amount collected reasonably covers collection costs. The minimum level required before distribution takes place may not unreasonably exceed the lowest minimum amount used by comparable collective management organisations.
Amendment 384 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting societybecause the collective management organisation failed to identify and locate the rightholders, the money shall be paid to a fund set up and managed for this purpose by the Member State in which the money was collected. The fund is thereafter responsible for any claims from reappearing rightholders.
Amendment 390 #
2012/0180(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholderthe collective management organisation shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud. Such measures shall include verifying membership records and making available regularly and at least annually to the members of the collecting societyve management organisation as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located.
Amendment 403 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 410 #
2012/0180(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
Amendment 454 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes the following information available at the request of any rightholder whose rights it represents, any collecting society on whose behalf it manages rights under a representation agreement or any user, by electronic means, without undue delayto the public on its website:
Amendment 463 #
2012/0180(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting society shall make available at the request of any rightholder or any collecting society,ve management organisation shall make publicly available any information on works for which one or more rightholders have not been identified in accordance with the provisions laid down in Directive 2012/28/EU, including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 485 #
2012/0180(COD)
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 490 #
2012/0180(COD)
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The collecting societyve management organisation may take reasonable measures to protect the accuracy and integrity of the data, to control its re-use and to protect personal data and, when necessary, commercially sensitive information.
Amendment 491 #
2012/0180(COD)
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Except in Member States with systems of extended collective licensing, a collective management organisation may not bring or seek infringement proceedings in respect of works, rights or territories which are not in its control and are not accurately identified in accordance with paragraph 1.
Amendment 492 #
2012/0180(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A collecting societyve management organisation which grants multi- territorial licences for online rights in musical works shall have procedures in place to enable rightholders and, other collecting societieve management organisations, and users to object to the contents of the data referred to in Article 22(2) or to information provided under Article 23, where such rightholders and, collecting societieve management organisations, and users, on the basis of reasonable evidence, believe that the data or the information are inaccurate in respect of their online rights in musical works. Where the claims are sufficiently substantiated, the collecting societyve management organisation shall ensure that the data or the information are corrected without undue delay.
Amendment 509 #
2012/0180(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
The requirements under this Title shall not apply to collecting societies which grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes before, simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme.
Amendment 514 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body.
Amendment 522 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where the obligation set out in paragraph 1 is implemented by recourse to an independent and impartial dispute resolution body, this shall not prevent the parties from asserting and defending their rights by bringing an action before a court, and shall allow the parties to challenge the impartiality and independence of the dispute resolution body, or its members, before the courts.
Amendment 524 #
2012/0180(COD)
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
Amendment 529 #
2012/0180(COD)
Proposal for a directive
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) disputes with an actual or potential online music service provider on the application of Articles 15, 22, 23, 25 and 2531;
Amendment 142 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. A trust service provider shall be strictly liable for any direct damage caused to any natural or legal person due to failure to comply with the obligations laid down in Article 15(1), unless the trust service provider can prove that he has not acted negligently.
Amendment 145 #
2012/0146(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. A qualified trust service provider shall be strictly liable for any direct damage caused to any natural or legal person due to failure to meet the requirements laid down in this Regulation, in particular in Article 19, unless the qualified trust service provider can prove that he has not acted negligently.
Amendment 159 #
2012/0146(COD)
Proposal for a regulation
Article 12
Article 12
Trust services provided and end user products used in the provision of those services shall be made accessible for persons with disabilities whenever possible.
Amendment 193 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Qualified trust service providers shall be audited by a recognised independent body, whose competence to undertake the audit has been demonstrated, once a year to confirm that they and the qualified trust services provided by them fulfil the requirements set out in this Regulation, and shall submitmake the resulting security audit report public and transmit it to the supervisory body.
Amendment 196 #
2012/0146(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The supervisory body shall have the power to issue binding instructions to qualified trust service providers to remedy any failure to fulfil the requirements indicated in the security audit report. These instructions shall be made publically available.
Amendment 113 #
2012/0011(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure free consent, it should be clarified that consent does not provide a valid legal ground where the individual has no genuine and free choice and is subsequently not able to refuse or withdraw consent without detriment. Similarly, consent should not provide a legal basis for data processing when the data subject has no different access to equivalent services. Default settings such as pre-ticked boxes, silence, or the simple use of a service do not imply consent.
Amendment 116 #
2012/0011(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Consent should not provide a valid legal ground for the processing of personal data, where there is a clear imbalance between the data subject and the controller. This is especially the case where the data subject is in a situation of dependence from the controller, among others, : -where personal data are processed by the employer of employees' personal data in the employment context. W or; -where the processor or controller is in a dominant market position as regards the products or services offered to the data subject or; -where the controller is a public authority, there would be an imbalance only in the specific data processing operations where the public authority can impose an obligation by virtue of its relevant public powers and the consent cannot be deemed as freely given, taking into account the interest of the data subject.
Amendment 160 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) ‘'data subject’' means an identified natural person or a natural person who can be identified or singled out, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an unique identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or , social identityor gender identity or sexual orientation of that person;
Amendment 169 #
2012/0011(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
(3 a) 'profiling' means any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour;
Amendment 189 #
2012/0011(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
Amendment 213 #
2012/0011(COD)
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4 a. The execution of a contract or the provision of a service may not be made dependent on the consent to the processing or use of data that is not necessary for the execution of the contract or the provision of the service according to Article 6 (1) (b).
Amendment 233 #
2012/0011(COD)
Proposal for a regulation
Article -11 (new)
Article -11 (new)
Article -11 General principles for data subject rights 1. The basis of data protection are clear and unambiguous rights for the data subject with respect to the data controller. The provisions of this Regulation aim to strengthen, clarify, guarantee and where appropriate, codify, these rights. 2. Such rights include, inter alia, the provision of clear, easily understood information regarding the data controller's policies for data subject access, rectification and erasure to their data, the right to data portability and the right to object to profiling; that such rights in general must be exercised free of charge and that the data controller will undertake requests from the data subject within a reasonable period of time.
Amendment 235 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Information for data subjects shall be provided in a format offering data subjects the information needed to understand their position and make decisions in an appropriate way. Full information shall be available on request. Therefore the controller shall provide transparency in information and communication in his data protection policies through an easily understandable icon-based mode of description for the different steps of data-processing.
Amendment 236 #
2012/0011(COD)
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2 b. The Commission may lay down technical standards for the purpose of further specifying the mode of description laid down in paragraph 3 concerning e.g. the processing, storage duration, transfer or deletion of data by establishing icons or other instruments in order to provide information in a standardised way. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87 (2).
Amendment 240 #
2012/0011(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The information and the actions taken on requests referred to in paragraph 1 shall be free of charge. Where requests are manifestly excessive, in particular because of their repetitive character, the controller may charge a reasonable fee for providing the information or taking the action requested, or the controller may not take the action requested. In that case, the controller shall bear the burden of proving the manifestly excessive character of the request.
Amendment 275 #
2012/0011(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the controller referred to in paragraph 1 has made the personal data public without the consent of the data subject, it shall take all reasonable steps, including technical measures, in relation to data for the publication of which the controller is responsible, to inform third parties which are processing such data, that a data subject requests them to erase any links to, or copy or replication of that personal data. Where the controller has authorised a third party publication of personal data, the controller shall be considered responsible for that publication.
Amendment 292 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Every natural person shall have the right, both offline and online, not to be subject to a measure which produces legal effects concerning this natural person or significantly affects this natural person, and which is based solely on automated processing intended to evaluate certain personal aspects relating to this natural person or to analyse or predict in particular the natural person's performance at work, economic situation, location, health, personal preferences, reliability or behaviour.
Amendment 297 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Subject to the other provisions of this Regulation, including paragraphs (3) and (4), a person may be subjected to a measure of the kind referred to in paragraph 1 only if the processing:
Amendment 299 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point a
Article 20 – paragraph 2 – point a
(a) is carried out in the course ofnecessary for the entering into, or performance of, a contract, where the request for the entering into or the performance of the contract, lodged by the data subject, has been satisfied or where suitable measures to safeguard the data subject's legitimate interests have been adduced, such as the right to obtain human intervention; or including the right to be provided with meaningful information about the logic used in the profiling, and the right to obtain human intervention, including an explanation of the decision reached after such intervention; or
Amendment 303 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) is expressly authorized by a Union or Member State law which also lays down suitable measures to safeguard the data subject's legitimate interests, and which protects the data subjects against possible discrimination resulting from measures described in paragraph 1; or
Amendment 304 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) is based on the data subject's consent, subject to the conditions laid down in Article 7 and to suitable safeguards, including effective protection against possible discrimination resulting from measures described in paragraph 1.
Amendment 310 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be based solely oninclude or generate any data that fall under the special categories of personal data referred to in Article 9, except when they fall under the exceptions listed in Article 9(2).
Amendment 311 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
Amendment 313 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 3 b (new)
Article 20 – paragraph 3 b (new)
3 b. Automated processing of personal data intended to evaluate certain personal aspects relating to a natural person shall not be used to identify or individualise children.
Amendment 315 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. In the cases referred to in paragraph 2, the information to be provided by the controller under Articles 14 and 15 shall include information as to the existence of processing for a measure of the kind referred to in paragraph 1 and the envisaged effects of such processing on the data subject, as well as the access to the logic underpinning the data undergoing processing.
Amendment 318 #
2012/0011(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. TWithin six months of the coming into force of this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and conditions for suitable measures to safeguard the data subject's' legitimate interests referred to in paragraph 2. The Commission shall consult representatives of data subjects and the Data Protection Board on its proposals before issuing them.
Amendment 357 #
2012/0011(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 724 hours after having become aware of it, notify the personal data breach to the supervisory authority. The notification to the supervisory authority shall be accompanied by a reasoned justification in cases where it is not made within 724 hours.
Amendment 367 #
2012/0011(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. When the personal data breach is likely to adversely affect the protection of the personal data or privacy of the data subject, the controller shall, after the notification referred to in Article 31, communicate the personal data breach to the data subject without undue delayin the 72 hours after having become aware of the data breach.
Amendment 409 #
2012/0011(COD)
Proposal for a regulation
Article 73 – paragraph 2
Article 73 – paragraph 2
2. Any body, organisation or association which aims to protect data subjects‘ rights and interests concerning the protection of their personal data andacting in the public interest rather than only on an individual s behalf which has been properly constituted according to the law of a Member State shall have the right to lodge a complaint with a supervisory authority in any Member State on behalf of one or more data subjects if it considers that a data subject's rights under this Regulation have been infringed as a result of the processing of personal data.
Amendment 413 #
2012/0011(COD)
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74, 75 and 757 on behalf of one or more data subjects.
Amendment 3 #
2011/2313(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the need to ensure flexibility and interoperability in the distribution of audiovisual works by digital platforms, so as to provide legal forms of supply in response to market demand while ensuring respect for copyright and consumer rights;
Amendment 9 #
2011/2313(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that territorial distribution schemes should continue tonot apply to the digital environment, since this form of organisation of the audiovisual market appears to guaranteehamper the prefinancing of European audiovisual and cinematographic works; in this regard, multiterritorial licensing should remain optionthe ultimate policy goal;
Amendment 23 #
2011/2313(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to find a solutions allowing authors and performers to secure fair and effective distribution of economic returns from the online exploitation of their works; (See JURI Working Group on Copyright, Final Version, approved on 29.06.2011, page 27, point 6, last paragraph: "And last, but not least, it should also deliver on the promises of effective distribution of fair remuneration to creators and of fair and effective distribution ofOr. en income within the cultural sector in general.")
Amendment 29 #
2011/2313(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 3 #
2011/2176(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Insists that the Court of Justice, as guardian of Union law, must ensure uniformity of the Union legal order and the primacy of European law in this context; urges, therefore, that steps be taken to verify whether an international agreement to which the Union is not a party can confer on the Court of Justice an obligation to hear questions referred for a preliminary ruling, as stated in the draft Agreement on the Unified Patent Court;
Amendment 88 #
2011/2083(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 91 #
2011/2083(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 17 #
2011/0430(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In relation to any re-use that is made of the document, public sector bodies may, where practicable, impose conditions on the re-user, such as acknowledgment of source. Any licences for the re-use of public sector information should in any case place as few restrictions on re-use as possible. Open licences available online, which grant wider re-use rights without technological, financial or geographical limitations and relying on open data formats, mayshould also play an important role in this respect. Therefore, Member States should encourage the use of open government licences and licensing of PSI metadata should follow licensing standards as established by e.g. Europeana.
Amendment 23 #
2011/0430(COD)
Proposal for a directive
Article 1 – point 6 – point 1
Article 1 – point 6 – point 1
Directive 2003/98/EC
Article 6 – paragraph 2
Article 6 – paragraph 2
'2. In exceptional cases, in particular wWhere public sector bodies generate a substantial part of their operating costs relating to the performance of their public service tasks from the exploitation of their intellectual property rights, public sector bodies may be allowed to charge for the re- use of documents over and above the marginal costs, according to objective, transparent and verifiable criteria for the exclusive purpose of covering their costs of digitising documents and making them available to the public, provided this is in the public interest and subject to the approval of the independent authority referred to in Article 4(4), and without prejudice to paragraphs 3 and 4 of this Article.'
Amendment 38 #
2011/0430(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point 2 (new)
Article 1 – paragraph 1 – point 4 – point 2 (new)
2003/98/EC
Article 4 – new paragraph
Article 4 – new paragraph
Amendment 50 #
2011/0430(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
8a. Whenever personal data are made available for reuse; (a) Licences should include a specific data protection clause. The content of this clause should be determined on the basis of the licence and data in question, inter alia, data protection risks present, complexity of the case, nature of personal data involved and expected purposes of reuse (b) Licence conditions should include the purposes for which personal data can be processed (c) Licence conditions should include provisions ensuring that re-users shall not make any attempt or facilitate third parties to identify the data subjects or use that data in support of measures nor decisions regarding these individuals. (d) Licence conditions for international data transfer for the purposes of reuse must contain provisions, and contractual clauses where necessary, for adequate levels of data protection, or another adequate legal basis for transfers to third countries for the purposes of reuse.
Amendment 238 #
2011/0401(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The European Parliament has called for a radical simplification of Union research and innovation funding in its Resolution of 11 November 2010, has highlighted the importance of the Innovation Union to transform Europe for post-crisis world, in its resolution of 12 May 2011, has drawn attention to important lessons to be learned following the interim evaluation of the Seventh Framework Programme in its resolution of 8 June 2011 and has supported the concept of a common strategic framework for research and innovation funding in its resolution of 27 September 20118 . The Horizon 2020 Programme should therefore be granted a substantial budget increase compared to the Seventh Framework Programme, including a transfer of at least 5% of the budget of the Common Agricultural Policy 2014-2020.
Amendment 21 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.1 – paragraph 2
Annex – part 1 – point 1.1 – paragraph 2
The reasons for putting research, education and innovation at centre stage are straightforward. In a context of increasing global competition and facing a demographic challenge at home, Europe's future economic growth and jobs will increasingly come from innovation breakthroughs in products, services and business models as well as from its ability to nurture, attract and retain talent, and the ability for citizens to use, adopt and apply these innovations. While there are individual success stories across Europe, EU Member States on average underperform in comparison with global innovation leaders. Moreover, the EU is facing increased competition for talent from new centres of excellence in emerging economies.
Amendment 22 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.1 – paragraph 3
Annex – part 1 – point 1.1 – paragraph 3
A genuine change in our innovation systems and paradigms is therefore necessary. Still too often, excellence in higher education, research and innovation, while clearly existing across the EU, remains fragmented. Europe needs to overcome this lack of strategic co- operation across boundaries – countries, sectors and disciplines. Moreover, Europe needs to embrace ahas a strong, open and true entrepreneurial culture, which is essential forith a considerable diversity of small and medium-sized enterprises, which is essential to nurture and help to capturinge the value of research and innovation, forto setting- up new ventures and to achieve actual market deployment of innovations in potential high-growth sectors. Europe needs to foster the role of higher education institutions as engines of innovation, as talented people need to be equipped with the right skills, knowledge and attitudes in order to drive innovation forward.
Amendment 23 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.1 – paragraph 4
Annex – part 1 – point 1.1 – paragraph 4
The EIT has been set up precisely to this end – to contribute to sustainable economic growth and competitiveness by reinforcing the innovation capacity of the Union and its Member States. By fully integrating the knowledge triangle of higher education, research and innovation, the Institute will strongly contribute to tackling societal challenges under Horizon 2020 and bring about systemic change in the way European innovation players collaborate in open and inclusive innovation models.
Amendment 25 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.2 – paragraph 1 – indent 1
Annex – part 1 – point 1.2 – paragraph 1 – indent 1
Overcoming fragmentation via long-term integrated partnerships and achieving critical mass through its European dimension: Building on existing cooperation initiatives, the EIT brings the selected partnerships in the KICs to a more permanent and strategic level. KICs allow world-class partners to unite in new configurations, develop open and inclusive innovation models, optimize existing resources, access new business opportunities via new value chains addressing higher risk, and larger scale challenges. Moreover, while there are a significant number of centres of excellence across EU Member States, they often do not attain the critical mass for global competition individually. The KICs' co- location centres offer strong local actors the opportunity to closely connect to other excellent partners across borders, thereby allowing them to act and be recognized globally.
Amendment 26 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.2 – paragraph 1 – indent 4a (new)
Annex – part 1 – point 1.2 – paragraph 1 – indent 4a (new)
Amendment 27 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.3 – paragraph 2
Annex – part 1 – point 1.3 – paragraph 2
The EIT will strongly contribute to the objectives set out in Horizon 2020, in particular by addressing societal challenges in a complementary way to other initiatives in these areas. Within Horizon 2020, the EIT will be part of the ‘tackling societal challenges’ objective but following the approach of seamless interaction across objectives, it will also contribute to ‘industrial leadership and competitive frameworks’ by stimulating results-driven research and fostering the creation of open and inclusive innovation models among high growth innovative SMEs. Finally, it will contribute to the creation of an ‘excellent science base’ by fostering mobility across boundaries – of disciplines, sectors and countries – and by embedding entrepreneurship and a risk-taking culture in innovative post-graduates degrees. The EIT will thereby significantly contribute to promoting the framework conditions that are needed to realise the innovative potential of EU research and to promote the completion of the European Research Area (ERA).
Amendment 29 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.3 – paragraph 3
Annex – part 1 – point 1.3 – paragraph 3
Moreover, the EIT brings a fully fledged education dimension, through open access and knowledge dissemination, to the EU's research and innovation policy. Via innovative, entrepreneurial education it plays an important bridging role between the research and innovation framework and education policies and programmes and provides the long term commitment needed to deliver sustainable changes in higher education. Notably through new, trans and interdisciplinary EIT-labelled degrees the EIT is leading a collaborative effort towards education for innovation with clear spill over effects on the broader European agenda for the modernisation of higher education institutions thereby promoting the European Higher Education Area.
Amendment 30 #
2011/0387(COD)
Proposal for a decision
Annex – part 1 – point 1.3 – paragraph 8 – indent 1
Annex – part 1 – point 1.3 – paragraph 8 – indent 1
· EIT ICT Labs liaises and works closely with the future Internet Public Private Partnership, the Artemis Joint Technology Initiative and EUREKA initiatives such as ITEA (Information Technology for European Advancement), and the Trust in Digital Life partnership. By applying KIC ‘c‘Business Catalysts’ such as the Innovation Radar, the Patent BoosterAccess to Finance and the Technology Transfer along the lifecycle of EU funded research projects, EIT ICT Labs boosts their market impact. By offering access to its co-location centres it can enhance the mobility of people and ideas across Europe.
Amendment 34 #
2011/0387(COD)
Proposal for a decision
Annex – part 2 – point 2.2 – paragraph 2
Annex – part 2 – point 2.2 – paragraph 2
In the future, the EIT must work to make the KIC experience understandable and replicable and build it into a culture that can act as a role model in Europe and beyond. By identifying, analysing and sharing good practices, as well as new governance and funding models from the KICs, the EIT seeks to ensure that knowledge generated within the EIT and its KICs is disseminated and capitalised upon for the benefit of people andthe general public, private entities and the institutions, including those not directly participating in the KICs.
Amendment 35 #
2011/0387(COD)
Proposal for a decision
Annex – part 2 – point 2.2 – paragraph 4
Annex – part 2 – point 2.2 – paragraph 4
Main drivers of learning at EIT level may be: innovation-driven research for the creation of new businesses and new business models, management of IP portfolios and new approaches to IP sharingnew approaches to IP sharing and management of IP portfolios providing for maximum protection of competitive conditions, entrepreneurship and new integrated forms of multi- disciplinary education; innovative governance and financial models based in the concept of open innovation or involving public authorities. This will help the EIT to be a role model and to act as a ‘game shifter’ in the European innovation landscape and to become an internationally recognised innovation institution.
Amendment 36 #
2011/0387(COD)
Proposal for a decision
Annex – part 2 – point 2.2 – paragraph 7
Annex – part 2 – point 2.2 – paragraph 7
Moreover, the EIT has a clear role to play in attracting talent from outside the EU. By creating a strong brand and forging strategic relations with key partners from around the globe, the EIT can add to the attractiveness of the partners within the KICs. In close cooperation with the KICs, the EIT should develop a strong international strategy, identifying and liaising relevant interlocutors and potential partners. In this context the EIT and its KICs should take full advantage of existing EU initiatives in the area, such as the ‘Erasmus for all’ programme and the Marie Curie Actions. In addition, the EIT can foster open access, inclusive innovation, knowledge sharing, mentoring and networking by encouraging the setting up of an EIT alumni network.
Amendment 39 #
2011/0387(COD)
Proposal for a decision
Annex – part 3 – point 3.2 – paragraph 2
Annex – part 3 – point 3.2 – paragraph 2
Moving away from a merely administrator role, the EIT headquarters will optimise their operational functions to steer the KICs to maximum performance and make good results widely available. There are efficiency gains to be achieved from providing a number of centralised services and functions, rather than at individual KIC level. While all KICs work on specific themes, a number of elements are of a cross-cutting nature and it is precisely there where the EIT can provide tangible added value. Such knowledge provider functions can relate notably to the EIT headquarters becoming an information broker and resourceful interlocutor, e.g. in fostering cross-KIC exchange and mutual learning, facilitating relations with the EU institutions and other key organisations, such as the Organisation for Economic Co- operation and Development (OECD), or on specific cross-cutting issues, such as counselling on IP, technologycompetition and intellectual property law, open access and knowledge transfer, benchmarking against international best practices, or undertaking anticipation and foresight studies to identify future directions for the EIT and the KICs. The EIT and KICs should decide together where these tasks can be most effectively dealt with. In this regard, it will be of crucial importance for the EIT and the KICs to establish viable mechanisms for systematic collaboration around cross- cutting issues.
Amendment 14 #
2011/0384(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The rules concerning the management of intellectual property rightdissemination of results via licensing and open access are defined in the Rules for Participation.
Amendment 18 #
2011/0384(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Although initially foreseen, the EIT Foundation will not receive a direct contribution from the EU budget, but the EU discharge procedure should notstill apply to it.
Amendment 19 #
2011/0384(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
Regulation (EC) No 294/2008
Article 2 – paragraph 10
Article 2 – paragraph 10
10. Stakeholder Forum means a meeting open to representatives of national and regional authorities, organized interests and individual entities from business, higher education, and research, cluster organisations, as well as other interested parties from civil society and from across the knowledge triangle.
Amendment 20 #
2011/0384(COD)
Proposal for a regulation
Article 1 – point 4 – point b
Article 1 – point 4 – point b
Regulation (EC) No 294/2008
Article 5 – paragraph 1 – point j
Article 5 – paragraph 1 – point j
(j) convene, at least once a year, the Stakeholders Forum to inform about the activities of the EIT, its experiences, good practices and contribution to Union innovation, research and education policies and objectives. SAll stakeholders shall be invited to express their views.
Amendment 21 #
2011/0384(COD)
Proposal for a regulation
Article 1 – point 6 – point d
Article 1 – point 6 – point d
Regulation (EC) No 294/2008
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The majority of the partner organisations forming a KIC shall be established in the Member States. AEach KIC shall be constituted by at least one higher education institution and one private company shall be part of each KIC. 2011/0384(COD).entity. Or. en JustificationFollowing paragraph 10 as added by the Commission proposal
Amendment 22 #
2011/0384(COD)
Proposal for a regulation
Article 1 – point 10
Article 1 – point 10
Regulation (EC) No 294/2008
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) revenue generated by the KICs' own activities and royalties from intellectual property rights;.
Amendment 24 #
2011/0384(COD)
Proposal for a regulation
Article 1 – point 12
Article 1 – point 12
Regulation (EC) No 294/2008
Article 15 – subparagraph b
Article 15 – subparagraph b
(b) an annual report to be made public by 30 June each year. The report shall outline the activities conducted by the EIT and the KICs during the preceding calendar year and assess the results with respect to the objectives, indicators and timetable set, the risks associated with the activities carried out, the use of resources and the general operation of the EIT.
Amendment 39 #
2011/0187(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Data on the development of prices for Union-wide voice, SMS and data roaming services since the entry into force of Regulation (EC) No 717/2007 and its amending Regulation (EC) No 544/2009, including in particular those collected by national regulatory authorities and reported on a quarterly basis through the medium of the BEREC, do not provide evidence to suggest that competition at the retail or wholesale levels has reasonably developed and is likely to be sustainable from June 2012 onwards in the absence of regulatory measures. Such data indicates that retail and wholesale prices are still much higher than domestic prices and continue to cluster at or close to the limits set by Regulation (EC) No 717/2007 as amended by Regulation (EC) No 544/2009, with only limited competition below those limits.
Amendment 46 #
2011/0187(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Consumers should have the right to opt for the separate sale of roaming services from their domestic mobile package. Basic principles should be laid down with regard to the provision of a separate sale of roaming services which should be introduced in a coordinated manner across the Union. Consumers should be able to choose a different provider for roaming services without changing their number, and in a manner which ensures interoperability of services and within a short period of time, with roaming services being provided anywhere in the Union and with the same level of quality.
Amendment 57 #
2011/0187(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) During the transitional period of safeguard caps, new roaming customers should be fully informed in a clear and understandable manner of the range of tariffs that exist for roaming within the Union, including the tariffs which are compliant with the transitory Eurotariff. Existing roaming customers should be given the opportunity to choose a new tariff compliant with the transitory Eurotariff or any other roaming tariff within a certain time frame. For existing roaming customers who have not made their choice within this time frame, it is appropriate to distinguish between those who had already opted for a specific roaming tariff or package before the entry into force of this Regulation and those who had not. The latter should be automatically accorded a tariff that complies with this Regulation. Roaming customers who already benefit from specific roaming tariffs or packages which suit their individual requirements and which they have chosen on that basis should remain on their previously selected tariff or package if, after having been reminded of their current tariff conditions, they fail to express a choice within the relevant time period. Such specific roaming tariffs or packages could include, for example, roaming flat-rates, non-public tariffs, tariffs with additional fixed roaming charges, tariffs with per-minute charges lower than the maximum Eurotariff or tariffs with set-up charges.
Amendment 63 #
2011/0187(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Providers of regulated roaming calls at the retail level should therefore be required to bill their customers on a per second basis for all calls subject to a Eurotariff, subject only to the possibility to apply a minimum initial charging period of no more than 30 seconds for calls made. This will enable operators to cover any reasonable set-up costs and to provide flexibility to compete by offering shorter minimum charging periods. However, no minimum initial charging period is justified in the case of Eurotariff calls received, as the underlying wholesale cost is charged on a per second basis and any specific set- up costs are already covered by mobile termination rates.
Amendment 69 #
2011/0187(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Data collected by national regulatory authorities indicate that high prices for average wholesale charges for data roaming services levied by visited network operators from roaming customers' home providers persist, e. Even if these wholesale prices appear to be on a downward trend, they are still much too high and out of proportion with the real production costs.
Amendment 94 #
2011/0187(COD)
Proposal for a regulation
Recital 81 a (new)
Recital 81 a (new)
(81a) The review of this Regulation should aim to establish an even more integrated market for telecommunication services in Europe and to improve the ability for operators to provide telecommunications services and customer to use them, and therefore to remove remaining barriers. In order to supplement the rules for wholesale roaming access, the Commission and BEREC should take necessary measures to further harmonise national telecommunications regulations, improve the conditions for market entry for operators in all Member States and harmonise termination fees across the Union. In order to support a truly borderless, single market for telecommunications services, the Commission and BEREC should present a proposal on new rules for access to new 4G/ LTE networks so that mobile devices should be enabled to connect to any operator's access network which can provide the contracted signal level, if the contracted service provider cannot, and for there to be no surcharge levied from the customer where another operator's network is used. To supplement this regulation, the Commission should present a similar legislative proposal for the prices of cross-border phone calls made and SMS sent between Member States that are not covered by this regulation. The Commission should also actively seek to extend the application of the rules laid down in this regulation to other countries outside of the Union, especially those bordering the Union and candidate countries, by concluding bilateral or multilateral agreements.
Amendment 127 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Any switch to or from an alternative roaming provider shall be free of charge and shall not entail conditions or restrictions pertaining to elements of the subscription other than roaming, and shall be carried out within fivthree working days, save that where a roaming customer who has subscribed to a domestic package which includes roaming prices other than the Eurotariff, Euro-SMS tariff or Euro- data tariff, the home provider may delay the switch from the old to the new subscription concerning roaming services for a specified period not exceeding threewo months.
Amendment 133 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. At the time of making or renewing a contract on mobile communication services, home providers shall provide all customers individually in a clear and understandable manner with full information on the possibility to choose an alternative roaming provider and facilitate the conclusion of a contract with an alternative roaming provider. Customers concluding a contract with the home provider for roaming services shall explicitly confirm that they have been informed of such possibility. The providers of mobile communications services shall not prevent retailers serving as their points of sale to offer contracts for separate roaming services with alternative roaming providers.
Amendment 139 #
2011/0187(COD)
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6a. When a customer is offered by his home provider roaming tariffs close enough to the tariffs for domestic voice, SMS and data services he benefits from, the obligation for this operator to enable his customer to access voice, SMS and data roaming services of any alternative roaming operator shall not apply. The BEREC, after consulting stakeholders and in close co-operation with the Commission, shall lay down, within a reasonable period of time not exceeding three months after the adoption of this Regulation, guidelines with regard to the definition of roaming tariffs close to domestic tariffs.
Amendment 151 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The average wholesale charge that the operator of a visited network may levy from the customer's home provider for the provision of a regulated roaming call originating on that visited network, inclusive inter alia of origination, transit and termination costs, shall not exceed EUR 0,140 per minute as of 1 July 2012.
Amendment 160 #
2011/0187(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The average wholesale charge referred to in paragraph 1 shall apply between any pair of operators and shall be calculated over a twelve-month period or any such shorter period as may remain before the end of the period of application of a maximum average wholesale charge as provided for in this paragraph or the expiry of this Regulation. The maximum average wholesale charge shall decrease to EUR 0,105 and EUR 0,063, on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Article 13, the maximum average wholesale charge shall remain at EUR 0,063 for the duration of this Regulation.
Amendment 171 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The retail charge (excluding VAT) of a Eurotariff which a home provider may levy from its roaming customer for the provision of a regulated roaming call may vary for any roaming call but shall not exceed EUR 0,3215 per minute for any call made or EUR 0,1105 per minute for any call received as of 1 July 2012. The price ceiling for calls made shall decrease to EUR 0,2813 and EUR 0,2410 on 1 July 2013 and on 1 July 2014 respectively, and for calls received to EUR 0,103 on 1 July 2013. From 1 July 2014, home providers shall not levy any charge from their roaming customers for calls received. Without prejudice to Articles 13 and 19 these regulated maximum retail charges for the Eurotariff shall remain valid until 30 June 2016.
Amendment 180 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
Amendment 184 #
2011/0187(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Home providers shall not disable, disallow or otherwise hamper active or passive calling when roaming for new customers or existing Eurotariff customers unless these customers specifically request so or have exceeded a cut-off limit.
Amendment 192 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-SMS tariff which a home provider may levy from its roaming customer for a regulated roaming SMS message sent by that roaming customer may vary for any roaming SMS message but shall not exceed EUR 0,107, and shall not exceed EUR 0,05 from 1 July 2014. Without prejudice to Articles 13 and 19, the regulated maximum retail charge for the Euro-SMS tariff shall remain at EUR 0,105 until 30 June 2016.
Amendment 201 #
2011/0187(COD)
Proposal for a regulation
Article 9 – paragraph 6 a (new)
Article 9 – paragraph 6 a (new)
6a. Home providers shall not disable, disallow or otherwise hamper the sending or receiving of SMS when roaming for new customers or existing Eurotariff customers unless these customers specifically request so or have exceeded a cut-off limit.
Amendment 203 #
2011/0187(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. With effect from 1 July 2012 the average wholesale charge that the operator of a visited network may levy from the roaming customer's home provider for the provision of regulated data roaming services by means of that visited network shall not exceed a safeguard limit of EUR 10,30, EUR 0,20 as of 1 July 2013 and EUR 0,10 as of 1 July 2014 per megigabyte of data transmitted. Without prejudice to Article 13 the maximum average wholesale charge for the provision of regulated data roaming services shall remain at EUR 0,10 per megigabyte of data transmitted for the duration of this Regulation.
Amendment 216 #
2011/0187(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
With effect from 1 July 2012, the retail charge (excluding VAT) of a Euro-data tariff which a home provider may levy from its roaming customer for the provision of a regulated roaming data shall not exceed EUR 0,920 per megigabyte. The price ceiling for data used shall decrease to EUR 0,70 and EUR 0,50,maximum retail charge for the provision of roaming data below 1 gigabyte shall be proportionate to EUR 20 per megigabyte used on 1 July 2013 and on 1 July 2014 respectively. Without prejudice to Articles 13 and 19, the regulated maximum retail charge shall remain at EUR 0,520, per megigabyte used until 30 June 2016.
Amendment 234 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
To alert a roaming customer to the fact that he will be subject to roaming charges when making or receiving a call or when sending an SMS message, each home provider shall, except when the customer has notified his home provider that he does not require this service, provide the customer, automatically by means of a Message Service, without undue delay and free of charge, when he enters a Member State or a third country other than that of his home network, with basic personalised pricing information on the roaming charges (including VAT) that apply to the making and receiving of calls and to the sending of SMS messages by that customer in the visited Member State.
Amendment 238 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – introductory part
Article 14 – paragraph 1 – subparagraph 2 – introductory part
This basic personalised pricing information shall be sent to the customer when roaming outside as well as within the European Union and shall include the maximum charges the customer may be subject to under his tariff scheme for:
Amendment 242 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) sending regulated roaming SMS messages while in the visited Member Statecountry.
Amendment 250 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In addition to paragraph 1, customers shall have the right to request and receive, free of charge, and irrespective of their location within the Union, more detailed personalised pricing information on the roaming charges that apply in the visited network to voice calls, SMS, MMS and other data communication services, and information on the transparency measures applicable by virtue of this Regulation, by means of a mobile voice call or by SMS. Such a request shall be to a free-of-charge number designated for this purpose by the home provider. Obligations provided for in paragraph 1 shall not apply to machine to machine (M2M) type of devices that use mobile communication.
Amendment 251 #
2011/0187(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
Amendment 254 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Home providers shall ensure that their roaming customers, both before and after the conclusion of a contract, are kept adequately informed of the charges which apply to their use of regulated data roaming services, in ways which facilitate customers' understanding of the financial consequences of such use and permit them to monitor and control their expenditure on regulated data roaming services in accordance with paragraphs 2 and 3. Pricing information shall be expressed in gigabytes. The safeguard mechanisms referred to in paragraph 3 shall not apply to pre-paid customers.
Amendment 265 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
An automatic message from the home provider shall inform the roaming customer that he is roaming and provide basic personalised tariff information on the charges applicable to the provision of regulated data roaming services to that roaming customer in the Member State or third country concerned, except where the customer has notified his home provider that he does not require this information.
Amendment 271 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Such basic personalised tariff information shall be delivered to the roaming customer's mobile telephone or other device, for example by an SMS message, an e-mail or a pop-up window on the computer, every time the roaming customer enters a Member State or third country other than that of his home network and initiates for the first time a regulated data roaming service in that particular Member Statecountry. It shall be provided free of charge at the moment the roaming customer initiates a regulated data roaming service, by an appropriate means adapted to facilitate its receipt and easy comprehension. The personalised pricing information shall be sent to the customer when roaming outside as well as within the Union.
Amendment 289 #
2011/0187(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Paragraph 3 shall apply to customers roaming outside as well as within the territory of the European Union.
Amendment 30 #
2011/0137(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The customs authorities should be able to control goods, which are or should have been subject to customs supervision in the customs territory of the Union, with a view to enforcing intellectual property rights. Enforcing intellectual property rights at the border, wherever the goods are, or should have been, under ‘customs supervision’ as defined by Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, makes good use of resources. Where goods are detained by customs at the border, one legal proceeding is required, whereas several separate proceedings would be required for the same level of enforcement for goods found on the market, which have been disaggregated and delivered to retailers. An exception should be made for goods released for free circulation under the end- use regime, as such goods remain under customs supervision, even though they have been released for free circulation. It is also appropriateessential not to apply the Regulation to goods carried by passengers in their personal luggage as long as thesre goods are for their own personal use and there are no indicationare no indications on the basis of the applicable legal procedures that a commercial trafficpurpose is involved.
Amendment 31 #
2011/0137(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen the enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements, such as infringements resulting from parallel trade, as well as other infringements of rights already enforced by customs authorities but not covered by Regulation (EC) No 1383/2003. For the sameis purpose it is appropriate to include in the scope of this Regulation, in addition to the rights already covered by Regulation (EC) No 1383/2003, trade names in so far as they are protected as exclusive property rights under national law, topographies of semiconductor products, utility models and devicesparticular devices designed to circumvent technological protection measures (TPMs), as well as any exclusive intellectual property right established by Union legislation.
Amendment 32 #
2011/0137(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure the swift enforcement of intellectual property rights, it should be provided that, where the customs authorities suspect, on the basis of adequate evidenceindications resulting from the applicable legal procedures, that goods under their supervision infringe intellectual property rights, those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application, in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether an intellectual property right has been infringed.
Amendment 33 #
2011/0137(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to reduce to the minimum the administrative burden and costs, without prejudice to the end-consumer's right to be duly informed within a reasonable time of the legal basis for the actions taken by the customs authorities, a specific procedure should be introduced for small consignments of counterfeit and pirated goods, which would allow for goods to be destroyed without the agreement of the right-holder. In order to establish the thresholds under which consignments are to be considered as small consignments, this Regulation should delegate to the Commission the power to adopt non- legislative acts of general application in accordance with Article 290 of the Treaty on the Functioning of the European Union. It is of importance that the Commission carries out appropriate and public consultations during its preparatory work, including with consumer and civil rights organisations and at expert level.
Amendment 34 #
2011/0137(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of the Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties. The period allowing for a right to be heard before an adverse decision is taken should be three working days, given that the holders of decisions granting applications for action have voluntarily requested theIn the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs authorformalities, to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment ofhe right to be duly informed within a reasonable time of the legal basis for the actions taken by the customs authorities, as well as the right to be heard before an adverse decision is taken by the customs formalauthorities, that period should be significantly extendshould be established.
Amendment 35 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point e
Article 2 – point 1 – point e
Amendment 36 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
(6) ‘pirated goods’ means goods which are subject of an action infringing a copyright or related right oracquired by acts of piracy as design and which are or contain copies made without the consent of the holder of a copyright or related right or a design, regardless of whether it is registered, or of a person authorised by that holder in the country of productionfined by Article 101 et seq. of the United Nations Convention on the Law of the Sea;
Amendment 37 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 7 – introductory wording
Article 2 – point 7 – introductory wording
(7) ‘goods suspected of infringing an intellectual property right’ means goods with regard to which there isare adequate evidenceindications on the basis of the applicable legal procedures to satisfy customs authorities that, in the Member State where these goods are found, are prima facie:
Amendment 38 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 7 – point b
Article 2 – point 7 – point b
(b) particular devices, products or components whichdesigned to circumvent technological protection measures (TPMs) in any technology, device or component that,, and which in the normal course of itstheir operation, prevents or restrictserform acts in respect of works which are not authorised by the right-holder of anprotected by copyright or rights related to copyright and which infringe an intellectual property right under the law of that Member sState;
Amendment 39 #
2011/0137(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) intellectual property collective rights management bodies which are regularly recognised as having a right tolawfully representing holders of copyrights or related rights;
Amendment 40 #
2011/0137(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) professional defence bodies which are regularly recognised as having a right tolawfully representing holders of intellectual property rights;
Amendment 41 #
2011/0137(COD)
Proposal for a regulation
Article 12
Article 12
Amending the decision with regard to intellectual property rights The competent customs department that adopted the decision granting the application may, at the request of the holder of that decision, modify the list of intellectual property rights in that decision. In the case of a decision granting a Union application, any modification consisting in adding intellectual property rights shall be limited to those intellectual property rights covered by Article 5.rticle 12 deleted
Amendment 42 #
2011/0137(COD)
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. When adopting a decision to suspend the release of the goods or to detain them, in the case of small consignments, the customs authorities shall within a reasonable time duly inform the end- consumer of the legal basis for the actions taken by them.
Amendment 43 #
2011/0137(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. When adopting a decision to suspend the release of the goods or to detain them, in the case of small consignments, the customs authorities shall within a reasonable time duly inform the end- consumer of the legal basis for the actions taken by them.
Amendment 62 #
2011/0137(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The marketing of goods infringing intellectual property trademark rights and copyrights does considerable damage to right-holders, law- abiding manufacturers and traders. It is also deceiving consumers, and could in some cases endanger their health and safety. Such goods should, in so far as is possible, be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade.
Amendment 64 #
2011/0137(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The review of Regulation (EC) No 1383/2003 showed that certain improvements to the legal framework were necessary to strengthen the enforcement of selected intellectual property rights, particularly trademark and copyright, as well as to ensure appropriate legal clarity, thereby taking into account developments in the economic, commercial and legal areas. That review also showed that border measures should not be applicable to other intellectual property rights, particularly patents and supplementary protection certificates for medicinal products where proper determination of infringement is dependent on highly technical judicial proceedings. Likewise, it was determined that border measures should not be applied to goods-in-transit.
Amendment 67 #
2011/0137(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The customs authorities should be able to control goods, which are or should have been subject to customs supervision in the customs territory of the Union, with a view to enforcing intellectual property trademark rights and copyrights. Enforcing such intellectual property rights at the border, wherever the goods are, or should have been, under ‘'customs supervision’' as defined by Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, makes good use of resources. Where goods are detained by customs at the border, one legal proceeding is required, whereas several separate proceedings would be required for the same level of enforcement for goods found on the market, which have been disaggregated and delivered to retailers. An exception should be made for goods released for free circulation under the end- use regime, as such goods remain under customs supervision, even though they have been released for free circulation. It is also appropriateessential not to apply the Regulation to goods carried by passengers in their personal luggage as long as thesre goods are for their own personal use and there are no indicationare no indications on the basis of the applicable legal procedures that a commercial trafficpurpose is involved.
Amendment 71 #
2011/0137(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen theensure efficient enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements, such as infringements resulting from parallel trade, as well as other infringements of rights already enforced by customs authorities but not covered by Regulation (EC) No 1383/2003arget selected infringements. For the sameat purpose it is appropriate to include in the scope of this Regulation, in addition to the rights already covered by Regulation (EC) No 1383/2003, trade names in so far as they are protected as exclusive property rights under national law, topographies of semiconductor products, utility models and devices to circumvent technological measures, as well as any exclusive intellectual property right established by Union legislationparticular devices designed to circumvent technological protection measures (TPMs).
Amendment 73 #
2011/0137(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Any person, whether or not the holder of an intellectual property trademark right or copyright right, who is able to initiate legal proceedings in his/her own name with respect to a possible infringement of that right, should be entitled to submit an application for action by the customs authorities.
Amendment 74 #
2011/0137(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to ensure thateffective enforcement of intellectual property rights are enforced throughout the Union, it is appropriate to provide that, where a person entitled to submit an application for action seeks enforcement of an relevant intellectual property right covering the whole territory of the Union, that person may request the customs authorities of a Member State to take a decision requiring action by the customs authorities of that Member State and of any other Member State where enforcement of thesuch intellectual property right is sought.
Amendment 76 #
2011/0137(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure the swifteffective and lawful enforcement of intellectual property rights, it should be provided that, where the customs authorities suspect, on the basis of adequate evidenceindications resulting from the applicable legal procedures, that goods under their supervision infringe relevant intellectual property rights, those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application, in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether ansuch intellectual property right has been infringed.
Amendment 79 #
2011/0137(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Where goods suspected of infringing intellectual property rights are not counterfeit or pirated goods, it may be difficult to determine upon mere visual examination by customs authorities whether another intellectual property right might be infringed. It is therefore appropriate to provide that proceedings should be initiated, unless the parties concerned, namely the holder of the goods and the right-holder, agree to abandon the goods for destruction. It should be for the competent authorities dealing with such proceedings to determine whether an relevant intellectual property right has been infringed and to take appropriate decisions concerning the infringements of intellectual property rights concerned.
Amendment 83 #
2011/0137(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to reduce to the minimum the administrative burden and costs, without prejudice to the end consumer's right to be duly informed within a reasonable time of the legal basis of the actions taken by the customs authorities, a specific procedure should be introduced for small consignments of counterfeit and pirated goods, which would allow for goods to be destroyed without the agreement of the right-holder. In order to establish the thresholds under which consignments are to be considered as small consignments, this Regulation should delegate to the Commission the power to adopt non- legislative acts of general application in accordance with Article 290 of the Treaty on the Functioning of the European Union. It is of importance that the Commission carries out appropriate and public consultations during its preparatory work, including with consumer and civil rights organisations and at expert level.
Amendment 88 #
2011/0137(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) For further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions, it is appropriate to modify the timelines for detaining goods suspected of infringing an relevant intellectual property right, the conditions in which information about consignments is to be passed on to right-holders by customs authorities, the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights other than for counterfeit and pirated goods and to introduce a provision allowing the holder of the goods to express his/her views before the customs administration takes a decision which would adversely affect him/her.
Amendment 93 #
2011/0137(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of the Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties. The period allowing for a right to be heard before an adverse decision is taken should be three working days, given that the holders of decisions granting applications for action have voluntarily requested theIn the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs authorformalities, to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment ofhe right to be duly informed within a reasonable time of the legal basis for the actions taken by the customs authorities, as well as the right to be heard before an adverse decision is taken by the customs formalauthorities, that period should be significantly extendshould be established.
Amendment 99 #
2011/0137(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Under the ‘'Declaration on the TRIPS Agreement and Public Health’' adopted by the Doha WTO Ministerial Conference on 14 November 2001, the TRIPS Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all. In particular with regard to medicines the passage of which across this territory of the European Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, is only a portion of a complete journey beginning and terminating beyond the territory of the Union, customs authorities should, when assessing a risk of infringement of intellectual property rights, take account of any substantial likelihood of diversion of these goods onto the market of the Union ensure that any measures taken by them are in line with the Union's international commitments. In particular, no detention of generic medicines should be allowed in the absence of clear and convincing evidence of imminent, intended entry onto the market of the Union, meaning intended sale to and consumption by Union residents.
Amendment 110 #
2011/0137(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing anthe specific intellectual property rights defined in Article 2 are, or should have been, subject to customs supervision within the customs territory of the Union.
Amendment 111 #
2011/0137(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation shall not apply to goods-in-transit, meaning products passing across the territory of the Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, for which transit through the Union is only a portion of a complete journey beginning and terminating beyond the territory of the Union.
Amendment 114 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point e
Article 2 – point 1 – point e
Amendment 115 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point f
Article 2 – point 1 – point f
Amendment 116 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point g
Article 2 – point 1 – point g
Amendment 117 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point h
Article 2 – point 1 – point h
Amendment 118 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point i
Article 2 – point 1 – point i
Amendment 119 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point j
Article 2 – point 1 – point j
Amendment 120 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point k
Article 2 – point 1 – point k
Amendment 122 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point l
Article 2 – point 1 – point l
Amendment 124 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 1 – point m
Article 2 – point 1 – point m
Amendment 131 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 5 – point a
Article 2 – point 5 – point a
(a) any goods which are subject of an action infringing a trade mark and, including packaging, bearing without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark, and which thereby infringes the rights of the owner of the trademark in question in the country of import;
Amendment 138 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
(6) ‘pirated copyright goods’ means any goods which are subject of an action infringing a copyright or related right or a design and which are or contain copies made without the consent of the holder of a copyright or related right or a design, regardless of whether it is registered, or of a person authorised by that holder incopies made without the consent of the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or related right under the law of the country of producimportation;
Amendment 141 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 7 – introductory part
Article 2 – point 7 – introductory part
(7) ‘goods suspected of infringing an intellectual property right’ means goods with regard to which there isare adequate evidenceindications on the basis of the applicable legal procedures to satisfy customs authorities that, in the Member State where these goods are found, are prima facie:
Amendment 145 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 7 – point a
Article 2 – point 7 – point a
(a) goods which are subject of an action infringing an intellectual property rightcounterfeit trademark goods or pirated copyright goods which are subject of an action under the law of the Union or of that Member State;
Amendment 146 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 7 – point b
Article 2 – point 7 – point b
(b) particular devices, products or components whichdesigned to circumvent technological protection measures (TPMs) in any technology, device or component that, and which in the normal course of itstheir operation, prevents or restrictserform acts in respect of works which are not authorised by the right-holder of anprotected by copyright or rights related to copyright and which infringe an intellectual property right under the law of that Member state;
Amendment 149 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 12
Article 2 – point 12
(12) ‘holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control over them;
Amendment 152 #
2011/0137(COD)
Proposal for a regulation
Article 2 – point 13 a (new)
Article 2 – point 13 a (new)
(13a) 'small consignment' means a consignment that is not obviously imported for commercial purposes.
Amendment 154 #
2011/0137(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Without prejudice to Article 8 of Regulation (EC) No 864/200725, the law of the Member State where the goods are found in one of the situations referred to in Article 1(1) shall apply for the purpose of determining whether the use of those goods gives rise to suspicion of infringement of an intellectual property right or has infringed an intellectual property right. The law of the Member State may not be applied to goods-in-transit, unless there is clear and convincing evidence of imminent, intended entry onto the market of the Union, meaning intended sale to and consumption by Union residents. Under no circumstances shall a Member State apply a "manufacturing fiction" to determine the intellectual property status of the challenge goods.
Amendment 162 #
2011/0137(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) intellectual property collective rights management bodies which are regularly recognised as having a right tolawfully representing holders of copyrights or related rights;
Amendment 163 #
2011/0137(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) professional defence bodies which are regularly recognised as having a right tolawfully representing holders of intellectual property rights;
Amendment 164 #
2011/0137(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
A Union application may be submitted with respect to anythe intellectual property rights of Article 2 applying throughout the Union.
Amendment 170 #
2011/0137(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The application and all information relevant to the identification of the goods by customs authorities, as well as for the analysis and assessment of the risk of infringement of the intellectual property right(s) concerned, as defined in points (g), (h) and (i) of the second subparagraph of paragraph 3, shall be made publicly accessible through a website.
Amendment 173 #
2011/0137(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, nothe applicant shall notify the customs authorities thereof and no further action shall be taken by the customs authorities. The decision granting the application shall be revoked or amended accordingly by the customs autohorities that granted the decision.
Amendment 174 #
2011/0137(COD)
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, nothe applicant shall notify the customs authorities thereof and no further action shall be taken by the customs authorities. The decision granting the extension shall be revoked or amended accordingly by the customs authorities that granted the decision.
Amendment 175 #
2011/0137(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 176 #
2011/0137(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Once the central database of the Commission referred to in Article 31(3) is in place, all exchanges of data on decisions concerning applications for action, accompanying documents and notifications between the customs authorities of the Member States shall be made publicly available via that database.
Amendment 177 #
2011/0137(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
The holder of the decision granting the application shall notify within five working days the competent customs department that adopted that decision of any of the following:
Amendment 188 #
2011/0137(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Before adopting the decision of suspension of release or detention of the goods, the customs authorities shall, communicate their intention to the declarant or, in cases where goods are to be detained, the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within threfive working days of dispatch of that communication.
Amendment 191 #
2011/0137(COD)
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. When adopting a decision to suspend the release of the goods or to detain them, in the case of small consignments, the customs authorities shall within a reasonable time duly inform the end- consumer of the legal basis for the actions taken by them.
Amendment 198 #
2011/0137(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Before adopting a decision to suspend the release of the goods or to detain them, the customs authorities shall communicate their intention to the declarant or, in cases where goods are to be detained, to the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within threfive working days of dispatch of that communication.
Amendment 200 #
2011/0137(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. When adopting a decision to suspend the release of the goods or to detain them, in the case of small consignments, the customs authorities shall within a reasonable time duly inform the end- consumer of the legal basis for the actions taken by them.
Amendment 215 #
2011/0137(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where goods other than those covered by Articles 23 and 24 are suspected of infringing an intellectual property right, the holder of the decision granting the application shall initiate proceedings to determine whether an intellectual property right has been infringed within 10 working days of dispatch of the decision to suspend the release of the goods or to detain them.
Amendment 219 #
2011/0137(COD)
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Where the customs authorities have been notified of the initiation of proceedings to determine whether a design, patent, utility model or plant variety right has been infringed and the period provided for in Article 20 has expired, the declarant or holder of the goods may request the customs authorities to release the goods or put an end to their detention.
Amendment 220 #
2011/0137(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Goods abandoned for destruction under Articles 20, 23 or 24 shall not be:
Amendment 222 #
2011/0137(COD)
Proposal for a regulation
Article 23
Article 23
Amendment 233 #
2011/0137(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) goods suspected of being counterfeit or piratrademark goods or pirated copyrighted goods;
Amendment 251 #
2011/0137(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28a Penalties imposed on applicants Applicants who repeatedly submit applications concerning the alleged intellectual property rights violations that prove to be false in the majority of cases over a period of two years shall lose the right to submit applications for a fixed period. Member States shall lay down rules on penalties applicable to those applicants. The penalties provided for must be effective, proportionate and dissuasive.
Amendment 50 #
2011/0136(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works protected by copyright and neighbouring rights for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe.
Amendment 52 #
2011/0136(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authorightholders of reproduction and of making available to the public of their works, as harmonised under Directive 2001/29/EC of the European Parliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, require the consent of the authorightholder prior to the digitisation and making available of a work.
Amendment 57 #
2011/0136(COD)
Proposal for a directive
Recital 9
Recital 9
(9) For the purposes of this Directive, sound recordings and cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation.
Amendment 60 #
2011/0136(COD)
Proposal for a directive
Recital 11
Recital 11
(11) For reasons of international comity, this Directive should only apply to works that are first published, exhibited, or broadcast in the territory of a Member State.
Amendment 70 #
2011/0136(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authors are entitledWhere rightholders come forward to claim their works, it is appropriate for them to have the possibility to put an end to the orphan status in case they comof those fworward to claim their workks in respect of themselves.
Amendment 73 #
2011/0136(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to promote learning and culture, Member States should permit libraries, educational establishments and museums which are publicly accessible, as well as archives, film heritage institutions and public service broadcasting organisations, to communicate, make available and reproduce, within the meaning of Directive 2001/29/EC, orphan works, provided such use fulfils their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections and guarantees cultural and educational access to them. Film heritage institutions should, for the purposes of this Directive, cover organisations designated by Member States to collect, catalogue, preserve and restore films forming part of their cultural heritage.
Amendment 77 #
2011/0136(COD)
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existing or future arrangements in the Member States concerning the management of rights such as extended collective licences, legal presumptions of representation or transfer, mandatory collective management, or combinations of them.
Amendment 84 #
2011/0136(COD)
Proposal for a directive
Recital 22
Recital 22
(22) When a Member State authorises, under the conditions established in this Directive, the use of orphan works by publicly accessible libraries, educational establishments, museums, archives, film heritage institutions or public service broadcasting organisations for purposes beyond their public interest mission, rightholders who come forward to claim their works should be remunerated. Such remuneration should be fair and take account of the type of work and the use concerned. Member States may provide that revenues collected from such use of orphan works for the purpose of remuneration but which are unclaimed after the expiry of the period fixed in accordance with this Directive should contribute to financing institutions involved in the preservation, restoration and provision of cultural and educational access to European works, or to financing rights information sources that will facilitate diligent search, by low-cost and automated means, in respect of categories of works that fall actually or potentially within the scope of application of this Directive.
Amendment 88 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to works first published or broadcast in a Member Stateprotected by copyright, which are contained in the collections of organisations referred to in Article 1(1) and which are:
Amendment 92 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 1
Article 1 – paragraph 2 – point 1
(1) Works published in the form of books, journals, newspapers, magazines or other writings, and which are contaprinted in the collections of publicly accessible libraries, educational establishments, museums or archivesmaterials that were first published, exhibited or broadcast in the territory of a Member State at least five years earlier, or
Amendment 94 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 2
Article 1 – paragraph 2 – point 2
(2) CSound recordings or cinematographic or audiovisual works contained in the collections of film herithat were first published, exhibited or broadcast in the territory of a Member Stagte institutionsat least five years earlier, or
Amendment 95 #
2011/0136(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall keep under constant review the development of rights information sources and shall, at the latest one year after the entry into force of this Directive, and at annual intervals thereafter, submit a report concerning the possible inclusion in the scope of application of this Directive of beneficiaries other than those listed in Article 1(1), and of works or other protected subject matter not currently included in such scope, and in particular phonograms and stand alone photographs and other images.
Amendment 96 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 3
Article 1 – paragraph 2 – point 3
Amendment 99 #
2011/0136(COD)
Proposal for a directive
Article 1 – paragraph 2 – point 3 a (new)
Article 1 – paragraph 2 – point 3 a (new)
(3a) Works that constitute an integral or embedded part of works referred to in Article 1(2).
Amendment 100 #
2011/0136(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. A work protected by copyright shall be considered an orphan work if the rightholder in the work isone or more copyright or related rights holders are not identified or, even if identified, is not located after a diligent search for the rightholder has been carried out and recorded in accordance with Article 3.
Amendment 104 #
2011/0136(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where a work has more than one rightholder in copyright or related rights, and one of the rightholders has been identified and located, that work shall not be considered an orphan worke rights of the other rightholder(s) are not affected by the present Directive.
Amendment 107 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of establishing whether a work is an orphan work, the organisations referred to in Article 1(1) shall ensure that a diligent search is carried out for each workin good faith, by consulting the appropriate sources for the category of works in question.
Amendment 113 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The sources that are appropriate for each category of works shall beor other protected subject matter shall be the publicly accessible databases determined by each Member State, in consultation with rightholders and users, and may include, the sources listed in the Annex.
Amendment 118 #
2011/0136(COD)
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. A diligent search is required to be carried out only in the Member State of first publication or broadcastin which territory the work was first published, exhibited, or broadcast. It shall be carried out in good faith and in a reasonable scope prior to the use of the work.
Amendment 129 #
2011/0136(COD)
Proposal for a directive
Article 5
Article 5
Member States shall ensure that a rightholder in a work considered to be orphan has, at any time, the possibility of putting an end to the orphan status in respect of himself, by making himself known in an appropriate manner.
Amendment 133 #
2011/0136(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Termination of the status of orphan work in respect of a rightholder that makes himself known shall not call into question contracts previously entered into for the use, in accordance with the present Directive, of the work which was previously orphan in respect of that rightholder.
Amendment 137 #
2011/0136(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) by communication to the public of the orphan work, including making it available to the public, by wire or wireless means, so that everybody can have access to it at a place and a time chosen individually.
Amendment 155 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
(4) rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are remunerated according to fixed tariffs determined by the Member States for the use that has been made of the work by the organisations referred to in Article 1(1);
Amendment 158 #
2011/0136(COD)
Proposal for a directive
Article 7 – paragraph 1 – point 5
Article 7 – paragraph 1 – point 5
(5) rightholders may claim their remuneration under point (4) within a period ofixed by Member States and which shall not be less than five years from the date of the act giving rise to the claim.
Amendment 163 #
2011/0136(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
This Directive shall be without prejudice to provisions for managing the rights to works and other protected subject matter, in particular collective licensing arrangements, legal presumptions of representation or transfer, mandatory collective management, or combinations of them, irrespective of whether such works or protected subject matter are orphan works under Article 2, in accordance with Union law and the international treaties on copyright and related rights. Where such provisions exist or are introduced, each other Member State shall ensure that the beneficiaries of Article 1(1) are legally protected with regard to their use of works or other protected subject matter as licensed or permitted under such provisions.
Amendment 166 #
2011/0136(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall keep under constant review the development of rights information sources and shall, at the latest one year after the entry into force of this Directive, and at annual intervals thereafter, submit a report concerning the possible inclusion in the scope of application of this Directive of beneficiaries other than those listed in Article 1(1), and of works or other protected subject matter not currently included in such scope, and in particular phonograms and stand alone photographs and other images, as well as unpublished works of all kinds created in Europe.
Amendment 74 #
2011/0135(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) With regard to representatives of the private sector, the Office shouldall involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringementseld of intellectual property rights, in particularsuch as representatives of right holders and Internet service providers. Also, a proper representation of consumers, civil society groups, and of small and medium -sized enterprises shouldall be ensured.
Amendment 79 #
2011/0135(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) establishing a transparent methodology for the collection, analysis and reporting of independent, objective, comparable and reliable data relating to infringements of intellectual property rights;
Amendment 87 #
2011/0135(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) monitoring and reporting on the effect of legal online offers on use of unauthorised content;
Amendment 58 #
2011/0093(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 59 #
2011/0093(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
A European patent with unitary effect shall have a unitary character. It shall provide uniform protection and shall have equal effect in allis a patent title of the European Union that has effects throughout the territories of the participating Member States.
Amendment 60 #
2011/0093(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
A European patent with unitary effect shall have an autonomous character. It shall be subject only to the provisions of this Regulation, to the general principles of Union law, and, to the extent that this Regulation does not provide for specific rules, to those provisions of the European Patent Convention which are binding upon every European patent and which shall consequently be deemed to be provisions of this Regulation.
Amendment 62 #
2011/0093(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Harmonisation of substantive patent law By …, the Commission shall present a proposal for a directive of the European Parliament and of the Council, along with an impact assessment, for harmonisation of substantive patent law relevant for European patents with unitary effect.
Amendment 63 #
2011/0093(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3b Patentability of inventions 1. European patents with unitary effect shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application. 2. The following in particular shall not be regarded as inventions within the meaning of paragraph 1: (a) discoveries, scientific theories and mathematical methods; (b) aesthetic creations; (c) schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers; (d) presentations of information.
Amendment 64 #
2011/0093(COD)
Proposal for a regulation
Article 3 c (new)
Article 3 c (new)
Amendment 68 #
2011/0093(COD)
Proposal for a regulation
Article 8 – point a a (new)
Article 8 – point a a (new)
(aa) the acts allowed pursuant to the Treaties and Union law
Amendment 77 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1 – introductory wording
Article 12 – paragraph 1 – subparagraph 1 – introductory wording
1. The participating Member States shall give, within the meaning of Article 143 of the EPC, the European Patent Office the following tasks to be carried out in conformity with the Treaties and Union law, and the internal rules of the European Patent Office:
Amendment 80 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. In their capacity as Contracting States to the EPC, the participating Member States together with the European Parliament shall ensure the governance and supervision of the activities related to the tasks referred to in paragraph 1 by the European Patent Office. To that end they shall set up a Select Committee of the Administrative Council of the European Patent Organisation within the meaning of Article 145 of the EPC. That Select Committee shall take decisions pursuant to a mandate given by the European Parliament and shall report to the European Parliament. The Select Committee members shall be submitted to a hearing prior to their being approved by the European Parliament.
Amendment 81 #
2011/0093(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The participating Member States shall ensure effective legal protection before a national court against thany administrative decisions of the European Patent Office in carrying out the tasks referred to in paragraph 1.
Amendment 86 #
2011/0093(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The power to adopt delegated acts pursuant to Articles 15 and 16 is conferred on the Commission subject to the conditions laid down in this Article.
Amendment 89 #
2011/0093(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
This Regulation is without prejudice to the application of the Treaties and Union law, including competition law and the law relating to unfair competition.
Amendment 90 #
2011/0093(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Not later than sixtwo years from the date on which the first European patent with unitary effect takes effect in the territories of the participating Member States, the Commission shall present to the European Parliament and the Council a report on the operation of this Regulation and, where necessary, make appropriate proposals for amending it. Subsequent reports on the operation of this Regulation shall be presented by the Commission every sixtwo years.
Amendment 203 #
2010/2278(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises the lack of a Digital Single Market, and calls for the democratisation of broadband access and for continuous review of the Regulation on the telecoms sector ensuring privacy, data protection, and the protection of vulnerable groups;
Amendment 248 #
2010/2278(INI)
Motion for a resolution
Paragraph 17 – point c
Paragraph 17 – point c
(c) to devise an action plan which is proportionate and has public support whilst respecting fundamental rights against counterfeiting and piracy as a major preventive tool, in order to ensure that goods circulating in the Single Market are safe to consume, of the appropriate standard and legal;
Amendment 19 #
2010/2277(INI)
Motion for a resolution
Recital J
Recital J
J. whereas sub-optimal electronic management of copyrights leads to a high level of fragmentation in the market for audiovisual products which is detrimental to EU businesses; whereas both businesses and consumers would benefit from the creation of a genuine Single Market for audiovisual products as long as the fundamental rights of internet users are fully respected,
Amendment 21 #
2010/2277(INI)
Motion for a resolution
Recital K
Recital K
K. whereas counterfeiting and piracy reduces business confidence in e-commerce and fuel the fragmentation of intellectual property protection rules, which stifles innovation in the Single Market,
Amendment 113 #
2010/2277(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to create a Single Market for online audiovisual goods by improving the electronic management of copyrights by guaranteeing the fundamental rights of internet users while ensuring that rightholders receive adequate remuneration for their creative works;
Amendment 126 #
2010/2277(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Points out the need to strengthenconduct the fight against online piracy in a proportionate manner and with public support by making full use of the available technology while respecting fundamental rights;
Amendment 21 #
2010/2156(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses the need to finally address the "book famine" experienced by visually impaired and print disabled people; reminds the Commission and Member States of their obligations under the UN Convention on the Rights of Persons with Disabilities to take all appropriate measures to ensure that persons with disabilities enjoy access to cultural materials in accessible formats, and to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials; calls on the Commission to work actively and positively within the World Intellectual Property Organization WIPO to agree on a binding legal norm, based on the treaty proposal drafted by the World Blind Union and tabled at WIPO in 2009;
Amendment 22 #
2010/2156(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses the need to solve the issue of orphan works; welcomes the Commission's stated intention to present proposals in this area; notes that the problem of orphan works and the "black hole of the 20th century" is not limited to printed works such as books and magazines, but extends to all kinds of works, including photographs, music, and audiovisual works.
Amendment 23 #
2010/2156(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Notes that many of the new and exciting developments in the cultural and creative industries are related to user generated content and remixes of previously existing works; notes that these forms of expression are often held back by today's copyright legislation and praxis; calls on the Commission to propose solutions to address this, either through a "fair use" exception on the European level or by other means;
Amendment 2 #
2009/2178(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomStresses the Commission's initiatives to enhance the enforcement of intellectual property rights and calls for the provision of long-term financing for the European Counterfeiting and Piracy Observatneed to avoid creating new parallel bureaucratic structures for tasks that can be handled by existing institutions, and urges the Commission to draft a report on how to best use Europol and existing structures for cooperation between customs authorities to combat effectively the phenomenon of counterfeiting, in order to avoid duplication of efforyt;
Amendment 2 #
2009/2178(INI)
Motion for a resolution
Citation (new)
Citation (new)
– having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms,
Amendment 4 #
2009/2178(INI)
Motion for a resolution
Citation (new)
Citation (new)
– having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms and having regard to the legally binding character of the Charter of Fundamental Rights,
Amendment 7 #
2009/2178(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that commercial goods counterfeiting on the one hand, and on- line piracy on the other, are two different phenomena that should each be considered in its own right;
Amendment 7 #
2009/2178(INI)
Motion for a resolution
Recital A
Recital A
A. whereas violations of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents,commercial goods counterfeiting constitutes a genuine threat not only to consumer health and safety but also to our economies and societies,
Amendment 11 #
2009/2178(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Draws attention to the serious impact of the infringement of intellectual property rightsgoods counterfeiting on the internal market and therefore calls on the Commission to strengthen (and where appropriate review the effectiveness of) existing legislation, particularly with regard to the fight against the increase in counterfeit goods from third countries and against counterfeit goods that put consumer health at risk, particularly the health of young consumers;
Amendment 12 #
2009/2178(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas, on the other hand, the word ‘piracy’ does not relate to any recent legal reality, particularly in the cultural area, and whereas it cannot be used alone to designate an offence which has not been legally defined,
Amendment 14 #
2009/2178(INI)
Motion for a resolution
Recital C
Recital C
C. whereas data concerning the scale of IPR infringements are inconsistent, incomplete, insufficient and dispersed, and therefore do not provide a basis for any additional criminal legislative initiatives,
Amendment 17 #
2009/2178(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the phenomenon of on-line piracy has assumed very alarming proportions, particularly for the creative content industries, and whereas the existing legal framework has proven incapable of effectively protecting rights- holders on the Internet andre are no reliable and independent data as to the impact of on- line IPR infringements, and whereas the existing legal framework needs to be clarified to ensure the balance between all the interests at stake, including those of consumers,
Amendment 18 #
2009/2178(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to create the EU Certification LabelMark system, which would give a high level of protection for certification marks established at European or at national level, and common rules and a legal framework for certification, guarantee, quality and safety marks, and provide additional effective tools against counterfeited goods which abuse such certification marks;
Amendment 20 #
2009/2178(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas efforts to tackle on-line non- commercial file sharing have created a strong and prejudicial antagonism between the creative industries and their public, and it is therefore necessary to explore new ways of creating synergy between the rights of the public and the revenues of authors and creators,
Amendment 21 #
2009/2178(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that the EU Certification Mark system should provide additional protection going beyond that afforded by the collective Community Trade Marks and should be run by the Office for Harmonisation in the Internal Market;
Amendment 23 #
2009/2178(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for closer administrative cooperation and information exchange between supervisory authorities concerning the infringement of intellectual property rightsgoods counterfeiting;
Amendment 26 #
2009/2178(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, with the exception of legislation on penalties under the criminal law, a Community legal framework already exists with regard to the phenomenon of counterfeiting and piracy of physical goods, but whereas lacunae persist with regard to the trade of counterfeit goods over the Internet piracy,
Amendment 29 #
2009/2178(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the measures provided for by Directive 2004/48/EC on the enforcement of intellectual property rights on the internal market have not yet been assessed, from the point of view of the protection of rights or from the point of view of its effects on consumers’ rights,
Amendment 30 #
2009/2178(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the telecoms regulatory framework has recently been amended, rejecting proposals for so-called graduated response schemes at EU level, and instead includes provisions for standardised public interest notices which can address, among other things, copyright and infringement thereof without jeopardising data protection and privacy rights and stresses the need to respect fundamental rights in matters relating to Internet access,
Amendment 32 #
2009/2178(INI)
Motion for a resolution
Recital J
Recital J
J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting and piracy,
Amendment 33 #
2009/2178(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for proportionate measures to be proposed for effectively and successfully combating the negative impact of infringement of intellectual property rights in the digital environment (piracy) on the internal market and calls on the Observatory to analyse the impact of alternative systems of equitable compensation (for example, flat-rate licences)on the Commission to draw up the report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken and their compatibility with fundamental rights, as well as an evaluation of its impact on innovation and the development of the information society, in accordance with Article 18(1) of that Directive and, if necessary, to propose amendments;
Amendment 33 #
2009/2178(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the co-decision role of the European Parliament in commercial matters and its access to negotiation documents is guaranteed by the Lisbon Treaty,
Amendment 39 #
2009/2178(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the communication of 11 September 2009 from the Commission concerning additional non-legislative measures; regrets however that the communication does not deal with the completionwelcomes the progress made in the EU in harmonising the fight against counterfeiting; encourages the Commission to step up its efforts in areas that are sensitive in terms of the legislative frameworkalth and safety, including that of medicines;
Amendment 41 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Views as regrettable the fact that the Commission links the terms ‘piracy’ and ‘counterfeiting’ in its communication, thereby creating a legal grey area with regard to the offence being referred to;
Amendment 43 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Wonders about the accuracy of the word ‘piracy’ as used to designate the non-commercial exchange of content on line, which leads to a de facto criminalisation of millions of European citizens, particularly young people;
Amendment 44 #
2009/2178(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 46 #
2009/2178(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to urgently presentpropose a comprehensive IPR strategy addressing all aspects of IPRs, including their enforceon IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the field of IPR to current trends in society as well as to technical developments;
Amendment 49 #
2009/2178(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that any measures taken to enforce IPR must respect the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 10, Article 8, and Article 6, and be necessary, proportionate, and appropriate within a democratic society;
Amendment 50 #
2009/2178(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the Commission should take IPR aspecthe protection of fundamental rights into account in all its policies or legislative initiatives and consider these aspects in all processes relating to impact assessments where a proposal would have an impact on intellectual propertyfundamental rights;
Amendment 54 #
2009/2178(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. DoTakes not sharee of the Commission's certitudeview that the current civil enforcement framework in the EU is effective and harmonised to the extent necessary forcontributes to the proper functioning of the internal market and reminds the Commission that the report on the application of Directive 2004/48/EC is essential to confirm those claims;
Amendment 57 #
2009/2178(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to draw up the report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken, their compatibility with fundamental rights, as well as an evaluation of its impact on innovation and the development of the information society, in accordance with Article 18(1) of that Directive and, if necessary, to propose amendments; calls for that report also to include an assessment of the ways to strengthen and upgrade the legal framework with respect to the Internetimpact of the directive on the digital market of creative content and consumers’ rights;
Amendment 59 #
2009/2178(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Does not sShares the Commission view that the principal body of laws with respect to IPR enforcement is already in place; points out in this respect that negotiations on the directive on criminal sanctions have not been successfully concluded and calls on the Commission to put forward a new proposal on criminal sanctions under the Treaty of Lisbon for serious infringements committed by organized crime entities;
Amendment 60 #
2009/2178(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;
Amendment 65 #
2009/2178(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that commercial goods counterfeiting on the one hand and on- line piracy on the other are two different phenomena that should each be considered in its own right;
Amendment 66 #
2009/2178(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses the need to avoid creating new parallel bureaucratic structures for tasks that can be handled by existing institutions, such as Europol, forums for cooperation between customs authorities, and statistics-gathering bodies within the EU, in order to avoid duplication of effort;
Amendment 67 #
2009/2178(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomUrges the establishment of the Observatory as a tool for centralCommission to produce a report on how best to use Europol and exisation of statistics and data which will serve as a basis for proposals to be implementedng structures for cooperation between customs authorities to combat effectively the phenomenaon of counterfeiting and piracy, including on- line piracy;
Amendment 70 #
2009/2178(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Wishes the Observatory to become a tool for collecting and exchanging data and information on all forms of all IPR infringementsexisting statistics-gathering bodies to compile scientific research regarding counterfeiting and IPR regulation;
Amendment 71 #
2009/2178(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to clarify the tasks which are to be entrusted to the Observatoryenvisaged in its communication and stresses that the success of the Observatoryse actions largely depends on the involvement and cooperation of all stakeholders, including the national authorities, rights-holders, consumers' organisations and the industries concerned, in order to increase transparency and avoid duplication of effort;
Amendment 73 #
2009/2178(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to inform Parliament and the Council fully and comprehensively about the results of the Observatory's activities through annual reports in which the Commission draws conclusions and proposes solutions necessary to enhance the enforcement of IPRs;
Amendment 75 #
2009/2178(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to organise a campaign to raise awareness at European, national and local level of the risks to consumer health and safety arising from counterfeit products and also the adverse impact of counterfeiting and piracy on the economy and society;
Amendment 80 #
2009/2178(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on all parties concerned, including Internet service providers, on- line sales platforms, rights-holders and consumers' organisatiothe Member States to conduct awareness campaigns, with regard to piracy and the sale of counterfeit products on line, to establish a dialogue on practical measures to be adopted to alert people, such as brief, visible and relevant warning messageswhere applicable and appropriate by way of the public interest information mechanism provided for in the Citizens’ Rights Directive;
Amendment 82 #
2009/2178(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 84 #
2009/2178(INI)
Motion for a resolution
Title after paragraph 15
Title after paragraph 15
Amendment 87 #
2009/2178(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Agrees with the Commission that additionalCautions against non-legislative measures are useful to improvegarding the application of IPR, particularly measures arising from as they may lead to the circumvention of legal safeguards, including those concernin-g depth dialogue among stakeholdersata protection and privacy;
Amendment 89 #
2009/2178(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 94 #
2009/2178(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that support for and development of the provision of a diversified, attractive, high-profile, legal range of goods and services for consumers may help to tackle the phenomenon, but recognises that this is not sufficient: piracy is today the biggest obstacle to the development of legal online offers and the EU runs the risk of condemning to failure efforts to develop the legitimate online market if it does not recognise that fact and make urgent proposals to address iwill ensure the development of a dynamic market for online creative content;
Amendment 101 #
2009/2178(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Asks the Commission to recognize the non-commercial file sharing associated with alternative reward systems, including the creation of a new exception or limitation to the making available and reproduction rights;
Amendment 107 #
2009/2178(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to review the issue of cross-border management of rights and change the current situation of legal uncertainty created by Commission Recommendation 2005/737/EC of 18 October 2005 on collective cross-border management of copyrights, taking into account the fact that copyright is inherently territorial for cultural, traditional and linguistic reasons and ensuring a pan-European licensing system providing consumers with access to the widest possible choice of content and not at the expense of European local repertoire;
Amendment 109 #
2009/2178(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the need to ensure that any legislative measure should not restrict in any way the fundamental rights to data protection and privacy as recognised in EU law;
Amendment 112 #
2009/2178(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Supports steps taken by the Commission with a view to identifying the best ways to further improve the EU Customs Regulation which allows the detention of goods suspected of infringing IPRs and is, as such, one of the pillars of the Union legal framework designed to enforce IPRs, and calls on the Commission and Member States to ensure that the detention of goods whose illegality is not proven should be as short as possible to avoid illegitimately blocking international transfers of such goods when an overriding general interest, such as public health, is at stake in countries of destination;
Amendment 117 #
2009/2178(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 119 #
2009/2178(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to continue its efforts to furtherfully inform Parliament on the progress and outcome of the negotiations on the multilateral Anti-Counterfeiting Trade Agreement (ACTA) to improve the effectiveness of the IPR enforcement system against counterfeiting and to fully inform Parliament on the progress and outcome of the negotiationsand to ensure that the provisions of ACTA fully comply with the acquis communautaire on IPR and fundamental rights;
Amendment 120 #
2009/2178(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Reiterates its calls on the Commission to ensure that ACTA only concentrates on IPR enforcement measures and not on substantive IPR issues such as the scope of protection, limitations and exceptions, secondary liability or liability of intermediaries, and that ACTA is not used as a vehicle for modifying the existing European IPR enforcement framework;
Amendment 122 #
2009/2178(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the importance of fighting organised crime in the area of IPRs, in particular counterfeiting and piracy; points out in this context the need for appropriate EU legislation on criminal sanctions and supports close strategic and operational cooperation between all the interested parties within the EU, in particular Europol, national authorities and the private sector, as well as with non-EU states and international organisations;